A. Any person violating this chapter or regulations adopted hereunder may beassessed a civil penalty by the Board. In determining the amount of any civilpenalty, the Board shall give due consideration to: (i) the history ofprevious violations; (ii) the seriousness of the violation including anyirreparable harm to the environment and any hazards to the health and safetyof the public; and (iii) the demonstrated good faith in attempting to achievecompliance with the chapter after notification of the violation.
B. The Board may assess a penalty of not more than $1,000 for a violationthat is less than serious; not more than $5,000 for a serious violation; andnot more than $20,000 for a repeat or knowing violation. The Board may assessan additional penalty of up to $100,000 for any violation that causes seriousdamage to the environment, serious injury to property, or serious injury toor death of any person.
C. Civil penalties assessed under this section shall be paid into PesticideControl Fund established in § 3.2-3912. The Commissioner shall prescribeprocedures for payment of penalties that are not contested by licensees orpersons, including provisions for a person to consent to abatement of thealleged violation and payment of a penalty or negotiated sum in lieu of suchpenalty without admission of civil liability.
D. The person to whom a civil penalty is issued shall have 15 days to requestan informal fact-finding conference, held pursuant to § 2.2-4019, tochallenge the fact or amount of the civil penalty. If the civil penalty isupheld, such person shall have 15 days to: (i) pay the proposed penalty infull or contest either the amount of the penalty or the fact of theviolation; and (ii) forward the proposed amount to the Commissioner's officefor placement in an interest-bearing trust account in the State Treasurer'soffice. If administrative or judicial review shows no violation or that theamount of penalty should be reduced, the Commissioner shall have 30 days fromthat showing to remit the appropriate amount to the person, with interestaccrued thereon. If the violation is upheld, the amount collected shall bepaid into the Pesticide Control Fund.
E. Final orders of the Board may be recorded, enforced, and satisfied asorders or decrees of a circuit court upon certification by the secretary ofthe Board. Such orders may be appealed in accordance with the provisions ofthe Administrative Process Act (§ 2.2-4000 et seq.).
(Code 1950, §§ 3-208.39, 3-208.42; 1966, c. 702, §§ 3.1-241, 3.1-244; 1970,c. 376; 1989, c. 575, § 3.1-249.70; 1993, c. 773; 2008, c. 860.)
A. Any person violating this chapter or regulations adopted hereunder may beassessed a civil penalty by the Board. In determining the amount of any civilpenalty, the Board shall give due consideration to: (i) the history ofprevious violations; (ii) the seriousness of the violation including anyirreparable harm to the environment and any hazards to the health and safetyof the public; and (iii) the demonstrated good faith in attempting to achievecompliance with the chapter after notification of the violation.
B. The Board may assess a penalty of not more than $1,000 for a violationthat is less than serious; not more than $5,000 for a serious violation; andnot more than $20,000 for a repeat or knowing violation. The Board may assessan additional penalty of up to $100,000 for any violation that causes seriousdamage to the environment, serious injury to property, or serious injury toor death of any person.
C. Civil penalties assessed under this section shall be paid into PesticideControl Fund established in § 3.2-3912. The Commissioner shall prescribeprocedures for payment of penalties that are not contested by licensees orpersons, including provisions for a person to consent to abatement of thealleged violation and payment of a penalty or negotiated sum in lieu of suchpenalty without admission of civil liability.
D. The person to whom a civil penalty is issued shall have 15 days to requestan informal fact-finding conference, held pursuant to § 2.2-4019, tochallenge the fact or amount of the civil penalty. If the civil penalty isupheld, such person shall have 15 days to: (i) pay the proposed penalty infull or contest either the amount of the penalty or the fact of theviolation; and (ii) forward the proposed amount to the Commissioner's officefor placement in an interest-bearing trust account in the State Treasurer'soffice. If administrative or judicial review shows no violation or that theamount of penalty should be reduced, the Commissioner shall have 30 days fromthat showing to remit the appropriate amount to the person, with interestaccrued thereon. If the violation is upheld, the amount collected shall bepaid into the Pesticide Control Fund.
E. Final orders of the Board may be recorded, enforced, and satisfied asorders or decrees of a circuit court upon certification by the secretary ofthe Board. Such orders may be appealed in accordance with the provisions ofthe Administrative Process Act (§ 2.2-4000 et seq.).
(Code 1950, §§ 3-208.39, 3-208.42; 1966, c. 702, §§ 3.1-241, 3.1-244; 1970,c. 376; 1989, c. 575, § 3.1-249.70; 1993, c. 773; 2008, c. 860.)
A. Any person violating this chapter or regulations adopted hereunder may beassessed a civil penalty by the Board. In determining the amount of any civilpenalty, the Board shall give due consideration to: (i) the history ofprevious violations; (ii) the seriousness of the violation including anyirreparable harm to the environment and any hazards to the health and safetyof the public; and (iii) the demonstrated good faith in attempting to achievecompliance with the chapter after notification of the violation.
B. The Board may assess a penalty of not more than $1,000 for a violationthat is less than serious; not more than $5,000 for a serious violation; andnot more than $20,000 for a repeat or knowing violation. The Board may assessan additional penalty of up to $100,000 for any violation that causes seriousdamage to the environment, serious injury to property, or serious injury toor death of any person.
C. Civil penalties assessed under this section shall be paid into PesticideControl Fund established in § 3.2-3912. The Commissioner shall prescribeprocedures for payment of penalties that are not contested by licensees orpersons, including provisions for a person to consent to abatement of thealleged violation and payment of a penalty or negotiated sum in lieu of suchpenalty without admission of civil liability.
D. The person to whom a civil penalty is issued shall have 15 days to requestan informal fact-finding conference, held pursuant to § 2.2-4019, tochallenge the fact or amount of the civil penalty. If the civil penalty isupheld, such person shall have 15 days to: (i) pay the proposed penalty infull or contest either the amount of the penalty or the fact of theviolation; and (ii) forward the proposed amount to the Commissioner's officefor placement in an interest-bearing trust account in the State Treasurer'soffice. If administrative or judicial review shows no violation or that theamount of penalty should be reduced, the Commissioner shall have 30 days fromthat showing to remit the appropriate amount to the person, with interestaccrued thereon. If the violation is upheld, the amount collected shall bepaid into the Pesticide Control Fund.
E. Final orders of the Board may be recorded, enforced, and satisfied asorders or decrees of a circuit court upon certification by the secretary ofthe Board. Such orders may be appealed in accordance with the provisions ofthe Administrative Process Act (§ 2.2-4000 et seq.).
(Code 1950, §§ 3-208.39, 3-208.42; 1966, c. 702, §§ 3.1-241, 3.1-244; 1970,c. 376; 1989, c. 575, § 3.1-249.70; 1993, c. 773; 2008, c. 860.)
