                                 CODE OF VIRGINIA

ENFORCEMENT; CIVIL PENALTIES (§ 62.1-44.34:39)

A. 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.

B. 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
&#xA7; 10.1-2500.

HISTORY: 2025, c. 279.