{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/62.1-44.34_20.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/62.1-44.34_20.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/62.1-44.34_20.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/62.1-44.34_20.html"}],"law_id":69301,"edition_id":1,"section_id":69301,"structure_id":14927,"section_number":"62.1-44.34:20","catch_line":"Enforcement and penalties","history":"1990, c. 917; 1992, c. 456; 2005, c. 706.","full_text":"A\n\nUpon a finding of a violation of this article or a regulation or term or condition of approval issued pursuant to this article, the Board is authorized to issue a special order requiring any person to cease and desist from causing or permitting such violation or requiring any person to comply with any such provision, regulation or term or condition of approval. Such special orders shall be issued only after notice and an opportunity for hearing except that, if the Board finds that any discharge in violation of this article poses a serious threat to (i) the public health, safety or welfare or the health of animals, fish, botanic or aquatic life; (ii) a public water supply; or (iii) recreational, commercial, industrial, agricultural or other reasonable uses, the Board may issue, without advance notice or hearing, an emergency special order requiring the operator of any facility, vehicle or vessel to cease such discharge immediately, to implement any applicable contingency plan and to effect containment and cleanup. Such emergency special order may also require the operator of a facility to modify or cease regular operation of the facility, or any portion thereof, until the Board determines that continuing regular operation of the facility, or such portion thereof, will not pose a substantial threat of additional or continued discharges. The Board shall affirm, modify, amend or cancel any such emergency order after providing notice and opportunity for hearing to the operator charged with the violation. The notice of the hearing and the emergency order shall be issued at the same time. If an operator who has been issued such a special order or an emergency special order is not complying with the terms thereof, the Board may proceed in accordance with subsection B of this section, and where the order is based on a finding of an imminent and substantial danger, the court shall issue an injunction compelling compliance with the emergency special order pending a hearing by the Board. If an emergency special order requires modification or cessation of operations, the Board shall provide an opportunity for a hearing within 48 hours of the issuance of the injunction.B\n\nIn the event of a violation of this article or a regulation, administrative or judicial order, or term or condition of approval issued under this article, or in the event of failure to comply with a special order issued by the Board pursuant to this section, the Board is authorized to proceed by civil action to obtain an injunction of such violation, to obtain such affirmative equitable relief as is appropriate and to recover all costs, damages and civil penalties resulting from such violation or failure to comply. The Board shall be entitled to an award of reasonable attorneys’ fees and costs in any action in which it is a prevailing party.C\n\nAny person who violates or causes or permits to be violated a provision of this article, or a regulation, administrative or judicial order, or term or condition of approval issued under this article, shall be subject to a civil penalty for each such violation as follows:1\n\nFor failing to obtain approval of an oil discharge contingency plan as required by § 62.1-44.34:15, not less than $1,000 nor more than $50,000 for the initial violation, and $5,000 per day for each day of violation thereafter;2\n\nFor failing to maintain evidence of financial responsibility as required by § 62.1-44.34:16, not less than $1,000 nor more than $100,000 for the initial violation, and $5,000 per day for each day of violation thereafter;3\n\nFor discharging or causing or permitting a discharge of oil into or upon state waters, or owning or operating any facility, vessel or vehicle from which such discharge originates in violation of § 62.1-44.34:18, up to $100 per gallon of oil discharged;4\n\nFor failing to cooperate in containment and cleanup of a discharge as required by § 62.1-44.34:18 or for failing to report a discharge as required by § 62.1-44.34:19, not less than $1,000 nor more than $50,000 for the initial violation, and $10,000 for each day of violation thereafter; and5\n\nFor violating or causing or permitting to be violated any other provision of this article, or a regulation, administrative or judicial order, or term or condition of approval issued under this article, up to $32,500 for each violation. Each day of violation of each requirement shall constitute a separate offense.D\n\nCivil penalties may be assessed under this article either by a court in an action brought by the Board pursuant to this section, as specified in § 62.1-44.15, or with the consent of the person charged, in a special order issued by the Board. All penalties shall be paid into the state treasury and deposited by the State Treasurer into the Virginia Underground Petroleum Storage Tank Fund as established in § 62.1-44.34:11. In determining the amount of any penalty, consideration shall be given to the willfulness of the violation, any history of noncompliance, the actions of the person in reporting, containing and cleaning up any discharge or threat of discharge, the damage or injury to state waters or the impairment of their beneficial use, the cost of containment and cleanup, the nature and degree of injury to or interference with general health, welfare and property, and the available technology for preventing, containing, reducing or eliminating the discharge.E\n\nAny person who knowingly violates, or causes or permits to be violated, a provision of this article, or a regulation, administrative or judicial order, or term or condition of approval issued under this article shall be guilty of a misdemeanor punishable by confinement in jail for not more than 12 months and a fine of not more than $100,000, either or both. Any person who knowingly or willfully makes any false statement, representation or certification in any application, record, report, plan or other document filed or required to be maintained by this article or by administrative or judicial order issued under this article shall be guilty of a felony punishable by a term of imprisonment of not less than one nor more than three years and a fine of not more than $100,000, either or both. In the case of a discharge of oil into or upon state waters:1\n\nAny person who negligently discharges or negligently causes or permits such discharge shall be guilty of a misdemeanor punishable by confinement in jail for not more than 12 months and a fine of not more than $50,000, either or both.2\n\nAny person who knowingly and willfully discharges or knowingly and willfully causes or permits such discharge shall be guilty of a felony punishable by a term of imprisonment of not less than one year nor more than 10 years and a fine of not more than $100,000, either or both.F\n\nEach day of violation of each requirement shall constitute a separate offense. In the event the violation of this article follows a prior felony conviction under subdivision E 2 of this section, such violation shall constitute a felony and shall be punishable by a term of imprisonment of not less than two years nor more than 10 years and a fine of not more than $200,000, either or both.G\n\nUpon conviction for a violation of any provision of this article, or a regulation, administrative or judicial order, or term or condition of approval issued under this article, a defendant who is not an individual shall be sentenced to pay a fine not exceeding the greater of:1\n\n$1 million; or2\n\nAn amount that is three times the economic benefit, if any, realized by the defendant as a result of the offense.H\n\nAny tank vessel entering upon state waters which fails to provide evidence of financial responsibility required by § 62.1-44.34:16, and any vessel from which oil is discharged into or upon state waters, may be detained and held as security for payment to the Commonwealth of any damages or penalties assessed under this section. Such damages and penalties shall constitute a lien on the vessel and the lien shall secure all costs of containment and cleanup, damages, fines and penalties, as the case may be, for which the operator may be liable. The vessel shall be released upon posting of a bond with surety in the maximum amount of such damages or penalties.","order_by":null,"text":{"0":{"id":250673,"text":"Upon a finding of a violation of this article or a regulation or term or condition of approval issued pursuant to this article, the Board is authorized to issue a special order requiring any person to cease and desist from causing or permitting such violation or requiring any person to comply with any such provision, regulation or term or condition of approval. Such special orders shall be issued only after notice and an opportunity for hearing except that, if the Board finds that any discharge in violation of this article poses a serious threat to (i) the public health, safety or welfare or the health of animals, fish, botanic or aquatic life; (ii) a public water supply; or (iii) recreational, commercial, industrial, agricultural or other reasonable uses, the Board may issue, without advance notice or hearing, an emergency special order requiring the operator of any facility, vehicle or vessel to cease such discharge immediately, to implement any applicable contingency plan and to effect containment and cleanup. Such emergency special order may also require the operator of a facility to modify or cease regular operation of the facility, or any portion thereof, until the Board determines that continuing regular operation of the facility, or such portion thereof, will not pose a substantial threat of additional or continued discharges. The Board shall affirm, modify, amend or cancel any such emergency order after providing notice and opportunity for hearing to the operator charged with the violation. The notice of the hearing and the emergency order shall be issued at the same time. If an operator who has been issued such a special order or an emergency special order is not complying with the terms thereof, the Board may proceed in accordance with subsection B of this section, and where the order is based on a finding of an imminent and substantial danger, the court shall issue an injunction compelling compliance with the emergency special order pending a hearing by the Board. If an emergency special order requires modification or cessation of operations, the Board shall provide an opportunity for a hearing within 48 hours of the issuance of the injunction.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":250674,"text":"In the event of a violation of this article or a regulation, administrative or judicial order, or term or condition of approval issued under this article, or in the event of failure to comply with a special order issued by the Board pursuant to this section, the Board is authorized to proceed by civil action to obtain an injunction of such violation, to obtain such affirmative equitable relief as is appropriate and to recover all costs, damages and civil penalties resulting from such violation or failure to comply. The Board shall be entitled to an award of reasonable attorneys’ fees and costs in any action in which it is a prevailing party.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":250675,"text":"Any person who violates or causes or permits to be violated a provision of this article, or a regulation, administrative or judicial order, or term or condition of approval issued under this article, shall be subject to a civil penalty for each such violation as follows:","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"C1"},"3":{"id":250676,"text":"For failing to obtain approval of an oil discharge contingency plan as required by § 62.1-44.34:15, not less than $1,000 nor more than $50,000 for the initial violation, and $5,000 per day for each day of violation thereafter;","type":"section","prefixes":["C","1"],"prefix":"1","entire_prefix":"C1","prefix_anchor":"C1","level":2,"prior_prefix":"C","next_prefix":"C2"},"4":{"id":250677,"text":"For failing to maintain evidence of financial responsibility as required by § 62.1-44.34:16, not less than $1,000 nor more than $100,000 for the initial violation, and $5,000 per day for each day of violation thereafter;","type":"section","prefixes":["C","2"],"prefix":"2","entire_prefix":"C2","prefix_anchor":"C2","level":2,"prior_prefix":"C1","next_prefix":"C3"},"5":{"id":250678,"text":"For discharging or causing or permitting a discharge of oil into or upon state waters, or owning or operating any facility, vessel or vehicle from which such discharge originates in violation of § 62.1-44.34:18, up to $100 per gallon of oil discharged;","type":"section","prefixes":["C","3"],"prefix":"3","entire_prefix":"C3","prefix_anchor":"C3","level":2,"prior_prefix":"C2","next_prefix":"C4"},"6":{"id":250679,"text":"For failing to cooperate in containment and cleanup of a discharge as required by § 62.1-44.34:18 or for failing to report a discharge as required by § 62.1-44.34:19, not less than $1,000 nor more than $50,000 for the initial violation, and $10,000 for each day of violation thereafter; and","type":"section","prefixes":["C","4"],"prefix":"4","entire_prefix":"C4","prefix_anchor":"C4","level":2,"prior_prefix":"C3","next_prefix":"C5"},"7":{"id":250680,"text":"For violating or causing or permitting to be violated any other provision of this article, or a regulation, administrative or judicial order, or term or condition of approval issued under this article, up to $32,500 for each violation. Each day of violation of each requirement shall constitute a separate offense.","type":"section","prefixes":["C","5"],"prefix":"5","entire_prefix":"C5","prefix_anchor":"C5","level":2,"prior_prefix":"C4","next_prefix":"D"},"8":{"id":250681,"text":"Civil penalties may be assessed under this article either by a court in an action brought by the Board pursuant to this section, as specified in § 62.1-44.15, or with the consent of the person charged, in a special order issued by the Board. All penalties shall be paid into the state treasury and deposited by the State Treasurer into the Virginia Underground Petroleum Storage Tank Fund as established in § 62.1-44.34:11. In determining the amount of any penalty, consideration shall be given to the willfulness of the violation, any history of noncompliance, the actions of the person in reporting, containing and cleaning up any discharge or threat of discharge, the damage or injury to state waters or the impairment of their beneficial use, the cost of containment and cleanup, the nature and degree of injury to or interference with general health, welfare and property, and the available technology for preventing, containing, reducing or eliminating the discharge.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C5","next_prefix":"E"},"9":{"id":250682,"text":"Any person who knowingly violates, or causes or permits to be violated, a provision of this article, or a regulation, administrative or judicial order, or term or condition of approval issued under this article shall be guilty of a misdemeanor punishable by confinement in jail for not more than 12 months and a fine of not more than $100,000, either or both. Any person who knowingly or willfully makes any false statement, representation or certification in any application, record, report, plan or other document filed or required to be maintained by this article or by administrative or judicial order issued under this article shall be guilty of a felony punishable by a term of imprisonment of not less than one nor more than three years and a fine of not more than $100,000, either or both. In the case of a discharge of oil into or upon state waters:","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"E1"},"10":{"id":250683,"text":"Any person who negligently discharges or negligently causes or permits such discharge shall be guilty of a misdemeanor punishable by confinement in jail for not more than 12 months and a fine of not more than $50,000, either or both.","type":"section","prefixes":["E","1"],"prefix":"1","entire_prefix":"E1","prefix_anchor":"E1","level":2,"prior_prefix":"E","next_prefix":"E2"},"11":{"id":250684,"text":"Any person who knowingly and willfully discharges or knowingly and willfully causes or permits such discharge shall be guilty of a felony punishable by a term of imprisonment of not less than one year nor more than 10 years and a fine of not more than $100,000, either or both.","type":"section","prefixes":["E","2"],"prefix":"2","entire_prefix":"E2","prefix_anchor":"E2","level":2,"prior_prefix":"E1","next_prefix":"F"},"12":{"id":250685,"text":"Each day of violation of each requirement shall constitute a separate offense. In the event the violation of this article follows a prior felony conviction under subdivision E 2 of this section, such violation shall constitute a felony and shall be punishable by a term of imprisonment of not less than two years nor more than 10 years and a fine of not more than $200,000, either or both.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E2","next_prefix":"G"},"13":{"id":250686,"text":"Upon conviction for a violation of any provision of this article, or a regulation, administrative or judicial order, or term or condition of approval issued under this article, a defendant who is not an individual shall be sentenced to pay a fine not exceeding the greater of:","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"G1"},"14":{"id":250687,"text":"$1 million; or","type":"section","prefixes":["G","1"],"prefix":"1","entire_prefix":"G1","prefix_anchor":"G1","level":2,"prior_prefix":"G","next_prefix":"G2"},"15":{"id":250688,"text":"An amount that is three times the economic benefit, if any, realized by the defendant as a result of the offense.","type":"section","prefixes":["G","2"],"prefix":"2","entire_prefix":"G2","prefix_anchor":"G2","level":2,"prior_prefix":"G1","next_prefix":"H"},"16":{"id":250689,"text":"Any tank vessel entering upon state waters which fails to provide evidence of financial responsibility required by § 62.1-44.34:16, and any vessel from which oil is discharged into or upon state waters, may be detained and held as security for payment to the Commonwealth of any damages or penalties assessed under this section. Such damages and penalties shall constitute a lien on the vessel and the lien shall secure all costs of containment and cleanup, damages, fines and penalties, as the case may be, for which the operator may be liable. The vessel shall be released upon posting of a bond with surety in the maximum amount of such damages or penalties.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G2"}},"ancestry":[{"id":14927,"edition_id":1,"name":"Discharge of Oil Into Waters","identifier":"11","label":"article","depth":3,"order_by":1,"parent_id":13014,"metadata":{},"date_created":"2026-06-26 03:50:50","date_modified":"2026-06-26 03:50:50","permalink":{"id":269219,"object_type":"structure","relational_id":14927,"identifier":"11","token":"62.1\/3.1\/11","url":"\/62.1\/3.1\/11\/","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":82013,"structure_id":14927,"section_number":"62.1-44.34:14","catch_line":"Definitions","url":"\/62.1-44.34_14\/","token":"62.1\/3.1\/11\/62.1-44.34_14","metadata":false},{"id":76513,"structure_id":14927,"section_number":"62.1-44.34:15","catch_line":"Oil discharge contingency plans","url":"\/62.1-44.34_15\/","token":"62.1\/3.1\/11\/62.1-44.34_15","metadata":false},{"id":78401,"structure_id":14927,"section_number":"62.1-44.34:15.1","catch_line":"Regulations for aboveground storage tanks","url":"\/62.1-44.34_15.1\/","token":"62.1\/3.1\/11\/62.1-44.34_15.1","metadata":false},{"id":62684,"structure_id":14927,"section_number":"62.1-44.34:16","catch_line":"Financial responsibility for vessels and facilities","url":"\/62.1-44.34_16\/","token":"62.1\/3.1\/11\/62.1-44.34_16","metadata":false},{"id":73860,"structure_id":14927,"section_number":"62.1-44.34:17","catch_line":"Exemptions","url":"\/62.1-44.34_17\/","token":"62.1\/3.1\/11\/62.1-44.34_17","metadata":false},{"id":76130,"structure_id":14927,"section_number":"62.1-44.34:18","catch_line":"Discharge of oil prohibited; liability for permitting discharge","url":"\/62.1-44.34_18\/","token":"62.1\/3.1\/11\/62.1-44.34_18","metadata":false},{"id":70352,"structure_id":14927,"section_number":"62.1-44.34:19","catch_line":"Reporting of discharge","url":"\/62.1-44.34_19\/","token":"62.1\/3.1\/11\/62.1-44.34_19","metadata":false},{"id":56968,"structure_id":14927,"section_number":"62.1-44.34:19.1","catch_line":"Registration of aboveground storage tanks","url":"\/62.1-44.34_19.1\/","token":"62.1\/3.1\/11\/62.1-44.34_19.1","metadata":false},{"id":71617,"structure_id":14927,"section_number":"62.1-44.34:19.2","catch_line":"Recordkeeping and access to records and facilities","url":"\/62.1-44.34_19.2\/","token":"62.1\/3.1\/11\/62.1-44.34_19.2","metadata":false},{"id":69301,"structure_id":14927,"section_number":"62.1-44.34:20","catch_line":"Enforcement and penalties","url":"\/62.1-44.34_20\/","token":"62.1\/3.1\/11\/62.1-44.34_20","metadata":false},{"id":60531,"structure_id":14927,"section_number":"62.1-44.34:21","catch_line":"Administrative fees","url":"\/62.1-44.34_21\/","token":"62.1\/3.1\/11\/62.1-44.34_21","metadata":false},{"id":72481,"structure_id":14927,"section_number":"62.1-44.34:22","catch_line":"Applicability of Administrative Process Act","url":"\/62.1-44.34_22\/","token":"62.1\/3.1\/11\/62.1-44.34_22","metadata":false},{"id":67138,"structure_id":14927,"section_number":"62.1-44.34:23","catch_line":"Exceptions","url":"\/62.1-44.34_23\/","token":"62.1\/3.1\/11\/62.1-44.34_23","metadata":false}],"previous_section":{"id":71617,"structure_id":14927,"section_number":"62.1-44.34:19.2","catch_line":"Recordkeeping and access to records and facilities","url":"\/62.1-44.34_19.2\/","token":"62.1\/3.1\/11\/62.1-44.34_19.2","metadata":false},"next_section":{"id":60531,"structure_id":14927,"section_number":"62.1-44.34:21","catch_line":"Administrative fees","url":"\/62.1-44.34_21\/","token":"62.1\/3.1\/11\/62.1-44.34_21","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/62.1-44.34:20\/","history_text":"

This law was first created in 1990. The record of its establishment is cataloged in chapter 917 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 1990 \u201cActs\u201d aren\u2019t available online. It has been modified 2 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 1992, chapter 456; in 2005, chapter 706<\/a>.<\/p>","references":[{"id":86378,"section_number":"62.1-44.14","catch_line":"Chairman; Executive Director; employment of personnel; supervision; budget preparation","order_by":null,"url":"\/62.1-44.14\/"}],"refers_to":[{"id":56006,"section_number":"62.1-44.15","catch_line":"Powers and duties; civil penalties","order_by":null,"url":"\/62.1-44.15\/"},{"id":75515,"section_number":"62.1-44.34:11","catch_line":"Virginia Petroleum Storage Tank Fund","order_by":null,"url":"\/62.1-44.34_11\/"},{"id":76513,"section_number":"62.1-44.34:15","catch_line":"Oil discharge contingency plans","order_by":null,"url":"\/62.1-44.34_15\/"},{"id":62684,"section_number":"62.1-44.34:16","catch_line":"Financial responsibility for vessels and facilities","order_by":null,"url":"\/62.1-44.34_16\/"},{"id":76130,"section_number":"62.1-44.34:18","catch_line":"Discharge of oil prohibited; liability for permitting discharge","order_by":null,"url":"\/62.1-44.34_18\/"},{"id":70352,"section_number":"62.1-44.34:19","catch_line":"Reporting of discharge","order_by":null,"url":"\/62.1-44.34_19\/"}],"permalink":{"id":269257,"object_type":"law","relational_id":69301,"identifier":"62.1-44.34:20","token":"62.1\/3.1\/11\/62.1-44.34_20","url":"\/62.1-44.34_20\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/62.1-44.34_20\/","token":"62.1\/3.1\/11\/62.1-44.34_20","dublin_core":{"Title":"Enforcement and penalties","Type":"Text","Format":"text\/html","Identifier":"\u00a7 62.1-44.34:20","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Upon a finding<\/span> of a violation of this article or a regulation<\/span> or term or condition of approval issued pursuant to this article, the Board<\/span> is authorized to issue<\/span> a special order<\/span> requiring any person<\/span> to cease and desist from causing or permitting such violation or requiring any person<\/span> to comply with any such provision, regulation<\/span> or term or condition of approval. Such special orders<\/span> shall be issued only after notice and an opportunity for hearing<\/span> except that, if the Board<\/span> finds that any discharge<\/span> in violation of this article poses a serious threat to (i) the public health, safety or welfare or the health of animals, fish, botanic or aquatic life; (ii) a public water supply; or (iii) recreational, commercial, industrial, agricultural or other reasonable uses, the Board<\/span> may issue<\/span>, without advance notice or hearing<\/span>, an emergency special order<\/span> requiring the operator<\/span> of any facility<\/span>, vehicle<\/span> or vessel<\/span> to cease such discharge<\/span> immediately, to implement any applicable contingency plan and to effect containment and cleanup<\/span>. Such emergency special order<\/span> may also require the operator<\/span> of a facility<\/span> to modify or cease regular operation of the facility<\/span>, or any portion thereof, until the Board<\/span> determines that continuing regular operation of the facility<\/span>, or such portion thereof, will not pose a substantial threat of additional or continued discharges<\/span>. The Board<\/span> shall affirm<\/span>, modify, amend<\/span> or cancel any such emergency order after providing notice and opportunity for hearing<\/span> to the operator<\/span> charged with the violation. The notice of the hearing<\/span> and the emergency order shall be issued at the same time. If an operator<\/span> who has been issued such a special order<\/span> or an emergency special order<\/span> is not complying with the terms thereof, the Board<\/span> may proceed in accordance with subsection B of this section, and where the order is based on a finding<\/span> of an imminent and substantial danger, the court<\/span> shall issue<\/span> an injunction<\/span> compelling compliance with the emergency special order<\/span> pending a hearing<\/span> by the Board<\/span>. If an emergency special order<\/span> requires modification or cessation of operations, the Board<\/span> shall provide an opportunity for a hearing<\/span> within 48 hours of the issuance of the injunction<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> In the event of a violation of this article or a regulation<\/span>, administrative or judicial order, or term or condition of approval issued under this article, or in the event of failure to comply with a special order<\/span> issued by the Board<\/span> pursuant to this section, the Board<\/span> is authorized to proceed by civil action<\/span> to obtain an injunction<\/span> of such violation, to obtain such affirmative equitable<\/span> relief as is appropriate and to recover all costs, damages<\/span> and civil penalties resulting from such violation or failure to comply. The Board<\/span> shall be entitled to an award of reasonable attorneys’ fees and costs in any action in which it is a prevailing party<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Any person<\/span> who violates or causes or permits to be violated a provision of this article, or a regulation<\/span>, administrative or judicial order, or term or condition of approval issued under this article, shall be subject to a civil penalty<\/span> for each such violation as follows: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> For failing to obtain approval of an oil<\/span> discharge<\/span> contingency plan as required by § 62.1-44.34:15<\/a>, not less than $1,000 nor more than $50,000 for the initial violation, and $5,000 per day for each day of violation thereafter; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> For failing to maintain evidence<\/span> of financial responsibility as required by § 62.1-44.34:16<\/a>, not less than $1,000 nor more than $100,000 for the initial violation, and $5,000 per day for each day of violation thereafter; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> For discharging or causing or permitting a discharge<\/span> of oil<\/span> into or upon state waters<\/span>, or owning or operating any facility<\/span>, vessel<\/span> or vehicle<\/span> from which such discharge<\/span> originates in violation of § 62.1-44.34:18<\/a>, up to $100 per gallon of oil<\/span> discharged; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> For failing to cooperate in containment and cleanup<\/span> of a discharge<\/span> as required by § 62.1-44.34:18<\/a> or for failing to report a discharge<\/span> as required by § 62.1-44.34:19<\/a>, not less than $1,000 nor more than $50,000 for the initial violation, and $10,000 for each day of violation thereafter; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> For violating or causing or permitting to be violated any other provision of this article, or a regulation<\/span>, administrative or judicial order, or term or condition of approval issued under this article, up to $32,500 for each violation. Each day of violation of each requirement shall constitute a separate offense<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Civil penalties may be assessed under this article either by a court<\/span> in an action brought by the Board<\/span> pursuant to this section, as specified in § 62.1-44.15<\/a>, or with the consent of the person<\/span> charged, in a special order<\/span> issued by the Board<\/span>. All penalties shall be paid into the state treasury and deposited by the State Treasurer into the Virginia Underground Petroleum Storage Tank<\/span> Fund as established in § 62.1-44.34:11<\/a>. In determining the amount of any penalty<\/span>, consideration shall be given to the willfulness of the violation, any history of noncompliance, the actions of the person<\/span> in reporting, containing and cleaning up any discharge<\/span> or threat of discharge<\/span>, the damage or injury to state waters<\/span> or the impairment of their beneficial use<\/span>, the cost of containment and cleanup<\/span>, the nature and degree of injury to or interference with general health, welfare and property, and the available technology for preventing, containing, reducing or eliminating the discharge<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Any person<\/span> who knowingly violates, or causes or permits to be violated, a provision of this article, or a regulation<\/span>, administrative or judicial order, or term or condition of approval issued under this article shall be guilty of a misdemeanor<\/span> punishable by confinement in jail for not more than 12 months and a fine of not more than $100,000, either or both. Any person<\/span> who knowingly or willfully makes any false statement, representation or certification in any application, record, report, plan or other document filed or required to be maintained by this article or by administrative or judicial order issued under this article shall be guilty of a felony<\/span> punishable by a term of imprisonment of not less than one nor more than three years and a fine of not more than $100,000, either or both. In the case of a discharge<\/span> of oil<\/span> into or upon state waters<\/span>: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Any person<\/span> who negligently discharges<\/span> or negligently causes or permits such discharge<\/span> shall be guilty of a misdemeanor<\/span> punishable by confinement in jail for not more than 12 months and a fine of not more than $50,000, either or both. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Any person<\/span> who knowingly and willfully discharges<\/span> or knowingly and willfully causes or permits such discharge<\/span> shall be guilty of a felony<\/span> punishable by a term of imprisonment of not less than one year nor more than 10 years and a fine of not more than $100,000, either or both. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> Each day of violation of each requirement shall constitute a separate offense<\/span>. In the event the violation of this article follows a prior felony<\/span> conviction<\/span> under subdivision E 2 of this section, such violation shall constitute a felony<\/span> and shall be punishable by a term of imprisonment of not less than two years nor more than 10 years and a fine of not more than $200,000, either or both. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> Upon conviction<\/span> for a violation of any provision of this article, or a regulation<\/span>, administrative or judicial order, or term or condition of approval issued under this article, a defendant<\/span> who is not an individual shall be sentenced to pay a fine not exceeding the greater of: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> $1 million; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> An amount that is three times the economic benefit, if any, realized by the defendant<\/span> as a result of the offense<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

H.<\/span> Any tank vessel<\/span> entering upon state waters<\/span> which fails to provide evidence<\/span> of financial responsibility required by § 62.1-44.34:16<\/a>, and any vessel from which oil<\/span> is discharged into or upon state waters<\/span>, may be detained and held as security for payment to the Commonwealth of any damages<\/span> or penalties assessed under this section. Such damages<\/span> and penalties shall constitute a lien<\/span> on the vessel and the lien<\/span> shall secure all costs of containment and cleanup<\/span>, damages<\/span>, fines and penalties, as the case may be, for which the operator<\/span> may be liable. The vessel shall be released upon posting of a bond<\/span> with surety<\/span> in the maximum amount of such damages<\/span> or penalties. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nENFORCEMENT AND PENALTIES (\u00a7 62.1-44.34:20)\n\nA. Upon a finding of a violation of this article or a regulation or term or\ncondition of approval issued pursuant to this article, the Board is authorized\nto issue a special order requiring any person to cease and desist from causing\nor permitting such violation or requiring any person to comply with any such\nprovision, regulation or term or condition of approval. Such special orders\nshall be issued only after notice and an opportunity for hearing except that, if\nthe Board finds that any discharge in violation of this article poses a serious\nthreat to (i) the public health, safety or welfare or the health of animals,\nfish, botanic or aquatic life; (ii) a public water supply; or (iii)\nrecreational, commercial, industrial, agricultural or other reasonable uses, the\nBoard may issue, without advance notice or hearing, an emergency special order\nrequiring the operator of any facility, vehicle or vessel to cease such\ndischarge immediately, to implement any applicable contingency plan and to\neffect containment and cleanup. Such emergency special order may also require\nthe operator of a facility to modify or cease regular operation of the facility,\nor any portion thereof, until the Board determines that continuing regular\noperation of the facility, or such portion thereof, will not pose a substantial\nthreat of additional or continued discharges. The Board shall affirm, modify,\namend or cancel any such emergency order after providing notice and opportunity\nfor hearing to the operator charged with the violation. The notice of the\nhearing and the emergency order shall be issued at the same time. If an operator\nwho has been issued such a special order or an emergency special order is not\ncomplying with the terms thereof, the Board may proceed in accordance with\nsubsection B of this section, and where the order is based on a finding of an\nimminent and substantial danger, the court shall issue an injunction compelling\ncompliance with the emergency special order pending a hearing by the Board. If\nan emergency special order requires modification or cessation of operations, the\nBoard shall provide an opportunity for a hearing within 48 hours of the issuance\nof the injunction.\n\nB. In the event of a violation of this article or a regulation, administrative\nor judicial order, or term or condition of approval issued under this article,\nor in the event of failure to comply with a special order issued by the Board\npursuant to this section, the Board is authorized to proceed by civil action to\nobtain an injunction of such violation, to obtain such affirmative equitable\nrelief as is appropriate and to recover all costs, damages and civil penalties\nresulting from such violation or failure to comply. The Board shall be entitled\nto an award of reasonable attorneys’ fees and costs in any action in which\nit is a prevailing party.\n\nC. Any person who violates or causes or permits to be violated a provision of\nthis article, or a regulation, administrative or judicial order, or term or\ncondition of approval issued under this article, shall be subject to a civil\npenalty for each such violation as follows:\n\n 1. For failing to obtain approval of an oil discharge contingency plan as\n required by § 62.1-44.34:15, not less than $1,000 nor more than $50,000\n for the initial violation, and $5,000 per day for each day of violation\n thereafter;\n\n 2. For failing to maintain evidence of financial responsibility as required by\n § 62.1-44.34:16, not less than $1,000 nor more than $100,000 for the\n initial violation, and $5,000 per day for each day of violation thereafter;\n\n 3. For discharging or causing or permitting a discharge of oil into or upon\n state waters, or owning or operating any facility, vessel or vehicle from\n which such discharge originates in violation of § 62.1-44.34:18, up to\n $100 per gallon of oil discharged;\n\n 4. For failing to cooperate in containment and cleanup of a discharge as\n required by § 62.1-44.34:18 or for failing to report a discharge as\n required by § 62.1-44.34:19, not less than $1,000 nor more than $50,000\n for the initial violation, and $10,000 for each day of violation thereafter;\n and\n\n 5. For violating or causing or permitting to be violated any other provision\n of this article, or a regulation, administrative or judicial order, or term or\n condition of approval issued under this article, up to $32,500 for each\n violation. Each day of violation of each requirement shall constitute a\n separate offense.\n\nD. Civil penalties may be assessed under this article either by a court in an\naction brought by the Board pursuant to this section, as specified in §\n62.1-44.15, or with the consent of the person charged, in a special order issued\nby the Board. All penalties shall be paid into the state treasury and deposited\nby the State Treasurer into the Virginia Underground Petroleum Storage Tank Fund\nas established in § 62.1-44.34:11. In determining the amount of any\npenalty, consideration shall be given to the willfulness of the violation, any\nhistory of noncompliance, the actions of the person in reporting, containing and\ncleaning up any discharge or threat of discharge, the damage or injury to state\nwaters or the impairment of their beneficial use, the cost of containment and\ncleanup, the nature and degree of injury to or interference with general health,\nwelfare and property, and the available technology for preventing, containing,\nreducing or eliminating the discharge.\n\nE. Any person who knowingly violates, or causes or permits to be violated, a\nprovision of this article, or a regulation, administrative or judicial order, or\nterm or condition of approval issued under this article shall be guilty of a\nmisdemeanor punishable by confinement in jail for not more than 12 months and a\nfine of not more than $100,000, either or both. Any person who knowingly or\nwillfully makes any false statement, representation or certification in any\napplication, record, report, plan or other document filed or required to be\nmaintained by this article or by administrative or judicial order issued under\nthis article shall be guilty of a felony punishable by a term of imprisonment of\nnot less than one nor more than three years and a fine of not more than\n$100,000, either or both. In the case of a discharge of oil into or upon state\nwaters:\n\n 1. Any person who negligently discharges or negligently causes or permits such\n discharge shall be guilty of a misdemeanor punishable by confinement in jail\n for not more than 12 months and a fine of not more than $50,000, either or\n both.\n\n 2. Any person who knowingly and willfully discharges or knowingly and\n willfully causes or permits such discharge shall be guilty of a felony\n punishable by a term of imprisonment of not less than one year nor more than\n 10 years and a fine of not more than $100,000, either or both.\n\nF. Each day of violation of each requirement shall constitute a separate\noffense. In the event the violation of this article follows a prior felony\nconviction under subdivision E 2 of this section, such violation shall\nconstitute a felony and shall be punishable by a term of imprisonment of not\nless than two years nor more than 10 years and a fine of not more than $200,000,\neither or both.\n\nG. Upon conviction for a violation of any provision of this article, or a\nregulation, administrative or judicial order, or term or condition of approval\nissued under this article, a defendant who is not an individual shall be\nsentenced to pay a fine not exceeding the greater of:\n\n 1. $1 million; or\n\n 2. An amount that is three times the economic benefit, if any, realized by the\n defendant as a result of the offense.\n\nH. Any tank vessel entering upon state waters which fails to provide evidence of\nfinancial responsibility required by § 62.1-44.34:16, and any vessel from\nwhich oil is discharged into or upon state waters, may be detained and held as\nsecurity for payment to the Commonwealth of any damages or penalties assessed\nunder this section. Such damages and penalties shall constitute a lien on the\nvessel and the lien shall secure all costs of containment and cleanup, damages,\nfines and penalties, as the case may be, for which the operator may be liable.\nThe vessel shall be released upon posting of a bond with surety in the maximum\namount of such damages or penalties.\n\nHISTORY: 1990, c. 917; 1992, c. 456; 2005, c. 706.","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}}