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Virginia Administrative Code
Title 9. Environment
Agency 5. State Air Pollution Control Board
Chapter 91. Regulations for the Control of Motor Vehicle Emissions in the Northern Virginia Area
11/5/2024

9VAC5-91-760. Schedule of civil charges.

A. No charge shall exceed an adjusted maximum charge of $450 adjusted annually by using 1990 as the base year and applying the consumer price index.

B. For violations measured in accordance with 9VAC5-91-750 B to be up to 150% of the applicable standard, the charge shall not exceed 50% of the adjusted maximum charge in subsection A of this section.

C. For violations measured in accordance with 9VAC5-91-750 B to be over 150% of the applicable standard, the charge shall not exceed the adjusted maximum charge in subsection A of this section.

D. Civil charges assessed pursuant to this part shall be paid into the state treasury according to § 46.2-1178.1 of the Code of Virginia.

E. For the purpose of applying a civil charge as prescribed in this section, the degree of violation shall be determined by averaging the highest percentages by which the emissions standard was exceeded for each remote sensing measurement in which at least one of the applicable standards was exceeded.

Statutory Authority

§§ 46.2-1178.1, 46.2-1178.2 and 46.2-1180 of the Code of Virginia; § 182 of the federal Clean Air Act; 40 CFR Part 51, Subpart S.

Historical Notes

Derived from Virginia Register Volume 13, Issue 5, eff. January 24, 1997; amended, Virginia Register Volume 21, Issue 19, eff. June 29, 2005.

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