(a) Any person who violates any provision of this chapter, or who fails,neglects, or refuses to comply with any order of the Board, or order of acourt, issued as herein provided, shall be subject to a civil penalty not toexceed $32,500 for each violation within the discretion of the court. Eachday of violation of each requirement shall constitute a separate offense.Such civil penalties shall be paid into the state treasury and deposited bythe State Treasurer into the Virginia Environmental Emergency Response Fundpursuant to Chapter 25 of Title 10.1, excluding penalties assessed forviolations of Article 9 (§ 62.1-44.34:8 et seq.) or 10 (§ 62.1-44.34:10 etseq.) of Chapter 3.1 of Title 62.1, or a regulation, administrative orjudicial order, or term or condition of approval relating to or issued underthose articles.
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 owner in violation is such county, city or town itself, or itsagent, the court shall direct such penalty to be paid into the state treasuryand deposited by the State Treasurer into the Virginia EnvironmentalEmergency Response Fund pursuant to Chapter 25 of Title 10.1, excludingpenalties assessed for violations of Article 9 or 10 of Chapter 3.1 of Title62.1, or a regulation, administrative or judicial order, or term or conditionof approval relating to or issued under those articles.
In the event that a county, city, or town, or its agent, is the owner, suchcounty, city, or town, or its agent, may initiate a civil action against anyuser or users of a waste water treatment facility to recover that portion ofany civil penalty imposed against the owner proximately resulting from theact or acts of such user or users in violation of any applicable federal,state, or local requirements.
(b) Any person who willfully or negligently violates any provision of thischapter, any regulation or order of the Board, any condition of a certificateor any order of a court shall be guilty of a misdemeanor punishable byconfinement in jail for not more than 12 months and a fine of not less than$2,500 nor more than $32,500, either or both. Any person who knowinglyviolates any provision of this chapter, any regulation or order of the Board,any condition of a certificate or any order of a court issued as hereinprovided, or who knowingly makes any false statement in any form required tobe submitted under this chapter or knowingly renders inaccurate anymonitoring device or method required to be maintained under this chapter,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 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 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) Criminal prosecution under this section shall be commenced within threeyears of discovery of the offense, notwithstanding the limitations providedin any other statute.
(Code 1950, § 62.1-44; 1968, c. 659; 1970, c. 638; 1974, c. 237; 1977, c.263; 1980, c. 378; 1981, cc. 582, 596; 1989, c. 627; 1990, cc. 13, 717; 1991,c. 718; 2005, c. 706.)
(a) Any person who violates any provision of this chapter, or who fails,neglects, or refuses to comply with any order of the Board, or order of acourt, issued as herein provided, shall be subject to a civil penalty not toexceed $32,500 for each violation within the discretion of the court. Eachday of violation of each requirement shall constitute a separate offense.Such civil penalties shall be paid into the state treasury and deposited bythe State Treasurer into the Virginia Environmental Emergency Response Fundpursuant to Chapter 25 of Title 10.1, excluding penalties assessed forviolations of Article 9 (§ 62.1-44.34:8 et seq.) or 10 (§ 62.1-44.34:10 etseq.) of Chapter 3.1 of Title 62.1, or a regulation, administrative orjudicial order, or term or condition of approval relating to or issued underthose articles.
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 owner in violation is such county, city or town itself, or itsagent, the court shall direct such penalty to be paid into the state treasuryand deposited by the State Treasurer into the Virginia EnvironmentalEmergency Response Fund pursuant to Chapter 25 of Title 10.1, excludingpenalties assessed for violations of Article 9 or 10 of Chapter 3.1 of Title62.1, or a regulation, administrative or judicial order, or term or conditionof approval relating to or issued under those articles.
In the event that a county, city, or town, or its agent, is the owner, suchcounty, city, or town, or its agent, may initiate a civil action against anyuser or users of a waste water treatment facility to recover that portion ofany civil penalty imposed against the owner proximately resulting from theact or acts of such user or users in violation of any applicable federal,state, or local requirements.
(b) Any person who willfully or negligently violates any provision of thischapter, any regulation or order of the Board, any condition of a certificateor any order of a court shall be guilty of a misdemeanor punishable byconfinement in jail for not more than 12 months and a fine of not less than$2,500 nor more than $32,500, either or both. Any person who knowinglyviolates any provision of this chapter, any regulation or order of the Board,any condition of a certificate or any order of a court issued as hereinprovided, or who knowingly makes any false statement in any form required tobe submitted under this chapter or knowingly renders inaccurate anymonitoring device or method required to be maintained under this chapter,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 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 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) Criminal prosecution under this section shall be commenced within threeyears of discovery of the offense, notwithstanding the limitations providedin any other statute.
(Code 1950, § 62.1-44; 1968, c. 659; 1970, c. 638; 1974, c. 237; 1977, c.263; 1980, c. 378; 1981, cc. 582, 596; 1989, c. 627; 1990, cc. 13, 717; 1991,c. 718; 2005, c. 706.)
(a) Any person who violates any provision of this chapter, or who fails,neglects, or refuses to comply with any order of the Board, or order of acourt, issued as herein provided, shall be subject to a civil penalty not toexceed $32,500 for each violation within the discretion of the court. Eachday of violation of each requirement shall constitute a separate offense.Such civil penalties shall be paid into the state treasury and deposited bythe State Treasurer into the Virginia Environmental Emergency Response Fundpursuant to Chapter 25 of Title 10.1, excluding penalties assessed forviolations of Article 9 (§ 62.1-44.34:8 et seq.) or 10 (§ 62.1-44.34:10 etseq.) of Chapter 3.1 of Title 62.1, or a regulation, administrative orjudicial order, or term or condition of approval relating to or issued underthose articles.
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 owner in violation is such county, city or town itself, or itsagent, the court shall direct such penalty to be paid into the state treasuryand deposited by the State Treasurer into the Virginia EnvironmentalEmergency Response Fund pursuant to Chapter 25 of Title 10.1, excludingpenalties assessed for violations of Article 9 or 10 of Chapter 3.1 of Title62.1, or a regulation, administrative or judicial order, or term or conditionof approval relating to or issued under those articles.
In the event that a county, city, or town, or its agent, is the owner, suchcounty, city, or town, or its agent, may initiate a civil action against anyuser or users of a waste water treatment facility to recover that portion ofany civil penalty imposed against the owner proximately resulting from theact or acts of such user or users in violation of any applicable federal,state, or local requirements.
(b) Any person who willfully or negligently violates any provision of thischapter, any regulation or order of the Board, any condition of a certificateor any order of a court shall be guilty of a misdemeanor punishable byconfinement in jail for not more than 12 months and a fine of not less than$2,500 nor more than $32,500, either or both. Any person who knowinglyviolates any provision of this chapter, any regulation or order of the Board,any condition of a certificate or any order of a court issued as hereinprovided, or who knowingly makes any false statement in any form required tobe submitted under this chapter or knowingly renders inaccurate anymonitoring device or method required to be maintained under this chapter,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 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 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) Criminal prosecution under this section shall be commenced within threeyears of discovery of the offense, notwithstanding the limitations providedin any other statute.
(Code 1950, § 62.1-44; 1968, c. 659; 1970, c. 638; 1974, c. 237; 1977, c.263; 1980, c. 378; 1981, cc. 582, 596; 1989, c. 627; 1990, cc. 13, 717; 1991,c. 718; 2005, c. 706.)
