Title 12 — Conservation
21 chapters · 371 sections in this title.
12 V.I.C. § 201 Declaration of policy
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Whereas the pollution of the atmosphere about the United States Virgin Islands constitutes a menace to public health and welfare, creates public nuisances, and is harmful to plant and animal life and to property, it is hereby declared to be the policy of the United States Virgin …
12 V.I.C. § 202 Definitions
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(a) For the purposes of this chapter, and unless the context otherwise requires, the following words and phrases shall have the meanings ascribed to them in this section:(a) “Air contaminant or air pollutant” means any dust, fumes, gas, mist, smoke, vapor, odor, or particulate ma…
12 V.I.C. § 203 Creation and organization of Air Pollution Control Agency: Small Business Stationary Source and Technical Environmental Compliance Assistance Program
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(a) The Department of Conservation and Cultural Affairs is hereby declared the Air Pollution Control Agency of the United States Virgin Islands, and the sole state agency of this territory for the purpose of establishing and administering or supervising the administration of any …
12 V.I.C. § 204 Powers and duties
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(a) The Department shall have and may exercise the following powers and duties:(a) To exercise general supervision of the administration and enforcement of this chapter and all rules and regulations and orders promulgated thereunder, and to perform any and all acts necessary to c…
12 V.I.C. § 205 Virgin Islands Air Protection Fund
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(a) The Virgin Islands Air Protection Fund is established to be used by the Department as a revolving fund for carrying out the purposes of this chapter pertaining to the Part 70 permit program. To this fund shall be credited all permit fees, penalties and other fees and charges …
12 V.I.C. § 206 Permits
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(a) The Commissioner may, by regulation, prohibit the construction, erection, installation, alteration or use of any machine, equipment, device or other article which he finds may cause or contribute to air pollution or is intended primarily to prevent or control the emission of …
12 V.I.C. § 207 Inspections, monitoring, and entry
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(a) For the purpose (i) of developing or assisting in the development of any implementation plan or any emission standard; (ii) of determining whether any person is in violation of any such standard or any requirement of such a plan; or (iii) carrying out any provision of this ch…
12 V.I.C. § 208 Emissions prohibited
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(a) The Commissioner shall establish by regulation the limitations of the levels, concentrations, or quantities of emissions of various air contaminants from any source necessary to protect the public health. Except as otherwise provided in or pursuant to this section, such level…
12 V.I.C. § 209 Enforcement
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(a) If upon inspection or investigation, the Commissioner or his authorized representative believes that a violation of any provision of this chapter or of any rule or regulation or of any order of the Commissioner pursuant thereto, or any emission standards, emission limitations…
12 V.I.C. § 210 Emergency procedure
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(a) Any other provisions of law to the contrary not withstanding, if the Commissioner finds that a generalized condition of air pollution exists and that it creates an emergency requiring immediate action to protect human health or safety, the Commissioner, with the concurrence o…
12 V.I.C. § 211 Variance
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(a) The Commissioner may authorized a variance from otherwise applicable emission limitations, under conditions and in such manner as he considers necessary and desirable; provided, however that such variances are permitted under conditions and in a manner which is not less strin…
12 V.I.C. § 212 Hearings
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(a) No rule or regulation and no amendment or repeal thereof, or permit issuance, significant modification, reopening or renewal shall take effect without public comment and/or hearing on due notice as provided herein. (b) Nothing in this section shall be construed to require a h…
12 V.I.C. § 213 Records and reports
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(a) Every permittee shall establish and maintain such records, make such reports, and provide such information, as the Commissioner may reasonably require to enable him to determine whether such permittee has acted or is acting in compliance with this chapter and rules and regula…
12 V.I.C. § 214 Planning and zoning
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(a) The Commissioner, on request of any of the divisions of this Department or on his own initiative, shall gather and supply information concerning air pollution in the United States Virgin Islands which is relevant to planning and zoning activities affecting the United States V…
12 V.I.C. § 215 Penalties
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(a) Civil judicial penalties. The Commissioner shall, as appropriate, in the case of any person that is the owner or operator of a major emitting facility, or a major stationary source, and may, in the case of any other person, or any source of air pollution, commence a civil act…
12 V.I.C. § 216 Sampling and testing
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(a) The Commissioner is hereby authorized to conduct, or cause to be conducted, any tests of any new or existing process, fuel-burning, refuse-burning, or control equipment the operation of which he has reason to believe may result in emissions in excess of the limitations in thi…
12 V.I.C. § 217 Odor emission control
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(a) In addition to all other prohibitions contained in this chapter, it is hereby declared to be unlawful for any person, as defined in section 202 of this chapter, by himself, his agent or employee to cause, suffer or allow the emission of obnoxious, pungent, odorous or ill-smel…
12 V.I.C. § 218 Notification to EPA and neighboring states
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(a) The Department:(1) shall transmit to the U.S. Environmental Protection Agency a copy of each permit application, including any application for a permit modification or renewal, or such portion thereof, including any compliance plan, as the Administrator may require to carry o…
12 V.I.C. § 219 Existing rights and remedies
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(a) Nothing herein contained shall be construed to abridge or alter rights of action or remedies in equity or under the common law or statutory law, criminal or civil, nor shall any provision of this chapter, or any act done by virtue thereof, be construed as estopping the United…
12 V.I.C. § 220 Public notice
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The Commissioner shall promulgate rules and regulations and perform all acts as may be required under Territorial and Federal law, rules and regulations to insure adequate public notice and public participation concerning Part 70 permit applications and actions related thereto.
12 V.I.C. § 221 Registration
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Persons engaged in operations which the Commissioner finds may result in air pollution shall, if so required by regulation, register with the Department and file with the Department reports containing information as to location, size and height of pollutant outlet; rate, duration…