Virginia Regulatory Town Hall
Department of Environmental Quality
Virginia Waste Management Board

General Notice
Draft Guidelines and Procedures for Calculating Appropriate Environmental Civil Charges and Civil Penalties
Date Posted: 3/16/2006
Expiration Date: 5/3/2006
Submitted to Registrar for publication: NO
No comment forum defined for this notice.
          The State Air Pollution Control Board, the State Water Control Board, and the Virginia Waste Management Board (“the Boards”) are seeking public comment on a draft guidance document entitled Civil Charges and Civil Penalties in Administrative Actions.”  In 2005, the Governor and General Assembly amended the authority for environmental civil charges and civil penalties, and directed the Boards to:

develop and provide an opportunity for public comment on guidelines and procedures that contain specific criteria for calculating the appropriate penalty for each violation based upon the severity of the violations, the extent of any potential or actual environmental harm, the compliance history of the facility or person, any economic benefit realized from the noncompliance, and the ability of the person to pay the penalty. (2005 Acts c. 706)

            In response, staff from the Department of Environmental Quality (“the Department”) have developed the draft guidance noted above, which may be obtained from the Department’s website at:, or by requesting a copy from the contact below.

            Anyone wishing to submit comments for the public comment file may do so by mail, email, or facsimile to John E. Ely, Division of Enforcement, Virginia Department of Environmental Quality, P.O. Box 10009, Richmond, VA, 23240-0009; telephone: (804) 698-4249; facsimile: (804) 698-4277; and email  Comments must be in writing and include the name and address of the commenter.  In order to be considered comments must be received by 5:00 p.m. on or before May 3, 2006.

            In addition, members of the Boards will be briefed on the draft guidance document and accept public comment on the draft at their joint meeting to be held at 1:00 p.m. on April 18, 2006 at Virginia Military Institute in Lexington, Virginia.

Contact Information
Name / Title: John E. Ely  / Reg. Coordinator
Richmond, 23240
Email Address:
Telephone: (804)698-4249    FAX: (804)698-4277