{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/40.1-51.31.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/40.1-51.31.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/40.1-51.31.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/40.1-51.31.html"}],"law_id":60762,"edition_id":1,"section_id":60762,"structure_id":14066,"section_number":"40.1-51.31","catch_line":"Penalties for noncompliance; judicial review","history":"1992, c. 541.","full_text":"A\n\nThe Board is authorized to promulgate regulations providing for the determination of a formula for the basis of the amount of any noncompliance penalty to be assessed by a court pursuant to subsection B hereof, in conformance with the requirements of § 120 of the federal Clean Air Act, as amended, and any regulations promulgated thereunder. Any regulations promulgated pursuant to this section shall be in accordance with the provisions of the Administrative Process Act (§ 2.2-4000 et seq.).B\n\nUpon a determination of the amount by the Commissioner, the Commissioner shall petition the circuit court of the county or city wherein the owner subject to such noncompliance assessment resides, regularly or systematically conducts affairs or business activities, or where such owner’s property affected by the administrative action is located for an order requiring payment of a noncompliance penalty in a sum the court deems appropriate.C\n\nAny order issued by a court pursuant to this section may be enforced as a judgment of the court. All sums collected, less the assessment and collection costs, shall be paid into the general fund of the state treasury.D\n\nAny penalty assessed under this section shall be in addition to permits, fees, orders, payments, sanctions, or other requirements under this chapter and shall in no way affect any civil or criminal enforcement proceedings brought under other provisions of this chapter.","order_by":null,"text":{"0":{"id":222140,"text":"The Board is authorized to promulgate regulations providing for the determination of a formula for the basis of the amount of any noncompliance penalty to be assessed by a court pursuant to subsection B hereof, in conformance with the requirements of § 120 of the federal Clean Air Act, as amended, and any regulations promulgated thereunder. Any regulations promulgated pursuant to this section shall be in accordance with the provisions of the Administrative Process Act (§ 2.2-4000 et seq.).","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":222141,"text":"Upon a determination of the amount by the Commissioner, the Commissioner shall petition the circuit court of the county or city wherein the owner subject to such noncompliance assessment resides, regularly or systematically conducts affairs or business activities, or where such owner’s property affected by the administrative action is located for an order requiring payment of a noncompliance penalty in a sum the court deems appropriate.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":222142,"text":"Any order issued by a court pursuant to this section may be enforced as a judgment of the court. All sums collected, less the assessment and collection costs, shall be paid into the general fund of the state treasury.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":222143,"text":"Any penalty assessed under this section shall be in addition to permits, fees, orders, payments, sanctions, or other requirements under this chapter and shall in no way affect any civil or criminal enforcement proceedings brought under other provisions of this chapter.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"ancestry":[{"id":14066,"edition_id":1,"name":"Virginia Asbestos Neshap Act","identifier":"3.3","label":"chapter","depth":2,"order_by":1,"parent_id":12776,"metadata":{},"date_created":"2026-06-26 03:46:46","date_modified":"2026-06-26 03:46:46","permalink":{"id":220299,"object_type":"structure","relational_id":14066,"identifier":"3.3","token":"40.1\/3.3","url":"\/40.1\/3.3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12776,"edition_id":1,"name":"Labor and Employment","identifier":"40.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:52","date_modified":"2026-06-26 03:43:52","permalink":{"id":219723,"object_type":"structure","relational_id":12776,"identifier":"40.1","token":"40.1","url":"\/40.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":63158,"structure_id":14066,"section_number":"40.1-51.23","catch_line":"Definitions","url":"\/40.1-51.23\/","token":"40.1\/3.3\/40.1-51.23","metadata":false},{"id":87022,"structure_id":14066,"section_number":"40.1-51.24","catch_line":"Department authorized to enter certain agreements","url":"\/40.1-51.24\/","token":"40.1\/3.3\/40.1-51.24","metadata":false},{"id":68926,"structure_id":14066,"section_number":"40.1-51.25","catch_line":"Safety and Health Codes Board to formulate rules, regulations, etc","url":"\/40.1-51.25\/","token":"40.1\/3.3\/40.1-51.25","metadata":false},{"id":75734,"structure_id":14066,"section_number":"40.1-51.26","catch_line":"Commissioner of Labor and Industry to enforce laws","url":"\/40.1-51.26\/","token":"40.1\/3.3\/40.1-51.26","metadata":false},{"id":55175,"structure_id":14066,"section_number":"40.1-51.27","catch_line":"Inspections, investigations, etc","url":"\/40.1-51.27\/","token":"40.1\/3.3\/40.1-51.27","metadata":false},{"id":68715,"structure_id":14066,"section_number":"40.1-51.28","catch_line":"Issuance of special orders","url":"\/40.1-51.28\/","token":"40.1\/3.3\/40.1-51.28","metadata":false},{"id":83707,"structure_id":14066,"section_number":"40.1-51.29","catch_line":"Decision of Commissioner pursuant to hearing","url":"\/40.1-51.29\/","token":"40.1\/3.3\/40.1-51.29","metadata":false},{"id":71492,"structure_id":14066,"section_number":"40.1-51.30","catch_line":"Appeal to Board","url":"\/40.1-51.30\/","token":"40.1\/3.3\/40.1-51.30","metadata":false},{"id":60762,"structure_id":14066,"section_number":"40.1-51.31","catch_line":"Penalties for noncompliance; judicial review","url":"\/40.1-51.31\/","token":"40.1\/3.3\/40.1-51.31","metadata":false},{"id":72091,"structure_id":14066,"section_number":"40.1-51.32","catch_line":"Owners to furnish plans, specifications and information","url":"\/40.1-51.32\/","token":"40.1\/3.3\/40.1-51.32","metadata":false},{"id":85383,"structure_id":14066,"section_number":"40.1-51.33","catch_line":"Protection of trade secrets","url":"\/40.1-51.33\/","token":"40.1\/3.3\/40.1-51.33","metadata":false},{"id":84167,"structure_id":14066,"section_number":"40.1-51.34","catch_line":"Right of entry","url":"\/40.1-51.34\/","token":"40.1\/3.3\/40.1-51.34","metadata":false},{"id":55498,"structure_id":14066,"section_number":"40.1-51.35","catch_line":"Compelling compliance with regulations and orders of Board; penalty for violations","url":"\/40.1-51.35\/","token":"40.1\/3.3\/40.1-51.35","metadata":false},{"id":84050,"structure_id":14066,"section_number":"40.1-51.36","catch_line":"Judicial review of regulations of Board","url":"\/40.1-51.36\/","token":"40.1\/3.3\/40.1-51.36","metadata":false},{"id":63199,"structure_id":14066,"section_number":"40.1-51.37","catch_line":"Appeal from decision of Board","url":"\/40.1-51.37\/","token":"40.1\/3.3\/40.1-51.37","metadata":false},{"id":57872,"structure_id":14066,"section_number":"40.1-51.38","catch_line":"Appeal to Court of Appeals","url":"\/40.1-51.38\/","token":"40.1\/3.3\/40.1-51.38","metadata":false},{"id":68404,"structure_id":14066,"section_number":"40.1-51.39","catch_line":"Penalties; chapter not to affect right to relief or to maintain action","url":"\/40.1-51.39\/","token":"40.1\/3.3\/40.1-51.39","metadata":false},{"id":68605,"structure_id":14066,"section_number":"40.1-51.40","catch_line":"Duty of attorney for the Commonwealth","url":"\/40.1-51.40\/","token":"40.1\/3.3\/40.1-51.40","metadata":false},{"id":59021,"structure_id":14066,"section_number":"40.1-51.41","catch_line":"Local ordinances","url":"\/40.1-51.41\/","token":"40.1\/3.3\/40.1-51.41","metadata":false}],"previous_section":{"id":71492,"structure_id":14066,"section_number":"40.1-51.30","catch_line":"Appeal to Board","url":"\/40.1-51.30\/","token":"40.1\/3.3\/40.1-51.30","metadata":false},"next_section":{"id":72091,"structure_id":14066,"section_number":"40.1-51.32","catch_line":"Owners to furnish plans, specifications and information","url":"\/40.1-51.32\/","token":"40.1\/3.3\/40.1-51.32","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/40.1-51.31\/","history_text":"

This law was first created in 1992. The record of its establishment is cataloged in chapter 541 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 1992 \u201cActs\u201d aren\u2019t available online.<\/p>","references":false,"refers_to":[{"id":86911,"section_number":"2.2-4000","catch_line":"Short title; purpose","order_by":null,"url":"\/2.2-4000\/"}],"permalink":{"id":220333,"object_type":"law","relational_id":60762,"identifier":"40.1-51.31","token":"40.1\/3.3\/40.1-51.31","url":"\/40.1-51.31\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/40.1-51.31\/","token":"40.1\/3.3\/40.1-51.31","dublin_core":{"Title":"Penalties for noncompliance; judicial review","Type":"Text","Format":"text\/html","Identifier":"\u00a7 40.1-51.31","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The Board<\/span> is authorized to promulgate regulations providing for the determination of a formula for the basis of the amount of any noncompliance penalty<\/span> to be assessed by a court<\/span> pursuant to subsection B hereof, in conformance with the requirements of § 120 of the federal Clean Air Act, as amended, and any regulations promulgated thereunder. Any regulations promulgated pursuant to this section shall be in accordance with the provisions of the Administrative Process Act (§ 2.2-4000<\/a> et seq.). <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Upon a determination of the amount by the Commissioner<\/span>, the Commissioner<\/span> shall petition<\/span> the circuit<\/span> court<\/span> of the county or city wherein the owner<\/span> subject to such noncompliance assessment resides, regularly or systematically conducts affairs or business activities, or where such owner<\/span>’s property affected by the administrative action is located for an order<\/span> requiring payment of a noncompliance penalty<\/span> in a sum the court<\/span> deems appropriate. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Any order<\/span> issued by a court<\/span> pursuant to this section may be enforced as a judgment<\/span> of the court<\/span>. All sums collected, less the assessment and collection costs, shall be paid into the general fund of the state treasury. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Any penalty<\/span> assessed under this section shall be in addition to permits, fees, orders<\/span>, payments, sanctions<\/span>, or other requirements under this chapter and shall in no way affect any civil or criminal enforcement proceedings brought under other provisions of this chapter. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPENALTIES FOR NONCOMPLIANCE; JUDICIAL REVIEW (\u00a7 40.1-51.31)\n\nA. The Board is authorized to promulgate regulations providing for the\ndetermination of a formula for the basis of the amount of any noncompliance\npenalty to be assessed by a court pursuant to subsection B hereof, in\nconformance with the requirements of § 120 of the federal Clean Air Act, as\namended, and any regulations promulgated thereunder. Any regulations promulgated\npursuant to this section shall be in accordance with the provisions of the\nAdministrative Process Act (§ 2.2-4000 et seq.).\n\nB. Upon a determination of the amount by the Commissioner, the Commissioner\nshall petition the circuit court of the county or city wherein the owner subject\nto such noncompliance assessment resides, regularly or systematically conducts\naffairs or business activities, or where such owner’s property affected by\nthe administrative action is located for an order requiring payment of a\nnoncompliance penalty in a sum the court deems appropriate.\n\nC. Any order issued by a court pursuant to this section may be enforced as a\njudgment of the court. All sums collected, less the assessment and collection\ncosts, shall be paid into the general fund of the state treasury.\n\nD. Any penalty assessed under this section shall be in addition to permits,\nfees, orders, payments, sanctions, or other requirements under this chapter and\nshall in no way affect any civil or criminal enforcement proceedings brought\nunder other provisions of this chapter.\n\nHISTORY: 1992, c. 541.","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}}