(A) A violation of this chapter shall be deemed a class 1 misdemeanor. Violators shall be denied all future permits, until violations of this chapter are corrected. The decision of the Town Council shall be final unless, within 30 days of such decision, the appellant shall file an appeal in proper legal form with the Circuit Court of the county.
(B) Violations of any regulation or order of the Board, any provision of its program, any condition of a permit, or any provision of VA Code §§ 62.1-44.15:54 et seq., shall be subject to a civil penalty. The civil penalty for any one violation shall be $100, except that the civil penalty for commencement of land disturbing activities without an approved plan as provided in VA Code § 62.1-44.15:55, shall be $1,000. In no event shall a series of specified violations arising from the same operative set of facts result in civil penalties that exceed a total of $3,000, except that a series of violations arising from the commencement of land disturbing activities without an approved plan for any site shall not result in civil penalties that exceed a total of $10,000. This division (B) shall be in lieu of criminal sanctions and shall preclude the prosecution of such violation as a misdemeanor under VA Code § 62.1-44.15:63.
(C) Any person who violates any regulation or order of the Board, any condition of a permit, any provision of its program, or any provision of VA Code §§ 62.1-44.15:54 et seq., shall, upon a finding of an appropriate general district court, be assessed a civil penalty in accordance with division (B) above. The Erosion and Sediment Control Administrator, his or her deputy or a certified inspector for the town may issue a summons for collection of the civil penalty; and the action may be prosecuted by the town. In any trial for a scheduled violation, it shall be the burden of the town to show the liability of the violator by a preponderance of the evidence. An admission or finding of liability shall not be a criminal conviction for any purpose. Any civil penalties assessed by a court shall be paid into the treasury of the town; except that where the violator is the town itself, or its agent, the court shall direct the penalty to be paid into the state treasury.
(D) The Town Attorney may apply to the Circuit Court of the county for injunctive relief to enjoin a violation or threatened violation of this chapter.
(E) Without limiting the remedies that may be obtained in this section, any person violating or failing, neglecting, or refusing to obey any injunction, mandamus, or other remedy obtained pursuant to this section shall be subject, in the discretion of the court, to a civil penalty not to exceed $2,000 for each violation. A civil action for such violation or failure may be brought by the town. Any civil penalties assessed by a court shall be paid into the treasury of the town; except that where the violator is the town itself, or its agent, the court shall direct the penalty to be paid into the state treasury.
(F) The Town Attorney shall take legal action to enforce the provisions of this chapter.
(G) Compliance with the provisions of this chapter shall be prima facie evidence, in any legal or equitable proceeding for damages caused by erosion or sedimentation, that all requirements of law have been met and that the complaining party must show negligence in order to recover damages.
(1998 Code, § 18-42)