                                 CODE OF VIRGINIA

PENALTIES (§ 28.2-1320)

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 or wetlands board 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 may, at the
discretion of the court assessing them, be directed to be paid into the treasury
of the county, city, or town in which the violation occurred for the purpose of
abating environmental damage to or restoring wetlands therein, in such a manner
as the court may, by order, direct, except that where the violator is the
county, city, or town itself, or its agent, the court shall direct the penalty
to be paid into the state treasury.

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 or
wetlands board order, rule, regulation, or permit condition authorized by this
chapter, the Commission or wetlands board may provide, in an order issued by the
Commission or wetlands board 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 or a
wetlands board.

HISTORY: 1990, c. 811, § 62.1-13.18:2; 1992, c. 836.