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(v) No approved erosion and sediment control plan; (vi) Failure to install stormwater BMP's or erosion and sediment controls; (vii) Stormwater BMPs or erosion and sediment controls improperly installed or maintained; (viii) Operational deficiencies; (ix) Failure to conduct required inspections; (x) Incomplete, improper, or missed. inspections; and (xi) Discharges not in compliance with the requirements of Section 9VAC-25-880-70 of the general permit. (2) The Administrator may institute proceedings. for collection of the civil penalty and the action may be prosecuted in the appropriate court. (3) In imposing a civil penalty pursuant to this Subsection, the court may consider the degree of harm caused by the violation and also the economic benefit to the violator from noncompliance. (4) Any civil penalties assessed by a court as a result of proceedings initiated by the City shall be paid into the treasury of the City of Portsmouth to be used for the purpose of minimizing, preventing, managing, or mitigating pollution of the waters of the locality and abating environmental pollution therein. (c) Notwithstanding any other civil or equitable remedy provided by this Section or by law, any person who willfully or negligently violates any provision of this Chapter, any order of the Administrator, any condition of a permit, or any order of a court shall be guilty of a misdemeanor punishable by confinement in jail for not more than twelve months or a fine of not less than $2,500 nor more than $32,500, or both. Sec.31.2-17. Fees. (a) Applicant shall be required to pay the City of Portsmouth's applicable land disturbance permit fees, site plan review fees, and site inspection fees. (b) All fees, including Fees for Permit Issuance, Modification or Transfer or Registration Statements, and Permit Maintenance Fees, are provided in the City of Portsmouth Engineering Department's Schedule of Fees.