Virginia Code 10.1-613.1: Criminal penalties.
A. It is unlawful for any owner to knowingly:
Attorney's Note
Under the Virginia Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class 3 misdemeanor | up to $500 |
Terms Used In Virginia Code 10.1-613.1
- Board: means the Soil and Water Conservation Board. See Virginia Code 10.1-604
- Conviction: A judgement of guilt against a criminal defendant.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Director: means the Director of the Department of Conservation and Recreation. See Virginia Code 10.1-100
- Owner: means the owner of the land on which a dam is situated, the holder of an easement permitting the construction of a dam and any person or entity agreeing to maintain a dam. See Virginia Code 10.1-604
1. Operate, construct, or alter a dam without an approval as provided in this article;
2. Violate the terms of an approval, order, regulation, or requirement of the Board or Director under this article; or
3. Obstruct, hinder, or prevent the Board or its designated agents or employees from performing duties under this article.
A violation of any provision of this subsection or this article is a Class 3 misdemeanor.
B. Each day that any such violation occurs after notice of the original violation is served upon the violator by the Board or its designated agents or employees by registered mail shall constitute a separate offense. Upon conviction, the violator is subject to a fine not exceeding $500 per day for each day of the offense, not to exceed a total fine of $25,000, with costs imposed at the discretion of the court. In determining the amount of the penalty, the appropriate court shall consider the degree of harm to the public; whether the violation was knowing or willful; the past conduct of the defendant; whether the defendant should have been on notice of the violation; whether the defendant has taken steps to cease, remove, or mitigate the violation; and any other relevant information.
2006, c. 30.