10.1-613.2 - Civil penalties.
§ 10.1-613.2. Civil penalties.
In addition to or in lieu of any other forfeitures, remedies, or penaltiesauthorized by law or regulations, any owner violating any provision of thisarticle may be assessed a civil penalty of up to $500 per day by the Boardnot to exceed a maximum of $25,000.
In setting the civil penalty amount, the Board shall consider (i) the nature,duration, and number of previous instances of failure by the owner to complywith requirements of law relating to dam safety and the requirements of Boardregulations and orders; (ii) the efforts of the owner to correct deficienciesor other instances of failure to comply with the requirements of law relatingto dam safety and the requirements of Board regulations and orders that arethe subject of the proposed penalty; (iii) the cost of carrying out actionsrequired to meet the requirements of law and Board regulations and orders;(iv) the hazard classification of the dam; and (v) other factors deemedappropriate by the Board.
All civil penalties will be assessed by written penalty notice from the Boardand given by certified mail or personal service. The notice shall state thespecific reasons for the penalty, the number of days the Department considersthe owner in violation, and the total amount due. Within 30 days afterreceipt of a copy of the order issued pursuant to this section, any ownersubject to the civil penalty provisions shall have the right to petition theBoard, in writing, for a hearing. A timely filed petition shall stay theeffect of the penalty notice.
The hearing shall be conducted before the Board or a designated memberthereof pursuant to § 2.2-4019. The Board shall affirm, modify, amend, orcancel the penalty notice within 10 days following the conclusion of thehearing. Any owner aggrieved by a decision of the Board after a hearing shallhave the right to judicial review of the final Board decision pursuant to theprovisions of the Administrative Process Act (§ 2.2-4000 et seq.).
If any civil penalty has not been paid within 45 days after the final Boarddecision or court order has been served on the violator, the Board shallrequest the Attorney General to institute a civil action in the court of anycounty in which the violator resides or has his principal place of businessto recover the amount of the assessment.
Civil penalties assessed under this section shall be paid into the FloodPrevention and Protection Assistance Fund, established pursuant to §10.1-603.17, and shall be used for the administration of the dam safetyprogram, including for the repair and maintenance of dams.
(2006, c. 30.)