A.
Violators of this chapter shall be guilty of a Class 1 misdemeanor.
B.
Any person who violates any provision of Code of Virginia, § 62.1-44.15:55 or § 62.1-44.15:56, shall, upon a finding of the District Court of Mathews 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. Any such civil penalties shall be in lieu of criminal sanctions and shall preclude the prosecution of such violation as a misdemeanor under Subsection A of § 62.1-44.15:63.
C.
The VESCP plan approving authority or the owner of the property which
has sustained damage, or which is in imminent danger of being damaged,
may apply to the Circuit Court of Mathews County to enjoin a violation
or a threatened violation of this chapter or Code of Virginia, § 62.1-44.15:55
or § 62.1-44.15:56, without the necessity of showing that
an adequate remedy at law does not exist.
D.
However, an owner of property shall not apply for injunctive relief
unless:
(1)
He or she has notified in writing the person who has violated the
local program, and the program authority, that a violation of the
local program has caused, or creates a probability of causing, damage
to his property; and
(2)
Neither the person who has violated the local program nor the program
authority has taken corrective action within 15 days to eliminate
the conditions which have caused, or create the probability of causing,
damage to his or her property.
E.
In addition to any criminal or civil penalties provided under this
chapter, any person who violates any provision of the Erosion and
Sediment Control Law may be liable to the County in a civil action
for damages.
F.
Any civil penalties assessed by a court shall be paid into the treasury
of the County, except that where the violator is the locality itself,
or its agent, the court shall direct the penalty to be paid into the
state treasury.
G.
Without limiting the remedies which may be obtained in this chapter,
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 County. Any civil penalties assessed
by a court shall be paid into the treasury of the County, except that
where the violator is the locality itself, or its agent, the court
shall direct the penalty to be paid into the state treasury.
H.
With the consent of any person who has violated or failed, neglected, or refused to obey any regulation or condition of a permit, or any provision of this chapter, or order of the VESCP plan approving authority of Mathews County may provide for the payment of civil charges for violations in specific sums, not to exceed the limit specified in Subsection B of this section. Such civil charges shall be instead of any appropriate civil penalty which could be imposed under Subsection B or E.
I.
The Commonwealth's Attorney, shall, upon request of Mathews
County, take legal action to enforce the provisions of this chapter.
J.
Compliance with the provisions of this chapter shall be prima facie
evidence in any legal or equitable proceeding for damages caused by
erosion, siltation or sedimentation that all requirements of law have
been met, and the complaining party must show negligence in order
to recover any damages.
Final decisions of the governing body of Mathews County under
this chapter shall be subjected to review by the Circuit Court of
Mathews County provided an appeal is filed within 30 days from the
date of the final written decision by the governing body which adversely
affects the rights, duties or privileges of the person engaging in
or proposing to engage in land-disturbing activities.
