{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/62.1-44.32.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/62.1-44.32.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/62.1-44.32.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/62.1-44.32.html"}],"law_id":69253,"edition_id":1,"section_id":69253,"structure_id":15222,"section_number":"62.1-44.32","catch_line":"Penalties","history":"Code 1950, \u00a7 62.1-44; 1968, c. 659; 1970, c. 638; 1974, c. 237; 1977, c. 263; 1980, c. 378; 1981, cc. 582, 596; 1989, c. 627; 1990, cc. 13, 717; 1991, c. 718; 2005, c. 706; 2013, cc. 756, 793; 2016, cc. 68, 758.","full_text":"a\n\nExcept as otherwise provided in this chapter, any person who violates any provision of this chapter, or who fails, neglects, or refuses to comply with any regulation, certificate, land-disturbance approval, or order of the Board, or order of a court, issued as herein provided, shall be subject to a civil penalty not to exceed $32,500 for each violation within the discretion of the court. Each day of violation of each requirement shall constitute a separate offense. 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 (&#xA7; 10.1-2500 et seq.) of Title 10.1, excluding penalties assessed for violations of Article 2.3 (&#xA7; 62.1-44.15:24 et seq.), 2.4 (&#xA7; 62.1-44.15:51 et seq.), 2.5 (&#xA7; 62.1-44.15:67 et seq.), 9 (&#xA7; 62.1-44.34:8 et seq.), or 10 (&#xA7; 62.1-44.34:10 et seq.) of Chapter 3.1 of Title 62.1, or a regulation, administrative or judicial order, or term or condition of approval relating to or issued under those articles.\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 owner in violation is such county, city, or town itself, or its agent, the court shall direct such 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 Title 10.1, excluding penalties assessed for violations of Article 2.3, 2.4, 2.5, 9, or 10 of Chapter 3.1 of Title 62.1, or a regulation, administrative or judicial order, or term or condition of approval relating to or issued under those articles.\n\t\t\tIn the event that a county, city, or town, or its agent, is the owner, such county, city, or town, or its agent, may initiate a civil action against any user or users of a waste water treatment facility to recover that portion of any civil penalty imposed against the owner proximately resulting from the act or acts of such user or users in violation of any applicable federal, state, or local requirements.b\n\nExcept as otherwise provided in this chapter, any person who willfully or negligently violates (1) any provision of this chapter, any regulation or order of the Board, or any condition of a certificate or land-disturbance approval of the Board, (2) any land-disturbance approval, ordinance, or order of a locality serving as a Virginia Erosion and Stormwater Management Program authority, or (3) any order of a court shall be guilty of a misdemeanor punishable by confinement in jail for not more than 12 months and a fine of not less than $2,500 nor more than $32,500, either or both. Any person who knowingly violates (A) any provision of this chapter, any regulation or order of the Board, or any condition of a certificate or land-disturbance approval of the Board, (B) any land-disturbance approval, ordinance, or order of a locality serving as a Virginia Erosion and Stormwater Management Program authority, or (C) 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 or knowingly renders inaccurate any monitoring device or method required to be maintained 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 12 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\nExcept as otherwise provided in this chapter, 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 15 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 $1 million 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":250558,"text":"Except as otherwise provided in this chapter, any person who violates any provision of this chapter, or who fails, neglects, or refuses to comply with any regulation, certificate, land-disturbance approval, or order of the Board, or order of a court, issued as herein provided, shall be subject to a civil penalty not to exceed $32,500 for each violation within the discretion of the court. Each day of violation of each requirement shall constitute a separate offense. 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 (&#xA7; 10.1-2500 et seq.) of Title 10.1, excluding penalties assessed for violations of Article 2.3 (&#xA7; 62.1-44.15:24 et seq.), 2.4 (&#xA7; 62.1-44.15:51 et seq.), 2.5 (&#xA7; 62.1-44.15:67 et seq.), 9 (&#xA7; 62.1-44.34:8 et seq.), or 10 (&#xA7; 62.1-44.34:10 et seq.) of Chapter 3.1 of Title 62.1, or a regulation, administrative or judicial order, or term or condition of approval relating to or issued under those articles.\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 owner in violation is such county, city, or town itself, or its agent, the court shall direct such 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 Title 10.1, excluding penalties assessed for violations of Article 2.3, 2.4, 2.5, 9, or 10 of Chapter 3.1 of Title 62.1, or a regulation, administrative or judicial order, or term or condition of approval relating to or issued under those articles.\n\t\t\tIn the event that a county, city, or town, or its agent, is the owner, such county, city, or town, or its agent, may initiate a civil action against any user or users of a waste water treatment facility to recover that portion of any civil penalty imposed against the owner proximately resulting from the act or acts of such user or users in violation of any applicable federal, state, or local requirements.","type":"section","prefixes":["a"],"prefix":"a","entire_prefix":"a","prefix_anchor":"a","level":1,"next_prefix":"b"},"1":{"id":250559,"text":"Except as otherwise provided in this chapter, any person who willfully or negligently violates (1) any provision of this chapter, any regulation or order of the Board, or any condition of a certificate or land-disturbance approval of the Board, (2) any land-disturbance approval, ordinance, or order of a locality serving as a Virginia Erosion and Stormwater Management Program authority, or (3) any order of a court shall be guilty of a misdemeanor punishable by confinement in jail for not more than 12 months and a fine of not less than $2,500 nor more than $32,500, either or both. Any person who knowingly violates (A) any provision of this chapter, any regulation or order of the Board, or any condition of a certificate or land-disturbance approval of the Board, (B) any land-disturbance approval, ordinance, or order of a locality serving as a Virginia Erosion and Stormwater Management Program authority, or (C) 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 or knowingly renders inaccurate any monitoring device or method required to be maintained 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 12 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":250560,"text":"Except as otherwise provided in this chapter, 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 15 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 $1 million 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":250561,"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":15222,"edition_id":1,"name":"Offenses and Penalties","identifier":"6","label":"article","depth":3,"order_by":1,"parent_id":13014,"metadata":{},"date_created":"2026-06-26 03:53:08","date_modified":"2026-06-26 03:53:08","permalink":{"id":270013,"object_type":"structure","relational_id":15222,"identifier":"6","token":"62.1\/3.1\/6","url":"\/62.1\/3.1\/6\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13014,"edition_id":1,"name":"State Water Control Law","identifier":"3.1","label":"chapter","depth":2,"order_by":1,"parent_id":12909,"metadata":{},"date_created":"2026-06-26 03:44:08","date_modified":"2026-06-26 03:44:08","permalink":{"id":269169,"object_type":"structure","relational_id":13014,"identifier":"3.1","token":"62.1\/3.1","url":"\/62.1\/3.1\/","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":57966,"structure_id":15222,"section_number":"62.1-44.31","catch_line":"Violation of order or certificate or failure to cooperate with Board","url":"\/62.1-44.31\/","token":"62.1\/3.1\/6\/62.1-44.31","metadata":false},{"id":69253,"structure_id":15222,"section_number":"62.1-44.32","catch_line":"Penalties","url":"\/62.1-44.32\/","token":"62.1\/3.1\/6\/62.1-44.32","metadata":false}],"previous_section":{"id":57966,"structure_id":15222,"section_number":"62.1-44.31","catch_line":"Violation of order or certificate or failure to cooperate with Board","url":"\/62.1-44.31\/","token":"62.1\/3.1\/6\/62.1-44.31","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/62.1-44.32\/","history_text":"<p>The record of this law\u2019s original creation isn\u2019t available online. It has been modified 12 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 1968, chapter 659; in 1970, chapter 638; in 1974, chapter 237; in 1977, chapter 263; in 1980, chapter 378; in 1981, chapters 582 and 596; in 1989, chapter 627; in 1990, chapters 13 and 717; in 1991, chapter 718; in 2005, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?051+ful+CHAP0706\">706<\/a>; in 2013, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?131+ful+CHAP0756\">756<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?131+ful+CHAP0793\">793<\/a>; in 2016, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?161+ful+CHAP0068\">68<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?161+ful+CHAP0758\">758<\/a>.<\/p>","references":[{"id":73108,"section_number":"10.1-2500","catch_line":"Virginia Environmental Emergency Response Fund established","order_by":null,"url":"\/10.1-2500\/"},{"id":87268,"section_number":"15.2-2122","catch_line":"Localities authorized to establish, etc., sewage disposal system; incidental powers","order_by":null,"url":"\/15.2-2122\/"},{"id":71434,"section_number":"19.2-8","catch_line":"Limitation of prosecutions","order_by":null,"url":"\/19.2-8\/"},{"id":66759,"section_number":"32.1-164","catch_line":"Powers and duties of Board; regulations; fees; onsite soil evaluators; letters in lieu of permits; inspections; civil penalties","order_by":null,"url":"\/32.1-164\/"},{"id":65795,"section_number":"45.2-1029","catch_line":" National Pollutant Discharge Elimination System permits","order_by":null,"url":"\/45.2-1029\/"},{"id":56006,"section_number":"62.1-44.15","catch_line":"Powers and duties; civil penalties","order_by":null,"url":"\/62.1-44.15\/"},{"id":71859,"section_number":"62.1-44.15:48","catch_line":"Penalties, injunctions, and other legal actions","order_by":null,"url":"\/62.1-44.15_48\/"},{"id":82760,"section_number":"62.1-44.15:49","catch_line":"Enforcement authority of MS4 localities","order_by":null,"url":"\/62.1-44.15_49\/"},{"id":73051,"section_number":"62.1-44.17:1","catch_line":"Permits for confined animal feeding operations","order_by":null,"url":"\/62.1-44.17_1\/"},{"id":83087,"section_number":"62.1-44.17:1.1","catch_line":"Poultry waste management program","order_by":null,"url":"\/62.1-44.17_1.1\/"},{"id":75666,"section_number":"62.1-44.18:2","catch_line":"When Board may prohibit discharge; permits","order_by":null,"url":"\/62.1-44.18_2\/"}],"refers_to":[{"id":73108,"section_number":"10.1-2500","catch_line":"Virginia Environmental Emergency Response Fund established","order_by":null,"url":"\/10.1-2500\/"},{"id":71282,"section_number":"62.1-44.15:24","catch_line":"Definitions","order_by":null,"url":"\/62.1-44.15_24\/"},{"id":59976,"section_number":"62.1-44.15:51","catch_line":"Definitions","order_by":null,"url":"\/62.1-44.15_51\/"},{"id":72347,"section_number":"62.1-44.15:67","catch_line":"Cooperative state-local program","order_by":null,"url":"\/62.1-44.15_67\/"},{"id":81622,"section_number":"62.1-44.34:10","catch_line":"Definitions","order_by":null,"url":"\/62.1-44.34_10\/"},{"id":59286,"section_number":"62.1-44.34:8","catch_line":"Definitions","order_by":null,"url":"\/62.1-44.34_8\/"}],"permalink":{"id":270019,"object_type":"law","relational_id":69253,"identifier":"62.1-44.32","token":"62.1\/3.1\/6\/62.1-44.32","url":"\/62.1-44.32\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/62.1-44.32\/","token":"62.1\/3.1\/6\/62.1-44.32","dublin_core":{"Title":"Penalties","Type":"Text","Format":"text\/html","Identifier":"\u00a7 62.1-44.32","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section id=\"a\"><p><span class=\"prefix-number\">a.<\/span> Except as otherwise provided in this chapter, any <span class=\"dictionary\">person<\/span> who violates any provision of this chapter, or who fails, neglects, or refuses to comply with any <span class=\"dictionary\">regulation<\/span>, <span class=\"dictionary\">certificate<\/span>, <span class=\"dictionary\">land-disturbance approval<\/span>, or <span class=\"dictionary\">order<\/span> of the <span class=\"dictionary\">Board<\/span>, or <span class=\"dictionary\">order<\/span> of a <span class=\"dictionary\">court<\/span>, issued as herein provided, shall be subject to a civil <span class=\"dictionary\">penalty<\/span> not to exceed $32,500 for each violation within the discretion of the <span class=\"dictionary\">court<\/span>. Each day of violation of each requirement shall constitute a separate <span class=\"dictionary\">offense<\/span>. 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 (&#xA7; <a class=\"law\" title=\"Virginia Environmental Emergency Response Fund established\" href=\"\/10.1-2500\/\">10.1-2500<\/a> et seq.) of Title 10.1, excluding penalties assessed for violations of Article 2.3 (&#xA7; <a class=\"law\" title=\"Definitions\" href=\"\/62.1-44.15_24\/\">62.1-44.15:24<\/a> et seq.), 2.4 (&#xA7; <a class=\"law\" title=\"Definitions\" href=\"\/62.1-44.15_51\/\">62.1-44.15:51<\/a> et seq.), 2.5 (&#xA7; <a class=\"law\" title=\"Cooperative state-local program\" href=\"\/62.1-44.15_67\/\">62.1-44.15:67<\/a> et seq.), 9 (&#xA7; <a class=\"law\" title=\"Definitions\" href=\"\/62.1-44.34_8\/\">62.1-44.34:8<\/a> et seq.), or 10 (&#xA7; <a class=\"law\" title=\"Definitions\" href=\"\/62.1-44.34_10\/\">62.1-44.34:10<\/a> et seq.) of Chapter 3.1 of Title 62.1, or a <span class=\"dictionary\">regulation<\/span>, administrative or judicial <span class=\"dictionary\">order<\/span>, or term or condition of approval relating to or issued under those articles.\n\t\t\tSuch civil penalties may, in the discretion of the <span class=\"dictionary\">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 <span class=\"dictionary\">pollution<\/span> therein in such manner as the <span class=\"dictionary\">court<\/span> may, by <span class=\"dictionary\">order<\/span>, direct, except that where the <span class=\"dictionary\">owner<\/span> in violation is such county, city, or town itself, or its agent, the <span class=\"dictionary\">court<\/span> shall direct such <span class=\"dictionary\">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 Title 10.1, excluding penalties assessed for violations of Article 2.3, 2.4, 2.5, 9, or 10 of Chapter 3.1 of Title 62.1, or a <span class=\"dictionary\">regulation<\/span>, administrative or judicial <span class=\"dictionary\">order<\/span>, or term or condition of approval relating to or issued under those articles.\n\t\t\tIn the event that a county, city, or town, or its agent, is the <span class=\"dictionary\">owner<\/span>, such county, city, or town, or its agent, may initiate a <span class=\"dictionary\">civil action<\/span> against any user or users of a waste water treatment facility to recover that portion of any civil <span class=\"dictionary\">penalty<\/span> imposed against the <span class=\"dictionary\">owner<\/span> proximately resulting from the act or acts of such user or users in violation of any applicable federal, state, or local requirements. <a id=\"paragraph-250558\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/62.1-44.32\/#a\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"b\"><p><span class=\"prefix-number\">b.<\/span> Except as otherwise provided in this chapter, any <span class=\"dictionary\">person<\/span> who willfully or negligently violates (1) any provision of this chapter, any <span class=\"dictionary\">regulation<\/span> or <span class=\"dictionary\">order<\/span> of the <span class=\"dictionary\">Board<\/span>, or any condition of a <span class=\"dictionary\">certificate<\/span> or <span class=\"dictionary\">land-disturbance approval<\/span> of the <span class=\"dictionary\">Board<\/span>, (2) any <span class=\"dictionary\">land-disturbance approval<\/span>, <span class=\"dictionary\">ordinance<\/span>, or <span class=\"dictionary\">order<\/span> of a locality serving as a Virginia Erosion and Stormwater Management Program authority, or (3) any <span class=\"dictionary\">order<\/span> of a <span class=\"dictionary\">court<\/span> shall be guilty of a <span class=\"dictionary\">misdemeanor<\/span> punishable by confinement in jail for not more than 12 months and a fine of not less than $2,500 nor more than $32,500, either or both. Any <span class=\"dictionary\">person<\/span> who knowingly violates (A) any provision of this chapter, any <span class=\"dictionary\">regulation<\/span> or <span class=\"dictionary\">order<\/span> of the <span class=\"dictionary\">Board<\/span>, or any condition of a <span class=\"dictionary\">certificate<\/span> or <span class=\"dictionary\">land-disturbance approval<\/span> of the <span class=\"dictionary\">Board<\/span>, (B) any <span class=\"dictionary\">land-disturbance approval<\/span>, <span class=\"dictionary\">ordinance<\/span>, or <span class=\"dictionary\">order<\/span> of a locality serving as a Virginia Erosion and Stormwater Management Program authority, or (C) any <span class=\"dictionary\">order<\/span> of a <span class=\"dictionary\">court<\/span> issued as herein provided, or who knowingly makes any false statement in any form required to be submitted under this chapter or knowingly renders inaccurate any monitoring device or method required to be maintained under this chapter, shall be guilty of a <span class=\"dictionary\">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 <span class=\"dictionary\">jury<\/span> or the <span class=\"dictionary\">court<\/span> trying the case without a <span class=\"dictionary\">jury<\/span>, confinement in jail for not more than 12 months and a fine of not less than $5,000 nor more than $50,000 for each violation. Any <span class=\"dictionary\">defendant<\/span> that is not an individual shall, upon <span class=\"dictionary\">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 <span class=\"dictionary\">offense<\/span>. <a id=\"paragraph-250559\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/62.1-44.32\/#b\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"c\"><p><span class=\"prefix-number\">c.<\/span> Except as otherwise provided in this chapter, any <span class=\"dictionary\">person<\/span> who knowingly violates any provision of this chapter, and who knows at that time that he thereby places another <span class=\"dictionary\">person<\/span> in imminent danger of death or serious bodily harm, shall, upon <span class=\"dictionary\">conviction<\/span>, be guilty of a <span class=\"dictionary\">felony<\/span> punishable by a term of imprisonment of not less than two years nor more than 15 years and a fine of not more than $250,000, either or both. A <span class=\"dictionary\">defendant<\/span> that is not an individual shall, upon <span class=\"dictionary\">conviction<\/span> of a violation under this subsection, be sentenced to pay a fine not exceeding the greater of $1 million or an amount that is three times the economic benefit realized by the <span class=\"dictionary\">defendant<\/span> as a result of the <span class=\"dictionary\">offense<\/span>. The maximum <span class=\"dictionary\">penalty<\/span> shall be doubled with respect to both fine and imprisonment for any subsequent <span class=\"dictionary\">conviction<\/span> of the same <span class=\"dictionary\">person<\/span> under this subsection. <a id=\"paragraph-250560\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/62.1-44.32\/#c\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"d\"><p><span class=\"prefix-number\">d.<\/span> Criminal <span class=\"dictionary\">prosecution<\/span> under this section shall be commenced within three years of <span class=\"dictionary\">discovery<\/span> of the <span class=\"dictionary\">offense<\/span>, notwithstanding the limitations provided in any other <span class=\"dictionary\">statute<\/span>. <a id=\"paragraph-250561\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/62.1-44.32\/#d\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nPENALTIES (\u00a7 62.1-44.32)\n\na. Except as otherwise provided in this chapter, any person who violates any\nprovision of this chapter, or who fails, neglects, or refuses to comply with any\nregulation, certificate, land-disturbance approval, or order of the Board, or\norder of a court, issued as herein provided, shall be subject to a civil penalty\nnot to exceed $32,500 for each violation within the discretion of the court.\nEach day of violation of each requirement shall constitute a separate offense.\nSuch civil penalties shall be paid into the state treasury and deposited by the\nState Treasurer into the Virginia Environmental Emergency Response Fund pursuant\nto Chapter 25 (&#xA7; 10.1-2500 et seq.) of Title 10.1, excluding penalties\nassessed for violations of Article 2.3 (&#xA7; 62.1-44.15:24 et seq.), 2.4\n(&#xA7; 62.1-44.15:51 et seq.), 2.5 (&#xA7; 62.1-44.15:67 et seq.), 9 (&#xA7;\n62.1-44.34:8 et seq.), or 10 (&#xA7; 62.1-44.34:10 et seq.) of Chapter 3.1 of\nTitle 62.1, or a regulation, administrative or judicial order, or term or\ncondition of approval relating to or issued under those articles.\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\npollution therein in such manner as the court may, by order, direct, except that\nwhere the owner in violation is such county, city, or town itself, or its agent,\nthe court shall direct such penalty to be paid into the state treasury and\ndeposited by the State Treasurer into the Virginia Environmental Emergency\nResponse Fund pursuant to Chapter 25 of Title 10.1, excluding penalties assessed\nfor violations of Article 2.3, 2.4, 2.5, 9, or 10 of Chapter 3.1 of Title 62.1,\nor a regulation, administrative or judicial order, or term or condition of\napproval relating to or issued under those articles.\n\t\t\tIn the event that a county, city, or town, or its agent, is the owner, such\ncounty, city, or town, or its agent, may initiate a civil action against any\nuser or users of a waste water treatment facility to recover that portion of any\ncivil penalty imposed against the owner proximately resulting from the act or\nacts of such user or users in violation of any applicable federal, state, or\nlocal requirements.\n\nb. Except as otherwise provided in this chapter, any person who willfully or\nnegligently violates (1) any provision of this chapter, any regulation or order\nof the Board, or any condition of a certificate or land-disturbance approval of\nthe Board, (2) any land-disturbance approval, ordinance, or order of a locality\nserving as a Virginia Erosion and Stormwater Management Program authority, or\n(3) any order of a court shall be guilty of a misdemeanor punishable by\nconfinement in jail for not more than 12 months and a fine of not less than\n$2,500 nor more than $32,500, either or both. Any person who knowingly violates\n(A) any provision of this chapter, any regulation or order of the Board, or any\ncondition of a certificate or land-disturbance approval of the Board, (B) any\nland-disturbance approval, ordinance, or order of a locality serving as a\nVirginia Erosion and Stormwater Management Program authority, or (C) any order\nof a court issued as herein provided, or who knowingly makes any false statement\nin any form required to be submitted under this chapter or knowingly renders\ninaccurate any monitoring device or method required to be maintained under this\nchapter, shall be guilty of a felony punishable by a term of imprisonment of not\nless than one year nor more than three years, or in the discretion of the jury\nor the court trying the case without a jury, confinement in jail for not more\nthan 12 months and a fine of not less than $5,000 nor more than $50,000 for each\nviolation. Any defendant that is not an individual shall, upon conviction of a\nviolation under this subsection, be sentenced to pay a fine of not less than\n$10,000. Each day of violation of each requirement shall constitute a separate\noffense.\n\nc. Except as otherwise provided in this chapter, any person who knowingly\nviolates any provision of this chapter, and who knows at that time that he\nthereby places another person in imminent danger of death or serious bodily\nharm, shall, upon conviction, be guilty of a felony punishable by a term of\nimprisonment of not less than two years nor more than 15 years and a fine of not\nmore than $250,000, either or both. A defendant that is not an individual shall,\nupon conviction of a violation under this subsection, be sentenced to pay a fine\nnot exceeding the greater of $1 million or an amount that is three times the\neconomic benefit realized by the defendant as a result of the offense. The\nmaximum penalty shall be doubled with respect to both fine and imprisonment for\nany subsequent conviction of the same person 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: Code 1950, \u00a7 62.1-44; 1968, c. 659; 1970, c. 638; 1974, c. 237; 1977,\nc. 263; 1980, c. 378; 1981, cc. 582, 596; 1989, c. 627; 1990, cc. 13, 717; 1991,\nc. 718; 2005, c. 706; 2013, cc. 756, 793; 2016, cc. 68, 758.","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}}