{"data":{"id":"us-va/4vac25-130-846.14","jurisdiction":"us-va","citation":"4VAC25-130-846.14","heading":"Amount of the individual civil penalty","body":"(a) In determining the amount of an individual civil penalty, the division shall consider the criteria specified in § 45.2-1021 of the Act, including:\n\n(1) The individual's history of authorizing, ordering or carrying out previous violations, failures or refusals at the particular surface coal mining operation;\n\n(2) The seriousness of the violation, failure or refusal (as indicated by the extent of damage and/or the cost of reclamation), including any irreparable harm to the environment and any hazard to the health or safety of the public; and,\n\n(3) The demonstrated good faith of the individual charged in attempting to achieve rapid compliance after notice of the violation, failure or refusal.\n\n(b) The penalty shall not exceed $5,000 for each violation, except that if the violation resulted in a personal injury or fatality to any person, then the civil penalty determined under 4VAC25-130-845.13 (d) shall be multiplied by a factor of 20, not to exceed $70,000. Each day of a continuing violation may be deemed a separate violation and the division may assess a separate individual civil penalty for each day the violation, failure or refusal continues, from the date of service of the underlying notice of violation, cessation order or other order incorporated in a final decision issued by the director, until abatement or compliance is achieved.","path":["Title 4. Conservation And Natural Resources","Agency 25. Department of Energy","Chapter 130. Coal Surface Mining Reclamation Regulations","Part 846. Individual Civil Penalties"],"source_url":"https://law.lis.virginia.gov/admincode/title4/agency25/chapter130/section846.14/","current_through":"2026 Regular Session (effective July 1, 2026)","vintage":"","retrieved_at":"2026-09-14T04:46:20Z","sha256":"d19ded5c939cd6c4a90f61d511351a6f930286de041a8768d4fdf21a8b02b2f3","source_id":"us-va-vac","stale":false,"prev":"us-va/4vac25-130-846.12","next":"us-va/4vac25-130-846.17"},"notice":"GroundRules: Original legal text. Not legal advice."}