                                 CODE OF VIRGINIA

COMPELLING COMPLIANCE WITH REGULATIONS AND ORDERS OF BOARD; PENALTY FOR
VIOLATIONS (§ 40.1-51.35)

A. Any owner violating or failing, neglecting or refusing to obey any asbestos
NESHAP regulation or order of the Commissioner may be compelled to comply by
injunction, mandamus or other appropriate remedy.

B. Without limiting the remedies which may be obtained under this section, any
owner violating or failing, neglecting or refusing to obey any Board regulation
or order or any provision of this chapter shall be subject, in the discretion of
the court, to a civil penalty not to exceed $25,000 for each violation. Each day
of violation shall constitute a separate offense. In determining the amount of
any civil penalty to be assessed pursuant to this subsection, the court shall
consider, in addition to such other factors as it may deem appropriate, the size
of the owner&#8217;s business, the severity of the economic impact of the
penalty on the business, and the seriousness of the violation. Such civil
penalties shall be paid into the state treasury.

C. With the consent of an owner who has violated or failed, neglected or refused
to obey any asbestos NESHAP regulation or order or any provision of this
chapter, the Commissioner may provide, in any order issued by the Commissioner
against the owner, for the payment of civil charges in specific sums, not to
exceed the limit of subsection B. Such civil charges shall be in lieu of any
civil penalty which could be imposed under subsection B and shall be paid into
the state treasury.

HISTORY: 1992, c. 541.