Virginia § 62.1-44.34:39 Enforcement; civil penalties

Virginia Statutes

§ 62.1-44.34:39 — Enforcement; civil penalties

Virginia § 62.1-44.34:39

Title 62.1Waters of the State, Ports and Harbors

Ch. 3.1State Water Control Law

Art. 14Hazardous Substance Facility Response Plans

This text of Virginia § 62.1-44.34:39 (Enforcement; civil penalties) is published on Counsel Stack Legal Research, covering Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Va. Code Ann. § 62.1-44.34:39 (2026).

Text

A.In the event of a (i) violation of any provision of this article or a related regulation or administrative or judicial order or term or condition of approval issued under this article or (ii) failure to comply with a special order issued by the Department pursuant to this section, the Department is authorized to proceed by civil action to obtain an injunction of such violation, to obtain any affirmative equitable relief that is appropriate, and to recover all costs, damages, and civil penalties resulting from such violation or failure to comply. The Department shall be entitled to an award of reasonable attorney fees and costs in any action in which it is a prevailing party.

B.Any person that negligently, willfully, or knowingly (i) discharges or causes to discharge a hazardous substa

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A. In the event of a (i) violation of any provision of this article or a related regulation or administrative or judicial order or term or condition of approval issued under this article or (ii) failure to comply with a special order issued by the Department pursuant to this section, the Department is authorized to proceed by civil action to obtain an injunction of such violation, to obtain any affirmative equitable relief that is appropriate, and to recover all costs, damages, and civil penalties resulting from such violation or failure to comply. The Department shall be entitled to an award of reasonable attorney fees and costs in any action in which it is a prevailing party.

B. Any person that negligently, willfully, or knowingly (i) discharges or causes to discharge a hazardous substance from a facility or (ii) fails to implement or comply with an EPA-approved facility response plan is subject to a civil penalty of not less than $1,000 nor more than $10,000 for the initial violation and $1,000 per day for each day of such violation thereafter. Any person that fails to report a discharge or willfully or knowingly makes any false statement or representation regarding such discharge as described is subject to a civil penalty of not less than $1,000 nor more than $50,000 for the initial violation and $10,000 for each day of such violation thereafter. Such civil penalties shall be paid into the state treasury and deposited by the State Treasurer into the Virginia Environmental Emergency Response Fund established pursuant to § 10.1-2500.