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2008 SESSION

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083932333
SENATE BILL NO. 135 Offered January 9, 2008 Prefiled January 3, 2008 A BILL to amend the Code of Virginia by adding in Chapter 10.1 of Title 3.1 a section numbered 3.1-106.23, relating to providing soil analysis when fertilizers applied; civil penalty. ---------- Patron-- Stuart ---------- Referred to Committee on Agriculture, Conservation and Natural Resources ----------

Be it enacted by the General Assembly of Virginia:

1.  That the Code of Virginia is amended by adding in Chapter 10.1 of Title 3.1 a section numbered 3.1-106.23 as follows:

§ 3.1-106.23. Soil analysis to be provided by contract applicator; civil penalty.

A. Before applying any regulated product to the property of a customer, a contractor-applicator shall have a soil analysis performed of the soil on that property by a certified laboratory qualified to perform such soil analysis.  All applications of the regulated product shall be consistent with the recommendations of the soil analysis. The contractor-applicator shall disclose that analysis to the customer at the time of payment of the bill.

B. The Board may impose a civil penalty of $500 upon any contractor-applicator who fails to provide the customer with the soil analysis which shall be deposited into the special fund as provided for in § 3.1-106.22. The contractor-applicator to whom a civil penalty is issued shall have 15 days to request an informal fact-finding conference, held pursuant to § 2.2-4019, to challenge the fact or amount of the civil penalty. If the civil penalty is upheld, the person or business against whom the civil penalty has been upheld shall have 15 days to pay the proposed penalty in full, or if the contractor-applicator wishes to contest either the amount of the penalty or the fact of the violation, forward the proposed amount to the Commission's office for placement in an interest-bearing trust account in the State Treasurer's office. If through administrative or judicial review of the proposed penalty, it is determined that no violation occurred, or that the amount of penalty should be reduced, the Commissioner shall within 30 days of that determination remit the appropriate amount to the person or business with interest accrued thereon. If the violation is upheld, the amount collected shall be paid into a special fund in the state treasury to the credit of the Department as provided § 3.1-106.22.