                                 CODE OF VIRGINIA

PENALTIES (§ 28.2-1213)

A. Without limiting the remedies which may be obtained under this chapter, any
person who violates any provision of this chapter or who violates or fails,
neglects, or refuses to obey any Commission notice, order, rule, regulation, or
permit condition authorized by this chapter shall, upon such finding by an
appropriate circuit court, be assessed a civil penalty not to exceed $25,000 for
each day of violation. Such civil penalties shall be paid into the state
treasury to the credit of the Marine Habitat and Waterways Improvement Fund.

B. Without limiting the remedies which may be obtained under this chapter, and
with the consent of any person who has violated any provision of this chapter or
who has violated or failed, neglected, or refused to obey any Commission order,
rule, regulation, or permit condition authorized by this chapter, the Commission
may provide, in an order issued by the Commission against such person, for the
one-time payment of civil charges for each violation in specific sums, not to
exceed $10,000 for each violation. Civil charges shall be in lieu of any
appropriate civil penalty which could be imposed under subsection A of this
section. Civil charges may be in addition to the cost of any restoration ordered
by the Commission and shall be paid into the state treasury to the credit of the
Marine Habitat and Waterways Improvement Fund.

HISTORY: Code 1950, § 62-2.1; 1960, c. 600; 1962, c. 637; 1966, c. 641; 1968,
c. 659, § 62.1-3; 1970, c. 621; 1972, c. 866; 1973, cc. 23, 361; 1974, cc. 92,
385; 1975, c. 431; 1976, c. 579; 1980, c. 253; 1982, c. 102; 1988, c. 868; 1992,
c. 836; 2000, c. 1056.