Sec. 23.1-23. Penalties.

(a) Without limiting the remedies which may be obtained under this chapter, any person who violates any provision of this chapter or who violates or fails, neglects, or refuses to obey any wetlands board notice, order, rule, regulation, or permit condition authorized by this chapter shall, upon such finding by an appropriate circuit court, be assessed a civil penalty not to exceed twenty-five thousand dollars ($25,000) for each day of violation. Such civil penalties may, at the discretion of the court assessing them, be directed to be paid into the treasury of the county, for the purpose of abating environmental damage to or restoring wetlands therein, in such a manner as the court may, by order, direct, except that where the violator is the county itself, or its agent, the court shall direct the penalty to be paid into the state treasury.

(b) Without limiting the remedies which may be obtained under this chapter, and with the consent of any person who has violated any provision of this chapter or who has violated or failed, neglected, or refused to obey any wetlands board order, rule, regulation, or permit condition authorized by this chapter, the wetlands board may provide, in an order issued by the wetlands board against such person, for the one-time payment of civil charges for each violation in specific sums, not to exceed ten thousand dollars ( $10,000) for each violation. Civil charges shall be in lieu of any appropriate civil penalty which could be imposed under this section. Civil charges may be in addition to the cost of any restoration ordered by the wetlands board.

Back to Chapter Contents
Back to Code Contents
Home Page