3.2-3709 - Assessments for violations of chapter.
§ 3.2-3709. Assessments for violations of chapter.
A. Any person convicted of violating any provision of this chapter or theregulations adopted hereunder shall be subject to a penalty of not less than$25 nor more than $200 to be enforced by a summary proceeding in anappropriate court.
B. The Commissioner shall make an assessment for variance from guarantee inaccordance with the regulations established by the Board, not to exceed$5,000 per occurrence, when any shipment of liming material that theCommissioner samples and upon analysis, fails to meet the guarantee forchemicals, neutralizing value, or screen size.
C. The person whose name appears on the label of the violative lot of limingmaterial shall pay the assessment for variance from guarantee assessed by theCommissioner. The person assessed shall obtain a receipt signed by thepurchaser for each payment, and promptly forward the receipt to theCommissioner. The person whose name appears on the label of the violative lotof liming material shall pay the assessment for variance from guaranteewithin 60 days from date of notice to the person assessed. If the purchasercannot be found, or if the amount due any one purchaser is less than onedollar ($1.00), the person whose name appears on the label of the violativelot of liming material shall pay the assessment for variance from guaranty tothe Commissioner, who shall deposit the same in the state treasury, andreport to the State Comptroller, who shall credit the same to the Sale ofSubstandard Liming Material Fund, which fund is hereby created. The fundshall be a special nonreverting fund in the state treasury, to be disbursedas provided in subsection D.
D. Such funds as shall thereafter be found to be payable to the purchasers oflots of liming material on which the assessments for variance from guarantywere made shall be paid from the Sale of Substandard Liming Material Fund onorder of the Commissioner. The State Comptroller shall transfer any balanceremaining in such Fund for a period of 90 days to the credit of the fundspecified in § 3.2-3710.
(1974, c. 647, § 3.1-126.8; 1994, c. 649; 2008, c. 860.)