                                 CODE OF VIRGINIA

COMPELLING COMPLIANCE WITH REGULATIONS AND ORDER OF BOARD; PENALTY (§
46.2-1187.2)

Any emissions inspection station owner violating or failing, neglecting, or
refusing to obey any regulation or order of the Board may be compelled to comply
by injunction, mandamus, or other appropriate remedy.
		Without limiting the remedies which may be obtained under the foregoing
provisions of this section, any emissions inspection station owner violating or
failing, neglecting, or refusing to obey any regulation or order of the Board or
any provision of this article, shall, in the discretion of the court, be subject
to a civil penalty of no more than $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, the court shall consider, in addition to such
other factors as it may deem appropriate, the size of the emissions inspection
station owner&#8217;s business, the severity of the economic impact of the
penalty on that business, and the seriousness of the violation. Such civil
penalties may, in the discretion of the court, be directed to be paid into the
treasury of the county, city, or town in which the violation occurred to be used
to abate environmental pollution in whatever manner the court, by order, may
direct. However, where the emissions inspection station owner is the county,
city, or town or an agent thereof, the court shall direct the penalty to be paid
into the state treasury.
		With the consent of the emissions inspection station owner who has violated or
failed, neglected, or refused to obey any regulation or order of the Board or
any provision of this article, the Board may, in any order issued by the Board
against such owner, provide for the payment of civil charges in specific sums,
not to exceed the limit in the foregoing provisions of this section. Such civil
charges shall be in lieu of any civil penalty which could be imposed under the
foregoing provisions of this section.
		Any penalty provided for in this section to which an emissions inspection
station owner is subject shall apply to any emissions inspector or certified
emissions repair mechanic employed by or at that station.
		As to emissions inspection station owners, emissions inspectors, and certified
emissions repair mechanics, minor violations as set forth in Board regulations
may be punishable by letters of reprimand from the Department. Major violations
as set forth in Board regulations may be punishable by probation, suspension
and/or license or certificate revocation, depending on the nature and type of
violation. Civil penalties may be imposed only for major types of violations.
		The Board shall provide by regulation a process whereby emissions inspection
station owners, emissions inspectors and certified emissions repair mechanics
may appeal penalties for violations. Such regulations regarding the process to
appeal penalties for violations shall provide that the appeal process shall be
handled by a person other than the Program Manager for the applicable emissions
program or one of his regional employees.

HISTORY: 1991, c. 531; 1995, cc. 836, 851.