§ 62.1-194.3. Obstructing tributaries of Big Sandy River; dumping refuse,etc., into Big Sandy River or its tributaries.
(a) If any person place any dam or other obstruction in any tributary of BigSandy River so as to prevent the free passage of timber, or any raft or boat,he shall be fined not less than $50 nor more than $500; and, upon convictionthereof, the court or judge of the county court shall order the dam or otherobstruction to be removed at his expense.
(b) It shall also be unlawful for any person to dump, place or put, or causeto be dumped, placed, or put into, upon the banks of or into the channels ofBig Sandy River or any of its tributaries, any dirt, stone, coal, slate,cinders, mine refuse, trees, timber, logs, garbage or any other material orsubstance so as to in anywise narrow, fill or restrict or partially narrow,fill or restrict the channels of said streams or impede the natural flow ofthe waters of said river or any of its tributaries or dump, place or put, orcause to be dumped, placed or put any dirt, stone, coal, slate, cinders, minerefuse, trees, timber, logs, garbage or any other material, or substancewhere the same does by natural rainfall or flow of water become washed orotherwise carried into, upon the banks of, or into the channels of, suchriver or any of its tributaries so as to in anywise narrow, fill or restrictor partially narrow, fill or restrict the channels of any of said streams orimpede the natural flow of the waters thereof. Any person who violates anyprovision of this law shall be guilty of a misdemeanor and upon conviction bepunished by a fine of not less than $100 nor more than $500 or by confinementin jail not more than twelve months or both such fine and imprisonment. Eachday that any of said materials or substances so dumped, placed or put, orcaused to be dumped, placed or put into or so allowed to be washed orotherwise so carried into, upon the banks of or into the channels of, saidstreams shall constitute a separate offense and be punished as such.
(c) In addition to the foregoing penalties for violation of this law, thejudge of the circuit court of the county wherein any such violation occurs,whether there be a criminal conviction therefor or not shall, upon a bill inequity, filed by the attorney for the Commonwealth of such county or by anyperson whose property is damaged or whose property is threatened with damagefrom any such violation, award an injunction enjoining any violation of thislaw by any person found by the court in such suit to have violated this lawor causing the same to be violated, when made a party defendant to such suit.
(d) This section shall not be construed to restrict the construction orreconstruction of highways, or the construction or reconstruction of theright-of-way of any company subject to the Commonwealth CorporationCommission, or the maintenance thereof in either case, provided the channelthereafter continues to permit a flow of water in such stream at least aslarge as that prevailing theretofore, provided that if the channel above thepoint of such work be widened or deepened subsequently then such company maybe required by the circuit court of the county on petition of any interestedperson to change its right-of-way where practicable so as to permit theincreased flow of water.
(Code 1950, § 62-190; 1960, c. 257; 1968, c. 169.)
§ 62.1-194.3. Obstructing tributaries of Big Sandy River; dumping refuse,etc., into Big Sandy River or its tributaries.
(a) If any person place any dam or other obstruction in any tributary of BigSandy River so as to prevent the free passage of timber, or any raft or boat,he shall be fined not less than $50 nor more than $500; and, upon convictionthereof, the court or judge of the county court shall order the dam or otherobstruction to be removed at his expense.
(b) It shall also be unlawful for any person to dump, place or put, or causeto be dumped, placed, or put into, upon the banks of or into the channels ofBig Sandy River or any of its tributaries, any dirt, stone, coal, slate,cinders, mine refuse, trees, timber, logs, garbage or any other material orsubstance so as to in anywise narrow, fill or restrict or partially narrow,fill or restrict the channels of said streams or impede the natural flow ofthe waters of said river or any of its tributaries or dump, place or put, orcause to be dumped, placed or put any dirt, stone, coal, slate, cinders, minerefuse, trees, timber, logs, garbage or any other material, or substancewhere the same does by natural rainfall or flow of water become washed orotherwise carried into, upon the banks of, or into the channels of, suchriver or any of its tributaries so as to in anywise narrow, fill or restrictor partially narrow, fill or restrict the channels of any of said streams orimpede the natural flow of the waters thereof. Any person who violates anyprovision of this law shall be guilty of a misdemeanor and upon conviction bepunished by a fine of not less than $100 nor more than $500 or by confinementin jail not more than twelve months or both such fine and imprisonment. Eachday that any of said materials or substances so dumped, placed or put, orcaused to be dumped, placed or put into or so allowed to be washed orotherwise so carried into, upon the banks of or into the channels of, saidstreams shall constitute a separate offense and be punished as such.
(c) In addition to the foregoing penalties for violation of this law, thejudge of the circuit court of the county wherein any such violation occurs,whether there be a criminal conviction therefor or not shall, upon a bill inequity, filed by the attorney for the Commonwealth of such county or by anyperson whose property is damaged or whose property is threatened with damagefrom any such violation, award an injunction enjoining any violation of thislaw by any person found by the court in such suit to have violated this lawor causing the same to be violated, when made a party defendant to such suit.
(d) This section shall not be construed to restrict the construction orreconstruction of highways, or the construction or reconstruction of theright-of-way of any company subject to the Commonwealth CorporationCommission, or the maintenance thereof in either case, provided the channelthereafter continues to permit a flow of water in such stream at least aslarge as that prevailing theretofore, provided that if the channel above thepoint of such work be widened or deepened subsequently then such company maybe required by the circuit court of the county on petition of any interestedperson to change its right-of-way where practicable so as to permit theincreased flow of water.
(Code 1950, § 62-190; 1960, c. 257; 1968, c. 169.)
§ 62.1-194.3. Obstructing tributaries of Big Sandy River; dumping refuse,etc., into Big Sandy River or its tributaries.
(a) If any person place any dam or other obstruction in any tributary of BigSandy River so as to prevent the free passage of timber, or any raft or boat,he shall be fined not less than $50 nor more than $500; and, upon convictionthereof, the court or judge of the county court shall order the dam or otherobstruction to be removed at his expense.
(b) It shall also be unlawful for any person to dump, place or put, or causeto be dumped, placed, or put into, upon the banks of or into the channels ofBig Sandy River or any of its tributaries, any dirt, stone, coal, slate,cinders, mine refuse, trees, timber, logs, garbage or any other material orsubstance so as to in anywise narrow, fill or restrict or partially narrow,fill or restrict the channels of said streams or impede the natural flow ofthe waters of said river or any of its tributaries or dump, place or put, orcause to be dumped, placed or put any dirt, stone, coal, slate, cinders, minerefuse, trees, timber, logs, garbage or any other material, or substancewhere the same does by natural rainfall or flow of water become washed orotherwise carried into, upon the banks of, or into the channels of, suchriver or any of its tributaries so as to in anywise narrow, fill or restrictor partially narrow, fill or restrict the channels of any of said streams orimpede the natural flow of the waters thereof. Any person who violates anyprovision of this law shall be guilty of a misdemeanor and upon conviction bepunished by a fine of not less than $100 nor more than $500 or by confinementin jail not more than twelve months or both such fine and imprisonment. Eachday that any of said materials or substances so dumped, placed or put, orcaused to be dumped, placed or put into or so allowed to be washed orotherwise so carried into, upon the banks of or into the channels of, saidstreams shall constitute a separate offense and be punished as such.
(c) In addition to the foregoing penalties for violation of this law, thejudge of the circuit court of the county wherein any such violation occurs,whether there be a criminal conviction therefor or not shall, upon a bill inequity, filed by the attorney for the Commonwealth of such county or by anyperson whose property is damaged or whose property is threatened with damagefrom any such violation, award an injunction enjoining any violation of thislaw by any person found by the court in such suit to have violated this lawor causing the same to be violated, when made a party defendant to such suit.
(d) This section shall not be construed to restrict the construction orreconstruction of highways, or the construction or reconstruction of theright-of-way of any company subject to the Commonwealth CorporationCommission, or the maintenance thereof in either case, provided the channelthereafter continues to permit a flow of water in such stream at least aslarge as that prevailing theretofore, provided that if the channel above thepoint of such work be widened or deepened subsequently then such company maybe required by the circuit court of the county on petition of any interestedperson to change its right-of-way where practicable so as to permit theincreased flow of water.
(Code 1950, § 62-190; 1960, c. 257; 1968, c. 169.)
