Governing Law and Regulations
Audit privilege: Virginia Code Annotated (VCA) 10.1-1198
Environmental assessment: VCA 10.1-1198(A)
Audit privilege: VCA 10.1-1198(B) and VCA 10.1-1198(C)
Immunity from penalties: VCA 10.1-1199
Virginia Environmental Excellence Program (VEEP): VCA 10.1-1187
Virginia Department of Environmental Quality (DEQ)
See ADDRESSES & CONTACTS for addresses and telephone numbers.
See national section for basic information and federal regulations.
Comparison: State vs. Federal
• Rules. Effective March 24, 1995, Virginia enacted a law that provides for a voluntary environmental assessment privilege, including immunity against administrative and civil penalties.
• Administration and enforcement. DEQ is responsible for the administration and enforcement of the audit privilege laws in Virginia.
"Environmental assessment" is defined by state law as 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 facility's owner or operator or an independent contractor at the request of the owner or operator.
VCA 10.1-1198(B) and VCA 10.1-1198(C)
No person involved in the preparation of or in possession of a document resulting from an environmental assessment is required to disclose such a document, information about its contents, or the details of its preparation. The ...