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 or wetlands board 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 may, at 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 for the purpose of abating environmental damage to or restoring dunes or beaches therein, in such a manner as the court may, by order, direct, except that where the violator is the county, city, or town itself, or its agent, the court shall direct the penalty to be paid into the state treasury.
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 or wetlands board order, rule, regulation, or permit condition authorized by this chapter, the Commission or wetlands board may provide, in an order issued by the Commission or wetlands board 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 or a wetlands board.
1990, c. 811, § 62.1-13.27:1; 1992, c. 836.
Structure Code of Virginia
Title 28.2 - Fisheries and Habitat of the Tidal Waters
Chapter 14 - Coastal Primary Sand Dunes and Beaches
§ 28.2-1401. Powers and duties of Commission
§ 28.2-1404. Meetings, quorum, rules, etc., of wetlands boards; records and reports
§ 28.2-1405. Local governing body to supply meeting space and services for wetlands board
§ 28.2-1406. Permits required for certain activities; issuance of permits by Commission
§ 28.2-1407. Administrative procedures
§ 28.2-1408. Standards for use of coastal primary sand dunes
§ 28.2-1410. Commissioner to review all decisions of wetlands boards
§ 28.2-1411. When Commission to review decision of wetlands board
§ 28.2-1412. Procedure for review; notice of decision
§ 28.2-1413. When Commission to modify, remand or reverse decision of wetlands board
§ 28.2-1414. Time for issuance of permit
§ 28.2-1416. Investigations and prosecutions
§ 28.2-1417. Monitoring, inspections, compliance, and restoration