§ 10.1-603.14. Penalties, injunctions, and other legal actions.
A. Any person who violates any provision of this article, or of anyregulations or ordinances adopted hereunder, including those adopted pursuantto the conditions of an MS4 permit or who fails, neglects or refuses tocomply with any order of the permit issuing authority, the Department, Board,or court, issued as herein provided, shall be subject to a civil penalty notto exceed $32,500 for each violation within the discretion of the court. Eachday of violation of each requirement shall constitute a separate offense. TheBoard shall adopt a regulation establishing a schedule of civil penalties tobe utilized by the permit issuing authority in enforcing the provisions ofthis article. The Board, Department, or permit issuing authority for thelocality wherein the land lies may issue a summons for collection of thecivil penalty and the action may be prosecuted in the appropriate circuitcourt. Any civil penalties assessed by a court as a result of a summonsissued by a locality shall be paid into the treasury of the locality whereinthe land lies, except where the violator is the locality itself, or itsagent. When the penalties are assessed by the court as a result of a summonsissued by the Board or Department, or where the violator is the localityitself, or its agent, the court shall direct the penalty to be paid into thestate treasury and deposited by the State Treasurer into the VirginiaStormwater Management Fund established pursuant to § 10.1-603.4:1. Such civilpenalties paid into the treasury of the locality in which the violationoccurred are to be used for the purpose of minimizing, preventing, managing,or mitigating pollution of the waters of the locality and abatingenvironmental pollution therein in such manner as the court may, by order,direct.
B. Any person who willfully or negligently violates any provision of thisarticle, any regulation or order of the Board, order of the permit issuingauthority or the Department, ordinance of any locality, any condition of apermit, or any order of a court shall be guilty of a misdemeanor punishableby confinement in jail for not more than 12 months and a fine of not lessthan $2,500 nor more than $32,500, either or both. Any person who knowinglyviolates any provision of this article, any regulation or order of the Board,order of the permit issuing authority or the Department, ordinance of anylocality, any condition of a permit or any order of a court issued as hereinprovided, or who knowingly makes any false statement in any form required tobe submitted under this article or knowingly renders inaccurate anymonitoring device or method required to be maintained under this article,shall be guilty of a felony punishable by a term of imprisonment of not lessthan one year nor more than three years, or in the discretion of the jury orthe court trying the case without a jury, confinement in jail for not morethan 12 months and a fine of not less than $5,000 nor more than $50,000 foreach violation. Any defendant that is not an individual shall, uponconviction of a violation under this subsection, be sentenced to pay a fineof not less than $10,000. Each day of violation of each requirement shallconstitute a separate offense.
C. Any person who knowingly violates any provision of this article, and whoknows at that time that he thereby places another person in imminent dangerof death or serious bodily harm, shall, upon conviction, be guilty of afelony punishable by a term of imprisonment of not less than two years normore than 15 years and a fine of not more than $250,000, either or both. Adefendant that is not an individual shall, upon conviction of a violationunder this subsection, be sentenced to pay a fine not exceeding the greaterof $1 million or an amount that is three times the economic benefit realizedby the defendant as a result of the offense. The maximum penalty shall bedoubled with respect to both fine and imprisonment for any subsequentconviction of the same person under this subsection.
D. Violation of any provision of this article may also include the followingsanctions:
1. The Board, Department, or the permit issuing authority may apply to thecircuit court in any jurisdiction wherein the land lies to enjoin a violationor a threatened violation of the provisions of this article or of the localordinance without the necessity of showing that an adequate remedy at lawdoes not exist.
2. With the consent of any person who has violated or failed, neglected orrefused to obey any ordinance, any condition of a permit, any regulation ororder of the Board, any order of the permit issuing authority or theDepartment, or any provision of this article, the Board, Department, orpermit issuing authority may provide, in an order issued against such person,for the payment of civil charges for violations in specific sums, not toexceed the limit specified in this section. Such civil charges shall beinstead of any appropriate civil penalty that could be imposed under thissection. Any civil charges collected shall be paid to the locality or statetreasury pursuant to subsection A.
§ 10.1-603.14. Penalties, injunctions, and other legal actions.
A. Any person who violates any provision of this article, or of anyregulations or ordinances adopted hereunder, including those adopted pursuantto the conditions of an MS4 permit or who fails, neglects or refuses tocomply with any order of the permit issuing authority, the Department, Board,or court, issued as herein provided, shall be subject to a civil penalty notto exceed $32,500 for each violation within the discretion of the court. Eachday of violation of each requirement shall constitute a separate offense. TheBoard shall adopt a regulation establishing a schedule of civil penalties tobe utilized by the permit issuing authority in enforcing the provisions ofthis article. The Board, Department, or permit issuing authority for thelocality wherein the land lies may issue a summons for collection of thecivil penalty and the action may be prosecuted in the appropriate circuitcourt. Any civil penalties assessed by a court as a result of a summonsissued by a locality shall be paid into the treasury of the locality whereinthe land lies, except where the violator is the locality itself, or itsagent. When the penalties are assessed by the court as a result of a summonsissued by the Board or Department, or where the violator is the localityitself, or its agent, the court shall direct the penalty to be paid into thestate treasury and deposited by the State Treasurer into the VirginiaStormwater Management Fund established pursuant to § 10.1-603.4:1. Such civilpenalties paid into the treasury of the locality in which the violationoccurred are to be used for the purpose of minimizing, preventing, managing,or mitigating pollution of the waters of the locality and abatingenvironmental pollution therein in such manner as the court may, by order,direct.
B. Any person who willfully or negligently violates any provision of thisarticle, any regulation or order of the Board, order of the permit issuingauthority or the Department, ordinance of any locality, any condition of apermit, or any order of a court shall be guilty of a misdemeanor punishableby confinement in jail for not more than 12 months and a fine of not lessthan $2,500 nor more than $32,500, either or both. Any person who knowinglyviolates any provision of this article, any regulation or order of the Board,order of the permit issuing authority or the Department, ordinance of anylocality, any condition of a permit or any order of a court issued as hereinprovided, or who knowingly makes any false statement in any form required tobe submitted under this article or knowingly renders inaccurate anymonitoring device or method required to be maintained under this article,shall be guilty of a felony punishable by a term of imprisonment of not lessthan one year nor more than three years, or in the discretion of the jury orthe court trying the case without a jury, confinement in jail for not morethan 12 months and a fine of not less than $5,000 nor more than $50,000 foreach violation. Any defendant that is not an individual shall, uponconviction of a violation under this subsection, be sentenced to pay a fineof not less than $10,000. Each day of violation of each requirement shallconstitute a separate offense.
C. Any person who knowingly violates any provision of this article, and whoknows at that time that he thereby places another person in imminent dangerof death or serious bodily harm, shall, upon conviction, be guilty of afelony punishable by a term of imprisonment of not less than two years normore than 15 years and a fine of not more than $250,000, either or both. Adefendant that is not an individual shall, upon conviction of a violationunder this subsection, be sentenced to pay a fine not exceeding the greaterof $1 million or an amount that is three times the economic benefit realizedby the defendant as a result of the offense. The maximum penalty shall bedoubled with respect to both fine and imprisonment for any subsequentconviction of the same person under this subsection.
D. Violation of any provision of this article may also include the followingsanctions:
1. The Board, Department, or the permit issuing authority may apply to thecircuit court in any jurisdiction wherein the land lies to enjoin a violationor a threatened violation of the provisions of this article or of the localordinance without the necessity of showing that an adequate remedy at lawdoes not exist.
2. With the consent of any person who has violated or failed, neglected orrefused to obey any ordinance, any condition of a permit, any regulation ororder of the Board, any order of the permit issuing authority or theDepartment, or any provision of this article, the Board, Department, orpermit issuing authority may provide, in an order issued against such person,for the payment of civil charges for violations in specific sums, not toexceed the limit specified in this section. Such civil charges shall beinstead of any appropriate civil penalty that could be imposed under thissection. Any civil charges collected shall be paid to the locality or statetreasury pursuant to subsection A.
§ 10.1-603.14. Penalties, injunctions, and other legal actions.
A. Any person who violates any provision of this article, or of anyregulations or ordinances adopted hereunder, including those adopted pursuantto the conditions of an MS4 permit or who fails, neglects or refuses tocomply with any order of the permit issuing authority, the Department, Board,or court, issued as herein provided, shall be subject to a civil penalty notto exceed $32,500 for each violation within the discretion of the court. Eachday of violation of each requirement shall constitute a separate offense. TheBoard shall adopt a regulation establishing a schedule of civil penalties tobe utilized by the permit issuing authority in enforcing the provisions ofthis article. The Board, Department, or permit issuing authority for thelocality wherein the land lies may issue a summons for collection of thecivil penalty and the action may be prosecuted in the appropriate circuitcourt. Any civil penalties assessed by a court as a result of a summonsissued by a locality shall be paid into the treasury of the locality whereinthe land lies, except where the violator is the locality itself, or itsagent. When the penalties are assessed by the court as a result of a summonsissued by the Board or Department, or where the violator is the localityitself, or its agent, the court shall direct the penalty to be paid into thestate treasury and deposited by the State Treasurer into the VirginiaStormwater Management Fund established pursuant to § 10.1-603.4:1. Such civilpenalties paid into the treasury of the locality in which the violationoccurred are to be used for the purpose of minimizing, preventing, managing,or mitigating pollution of the waters of the locality and abatingenvironmental pollution therein in such manner as the court may, by order,direct.
B. Any person who willfully or negligently violates any provision of thisarticle, any regulation or order of the Board, order of the permit issuingauthority or the Department, ordinance of any locality, any condition of apermit, or any order of a court shall be guilty of a misdemeanor punishableby confinement in jail for not more than 12 months and a fine of not lessthan $2,500 nor more than $32,500, either or both. Any person who knowinglyviolates any provision of this article, any regulation or order of the Board,order of the permit issuing authority or the Department, ordinance of anylocality, any condition of a permit or any order of a court issued as hereinprovided, or who knowingly makes any false statement in any form required tobe submitted under this article or knowingly renders inaccurate anymonitoring device or method required to be maintained under this article,shall be guilty of a felony punishable by a term of imprisonment of not lessthan one year nor more than three years, or in the discretion of the jury orthe court trying the case without a jury, confinement in jail for not morethan 12 months and a fine of not less than $5,000 nor more than $50,000 foreach violation. Any defendant that is not an individual shall, uponconviction of a violation under this subsection, be sentenced to pay a fineof not less than $10,000. Each day of violation of each requirement shallconstitute a separate offense.
C. Any person who knowingly violates any provision of this article, and whoknows at that time that he thereby places another person in imminent dangerof death or serious bodily harm, shall, upon conviction, be guilty of afelony punishable by a term of imprisonment of not less than two years normore than 15 years and a fine of not more than $250,000, either or both. Adefendant that is not an individual shall, upon conviction of a violationunder this subsection, be sentenced to pay a fine not exceeding the greaterof $1 million or an amount that is three times the economic benefit realizedby the defendant as a result of the offense. The maximum penalty shall bedoubled with respect to both fine and imprisonment for any subsequentconviction of the same person under this subsection.
D. Violation of any provision of this article may also include the followingsanctions:
1. The Board, Department, or the permit issuing authority may apply to thecircuit court in any jurisdiction wherein the land lies to enjoin a violationor a threatened violation of the provisions of this article or of the localordinance without the necessity of showing that an adequate remedy at lawdoes not exist.
2. With the consent of any person who has violated or failed, neglected orrefused to obey any ordinance, any condition of a permit, any regulation ororder of the Board, any order of the permit issuing authority or theDepartment, or any provision of this article, the Board, Department, orpermit issuing authority may provide, in an order issued against such person,for the payment of civil charges for violations in specific sums, not toexceed the limit specified in this section. Such civil charges shall beinstead of any appropriate civil penalty that could be imposed under thissection. Any civil charges collected shall be paid to the locality or statetreasury pursuant to subsection A.
