{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/62.1-44.34_39.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/62.1-44.34_39.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/62.1-44.34_39.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/62.1-44.34_39.html"}],"law_id":55912,"edition_id":1,"section_id":55912,"structure_id":14502,"section_number":"62.1-44.34:39","catch_line":"Enforcement; civil penalties","history":"2025, c. 279.","full_text":"A\n\nIn the event of a (i) violation of any provision of this article or a related regulation or administrative or judicial order or term or condition of approval issued under this article or (ii) failure to comply with a special order issued by the Department pursuant to this section, the Department is authorized to proceed by civil action to obtain an injunction of such violation, to obtain any affirmative equitable relief that is appropriate, and to recover all costs, damages, and civil penalties resulting from such violation or failure to comply. The Department shall be entitled to an award of reasonable attorney fees and costs in any action in which it is a prevailing party.B\n\nAny person that negligently, willfully, or knowingly (i) discharges or causes to discharge a hazardous substance from a facility or (ii) fails to implement or comply with an EPA-approved facility response plan is subject to a civil penalty of not less than $1,000 nor more than $10,000 for the initial violation and $1,000 per day for each day of such violation thereafter. Any person that fails to report a discharge or willfully or knowingly makes any false statement or representation regarding such discharge as described is subject to a civil penalty of not less than $1,000 nor more than $50,000 for the initial violation and $10,000 for each day of such violation thereafter. Such civil penalties shall be paid into the state treasury and deposited by the State Treasurer into the Virginia Environmental Emergency Response Fund established pursuant to § 10.1-2500.","order_by":null,"text":{"0":{"id":204831,"text":"In the event of a (i) violation of any provision of this article or a related regulation or administrative or judicial order or term or condition of approval issued under this article or (ii) failure to comply with a special order issued by the Department pursuant to this section, the Department is authorized to proceed by civil action to obtain an injunction of such violation, to obtain any affirmative equitable relief that is appropriate, and to recover all costs, damages, and civil penalties resulting from such violation or failure to comply. The Department shall be entitled to an award of reasonable attorney fees and costs in any action in which it is a prevailing party.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":204832,"text":"Any person that negligently, willfully, or knowingly (i) discharges or causes to discharge a hazardous substance from a facility or (ii) fails to implement or comply with an EPA-approved facility response plan is subject to a civil penalty of not less than $1,000 nor more than $10,000 for the initial violation and $1,000 per day for each day of such violation thereafter. Any person that fails to report a discharge or willfully or knowingly makes any false statement or representation regarding such discharge as described is subject to a civil penalty of not less than $1,000 nor more than $50,000 for the initial violation and $10,000 for each day of such violation thereafter. Such civil penalties shall be paid into the state treasury and deposited by the State Treasurer into the Virginia Environmental Emergency Response Fund established pursuant to § 10.1-2500.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A"}},"ancestry":[{"id":14502,"edition_id":1,"name":"Hazardous Substance Facility Response Plans","identifier":"14","label":"article","depth":3,"order_by":1,"parent_id":13014,"metadata":{},"date_created":"2026-06-26 03:48:23","date_modified":"2026-06-26 03:48:23","permalink":{"id":269321,"object_type":"structure","relational_id":14502,"identifier":"14","token":"62.1\/3.1\/14","url":"\/62.1\/3.1\/14\/","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":80301,"structure_id":14502,"section_number":"62.1-44.34:35","catch_line":"Definitions. ","url":"\/62.1-44.34_35\/","token":"62.1\/3.1\/14\/62.1-44.34_35","metadata":false},{"id":59193,"structure_id":14502,"section_number":"62.1-44.34:36","catch_line":"Evidence of hazardous substance facility response plan required","url":"\/62.1-44.34_36\/","token":"62.1\/3.1\/14\/62.1-44.34_36","metadata":false},{"id":69197,"structure_id":14502,"section_number":"62.1-44.34:37","catch_line":"Reporting of hazardous substance discharge","url":"\/62.1-44.34_37\/","token":"62.1\/3.1\/14\/62.1-44.34_37","metadata":false},{"id":80209,"structure_id":14502,"section_number":"62.1-44.34:38","catch_line":"Recordkeeping and access to records and facilities","url":"\/62.1-44.34_38\/","token":"62.1\/3.1\/14\/62.1-44.34_38","metadata":false},{"id":55912,"structure_id":14502,"section_number":"62.1-44.34:39","catch_line":"Enforcement; civil penalties","url":"\/62.1-44.34_39\/","token":"62.1\/3.1\/14\/62.1-44.34_39","metadata":false}],"previous_section":{"id":80209,"structure_id":14502,"section_number":"62.1-44.34:38","catch_line":"Recordkeeping and access to records and facilities","url":"\/62.1-44.34_38\/","token":"62.1\/3.1\/14\/62.1-44.34_38","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/62.1-44.34:39\/","history_text":"

This law was first created in 2025. The record of its establishment is cataloged in chapter 279<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year.<\/p>","references":false,"refers_to":[{"id":73108,"section_number":"10.1-2500","catch_line":"Virginia Environmental Emergency Response Fund established","order_by":null,"url":"\/10.1-2500\/"}],"permalink":{"id":269339,"object_type":"law","relational_id":55912,"identifier":"62.1-44.34:39","token":"62.1\/3.1\/14\/62.1-44.34_39","url":"\/62.1-44.34_39\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/62.1-44.34_39\/","token":"62.1\/3.1\/14\/62.1-44.34_39","dublin_core":{"Title":"Enforcement; civil penalties","Type":"Text","Format":"text\/html","Identifier":"\u00a7 62.1-44.34:39","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> In the event of a (i) violation of any provision of this article or a related regulation<\/span> or administrative or judicial order or term or condition of approval issued under this article or (ii) failure to comply with a special order<\/span> issued by the Department<\/span> pursuant to this section, the Department<\/span> is authorized to proceed by civil action<\/span> to obtain an injunction<\/span> of such violation, to obtain any affirmative equitable<\/span> relief that is appropriate, and to recover all costs, damages<\/span>, and civil penalties resulting from such violation or failure to comply. The Department<\/span> shall be entitled to an award of reasonable attorney 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

B.<\/span> Any person<\/span> that negligently, willfully, or knowingly (i) discharges<\/span> or causes to discharge<\/span> a hazardous substance<\/span> from a facility<\/span> or (ii) fails to implement or comply with an EPA<\/span>-approved facility<\/span> response plan is subject to a civil penalty<\/span> of not less than $1,000 nor more than $10,000 for the initial violation and $1,000 per day for each day of such violation thereafter. Any person<\/span> that fails to report a discharge<\/span> or willfully or knowingly makes any false statement or representation regarding such discharge<\/span> as described is subject to a civil penalty<\/span> of not less than $1,000 nor more than $50,000 for the initial violation and $10,000 for each day of such violation thereafter. Such civil penalties shall be paid into the state treasury and deposited by the State Treasurer into the Virginia Environmental Emergency Response Fund established pursuant to § 10.1-2500<\/a>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nENFORCEMENT; CIVIL PENALTIES (\u00a7 62.1-44.34:39)\n\nA. In the event of a (i) violation of any provision of this article or a related\nregulation or administrative or judicial order or term or condition of approval\nissued under this article or (ii) failure to comply with a special order issued\nby the Department pursuant to this section, the Department is authorized to\nproceed by civil action to obtain an injunction of such violation, to obtain any\naffirmative equitable relief that is appropriate, and to recover all costs,\ndamages, and civil penalties resulting from such violation or failure to comply.\nThe Department shall be entitled to an award of reasonable attorney fees and\ncosts in any action in which it is a prevailing party.\n\nB. Any person that negligently, willfully, or knowingly (i) discharges or causes\nto discharge a hazardous substance from a facility or (ii) fails to implement or\ncomply with an EPA-approved facility response plan is subject to a civil penalty\nof not less than $1,000 nor more than $10,000 for the initial violation and\n$1,000 per day for each day of such violation thereafter. Any person that fails\nto report a discharge or willfully or knowingly makes any false statement or\nrepresentation regarding such discharge as described is subject to a civil\npenalty of not less than $1,000 nor more than $50,000 for the initial violation\nand $10,000 for each day of such violation thereafter. Such civil penalties\nshall be paid into the state treasury and deposited by the State Treasurer into\nthe Virginia Environmental Emergency Response Fund established pursuant to\n§ 10.1-2500.\n\nHISTORY: 2025, c. 279.","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}}