West Virginia § 22-11-24 - 22-11-24. Violations; criminal penalties.

§ 22-11-24. 22-11-24. Violations; criminal penalties.

(a) Any person who causes pollution or who fails or refuses to discharge any duty imposed upon him or her by this article, by §22-11A-1 et seq ., or §22-11B-1 et seq . of this code or by any rule of the board or director, promulgated pursuant to the provisions and intent of this article, or §22-11A-1 et seq ., or §22-11B-1 et seq . of this code, or by an order of the director or board, or who fails or refuses to apply for and obtain a permit as required by the provisions of this article, or §22-11A-1 et seq ., or §22-11B-1 et seq . of this code, or who fails or refuses to comply with any term or condition of such permit, is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than $100 nor more than $1,000, or confined in jail for a period not exceeding six months, or by both fine and confinement.

(b) Any person who intentionally misrepresents any material fact in an application, record, report, plan, or other document filed or required to be maintained under the provisions of this article, §22-11A-1 et seq ., or §22-11B-1 et seq . of this code or any rules promulgated by the director thereunder is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than $1,000 nor more than $10,000 or confined in jail not exceeding six months, or by both fine and confinement.

(c) Any person who willfully or negligently violates any provision of any permit issued under or subject to the provisions of this article, or §22-11A-1 et seq ., or §22-11B-1 et seq . of this code or who willfully or negligently violates any provision of this article, or §22-11A-1 et seq ., or §22-11B-1 et seq . of this code, any rule of the board or director, any effluent limitation, or any order of the director or board is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than $2,500 nor more than $25,000 per day of violation or by confinement in jail not exceeding one year or by both fine and confinement.

(d) Any person convicted of a second or subsequent willful violation of subsections (b) or (c) of this section or knowingly and willfully violates any provision of any permit, rule, or order issued under or subject to the provisions of this article, or §22-11A-1 et seq ., or §22-11B-1 et seq . of this code, or knowingly and willfully violates any provision of this article, or §22-11A-1 et seq ., or §22-11B-1 et seq . of this code, is guilty of a felony and, upon conviction, shall be imprisoned in a state correctional facility not less than one nor more than three years, or fined not more than $50,000 for each day of violation, or both fined and imprisoned.

(e) Any person may be prosecuted and convicted under the provisions of this section notwithstanding that none of the administrative remedies provided in this article have been pursued or invoked against said person and notwithstanding that civil action for the imposition and collection of a civil penalty or an application for an injunction under the provisions of this article has not been filed against such person.

(f) Where a person holding a permit is carrying out a program of pollution abatement or remedial action in compliance with the conditions and terms of the permit, the person is not subject to criminal prosecution for pollution recognized and authorized by the permit.