10.1-1181.3 - Civil penalties.
§ 10.1-1181.3. Civil penalties.
A. Any owner or operator who violates, or fails or refuses to obey anyspecial order may be assessed a civil penalty by the State Forester. Suchpenalty shall not exceed $5,000 for each violation. Each day of a continuingviolation may be deemed a separate violation for purposes of assessingpenalties. In determining the amount of the penalty, consideration shall begiven to the owner's or operator's history of noncompliance; the seriousnessof the violation, including any irreparable harm to the environment and anyhazard to the health or safety of the public; whether the owner or operatorwas negligent; and the demonstrated good faith of the owner or operator inreporting and remedying the pollution.
B. A civil penalty may be assessed by the State Forester only after the owneror operator has been given an opportunity for a hearing. Any hearing requiredunder this section shall be conducted in accordance with § 2.2-4020, unlessthe parties consent to informal proceedings. If the owner or operator failsto avail himself of the opportunity for a formal hearing, a civil penaltyshall be assessed by the State Forester after the State Forester finds that aviolation of a special order has occurred and the amount of the civil penaltywarranted, and issues an order requiring that the civil penalty be paid.
C. If a person who is required under this article to pay a civil penaltyfails to do so, the State Forester may transmit a true copy of the finalorder assessing such penalty to the clerk of circuit court of any county orcity wherein it is ascertained that the person owing the penalty has anyestate; and the clerk to whom such copy is sent shall record it, as ajudgment is required by law to be recorded, and shall index the same in thename of the Commonwealth as well as of the person owing the penalty, andthereupon there shall be a lien in favor of the Commonwealth on the propertyof the owner or operator within such county or city in the amount of thepenalty. The State Forester may collect civil penalties that are owed in thesame manner as provided by law in respect to judgment of a court of record.All civil penalties shall be paid into the state treasury and deposited bythe State Treasurer into the Virginia Forest Water Quality Fund pursuant to §10.1-1181.7.
D. With the consent of any owner or operator who has violated or failed,neglected or refused to obey any special order of the State Forester issuedpursuant to subsection B or C of § 10.1-1181.2, the State Forester mayprovide, in an order issued by the State Forester against such owner oroperator, for the payment of civil charges for violations in specific sums,not to exceed the limit specified in subsection A of this section. Such civilcharges shall be in lieu of any civil penalty that could be imposed undersubsection A of this section, and shall be placed in the Virginia ForestWater Quality Fund pursuant to § 10.1-1181.7.
(1993, c. 948; 2004, c. 228.)