A. No operator shall cause or permit the operation of a facility in the Commonwealth unless an oil discharge contingency plan applicable to the facility has been filed with and approved by the Board. No operator shall cause or permit a tank vessel to transport or transfer oil in state waters unless an oil discharge contingency plan applicable to the tank vessel has been filed with and approved by the Board or a vessel response plan applicable to the tank vessel and approved by the U.S. Coast Guard, pursuant to § 4202 of the federal Oil Pollution Act of 1990.
B. Application for approval of an oil discharge contingency plan shall be made to the Board and shall be accompanied by plans, specifications, maps and such other relevant information as may be required, in scope and detail satisfactory to the Board. An oil discharge contingency plan must conform to the requirements and standards determined by the Board to be necessary to ensure that the applicant can take such steps as are necessary to protect environmentally sensitive areas, to respond to the threat of an oil discharge, and to contain, clean up and mitigate an oil discharge within the shortest feasible time. Each such plan shall provide for the use of the best available technology at the time the plan is submitted for approval. The applicant shall notify the Board immediately of any significant change in the operation or capacity of or the type of product dealt in, stored, handled, transported or transferred in or by any facility or vessel covered by the plan that will necessitate a change in the plan and shall update the plan periodically as required by the Board, but in no event more frequently than once every 36 months. The Board, on a finding of need, may require an oil discharge exercise designed to demonstrate the facility's or vessel's ability to implement its oil discharge contingency plan either before or after the plan is approved.
C. The Board, after notice and opportunity for a conference pursuant to § 2.2-4019, may modify its approval of an oil discharge contingency plan if it determines that:
1. A change has occurred in the operation of any facility or vessel covered by the plan that necessitates an amended or supplemented plan;
2. The facility's or vessel's discharge experience or its inability to implement its plan in an oil discharge exercise demonstrates a necessity for modification; or
3. There has been a significant change in the best available technology since the plan was approved.
D. The Board, after notice and opportunity for hearing, may revoke its approval of an oil discharge contingency plan if it determines that:
1. Approval was obtained by fraud or misrepresentation;
2. The plan cannot be implemented as approved; or
3. A term or condition of approval has been violated.
1990, c. 917; 2004, c. 276.
Structure Code of Virginia
Title 62.1 - Waters of the State, Ports and Harbors
Chapter 3.1 - State Water Control Law
§ 62.1-44.2. Short title; purpose
§ 62.1-44.3:1. Certified mail; subsequent mail or notices may be sent by regular mail
§ 62.1-44.4. Control by Commonwealth as to water quality
§ 62.1-44.6. Chapter supplementary to existing laws
§ 62.1-44.6:1. Permit rationale
§ 62.1-44.8. Number, appointment and terms of members
§ 62.1-44.9. Qualifications of members
§ 62.1-44.12. Records of proceedings; special orders, standards, policies, rules and regulations
§ 62.1-44.13. Inspections and investigations, etc.
§ 62.1-44.14. Chairman; Executive Director; employment of personnel; supervision; budget preparation
§ 62.1-44.15:01. Further duties of Board; localities particularly affected
§ 62.1-44.15:03. Disposal of fill; notice to locality
§ 62.1-44.15:1.1. Special orders; penalties
§ 62.1-44.15:1.2. Lake level contingency plans
§ 62.1-44.15:2. Extraordinary hardship program
§ 62.1-44.15:3. When application for permit considered complete
§ 62.1-44.15:4. Notification of local governments and property owners
§ 62.1-44.15:4.1. Listing and notice of confirmed oil releases and discharges
§ 62.1-44.15:5.01. Coordinated review of water resources projects
§ 62.1-44.15:5.02. Low-flow protections in Potomac River
§ 62.1-44.15:5.1. General permit for certain water quality improvement activities
§ 62.1-44.15:5.2. General permits for ready-mix concrete plant discharges
§ 62.1-44.15:6. Permit fee regulations
§ 62.1-44.15:7. Permit Program Fund established; use of moneys
§ 62.1-44.15:8. Conformance with federal requirements
§ 62.1-44.15:20. Virginia Water Protection Permit
§ 62.1-44.15:21. Impacts to wetlands
§ 62.1-44.15:23. Wetland and stream mitigation banks
§ 62.1-44.15:23.1. Wetland and Stream Replacement Fund established
§ 62.1-44.15:26.1. Termination of Construction General Permit coverage
§ 62.1-44.15:27.2. Rural Tidewater localities; water quantity technical criteria; tiered approach
§ 62.1-44.15:27.3. Acceptance of signed and sealed plan in lieu of local plan review
§ 62.1-44.15:27.4. Department acceptance of plans in lieu of plan review
§ 62.1-44.15:28.1. Pollutant removal by dredging
§ 62.1-44.15:29.2. Stormwater Local Assistance Fund, estimate of requests
§ 62.1-44.15:41. (For expiration date - see notes) Private rights; liability
§ 62.1-44.15:41. (For effective date - see notes) Liability of common interest communities
§ 62.1-44.15:49.1. MS4 industrial and high-risk programs
§ 62.1-44.15:51. (For expiration date - see notes) Definitions
§ 62.1-44.15:51. (For effective date - see notes) Definitions
§ 62.1-44.15:53. Certification of program personnel
§ 62.1-44.15:55.1. Department review of erosion and sediment control plans for solar projects
§ 62.1-44.15:56.1. Department acceptance of plans in lieu of plan review
§ 62.1-44.15:62. Judicial appeals
§ 62.1-44.15:66. No limitation on authority of Department of Energy
§ 62.1-44.15:67. Cooperative state-local program
§ 62.1-44.15:70. Exclusive authority of Board to institute legal actions
§ 62.1-44.15:72. Board to develop criteria
§ 62.1-44.15:73. Local government authority
§ 62.1-44.15:75. Local governments outside of Tidewater Virginia may adopt provisions
§ 62.1-44.15:76. Local government requirements for water quality protection
§ 62.1-44.15:77. Effect on other governmental authority
§ 62.1-44.15:78. State agency consistency
§ 62.1-44.15:79. Vested rights protected
§ 62.1-44.15:80. Findings and purpose
§ 62.1-44.15:81. Application and preparation of draft certification conditions
§ 62.1-44.15:82. Public notice of draft certification conditions
§ 62.1-44.15:83. Requests for public hearing, hearings, and final decisions procedures
§ 62.1-44.15:84. Requests for modification or revocation; public notice
§ 62.1-44.16. Industrial wastes
§ 62.1-44.16:1. Local enforcement of industrial waste permits
§ 62.1-44.17:1. Permits for confined animal feeding operations
§ 62.1-44.17:1.1. Poultry waste management program
§ 62.1-44.17:3. Toxic substances reduction in state waters; report required
§ 62.1-44.17:4. Evaluation of toxics removal and remediation technology
§ 62.1-44.18:2. When Board may prohibit discharge; permits
§ 62.1-44.19. Approval of sewerage systems and sewage treatment works
§ 62.1-44.19:1. Prohibiting sewage discharge under certain conditions in Virginia Beach
§ 62.1-44.19:3.1. Certification of sewage sludge land applicators
§ 62.1-44.19:3.2. Local enforcement of sewage sludge regulations
§ 62.1-44.19:3.3. Septage disposal
§ 62.1-44.19:3.4. Notification of local governing bodies
§ 62.1-44.19:5. Water quality monitoring and reporting
§ 62.1-44.19:6. Citizen right-to-know provisions
§ 62.1-44.19:7. Plans to address impaired waters
§ 62.1-44.19:8. Control of discharges to toxic-impaired water
§ 62.1-44.19:9. Transmission of toxics information
§ 62.1-44.19:10. Assessment of sources of toxic contamination
§ 62.1-44.19:11. Citizen water quality monitoring program
§ 62.1-44.19:12. Legislative findings and purposes
§ 62.1-44.19:14. Watershed general permit for nutrients
§ 62.1-44.19:15. New or expanded facilities
§ 62.1-44.19:16. Technology-based standards and effluent limitations
§ 62.1-44.19:18. Nutrient allocation compliance and reporting
§ 62.1-44.19:19. Program audits
§ 62.1-44.19:21. Nutrient credit use by regulated entities
§ 62.1-44.19:21.1. Sediment credit use by regulated MS4s
§ 62.1-44.19:21.2. Nutrient and sediment credit generation and transfer; public body
§ 62.1-44.19:22. Enforcement and penalties
§ 62.1-44.19:20. (Contingent expiration date - See Editor's note) Nutrient credit certification
§ 62.1-44.19:20. (Contingent effective date - See Editor's note) Nutrient credit certification
§ 62.1-44.20. Right to entry to obtain information, etc.
§ 62.1-44.21. Information to be furnished to Board
§ 62.1-44.23:1. Intervention of Commonwealth in actions involving surface water withdrawals
§ 62.1-44.24. Testing validity of regulations; judicial review
§ 62.1-44.27. Rules of evidence in hearings
§ 62.1-44.28. Decisions of the Board in hearings pursuant to §§ 62.1-44.15 and 62.1-44.25
§ 62.1-44.30. Appeal to Court of Appeals
§ 62.1-44.33. Board to adopt regulations; tidal waters no discharge zones
§ 62.1-44.34:9. Powers and duties of Board
§ 62.1-44.34:11. Virginia Petroleum Storage Tank Fund
§ 62.1-44.34:12. Financial responsibility
§ 62.1-44.34:13. Levy of fee for Fund maintenance
§ 62.1-44.34:15. Oil discharge contingency plans
§ 62.1-44.34:15.1. Regulations for aboveground storage tanks
§ 62.1-44.34:16. Financial responsibility for vessels and facilities
§ 62.1-44.34:18. Discharge of oil prohibited; liability for permitting discharge
§ 62.1-44.34:19. Reporting of discharge
§ 62.1-44.34:19.1. Registration of aboveground storage tanks
§ 62.1-44.34:19.2. Recordkeeping and access to records and facilities
§ 62.1-44.34:20. Enforcement and penalties
§ 62.1-44.34:21. Administrative fees
§ 62.1-44.34:22. Applicability of Administrative Process Act
§ 62.1-44.34:25. Virginia Spill Response Council created; purpose; membership
§ 62.1-44.34:26. Responsibilities of the Council