§ 67.1-8C-1. Civil Penalties.

(a)

Any Person who violates any provision of this Ordinance, any order or permit issued hereunder, or any other pretreatment requirement may be liable to the County for a civil penalty. Each day during which a violation is found to have existed shall constitute a separate violation, and any civil penalties imposed under this Section shall be applied to the purpose of abating, preventing or mitigating environmental pollution.

(b)

No administrative order assessing a civil penalty for a violation shall be issued until after the User has been provided an opportunity for a hearing before the Director, except with the consent of the User. The notice of the hearing shall be served personally or by registered or certified mail, return receipt requested, on any Authorized Representative of the User at least 30 days prior to the hearing. The notice shall specify the time and place for the hearing, facts and legal requirements related to the alleged violation, and the amount of any proposed penalty. At the hearing the User may present evidence including witnesses regarding the occurrence of the alleged violation and the amount of the penalty, and the User may examine any witnesses for the County. A verbatim record of the hearing shall be made. Within 30 days after the conclusion of the hearing, the Director shall make findings of fact and conclusions of law and issue a final order.

(c)

No administrative order shall assess civil penalties in excess of $32,500 per violation, or $100,000 per order, except with the consent of the User. The actual amount of any penalty assessed shall be based upon the severity of the violations, the extent of any potential or actual environmental harm or damage to the Facilities of the County, the compliance history of the User, any economic benefit realized from the noncompliance, and the ability of the User to pay the penalty. In addition to civil penalties, the order may include a monetary assessment for actual damages to sewers, treatment works and appurtenances and for costs, attorney fees and other expenses resulting from the violation. Civil penalties in excess of the maximum amounts established in this subsection may be imposed only by a court in amounts determined in its discretion but not to exceed $32,500 for each violation.

(d)

This Section shall neither preclude the County from proceeding directly in Circuit Court to compel compliance with its sewer use standards or seek civil penalties for violation of the same nor be interpreted as limiting any otherwise applicable legal remedies or sanctions.

(e)

Any Person whose acts result in the assessment of a civil penalty against the County pursuant to Virginia Code § 62.1-44.32 shall be liable to the County for such penalty.

(f)

Any civil penalties imposed under this Section shall be applied to the purpose of abating, preventing, or mitigating environmental pollution.

(31-10-67.1.)

(31-10-67.1.)