                                 CODE OF VIRGINIA

CRIMINAL PENALTIES (§ 10.1-613.1)

A. It is unlawful for any owner to knowingly:

   1. Operate, construct, or alter a dam without an approval as provided in this
   article;

   2. Violate the terms of an approval, order, regulation, or requirement of the
   Board or Director under this article; or

   3. Obstruct, hinder, or prevent the Board or its designated agents or
   employees from performing duties under this article.
   				A violation of any provision of this subsection or this article is a Class
   3 misdemeanor.

B. Each day that any such violation occurs after notice of the original
violation is served upon the violator by the Board or its designated agents or
employees by registered mail shall constitute a separate offense. Upon
conviction, the violator is subject to a fine not exceeding $500 per day for
each day of the offense, not to exceed a total fine of $25,000, with costs
imposed at the discretion of the court. In determining the amount of the
penalty, the appropriate court shall consider the degree of harm to the public;
whether the violation was knowing or willful; the past conduct of the defendant;
whether the defendant should have been on notice of the violation; whether the
defendant has taken steps to cease, remove, or mitigate the violation; and any
other relevant information.

HISTORY: 2006, c. 30.