{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/10.1-1186.2.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/10.1-1186.2.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/10.1-1186.2.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/10.1-1186.2.html"}],"law_id":57333,"edition_id":1,"section_id":57333,"structure_id":14493,"section_number":"10.1-1186.2","catch_line":"Supplemental environmental projects","history":"1997, cc. 623, 628.","full_text":"A\n\nAs used in this section, “supplemental environmental project” means an environmentally beneficial project undertaken as partial settlement of a civil enforcement action and not otherwise required by law.B\n\nThe State Air Pollution Control Board, the State Water Control Board, the Virginia Waste Management Board, or the Director acting on behalf of one of these 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 the order, provide for such person to undertake one or more supplemental environmental projects. The project shall have a reasonable geographic nexus to the violation or, if no such project is available, shall advance at least one of the declared objectives of the environmental law or regulation that is the basis of the enforcement action. Performance of such projects shall be enforceable in the same manner as any other provision of the order.C\n\nThe following categories of projects may qualify as supplemental environmental projects, provided the project otherwise meets the requirements of this section: public health, pollution prevention, pollution reduction, environmental restoration and protection, environmental compliance promotion, and emergency planning and preparedness. In determining the appropriateness and value of a supplemental environmental project, the following factors shall be considered by the enforcement authority: net project costs, benefits to the public or the environment, innovation, impact on minority or low income populations, multimedia impact, and pollution prevention. The costs of those portions of a supplemental environmental project that are funded by state or federal low-interest loans, contracts or grants shall be deducted from the net project cost in evaluating the project. In each case in which a supplemental environmental project is included as part of a settlement, an explanation of the project with any appropriate supporting documentation shall be included as part of the case file.D\n\nNothing in this section shall require the disclosure of documents exempt from disclosure pursuant to the Virginia Freedom of Information Act (§ 2.2-3700 et seq.).E\n\nAny decision whether or not to agree to a supplemental environmental project is within the sole discretion of the applicable board, official or court and shall not be subject to appeal.F\n\nNothing in this section shall be interpreted or applied in a manner inconsistent with applicable federal law or any applicable requirement for the Commonwealth to obtain or maintain federal delegation or approval of any regulatory program.","order_by":null,"text":{"0":{"id":209999,"text":"As used in this section, “supplemental environmental project” means an environmentally beneficial project undertaken as partial settlement of a civil enforcement action and not otherwise required by law.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":210000,"text":"The State Air Pollution Control Board, the State Water Control Board, the Virginia Waste Management Board, or the Director acting on behalf of one of these 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 the order, provide for such person to undertake one or more supplemental environmental projects. The project shall have a reasonable geographic nexus to the violation or, if no such project is available, shall advance at least one of the declared objectives of the environmental law or regulation that is the basis of the enforcement action. Performance of such projects shall be enforceable in the same manner as any other provision of the order.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":210001,"text":"The following categories of projects may qualify as supplemental environmental projects, provided the project otherwise meets the requirements of this section: public health, pollution prevention, pollution reduction, environmental restoration and protection, environmental compliance promotion, and emergency planning and preparedness. In determining the appropriateness and value of a supplemental environmental project, the following factors shall be considered by the enforcement authority: net project costs, benefits to the public or the environment, innovation, impact on minority or low income populations, multimedia impact, and pollution prevention. The costs of those portions of a supplemental environmental project that are funded by state or federal low-interest loans, contracts or grants shall be deducted from the net project cost in evaluating the project. In each case in which a supplemental environmental project is included as part of a settlement, an explanation of the project with any appropriate supporting documentation shall be included as part of the case file.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":210002,"text":"Nothing in this section shall require the disclosure of documents exempt from disclosure pursuant to the Virginia Freedom of Information Act (§ 2.2-3700 et seq.).","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":210003,"text":"Any decision whether or not to agree to a supplemental environmental project is within the sole discretion of the applicable board, official or court and shall not be subject to appeal.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":210004,"text":"Nothing in this section shall be interpreted or applied in a manner inconsistent with applicable federal law or any applicable requirement for the Commonwealth to obtain or maintain federal delegation or approval of any regulatory program.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E"}},"ancestry":[{"id":14493,"edition_id":1,"name":"General Provisions","identifier":"1","label":"article","depth":4,"order_by":1,"parent_id":12742,"metadata":{},"date_created":"2026-06-26 03:48:20","date_modified":"2026-06-26 03:48:20","permalink":{"id":145335,"object_type":"structure","relational_id":14493,"identifier":"1","token":"10.1\/II\/11.1\/1","url":"\/10.1\/II\/11.1\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12742,"edition_id":1,"name":"Department of Environmental Quality","identifier":"11.1","label":"chapter","depth":3,"order_by":1,"parent_id":12741,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":145333,"object_type":"structure","relational_id":12742,"identifier":"11.1","token":"10.1\/II\/11.1","url":"\/10.1\/II\/11.1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12741,"edition_id":1,"name":"Activities Administered by Other Entities","identifier":"II","label":"subtitle","depth":2,"order_by":1,"parent_id":12740,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":144833,"object_type":"structure","relational_id":12741,"identifier":"II","token":"10.1\/II","url":"\/10.1\/II\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12740,"edition_id":1,"name":"Conservation","identifier":"10.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":143313,"object_type":"structure","relational_id":12740,"identifier":"10.1","token":"10.1","url":"\/10.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":56886,"structure_id":14493,"section_number":"10.1-1182","catch_line":"Definitions","url":"\/10.1-1182\/","token":"10.1\/II\/11.1\/1\/10.1-1182","metadata":false},{"id":87314,"structure_id":14493,"section_number":"10.1-1182.1","catch_line":"Certified mail; 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mediation; alternative dispute resolution","url":"\/10.1-1186.3\/","token":"10.1\/II\/11.1\/1\/10.1-1186.3","metadata":false},{"id":57009,"structure_id":14493,"section_number":"10.1-1186.3:1","catch_line":"Policies for consultation with federally recognized Tribal Nations in the Commonwealth","url":"\/10.1-1186.3_1\/","token":"10.1\/II\/11.1\/1\/10.1-1186.3_1","metadata":false},{"id":56492,"structure_id":14493,"section_number":"10.1-1186.4","catch_line":"Enforcement powers; federal court","url":"\/10.1-1186.4\/","token":"10.1\/II\/11.1\/1\/10.1-1186.4","metadata":false},{"id":65720,"structure_id":14493,"section_number":"10.1-1186.5","catch_line":"Expired","url":"\/10.1-1186.5\/","token":"10.1\/II\/11.1\/1\/10.1-1186.5","metadata":false},{"id":64303,"structure_id":14493,"section_number":"10.1-1186.6","catch_line":"Carbon market participation; submerged aquatic vegetation","url":"\/10.1-1186.6\/","token":"10.1\/II\/11.1\/1\/10.1-1186.6","metadata":false},{"id":59129,"structure_id":14493,"section_number":"10.1-1187","catch_line":"Provision of the Code continued","url":"\/10.1-1187\/","token":"10.1\/II\/11.1\/1\/10.1-1187","metadata":false}],"previous_section":{"id":79857,"structure_id":14493,"section_number":"10.1-1186.1:1","catch_line":"Hazardous Waste Site Inventory","url":"\/10.1-1186.1_1\/","token":"10.1\/II\/11.1\/1\/10.1-1186.1_1","metadata":false},"next_section":{"id":70152,"structure_id":14493,"section_number":"10.1-1186.2:1","catch_line":"Impact of electric generating facilities","url":"\/10.1-1186.2_1\/","token":"10.1\/II\/11.1\/1\/10.1-1186.2_1","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/10.1-1186.2\/","history_text":"

This law was first created in 1997. The record of its establishment is cataloged in chapters 623<\/a> and 628<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year.<\/p>","references":[{"id":77480,"section_number":"10.1-1197.9","catch_line":"Enforcement; civil penalties; criminal penalties; injunctive relief","order_by":null,"url":"\/10.1-1197.9\/"}],"refers_to":[{"id":55569,"section_number":"2.2-3700","catch_line":"Short title; policy","order_by":null,"url":"\/2.2-3700\/"}],"permalink":{"id":145385,"object_type":"law","relational_id":57333,"identifier":"10.1-1186.2","token":"10.1\/II\/11.1\/1\/10.1-1186.2","url":"\/10.1-1186.2\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/10.1-1186.2\/","token":"10.1\/II\/11.1\/1\/10.1-1186.2","dublin_core":{"Title":"Supplemental environmental projects","Type":"Text","Format":"text\/html","Identifier":"\u00a7 10.1-1186.2","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> As used in this section, “supplemental environmental project<\/span>” means an environmentally beneficial project undertaken as partial settlement<\/span> of a civil enforcement action and not otherwise required by law<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The State Air Pollution Control Board, the State Water Control Board, the Virginia Waste Management Board, or the Director<\/span> acting on behalf of one of these boards or under his own authority in issuing any administrative order<\/span>, or any court<\/span> of competent jurisdiction<\/span> as provided for under this Code, may, in its or his discretion and with the consent of the person subject to the order<\/span>, provide for such person to undertake one or more supplemental environmental projects<\/span>. The project shall have a reasonable geographic nexus to the violation or, if no such project is available, shall advance at least one of the declared objectives of the environmental law<\/span> or regulation that is the basis of the enforcement action. Performance of such projects shall be enforceable in the same manner as any other provision of the order<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The following categories of projects may qualify as supplemental environmental projects<\/span>, provided the project otherwise meets the requirements of this section: public health, pollution prevention, pollution reduction, environmental restoration and protection, environmental compliance promotion, and emergency planning and preparedness. In determining the appropriateness and value of a supplemental environmental project<\/span>, the following factors shall be considered by the enforcement authority: net project costs, benefits to the public or the environment<\/span>, innovation, impact on minority or low income populations, multimedia impact, and pollution prevention. The costs of those portions of a supplemental environmental project<\/span> that are funded by state or federal low-interest loans, contracts<\/span> or grants shall be deducted from the net project cost in evaluating the project. In each case in which a supplemental environmental project<\/span> is included as part of a settlement<\/span>, an explanation of the project with any appropriate supporting documentation shall be included as part of the case file<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Nothing in this section shall require the disclosure of documents exempt from disclosure pursuant to the Virginia Freedom of Information Act (§ 2.2-3700<\/a> et seq.). <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Any decision whether or not to agree to a supplemental environmental project<\/span> is within the sole discretion of the applicable board, official or court<\/span> and shall not be subject to appeal<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> Nothing in this section shall be interpreted or applied in a manner inconsistent with applicable federal law<\/span> or any applicable requirement for the Commonwealth to obtain or maintain federal delegation or approval of any regulatory program. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nSUPPLEMENTAL ENVIRONMENTAL PROJECTS (\u00a7 10.1-1186.2)\n\nA. As used in this section, “supplemental environmental project”\nmeans an environmentally beneficial project undertaken as partial settlement of\na civil enforcement action and not otherwise required by law.\n\nB. The State Air Pollution Control Board, the State Water Control Board, the\nVirginia Waste Management Board, or the Director acting on behalf of one of\nthese boards or under his own authority in issuing any administrative order, or\nany court of competent jurisdiction as provided for under this Code, may, in its\nor his discretion and with the consent of the person subject to the order,\nprovide for such person to undertake one or more supplemental environmental\nprojects. The project shall have a reasonable geographic nexus to the violation\nor, if no such project is available, shall advance at least one of the declared\nobjectives of the environmental law or regulation that is the basis of the\nenforcement action. Performance of such projects shall be enforceable in the\nsame manner as any other provision of the order.\n\nC. The following categories of projects may qualify as supplemental\nenvironmental projects, provided the project otherwise meets the requirements of\nthis section: public health, pollution prevention, pollution reduction,\nenvironmental restoration and protection, environmental compliance promotion,\nand emergency planning and preparedness. In determining the appropriateness and\nvalue of a supplemental environmental project, the following factors shall be\nconsidered by the enforcement authority: net project costs, benefits to the\npublic or the environment, innovation, impact on minority or low income\npopulations, multimedia impact, and pollution prevention. The costs of those\nportions of a supplemental environmental project that are funded by state or\nfederal low-interest loans, contracts or grants shall be deducted from the net\nproject cost in evaluating the project. In each case in which a supplemental\nenvironmental project is included as part of a settlement, an explanation of the\nproject with any appropriate supporting documentation shall be included as part\nof the case file.\n\nD. Nothing in this section shall require the disclosure of documents exempt from\ndisclosure pursuant to the Virginia Freedom of Information Act (§ 2.2-3700\net seq.).\n\nE. Any decision whether or not to agree to a supplemental environmental project\nis within the sole discretion of the applicable board, official or court and\nshall not be subject to appeal.\n\nF. Nothing in this section shall be interpreted or applied in a manner\ninconsistent with applicable federal law or any applicable requirement for the\nCommonwealth to obtain or maintain federal delegation or approval of any\nregulatory program.\n\nHISTORY: 1997, cc. 623, 628.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}