{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/8.01-631.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/8.01-631.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/8.01-631.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/8.01-631.1.html"}],"law_id":71716,"edition_id":1,"section_id":71716,"structure_id":14937,"section_number":"8.01-631.1","catch_line":"Environmental injunction; financial capacity","history":"1991, c. 236.","full_text":"A court awarding a temporary or permanent injunction to the Commonwealth, or any of its officers or agencies, requiring any party to (i) abate, control, prevent, remove, or contain any substantial or imminent threat to public health or the environment, or (ii) develop a closure plan to address any substantial or imminent threat to public health or the environment that may result when a business ceases operation, shall require the defendant to demonstrate its financial capability to comply with the injunction. Financial capability may be demonstrated, at the court’s discretion, by the establishment of an escrow account, the creation of a trust fund, the submission of a bond, or such other instruments as the court may deem appropriate.\n\t\tFor the purposes of this section “ceases operation” means to cease conducting the normal operation of a business in the Commonwealth where it would be reasonable to expect that such operation will not be resumed by the owner. The term shall not include the ordinary sale or transfer of a business.","order_by":null,"text":{"0":{"id":258391,"text":"A court awarding a temporary or permanent injunction to the Commonwealth, or any of its officers or agencies, requiring any party to (i) abate, control, prevent, remove, or contain any substantial or imminent threat to public health or the environment, or (ii) develop a closure plan to address any substantial or imminent threat to public health or the environment that may result when a business ceases operation, shall require the defendant to demonstrate its financial capability to comply with the injunction. Financial capability may be demonstrated, at the court’s discretion, by the establishment of an escrow account, the creation of a trust fund, the submission of a bond, or such other instruments as the court may deem appropriate.\n\t\tFor the purposes of this section “ceases operation” means to cease conducting the normal operation of a business in the Commonwealth where it would be reasonable to expect that such operation will not be resumed by the owner. The term shall not include the ordinary sale or transfer of a business.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":14937,"edition_id":1,"name":"Injunctions","identifier":"24","label":"chapter","depth":2,"order_by":1,"parent_id":12747,"metadata":{},"date_created":"2026-06-26 03:50:54","date_modified":"2026-06-26 03:50:54","permalink":{"id":279229,"object_type":"structure","relational_id":14937,"identifier":"24","token":"8.01\/24","url":"\/8.01\/24\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12747,"edition_id":1,"name":"Civil Remedies and Procedure","identifier":"8.01","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":277029,"object_type":"structure","relational_id":12747,"identifier":"8.01","token":"8.01","url":"\/8.01\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":69313,"structure_id":14937,"section_number":"8.01-620","catch_line":"General jurisdiction of circuit court to award injunctions","url":"\/8.01-620\/","token":"8.01\/24\/8.01-620","metadata":false},{"id":63364,"structure_id":14937,"section_number":"8.01-621","catch_line":"Repealed","url":"\/8.01-621\/","token":"8.01\/24\/8.01-621","metadata":false},{"id":80622,"structure_id":14937,"section_number":"8.01-622","catch_line":"Injunction to protect plaintiff in suit for specific property","url":"\/8.01-622\/","token":"8.01\/24\/8.01-622","metadata":false},{"id":73897,"structure_id":14937,"section_number":"8.01-622.1","catch_line":"Injunction against assisted suicide; damages; professional sanctions","url":"\/8.01-622.1\/","token":"8.01\/24\/8.01-622.1","metadata":false},{"id":75968,"structure_id":14937,"section_number":"8.01-622.2","catch_line":"Injunction against disclosure of criminal investigative file materials under the Virginia Freedom of Information Act","url":"\/8.01-622.2\/","token":"8.01\/24\/8.01-622.2","metadata":false},{"id":60042,"structure_id":14937,"section_number":"8.01-623","catch_line":"Injunction against decree subject to bill of review; limitations to bill of review","url":"\/8.01-623\/","token":"8.01\/24\/8.01-623","metadata":false},{"id":81519,"structure_id":14937,"section_number":"8.01-624","catch_line":"Duration of temporary injunctions to be fixed therein","url":"\/8.01-624\/","token":"8.01\/24\/8.01-624","metadata":false},{"id":67443,"structure_id":14937,"section_number":"8.01-625","catch_line":"Dissolution of injunctions","url":"\/8.01-625\/","token":"8.01\/24\/8.01-625","metadata":false},{"id":65243,"structure_id":14937,"section_number":"8.01-626","catch_line":"Review of injunction; petitions for review","url":"\/8.01-626\/","token":"8.01\/24\/8.01-626","metadata":false},{"id":59676,"structure_id":14937,"section_number":"8.01-627","catch_line":"To what clerk order for injunction directed","url":"\/8.01-627\/","token":"8.01\/24\/8.01-627","metadata":false},{"id":72595,"structure_id":14937,"section_number":"8.01-628","catch_line":"Equity of prayer for temporary injunction to be shown by affidavit or otherwise","url":"\/8.01-628\/","token":"8.01\/24\/8.01-628","metadata":false},{"id":76915,"structure_id":14937,"section_number":"8.01-629","catch_line":"Notice required","url":"\/8.01-629\/","token":"8.01\/24\/8.01-629","metadata":false},{"id":63522,"structure_id":14937,"section_number":"8.01-630","catch_line":"Forthcoming bond in connection with injunction against removal of property","url":"\/8.01-630\/","token":"8.01\/24\/8.01-630","metadata":false},{"id":63953,"structure_id":14937,"section_number":"8.01-631","catch_line":"Injunction bond","url":"\/8.01-631\/","token":"8.01\/24\/8.01-631","metadata":false},{"id":71716,"structure_id":14937,"section_number":"8.01-631.1","catch_line":"Environmental injunction; financial capacity","url":"\/8.01-631.1\/","token":"8.01\/24\/8.01-631.1","metadata":false},{"id":57000,"structure_id":14937,"section_number":"8.01-632","catch_line":"How surety in forthcoming bond may obtain additional security","url":"\/8.01-632\/","token":"8.01\/24\/8.01-632","metadata":false},{"id":82810,"structure_id":14937,"section_number":"8.01-633","catch_line":"Damages on dissolution","url":"\/8.01-633\/","token":"8.01\/24\/8.01-633","metadata":false},{"id":57700,"structure_id":14937,"section_number":"8.01-634","catch_line":"Dismissal of injunction bill","url":"\/8.01-634\/","token":"8.01\/24\/8.01-634","metadata":false}],"previous_section":{"id":63953,"structure_id":14937,"section_number":"8.01-631","catch_line":"Injunction bond","url":"\/8.01-631\/","token":"8.01\/24\/8.01-631","metadata":false},"next_section":{"id":57000,"structure_id":14937,"section_number":"8.01-632","catch_line":"How surety in forthcoming bond may obtain additional security","url":"\/8.01-632\/","token":"8.01\/24\/8.01-632","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/8.01-631.1\/","history_text":"

This law was first created in 1991. The record of its establishment is cataloged in chapter 236 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. Unfortunately, the 1991 \u201cActs\u201d aren\u2019t available online.<\/p>","references":false,"refers_to":false,"permalink":{"id":279287,"object_type":"law","relational_id":71716,"identifier":"8.01-631.1","token":"8.01\/24\/8.01-631.1","url":"\/8.01-631.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/8.01-631.1\/","token":"8.01\/24\/8.01-631.1","dublin_core":{"Title":"Environmental injunction; financial capacity","Type":"Text","Format":"text\/html","Identifier":"\u00a7 8.01-631.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A court<\/span> awarding a temporary or permanent injunction<\/span> to the Commonwealth, or any of its officers or agencies, requiring any party<\/span> to (i) abate, control, prevent, remove, or contain any substantial or imminent threat to public health or the environment, or (ii) develop a closure plan to address any substantial or imminent threat to public health or the environment that may result when a business ceases operation<\/span>, shall require the defendant<\/span> to demonstrate its financial capability to comply with the injunction<\/span>. Financial capability may be demonstrated, at the court<\/span>’s discretion, by the establishment of an escrow account, the creation of a trust fund, the submission of a bond<\/span>, or such other instruments as the court<\/span> may deem appropriate.\n\t\tFor the purposes of this section “ceases operation<\/span>” means to cease conducting the normal operation of a business in the Commonwealth where it would be reasonable to expect that such operation will not be resumed by the owner. The term shall not include the ordinary sale or transfer of a business.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nENVIRONMENTAL INJUNCTION; FINANCIAL CAPACITY (\u00a7 8.01-631.1)\n\nA court awarding a temporary or permanent injunction to the Commonwealth, or any\nof its officers or agencies, requiring any party to (i) abate, control, prevent,\nremove, or contain any substantial or imminent threat to public health or the\nenvironment, or (ii) develop a closure plan to address any substantial or\nimminent threat to public health or the environment that may result when a\nbusiness ceases operation, shall require the defendant to demonstrate its\nfinancial capability to comply with the injunction. Financial capability may be\ndemonstrated, at the court’s discretion, by the establishment of an escrow\naccount, the creation of a trust fund, the submission of a bond, or such other\ninstruments as the court may deem appropriate.\n\t\tFor the purposes of this section “ceases operation” means to cease\nconducting the normal operation of a business in the Commonwealth where it would\nbe reasonable to expect that such operation will not be resumed by the owner.\nThe term shall not include the ordinary sale or transfer of a business.\n\nHISTORY: 1991, c. 236.","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}}