                                 CODE OF VIRGINIA

PENALTIES; INJUNCTIONS; ENFORCEMENT ACTIONS (§ 3.2-406)

A. Any person violating &#xA7; 3.2-403 or 3.2-404 shall be subject to a civil
penalty not to exceed $5,000 for every violation assessed by the Commissioner or
Board. Each day the violation continues is a separate offense. Payments to
satisfy such penalties shall be deposited in a nonreverting, special fund to be
used by the Department of Conservation and Recreation to provide financial
assistance to persons implementing measures specified in the Virginia
Agricultural Best Management Practices Manual. No person who has been assessed a
civil penalty under this section shall be eligible for such financial assistance
until the violation has been corrected and the penalty paid.

B. In determining the amount of any penalty, factors to be considered shall
include the willfulness of the violation, any history of noncompliance, the
actions of the owner or operator in notifying, containing and cleaning up any
discharge, the damage or injury to state waters or the impairment of its uses,
and the nature and degree of injury to or interference with general health,
welfare and property.

C. The Attorney General shall, upon request, bring an action for an injunction
or other appropriate legal action on behalf of the Commissioner or Board to
enforce the provisions of this chapter.

HISTORY: 1996, c. 773, § 10.1-559.7; 2008, c. 860.