An Act to amend and reenact §§ 10.1-1182 and 62.1-44.15:54 of the Code of Virginia, relating to Department of Environmental Quality; special orders; Virginia Erosion and Sediment Control Program; civil penalties.
HB1350 amends two provisions of the Code of Virginia governing Department of Environmental Quality enforcement and local erosion and sediment control programs. First, it increases the maximum civil penalty that may be included in a DEQ special order from $10,000 to $32,500. A special order is an administrative order issued for up to 12 months, and the bill expands the potential monetary leverage available to the agency when resolving environmental violations through that process.
Second, the bill revises the Virginia Erosion and Sediment Control Program (VESCP) penalty provisions for localities that administer their own programs. It raises the general civil penalty cap for violations from $1,000 per violation and $10,000 per series of violations to $32,500 per violation and $32,500 per series, while preserving a lower penalty structure for certain smaller land-disturbing activities outside Chesapeake Bay Preservation Areas. The bill also keeps existing authority for localities to charge reasonable administrative fees, coordinate with other land-use and floodplain programs, and use outside entities to assist with plan review, inspections, monitoring, and enforcement.
The bill directly amends §§ 10.1-1182 and 62.1-44.15:54, increasing the enforcement and penalty authority of the Department of Environmental Quality and local VESCP authorities. It expands the maximum civil penalties available under special orders and under local erosion and sediment control enforcement, which may affect developers, contractors, landowners, and other parties engaged in land-disturbing activities. Local governments administering erosion and sediment control programs may have greater leverage to deter or punish violations, and the Board and Department may also use the higher penalty amounts in their own enforcement actions.
The available record shows no committee transcript or recorded vote history, so there is no documented debate or split in the materials provided. The bill’s enactment as Chapter 467 suggests it ultimately received sufficient support to pass and be signed into law. Based on the text alone, the measure appears to reflect a policy choice favoring stronger environmental enforcement and higher deterrent penalties.
The main point of potential contention is the substantial increase in civil penalties, especially the jump to $32,500 for both special orders and erosion and sediment control violations. Supporters would likely view the higher caps as necessary to improve compliance and deter environmental harm, while opponents could argue the penalties are too steep for localities, small businesses, or smaller land-disturbing projects. The bill partially addresses that concern by retaining a lower penalty ceiling for certain smaller projects outside Chesapeake Bay Preservation Areas, but it still authorizes significantly higher enforcement exposure than prior law.