62.1-44.34:15 - Oil discharge contingency plans - Virginia Statutes

§ 62.1-44.34:15. Oil discharge contingency plans.

A. No operator shall cause or permit the operation of a facility in theCommonwealth unless an oil discharge contingency plan applicable to thefacility has been filed with and approved by the Board. No operator shallcause or permit a tank vessel to transport or transfer oil in state watersunless an oil discharge contingency plan applicable to the tank vessel hasbeen filed with and approved by the Board or a vessel response planapplicable to the tank vessel and approved by the U.S. Coast Guard, pursuantto § 4202 of the federal Oil Pollution Act of 1990.

B. Application for approval of an oil discharge contingency plan shall bemade to the Board and shall be accompanied by plans, specifications, maps andsuch other relevant information as may be required, in scope and detailsatisfactory to the Board. An oil discharge contingency plan must conform tothe requirements and standards determined by the Board to be necessary toensure that the applicant can take such steps as are necessary to protectenvironmentally sensitive areas, to respond to the threat of an oildischarge, and to contain, clean up and mitigate an oil discharge within theshortest feasible time. Each such plan shall provide for the use of the bestavailable technology at the time the plan is submitted for approval. Theapplicant shall notify the Board immediately of any significant change in theoperation or capacity of or the type of product dealt in, stored, handled,transported or transferred in or by any facility or vessel covered by theplan that will necessitate a change in the plan and shall update the planperiodically as required by the Board, but in no event more frequently thanonce every 36 months. The Board, on a finding of need, may require an oildischarge exercise designed to demonstrate the facility's or vessel's abilityto implement its oil discharge contingency plan either before or after theplan 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 itdetermines that:

1. A change has occurred in the operation of any facility or vessel coveredby the plan that necessitates an amended or supplemented plan;

2. The facility's or vessel's discharge experience or its inability toimplement its plan in an oil discharge exercise demonstrates a necessity formodification; or

3. There has been a significant change in the best available technology sincethe plan was approved.

D. The Board, after notice and opportunity for hearing, may revoke itsapproval 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.)