{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/62.1-270.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/62.1-270.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/62.1-270.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/62.1-270.html"}],"law_id":54563,"edition_id":1,"section_id":54563,"structure_id":13595,"section_number":"62.1-270","catch_line":"Penalties","history":"1992, c. 812.","full_text":"A\n\nAny person who violates any provision of this chapter, or who fails, neglects or refuses to comply with any order of the Board pertaining to ground water, or order of a court, issued as herein provided, shall be subject to a civil penalty not to exceed $25,000 for each violation within the discretion of the court. Each day of violation of each requirement shall constitute a separate offense.\n\t\t\tSuch 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 for the purpose of abating environmental pollution therein in such manner as the court may, by order, direct, except that where the person in violation is such county, city or town itself, or its agent, the court shall direct such penalty to be paid to the State Treasurer for deposit into the Virginia Environmental Emergency Response Fund pursuant to Chapter 25 of Title 10.1.\n\t\t\tWith the consent of any person in violation of this chapter, the Board may provide, in an order issued by the Board against the person, for the payment of civil charges. These charges shall be in lieu of the civil penalties referred to above. Such civil charges shall be deposited by the State Treasurer into the Virginia Environmental Emergency Response Fund.B\n\nAny person willfully or negligently violating any provision of this chapter, any regulation or order of the Board pertaining to ground water, any condition of a ground water withdrawal permit or any order of a court shall be guilty of a misdemeanor punishable by confinement in jail for not more than twelve months and a fine of not less than $2,500 nor more than $25,000, either or both. Any person who knowingly violates any provision of this chapter, any regulation or order of the Board pertaining to ground water, any condition of a ground water withdrawal permit or any order of a court issued as herein provided, or who knowingly makes any false statement in any form required to be submitted under this chapter shall be guilty of a felony punishable by a term of imprisonment of not less than one year nor more than three years, or in the discretion of the jury or the court trying the case without a jury, confinement in jail for not more than twelve months and a fine of not less than $5,000 nor more than $50,000 for each violation. Any defendant that is not an individual shall, upon conviction of a violation under this subsection, be sentenced to pay a fine of not less than $10,000. Each day of violation of each requirement shall constitute a separate offense.C\n\nAny person who knowingly violates any provision of this chapter, and who knows at that time that he thereby places another person in imminent danger of death or serious bodily harm, shall, upon conviction, be guilty of a felony punishable by a term of imprisonment of not less than two years nor more than fifteen years and a fine of not more than $250,000, either or both. A defendant that is not an individual shall, upon conviction of a violation under this subsection, be sentenced to pay a fine not exceeding the greater of one million dollars or an amount that is three times the economic benefit realized by the defendant as a result of the offense. The maximum penalty shall be doubled with respect to both fine and imprisonment for any subsequent conviction of the same person under this subsection.D\n\nCriminal prosecution under this section shall be commenced within three years of discovery of the offense, notwithstanding the limitations provided in any other statute.","order_by":null,"text":{"0":{"id":200362,"text":"Any person who violates any provision of this chapter, or who fails, neglects or refuses to comply with any order of the Board pertaining to ground water, or order of a court, issued as herein provided, shall be subject to a civil penalty not to exceed $25,000 for each violation within the discretion of the court. Each day of violation of each requirement shall constitute a separate offense.\n\t\t\tSuch 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 for the purpose of abating environmental pollution therein in such manner as the court may, by order, direct, except that where the person in violation is such county, city or town itself, or its agent, the court shall direct such penalty to be paid to the State Treasurer for deposit into the Virginia Environmental Emergency Response Fund pursuant to Chapter 25 of Title 10.1.\n\t\t\tWith the consent of any person in violation of this chapter, the Board may provide, in an order issued by the Board against the person, for the payment of civil charges. These charges shall be in lieu of the civil penalties referred to above. Such civil charges shall be deposited by the State Treasurer into the Virginia Environmental Emergency Response Fund.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":200363,"text":"Any person willfully or negligently violating any provision of this chapter, any regulation or order of the Board pertaining to ground water, any condition of a ground water withdrawal permit or any order of a court shall be guilty of a misdemeanor punishable by confinement in jail for not more than twelve months and a fine of not less than $2,500 nor more than $25,000, either or both. Any person who knowingly violates any provision of this chapter, any regulation or order of the Board pertaining to ground water, any condition of a ground water withdrawal permit or any order of a court issued as herein provided, or who knowingly makes any false statement in any form required to be submitted under this chapter shall be guilty of a felony punishable by a term of imprisonment of not less than one year nor more than three years, or in the discretion of the jury or the court trying the case without a jury, confinement in jail for not more than twelve months and a fine of not less than $5,000 nor more than $50,000 for each violation. Any defendant that is not an individual shall, upon conviction of a violation under this subsection, be sentenced to pay a fine of not less than $10,000. Each day of violation of each requirement shall constitute a separate offense.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":200364,"text":"Any person who knowingly violates any provision of this chapter, and who knows at that time that he thereby places another person in imminent danger of death or serious bodily harm, shall, upon conviction, be guilty of a felony punishable by a term of imprisonment of not less than two years nor more than fifteen years and a fine of not more than $250,000, either or both. A defendant that is not an individual shall, upon conviction of a violation under this subsection, be sentenced to pay a fine not exceeding the greater of one million dollars or an amount that is three times the economic benefit realized by the defendant as a result of the offense. The maximum penalty shall be doubled with respect to both fine and imprisonment for any subsequent conviction of the same person under this subsection.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":200365,"text":"Criminal prosecution under this section shall be commenced within three years of discovery of the offense, notwithstanding the limitations provided in any other statute.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"ancestry":[{"id":13595,"edition_id":1,"name":"Ground Water Management Act of 1992","identifier":"25","label":"chapter","depth":2,"order_by":1,"parent_id":12909,"metadata":{},"date_created":"2026-06-26 03:45:20","date_modified":"2026-06-26 03:45:20","permalink":{"id":269039,"object_type":"structure","relational_id":13595,"identifier":"25","token":"62.1\/25","url":"\/62.1\/25\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12909,"edition_id":1,"name":"Waters of the State, Ports and Harbors","identifier":"62.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:44:00","date_modified":"2026-06-26 03:44:00","permalink":{"id":268199,"object_type":"structure","relational_id":12909,"identifier":"62.1","token":"62.1","url":"\/62.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":66154,"structure_id":13595,"section_number":"62.1-254","catch_line":"Findings and purpose","url":"\/62.1-254\/","token":"62.1\/25\/62.1-254","metadata":false},{"id":79593,"structure_id":13595,"section_number":"62.1-255","catch_line":"Definitions","url":"\/62.1-255\/","token":"62.1\/25\/62.1-255","metadata":false},{"id":61205,"structure_id":13595,"section_number":"62.1-255.1","catch_line":"Certified mail; subsequent mail or notices may be sent by regular mail","url":"\/62.1-255.1\/","token":"62.1\/25\/62.1-255.1","metadata":false},{"id":78244,"structure_id":13595,"section_number":"62.1-256","catch_line":" Duties of Board","url":"\/62.1-256\/","token":"62.1\/25\/62.1-256","metadata":false},{"id":66336,"structure_id":13595,"section_number":"62.1-256.1","catch_line":"Expired","url":"\/62.1-256.1\/","token":"62.1\/25\/62.1-256.1","metadata":false},{"id":81341,"structure_id":13595,"section_number":"62.1-256.2","catch_line":"(Expires July 1, 2030) Eastern Virginia Groundwater Management Advisory Committee established; sunset","url":"\/62.1-256.2\/","token":"62.1\/25\/62.1-256.2","metadata":false},{"id":84825,"structure_id":13595,"section_number":"62.1-257","catch_line":"When Board may initiate a ground water management area study proceeding; hearing required","url":"\/62.1-257\/","token":"62.1\/25\/62.1-257","metadata":false},{"id":78237,"structure_id":13595,"section_number":"62.1-258","catch_line":"Use of ground water in ground water management area; registration of well construction required","url":"\/62.1-258\/","token":"62.1\/25\/62.1-258","metadata":false},{"id":84483,"structure_id":13595,"section_number":"62.1-258.1","catch_line":"Irrigation wells for nonagricultural use prohibited; exceptions","url":"\/62.1-258.1\/","token":"62.1\/25\/62.1-258.1","metadata":false},{"id":85111,"structure_id":13595,"section_number":"62.1-259","catch_line":" Certain withdrawals; permit not required","url":"\/62.1-259\/","token":"62.1\/25\/62.1-259","metadata":false},{"id":60711,"structure_id":13595,"section_number":"62.1-259.1","catch_line":"Certain withdrawals; technical evaluation required","url":"\/62.1-259.1\/","token":"62.1\/25\/62.1-259.1","metadata":false},{"id":63995,"structure_id":13595,"section_number":"62.1-260","catch_line":"Permits for existing ground water withdrawals in existing ground water management areas","url":"\/62.1-260\/","token":"62.1\/25\/62.1-260","metadata":false},{"id":74245,"structure_id":13595,"section_number":"62.1-261","catch_line":"Permits for existing ground water withdrawals in newly established ground water management areas","url":"\/62.1-261\/","token":"62.1\/25\/62.1-261","metadata":false},{"id":70026,"structure_id":13595,"section_number":"62.1-262","catch_line":"(For contingent effective date, see Acts 2021, Sp. Sess. I, c. 100) Permits for other ground water withdrawals","url":"\/62.1-262\/","token":"62.1\/25\/62.1-262","metadata":false},{"id":83090,"structure_id":13595,"section_number":"62.1-262.1","catch_line":"Permits for withdrawals from Eastern Shore Groundwater Management Area","url":"\/62.1-262.1\/","token":"62.1\/25\/62.1-262.1","metadata":false},{"id":77402,"structure_id":13595,"section_number":"62.1-262.2","catch_line":"Permits for certain ground water withdrawals in Eastern Virginia Groundwater Management Area","url":"\/62.1-262.2\/","token":"62.1\/25\/62.1-262.2","metadata":false},{"id":74151,"structure_id":13595,"section_number":"62.1-263","catch_line":"Criteria for issuance of permits","url":"\/62.1-263\/","token":"62.1\/25\/62.1-263","metadata":false},{"id":66178,"structure_id":13595,"section_number":"62.1-263.1","catch_line":"Permit rationale","url":"\/62.1-263.1\/","token":"62.1\/25\/62.1-263.1","metadata":false},{"id":80966,"structure_id":13595,"section_number":"62.1-264","catch_line":"Permits for public water supplies","url":"\/62.1-264\/","token":"62.1\/25\/62.1-264","metadata":false},{"id":60586,"structure_id":13595,"section_number":"62.1-265","catch_line":"Drought relief wells","url":"\/62.1-265\/","token":"62.1\/25\/62.1-265","metadata":false},{"id":62679,"structure_id":13595,"section_number":"62.1-266","catch_line":"Ground water withdrawal permits","url":"\/62.1-266\/","token":"62.1\/25\/62.1-266","metadata":false},{"id":76472,"structure_id":13595,"section_number":"62.1-267","catch_line":"Issuance of special exceptions","url":"\/62.1-267\/","token":"62.1\/25\/62.1-267","metadata":false},{"id":79539,"structure_id":13595,"section_number":"62.1-268","catch_line":"Issuance of special orders","url":"\/62.1-268\/","token":"62.1\/25\/62.1-268","metadata":false},{"id":78604,"structure_id":13595,"section_number":"62.1-269","catch_line":"Enforcement by injunction, etc","url":"\/62.1-269\/","token":"62.1\/25\/62.1-269","metadata":false},{"id":54563,"structure_id":13595,"section_number":"62.1-270","catch_line":"Penalties","url":"\/62.1-270\/","token":"62.1\/25\/62.1-270","metadata":false}],"previous_section":{"id":78604,"structure_id":13595,"section_number":"62.1-269","catch_line":"Enforcement by injunction, etc","url":"\/62.1-269\/","token":"62.1\/25\/62.1-269","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/62.1-270\/","history_text":"

This law was first created in 1992. The record of its establishment is cataloged in chapter 812 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":[{"id":79539,"section_number":"62.1-268","catch_line":"Issuance of special orders","order_by":null,"url":"\/62.1-268\/"}],"refers_to":false,"permalink":{"id":269137,"object_type":"law","relational_id":54563,"identifier":"62.1-270","token":"62.1\/25\/62.1-270","url":"\/62.1-270\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/62.1-270\/","token":"62.1\/25\/62.1-270","dublin_core":{"Title":"Penalties","Type":"Text","Format":"text\/html","Identifier":"\u00a7 62.1-270","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Any person<\/span> who violates any provision of this chapter, or who fails, neglects or refuses to comply with any order<\/span> of the Board<\/span> pertaining to ground water<\/span>, or order<\/span> of a court<\/span>, issued as herein provided, shall be subject to a civil penalty<\/span> not to exceed $25,000 for each violation within the discretion of the court<\/span>. Each day of violation of each requirement shall constitute a separate offense<\/span>.\n\t\t\tSuch 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 for the purpose of abating environmental pollution therein in such manner as the court<\/span> may, by order<\/span>, direct, except that where the person<\/span> in violation is such county, city or town itself, or its agent, the court<\/span> shall direct such penalty<\/span> to be paid to the State Treasurer for deposit into the Virginia Environmental Emergency Response Fund pursuant to Chapter 25 of Title 10.1.\n\t\t\tWith the consent of any person<\/span> in violation of this chapter, the Board<\/span> may provide, in an order<\/span> issued by the Board<\/span> against the person<\/span>, for the payment of civil charges. These charges shall be in lieu of the civil penalties referred to above. Such civil charges shall be deposited by the State Treasurer into the Virginia Environmental Emergency Response Fund. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Any person<\/span> willfully or negligently violating any provision of this chapter, any regulation or order<\/span> of the Board<\/span> pertaining to ground water, any condition of a ground water withdrawal permit<\/span> or any order<\/span> of a court<\/span> shall be guilty of a misdemeanor<\/span> punishable by confinement in jail for not more than twelve months and a fine of not less than $2,500 nor more than $25,000, either or both. Any person<\/span> who knowingly violates any provision of this chapter, any regulation or order<\/span> of the Board<\/span> pertaining to ground water, any condition of a ground water withdrawal permit<\/span> or any order<\/span> of a court<\/span> issued as herein provided, or who knowingly makes any false statement in any form required to be submitted under this chapter shall be guilty of a felony<\/span> punishable by a term of imprisonment of not less than one year nor more than three years, or in the discretion of the jury<\/span> or the court<\/span> trying the case without a jury<\/span>, confinement in jail for not more than twelve months and a fine of not less than $5,000 nor more than $50,000 for each violation. Any defendant<\/span> that is not an individual shall, upon conviction<\/span> of a violation under this subsection, be sentenced to pay a fine of not less than $10,000. Each day of violation of each requirement shall constitute a separate offense<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Any person<\/span> who knowingly violates any provision of this chapter, and who knows at that time that he thereby places another person<\/span> in imminent danger of death or serious bodily harm, shall, upon conviction<\/span>, be guilty of a felony<\/span> punishable by a term of imprisonment of not less than two years nor more than fifteen years and a fine of not more than $250,000, either or both. A defendant<\/span> that is not an individual shall, upon conviction<\/span> of a violation under this subsection, be sentenced to pay a fine not exceeding the greater of one million dollars or an amount that is three times the economic benefit realized by the defendant<\/span> as a result of the offense<\/span>. The maximum penalty<\/span> shall be doubled with respect to both fine and imprisonment for any subsequent conviction<\/span> of the same person<\/span> under this subsection. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Criminal prosecution<\/span> under this section shall be commenced within three years of discovery<\/span> of the offense<\/span>, notwithstanding the limitations provided in any other statute<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPENALTIES (\u00a7 62.1-270)\n\nA. Any person who violates any provision of this chapter, or who fails, neglects\nor refuses to comply with any order of the Board pertaining to ground water, or\norder of a court, issued as herein provided, shall be subject to a civil penalty\nnot to exceed $25,000 for each violation within the discretion of the court.\nEach day of violation of each requirement shall constitute a separate offense.\n\t\t\tSuch civil penalties may, in the discretion of the court assessing them, be\ndirected to be paid into the treasury of the county, city, or town in which the\nviolation occurred to be used for the purpose of abating environmental pollution\ntherein in such manner as the court may, by order, direct, except that where the\nperson in violation is such county, city or town itself, or its agent, the court\nshall direct such penalty to be paid to the State Treasurer for deposit into the\nVirginia Environmental Emergency Response Fund pursuant to Chapter 25 of Title\n10.1.\n\t\t\tWith the consent of any person in violation of this chapter, the Board may\nprovide, in an order issued by the Board against the person, for the payment of\ncivil charges. These charges shall be in lieu of the civil penalties referred to\nabove. Such civil charges shall be deposited by the State Treasurer into the\nVirginia Environmental Emergency Response Fund.\n\nB. Any person willfully or negligently violating any provision of this chapter,\nany regulation or order of the Board pertaining to ground water, any condition\nof a ground water withdrawal permit or any order of a court shall be guilty of a\nmisdemeanor punishable by confinement in jail for not more than twelve months\nand a fine of not less than $2,500 nor more than $25,000, either or both. Any\nperson who knowingly violates any provision of this chapter, any regulation or\norder of the Board pertaining to ground water, any condition of a ground water\nwithdrawal permit or any order of a court issued as herein provided, or who\nknowingly makes any false statement in any form required to be submitted under\nthis chapter shall be guilty of a felony punishable by a term of imprisonment of\nnot less than one year nor more than three years, or in the discretion of the\njury or the court trying the case without a jury, confinement in jail for not\nmore than twelve months and a fine of not less than $5,000 nor more than $50,000\nfor each violation. Any defendant that is not an individual shall, upon\nconviction of a violation under this subsection, be sentenced to pay a fine of\nnot less than $10,000. Each day of violation of each requirement shall\nconstitute a separate offense.\n\nC. Any person who knowingly violates any provision of this chapter, and who\nknows at that time that he thereby places another person in imminent danger of\ndeath or serious bodily harm, shall, upon conviction, be guilty of a felony\npunishable by a term of imprisonment of not less than two years nor more than\nfifteen years and a fine of not more than $250,000, either or both. A defendant\nthat is not an individual shall, upon conviction of a violation under this\nsubsection, be sentenced to pay a fine not exceeding the greater of one million\ndollars or an amount that is three times the economic benefit realized by the\ndefendant as a result of the offense. The maximum penalty shall be doubled with\nrespect to both fine and imprisonment for any subsequent conviction of the same\nperson under this subsection.\n\nD. Criminal prosecution under this section shall be commenced within three years\nof discovery of the offense, notwithstanding the limitations provided in any\nother statute.\n\nHISTORY: 1992, c. 812.","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}}