A. Any person who violates any provision of this chapter, or who fails,neglects or refuses to comply with any order of the Board pertaining toground water, or order of a court, issued as herein provided, shall besubject to a civil penalty not to exceed $25,000 for each violation withinthe discretion of the court. Each day of violation of each requirement shallconstitute a separate offense.
Such civil penalties may, in the discretion of the court assessing them, bedirected to be paid into the treasury of the county, city, or town in whichthe violation occurred to be used for the purpose of abating environmentalpollution therein in such manner as the court may, by order, direct, exceptthat where the person in violation is such county, city or town itself, orits agent, the court shall direct such penalty to be paid to the StateTreasurer for deposit into the Virginia Environmental Emergency Response Fundpursuant to Chapter 25 of Title 10.1.
With the consent of any person in violation of this chapter, the Board mayprovide, in an order issued by the Board against the person, for the paymentof civil charges. These charges shall be in lieu of the civil penaltiesreferred to above. Such civil charges shall be deposited by the StateTreasurer into the Virginia Environmental Emergency Response Fund.
B. Any person willfully or negligently violating any provision of thischapter, any regulation or order of the Board pertaining to ground water, anycondition of a ground water withdrawal permit or any order of a court shallbe guilty of a misdemeanor punishable by confinement in jail for not morethan twelve months and a fine of not less than $2,500 nor more than $25,000,either or both. Any person who knowingly violates any provision of thischapter, any regulation or order of the Board pertaining to ground water, anycondition of a ground water withdrawal permit or any order of a court issuedas herein provided, or who knowingly makes any false statement in any formrequired to be submitted under this chapter shall be guilty of a felonypunishable by a term of imprisonment of not less than one year nor more thanthree years, or in the discretion of the jury or the court trying the casewithout a jury, confinement in jail for not more than twelve months and afine of not less than $5,000 nor more than $50,000 for each violation. Anydefendant that is not an individual shall, upon conviction of a violationunder this subsection, be sentenced to pay a fine of not less than $10,000.Each day of violation of each requirement shall constitute a separate offense.
C. Any person who knowingly violates any provision of this chapter, 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 fifteen years and a fine of not more than $250,000, either or both. A defendant that is not an individual shall, upon conviction of a violationunder this subsection, be sentenced to pay a fine not exceeding the greaterof one million dollars or an amount that is three times the economic benefitrealized by the defendant as a result of the offense. The maximum penaltyshall be doubled with respect to both fine and imprisonment for anysubsequent conviction of the same person under this subsection.
D. Criminal prosecution under this section shall be commenced within threeyears of discovery of the offense, notwithstanding the limitations providedin any other statute.
A. Any person who violates any provision of this chapter, or who fails,neglects or refuses to comply with any order of the Board pertaining toground water, or order of a court, issued as herein provided, shall besubject to a civil penalty not to exceed $25,000 for each violation withinthe discretion of the court. Each day of violation of each requirement shallconstitute a separate offense.
Such civil penalties may, in the discretion of the court assessing them, bedirected to be paid into the treasury of the county, city, or town in whichthe violation occurred to be used for the purpose of abating environmentalpollution therein in such manner as the court may, by order, direct, exceptthat where the person in violation is such county, city or town itself, orits agent, the court shall direct such penalty to be paid to the StateTreasurer for deposit into the Virginia Environmental Emergency Response Fundpursuant to Chapter 25 of Title 10.1.
With the consent of any person in violation of this chapter, the Board mayprovide, in an order issued by the Board against the person, for the paymentof civil charges. These charges shall be in lieu of the civil penaltiesreferred to above. Such civil charges shall be deposited by the StateTreasurer into the Virginia Environmental Emergency Response Fund.
B. Any person willfully or negligently violating any provision of thischapter, any regulation or order of the Board pertaining to ground water, anycondition of a ground water withdrawal permit or any order of a court shallbe guilty of a misdemeanor punishable by confinement in jail for not morethan twelve months and a fine of not less than $2,500 nor more than $25,000,either or both. Any person who knowingly violates any provision of thischapter, any regulation or order of the Board pertaining to ground water, anycondition of a ground water withdrawal permit or any order of a court issuedas herein provided, or who knowingly makes any false statement in any formrequired to be submitted under this chapter shall be guilty of a felonypunishable by a term of imprisonment of not less than one year nor more thanthree years, or in the discretion of the jury or the court trying the casewithout a jury, confinement in jail for not more than twelve months and afine of not less than $5,000 nor more than $50,000 for each violation. Anydefendant that is not an individual shall, upon conviction of a violationunder this subsection, be sentenced to pay a fine of not less than $10,000.Each day of violation of each requirement shall constitute a separate offense.
C. Any person who knowingly violates any provision of this chapter, 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 fifteen years and a fine of not more than $250,000, either or both. A defendant that is not an individual shall, upon conviction of a violationunder this subsection, be sentenced to pay a fine not exceeding the greaterof one million dollars or an amount that is three times the economic benefitrealized by the defendant as a result of the offense. The maximum penaltyshall be doubled with respect to both fine and imprisonment for anysubsequent conviction of the same person under this subsection.
D. Criminal prosecution under this section shall be commenced within threeyears of discovery of the offense, notwithstanding the limitations providedin any other statute.
A. Any person who violates any provision of this chapter, or who fails,neglects or refuses to comply with any order of the Board pertaining toground water, or order of a court, issued as herein provided, shall besubject to a civil penalty not to exceed $25,000 for each violation withinthe discretion of the court. Each day of violation of each requirement shallconstitute a separate offense.
Such civil penalties may, in the discretion of the court assessing them, bedirected to be paid into the treasury of the county, city, or town in whichthe violation occurred to be used for the purpose of abating environmentalpollution therein in such manner as the court may, by order, direct, exceptthat where the person in violation is such county, city or town itself, orits agent, the court shall direct such penalty to be paid to the StateTreasurer for deposit into the Virginia Environmental Emergency Response Fundpursuant to Chapter 25 of Title 10.1.
With the consent of any person in violation of this chapter, the Board mayprovide, in an order issued by the Board against the person, for the paymentof civil charges. These charges shall be in lieu of the civil penaltiesreferred to above. Such civil charges shall be deposited by the StateTreasurer into the Virginia Environmental Emergency Response Fund.
B. Any person willfully or negligently violating any provision of thischapter, any regulation or order of the Board pertaining to ground water, anycondition of a ground water withdrawal permit or any order of a court shallbe guilty of a misdemeanor punishable by confinement in jail for not morethan twelve months and a fine of not less than $2,500 nor more than $25,000,either or both. Any person who knowingly violates any provision of thischapter, any regulation or order of the Board pertaining to ground water, anycondition of a ground water withdrawal permit or any order of a court issuedas herein provided, or who knowingly makes any false statement in any formrequired to be submitted under this chapter shall be guilty of a felonypunishable by a term of imprisonment of not less than one year nor more thanthree years, or in the discretion of the jury or the court trying the casewithout a jury, confinement in jail for not more than twelve months and afine of not less than $5,000 nor more than $50,000 for each violation. Anydefendant that is not an individual shall, upon conviction of a violationunder this subsection, be sentenced to pay a fine of not less than $10,000.Each day of violation of each requirement shall constitute a separate offense.
C. Any person who knowingly violates any provision of this chapter, 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 fifteen years and a fine of not more than $250,000, either or both. A defendant that is not an individual shall, upon conviction of a violationunder this subsection, be sentenced to pay a fine not exceeding the greaterof one million dollars or an amount that is three times the economic benefitrealized by the defendant as a result of the offense. The maximum penaltyshall be doubled with respect to both fine and imprisonment for anysubsequent conviction of the same person under this subsection.
D. Criminal prosecution under this section shall be commenced within threeyears of discovery of the offense, notwithstanding the limitations providedin any other statute.
