62.1-44.34:23 - Exceptions - Virginia Statutes

§ 62.1-44.34:23. Exceptions.

A. Nothing in this article shall apply to: (i) normal discharges fromproperly functioning vehicles and equipment, marine engines, outboard motorsor hydroelectric facilities; (ii) accidental discharges from farm vehicles ornoncommercial vehicles; (iii) accidental discharges from the fuel tanks ofcommercial vehicles or vessels that have a fuel tank capacity of 150 gallonsor less; (iv) discharges authorized by a valid permit issued by the Boardpursuant to § 62.1-44.15 (5) or by the United States Environmental ProtectionAgency; (v) underground storage tanks regulated under a state program; (vi)releases from underground storage tanks as defined in § 62.1-44.34:8,regardless of when the release occurred; (vii) discharges of hydrostatic testmedia from a pipeline undergoing a hydrostatic test in accordance withfederal pipeline safety regulations; or (viii) discharges authorized by thefederal on-scene coordinator and the Executive Director or his designee inconnection with activities related to the recovery of spilled oil where suchactivities are undertaken to minimize overall environmental damage due to anoil spill into or on state waters. However, the exception provided in clause(viii) shall in no way reduce the liability of the person who initiallyspilled the oil which is being recovered.

B. Notwithstanding the exemption set forth in clause (vi) of subsection A ofthis section, a political subdivision may recover pursuant to subsection C of§ 62.1-44.34:18 for a discharge of oil into or upon state waters, lands, orstorm drain systems from an underground storage tank regulated under a stateprogram at facilities with an aggregate capacity of one million gallons orgreater.

(1978, c. 816; 1987, c. 677; 1990, c. 917; 1992, cc. 302, 456; 1993, cc. 18,231; 1994, c. 416.)