{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/10.1-1316.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/10.1-1316.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/10.1-1316.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/10.1-1316.html"}],"law_id":83968,"edition_id":1,"section_id":83968,"structure_id":12861,"section_number":"10.1-1316","catch_line":"Enforcement and civil penalties","history":"1966, c. 497, \u00a7 10-17.23; 1976, c. 622; 1978, c. 475; 1980, c. 378; 1988, c. 891; 1991, c. 718; 1993, c. 13; 2005, c. 706; 2022, c. 356.","full_text":"A\n\nAny owner violating or failing, neglecting or refusing to obey any provision of this chapter, any Board regulation or Department order, or any permit condition may be compelled to comply by injunction, mandamus or other appropriate remedy.B\n\nWithout limiting the remedies which may be obtained under subsection A, any owner violating or failing, neglecting or refusing to obey any Board regulation or Department order, any provision of this chapter, or any permit condition shall be subject, in the discretion of the court, to a civil penalty not to exceed $32,500 for each violation. Each day of violation shall constitute a separate offense. In determining the amount of any civil penalty to be assessed pursuant to this subsection, the court shall consider, in addition to such other factors as it may deem appropriate, the size of the owner’s business, the severity of the economic impact of the penalty on the business, and the seriousness of the violation. Such civil penalties shall be paid into the state treasury and deposited by the State Treasurer into the Virginia Environmental Emergency Response Fund pursuant to Chapter 25 (§ 10.1-2500 et seq.) of this title. Such civil penalties may, in the discretion of the court assessing them, be directed to be paid into the treasury of the county, city or town in which the violation occurred, to be used to abate environmental pollution in such manner as the court may, by order, direct, except that where the owner in violation is the county, city or town itself, or its agent, the court shall direct the penalty to be paid into the state treasury and deposited by the State Treasurer into the Virginia Environmental Emergency Response Fund pursuant to Chapter 25 of this title.C\n\nWith the consent of an owner who has violated or failed, neglected or refused to obey any Board regulation or Department order, or any provision of this chapter, or any permit condition, the Department may provide, in any order issued by the Department against the owner, for the payment of civil charges in specific sums, not to exceed the limit of subsection B. Such civil charges shall be in lieu of any civil penalty which could be imposed under subsection B. Such civil charges shall be paid into the state treasury and deposited by the State Treasurer into the Virginia Environmental Emergency Response Fund pursuant to Chapter 25 of this title.D\n\nThe Department shall develop and provide an opportunity for public comment on guidelines and procedures that contain specific criteria for calculating the appropriate penalty for each violation based upon the severity of the violations, the extent of any potential or actual environmental harm, the compliance history of the facility or person, any economic benefit realized from the noncompliance, and the ability of the person to pay the penalty.","order_by":null,"text":{"0":{"id":300917,"text":"Any owner violating or failing, neglecting or refusing to obey any provision of this chapter, any Board regulation or Department order, or any permit condition may be compelled to comply by injunction, mandamus or other appropriate remedy.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":300918,"text":"Without limiting the remedies which may be obtained under subsection A, any owner violating or failing, neglecting or refusing to obey any Board regulation or Department order, any provision of this chapter, or any permit condition shall be subject, in the discretion of the court, to a civil penalty not to exceed $32,500 for each violation. Each day of violation shall constitute a separate offense. In determining the amount of any civil penalty to be assessed pursuant to this subsection, the court shall consider, in addition to such other factors as it may deem appropriate, the size of the owner’s business, the severity of the economic impact of the penalty on the business, and the seriousness of the violation. Such civil penalties shall be paid into the state treasury and deposited by the State Treasurer into the Virginia Environmental Emergency Response Fund pursuant to Chapter 25 (§ 10.1-2500 et seq.) of this title. Such civil penalties may, in the discretion of the court assessing them, be directed to be paid into the treasury of the county, city or town in which the violation occurred, to be used to abate environmental pollution in such manner as the court may, by order, direct, except that where the owner in violation is the county, city or town itself, or its agent, the court shall direct the penalty to be paid into the state treasury and deposited by the State Treasurer into the Virginia Environmental Emergency Response Fund pursuant to Chapter 25 of this title.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":300919,"text":"With the consent of an owner who has violated or failed, neglected or refused to obey any Board regulation or Department order, or any provision of this chapter, or any permit condition, the Department may provide, in any order issued by the Department against the owner, for the payment of civil charges in specific sums, not to exceed the limit of subsection B. Such civil charges shall be in lieu of any civil penalty which could be imposed under subsection B. Such civil charges shall be paid into the state treasury and deposited by the State Treasurer into the Virginia Environmental Emergency Response Fund pursuant to Chapter 25 of this title.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":300920,"text":"The Department shall develop and provide an opportunity for public comment on guidelines and procedures that contain specific criteria for calculating the appropriate penalty for each violation based upon the severity of the violations, the extent of any potential or actual environmental harm, the compliance history of the facility or person, any economic benefit realized from the noncompliance, and the ability of the person to pay the penalty.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"ancestry":[{"id":12861,"edition_id":1,"name":"General Provisions","identifier":"1","label":"article","depth":4,"order_by":1,"parent_id":12860,"metadata":{},"date_created":"2026-06-26 03:43:57","date_modified":"2026-06-26 03:43:57","permalink":{"id":145653,"object_type":"structure","relational_id":12861,"identifier":"1","token":"10.1\/II\/13\/1","url":"\/10.1\/II\/13\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12860,"edition_id":1,"name":"Air Pollution Control Board","identifier":"13","label":"chapter","depth":3,"order_by":1,"parent_id":12741,"metadata":{},"date_created":"2026-06-26 03:43:57","date_modified":"2026-06-26 03:43:57","permalink":{"id":145651,"object_type":"structure","relational_id":12860,"identifier":"13","token":"10.1\/II\/13","url":"\/10.1\/II\/13\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12741,"edition_id":1,"name":"Activities Administered by Other Entities","identifier":"II","label":"subtitle","depth":2,"order_by":1,"parent_id":12740,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":144833,"object_type":"structure","relational_id":12741,"identifier":"II","token":"10.1\/II","url":"\/10.1\/II\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12740,"edition_id":1,"name":"Conservation","identifier":"10.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":143313,"object_type":"structure","relational_id":12740,"identifier":"10.1","token":"10.1","url":"\/10.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":77830,"structure_id":12861,"section_number":"10.1-1300","catch_line":"Definitions","url":"\/10.1-1300\/","token":"10.1\/II\/13\/1\/10.1-1300","metadata":false},{"id":63039,"structure_id":12861,"section_number":"10.1-1300.1","catch_line":"Certified mail; subsequent mail or notices may be sent by regular mail","url":"\/10.1-1300.1\/","token":"10.1\/II\/13\/1\/10.1-1300.1","metadata":false},{"id":69548,"structure_id":12861,"section_number":"10.1-1301","catch_line":"State Air Pollution Control Board; membership; terms; vacancies","url":"\/10.1-1301\/","token":"10.1\/II\/13\/1\/10.1-1301","metadata":false},{"id":84212,"structure_id":12861,"section_number":"10.1-1302","catch_line":"Qualifications of members of Board","url":"\/10.1-1302\/","token":"10.1\/II\/13\/1\/10.1-1302","metadata":false},{"id":60558,"structure_id":12861,"section_number":"10.1-1303","catch_line":"Chairman of the Board; Executive Director; cooperation of state agencies","url":"\/10.1-1303\/","token":"10.1\/II\/13\/1\/10.1-1303","metadata":false},{"id":60398,"structure_id":12861,"section_number":"10.1-1304","catch_line":"Meetings of Board; quorum","url":"\/10.1-1304\/","token":"10.1\/II\/13\/1\/10.1-1304","metadata":false},{"id":82080,"structure_id":12861,"section_number":"10.1-1305","catch_line":"Records of proceedings of Board","url":"\/10.1-1305\/","token":"10.1\/II\/13\/1\/10.1-1305","metadata":false},{"id":82195,"structure_id":12861,"section_number":"10.1-1306","catch_line":"Inspections, investigations, etc","url":"\/10.1-1306\/","token":"10.1\/II\/13\/1\/10.1-1306","metadata":false},{"id":74498,"structure_id":12861,"section_number":"10.1-1307","catch_line":"Further powers and duties of Board and Department","url":"\/10.1-1307\/","token":"10.1\/II\/13\/1\/10.1-1307","metadata":false},{"id":56548,"structure_id":12861,"section_number":"10.1-1307.01","catch_line":"Further duties of Board and Department; localities particularly affected","url":"\/10.1-1307.01\/","token":"10.1\/II\/13\/1\/10.1-1307.01","metadata":false},{"id":80356,"structure_id":12861,"section_number":"10.1-1307.02","catch_line":"Permit for generation of electricity during ISO-declared emergency","url":"\/10.1-1307.02\/","token":"10.1\/II\/13\/1\/10.1-1307.02","metadata":false},{"id":78676,"structure_id":12861,"section_number":"10.1-1307.03","catch_line":"Requirements applicable to Outer Continental Shelf sources","url":"\/10.1-1307.03\/","token":"10.1\/II\/13\/1\/10.1-1307.03","metadata":false},{"id":77963,"structure_id":12861,"section_number":"10.1-1307.04","catch_line":"Greenhouse gas emissions inventory","url":"\/10.1-1307.04\/","token":"10.1\/II\/13\/1\/10.1-1307.04","metadata":false},{"id":77934,"structure_id":12861,"section_number":"10.1-1307.05","catch_line":"Low-emissions and zero-emissions vehicle standards","url":"\/10.1-1307.05\/","token":"10.1\/II\/13\/1\/10.1-1307.05","metadata":false},{"id":83663,"structure_id":12861,"section_number":"10.1-1307.1","catch_line":"Department continued; appointment of Director","url":"\/10.1-1307.1\/","token":"10.1\/II\/13\/1\/10.1-1307.1","metadata":false},{"id":80397,"structure_id":12861,"section_number":"10.1-1307.2","catch_line":"Powers and duties of the Executive Director","url":"\/10.1-1307.2\/","token":"10.1\/II\/13\/1\/10.1-1307.2","metadata":false},{"id":62436,"structure_id":12861,"section_number":"10.1-1307.3","catch_line":"Executive Director to enforce laws","url":"\/10.1-1307.3\/","token":"10.1\/II\/13\/1\/10.1-1307.3","metadata":false},{"id":57864,"structure_id":12861,"section_number":"10.1-1308","catch_line":"Regulations","url":"\/10.1-1308\/","token":"10.1\/II\/13\/1\/10.1-1308","metadata":false},{"id":76943,"structure_id":12861,"section_number":"10.1-1308.01","catch_line":"Qualified fumigation facilities","url":"\/10.1-1308.01\/","token":"10.1\/II\/13\/1\/10.1-1308.01","metadata":false},{"id":82671,"structure_id":12861,"section_number":"10.1-1308.1","catch_line":"Streamlined permitting process for qualified energy generators","url":"\/10.1-1308.1\/","token":"10.1\/II\/13\/1\/10.1-1308.1","metadata":false},{"id":73292,"structure_id":12861,"section_number":"10.1-1309","catch_line":"Issuance of special orders; civil penalties","url":"\/10.1-1309\/","token":"10.1\/II\/13\/1\/10.1-1309","metadata":false},{"id":84294,"structure_id":12861,"section_number":"10.1-1309.1","catch_line":"Special orders; penalties","url":"\/10.1-1309.1\/","token":"10.1\/II\/13\/1\/10.1-1309.1","metadata":false},{"id":86080,"structure_id":12861,"section_number":"10.1-1310","catch_line":"Decision of Department pursuant to hearing","url":"\/10.1-1310\/","token":"10.1\/II\/13\/1\/10.1-1310","metadata":false},{"id":70030,"structure_id":12861,"section_number":"10.1-1310.1","catch_line":"Notification of local government","url":"\/10.1-1310.1\/","token":"10.1\/II\/13\/1\/10.1-1310.1","metadata":false},{"id":58705,"structure_id":12861,"section_number":"10.1-1311","catch_line":"Penalties for noncompliance; judicial review","url":"\/10.1-1311\/","token":"10.1\/II\/13\/1\/10.1-1311","metadata":false},{"id":54355,"structure_id":12861,"section_number":"10.1-1312","catch_line":"Air pollution control districts","url":"\/10.1-1312\/","token":"10.1\/II\/13\/1\/10.1-1312","metadata":false},{"id":56750,"structure_id":12861,"section_number":"10.1-1313","catch_line":"State Advisory Board on Air Pollution","url":"\/10.1-1313\/","token":"10.1\/II\/13\/1\/10.1-1313","metadata":false},{"id":59788,"structure_id":12861,"section_number":"10.1-1314","catch_line":"Owners to furnish plans, specifications and information","url":"\/10.1-1314\/","token":"10.1\/II\/13\/1\/10.1-1314","metadata":false},{"id":78602,"structure_id":12861,"section_number":"10.1-1314.1","catch_line":"Protection of trade secrets","url":"\/10.1-1314.1\/","token":"10.1\/II\/13\/1\/10.1-1314.1","metadata":false},{"id":53996,"structure_id":12861,"section_number":"10.1-1315","catch_line":"Right of entry","url":"\/10.1-1315\/","token":"10.1\/II\/13\/1\/10.1-1315","metadata":false},{"id":83968,"structure_id":12861,"section_number":"10.1-1316","catch_line":"Enforcement and civil penalties","url":"\/10.1-1316\/","token":"10.1\/II\/13\/1\/10.1-1316","metadata":false},{"id":64048,"structure_id":12861,"section_number":"10.1-1316.1","catch_line":"Severe ozone nonattainment areas; 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use of moneys","url":"\/10.1-1322.1\/","token":"10.1\/II\/13\/1\/10.1-1322.1","metadata":false},{"id":57793,"structure_id":12861,"section_number":"10.1-1322.2","catch_line":"Preliminary program permit fees","url":"\/10.1-1322.2\/","token":"10.1\/II\/13\/1\/10.1-1322.2","metadata":false},{"id":67112,"structure_id":12861,"section_number":"10.1-1322.3","catch_line":"Emissions trading programs; emissions credits; Board to promulgate regulations","url":"\/10.1-1322.3\/","token":"10.1\/II\/13\/1\/10.1-1322.3","metadata":false},{"id":87077,"structure_id":12861,"section_number":"10.1-1322.4","catch_line":"Permit modifications for alternative fuels or raw materials","url":"\/10.1-1322.4\/","token":"10.1\/II\/13\/1\/10.1-1322.4","metadata":false},{"id":73730,"structure_id":12861,"section_number":"10.1-1322.5","catch_line":"Virginia Electric Vehicle Grant Fund and Program; report","url":"\/10.1-1322.5\/","token":"10.1\/II\/13\/1\/10.1-1322.5","metadata":false}],"previous_section":{"id":53996,"structure_id":12861,"section_number":"10.1-1315","catch_line":"Right of entry","url":"\/10.1-1315\/","token":"10.1\/II\/13\/1\/10.1-1315","metadata":false},"next_section":{"id":64048,"structure_id":12861,"section_number":"10.1-1316.1","catch_line":"Severe ozone nonattainment areas; fees","url":"\/10.1-1316.1\/","token":"10.1\/II\/13\/1\/10.1-1316.1","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/10.1-1316\/","history_text":"

This law was first created in 1966. The record of its establishment is cataloged in chapter 497 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1966 \u201cActs\u201d aren\u2019t available online. It has been modified 8 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1976, chapter 622; in 1978, chapter 475; in 1980, chapter 378; in 1988, chapter 891; in 1991, chapter 718; in 1993, chapter 13; in 2005, chapter 706<\/a>; in 2022, chapter 356<\/a>.<\/p>","references":[{"id":73292,"section_number":"10.1-1309","catch_line":"Issuance of special orders; civil penalties","order_by":null,"url":"\/10.1-1309\/"},{"id":73108,"section_number":"10.1-2500","catch_line":"Virginia Environmental Emergency Response Fund established","order_by":null,"url":"\/10.1-2500\/"}],"refers_to":[{"id":73108,"section_number":"10.1-2500","catch_line":"Virginia Environmental Emergency Response Fund established","order_by":null,"url":"\/10.1-2500\/"}],"permalink":{"id":145775,"object_type":"law","relational_id":83968,"identifier":"10.1-1316","token":"10.1\/II\/13\/1\/10.1-1316","url":"\/10.1-1316\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/10.1-1316\/","token":"10.1\/II\/13\/1\/10.1-1316","dublin_core":{"Title":"Enforcement and civil penalties","Type":"Text","Format":"text\/html","Identifier":"\u00a7 10.1-1316","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Any owner<\/span> violating or failing, neglecting or refusing to obey any provision of this chapter, any Board<\/span> regulation or Department<\/span> order<\/span>, or any permit condition may be compelled to comply by injunction<\/span>, mandamus or other appropriate remedy. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Without limiting the remedies which may be obtained under subsection A, any owner<\/span> violating or failing, neglecting or refusing to obey any Board<\/span> regulation or Department<\/span> order<\/span>, any provision of this chapter, or any permit condition shall be subject, in the discretion of the court<\/span>, to a civil penalty<\/span> not to exceed $32,500 for each violation. Each day of violation shall constitute a separate offense<\/span>. In determining the amount of any civil penalty<\/span> to be assessed pursuant to this subsection, the court<\/span> shall consider, in addition to such other factors as it may deem appropriate, the size of the owner<\/span>’s business, the severity of the economic impact of the penalty<\/span> on the business, and the seriousness of the violation. Such civil penalties shall be paid into the state treasury and deposited by the State Treasurer into the Virginia Environmental Emergency Response Fund pursuant to Chapter 25 (§ 10.1-2500<\/a> et seq.) of this title. Such civil penalties may, in the discretion of the court<\/span> assessing them, be directed to be paid into the treasury of the county, city or town in which the violation occurred, to be used to abate environmental pollution in such manner as the court<\/span> may, by order<\/span>, direct, except that where the owner<\/span> in violation is the county, city or town itself, or its agent, the court<\/span> shall direct the penalty<\/span> to be paid into the state treasury and deposited by the State Treasurer into the Virginia Environmental Emergency Response Fund pursuant to Chapter 25 of this title. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> With the consent of an owner<\/span> who has violated or failed, neglected or refused to obey any Board<\/span> regulation or Department<\/span> order<\/span>, or any provision of this chapter, or any permit condition, the Department<\/span> may provide, in any order<\/span> issued by the Department<\/span> against the owner<\/span>, for the payment of civil charges in specific sums, not to exceed the limit of subsection B. Such civil charges shall be in lieu of any civil penalty<\/span> which could be imposed under subsection B. Such civil charges shall be paid into the state treasury and deposited by the State Treasurer into the Virginia Environmental Emergency Response Fund pursuant to Chapter 25 of this title. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> The Department<\/span> shall develop and provide an opportunity for public comment on guidelines and procedures that contain specific criteria for calculating the appropriate penalty<\/span> for each violation based upon the severity of the violations, the extent of any potential or actual environmental harm, the compliance history of the facility or person<\/span>, any economic benefit realized from the noncompliance, and the ability of the person<\/span> to pay the penalty<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nENFORCEMENT AND CIVIL PENALTIES (\u00a7 10.1-1316)\n\nA. Any owner violating or failing, neglecting or refusing to obey any provision\nof this chapter, any Board regulation or Department order, or any permit\ncondition may be compelled to comply by injunction, mandamus or other\nappropriate remedy.\n\nB. Without limiting the remedies which may be obtained under subsection A, any\nowner violating or failing, neglecting or refusing to obey any Board regulation\nor Department order, any provision of this chapter, or any permit condition\nshall be subject, in the discretion of the court, to a civil penalty not to\nexceed $32,500 for each violation. Each day of violation shall constitute a\nseparate offense. In determining the amount of any civil penalty to be assessed\npursuant to this subsection, the court shall consider, in addition to such other\nfactors as it may deem appropriate, the size of the owner’s business, the\nseverity of the economic impact of the penalty on the business, and the\nseriousness of the violation. Such civil penalties shall be paid into the state\ntreasury and deposited by the State Treasurer into the Virginia Environmental\nEmergency Response Fund pursuant to Chapter 25 (§ 10.1-2500 et seq.) of\nthis title. Such civil penalties may, in the discretion of the court assessing\nthem, be directed to be paid into the treasury of the county, city or town in\nwhich the violation occurred, to be used to abate environmental pollution in\nsuch manner as the court may, by order, direct, except that where the owner in\nviolation is the county, city or town itself, or its agent, the court shall\ndirect the penalty to be paid into the state treasury and deposited by the State\nTreasurer into the Virginia Environmental Emergency Response Fund pursuant to\nChapter 25 of this title.\n\nC. With the consent of an owner who has violated or failed, neglected or refused\nto obey any Board regulation or Department order, or any provision of this\nchapter, or any permit condition, the Department may provide, in any order\nissued by the Department against the owner, for the payment of civil charges in\nspecific sums, not to exceed the limit of subsection B. Such civil charges shall\nbe in lieu of any civil penalty which could be imposed under subsection B. Such\ncivil charges shall be paid into the state treasury and deposited by the State\nTreasurer into the Virginia Environmental Emergency Response Fund pursuant to\nChapter 25 of this title.\n\nD. The Department shall develop and provide an opportunity for public comment on\nguidelines and procedures that contain specific criteria for calculating the\nappropriate penalty for each violation based upon the severity of the\nviolations, the extent of any potential or actual environmental harm, the\ncompliance history of the facility or person, any economic benefit realized from\nthe noncompliance, and the ability of the person to pay the penalty.\n\nHISTORY: 1966, c. 497, \u00a7 10-17.23; 1976, c. 622; 1978, c. 475; 1980, c. 378;\n1988, c. 891; 1991, c. 718; 1993, c. 13; 2005, c. 706; 2022, c. 356.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}