10.1-1187.1 - Definitions.

§ 10.1-1187.1. Definitions.

"Board or Boards" means the State Air Pollution Control Board, the StateWater Control Board, and the Virginia Waste Management Board.

"Department" means the Department of Environmental Quality.

"Director" means the Director of the Department of Environmental Quality.

"Environmental Management System" means a comprehensive, cohesive set ofdocumented policies and procedures adopted by a facility or person and usedto establish environmental goals, to meet and maintain those goals, toevaluate environmental performance and to achieve measurable or noticeableimprovements in environmental performance, through planning, documentedmanagement and operational practices, operational changes, self assessments,and management review. The term shall include, but not be limited to, anysuch system developed in accordance with the International Standards ofOperation 14001 standards.

"E2" means an environmental enterprise.

"E3" means an exemplary environmental enterprise.

"E4" means an extraordinary environmental enterprise.

"Facility" means a manufacturing, business, agricultural, or governmentalsite or installation involving one or more contiguous buildings or structuresunder common ownership or management.

"Record of sustained compliance" means that the person or facility (i) hasno judgment or conviction entered against it, or against any key personnel ofthe person or facility or any person with an ownership interest in thefacility for a criminal violation of environmental protection laws of theUnited States, the Commonwealth, or any other state in the previous fiveyears; (ii) has been neither the cause of, nor liable for, more than twosignificant environmental violations in the previous three years; (iii) hasno unresolved notices of violations or potential violations of environmentalrequirements with the Department or one of the Boards; (iv) is in compliancewith the terms of any order or decree, executive compliance agreement, orrelated enforcement measure issued by the Department, one of the Boards, orthe U.S. Environmental Protection Agency; and (v) has not demonstrated in anyother way an unwillingness or inability to comply with environmentalprotection requirements.

(2005, c. 705.)