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Virgin Islands Statutes, Title 12

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Virgin Islands/Statutes

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Title 12, Conservation

21 chapters · 363 sections in this title.

All chapters in Title 12363 Ch 19, Pesticide Control48 Ch 1, Wildlife47 Ch 23, Renewable and Alternative Energy36 Ch 16, Underground Storage Tanks34 Ch 9A, Commercial Fishing28 Ch 9, Air Pollution Control21 Ch 17, Oil Spill Prevention and Pollution C…20 Ch 7, Water Pollution Control17 Ch 16A, Underground Facility Damage Preventi…17 Ch 3A, Community and Heritage Tree Law15 Ch 5, Water Resources Conservation15 Ch 21, Virgin Islands Coastal Zone Management14 Ch 13, Environmental Protection9 Ch 2, Protection of Indigenous, Endangered…7

363 sections·Filtered byTitle 12✕

12 V.I.C. § 661 Operating requirements for all UST systems
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(a) All owners and operators of UST systems for the protection of human health and the environment shall comply with all regulations promulgated by this Department which are no less stringent than the corresponding federal requirements to ensure that:(a) releases due to spilling …
12 V.I.C. § 662 Non-operational underground storage tanks; tank closure
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(a) When an UST system is temporarily closed, owners and operators shall continue operation and maintenance of corrosion protection and release detection in accordance with rules and regulations no less stringent than the corresponding federal requirements. Release detection is n…
12 V.I.C. § 663 Certification; renewal; re-certification; reciprocity; fees
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(a) It is unlawful for any individual to design, install, retrofit, repair, maintain, conduct any type of tank testing or analysis, decommission, or temporarily or permanently close a UST system without first complying with the certification requirements established by the Depart…
12 V.I.C. § 664 Certificate classification; denial, suspension, or revocation of certification; proof of financial responsibility
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(a) The Commissioner may classify certificates issued pursuant to this chapter. (b) The Commissioner may deny, suspend, or revoke the certification of any person who violates any provision of this chapter, or rule or regulation promulgated thereunder. (c) The Commissioner may req…

12 V.I.C. § 665 Recording of UST in land records

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(a) For the purpose of placing future purchasers on notice, the owner of the property on which an underground storage tank is located shall record the existence and location of underground storage tank in the office of the Recorder of Deeds in the district where the UST is locate…

12 V.I.C. § 666 Tank integrity tests

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(a) The Commissioner may order the owner or operator of an UST system to perform a tank integrity test if:(a) there is reason to suspect that there is or has been a release of a regulated substance into the environment;(b) the age, operation, maintenance records, location or circ…

12 V.I.C. § 667 Release detection

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The Department shall require owners and operators of UST systems to provide an acceptable method, or a combination of methods of release detection for tanks and connected piping in a manner consistent with the protection of human health and the environment, but in no event shall …

12 V.I.C. § 668 Reporting, investigation and assessing releases, spill and overfills

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(a) The owner or operator of an UST systems shall report any release, suspected release, spill or overfill of any regulated substance to the Department within 24 hours of discovery thereof, or within a period specified by the Department or by regulation. Such reporting shall be p…

12 V.I.C. § 669 Financial responsibility

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(a) All owners and operators of UST systems, within 180 days of the effective date of this chapter, shall establish and maintain evidence of financial responsibility, as provided for in this section, for taking corrective action and for compensating third parties for bodily injur…

12 V.I.C. § 670 Corrective action

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(a) Whenever the Commissioner has reason to believe that there is or has been a release or a threat of a release into the environment from a UST system, the Commissioner shall order corrective action for the release from any owner or operator, or from any past owner or operator w…

12 V.I.C. § 671 Cost recovery by the government

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In the event of any discharge or threatened discharge of a regulated substance, the government of the Virgin Islands or any of its agencies or instrumentalities, may recover in a civil action from any owner, operator, or other responsible person all costs incurred in the preventi…

12 V.I.C. § 672 Environmental Assurance Fee

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(a) An Environmental Assurance Fee shall be established in such an amount, as may be determined by the Commissioner as sufficient to assure the funding of emergency, preventive, or corrective action necessary when human health or the environment is, or potentially may be, threate…

12 V.I.C. § 673 Record-keeping; furnishing information

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All owners and operators of UST systems shall maintain records and information relating to tanks, their associated equipment, their contents, repairs, tank system testing, monitoring, analysis, and release detection, including inventory controls, for the operating life of the UST…

12 V.I.C. § 674 Inspection; right of entry

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(a) The Commissioner, an authorized employee of the Department, or an authorized contractor or agent of the Department, upon presentation of his credentials, shall have the right to enter upon or through premises of persons subject to this chapter, under the following circumstanc…

12 V.I.C. § 675 Prohibited acts

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(a) It is unlawful for any person to engage in the storage of regulated substances in underground tanks except in such a manner so as to conform to and comply with any provisions of this chapter, or any of the rules, regulations, and orders promulgated or established pursuant the…

12 V.I.C. § 676 Emergency orders

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Upon receiving information that the operation, maintenance, or condition of an underground storage tank or the surrounding area may present a threat or a hazard to the health of persons or to the environment, or may present an actual or threatened violation of any provision of th…

12 V.I.C. § 677 Administrative proceedings

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(a) Whenever the Commissioner has reason to believe that a violation of any provision of this chapter, or of any rule or regulation promulgated thereunder, or of any order issued pursuant to the provisions of this chapter has occurred, the Commissioner may cause written notice to…

12 V.I.C. § 678 Review

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Any person aggrieved by any action, decision, or order of the Commissioner may obtain a review thereof by filing a written petition in the appropriate division of the Superior Court within 30 days after the date of the action, decision or order, and the petition shall include suc…

12 V.I.C. § 679 Enforcement

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(1) In addition to any other any other provisions or procedures set forth in this chapter, if the Commissioner finds that a person is in violation of this chapter, or has failed to comply with any provisions of any order, standard, rule or regulation promulgated or issued in acco…

12 V.I.C. § 680 Penalties

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(a) Civil Penalties (1) Any person who violates any provision of this chapter, or of any rule, regulation, standard promulgated or order issued or under this chapter, shall be subject to a civil penalty not to exceed $25,000 for each day of violation for each UST system in violat…

12 V.I.C. § 681 Public participation

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(a) Upon timely application any person whose interests may be adversely affected by a release or threatened from a UST system shall be allowed to intervene as of right in any civil action when the applicant claims an interest relating to the property or transaction which is the s…

12 V.I.C. § 682 Confidentiality

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(a) Any records, reports, or information obtained from any persons shall be available to the public, except that upon a showing satisfactory to the Commissioner by any person that records, reports, or information, or a particular part thereof, to which the Commissioner or any off…

12 V.I.C. § 683 Field citation authorization

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The Commissioner, by regulation, may establish a field citation program for the issuance of citations by any authorized employee of the Department to any owner or operator of an UST system who violates any provisions of this Chapter, or any rules or regulations promulgated thereu…

12 V.I.C. § 684 Virgin Islands Underground Storage Tank Revolving Trust Impress Account

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(a) There is established the Virgin Islands Underground Storage Tank Revolving Impress Account (hereinafter the “Account”). The Commissioner shall be the responsible for the account. (b) The account shall consist of all underground storage tank registration fees collected pursuan…

12 V.I.C. § 691 Short title

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This chapter may be cited as “The Underground Facility Damage Prevention and Safety Act.”

12 V.I.C. § 691a Legislative intent

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The Legislature declares it to be the policy of the Government of the Virgin Islands and the purpose of this chapter to aid the public by preventing injury to persons and property and preventing the interruption of services resulting from damage to an Underground Facility caused …

12 V.I.C. § 691b Definitions

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(a) As used in this chapter, unless the context clearly indicates otherwise:(a) “Tolerance Zone” means a strip of land not less than 18 inches on either side measured on a horizontal plane and from the outer edge of the exterior surface of the underground facility.(b) “Business D…

12 V.I.C. § 692 Notification Center Structure

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(a) There is established within the Department of Public Works a single, comprehensive territorial one-call Notification Center to provide notice of all excavations or demolitions near Underground Facilities. (b) All Operators, as defined in this chapter, shall participate in and…

12 V.I.C. § 693 Elements of the Notification

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(1) The Notification Center shall:(1) Operate in all areas of the territory containing underground facilities:(2) Receive and distribute advance notifications of excavations or demolitions to all member Underground Facility Operators for the purpose of marking underground facilit…

12 V.I.C. § 694 Planned excavation; inquiry; time; marking area; identification number; notification of a member with underground facilities; records

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(a) Except in an emergency, every person planning to conduct any excavation or demolition operation shall inform the Notification Center of the intended excavation at least 2 business days, but not more than 14 calendar days prior to commencing that excavation. (b) In addition to…

12 V.I.C. § 695 Marking Underground Facilities; noncompliance with requirement; records

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(a) Any Operator of a Underground Facility who receives timely notification of any Proposed Excavation Work in accordance with section 694 of this chapter shall, within 2 business days after that notification, or before the indicated start of the excavation work, whichever is lat…

12 V.I.C. § 696 Excavating near underground facilities

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(1) When excavating within the Tolerance Zone, the excavator shall do all of the following:(1) Plan the excavation to avoid damage to. or minimize interference with the underground facilities in and near the construction area;(2) Determine the exact location of any marked Undergr…

12 V.I.C. § 697 Project engineer’s responsibility; design requests

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(a) Any person may submit a Design Locate Request to the Notification Center. The Design Locate Request must:(1) Describe the tract or parcel of land for which the Design Locale Request has been submitted, with sufficient particularity, as defined by policies developed and promul…

12 V.I.C. § 698 Permit validity contingent on compliance

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Before commencing any excavation activity, an Inquiry Identification Number issued by the Notification Center must be provided to the Department of Planning and Natural Resources. No permit to excavate issued by a government agency is valid unless the excavator has also provided …

12 V.I.C. § 698a Government agencies

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(a) The requirements of this chapter apply to government agencies that own or operate underground facilities or that perform excavation or demolition, with the exception of underground emergency repair to traffic control devices used on any street or highway under the agency’s ju…

12 V.I.C. § 699 Violations; penalties; other remedies; government immunity; actions

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(a) Any person who violates the requirements of this chapter:(1) On the first offense, receives a written warning notification or complete a damage prevention education program provided by the Notification Center.(2) On the second offense within a 12-month period, is subject to a…

12 V.I.C. § 699b Liability; damages

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(a) Whenever a person has violated, intends to violate, or will violate any provision of this chapter, the Attorney General or any person may institute a civil court action for injunctive relief. (b) If any Underground Facility is damaged as a proximate result of a excavator’s fa…

12 V.I.C. § 699c Negligence per se

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Violation of this chapter by an excavator or Operator constitutes negligence per se.

12 V.I.C. § 699d Alternative dispute resolution

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The Notification Center shall establish a voluntary alternative dispute resolution program in consultation with its members and all affected parties. The alternative dispute resolution program must be available to all Operators, excavators, and other interested parties regarding …

12 V.I.C. § 699e Exemption and exceptions

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This chapter does not apply to any individual, private owner of real properly who excavates on the property, not requiring a permit issued by a government agency, and not bordering on public rights-of-way. This exemption does not apply to a contractor or any other professional hi…

12 V.I.C. § 699f Non-delegable duty

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An Operator or excavator subject to performance of duties imposed by this chapter may not delegate his responsibilities to any other person or related entity for those duties imposed by this chapter.

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…