                                 CODE OF VIRGINIA

PENALTIES (§ 62.1-44.32)

a. Except as otherwise provided in this chapter, any person who violates any
provision of this chapter, or who fails, neglects, or refuses to comply with any
regulation, certificate, land-disturbance approval, or order of the Board, or
order of a court, issued as herein provided, shall be subject to a civil penalty
not to exceed $32,500 for each violation within the discretion of the court.
Each day of violation of each requirement shall constitute a separate offense.
Such civil penalties shall be paid into the state treasury and deposited by the
State Treasurer into the Virginia Environmental Emergency Response Fund pursuant
to Chapter 25 (&#xA7; 10.1-2500 et seq.) of Title 10.1, excluding penalties
assessed for violations of Article 2.3 (&#xA7; 62.1-44.15:24 et seq.), 2.4
(&#xA7; 62.1-44.15:51 et seq.), 2.5 (&#xA7; 62.1-44.15:67 et seq.), 9 (&#xA7;
62.1-44.34:8 et seq.), or 10 (&#xA7; 62.1-44.34:10 et seq.) of Chapter 3.1 of
Title 62.1, or a regulation, administrative or judicial order, or term or
condition of approval relating to or issued under those articles.
			Such civil penalties may, in the discretion of the court assessing them, be
directed to be paid into the treasury of the county, city, or town in which the
violation occurred, to be used for the purpose of abating environmental
pollution therein in such manner as the court may, by order, direct, except that
where the owner in violation is such county, city, or town itself, or its agent,
the court shall direct such penalty to be paid into the state treasury and
deposited by the State Treasurer into the Virginia Environmental Emergency
Response Fund pursuant to Chapter 25 of Title 10.1, excluding penalties assessed
for violations of Article 2.3, 2.4, 2.5, 9, or 10 of Chapter 3.1 of Title 62.1,
or a regulation, administrative or judicial order, or term or condition of
approval relating to or issued under those articles.
			In the event that a county, city, or town, or its agent, is the owner, such
county, city, or town, or its agent, may initiate a civil action against any
user or users of a waste water treatment facility to recover that portion of any
civil penalty imposed against the owner proximately resulting from the act or
acts of such user or users in violation of any applicable federal, state, or
local requirements.

b. Except as otherwise provided in this chapter, any person who willfully or
negligently violates (1) any provision of this chapter, any regulation or order
of the Board, or any condition of a certificate or land-disturbance approval of
the Board, (2) any land-disturbance approval, ordinance, or order of a locality
serving as a Virginia Erosion and Stormwater Management Program authority, or
(3) any order of a court shall be guilty of a misdemeanor punishable by
confinement in jail for not more than 12 months and a fine of not less than
$2,500 nor more than $32,500, either or both. Any person who knowingly violates
(A) any provision of this chapter, any regulation or order of the Board, or any
condition of a certificate or land-disturbance approval of the Board, (B) any
land-disturbance approval, ordinance, or order of a locality serving as a
Virginia Erosion and Stormwater Management Program authority, or (C) any order
of a court issued as herein provided, or who knowingly makes any false statement
in any form required to be submitted under this chapter or knowingly renders
inaccurate any monitoring device or method required to be maintained under this
chapter, shall be guilty of a felony punishable by a term of imprisonment of not
less than one year nor more than three years, or in the discretion of the jury
or the court trying the case without a jury, confinement in jail for not more
than 12 months and a fine of not less than $5,000 nor more than $50,000 for each
violation. Any defendant that is not an individual shall, upon conviction of a
violation under this subsection, be sentenced to pay a fine of not less than
$10,000. Each day of violation of each requirement shall constitute a separate
offense.

c. Except as otherwise provided in this chapter, any person who knowingly
violates any provision of this chapter, and who knows at that time that he
thereby places another person in imminent danger of death or serious bodily
harm, shall, upon conviction, be guilty of a felony punishable by a term of
imprisonment of not less than two years nor more than 15 years and a fine of not
more than $250,000, either or both. A defendant that is not an individual shall,
upon conviction of a violation under this subsection, be sentenced to pay a fine
not exceeding the greater of $1 million or an amount that is three times the
economic benefit realized by the defendant as a result of the offense. The
maximum penalty shall be doubled with respect to both fine and imprisonment for
any subsequent conviction of the same person under this subsection.

d. Criminal prosecution under this section shall be commenced within three years
of discovery of the offense, notwithstanding the limitations provided in any
other statute.

HISTORY: Code 1950, § 62.1-44; 1968, c. 659; 1970, c. 638; 1974, c. 237; 1977,
c. 263; 1980, c. 378; 1981, cc. 582, 596; 1989, c. 627; 1990, cc. 13, 717; 1991,
c. 718; 2005, c. 706; 2013, cc. 756, 793; 2016, cc. 68, 758.