{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/3.2-406.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/3.2-406.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/3.2-406.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/3.2-406.html"}],"law_id":73080,"edition_id":1,"section_id":73080,"structure_id":14458,"section_number":"3.2-406","catch_line":"Penalties; injunctions; enforcement actions","history":"1996, c. 773, \u00a7 10.1-559.7; 2008, c. 860.","full_text":"A\n\nAny person violating § 3.2-403 or 3.2-404 shall be subject to a civil penalty not to exceed $5,000 for every violation assessed by the Commissioner or Board. Each day the violation continues is a separate offense. Payments to satisfy such penalties shall be deposited in a nonreverting, special fund to be used by the Department of Conservation and Recreation to provide financial assistance to persons implementing measures specified in the Virginia Agricultural Best Management Practices Manual. No person who has been assessed a civil penalty under this section shall be eligible for such financial assistance until the violation has been corrected and the penalty paid.B\n\nIn determining the amount of any penalty, factors to be considered shall include the willfulness of the violation, any history of noncompliance, the actions of the owner or operator in notifying, containing and cleaning up any discharge, the damage or injury to state waters or the impairment of its uses, and the nature and degree of injury to or interference with general health, welfare and property.C\n\nThe Attorney General shall, upon request, bring an action for an injunction or other appropriate legal action on behalf of the Commissioner or Board to enforce the provisions of this chapter.","order_by":null,"text":{"0":{"id":263157,"text":"Any person violating § 3.2-403 or 3.2-404 shall be subject to a civil penalty not to exceed $5,000 for every violation assessed by the Commissioner or Board. Each day the violation continues is a separate offense. Payments to satisfy such penalties shall be deposited in a nonreverting, special fund to be used by the Department of Conservation and Recreation to provide financial assistance to persons implementing measures specified in the Virginia Agricultural Best Management Practices Manual. No person who has been assessed a civil penalty under this section shall be eligible for such financial assistance until the violation has been corrected and the penalty paid.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":263158,"text":"In determining the amount of any penalty, factors to be considered shall include the willfulness of the violation, any history of noncompliance, the actions of the owner or operator in notifying, containing and cleaning up any discharge, the damage or injury to state waters or the impairment of its uses, and the nature and degree of injury to or interference with general health, welfare and property.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":263159,"text":"The Attorney General shall, upon request, bring an action for an injunction or other appropriate legal action on behalf of the Commissioner or Board to enforce the provisions of this chapter.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"ancestry":[{"id":14458,"edition_id":1,"name":"Agricultural Stewardship","identifier":"4","label":"chapter","depth":3,"order_by":1,"parent_id":13126,"metadata":{},"date_created":"2026-06-26 03:48:12","date_modified":"2026-06-26 03:48:12","permalink":{"id":194143,"object_type":"structure","relational_id":14458,"identifier":"4","token":"3.2\/I\/4","url":"\/3.2\/I\/4\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13126,"edition_id":1,"name":"General Provisions; Protection and Promotion of Agriculture","identifier":"I","label":"subtitle","depth":2,"order_by":1,"parent_id":12793,"metadata":{},"date_created":"2026-06-26 03:44:19","date_modified":"2026-06-26 03:44:19","permalink":{"id":193941,"object_type":"structure","relational_id":13126,"identifier":"I","token":"3.2\/I","url":"\/3.2\/I\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12793,"edition_id":1,"name":"Agriculture, Animal Care, and Food","identifier":"3.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:53","date_modified":"2026-06-26 03:43:53","permalink":{"id":193939,"object_type":"structure","relational_id":12793,"identifier":"3.2","token":"3.2","url":"\/3.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":55834,"structure_id":14458,"section_number":"3.2-400","catch_line":"Definitions","url":"\/3.2-400\/","token":"3.2\/I\/4\/3.2-400","metadata":false},{"id":70105,"structure_id":14458,"section_number":"3.2-401","catch_line":"Exclusions from chapter","url":"\/3.2-401\/","token":"3.2\/I\/4\/3.2-401","metadata":false},{"id":63587,"structure_id":14458,"section_number":"3.2-402","catch_line":"Complaint; investigation; agricultural stewardship plan","url":"\/3.2-402\/","token":"3.2\/I\/4\/3.2-402","metadata":false},{"id":72474,"structure_id":14458,"section_number":"3.2-403","catch_line":"Issuance of corrective orders","url":"\/3.2-403\/","token":"3.2\/I\/4\/3.2-403","metadata":false},{"id":72580,"structure_id":14458,"section_number":"3.2-404","catch_line":"Right of entry; court enforcement","url":"\/3.2-404\/","token":"3.2\/I\/4\/3.2-404","metadata":false},{"id":85440,"structure_id":14458,"section_number":"3.2-405","catch_line":"Appeal","url":"\/3.2-405\/","token":"3.2\/I\/4\/3.2-405","metadata":false},{"id":73080,"structure_id":14458,"section_number":"3.2-406","catch_line":"Penalties; injunctions; enforcement actions","url":"\/3.2-406\/","token":"3.2\/I\/4\/3.2-406","metadata":false},{"id":84425,"structure_id":14458,"section_number":"3.2-407","catch_line":"Liens","url":"\/3.2-407\/","token":"3.2\/I\/4\/3.2-407","metadata":false},{"id":73832,"structure_id":14458,"section_number":"3.2-408","catch_line":"Guidelines to be published by Commissioner; report","url":"\/3.2-408\/","token":"3.2\/I\/4\/3.2-408","metadata":false},{"id":76857,"structure_id":14458,"section_number":"3.2-409","catch_line":"Ordinances","url":"\/3.2-409\/","token":"3.2\/I\/4\/3.2-409","metadata":false},{"id":56797,"structure_id":14458,"section_number":"3.2-410","catch_line":"Construction of chapter","url":"\/3.2-410\/","token":"3.2\/I\/4\/3.2-410","metadata":false}],"previous_section":{"id":85440,"structure_id":14458,"section_number":"3.2-405","catch_line":"Appeal","url":"\/3.2-405\/","token":"3.2\/I\/4\/3.2-405","metadata":false},"next_section":{"id":84425,"structure_id":14458,"section_number":"3.2-407","catch_line":"Liens","url":"\/3.2-407\/","token":"3.2\/I\/4\/3.2-407","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/3.2-406\/","history_text":"

This law was first created in 1996. The record of its establishment is cataloged in chapter 773<\/a> 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. It has been modified 1 time. 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. That modification is as follows: in 2008, chapter 860<\/a>.<\/p>","references":false,"refers_to":[{"id":72474,"section_number":"3.2-403","catch_line":"Issuance of corrective orders","order_by":null,"url":"\/3.2-403\/"},{"id":72580,"section_number":"3.2-404","catch_line":"Right of entry; court enforcement","order_by":null,"url":"\/3.2-404\/"}],"permalink":{"id":194169,"object_type":"law","relational_id":73080,"identifier":"3.2-406","token":"3.2\/I\/4\/3.2-406","url":"\/3.2-406\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/3.2-406\/","token":"3.2\/I\/4\/3.2-406","dublin_core":{"Title":"Penalties; injunctions; enforcement actions","Type":"Text","Format":"text\/html","Identifier":"\u00a7 3.2-406","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Any person violating § 3.2-403<\/a> or 3.2-404<\/a> shall be subject to a civil penalty<\/span> not to exceed $5,000 for every violation assessed by the Commissioner<\/span> or Board<\/span>. Each day the violation continues is a separate offense<\/span>. Payments to satisfy such penalties shall be deposited in a nonreverting, special fund to be used by the Department<\/span> of Conservation and Recreation to provide financial assistance to persons implementing measures<\/span> specified in the Virginia Agricultural Best Management Practices Manual. No person who has been assessed a civil penalty<\/span> under this section shall be eligible for such financial assistance until the violation has been corrected and the penalty<\/span> paid. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> In determining the amount of any penalty<\/span>, factors to be considered shall include the willfulness of the violation, any history of noncompliance, the actions of the owner<\/span> or operator<\/span> in notifying, containing and cleaning up any discharge, the damage or injury to state waters<\/span> or the impairment of its uses, and the nature and degree of injury to or interference with general health, welfare and property. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The Attorney General<\/span> shall, upon request, bring an action for an injunction<\/span> or other appropriate legal action on behalf of the Commissioner<\/span> or Board<\/span> to enforce the provisions of this chapter. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPENALTIES; INJUNCTIONS; ENFORCEMENT ACTIONS (\u00a7 3.2-406)\n\nA. Any person violating § 3.2-403 or 3.2-404 shall be subject to a civil\npenalty not to exceed $5,000 for every violation assessed by the Commissioner or\nBoard. Each day the violation continues is a separate offense. Payments to\nsatisfy such penalties shall be deposited in a nonreverting, special fund to be\nused by the Department of Conservation and Recreation to provide financial\nassistance to persons implementing measures specified in the Virginia\nAgricultural Best Management Practices Manual. No person who has been assessed a\ncivil penalty under this section shall be eligible for such financial assistance\nuntil the violation has been corrected and the penalty paid.\n\nB. In determining the amount of any penalty, factors to be considered shall\ninclude the willfulness of the violation, any history of noncompliance, the\nactions of the owner or operator in notifying, containing and cleaning up any\ndischarge, the damage or injury to state waters or the impairment of its uses,\nand the nature and degree of injury to or interference with general health,\nwelfare and property.\n\nC. The Attorney General shall, upon request, bring an action for an injunction\nor other appropriate legal action on behalf of the Commissioner or Board to\nenforce the provisions of this chapter.\n\nHISTORY: 1996, c. 773, \u00a7 10.1-559.7; 2008, c. 860.","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}}