79526310.1-1316Virginia Decodedhttps://vacode.org2016ConservationActivities Administered By Other EntitiesAir Pollution Control BoardGeneral ProvisionsEnforcement and civil penalties1966, c. 497, § 10-17.23; 1976, c. 622; 1978, c. 475; 1980, c. 378; 1988, c. 891; 1991, c. 718; 1993, c. 13; 2005, c. 706.Mirant Potomac River, LLC v. USEPA08-1277577 F.3d 2232009-08-12https://www.courtlistener.com/opinion/1029792/mirant-potomac-river-llc-v-usepa/ . . . Virginia's CAIR SIP). . . . Court of Appeals for the Fourth CircuitCitizens for Clean Air v. Com.0468-91-4412 S.E.2d 7151991-12-17https://www.courtlistener.com/opinion/1410389/citizens-for-clean-air-v-com/ . . . and shall be kept confidential. . . . <abbr title="Court of Appeals">COA</abbr>http://law.lis.virginia.gov/vacode/10.1-1316/10.1-2500Virginia Environmental Emergency Response Fund established/10.1-2500//10.1-1316/10.1/II/13/1/10.1-131610.1-1309Any owner violating or failing, neglecting or refusing to obey any provision of this chapter, any Board regulation or order, or any permit condition may be compelled to comply by injunction, mandamus or other appropriate remedy.sectionAA1With the consent of an owner who has violated or failed, neglected or refused to obey any Board regulation or order, or any provision of this chapter, or any permit condition, the Board may provide, in any order issued by the Board against the owner, for the payment of civil charges in specific sums, not to exceed the limit of subsection B. Such civil charges shall be in lieu of any civil penalty which could be imposed under subsection B. Such civil charges shall be paid into the state treasury and deposited by the State Treasurer into the Virginia Environmental Emergency Response Fund pursuant to Chapter 25 of this title.sectionCC1The Board shall develop and provide an opportunity for public comment on guidelines and procedures that contain specific criteria for calculating the appropriate penalty for each violation based upon the severity of the violations, the extent of any potential or actual environmental harm, the compliance history of the facility or person, any economic benefit realized from the noncompliance, and the ability of the person to pay the penalty.sectionDD1