§ 11-13-8. Violations.

(a)

Criminal penalties. A person who violates the following provisions of this chapter shall be guilty of a Class 1 misdemeanor. Each day of violation shall constitute a separate offense.

Offenses punishable as criminal offenses hereunder include:

a.

Dumping of any hazardous, household hazardous, bulk, or industrial waste; or

b.

Dumping of any other waste with intentional disregard for the water quality of the waters of the Commonwealth of Virginia. Three citations for the same or similar violation within a 24-month period shall create a presumption of such intentional disregard and knowingly and willfully violating the provisions of this section. The burden of proof shall lie with the defendant to rebut such presumption.

(b)

Civil penalties. Any other violation of this chapter not set forth in section (a) above shall be punishable as a Class 4 civil violation pursuant to city Code section 1-1-11(b)(4).

(c)

Injunctive relief. In addition to any penalty imposed for each violation of this chapter, a judge hearing the case may direct the person responsible for the violation to correct the violation and remedy any damage to the property where the spill or dump occurred. Each day's default in the performance of such correction or remediation shall constitute a violation of, and a separate offense under, this chapter. A person convicted of a violation of this chapter may also be ordered by the court to perform public service relating to the correction or remediation of an area polluted by solid waste. (Ord. No. 4211, 6/16/01, Sec. 1; Ord. No. 5105, 2/24/18, Sec. 1)