Title 12 — Conservation
21 chapters · 371 sections in this title.
12 V.I.C. § 701 Short title
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This chapter shall be known as “The Oil Spill Prevention and Pollution Control Act”.
12 V.I.C. § 702 Legislative intent
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(1) The Legislature finds and declares that the highest and best use of the waters and shorelines of this territory is as a source of public and private recreation. (2) The Legislature further finds and declares that the preservation of this use is a matter of the highest urgency…
12 V.I.C. § 703 Definitions
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(1) When used in this chapter, unless the context clearly requires otherwise:(1) “Department” means the Department of Planning and Natural Resources.(2) “Commissioner” means the Commissioner of the Department of Planning and Natural Resources.(3) “Barrel” means forty-two (42) U.S…
12 V.I.C. § 704 Pollution and corruption of waters and lands of the territory prohibited
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The discharge of oil, petroleum products or their by-products, and other pollutants into or upon any coastal waters, estuaries, tidal flats, beaches and land adjoining the seacoast of the territory are prohibited.
12 V.I.C. § 705 Powers and duties of the Department
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(1) The powers and duties conferred by this chapter shall be exercised by the Department and shall be deemed to be an essential governmental function in the exercise of the police power of the territory. The Department may call upon any other department or agency for consultative…
12 V.I.C. § 706 Operation without license prohibited
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(1) No person shall operate or cause to be operated a terminal facility as defined in section 703(9) of this chapter without a license. (2) Licenses shall be issued on an annual basis and shall expire on December 31st annually, subject to such terms and conditions as the Departme…
12 V.I.C. § 707 Regulatory powers of Department
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(1) The Department shall from time to time adopt, amend, repeal and enforce reasonable regulations insofar as they relate to oil in spills or discharges or the spills or discharges of other pollutants into the waters of this territory or onto the coasts of this territory.(1) The …
12 V.I.C. § 708 Duties of harbor master
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(1) The pilot and the master of a vessel causing a discharge shall be required immediately to report the discharge to the harbor master and to the nearest U.S. Coast Guard station. The harbor master, on being notified of a discharge, shall immediately notify the response team of …
12 V.I.C. § 709 Removal of prohibited discharges
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(1) Any person discharging pollutants as prohibited by section 704 of this chapter shall immediately undertake to remove the discharge to the Department's satisfaction. Notwithstanding the above requirement, the Department may undertake the removal of the discharge and may contra…
12 V.I.C. § 710 Personnel and equipment
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The Department shall establish and maintain at such ports within the territory and other places as it shall determine such employees and equipment, other than equipment furnished by the licensee, as in its judgment may be necessary to carry out the provisions of this chapter. The…
12 V.I.C. § 711 Virgin Islands Coastal Protection Fund
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(1) The Virgin Islands Coastal Protection Fund is established to be used by the Department as a revolving fund for carrying out the purposes of this chapter. The fund shall be limited to the sum of one million ($1,000,000) dollars. To this fund shall be credited all license fees,…
12 V.I.C. § 712 Liabilities of licensees
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Because it is the intent of this chapter to provide the means for rapid and effective cleanup and to minimize damages, any licensee and its agents or servants, including vessels destined for or leaving a licensee's terminal facility, who permits or suffers a prohibited discharge …
12 V.I.C. § 713 Emergency proclamation; Governor's powers
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(1) Whenever any disaster or catastrophe exists or appears imminent, arising from the discharge of oil, petroleum products or their by-products, or any other pollutants, the Governor shall by proclamation declare the fact and that an emergency exists in any or all sections of the…
12 V.I.C. § 714 Terminal facilities and vessels required to file bond
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(1) Each owner or operator of a terminal facility or vessel, including any barge, using any port in the United States Virgin Islands shall establish and maintain under rules and regulations prescribed by the Department evidence of financial responsibility based on the capacity of…
12 V.I.C. § 715 Derelict vessels
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(1) It is unlawful for any person, or corporation to store or leave any vessel in a wrecked, junked or substantially dismantled condition or abandoned upon any public waters or at any port in this territory without the consent of the Department of Planning and Natural Resources o…
12 V.I.C. § 716 Enforcement and pollution
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(1) It is unlawful for any person to violate any provision of this chapter or any rule, regulation or order of the Department made hereunder. Violation shall be punishable by a civil penalty of up to $50,000 to be assessed by the Department. Each day during any portion of which t…
12 V.I.C. § 717 Reports to the Legislature
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The Department shall include in its recommendations to each regular session of the Legislature specific recommendations relating to the operation of this chapter, specifically including a license fee formula to reflect individual licensee experience and a fee schedule based upon …
12 V.I.C. § 718 Budget
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The Department shall submit to each regular session of the Legislature its budget recommendations for disbursements from the fund.
12 V.I.C. § 719 Limitation on application
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Nothing in this chapter shall be deemed to apply to the storage or transportation of liquefied petroleum gas or to industrial effluents discharged into the waters or atmosphere of the territory pursuant to a permit issued by the Department.
12 V.I.C. § 720 Compliance with the Virgin Islands Coastal Zone Management Act of 1978
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Notwithstanding any provision in this chapter to the contrary, any person wishing to perform or undertake any development, as defined in Title 12, chapter 21 of this Code, shall obtain a coastal zone permit pursuant to Title 12, chapter 21 of this Code, prior to commencing or und…