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2012 SESSION

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12102861D
SENATE BILL NO. 152 Offered January 11, 2012 Prefiled January 10, 2012 A BILL to amend the Code of Virginia by adding a section numbered 45.1-361.8:1, relating to the making of false statements in connection with a permit issued under the authority of the Virginia Gas and Oil Act; penalties. ---------- Patron-- Puckett ---------- 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 a section numbered 45.1-361.8:1 as follows:

§ 45.1-361.8:1. Civil and criminal penalties; making false statements.

A. Any person who willfully and knowingly (i) conducts operations without first obtaining a permit, after a permit has lapsed, or after suspension or revocation of a permit; (ii) violates a condition of a permit issued pursuant to this chapter; or (iii) disregards, fails to comply with, or refuses to comply with the regulations or orders promulgated or issued pursuant to the provisions of this chapter shall, upon conviction, be punished by a fine of not more than $10,000, by confinement in jail for not more than 12 months, or both.

B. Whenever a corporate permittee violates a condition of a permit or disregards, fails to comply with, or refuses to comply with any order issued under this chapter, any director, officer, or agent of such corporation who willfully and knowingly authorized, ordered, or carried out such violation, failure, or refusal shall be subject to the same civil penalties, fines, and confinement in jail that may be imposed upon a person under subsection A.

C. Any person or corporate permittee who knowingly makes any false statement, representation, or certification or knowingly fails to make any required statement, representation, or certification in any application, objection, record, report, plan, or other document filed or required to be maintained pursuant to this chapter, the regulations promulgated thereunder, or any order or decision issued by the Director under this chapter shall, upon conviction thereof, be punished by a fine of not more than $10,000, by confinement in jail for not more than 12 months, or both.