§ 90-673. Violations

(a)

Whenever the administrator or his/her designee determines that there are reasonable grounds to believe that there has been a violation of any provisions of this article, based upon his/her investigation, the administrator or his/her designee shall give notice of such alleged violation as follows:

The notice shall:

(1)

Be in writing,

(2)

Include a statement of the reasons for its issuance,

(3)

Allow a reasonable time not to exceed a period of 30 days for the performance of any act it requires,

(4)

Be mailed by first class mail; and

(5)

Contain an outline of remedial actions which, if taken, will effect compliance with the provisions of this article.

(b)

Any person who:

(1)

Violates any provision of this article or

(2)

Violates or fails, neglects, or refuses to obey any final notice, order, rule, regulation, or variance or permit condition from Prince George County, as authorized under this article, shall, upon such finding by an appropriate circuit court, be assessed a civil penalty not to exceed $5,000.00 for each day of violation. Such civil penalties may, at the discretion of the court assessing them, be directed to be paid into the treasury of Prince George County for the purpose of abating environmental damage to or restoring Chesapeake Bay Preservation Areas, in such a manner as the court may direct by order, except that where the violator is the county itself, or its agent, then the court shall direct the penalty to be paid into the state treasury.

(c)

With the consent of Prince George County and any person who:

(1)

Violates any provision of any local ordinance related to the protection of water quality in Chesapeake Bay Preservation Areas; or

(2)

Violates or fails, neglects, or refuses to obey any official's notice, order, rule, regulation, or variance or permit condition from Prince George County as authorized under this article, a consent order may be issued against such person for the one-time payment of civil charges for each violation in specific sums, not to exceed $10,000.00 for each violation. Such civil charges shall be paid into the treasury of Prince George County for the purpose of abating environmental damage to or restoring Chesapeake Bay Preservation Areas, except that where the violator is the County of Prince George, or its agent, the civil charges shall be paid into the state treasury. Civil charges shall be in lieu of any appropriate civil penalty that could be imposed under paragraph (a). Civil charges may be in addition to the cost of any restoration required or ordered by Prince George County.

(Ord. No. O-18-09, § 1, 5-22-2018)

(Ord. No. O-18-09, § 1, 5-22-2018)