                                 CODE OF VIRGINIA

CIVIL PENALTIES (§ 10.1-1181.3)

A. Any owner or operator who violates, or fails or refuses to obey any special
order may be assessed a civil penalty by the State Forester. Such penalty shall
not exceed $5,000 for each violation. Each day of a continuing violation may be
deemed a separate violation for purposes of assessing penalties. In determining
the amount of the penalty, consideration shall be given to the owner&#8217;s or
operator&#8217;s history of noncompliance; the seriousness of the violation,
including any irreparable harm to the environment and any hazard to the health
or safety of the public; whether the owner or operator was negligent; and the
demonstrated good faith of the owner or operator in reporting and remedying the
pollution.

B. A civil penalty may be assessed by the State Forester only after the owner or
operator has been given an opportunity for a hearing. Any hearing required under
this section shall be conducted in accordance with &#xA7; 2.2-4020, unless the
parties consent to informal proceedings. If the owner or operator fails to avail
himself of the opportunity for a formal hearing, a civil penalty shall be
assessed by the State Forester after the State Forester finds that a violation
of a special order has occurred and the amount of the civil penalty warranted,
and issues an order requiring that the civil penalty be paid.

C. If a person who is required under this article to pay a civil penalty fails
to do so, the State Forester may transmit a true copy of the final order
assessing such penalty to the clerk of circuit court of any county or city
wherein it is ascertained that the person owing the penalty has any estate; and
the clerk to whom such copy is sent shall record it, as a judgment is required
by law to be recorded, and shall index the same in the name of the Commonwealth
as well as of the person owing the penalty, and thereupon there shall be a lien
in favor of the Commonwealth on the property of the owner or operator within
such county or city in the amount of the penalty. The State Forester may collect
civil penalties that are owed in the same manner as provided by law in respect
to judgment of a court of record. All civil penalties shall be paid into the
state treasury and deposited by the State Treasurer into the Virginia Forest
Water Quality Fund pursuant to &#xA7; 10.1-1181.7.

D. With the consent of any owner or operator who has violated or failed,
neglected or refused to obey any special order of the State Forester issued
pursuant to subsection B or C of &#xA7; 10.1-1181.2, the State Forester may
provide, in an order issued by the State Forester against such owner or
operator, for the payment of civil charges for violations in specific sums, not
to exceed the limit specified in subsection A of this section. Such civil
charges shall be in lieu of any civil penalty that could be imposed under
subsection A of this section, and shall be placed in the Virginia Forest Water
Quality Fund pursuant to &#xA7; 10.1-1181.7.

HISTORY: 1993, c. 948; 2004, c. 228.