                                 CODE OF VIRGINIA

PENALTIES, INJUNCTIONS, CIVIL PENALTIES AND CHARGES FOR VIOLATIONS (§ 32.1-27)

A. Any person willfully violating or refusing, failing or neglecting to comply
with any regulation or order of the Board or Commissioner or any provision of
this title shall be guilty of a Class 1 misdemeanor unless a different penalty
is specified.

B. Any person violating or failing, neglecting, or refusing to obey any lawful
regulation or order of the Board or Commissioner or any provision of this title
may be compelled in a proceeding instituted in an appropriate court by the Board
or Commissioner to obey such regulation, order or provision of this title and to
comply therewith by injunction, mandamus, or other appropriate remedy or,
pursuant to &#xA7; 32.1-27.1, imposition of a civil penalty or appointment of a
receiver.

C. Without limiting the remedies which may be obtained in subsection B of this
section, any person violating or failing, neglecting or refusing to obey any
injunction, mandamus or other remedy obtained pursuant to subsection B shall be
subject, in the discretion of the court, to a civil penalty not to exceed
$25,000 for each violation, which shall be paid to the general fund, except that
civil penalties for environmental pollution shall be paid into the state
treasury and credited to the Water Supply Assistance Grant Fund created pursuant
to &#xA7; 32.1-171.2. Each day of violation shall constitute a separate offense.

D. With the consent of any person who has violated or failed, neglected or
refused to obey any regulation or order of the Board or Commissioner or any
provision of this title, the Board may provide, in an order issued by the Board
against such person, for the payment of civil charges for past violations in
specific sums, not to exceed the limits specified in &#xA7; 32.1-27.1 and
subsection C of this section. Such civil charges shall be instead of any
appropriate civil penalty which could be imposed under &#xA7; 32.1-27.1 and
subsection C of this section. When civil charges are based upon environmental
pollution, the civil charges shall be paid into the state treasury and credited
to the Water Supply Assistance Grant Fund created pursuant to &#xA7; 32.1-171.2.

HISTORY: Code 1950, §§ 32-6.4, 32-15; 1975, c. 564; 1976, c. 623; 1979, c.
711; 1980, c. 378; 1989, c. 618; 1999, c. 786; 2003, cc. 753, 762.