(A) A violation of this chapter shall be deemed a Class 1 misdemeanor.
(B) (1) Any person who violates any provision of this chapter shall, upon a finding of the district court of the county, be assessed a civil penalty. The civil penalty for any one violation shall be not less than $100 nor more than $1,000, except that the civil penalty for commencement of land-disturbing activities without an approved plan shall be $1,000. Each day during which the violation is found to have existed shall constitute a separate offense. In no event shall a series of specified violations arising from the same operative set of facts result in civil penalties which exceed a total of $10,000, 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 which exceed a total of $10,000.
(2) Note: the adoption of civil penalties according to this schedule shall be in lieu of criminal sanctions and shall preclude the prosecution of such violation as a misdemeanor under division (A) above. Refer to VA Code § 10.1-562J.
(C) The Administrator may apply to the Circuit Court of the county for injunction relief to enjoin a violation or a threatened violation of this chapter without the necessity of showing that there does not exist an adequate remedy at law.
(D) In addition to any criminal penalties provided under this chapter, any person who violates any provision of this chapter may be liable to the county in a civil action for damages.
(E) Without limiting the remedies which 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.
(F) With the consent of any person who has violated or failed, neglected, or refused to obey any regulation or order of the Board, or any condition of a permit or any provision of this chapter, the Board, or Administrator, may provide an order issued by the Board or the Administrator against such person, for the payment of civil charges for violations in specific sums, not to exceed the limit specified in division (E), above. Such civil charges shall be instead of any appropriate civil penalty, which could be imposed under subdivisions (B) and (E), above.
(G) The Commonwealth’s Attorney shall, upon request of the Administrator, take legal action to enforce the provisions of this chapter.
(H) 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 the complaining party must show negligence in order to recover any damages.
(Ord. passed 6-12-2008)