10.1-1233 - Amnesty for voluntary disclosure and restoration of brownfield sites.

§ 10.1-1233. Amnesty for voluntary disclosure and restoration of brownfieldsites.

The Director may, consistent with programs developed under the federal acts,provide incentives for the voluntary disclosure of brownfield sites andrelated information regarding potential or known contamination at that site.To the extent consistent with federal law, any person making a voluntarydisclosure regarding real or potential contamination at a brownfield siteshall not be assessed an administrative or civil penalty under the VirginiaWaste Management Act (§ 10.1-1400 et seq.), the State Water Control Law (§62.1-44.2 et seq.), the State Air Pollution Control Law (§ 10.1-1300 etseq.), or any other applicable law. A disclosure is voluntary if it is nototherwise required by law, regulation, permit or administrative order and theperson making the disclosure adopts a plan to market for redevelopment orotherwise ensure the timely remediation of the site. Immunity shall not beaccorded if it is found that the person making the voluntary disclosure hasacted in bad faith.

(2002, c. 378.)