8.01-631.1 - Environmental injunction; financial capacity. - Virginia Statutes

§ 8.01-631.1. Environmental injunction; financial capacity.

A court awarding a temporary or permanent injunction to the Commonwealth, orany of its officers or agencies, requiring any party to (i) abate, control,prevent, remove, or contain any substantial or imminent threat to publichealth or the environment, or (ii) develop a closure plan to address anysubstantial or imminent threat to public health or the environment that mayresult when a business ceases operation, shall require the defendant todemonstrate its financial capability to comply with the injunction. Financialcapability may be demonstrated, at the court's discretion, by theestablishment of an escrow account, the creation of a trust fund, thesubmission of a bond, or such other instruments as the court may deemappropriate.

For the purposes of this section "ceases operation" means to ceaseconducting the normal operation of a business in the Commonwealth where itwould be reasonable to expect that such operation will not be resumed by theowner. The term shall not include the ordinary sale or transfer of abusiness.

(1991, c. 236.)