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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. § 836 Unlawful acts
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(a) It is unlawful:(a) For any person to distribute, sell, offer for sale or use within the Virgin Islands or deliver for transportation or transport in intrastate commerce or between points within the Virgin Islands through any point outside the Virgin Islands any of the followi…
12 V.I.C. § 837 Registration not a defense
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In no event shall registration of a pesticide, be construed as a defense for the commission of any offense prohibited under subsections (a) through (g) of section 836.
12 V.I.C. § 838 Pesticides that may be seized
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(a) Any pesticide that is distributed, sold, offered for sale or used within the Virgin Islands or delivered for transportation or transported in intrastate commerce or between points within the Virgin Islands through any point outside the Virgin Islands may be seized for confisc…
12 V.I.C. § 839 Procedure following seizure
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(a) Whenever the Commissioner finds, or has probable cause to believe, that any pesticide is adulterated or misbranded or improperly labeled, or is not colored within the meaning of this chapter, or is not registered as required under this chapter, or for which a permit has not b…

Showing 301–350 of 363

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12 V.I.C. § 840 Investigations

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(a) The Commissioner, or any officer of the department when authorized by the Commissioner, may investigate and report as to all matters within or pertaining to the powers and jurisdiction of the department for the purpose of carrying into effect the provisions of this chapter an…

12 V.I.C. § 841 Immunity of witnesses

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In any investigation, hearing or inquiry, conducted pursuant to this chapter or the rules of the department made pursuant thereto, the Commissioner, or his deputy or other officer presiding at such investigation, hearing or inquiry, may confer immunity in accordance with title 14…

12 V.I.C. § 842 Sanctions

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(a) Administrative sanctions. Except as otherwise provided in this subsection, any person who violates any provision of this chapter or any rule, regulation or order issued thereunder or commits any offense described in section 836 of this chapter shall be liable to the people of…

12 V.I.C. § 843 Aiders and abettors

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Any person knowingly aiding or abetting any other person in the violation of any provision of this chapter or any rule, regulation, or order of the department made pursuant thereto is subject to the same punishment and penalty as that prescribed by this chapter for the violation …

12 V.I.C. § 844 Injunction against violations

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Whenever it appears that any person is violating or threatening to violate any provision of this chapter or any rule, regulation or order issued thereunder or is committing any offense described in section 836 of this chapter, the department, acting by the attorney general, may b…

12 V.I.C. § 845 Act of officer or agent deemed act of principal

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In construing and enforcing the provisions of this chapter or this title relating to penalties, the act of a director, officer, agent or other person acting for or employed by a person, association or corporation subject to the provisions of this chapter and acting within the sco…

12 V.I.C. § 846 Disposal of fines and moneys recovered

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Except as otherwise provided in this chapter, all moneys recovered, either as fines, penalties, forfeitures or otherwise, for the violation of any of the provisions of this chapter or of the rules of the department, and all bail forfeited by persons charged with such violations, …

12 V.I.C. § 847 Severability

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If any provision of this chapter is declared unconstitutional, or the applicability thereof to any person or circumstance is held invalid, by a court of competent jurisdiction, the constitutionality of the remainder of the chapter, and the applicability thereof to other persons a…

12 V.I.C. § 848 Short title

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This chapter may be cited as the Virgin Islands Pesticide Control Act.

12 V.I.C. § 901 Common name

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This chapter shall be known and may be cited as the Virgin Islands Coastal Zone Management Act of 1978.

12 V.I.C. § 902 Definitions

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(a) For the purposes of this chapter, and unless the context otherwise requires:(a) “Aggrieved person” means any person, including the applicant, who, in connection with a decision or action of the Commission on an application for a major coastal zone permit either appeared in pe…

12 V.I.C. § 903 Findings and goals

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(a) The Legislature hereby finds and declares that:(1) the coastal zone, and the lands and waters thereof, constitute a distinct and valuable natural resource of vital importance to the people and economy of the United States Virgin Islands;(2) the protection of the natural and s…

12 V.I.C. § 904 Coastal Zone Management Commission

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(a) There is hereby created within the Department of Conservation and Cultural Affairs a Coastal Zone Management Commission composed of the Commissioner of Conservation and Cultural Affairs, who shall be a non-voting member, ex officio, the Director of the Virgin Islands Planning…

12 V.I.C. § 905 General provisions

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(a) Nothing in this chapter shall be construed as amending or altering in any way the existing zoning designations of lands within the United States Virgin Islands or the Zoning District Maps adopted pursuant to Title 29, chapter 3, of this Code. (b) Every use permitted under an …

12 V.I.C. § 906 Specific policies applicable to the first tier of the coastal zone

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(a) Consistent with the basic goals set forth in section 903(b) of this chapter, and except as may otherwise be specifically provided in this chapter, the policies set forth in this section shall apply to all proposed developments in the first tier of the coastal zone, and no suc…

12 V.I.C. § 907 The Coastal Land and Water Use Plan

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The Coastal Land and Water Use Plan, identified as Document Numbers LWUP-1–4, inclusive, are hereby approved and shall be implemented. This plan shall be used to the maximum extent feasible as the long-range guide by the Commission, Commissioner, Virgin Islands Planning Office an…

12 V.I.C. § 908 Coastal zone boundary maps

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The boundaries and identification of the coastal zone, including the first and second tier established by this chapter, are shown on the Coastal Zone Management Plan Maps, identified as Document Number STCZM-1 to 5, SCCZM-1 to 11, SJCZM-1 to 4, and OICZM-1, inclusive, which are f…

12 V.I.C. § 909 Areas of particular concern

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The Commission may recommend, after reasonable notice and public hearings, designation of areas of particular concern within the first tier of the coastal zone and submit such recommendations to the Legislature for adoption. In recommending the designation of areas of particular …

12 V.I.C. § 910 Coastal zone permit

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(a) When required, terms and conditions. (1) On or after the effective date of this chapter, any person wishing to perform or undertake any development in the first tier of the coastal zone, except as provided in subsection (b) of this section, shall obtain a coastal zone permit …

12 V.I.C. § 911 Additional requirements for development or occupancy of trust lands or other submerged or filled lands

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(a) Permit required prior to development or occupancy. (1) No person shall develop or occupy the trust lands or other submerged or filled lands of the United States Virgin Islands without securing a coastal zone permit which includes, in addition to the elements of a section 910 …

12 V.I.C. § 912 Planning program

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(a) Setting of boundaries, establishment of titles, identification of access and amendments. The Commission, with the assistance of the Planning Office, the Attorney General and other public agencies, shall conduct a comprehensive survey of the shorelines of the United States Vir…

12 V.I.C. § 913 Enforcement, penalties and judicial review

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(a) General. The provisions of this section shall be cumulative and not exclusive and shall be in addition to any other remedies available at law or equity. (b) Enforcement. (1) Any person may maintain an action for declaratory and equitable relief to restrain any violation of th…

12 V.I.C. § 914 Board of Land Use Appeals

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(a) Administrative appeals or coastal zone permit applications. Notwithstanding any provision of law to the contrary, any aggrieved person may file an appeal of an action by the Commission, its Committees, or the Commissioner taken pursuant to section 910 or 911 of this chapter w…

12 V.I.C. § 1101 Definitions

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(a) As used in this chapter, unless the context otherwise requires:(a) “Alternative energy” means fuel sources that are other than those derived from fossil fuels.(b) “Department” means the Department of Planning and Natural Resources.(c) “Director” means the director of the Ener…

12 V.I.C. § 1102 Purpose; strategies or projects

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(a) The intent of this chapter is to encourage the development of renewable and alternative energy generation sources on two levels: large, utility scale infrastructure development; and small, homeowner scale and commercial renewable energy use. (b) In carrying out this section, …

12 V.I.C. § 1103 Duties of Director

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(a) To achieve the purposes of this chapter, the Director may:(a) Identify, plan, organize, initiate, and sponsor studies, research, and experimental, pilot, and demonstration facilities and projects that would lead to the development and more efficient utilization of present, ne…

12 V.I.C. § 1104 Interagency Advisory Committee

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(a) The Virgin Islands Energy Office shall establish an interagency advisory committee consisting of representatives from:(1) government agencies and instrumentalities, including the University of the Virgin Islands;(2) The Virgin Islands Water and Power Authority;(3) The private…

12 V.I.C. § 1121 Incentive Program

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The Solar and Wind Energy System Incentive Program is established to provide financial incentives for the purchase and installation of solar and wind energy systems.

12 V.I.C. § 1122 Installation of solar equipment in new developments

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(a) In the construction of new developments or substantially modified developments after the effective date of this subchapter, the developer shall use energy-efficient solar systems or heat pump water heaters for providing not less than 70% of water heating, unless the Commissio…

12 V.I.C. § 1124 Customs duty excise tax exemption

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(a) Notwithstanding any other provision of law to the contrary, in order to carry out the purposes of this chapter, equipment or component parts brought into the Virgin Islands for the purpose of manufacturing of solar water heaters or wind or solar energy systems are exempt from…

12 V.I.C. § 1127 Renewable sources inventory

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(1) Not later than six months after the effective date of this chapter, the Director shall submit to the Legislature a report containing-(1) an inventory of renewable and alternative energy sources available in the Virgin Islands for consumers; and(2) a projection of future inven…

12 V.I.C. § 1128 Training of employees

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A solar energy training program must be established within two years after the effective date of this subchapter, within the Virgin Islands Career and Technical Education Program under the Department of Education, including a training program for the construction of solar hot wat…

12 V.I.C. § 1129 Solar and renewable energy in public buildings and energy efficient vehicles

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(a) To accelerate the growth of a commercially viable solar energy industry to make this system available to the public as an option that can reduce the fossil fuel consumption and costs to the Government, each government agency and instrumentality, including all branches of gove…

12 V.I.C. § 1130 Energy efficiency standards

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(a) Each agency and instrumentality of the Government to the extent practicable shall design and construct buildings to incorporate energy-efficiency measures to optimize solar heating for water heating. This section applies to new residential facilities built using any portion o…

12 V.I.C. § 1131 Exemption for alternative fuel vehicles

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As provided in 33 V.I.C. § 42(e)(7) and 33 V.I.C. § 533, from the effective date of this section until January 1, 2021, the importation of electric vehicles and the lithium-ion batteries they use, hybrid vehicles, and other alternative fuel vehicles, is exempt from the payment of…

12 V.I.C. § 1141 Short title

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This subchapter may be referred to as the “Net Energy Metering Act.”

12 V.I.C. § 1142 Legislative intent

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(a) It is declared to be the purpose and policy of the Legislature of the Virgin Islands in enacting this subchapter to:(a) encourage private investment in renewable and alternative energy resources;(b) stimulate the economic growth of Virgin Islands;(c) enhance the continued div…

12 V.I.C. § 1143 Definitions

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(a) As used in this subchapter:(a) “Commercial customer” means a person, persons jointly or a legal entity receiving electrical service from the Utility under the Utility’s criteria established for commercial service and who owns the property where the net metering facility is lo…

12 V.I.C. § 1144 Net metering; availability

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(a) A utility shall offer net metering as set forth in this subchapter. The aggregate capacity of the net metering offered must not exceed 5 mega watts on the island of St. Croix and must not exceed 10 mega watts collectively on the islands of St. Thomas and St. John and Water Is…

12 V.I.C. § 1145 Net metering safety standards

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(a) A net metering system used by a customer-generator must meet all applicable safety and power quality standards established by:(1) The National Electric Code;(2) Underwriter's Laboratories, UL 1741;(3) The Institute of Electrical and Electronic Engineers, IEEE-929 and IEEE-154…

12 V.I.C. § 1146 Billing

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(a) The billing period for net metering may be either a monthly period, a quarterly, semi-annual or annual period as determined by the billing cycle of the Utility. (b) Except as otherwise provided in paragraph (3) of this subsection, the net energy measurement must be calculated…

12 V.I.C. § 1147 Utilization of renewable technologies by electric utility

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(a) The utility shall develop a plan to minimize dependence on one fuel source and to ensure that the electric energy it sells to consumers is generated using a diverse range of fuels and technologies where feasible and cost effective, including renewable technologies. (b) Each e…

12 V.I.C. § 1148 Interconnection

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Interconnection, as it relates to this subchapter, must be done in accordance with the Utility’s adopted interconnection procedures. The Commission may take such action as is necessary to enforce this section.

12 V.I.C. § 1149 Expiration of program

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The net metering program expires January 1, 2025, for a customer-generator that has a generating capacity larger than 10 kilowatts residential.

12 V.I.C. § 1151 General goals of program

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(a) In order to achieve the purposes of this chapter, the Director shall conduct programs for energy research, development, demonstration and commercial application with the general goals of-(1) increasing the efficiency of all energy intensive sectors through conservation and im…

12 V.I.C. § 1152 Reliance upon renewable energy technologies

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(a) The peak demanded generating capacity of the Virgin Islands Water and Power Authority must be derived from technologies utilizing renewable energy as defined in section 1101(f) of this title and as follows: 20% by January 1, 2015; 25% by January 1, 2020; and 30% by January 1,…