A. Without limiting the remedies which may be obtained under this chapter, any person who violates any provision of this chapter or who violates or fails, neglects, or refuses to obey any Commission notice, order, rule, regulation, or permit condition authorized by this chapter shall, upon such finding by an appropriate circuit court, be assessed a civil penalty not to exceed $25,000 for each day of violation. Such civil penalties shall be paid into the state treasury to the credit of the Marine Habitat and Waterways Improvement Fund.
B. Without limiting the remedies which may be obtained under this chapter, and with the consent of any person who has violated any provision of this chapter or who has violated or failed, neglected, or refused to obey any Commission order, rule, regulation, or permit condition authorized by this chapter, the Commission may provide, in an order issued by the Commission against such person, for the one-time payment of civil charges for each violation in specific sums, not to exceed $10,000 for each violation. Civil charges shall be in lieu of any appropriate civil penalty which could be imposed under subsection A of this section. Civil charges may be in addition to the cost of any restoration ordered by the Commission and shall be paid into the state treasury to the credit of the Marine Habitat and Waterways Improvement Fund.
Code 1950, § 62-2.1; 1960, c. 600; 1962, c. 637; 1966, c. 641; 1968, c. 659, § 62.1-3; 1970, c. 621; 1972, c. 866; 1973, cc. 23, 361; 1974, cc. 92, 385; 1975, c. 431; 1976, c. 579; 1980, c. 253; 1982, c. 102; 1988, c. 868; 1992, c. 836; 2000, c. 1056.
Structure Code of Virginia
Title 28.2 - Fisheries and Habitat of the Tidal Waters
§ 28.2-1200. Ungranted beds of bays, rivers, creeks and shores of the sea to remain in common
§ 28.2-1200.1. Conveyance of state-owned bottomlands
§ 28.2-1201. Ungranted islands which rise from lands which are property of the Commonwealth
§ 28.2-1202. Rights of owners to extend to mean low-water mark
§ 28.2-1203. Unlawful use of subaqueous beds; penalty
§ 28.2-1204. Authority of Commission over submerged lands
§ 28.2-1204.1. Submerged aquatic vegetation
§ 28.2-1204.2. Marine Habitat and Waterways Improvement Fund established
§ 28.2-1205. Permits for the use of state-owned bottomlands
§ 28.2-1205.1. Coordinated review of water resources projects
§ 28.2-1207. Authority to approve permits for encroachment on subaqueous beds; notice
§ 28.2-1208. Granting easements in, permitting the use of, or leasing the beds of certain waters
§ 28.2-1210. Removal of obstructions or hazardous property from state waters; penalty
§ 28.2-1211. Injunction against violation of § 28.2-1203
§ 28.2-1212. Monitoring, inspections, compliance and restoration