10.1-1187.4 - Procedures for participation. - Virginia Statutes

§ 10.1-1187.4. Procedures for participation.

A. The Director shall develop guidelines and procedures for implementation ofthe program, including procedures for submitting applications, guidelines forannual reports from participating persons or facilities, and procedures forreviewing program implementation.

B. Upon review of an application, the Director may approve or deny theperson's or facility's participation in the appropriate category within theVirginia Environmental Excellence Program. The denial of a person's orfacility's participation in the Virginia Environmental Excellence Programshall not be with prejudice or otherwise prevent reapplication by the personor facility. If a participant fails to maintain a record of sustainedcompliance, fails to resolve an alleged environmental violation within 180days, or fails to meet the requirements or criteria for participation in theVirginia Environmental Excellence Program or any category within the program,the Director may revoke or suspend their participation in the program orrevoke participation in a higher level and approve its participation in alower level of the program. The Director shall provide reasonable notice ofthe reasons for the suspension or revocation and allow the participant torespond prior to making such a decision.

C. The Director's decision to approve, deny, revoke, or suspend a person's orfacility's participation in any category of the Virginia EnvironmentalExcellence Program is discretionary, shall not be a case decision as definedin § 2.2-4001, and shall be exempt from judicial review.

(2005, c. 705.)