CODE OF VIRGINIA

PENALTIES, INJUNCTIONS, CIVIL PENALTIES AND CHARGES FOR VIOLATIONS (§ 35.1-7)

A. Any person willfully violating, or refusing, failing, or neglecting to comply
with any regulation or order of the Board or Commissioner, or any provision of
this title, shall be guilty of a Class 3 misdemeanor unless a different penalty
is specified. Each day of violation shall constitute a separate offense.

B. Any person violating, or failing, neglecting, or refusing to obey any lawful
regulation or order of the Board or Commissioner, or any provision of this
title, may be compelled in a proceeding instituted in an appropriate court by
the Board or Commissioner to obey and comply with such regulation, order, or
provision of this title. The proceeding may be by injunction, mandamus, or other
appropriate remedy.

C. Without limiting the remedies which may be obtained pursuant to subsection B,
any person violating or failing, neglecting, or refusing to obey any injunction,
mandamus, or other remedy obtained pursuant to subsection B shall be subject, in
the discretion of the court, to a civil penalty not to exceed $ 10,000 for each
violation. Each day of violation shall constitute a separate offense.

D. With the consent of any person who has violated or failed, neglected, or
refused to obey any regulation or order of the Board or Commissioner or any
provision of this title, the Board may provide, in an order issued by the Board
against such person, for the payment of civil charges for past violations in
specific sums not to exceed the limit set forth in subsection C. Such civil
charges shall be in place of any appropriate civil penalty which could be
imposed under subsection C.

HISTORY: Code 1950, §§ 35-7, 35-21, 35-41, 35-53; 1981, c. 468.