                                 CODE OF VIRGINIA

INFORMATION TO BE FURNISHED (§ 62.1-44.15:40)

The Board, the Department, or a locality serving as a VESMP authority may
require every owner, including every applicant for a permit or land-disturbance
approval, to furnish when requested such application materials, plans,
specifications, and other pertinent information as may be necessary to determine
the effect of his discharge on the quality of state waters, or such other
information as may be necessary to accomplish the purposes of this article. The
Board or Department also may require any locality that is a VESMP authority to
furnish when requested any information as may be required to accomplish the
purposes of this article. Any personal information shall not be disclosed except
to an appropriate official of the Board, Department, U.S. Environmental
Protection Agency, or VESMP authority or as may be authorized pursuant to the
Virginia Freedom of Information Act (§ 2.2-3700 et seq.). However, disclosure
of records of the Department, the Board, or the VESMP authority relating to (i)
active federal environmental enforcement actions that are considered
confidential under federal law, (ii) enforcement strategies, including proposed
sanctions for enforcement actions, and (iii) any secret formulae, secret
processes, or secret methods other than effluent data used by any owner or under
that owner&#8217;s direction is prohibited. Upon request, such enforcement
records shall be disclosed after a proposed sanction resulting from the
investigation has been determined by the Board or the locality serving as a
VESMP authority. This section shall not be construed to prohibit the disclosure
of records related to inspection reports, notices of violation, and documents
detailing the nature of any land-disturbing activity that may have occurred, or
similar documents.

HISTORY: 2004, c. 372, § 10.1-603.12:2; 2005, c. 102; 2012, cc. 785, 819; 2013,
cc. 756, 793; 2016, cc. 68, 758.