49-117. Supplemental environmental project;
requirements; nexus


A supplemental environmental project that is initiated or accepted by the department
shall comply with this section, shall advance at least one of the objectives of the
environmental statutes that are the basis of the enforcement action and shall have an
adequate nexus. A nexus exists only if any of the following apply. The proposed project:


1. Is designed to reduce the likelihood that similar violations will occur in the
future.


2. Reduces the adverse impact to public health or the environment to which the
violation contributes.


3. Reduces the overall risk to public health or the environment potentially
affected by the violation.