Title 12 — Conservation
21 chapters · 371 sections in this title.
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…
12 V.I.C. § 751 Short title
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This chapter may be cited as the “Virgin Islands Act Regarding Liability for Persons Responding to Oil Spills”.
12 V.I.C. § 752 Findings and declarations
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The Legislature of the United States Virgin Islands finds and declares:That on March 24, 1989, an ocean-going oil tanker, the Exxon Valdez, struck a reef and spilled approximately 30,000 tons (216,000 barrels) of oil into Prince William Sound, Alaska, thereby extensively fouling …
12 V.I.C. § 753 Definitions
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(1) For the purposes of this chapter the term:(1) “damages” means damages of any kind for which liability may exist under the laws of the United States Virgin Islands resulting from, arising out of, or related to the discharge or threatened discharge of oil;(2) “discharge” means …
12 V.I.C. § 754 Exemption from liability
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(a) Notwithstanding any other provision of law, a person is not liable for removal costs or damages which result from actions taken or omitted to be taken in the course of rendering care, assistance or advice consistent with the National Contingency Plan or as otherwise directed …
12 V.I.C. § 801 Definitions
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(1) As used in this chapter:(1) “Accident” means an unexpected, undesirable event, caused by the use or presence of a pesticide, which adversely affects humans or the environment.(2) “Active ingredient” means:(A) In the case of a pesticide other than a plant regulator, defoliant …
12 V.I.C. § 802 Exemptions
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(a) The provisions of this chapter do not apply to:(1) Any carrier while lawfully engaged in transporting a pesticide within the Virgin Islands, if such carrier shall, upon request, permit the Commissioner or his designee to copy all records showing the transactions in and the mo…
12 V.I.C. § 803 Powers and duties of the Commissioner
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(a) Jurisdiction in all matters pertaining to the distribution, sale, use and transportation of pesticides, is by this chapter, vested exclusively in the Commissioner. (b) All authority vested in the Commissioner by this chapter may be executed with like force by employees of the…
12 V.I.C. § 804 Fees
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All fees collected pursuant to this chapter and all fines collected through enforcement must be deposited into the Pesticide Control Program Account, which shall be established for this purpose.
12 V.I.C. § 805 Testing of pesticide samples
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(a) The Commissioner shall take and seal samples of pesticides in the presence of at least one witness and shall tender, and, if accepted, deliver to the person in charge of the pesticide one of such samples. (b) The department shall examine, analyze, or test, or cause to be exam…
12 V.I.C. § 806 Scope of registration
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Every pesticide that is used, distributed, sold, or offered for sale within the Virgin Islands or delivered for transportation shall be registered every two years with the Office of the Commissioner; provided that any pesticide imported into the Virgin Islands, which is registere…
12 V.I.C. § 807 Financial responsibility
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The Commissioner may not issue a certificate until the applicator business has furnished evidence of financial responsibility consisting of either a surety bond or a liability insurance policy or certification thereof protecting persons who may suffer damages as a result of the p…
12 V.I.C. § 808 Application for registration
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(1) The applicant shall file with the Commissioner a statement including:(1) The name and address of the applicant and the name and address of the person whose name will appear on the label, if other than the applicant;(2) The name of the pesticide;(3) A complete copy of the labe…
12 V.I.C. § 809 Review of applications to register pesticides
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(a) For registration applications subject to review pursuant to subsections (b) through (e) of this section, an application for pesticide registration must be determined by the Commissioner to be complete or incomplete within sixty days after receipt of an application for registr…
12 V.I.C. § 810 Registration fees
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The Commissioner may, by rules and regulations, set fees.
12 V.I.C. § 811 Cooperative agreements
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The Commissioner may cooperate, receive grants-in-aid, and enter into agreements with any agency of the Federal Government, of this territory or with any agency of another state, to obtain assistance in the implementation of this chapter, or in the enforcement of the Federal Inse…
12 V.I.C. § 812 Disclosure of pesticide formulas
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The Commissioner, whenever he considers it necessary in the administration of this chapter, may require the submission of the complete formula of any pesticide. Notwithstanding the provisions of this chapter, information relative to formulas of products acquired by authority of t…
12 V.I.C. § 813 Requirements for registration
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If it appears to the Commissioner that the composition of the pesticide is such as to warrant the proposed claims for it, and if the pesticide and its labeling and other material required to be submitted comply with the requirements of this chapter, the Commissioner shall registe…
12 V.I.C. § 814 Procedure when registration is denied
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If the Commissioner decides that the pesticide does not warrant the proposed claims for it or, if the pesticide and its labeling and other material required to be submitted do not comply with the provisions of this chapter, the Commissioner shall notify the applicant for registra…
12 V.I.C. § 815 Cancellation of registration
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(a) The Commissioner, in accordance with the procedures specified in this chapter, may cancel the registration of a pesticide whenever it does not appear that the article or its labeling or other material required to be submitted complies with the provisions of this chapter. (b) …
12 V.I.C. § 816 Water quality monitoring for pesticides
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The Pesticides Program of the Department, in coordination with the United States Geological Survey, National Water Quality Assessment Program, the Division of Environmental Protection-Water Programs of the Department, and other parties, shall conduct a water quality monitoring pr…
12 V.I.C. § 817 Advisory committees
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(a) The Commissioner on his own motion, may at any time refer matters concerning registration. of pesticides or the suspension or cancellation of such registration, to an advisory committee. Each advisory committee must be composed of experts, qualified in the subject matter and …
12 V.I.C. § 818 Public hearing regarding registration
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If a hearing is requested, the Commissioner shall, after due notice, hold a public hearing for the purpose of receiving evidence relevant and material to the issues raised by the objections. Any report, recommendations, underlying data, and reasons certified to the Commissioner b…
12 V.I.C. § 819 Suspension of pesticide registration
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Notwithstanding any other provision of this chapter, the Commissioner may, by order, suspend the registration of a pesticide immediately when he finds that such action is necessary to prevent an imminent hazard to the public or any other non-target organism. In such case, he shal…
12 V.I.C. § 820 Judicial review
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Final orders of the Commissioner under this chapter are to be subject to review under title five, chapter ninety-seven of this Code instituted within thirty days after personal service on the applicant for registration or registrant of the Commissioner's order.
12 V.I.C. § 821 Experimental use permits
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(a) The Commissioner may apply to the United States Environmental Protection Agency for certification pursuant to Section 5 of the Federal Insecticide, Fungicide and Rodenticide Act (as amended) to issue experimental use permits, and to establish by regulation any requirements as…
12 V.I.C. § 822 Approved agricultural uses
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A pesticide must be used in accordance with its labeling. Unless the labeling specifically prohibits such use, a pesticide registered for use in the Virgin Islands may be used for agricultural purposes only in a dosage, concentration or frequency less than that specified on the l…
12 V.I.C. § 823 Commercial permits
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(a) A commercial permit is required for the distribution, sale, offer for sale, purchase for the purpose of re-sale or possession for the purpose of re-sale of a restricted use pesticide. (b) Any person desiring such a permit shall file an application containing such information …
12 V.I.C. § 824 Purchase permits
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(a) A purchase permit or certification identification card is required for the purchase, possession or use of a restricted use pesticide. (b) Any person desiring such a permit shall file an application containing such information required by the Commissioner and in a form prescri…
12 V.I.C. § 825 Pesticide applicator certification
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(a) Any person who engages in the commercial or private application of pesticides or the sale of restricted use pesticides shall be certified by the Commissioner except as provided in subsection (b) of this section. A certification is not valid unless the certified person also ho…
12 V.I.C. § 826 Pesticide business and agency registration
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(a) A pesticide business or agency as defined in this chapter shall register with the Commissioner. (b) Applications for pesticide business or agency registration must be made to the Commissioner. The application must be on a form prescribed by the Commissioner and shall provide …
12 V.I.C. § 827 Denial or revocation of certification or registration
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(a) The Commissioner, after due notice and opportunity of hearing to an applicant, certified applicator, or registered pesticide business or agency, may deny an application or revoke a certificate or registration upon a determination that:(1) any statement in the application or u…
12 V.I.C. § 828 Certification and registration fees
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(a) Every applicant for pesticide applicator certification shall pay an examination fee. The fee shall be set by regulation. (b) There shall be fees for commercial pesticide applicator certification in one individual category, with additional fees for each additional category and…
12 V.I.C. § 829 Requirements and restrictions for commercial lawn application
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(a) Prior to any commercial lawn application, the applicator shall enter into a written contract with the owner of the property or his agent specifying the approximate date or dates of application, number of applications, and total cost for the service to be provided and shall su…
12 V.I.C. § 830 Visual notification
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(a) All persons providing commercial lawn application shall affix markers to be placed within or along the perimeter of the area where pesticides will be applied. Markers must be placed so as to be clearly visible to persons immediately outside the perimeter of such property. The…