46.2-1187.2 - Compelling compliance with regulations and order of Board; penalty.
§ 46.2-1187.2. Compelling compliance with regulations and order of Board;penalty.
Any emissions inspection station owner violating or failing, neglecting, orrefusing to obey any regulation or order of the Board may be compelled tocomply by injunction, mandamus, or other appropriate remedy.
Without limiting the remedies which may be obtained under the foregoingprovisions of this section, any emissions inspection station owner violatingor failing, neglecting, or refusing to obey any regulation or order of theBoard or any provision of this article, shall, in the discretion of thecourt, be subject to a civil penalty of no more than $25,000 for eachviolation. Each day of violation shall constitute a separate offense. Indetermining the amount of any civil penalty to be assessed, the court shallconsider, in addition to such other factors as it may deem appropriate, thesize of the emissions inspection station owner's business, the severity ofthe economic impact of the penalty on that business, and the seriousness ofthe violation. Such civil penalties may, in the discretion of the court, bedirected to be paid into the treasury of the county, city, or town in whichthe violation occurred to be used to abate environmental pollution inwhatever manner the court, by order, may direct. However, where the emissionsinspection station owner is the county, city, or town or an agent thereof,the court shall direct the penalty to be paid into the state treasury.
With the consent of the emissions inspection station owner who has violatedor failed, neglected, or refused to obey any regulation or order of the Boardor any provision of this article, the Board may, in any order issued by theBoard against such owner, provide for the payment of civil charges inspecific sums, not to exceed the limit in the foregoing provisions of thissection. Such civil charges shall be in lieu of any civil penalty which couldbe imposed under the foregoing provisions of this section.
Any penalty provided for in this section to which an emissions inspectionstation owner is subject shall apply to any emissions inspector or certifiedemissions repair mechanic employed by or at that station.
As to emissions inspection station owners, emissions inspectors, andcertified emissions repair mechanics, minor violations as set forth in Boardregulations may be punishable by letters of reprimand from the Department.Major violations as set forth in Board regulations may be punishable byprobation, suspension and/or license or certificate revocation, depending onthe nature and type of violation. Civil penalties may be imposed only formajor types of violations.
The Board shall provide by regulation a process whereby emissions inspectionstation owners, emissions inspectors and certified emissions repair mechanicsmay appeal penalties for violations. Such regulations regarding the processto appeal penalties for violations shall provide that the appeal processshall be handled by a person other than the Program Manager for theapplicable emissions program or one of his regional employees.
(1991, c. 531; 1995, cc. 836, 851.)