Virginia Law

Except as otherwise permitted by law, it shall be unlawful for any person to cast, throw or dump any garbage, refuse, dead animal, trash, carton, can, bottle, container, box, lumber, timber or like material, or other solid waste, except fish or crab bait in any form, into any of the waters of this Commonwealth. When a violation of any provision of this section has been observed by any person, and the matter dumped or disposed of in the waters of this Commonwealth has been ejected from a boat, the owner or operator of such boat shall be presumed to be the person ejecting such matter; provided, however, that such presumption shall be rebuttable by competent evidence. Every such act shall be a misdemeanor punishable by a fine not to exceed $1,000 or confinement in jail not to exceed thirty days, or both. Every law-enforcement officer of this Commonwealth and its subdivisions shall have authority to enforce the provisions of this section.

Code 1950, §§ 62-182, 62-183; 1960, c. 246; 1968, c. 659; 1970, c. 486; 1974, c. 603; 2007, c. 24.

A. Except as otherwise permitted by law, it shall be unlawful for any person to dump, place or put, or cause to be dumped, placed or put into, upon the banks of or into the channels of any state waters any object or substance, noxious or otherwise, which may reasonably be expected to endanger, obstruct, impede, contaminate or substantially impair the lawful use or enjoyment of such waters and their environs by others. Any person who violates any provision of this law shall be guilty of a Class 1 misdemeanor. Each day that any of said materials or substances so dumped, placed or put, or caused to be dumped, placed or put into, upon the banks of or into the channels of, said streams shall constitute a separate offense and be punished as such.

B. In addition to the foregoing penalties for violation of this law, the judge of the circuit court of the locality wherein any such violation occurs, whether there be a criminal conviction therefor or not shall, upon a complaint filed by the attorney of such locality or by any person whose property is damaged or whose property is threatened with damage from any such violation, award an injunction enjoining any violation of this law by any person found by the court in such suit to have violated this law or causing the same to be violated, when made a party defendant to such suit.

1968, c. 659; 2007, c. 26.

Repealed by Acts 1992, c. 836.

It shall be unlawful for any person to throw or otherwise dispose of trash, debris, tree laps, logs, or fell timber or make or cause to be made any obstruction which exists for more than a week (excepting a lawfully constructed dam) in, under, over or across any river, creek, stream, or swamp, so as to obstruct the free passage of boats, canoes, or other floating vessels, or fish in such waters. The provisions of this section shall be enforceable by duly authorized state and local law-enforcement officials and by conservation police officers whose general police power under § 29.1-205 and forest wardens whose general police powers under § 10.1-1135 shall be deemed to include enforcement of the provisions of this section. Violations of this section shall be punishable as a misdemeanor under § 18.2-12; and each day for which any violation continues without removal of such obstruction, on and after the tenth day following service of process on the violator in accordance with § 19.2-75, shall constitute a separate offense punishable as a misdemeanor under § 18.2-12.

Code 1950, § 62-187.1; 1964, c. 157; 1968, c. 86; 1988, c. 196.

(a) If any person place any dam or other obstruction in any tributary of Big Sandy River so as to prevent the free passage of timber, or any raft or boat, he shall be fined not less than $50 nor more than $500; and, upon conviction thereof, the court or judge of the county court shall order the dam or other obstruction to be removed at his expense.

(b) It shall also be unlawful for any person to dump, place or put, or cause to be dumped, placed, or put into, upon the banks of or into the channels of Big Sandy River or any of its tributaries, any dirt, stone, coal, slate, cinders, mine refuse, trees, timber, logs, garbage or any other material or substance so as to in anywise narrow, fill or restrict or partially narrow, fill or restrict the channels of said streams or impede the natural flow of the waters of said river or any of its tributaries or dump, place or put, or cause to be dumped, placed or put any dirt, stone, coal, slate, cinders, mine refuse, trees, timber, logs, garbage or any other material, or substance where the same does by natural rainfall or flow of water become washed or otherwise carried into, upon the banks of, or into the channels of, such river or any of its tributaries so as to in anywise narrow, fill or restrict or partially narrow, fill or restrict the channels of any of said streams or impede the natural flow of the waters thereof. Any person who violates any provision of this law shall be guilty of a misdemeanor and upon conviction be punished by a fine of not less than $100 nor more than $500 or by confinement in jail not more than twelve months or both such fine and imprisonment. Each day that any of said materials or substances so dumped, placed or put, or caused to be dumped, placed or put into or so allowed to be washed or otherwise so carried into, upon the banks of or into the channels of, said streams shall constitute a separate offense and be punished as such.

(c) In addition to the foregoing penalties for violation of this law, the judge of the circuit court of the county wherein any such violation occurs, whether there be a criminal conviction therefor or not shall, upon a bill in equity, filed by the attorney for the Commonwealth of such county or by any person whose property is damaged or whose property is threatened with damage from any such violation, award an injunction enjoining any violation of this law by any person found by the court in such suit to have violated this law or causing the same to be violated, when made a party defendant to such suit.

(d) This section shall not be construed to restrict the construction or reconstruction of highways, or the construction or reconstruction of the right-of-way of any company subject to the Commonwealth Corporation Commission, or the maintenance thereof in either case, provided the channel thereafter continues to permit a flow of water in such stream at least as large as that prevailing theretofore, provided that if the channel above the point of such work be widened or deepened subsequently then such company may be required by the circuit court of the county on petition of any interested person to change its right-of-way where practicable so as to permit the increased flow of water.

Code 1950, § 62-190; 1960, c. 257; 1968, c. 169.

Repealed by Acts 1990, c. 917.

Repealed by Acts 2021, Sp. Sess. I, c. 387, cl. 11.

Expired.

Repealed by Acts 2021, Sp. Sess. I, c. 387, cl. 11.

Repealed by Acts 1987, c. 488.

A. For the purposes of this section:

"High-PAH pavement sealant" means a sealant product intended for application on asphalt pavement surfaces, including driveways and parking lots, containing levels of polycyclic aromatic hydrocarbons in excess of one percent by weight.

"Polycyclic aromatic hydrocarbons" or "PAH" means a group of compounds that are byproducts of incomplete combustion, that include several carcinogens, and that are designated as hazardous substances pursuant to § 9602(a) of the federal Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. § 9601 et seq.).

B. No person shall sell or distribute at retail or offer for retail sale or distribution a high-PAH pavement sealant on or after July 1, 2024. This subsection shall not restrict the continued sale of such a product by a retailer of any existing inventory in stock on July 1, 2024.

C. No person shall apply or use a high-PAH pavement sealant on or after July 1, 2025.

D. Any person who violates any provision of this section is subject to a civil penalty of $250, to be paid into the state treasury and deposited by the State Treasurer into the Virginia Environmental Emergency Response Fund established in § 10.1-2500.

2024, c. 736.