A. For purposes of this chapter, unless the context requires a differentmeaning:
"Environmental assessment" means a voluntary evaluation of activities orfacilities or of management systems related to such activities or facilitiesthat is designed to identify noncompliance with environmental laws andregulations, promote compliance with environmental laws and regulations, oridentify opportunities for improved efficiency or pollution prevention. Anenvironmental assessment may be conducted by the owner or operator of afacility or an independent contractor at the request of the owner or operator.
"Document" means information collected, generated or developed in thecourse of, or resulting from, an environmental assessment, including but notlimited to field notes, records of observation, findings, opinions,suggestions, conclusions, drafts, memoranda, drawings, photographs,videotape, computer-generated or electronically recorded information, maps,charts, graphs and surveys. "Document" does not mean information generatedor developed before the commencement of a voluntary environmental assessmentshowing noncompliance with environmental laws or regulations or demonstratinga clear, imminent and substantial danger to the public health or environment.
B. No person involved in the preparation of or in possession of a documentshall be compelled to disclose such document or information about itscontents, or the details of its preparation. Such a document, portion of adocument or information is not admissible without the written consent of theowner or operator in an administrative or judicial proceeding and need not beproduced as a result of an information request of the Department or otheragency of the Commonwealth or political subdivision. This privilege does notextend to a document, portion of a document or information that demonstratesa clear, imminent and substantial danger to the public health or theenvironment or to a document or a portion of a document required by law orprepared independently of the voluntary environmental assessment process.This privilege does not apply to a document or portion of a documentcollected, generated or developed in bad faith, nor does it alter, limit,waive or abrogate any other statutory or common law privilege.
C. A person or entity asserting a voluntary environmental assessmentprivilege has the burden of proving a prima facie case as to the privilege. Aparty seeking disclosure of a document, portion of a document, or informationhas the burden of proving the applicability of an exception in subsection Bto the voluntary environmental assessment privilege. Upon a showing, basedupon independent knowledge, by any party to: (i) an informal fact-findingproceeding held pursuant to § 2.2-4019 at which a hearing officer is present;(ii) a formal hearing pursuant to § 2.2-4020; or (iii) a judicial proceedingthat probable cause exists to believe that an exception listed in subsectionB to the voluntary environmental assessment privilege is applicable to all ora portion of a document or information, the hearing officer or court may haveaccess to the relevant portion of such document or information for thepurposes of an in camera review only to determine whether such exception isapplicable. The court or hearing examiner may have access to the relevantportion of a document under such conditions as may be necessary to protectits confidentiality. A moving party who obtains access to the document orinformation may not divulge any information from the document or otherinformation except as specifically allowed by the hearing examiner or thecourt.
A. For purposes of this chapter, unless the context requires a differentmeaning:
"Environmental assessment" means a voluntary evaluation of activities orfacilities or of management systems related to such activities or facilitiesthat is designed to identify noncompliance with environmental laws andregulations, promote compliance with environmental laws and regulations, oridentify opportunities for improved efficiency or pollution prevention. Anenvironmental assessment may be conducted by the owner or operator of afacility or an independent contractor at the request of the owner or operator.
"Document" means information collected, generated or developed in thecourse of, or resulting from, an environmental assessment, including but notlimited to field notes, records of observation, findings, opinions,suggestions, conclusions, drafts, memoranda, drawings, photographs,videotape, computer-generated or electronically recorded information, maps,charts, graphs and surveys. "Document" does not mean information generatedor developed before the commencement of a voluntary environmental assessmentshowing noncompliance with environmental laws or regulations or demonstratinga clear, imminent and substantial danger to the public health or environment.
B. No person involved in the preparation of or in possession of a documentshall be compelled to disclose such document or information about itscontents, or the details of its preparation. Such a document, portion of adocument or information is not admissible without the written consent of theowner or operator in an administrative or judicial proceeding and need not beproduced as a result of an information request of the Department or otheragency of the Commonwealth or political subdivision. This privilege does notextend to a document, portion of a document or information that demonstratesa clear, imminent and substantial danger to the public health or theenvironment or to a document or a portion of a document required by law orprepared independently of the voluntary environmental assessment process.This privilege does not apply to a document or portion of a documentcollected, generated or developed in bad faith, nor does it alter, limit,waive or abrogate any other statutory or common law privilege.
C. A person or entity asserting a voluntary environmental assessmentprivilege has the burden of proving a prima facie case as to the privilege. Aparty seeking disclosure of a document, portion of a document, or informationhas the burden of proving the applicability of an exception in subsection Bto the voluntary environmental assessment privilege. Upon a showing, basedupon independent knowledge, by any party to: (i) an informal fact-findingproceeding held pursuant to § 2.2-4019 at which a hearing officer is present;(ii) a formal hearing pursuant to § 2.2-4020; or (iii) a judicial proceedingthat probable cause exists to believe that an exception listed in subsectionB to the voluntary environmental assessment privilege is applicable to all ora portion of a document or information, the hearing officer or court may haveaccess to the relevant portion of such document or information for thepurposes of an in camera review only to determine whether such exception isapplicable. The court or hearing examiner may have access to the relevantportion of a document under such conditions as may be necessary to protectits confidentiality. A moving party who obtains access to the document orinformation may not divulge any information from the document or otherinformation except as specifically allowed by the hearing examiner or thecourt.
A. For purposes of this chapter, unless the context requires a differentmeaning:
"Environmental assessment" means a voluntary evaluation of activities orfacilities or of management systems related to such activities or facilitiesthat is designed to identify noncompliance with environmental laws andregulations, promote compliance with environmental laws and regulations, oridentify opportunities for improved efficiency or pollution prevention. Anenvironmental assessment may be conducted by the owner or operator of afacility or an independent contractor at the request of the owner or operator.
"Document" means information collected, generated or developed in thecourse of, or resulting from, an environmental assessment, including but notlimited to field notes, records of observation, findings, opinions,suggestions, conclusions, drafts, memoranda, drawings, photographs,videotape, computer-generated or electronically recorded information, maps,charts, graphs and surveys. "Document" does not mean information generatedor developed before the commencement of a voluntary environmental assessmentshowing noncompliance with environmental laws or regulations or demonstratinga clear, imminent and substantial danger to the public health or environment.
B. No person involved in the preparation of or in possession of a documentshall be compelled to disclose such document or information about itscontents, or the details of its preparation. Such a document, portion of adocument or information is not admissible without the written consent of theowner or operator in an administrative or judicial proceeding and need not beproduced as a result of an information request of the Department or otheragency of the Commonwealth or political subdivision. This privilege does notextend to a document, portion of a document or information that demonstratesa clear, imminent and substantial danger to the public health or theenvironment or to a document or a portion of a document required by law orprepared independently of the voluntary environmental assessment process.This privilege does not apply to a document or portion of a documentcollected, generated or developed in bad faith, nor does it alter, limit,waive or abrogate any other statutory or common law privilege.
C. A person or entity asserting a voluntary environmental assessmentprivilege has the burden of proving a prima facie case as to the privilege. Aparty seeking disclosure of a document, portion of a document, or informationhas the burden of proving the applicability of an exception in subsection Bto the voluntary environmental assessment privilege. Upon a showing, basedupon independent knowledge, by any party to: (i) an informal fact-findingproceeding held pursuant to § 2.2-4019 at which a hearing officer is present;(ii) a formal hearing pursuant to § 2.2-4020; or (iii) a judicial proceedingthat probable cause exists to believe that an exception listed in subsectionB to the voluntary environmental assessment privilege is applicable to all ora portion of a document or information, the hearing officer or court may haveaccess to the relevant portion of such document or information for thepurposes of an in camera review only to determine whether such exception isapplicable. The court or hearing examiner may have access to the relevantportion of a document under such conditions as may be necessary to protectits confidentiality. A moving party who obtains access to the document orinformation may not divulge any information from the document or otherinformation except as specifically allowed by the hearing examiner or thecourt.
