Consideration for the Governor's Environmental Excellence Awards includes “sustained compliance,” which means a facility:

(i) has no judgment or conviction entered against it or against any key personnel of the facility or any person with an ownership interest in the facility for a criminal violation of environmental protection laws of the United States, the Commonwealth, or any other state in the previous five years;

(ii) has been neither the cause of, nor liable for, more than two significant environmental violations in the previous three years;

(iii) has no unresolved notices of violation or potential violations of environmental requirements of the Department or one of the Boards;

(iv) is in compliance with the terms of any order or decree, executive compliance agreement, or related enforcement measure issued by the Department, one of the Boards, or the U.S. Environmental Protection Agency; and,

(v) has not demonstrated in any other way an unwillingness or inability to comply with environmental protection requirements. (Section 10.1-1187.1 Code of Virginia).