                                 CODE OF VIRGINIA

SUPPLEMENTAL ENVIRONMENTAL PROJECTS (§ 10.1-1186.2)

A. As used in this section, &#8220;supplemental environmental project&#8221;
means an environmentally beneficial project undertaken as partial settlement of
a civil enforcement action and not otherwise required by law.

B. 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.

C. 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.

D. Nothing in this section shall require the disclosure of documents exempt from
disclosure pursuant to the Virginia Freedom of Information Act (&#xA7; 2.2-3700
et seq.).

E. 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.

F. 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.

HISTORY: 1997, cc. 623, 628.