(A) Any person who violates any provision of this chapter or who fails, neglects, or refuses to comply with any order of the Administrator, shall be subject to a civil penalty not to exceed $32,500 for each violation within the discretion of the court. Each day of violation of each requirement shall constitute a separate offense.
(1) Violations for which a penalty may be imposed under this division (A)(1) shall include but not be limited to the following:
(a) No state permit registration;
(b) No SWPPP;
(c) Incomplete SWPPP;
(d) SWPPP not available for review;
(e) No approved erosion and sediment control plan;
(f) Failure to install stormwater BMPs or erosion and sediment controls;
(g) Stormwater BMPs or erosion and sediment controls improperly installed or maintained;
(h) Operational deficiencies;
(i) Failure to conduct required inspections;
(j) Incomplete, improper, or missed inspections; and
(k) Discharges not in compliance with the requirements of 4 VAC § 50-60-1170 of the general permit.
(2) The Administrator may issue a summons for collection of the civil penalty and the action may be prosecuted in the appropriate court.
(3) In imposing a civil penalty pursuant to this division (A), the court may consider the degree of harm caused by the violation and also the economic benefit to the violator from noncompliance.
(4) Any civil penalties assessed by a court as a result of a summons issued by the locality shall be paid into the treasury of the town to be used for the purpose of minimizing, preventing, managing, or mitigating pollution of the waters of the locality and abating environmental pollution therein in such manner as the court may, by order, direct.
(B) Notwithstanding any other civil or equitable remedy provided by this section or by law, any person who willfully or negligently violates any provision of this chapter, any order of the Administrator, any condition of a permit, or any order of a court shall be guilty of a misdemeanor punishable by confinement in jail for not more than 12 months or a fine of not less than $2,500 nor more than $32,500, or both.
(1998 Code, § 18-64)