A. As used in this section, "supplemental environmental project" means anenvironmentally beneficial project undertaken as partial settlement of acivil enforcement action and not otherwise required by law.
B. The State Air Pollution Control Board, the State Water Control Board, theVirginia Waste Management Board, or the Director acting on behalf of one ofthese boards or under his own authority in issuing any administrative order,or any court of competent jurisdiction as provided for under this Code, may,in its or his discretion and with the consent of the person subject to theorder, provide for such person to undertake one or more supplementalenvironmental projects. The project shall have a reasonable geographic nexusto the violation or, if no such project is available, shall advance at leastone of the declared objectives of the environmental law or regulation that isthe basis of the enforcement action. Performance of such projects shall beenforceable in the same manner as any other provision of the order.
C. The following categories of projects may qualify as supplementalenvironmental projects, provided the project otherwise meets the requirementsof this section: public health, pollution prevention, pollution reduction,environmental restoration and protection, environmental compliance promotion,and emergency planning and preparedness. In determining the appropriatenessand value of a supplemental environmental project, the following factorsshall be considered by the enforcement authority: net project costs, benefitsto the public or the environment, innovation, impact on minority or lowincome populations, multimedia impact, and pollution prevention. The costs ofthose portions of a supplemental environmental project that are funded bystate or federal low-interest loans, contracts or grants shall be deductedfrom the net project cost in evaluating the project. In each case in which asupplemental environmental project is included as part of a settlement, anexplanation of the project with any appropriate supporting documentationshall be included as part of the case file.
D. Nothing in this section shall require the disclosure of documents exemptfrom disclosure pursuant to the Virginia Freedom of Information Act (§2.2-3700 et seq.).
E. Any decision whether or not to agree to a supplemental environmentalproject is within the sole discretion of the applicable board, official orcourt and shall not be subject to appeal.
F. Nothing in this section shall be interpreted or applied in a mannerinconsistent with applicable federal law or any applicable requirement forthe Commonwealth to obtain or maintain federal delegation or approval of anyregulatory program.
A. As used in this section, "supplemental environmental project" means anenvironmentally beneficial project undertaken as partial settlement of acivil enforcement action and not otherwise required by law.
B. The State Air Pollution Control Board, the State Water Control Board, theVirginia Waste Management Board, or the Director acting on behalf of one ofthese boards or under his own authority in issuing any administrative order,or any court of competent jurisdiction as provided for under this Code, may,in its or his discretion and with the consent of the person subject to theorder, provide for such person to undertake one or more supplementalenvironmental projects. The project shall have a reasonable geographic nexusto the violation or, if no such project is available, shall advance at leastone of the declared objectives of the environmental law or regulation that isthe basis of the enforcement action. Performance of such projects shall beenforceable in the same manner as any other provision of the order.
C. The following categories of projects may qualify as supplementalenvironmental projects, provided the project otherwise meets the requirementsof this section: public health, pollution prevention, pollution reduction,environmental restoration and protection, environmental compliance promotion,and emergency planning and preparedness. In determining the appropriatenessand value of a supplemental environmental project, the following factorsshall be considered by the enforcement authority: net project costs, benefitsto the public or the environment, innovation, impact on minority or lowincome populations, multimedia impact, and pollution prevention. The costs ofthose portions of a supplemental environmental project that are funded bystate or federal low-interest loans, contracts or grants shall be deductedfrom the net project cost in evaluating the project. In each case in which asupplemental environmental project is included as part of a settlement, anexplanation of the project with any appropriate supporting documentationshall be included as part of the case file.
D. Nothing in this section shall require the disclosure of documents exemptfrom disclosure pursuant to the Virginia Freedom of Information Act (§2.2-3700 et seq.).
E. Any decision whether or not to agree to a supplemental environmentalproject is within the sole discretion of the applicable board, official orcourt and shall not be subject to appeal.
F. Nothing in this section shall be interpreted or applied in a mannerinconsistent with applicable federal law or any applicable requirement forthe Commonwealth to obtain or maintain federal delegation or approval of anyregulatory program.
A. As used in this section, "supplemental environmental project" means anenvironmentally beneficial project undertaken as partial settlement of acivil enforcement action and not otherwise required by law.
B. The State Air Pollution Control Board, the State Water Control Board, theVirginia Waste Management Board, or the Director acting on behalf of one ofthese boards or under his own authority in issuing any administrative order,or any court of competent jurisdiction as provided for under this Code, may,in its or his discretion and with the consent of the person subject to theorder, provide for such person to undertake one or more supplementalenvironmental projects. The project shall have a reasonable geographic nexusto the violation or, if no such project is available, shall advance at leastone of the declared objectives of the environmental law or regulation that isthe basis of the enforcement action. Performance of such projects shall beenforceable in the same manner as any other provision of the order.
C. The following categories of projects may qualify as supplementalenvironmental projects, provided the project otherwise meets the requirementsof this section: public health, pollution prevention, pollution reduction,environmental restoration and protection, environmental compliance promotion,and emergency planning and preparedness. In determining the appropriatenessand value of a supplemental environmental project, the following factorsshall be considered by the enforcement authority: net project costs, benefitsto the public or the environment, innovation, impact on minority or lowincome populations, multimedia impact, and pollution prevention. The costs ofthose portions of a supplemental environmental project that are funded bystate or federal low-interest loans, contracts or grants shall be deductedfrom the net project cost in evaluating the project. In each case in which asupplemental environmental project is included as part of a settlement, anexplanation of the project with any appropriate supporting documentationshall be included as part of the case file.
D. Nothing in this section shall require the disclosure of documents exemptfrom disclosure pursuant to the Virginia Freedom of Information Act (§2.2-3700 et seq.).
E. Any decision whether or not to agree to a supplemental environmentalproject is within the sole discretion of the applicable board, official orcourt and shall not be subject to appeal.
F. Nothing in this section shall be interpreted or applied in a mannerinconsistent with applicable federal law or any applicable requirement forthe Commonwealth to obtain or maintain federal delegation or approval of anyregulatory program.
