A. Upon a finding of a violation of this article or a regulation or term orcondition of approval issued pursuant to this article, the Board isauthorized to issue a special order requiring any person to cease and desistfrom causing or permitting such violation or requiring any person to complywith any such provision, regulation or term or condition of approval. Suchspecial orders shall be issued only after notice and an opportunity forhearing except that, if the Board finds that any discharge in violation ofthis article poses a serious threat to (i) the public health, safety orwelfare or the health of animals, fish, botanic or aquatic life; (ii) apublic water supply; or (iii) recreational, commercial, industrial,agricultural or other reasonable uses, the Board may issue, without advancenotice or hearing, an emergency special order requiring the operator of anyfacility, vehicle or vessel to cease such discharge immediately, to implementany applicable contingency plan and to effect containment and cleanup. Suchemergency special order may also require the operator of a facility to modifyor cease regular operation of the facility, or any portion thereof, until theBoard determines that continuing regular operation of the facility, or suchportion thereof, will not pose a substantial threat of additional orcontinued discharges. The Board shall affirm, modify, amend or cancel anysuch emergency order after providing notice and opportunity for hearing tothe operator charged with the violation. The notice of the hearing and theemergency order shall be issued at the same time. If an operator who has beenissued such a special order or an emergency special order is not complyingwith the terms thereof, the Board may proceed in accordance with subsection Bof this section, and where the order is based on a finding of an imminent andsubstantial danger, the court shall issue an injunction compelling compliancewith the emergency special order pending a hearing by the Board. If anemergency special order requires modification or cessation of operations, theBoard shall provide an opportunity for a hearing within 48 hours of theissuance of the injunction.
B. In the event of a violation of this article or a regulation,administrative or judicial order, or term or condition of approval issuedunder this article, or in the event of failure to comply with a special orderissued by the Board pursuant to this section, the Board is authorized toproceed by civil action to obtain an injunction of such violation, to obtainsuch affirmative equitable relief as is appropriate and to recover all costs,damages and civil penalties resulting from such violation or failure tocomply. The Board shall be entitled to an award of reasonable attorneys' feesand costs in any action in which it is a prevailing party.
C. Any person who violates or causes or permits to be violated a provision ofthis article, or a regulation, administrative or judicial order, or term orcondition of approval issued under this article, shall be subject to a civilpenalty for each such violation as follows:
1. For failing to obtain approval of an oil discharge contingency plan asrequired by § 62.1-44.34:15, not less than $1,000 nor more than $50,000 forthe initial violation, and $5,000 per day for each day of violationthereafter;
2. For failing to maintain evidence of financial responsibility as requiredby § 62.1-44.34:16, not less than $1,000 nor more than $100,000 for theinitial violation, and $5,000 per day for each day of violation thereafter;
3. For discharging or causing or permitting a discharge of oil into or uponstate waters, or owning or operating any facility, vessel or vehicle fromwhich such discharge originates in violation of § 62.1-44.34:18, up to $100per gallon of oil discharged;
4. For failing to cooperate in containment and cleanup of a discharge asrequired by § 62.1-44.34:18 or for failing to report a discharge as requiredby § 62.1-44.34:19, not less than $1,000 nor more than $50,000 for theinitial violation, and $10,000 for each day of violation thereafter; and
5. For violating or causing or permitting to be violated any other provisionof this article, or a regulation, administrative or judicial order, or termor condition of approval issued under this article, up to $32,500 for eachviolation. Each day of violation of each requirement shall constitute aseparate offense.
D. Civil penalties may be assessed under this article either by a court in anaction brought by the Board pursuant to this section, as specified in §62.1-44.15, or with the consent of the person charged, in a special orderissued by the Board. All penalties shall be paid into the state treasury anddeposited by the State Treasurer into the Virginia Underground PetroleumStorage Tank Fund as established in § 62.1-44.34:11. In determining theamount of any penalty, consideration shall be given to the willfulness of theviolation, any history of noncompliance, the actions of the person inreporting, containing and cleaning up any discharge or threat of discharge,the damage or injury to state waters or the impairment of their beneficialuse, the cost of containment and cleanup, the nature and degree of injury toor interference with general health, welfare and property, and the availabletechnology for preventing, containing, reducing or eliminating the discharge.
E. Any person who knowingly violates, or causes or permits to be violated, aprovision of this article, or a regulation, administrative or judicial order,or term or condition of approval issued under this article shall be guilty ofa misdemeanor punishable by confinement in jail for not more than 12 monthsand a fine of not more than $100,000, either or both. Any person whoknowingly or willfully makes any false statement, representation orcertification in any application, record, report, plan or other documentfiled or required to be maintained by this article or by administrative orjudicial order issued under this article shall be guilty of a felonypunishable by a term of imprisonment of not less than one nor more than threeyears and a fine of not more than $100,000, either or both. In the case of adischarge of oil into or upon state waters:
1. Any person who negligently discharges or negligently causes or permitssuch discharge shall be guilty of a misdemeanor punishable by confinement injail for not more than 12 months and a fine of not more than $50,000, eitheror both.
2. Any person who knowingly and willfully discharges or knowingly andwillfully causes or permits such discharge shall be guilty of a felonypunishable by a term of imprisonment of not less than one year nor more than10 years and a fine of not more than $100,000, either or both.
F. Each day of violation of each requirement shall constitute a separateoffense. In the event the violation of this article follows a prior felonyconviction under subdivision E 2 of this section, such violation shallconstitute a felony and shall be punishable by a term of imprisonment of notless than two years nor more than 10 years and a fine of not more than$200,000, either or both.
G. Upon conviction for a violation of any provision of this article, or aregulation, administrative or judicial order, or term or condition ofapproval issued under this article, a defendant who is not an individualshall be sentenced to pay a fine not exceeding the greater of:
1. $1 million; or
2. An amount that is three times the economic benefit, if any, realized bythe defendant as a result of the offense.
H. Any tank vessel entering upon state waters which fails to provide evidenceof financial responsibility required by § 62.1-44.34:16, and any vessel fromwhich oil is discharged into or upon state waters, may be detained and heldas security for payment to the Commonwealth of any damages or penaltiesassessed under this section. Such damages and penalties shall constitute alien on the vessel and the lien shall secure all costs of containment andcleanup, damages, fines and penalties, as the case may be, for which theoperator may be liable. The vessel shall be released upon posting of a bondwith surety in the maximum amount of such damages or penalties.
A. Upon a finding of a violation of this article or a regulation or term orcondition of approval issued pursuant to this article, the Board isauthorized to issue a special order requiring any person to cease and desistfrom causing or permitting such violation or requiring any person to complywith any such provision, regulation or term or condition of approval. Suchspecial orders shall be issued only after notice and an opportunity forhearing except that, if the Board finds that any discharge in violation ofthis article poses a serious threat to (i) the public health, safety orwelfare or the health of animals, fish, botanic or aquatic life; (ii) apublic water supply; or (iii) recreational, commercial, industrial,agricultural or other reasonable uses, the Board may issue, without advancenotice or hearing, an emergency special order requiring the operator of anyfacility, vehicle or vessel to cease such discharge immediately, to implementany applicable contingency plan and to effect containment and cleanup. Suchemergency special order may also require the operator of a facility to modifyor cease regular operation of the facility, or any portion thereof, until theBoard determines that continuing regular operation of the facility, or suchportion thereof, will not pose a substantial threat of additional orcontinued discharges. The Board shall affirm, modify, amend or cancel anysuch emergency order after providing notice and opportunity for hearing tothe operator charged with the violation. The notice of the hearing and theemergency order shall be issued at the same time. If an operator who has beenissued such a special order or an emergency special order is not complyingwith the terms thereof, the Board may proceed in accordance with subsection Bof this section, and where the order is based on a finding of an imminent andsubstantial danger, the court shall issue an injunction compelling compliancewith the emergency special order pending a hearing by the Board. If anemergency special order requires modification or cessation of operations, theBoard shall provide an opportunity for a hearing within 48 hours of theissuance of the injunction.
B. In the event of a violation of this article or a regulation,administrative or judicial order, or term or condition of approval issuedunder this article, or in the event of failure to comply with a special orderissued by the Board pursuant to this section, the Board is authorized toproceed by civil action to obtain an injunction of such violation, to obtainsuch affirmative equitable relief as is appropriate and to recover all costs,damages and civil penalties resulting from such violation or failure tocomply. The Board shall be entitled to an award of reasonable attorneys' feesand costs in any action in which it is a prevailing party.
C. Any person who violates or causes or permits to be violated a provision ofthis article, or a regulation, administrative or judicial order, or term orcondition of approval issued under this article, shall be subject to a civilpenalty for each such violation as follows:
1. For failing to obtain approval of an oil discharge contingency plan asrequired by § 62.1-44.34:15, not less than $1,000 nor more than $50,000 forthe initial violation, and $5,000 per day for each day of violationthereafter;
2. For failing to maintain evidence of financial responsibility as requiredby § 62.1-44.34:16, not less than $1,000 nor more than $100,000 for theinitial violation, and $5,000 per day for each day of violation thereafter;
3. For discharging or causing or permitting a discharge of oil into or uponstate waters, or owning or operating any facility, vessel or vehicle fromwhich such discharge originates in violation of § 62.1-44.34:18, up to $100per gallon of oil discharged;
4. For failing to cooperate in containment and cleanup of a discharge asrequired by § 62.1-44.34:18 or for failing to report a discharge as requiredby § 62.1-44.34:19, not less than $1,000 nor more than $50,000 for theinitial violation, and $10,000 for each day of violation thereafter; and
5. For violating or causing or permitting to be violated any other provisionof this article, or a regulation, administrative or judicial order, or termor condition of approval issued under this article, up to $32,500 for eachviolation. Each day of violation of each requirement shall constitute aseparate offense.
D. Civil penalties may be assessed under this article either by a court in anaction brought by the Board pursuant to this section, as specified in §62.1-44.15, or with the consent of the person charged, in a special orderissued by the Board. All penalties shall be paid into the state treasury anddeposited by the State Treasurer into the Virginia Underground PetroleumStorage Tank Fund as established in § 62.1-44.34:11. In determining theamount of any penalty, consideration shall be given to the willfulness of theviolation, any history of noncompliance, the actions of the person inreporting, containing and cleaning up any discharge or threat of discharge,the damage or injury to state waters or the impairment of their beneficialuse, the cost of containment and cleanup, the nature and degree of injury toor interference with general health, welfare and property, and the availabletechnology for preventing, containing, reducing or eliminating the discharge.
E. Any person who knowingly violates, or causes or permits to be violated, aprovision of this article, or a regulation, administrative or judicial order,or term or condition of approval issued under this article shall be guilty ofa misdemeanor punishable by confinement in jail for not more than 12 monthsand a fine of not more than $100,000, either or both. Any person whoknowingly or willfully makes any false statement, representation orcertification in any application, record, report, plan or other documentfiled or required to be maintained by this article or by administrative orjudicial order issued under this article shall be guilty of a felonypunishable by a term of imprisonment of not less than one nor more than threeyears and a fine of not more than $100,000, either or both. In the case of adischarge of oil into or upon state waters:
1. Any person who negligently discharges or negligently causes or permitssuch discharge shall be guilty of a misdemeanor punishable by confinement injail for not more than 12 months and a fine of not more than $50,000, eitheror both.
2. Any person who knowingly and willfully discharges or knowingly andwillfully causes or permits such discharge shall be guilty of a felonypunishable by a term of imprisonment of not less than one year nor more than10 years and a fine of not more than $100,000, either or both.
F. Each day of violation of each requirement shall constitute a separateoffense. In the event the violation of this article follows a prior felonyconviction under subdivision E 2 of this section, such violation shallconstitute a felony and shall be punishable by a term of imprisonment of notless than two years nor more than 10 years and a fine of not more than$200,000, either or both.
G. Upon conviction for a violation of any provision of this article, or aregulation, administrative or judicial order, or term or condition ofapproval issued under this article, a defendant who is not an individualshall be sentenced to pay a fine not exceeding the greater of:
1. $1 million; or
2. An amount that is three times the economic benefit, if any, realized bythe defendant as a result of the offense.
H. Any tank vessel entering upon state waters which fails to provide evidenceof financial responsibility required by § 62.1-44.34:16, and any vessel fromwhich oil is discharged into or upon state waters, may be detained and heldas security for payment to the Commonwealth of any damages or penaltiesassessed under this section. Such damages and penalties shall constitute alien on the vessel and the lien shall secure all costs of containment andcleanup, damages, fines and penalties, as the case may be, for which theoperator may be liable. The vessel shall be released upon posting of a bondwith surety in the maximum amount of such damages or penalties.
A. Upon a finding of a violation of this article or a regulation or term orcondition of approval issued pursuant to this article, the Board isauthorized to issue a special order requiring any person to cease and desistfrom causing or permitting such violation or requiring any person to complywith any such provision, regulation or term or condition of approval. Suchspecial orders shall be issued only after notice and an opportunity forhearing except that, if the Board finds that any discharge in violation ofthis article poses a serious threat to (i) the public health, safety orwelfare or the health of animals, fish, botanic or aquatic life; (ii) apublic water supply; or (iii) recreational, commercial, industrial,agricultural or other reasonable uses, the Board may issue, without advancenotice or hearing, an emergency special order requiring the operator of anyfacility, vehicle or vessel to cease such discharge immediately, to implementany applicable contingency plan and to effect containment and cleanup. Suchemergency special order may also require the operator of a facility to modifyor cease regular operation of the facility, or any portion thereof, until theBoard determines that continuing regular operation of the facility, or suchportion thereof, will not pose a substantial threat of additional orcontinued discharges. The Board shall affirm, modify, amend or cancel anysuch emergency order after providing notice and opportunity for hearing tothe operator charged with the violation. The notice of the hearing and theemergency order shall be issued at the same time. If an operator who has beenissued such a special order or an emergency special order is not complyingwith the terms thereof, the Board may proceed in accordance with subsection Bof this section, and where the order is based on a finding of an imminent andsubstantial danger, the court shall issue an injunction compelling compliancewith the emergency special order pending a hearing by the Board. If anemergency special order requires modification or cessation of operations, theBoard shall provide an opportunity for a hearing within 48 hours of theissuance of the injunction.
B. In the event of a violation of this article or a regulation,administrative or judicial order, or term or condition of approval issuedunder this article, or in the event of failure to comply with a special orderissued by the Board pursuant to this section, the Board is authorized toproceed by civil action to obtain an injunction of such violation, to obtainsuch affirmative equitable relief as is appropriate and to recover all costs,damages and civil penalties resulting from such violation or failure tocomply. The Board shall be entitled to an award of reasonable attorneys' feesand costs in any action in which it is a prevailing party.
C. Any person who violates or causes or permits to be violated a provision ofthis article, or a regulation, administrative or judicial order, or term orcondition of approval issued under this article, shall be subject to a civilpenalty for each such violation as follows:
1. For failing to obtain approval of an oil discharge contingency plan asrequired by § 62.1-44.34:15, not less than $1,000 nor more than $50,000 forthe initial violation, and $5,000 per day for each day of violationthereafter;
2. For failing to maintain evidence of financial responsibility as requiredby § 62.1-44.34:16, not less than $1,000 nor more than $100,000 for theinitial violation, and $5,000 per day for each day of violation thereafter;
3. For discharging or causing or permitting a discharge of oil into or uponstate waters, or owning or operating any facility, vessel or vehicle fromwhich such discharge originates in violation of § 62.1-44.34:18, up to $100per gallon of oil discharged;
4. For failing to cooperate in containment and cleanup of a discharge asrequired by § 62.1-44.34:18 or for failing to report a discharge as requiredby § 62.1-44.34:19, not less than $1,000 nor more than $50,000 for theinitial violation, and $10,000 for each day of violation thereafter; and
5. For violating or causing or permitting to be violated any other provisionof this article, or a regulation, administrative or judicial order, or termor condition of approval issued under this article, up to $32,500 for eachviolation. Each day of violation of each requirement shall constitute aseparate offense.
D. Civil penalties may be assessed under this article either by a court in anaction brought by the Board pursuant to this section, as specified in §62.1-44.15, or with the consent of the person charged, in a special orderissued by the Board. All penalties shall be paid into the state treasury anddeposited by the State Treasurer into the Virginia Underground PetroleumStorage Tank Fund as established in § 62.1-44.34:11. In determining theamount of any penalty, consideration shall be given to the willfulness of theviolation, any history of noncompliance, the actions of the person inreporting, containing and cleaning up any discharge or threat of discharge,the damage or injury to state waters or the impairment of their beneficialuse, the cost of containment and cleanup, the nature and degree of injury toor interference with general health, welfare and property, and the availabletechnology for preventing, containing, reducing or eliminating the discharge.
E. Any person who knowingly violates, or causes or permits to be violated, aprovision of this article, or a regulation, administrative or judicial order,or term or condition of approval issued under this article shall be guilty ofa misdemeanor punishable by confinement in jail for not more than 12 monthsand a fine of not more than $100,000, either or both. Any person whoknowingly or willfully makes any false statement, representation orcertification in any application, record, report, plan or other documentfiled or required to be maintained by this article or by administrative orjudicial order issued under this article shall be guilty of a felonypunishable by a term of imprisonment of not less than one nor more than threeyears and a fine of not more than $100,000, either or both. In the case of adischarge of oil into or upon state waters:
1. Any person who negligently discharges or negligently causes or permitssuch discharge shall be guilty of a misdemeanor punishable by confinement injail for not more than 12 months and a fine of not more than $50,000, eitheror both.
2. Any person who knowingly and willfully discharges or knowingly andwillfully causes or permits such discharge shall be guilty of a felonypunishable by a term of imprisonment of not less than one year nor more than10 years and a fine of not more than $100,000, either or both.
F. Each day of violation of each requirement shall constitute a separateoffense. In the event the violation of this article follows a prior felonyconviction under subdivision E 2 of this section, such violation shallconstitute a felony and shall be punishable by a term of imprisonment of notless than two years nor more than 10 years and a fine of not more than$200,000, either or both.
G. Upon conviction for a violation of any provision of this article, or aregulation, administrative or judicial order, or term or condition ofapproval issued under this article, a defendant who is not an individualshall be sentenced to pay a fine not exceeding the greater of:
1. $1 million; or
2. An amount that is three times the economic benefit, if any, realized bythe defendant as a result of the offense.
H. Any tank vessel entering upon state waters which fails to provide evidenceof financial responsibility required by § 62.1-44.34:16, and any vessel fromwhich oil is discharged into or upon state waters, may be detained and heldas security for payment to the Commonwealth of any damages or penaltiesassessed under this section. Such damages and penalties shall constitute alien on the vessel and the lien shall secure all costs of containment andcleanup, damages, fines and penalties, as the case may be, for which theoperator may be liable. The vessel shall be released upon posting of a bondwith surety in the maximum amount of such damages or penalties.
