Virginia Code 62.1-44.34:19: Reporting of discharge.
A. Any person discharging or causing or permitting a discharge of oil into or upon state waters, lands, or storm drain systems within the Commonwealth or discharging or causing or permitting a discharge of oil which may reasonably be expected to enter state waters, lands, or storm drain systems within the Commonwealth, and any operator of any facility, vehicle or vessel from which there is a discharge of oil into state waters, lands, or storm drain systems, or from which there is a discharge of oil which may reasonably be expected to enter state waters, lands, or storm drain systems, shall, immediately upon learning of the discharge, notify the Board, the director or coordinator of emergency services appointed pursuant to § 44-146.19 for the political subdivision in which the discharge occurs and any other political subdivision reasonably expected to be affected by the discharge, and appropriate federal authorities of such discharge. Notice will be deemed to have been given under this section for any discharge of oil to state lands in amounts less than twenty-five gallons if the recordkeeping requirements of subsection C of § 62.1-44.34:19.2 have been met and the oil has been cleaned up in accordance with the requirements of this article.
Terms Used In Virginia Code 62.1-44.34:19
- Board: means the State Water Control Board. See Virginia Code 62.1-44.3
- Director: means the Director of the Department of Environmental Quality. See Virginia Code 62.1-44.3
- Discharge: means any spilling, leaking, pumping, pouring, emitting, emptying or dumping. See Virginia Code 62.1-44.34:14
- Facility: means any development or installation within the Commonwealth that deals in, stores or handles oil, and includes a pipeline. See Virginia Code 62.1-44.34:14
- Oil: means oil of any kind and in any form, including, but not limited to, petroleum and petroleum by-products, fuel oil, lubricating oils, sludge, oil refuse, oil mixed with other wastes, crude oils and all other liquid hydrocarbons regardless of specific gravity. See Virginia Code 62.1-44.34:14
- Operator: means any person who owns, operates, charters, rents or otherwise exercises control over or responsibility for a facility or a vehicle or vessel. See Virginia Code 62.1-44.34:14
- Person: means any firm, corporation, association or partnership, one or more individuals, or any governmental unit or agency thereof. See Virginia Code 62.1-44.34:14
- State: when applied to a part of the United States, includes any of the 50 states, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Northern Mariana Islands, and the United States Virgin Islands. See Virginia Code 1-245
- State waters: means all water, on the surface and under the ground, wholly or partially within or bordering the Commonwealth or within its jurisdiction, including wetlands. See Virginia Code 62.1-44.3
- Vehicle: means any motor vehicle, rolling stock or other artificial contrivance for transport whether self-propelled or otherwise, except vessels. See Virginia Code 62.1-44.34:14
- Vessel: includes every description of watercraft or other contrivance used as a means of transporting on water, whether self-propelled or otherwise, and shall include barges and tugs. See Virginia Code 62.1-44.34:14
B. Observations and data gathered as a result of the monthly and quarterly inspection activities required by § 62.1-44.34:15.1 (1) (d) shall be maintained on site pursuant to § 62.1-44.34:19. 2, and compiled into a summary, on a form developed by the Board, such summary to be submitted to the Board annually on a schedule established by the Board. Should any such observations or data indicate the presence of petroleum hydrocarbons in ground water, the results shall be reported immediately to the Board and to the local director or coordinator of emergency services appointed pursuant to § 44-146.19.
1978, c. 816; 1990, cc. 917, 962; 1992, c. 456.