                                 CODE OF VIRGINIA

PROCEDURES FOR PARTICIPATION (§ 10.1-1187.4)

A. The Director shall develop guidelines and procedures for implementation of
the program, including procedures for submitting applications, guidelines for
annual reports from participating persons or facilities, and procedures for
reviewing program implementation.

B. Upon review of an application, the Director may approve or deny the
person&#8217;s or facility&#8217;s participation in the appropriate category
within the Virginia Environmental Excellence Program. The denial of a
person&#8217;s or facility&#8217;s participation in the Virginia Environmental
Excellence Program shall not be with prejudice or otherwise prevent
reapplication by the person or facility. If a participant fails to maintain a
record of sustained compliance, fails to resolve an alleged environmental
violation within 180 days, or fails to meet the requirements or criteria for
participation in the Virginia Environmental Excellence Program or any category
within the program, the Director may revoke or suspend their participation in
the program or revoke participation in a higher level and approve its
participation in a lower level of the program. The Director shall provide
reasonable notice of the reasons for the suspension or revocation and allow the
participant to respond prior to making such a decision.

C. The Director&#8217;s decision to approve, deny, revoke, or suspend a
person&#8217;s or facility&#8217;s participation in any category of the Virginia
Environmental Excellence Program is discretionary, shall not be a case decision
as defined in &#xA7; 2.2-4001, and shall be exempt from judicial review.

HISTORY: 2005, c. 705.