{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/10.1-1198.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/10.1-1198.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/10.1-1198.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/10.1-1198.html"}],"law_id":75687,"edition_id":1,"section_id":75687,"structure_id":15787,"section_number":"10.1-1198","catch_line":"Voluntary environmental assessment privilege","history":"1995, c. 564.","full_text":"A\n\nFor purposes of this chapter, unless the context requires a different meaning:\n\t\t\t“Environmental assessment” means a voluntary evaluation of activities or facilities or of management systems related to such activities or facilities that is designed to identify noncompliance with environmental laws and regulations, promote compliance with environmental laws and regulations, or identify opportunities for improved efficiency or pollution prevention. An environmental assessment may be conducted by the owner or operator of a facility or an independent contractor at the request of the owner or operator.\n\t\t\t“Document” means information collected, generated or developed in the course of, or resulting from, an environmental assessment, including but not limited 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 generated or developed before the commencement of a voluntary environmental assessment showing noncompliance with environmental laws or regulations or demonstrating a clear, imminent and substantial danger to the public health or environment.B\n\nNo person involved in the preparation of or in possession of a document shall be compelled to disclose such document or information about its contents, or the details of its preparation. Such a document, portion of a document or information is not admissible without the written consent of the owner or operator in an administrative or judicial proceeding and need not be produced as a result of an information request of the Department or other agency of the Commonwealth or political subdivision. This privilege does not extend to a document, portion of a document or information that demonstrates a clear, imminent and substantial danger to the public health or the environment or to a document or a portion of a document required by law or prepared independently of the voluntary environmental assessment process. This privilege does not apply to a document or portion of a document collected, generated or developed in bad faith, nor does it alter, limit, waive or abrogate any other statutory or common law privilege.C\n\nA person or entity asserting a voluntary environmental assessment privilege has the burden of proving a prima facie case as to the privilege. A party seeking disclosure of a document, portion of a document, or information has the burden of proving the applicability of an exception in subsection B to the voluntary environmental assessment privilege. Upon a showing, based upon independent knowledge, by any party to: (i) an informal fact-finding proceeding 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 proceeding that probable cause exists to believe that an exception listed in subsection B to the voluntary environmental assessment privilege is applicable to all or a portion of a document or information, the hearing officer or court may have access to the relevant portion of such document or information for the purposes of an in camera review only to determine whether such exception is applicable. The court or hearing examiner may have access to the relevant portion of a document under such conditions as may be necessary to protect its confidentiality. A moving party who obtains access to the document or information may not divulge any information from the document or other information except as specifically allowed by the hearing examiner or the court.","order_by":null,"text":{"0":{"id":271799,"text":"For purposes of this chapter, unless the context requires a different meaning:\n\t\t\t“Environmental assessment” means a voluntary evaluation of activities or facilities or of management systems related to such activities or facilities that is designed to identify noncompliance with environmental laws and regulations, promote compliance with environmental laws and regulations, or identify opportunities for improved efficiency or pollution prevention. An environmental assessment may be conducted by the owner or operator of a facility or an independent contractor at the request of the owner or operator.\n\t\t\t“Document” means information collected, generated or developed in the course of, or resulting from, an environmental assessment, including but not limited 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 generated or developed before the commencement of a voluntary environmental assessment showing noncompliance with environmental laws or regulations or demonstrating a clear, imminent and substantial danger to the public health or environment.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":271800,"text":"No person involved in the preparation of or in possession of a document shall be compelled to disclose such document or information about its contents, or the details of its preparation. Such a document, portion of a document or information is not admissible without the written consent of the owner or operator in an administrative or judicial proceeding and need not be produced as a result of an information request of the Department or other agency of the Commonwealth or political subdivision. This privilege does not extend to a document, portion of a document or information that demonstrates a clear, imminent and substantial danger to the public health or the environment or to a document or a portion of a document required by law or prepared independently of the voluntary environmental assessment process. This privilege does not apply to a document or portion of a document collected, generated or developed in bad faith, nor does it alter, limit, waive or abrogate any other statutory or common law privilege.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":271801,"text":"A person or entity asserting a voluntary environmental assessment privilege has the burden of proving a prima facie case as to the privilege. A party seeking disclosure of a document, portion of a document, or information has the burden of proving the applicability of an exception in subsection B to the voluntary environmental assessment privilege. Upon a showing, based upon independent knowledge, by any party to: (i) an informal fact-finding proceeding 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 proceeding that probable cause exists to believe that an exception listed in subsection B to the voluntary environmental assessment privilege is applicable to all or a portion of a document or information, the hearing officer or court may have access to the relevant portion of such document or information for the purposes of an in camera review only to determine whether such exception is applicable. The court or hearing examiner may have access to the relevant portion of a document under such conditions as may be necessary to protect its confidentiality. A moving party who obtains access to the document or information may not divulge any information from the document or other information except as specifically allowed by the hearing examiner or the court.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"ancestry":[{"id":15787,"edition_id":1,"name":"Voluntary Environmental Assessment","identifier":"11.2","label":"chapter","depth":3,"order_by":1,"parent_id":12741,"metadata":{},"date_created":"2026-06-26 03:59:34","date_modified":"2026-06-26 03:59:34","permalink":{"id":145543,"object_type":"structure","relational_id":15787,"identifier":"11.2","token":"10.1\/II\/11.2","url":"\/10.1\/II\/11.2\/","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":75687,"structure_id":15787,"section_number":"10.1-1198","catch_line":"Voluntary environmental assessment privilege","url":"\/10.1-1198\/","token":"10.1\/II\/11.2\/10.1-1198","metadata":false},{"id":60826,"structure_id":15787,"section_number":"10.1-1199","catch_line":"Immunity against administrative or civil penalties for voluntarily disclosed violation","url":"\/10.1-1199\/","token":"10.1\/II\/11.2\/10.1-1199","metadata":false}],"next_section":{"id":60826,"structure_id":15787,"section_number":"10.1-1199","catch_line":"Immunity against administrative or civil penalties for voluntarily disclosed violation","url":"\/10.1-1199\/","token":"10.1\/II\/11.2\/10.1-1199","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/10.1-1198\/","history_text":"

This law was first created in 1995. The record of its establishment is cataloged in chapter 564<\/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":false,"refers_to":[{"id":85983,"section_number":"2.2-4019","catch_line":"Informal fact finding proceedings","order_by":null,"url":"\/2.2-4019\/"},{"id":71957,"section_number":"2.2-4020","catch_line":"Formal hearings; litigated issues","order_by":null,"url":"\/2.2-4020\/"}],"permalink":{"id":145545,"object_type":"law","relational_id":75687,"identifier":"10.1-1198","token":"10.1\/II\/11.2\/10.1-1198","url":"\/10.1-1198\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/10.1-1198\/","token":"10.1\/II\/11.2\/10.1-1198","dublin_core":{"Title":"Voluntary environmental assessment privilege","Type":"Text","Format":"text\/html","Identifier":"\u00a7 10.1-1198","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> For purposes of this chapter, unless the context requires a different meaning:\n\t\t\t“Environmental assessment<\/span>” means a voluntary evaluation of activities or facilities or of management systems related to such activities or facilities that is designed to identify noncompliance with environmental laws<\/span> and regulations, promote compliance with environmental laws<\/span> and regulations, or identify opportunities for improved efficiency or pollution prevention. An environmental assessment<\/span> may be conducted by the owner or operator of a facility or an independent contractor at the request of the owner or operator.\n\t\t\t“Document<\/span>” means information collected, generated or developed in the course of, or resulting from, an environmental assessment<\/span>, including but not limited to field notes, records of observation, findings<\/span>, opinions<\/span>, suggestions, conclusions, drafts, memoranda, drawings, photographs, videotape, computer-generated or electronically recorded information, maps, charts, graphs and surveys. “Document<\/span>” does not mean information generated or developed before the commencement of a voluntary environmental assessment<\/span> showing noncompliance with environmental laws<\/span> or regulations or demonstrating a clear, imminent and substantial danger to the public health or environment. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> No person involved in the preparation of or in possession<\/span> of a document<\/span> shall be compelled to disclose such document<\/span> or information about its contents, or the details of its preparation. Such a document<\/span>, portion of a document<\/span> or information is not admissible<\/span> without the written consent of the owner or operator in an administrative or judicial proceeding and need not be produced as a result of an information request of the Department or other agency of the Commonwealth or political subdivision. This privilege<\/span> does not extend to a document<\/span>, portion of a document<\/span> or information that demonstrates a clear, imminent and substantial danger to the public health or the environment or to a document<\/span> or a portion of a document<\/span> required by law or prepared independently of the voluntary environmental assessment<\/span> process. This privilege<\/span> does not apply to a document<\/span> or portion of a document<\/span> collected, generated or developed in bad faith, nor does it alter, limit, waive<\/span> or abrogate any other statutory or common law<\/span> privilege<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> A person or entity asserting a voluntary environmental assessment<\/span> privilege<\/span> has the burden of proving a prima facie case as to the privilege<\/span>. A party<\/span> seeking disclosure of a document<\/span>, portion of a document<\/span>, or information has the burden of proving the applicability of an exception in subsection B to the voluntary environmental assessment<\/span> privilege<\/span>. Upon a showing, based upon independent knowledge, by any party<\/span> to: (i) an informal fact<\/span>-finding<\/span> proceeding held pursuant to § 2.2-4019<\/a> at which a hearing<\/span> officer is present; (ii) a formal hearing<\/span> pursuant to § 2.2-4020<\/a>; or (iii) a judicial proceeding that probable cause<\/span> exists to believe that an exception listed in subsection B to the voluntary environmental assessment<\/span> privilege<\/span> is applicable to all or a portion of a document<\/span> or information, the hearing<\/span> officer or court<\/span> may have access to the relevant portion of such document<\/span> or information for the purposes of an in camera<\/span> review only to determine whether such exception is applicable. The court<\/span> or hearing<\/span> examiner may have access to the relevant portion of a document<\/span> under such conditions as may be necessary to protect its confidentiality. A moving party<\/span> who obtains access to the document<\/span> or information may not divulge any information from the document<\/span> or other information except as specifically allowed by the hearing<\/span> examiner or the court<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nVOLUNTARY ENVIRONMENTAL ASSESSMENT PRIVILEGE (\u00a7 10.1-1198)\n\nA. For purposes of this chapter, unless the context requires a different\nmeaning:\n\t\t\t“Environmental assessment” means a voluntary evaluation of\nactivities or facilities or of management systems related to such activities or\nfacilities that is designed to identify noncompliance with environmental laws\nand regulations, promote compliance with environmental laws and regulations, or\nidentify opportunities for improved efficiency or pollution prevention. An\nenvironmental assessment may be conducted by the owner or operator of a facility\nor an independent contractor at the request of the owner or operator.\n\t\t\t“Document” means information collected, generated or developed in\nthe course of, or resulting from, an environmental assessment, including but not\nlimited to field notes, records of observation, findings, opinions, suggestions,\nconclusions, drafts, memoranda, drawings, photographs, videotape,\ncomputer-generated or electronically recorded information, maps, charts, graphs\nand surveys. “Document” does not mean information generated or\ndeveloped before the commencement of a voluntary environmental assessment\nshowing noncompliance with environmental laws or regulations or demonstrating a\nclear, imminent and substantial danger to the public health or environment.\n\nB. No person involved in the preparation of or in possession of a document shall\nbe compelled to disclose such document or information about its contents, or the\ndetails of its preparation. Such a document, portion of a document or\ninformation is not admissible without the written consent of the owner or\noperator in an administrative or judicial proceeding and need not be produced as\na result of an information request of the Department or other agency of the\nCommonwealth or political subdivision. This privilege does not extend to a\ndocument, portion of a document or information that demonstrates a clear,\nimminent and substantial danger to the public health or the environment or to a\ndocument or a portion of a document required by law or prepared independently of\nthe voluntary environmental assessment process. This privilege does not apply to\na document or portion of a document collected, generated or developed in bad\nfaith, nor does it alter, limit, waive or abrogate any other statutory or common\nlaw privilege.\n\nC. A person or entity asserting a voluntary environmental assessment privilege\nhas the burden of proving a prima facie case as to the privilege. A party\nseeking disclosure of a document, portion of a document, or information has the\nburden of proving the applicability of an exception in subsection B to the\nvoluntary environmental assessment privilege. Upon a showing, based upon\nindependent knowledge, by any party to: (i) an informal fact-finding proceeding\nheld pursuant to § 2.2-4019 at which a hearing officer is present; (ii) a\nformal hearing pursuant to § 2.2-4020; or (iii) a judicial proceeding that\nprobable cause exists to believe that an exception listed in subsection B to the\nvoluntary environmental assessment privilege is applicable to all or a portion\nof a document or information, the hearing officer or court may have access to\nthe relevant portion of such document or information for the purposes of an in\ncamera review only to determine whether such exception is applicable. The court\nor hearing examiner may have access to the relevant portion of a document under\nsuch conditions as may be necessary to protect its confidentiality. A moving\nparty who obtains access to the document or information may not divulge any\ninformation from the document or other information except as specifically\nallowed by the hearing examiner or the court.\n\nHISTORY: 1995, c. 564.","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}}