§ 5002. Penalties.

a.

Without limiting the remedies which may be obtained under this appendix B-2, any person who violates any provision of this appendix B-2 or who violates or fails, negates, or refuses to obey any commission or wetlands board notice, order, rule, or regulation, or permit condition authorized by this appendix B-2 shall, upon such finding by an appropriate circuit court, be assessed a civil penalty not to exceed twenty-five thousand dollars ($25,000.00) for each day of violation. Such civil penalties may, at the discretion of the court assessing them, be directed to be paid into the treasury of the county, city, or town in which the violation occurred for the purpose of abating environmental damage to or restoring dunes or beaches therein, in such a manner as the county may, by order, direct, except that where the violator is the county, city or town itself, or its agent, the court shall direct the penalty to be paid into the state treasury.

b.

Without limiting the remedies which may be obtained under this appendix B-2, and with the consent of any person who has violated any provision of this appendix B-2 or who has violated or failed, neglected, or refused to obey any commission or wetlands board order, rule, regulation or permit condition authorized by this appendix B-2, the commission or wetlands board may provide, in an order issued by the commission or wetlands board against such person, for the one-time payment of civil charges for each violation in specific sums, not to exceed ten thousand dollars ($10,000.00) for each violation under subsection a. of this section. Civil charges may be in addition to the cost of any restoration ordered by the commission or wetlands board. (10-15-09.)

For state law as to authority of county to enact this appendix, see Code of Virginia, Section 28.2-1403. As to wetlands zoning, see Chapter 17 of this Code. As to erosion and sedimentation control, see Chapter 6 of this Code. As to zoning generally, see appendix B.