10.1-1199 - Immunity against administrative or civil penalties for voluntarily disclosed violation. - Virginia Statutes

§ 10.1-1199. Immunity against administrative or civil penalties forvoluntarily disclosed violation.

To the extent consistent with requirements imposed by federal law, any personmaking a voluntary disclosure of information to a state or local regulatoryagency regarding a violation of an environmental statute, regulation, permitor administrative order shall be accorded immunity from administrative orcivil penalty under such statute, regulation, permit or administrative order.A disclosure is voluntary if (i) it is not otherwise required by law,regulation, permit or administrative order, (ii) it is made promptly afterknowledge of the violation is obtained through a voluntary environmentalassessment, and (iii) the person making the disclosure corrects the violationin a diligent manner in accordance with a compliance schedule submitted tothe appropriate state or local regulatory agencies demonstrating suchdiligence. Immunity shall not be accorded if it is found that the personmaking the voluntary disclosure has acted in bad faith. This section does notbar the institution of a civil action claiming compensation for injury toperson or property against an owner or operator.

(1995, c. 564.)