                                 CODE OF VIRGINIA

ASSESSMENTS FOR VIOLATIONS OF CHAPTER (§ 3.2-3709)

A. Any person convicted of violating any provision of this chapter or the
regulations adopted hereunder shall be subject to a penalty of not less than $25
nor more than $200 to be enforced by a summary proceeding in an appropriate
court.

B. The Commissioner shall make an assessment for variance from guarantee in
accordance with the regulations established by the Board, not to exceed $5,000
per occurrence, when any shipment of liming material that the Commissioner
samples and upon analysis, fails to meet the guarantee for chemicals,
neutralizing value, or screen size.

C. The person whose name appears on the label of the violative lot of liming
material shall pay the assessment for variance from guarantee assessed by the
Commissioner. The person assessed shall obtain a receipt signed by the purchaser
for each payment, and promptly forward the receipt to the Commissioner. The
person whose name appears on the label of the violative lot of liming material
shall pay the assessment for variance from guarantee within 60 days from date of
notice to the person assessed. If the purchaser cannot be found, or if the
amount due any one purchaser is less than one dollar ($1.00), the person whose
name appears on the label of the violative lot of liming material shall pay the
assessment for variance from guaranty to the Commissioner, who shall deposit the
same in the state treasury, and report to the State Comptroller, who shall
credit the same to the Sale of Substandard Liming Material Fund, which fund is
hereby created. The fund shall be a special nonreverting fund in the state
treasury, to be disbursed as provided in subsection D.

D. Such funds as shall thereafter be found to be payable to the purchasers of
lots of liming material on which the assessments for variance from guaranty were
made shall be paid from the Sale of Substandard Liming Material Fund on order of
the Commissioner. The State Comptroller shall transfer any balance remaining in
such Fund for a period of 90 days to the credit of the fund specified in &#xA7;
3.2-3710.

HISTORY: 1974, c. 647, § 3.1-126.8; 1994, c. 649; 2008, c. 860.