§ 62.1-44.34:18. Discharge of oil prohibited; liability for permittingdischarge.
A. The discharge of oil into or upon state waters, lands, or storm drainsystems within the Commonwealth is prohibited. For purposes of this section,discharges of oil into or upon state waters include discharges of oil that(i) violate applicable water quality standards or a permit or certificate ofthe Board or (ii) cause a film or sheen upon or discoloration of the surfaceof the water or adjoining shorelines or cause a sludge or emulsion to bedeposited beneath the surface of the water or upon adjoining shorelines.
B. Any person discharging or causing or permitting a discharge of oil into orupon state waters, lands, or storm drain systems, discharging or causing orpermitting a discharge of oil which may reasonably be expected to enter statewaters, lands, or storm drain systems, or causing or permitting a substantialthreat of such discharge and any operator of any facility, vehicle or vesselfrom which there is a discharge of oil into or upon state waters, lands, orstorm drain systems, or from which there is a discharge of oil which mayreasonably be expected to enter state waters, lands, or storm drain systems,or from which there is a substantial threat of such discharge shall,immediately upon learning of such discharge or threat of discharge, implementany applicable oil spill contingency plan approved under this article or takesuch other action as may be deemed necessary in the judgment of the Board tocontain and clean up such discharge or threat of such discharge. In the eventof such discharge or threat of discharge, if it cannot be determinedimmediately the person responsible therefor, or if the person is unwilling orunable to promptly contain and clean up such discharge or threat ofdischarge, the Board may take such action as is necessary to contain andclean up the discharge or threat of discharge, including the engagement ofcontractors or other competent persons.
C. Any person discharging or causing or permitting a discharge of oil into orupon state waters, lands, or storm drain systems within the Commonwealth,discharging or causing or permitting a discharge of oil which may reasonablybe expected to enter state waters, lands, or storm drain systems, or causingor permitting a substantial threat of such discharge and any operator of anyfacility, vehicle or vessel from which there is a discharge of oil into orupon state waters, lands, or storm drain systems within the Commonwealth, orfrom which there is a discharge of oil which may reasonably be expected toenter state waters, lands, or storm drain systems, or from which there is asubstantial threat of such discharge, shall be liable to:
1. The Commonwealth of Virginia or any political subdivision thereof for allcosts and expenses of investigation, containment and cleanup incurred as aresult of such discharge or threat of discharge, including, but not limitedto, reasonable personnel, administrative, and equipment costs and expensesdirectly incurred by the Commonwealth or political subdivision, in and forpreventing or alleviating damage, loss, hardship, or harm to human health orthe environment caused or threatened to be caused by such discharge or threatof discharge;
2. The Commonwealth of Virginia or any political subdivision thereof for alldamages to property of the Commonwealth of Virginia or the politicalsubdivision caused by such discharge;
3. The Commonwealth of Virginia or any political subdivision thereof for lossof tax or other revenues caused by such discharge, and compensation for theloss of any natural resources that cannot be restocked, replenished orrestored; and
4. Any person for injury or damage to person or property, real or personal,loss of income, loss of the means of producing income, or loss of the use ofthe damaged property for recreational, commercial, industrial, agriculturalor other reasonable uses, caused by such discharge.
D. Notwithstanding any other provision of law, a person who rendersassistance in containment and cleanup of a discharge of oil prohibited bythis article or a threat of such discharge shall be liable under this sectionfor damages for personal injury and wrongful death caused by that person'snegligence, and for damages caused by that person's gross negligence orwillful misconduct, but shall not be liable for any other damages or costsand expenses of containment and cleanup under this section that are caused bythe acts or omissions of such person in rendering such assistance; however,such liability provision shall not apply to a person discharging or causingor permitting a discharge of oil into or upon state waters, lands, or stormdrain systems, discharging or causing or permitting a discharge of oil whichmay reasonably be expected to enter state waters, lands, or storm drainsystems, or causing or permitting a substantial threat of such discharge, orto such person's employee. Nothing in this article shall affect the right ofany person who renders such assistance to reimbursement for the costs of thecontainment and cleanup under the applicable provisions of this article orthe Federal Water Pollution Control Act, as amended, or any rights thatperson may have against any third party whose acts or omissions caused orcontributed to the prohibited discharge of oil or threat of such discharge.In addition, a person, other than an operator, who voluntarily, withoutcompensation, and upon the request of a governmental agency, assists in thecontainment or cleanup of a discharge of oil, shall not be liable for anycivil damages resulting from any act or omission on his part in the course ofhis rendering such assistance in good faith; nor shall any person or anyorganization exempt from income taxation under § 501 (c) (3) of the InternalRevenue Code who notifies or assists in notifying the membership of suchorganization to assist in the containment or cleanup of a discharge of oil,voluntarily, without compensation, and upon the request of a governmentagency, be liable for any civil damages resulting from such notificationrendered in good faith.
E. In any action brought under this article, it shall not be necessary forthe Commonwealth, political subdivision or any person, to plead or provenegligence in any form or manner.
F. In any action brought under this article, the Commonwealth, politicalsubdivision or any person, if a prevailing party, shall be entitled to anaward of reasonable attorneys' fees and costs.
G. It shall be a defense to any action brought under subdivision C 2, C 3, orC 4 of this section that the discharge was caused solely by (i) an act ofGod, (ii) an act of war, (iii) a willful act or omission of a third party whois not an employee, agent or contractor of the operator, or (iv) anycombination of the foregoing; however, this subsection shall not apply to anyaction brought against (a) a person or operator who failed or refused toreport a discharge as required by § 62.1-44.34:19; or (b) a person oroperator who failed or refused to cooperate fully in any containment andcleanup or who failed or refused to effect containment and cleanup asrequired by subsection B of this section.
H. In any action brought under subdivision C 2, C 3, or C 4 of this section,the total liability of a person or operator under this section for eachdischarge of oil or threat of such discharge shall not exceed the amount offinancial responsibility required under § 62.1-44.34:16 or $10,000,000,whichever is greater; however, there shall be no limit of liability imposedunder this section: (a) if the discharge of oil or threat of such dischargewas caused by gross negligence or willful misconduct on the part of theperson or the operator discharging or causing or permitting discharge orthreat of discharge or by an agent, employee or contractor of such person oroperator, or by the violation of any applicable safety, construction oroperation regulations by such person or operator or an agent, employee orcontractor of such person or operator; or (b) if the operator or persondischarging or causing or permitting a discharge or threat of dischargefailed or refused to report the discharge as required by § 62.1-44.34:19, orfailed or refused to cooperate fully in any containment and cleanup or toeffect containment and cleanup as required by subsection B of this section.
I. An operator that incurs costs pursuant to subsection B shall have theright to recover all or part of such costs in an action for contributionagainst any person or persons whose acts or omissions caused or contributedto the discharge or threat of discharge. In resolving contribution claimsunder this article, the court may allocate costs among the parties using suchequitable factors as the court deems appropriate.
J. Any person or operator who pays costs or damages pursuant to subsection Cshall have the right to recover all or part of such costs or damages in anaction for contribution against any person or persons whose act or omissionhas caused or contributed to the discharge or threat of discharge. Inresolving contribution claims under this article, the court may allocatecosts or damages among the parties using such equitable factors as the courtdeems appropriate.
(1973, c. 417; 1976, c. 51; 1978, c. 816; 1989, c. 627; 1990, cc. 917, 962;1992, c. 456; 1998, cc. 90, 836.)
§ 62.1-44.34:18. Discharge of oil prohibited; liability for permittingdischarge.
A. The discharge of oil into or upon state waters, lands, or storm drainsystems within the Commonwealth is prohibited. For purposes of this section,discharges of oil into or upon state waters include discharges of oil that(i) violate applicable water quality standards or a permit or certificate ofthe Board or (ii) cause a film or sheen upon or discoloration of the surfaceof the water or adjoining shorelines or cause a sludge or emulsion to bedeposited beneath the surface of the water or upon adjoining shorelines.
B. Any person discharging or causing or permitting a discharge of oil into orupon state waters, lands, or storm drain systems, discharging or causing orpermitting a discharge of oil which may reasonably be expected to enter statewaters, lands, or storm drain systems, or causing or permitting a substantialthreat of such discharge and any operator of any facility, vehicle or vesselfrom which there is a discharge of oil into or upon state waters, lands, orstorm drain systems, or from which there is a discharge of oil which mayreasonably be expected to enter state waters, lands, or storm drain systems,or from which there is a substantial threat of such discharge shall,immediately upon learning of such discharge or threat of discharge, implementany applicable oil spill contingency plan approved under this article or takesuch other action as may be deemed necessary in the judgment of the Board tocontain and clean up such discharge or threat of such discharge. In the eventof such discharge or threat of discharge, if it cannot be determinedimmediately the person responsible therefor, or if the person is unwilling orunable to promptly contain and clean up such discharge or threat ofdischarge, the Board may take such action as is necessary to contain andclean up the discharge or threat of discharge, including the engagement ofcontractors or other competent persons.
C. Any person discharging or causing or permitting a discharge of oil into orupon state waters, lands, or storm drain systems within the Commonwealth,discharging or causing or permitting a discharge of oil which may reasonablybe expected to enter state waters, lands, or storm drain systems, or causingor permitting a substantial threat of such discharge and any operator of anyfacility, vehicle or vessel from which there is a discharge of oil into orupon state waters, lands, or storm drain systems within the Commonwealth, orfrom which there is a discharge of oil which may reasonably be expected toenter state waters, lands, or storm drain systems, or from which there is asubstantial threat of such discharge, shall be liable to:
1. The Commonwealth of Virginia or any political subdivision thereof for allcosts and expenses of investigation, containment and cleanup incurred as aresult of such discharge or threat of discharge, including, but not limitedto, reasonable personnel, administrative, and equipment costs and expensesdirectly incurred by the Commonwealth or political subdivision, in and forpreventing or alleviating damage, loss, hardship, or harm to human health orthe environment caused or threatened to be caused by such discharge or threatof discharge;
2. The Commonwealth of Virginia or any political subdivision thereof for alldamages to property of the Commonwealth of Virginia or the politicalsubdivision caused by such discharge;
3. The Commonwealth of Virginia or any political subdivision thereof for lossof tax or other revenues caused by such discharge, and compensation for theloss of any natural resources that cannot be restocked, replenished orrestored; and
4. Any person for injury or damage to person or property, real or personal,loss of income, loss of the means of producing income, or loss of the use ofthe damaged property for recreational, commercial, industrial, agriculturalor other reasonable uses, caused by such discharge.
D. Notwithstanding any other provision of law, a person who rendersassistance in containment and cleanup of a discharge of oil prohibited bythis article or a threat of such discharge shall be liable under this sectionfor damages for personal injury and wrongful death caused by that person'snegligence, and for damages caused by that person's gross negligence orwillful misconduct, but shall not be liable for any other damages or costsand expenses of containment and cleanup under this section that are caused bythe acts or omissions of such person in rendering such assistance; however,such liability provision shall not apply to a person discharging or causingor permitting a discharge of oil into or upon state waters, lands, or stormdrain systems, discharging or causing or permitting a discharge of oil whichmay reasonably be expected to enter state waters, lands, or storm drainsystems, or causing or permitting a substantial threat of such discharge, orto such person's employee. Nothing in this article shall affect the right ofany person who renders such assistance to reimbursement for the costs of thecontainment and cleanup under the applicable provisions of this article orthe Federal Water Pollution Control Act, as amended, or any rights thatperson may have against any third party whose acts or omissions caused orcontributed to the prohibited discharge of oil or threat of such discharge.In addition, a person, other than an operator, who voluntarily, withoutcompensation, and upon the request of a governmental agency, assists in thecontainment or cleanup of a discharge of oil, shall not be liable for anycivil damages resulting from any act or omission on his part in the course ofhis rendering such assistance in good faith; nor shall any person or anyorganization exempt from income taxation under § 501 (c) (3) of the InternalRevenue Code who notifies or assists in notifying the membership of suchorganization to assist in the containment or cleanup of a discharge of oil,voluntarily, without compensation, and upon the request of a governmentagency, be liable for any civil damages resulting from such notificationrendered in good faith.
E. In any action brought under this article, it shall not be necessary forthe Commonwealth, political subdivision or any person, to plead or provenegligence in any form or manner.
F. In any action brought under this article, the Commonwealth, politicalsubdivision or any person, if a prevailing party, shall be entitled to anaward of reasonable attorneys' fees and costs.
G. It shall be a defense to any action brought under subdivision C 2, C 3, orC 4 of this section that the discharge was caused solely by (i) an act ofGod, (ii) an act of war, (iii) a willful act or omission of a third party whois not an employee, agent or contractor of the operator, or (iv) anycombination of the foregoing; however, this subsection shall not apply to anyaction brought against (a) a person or operator who failed or refused toreport a discharge as required by § 62.1-44.34:19; or (b) a person oroperator who failed or refused to cooperate fully in any containment andcleanup or who failed or refused to effect containment and cleanup asrequired by subsection B of this section.
H. In any action brought under subdivision C 2, C 3, or C 4 of this section,the total liability of a person or operator under this section for eachdischarge of oil or threat of such discharge shall not exceed the amount offinancial responsibility required under § 62.1-44.34:16 or $10,000,000,whichever is greater; however, there shall be no limit of liability imposedunder this section: (a) if the discharge of oil or threat of such dischargewas caused by gross negligence or willful misconduct on the part of theperson or the operator discharging or causing or permitting discharge orthreat of discharge or by an agent, employee or contractor of such person oroperator, or by the violation of any applicable safety, construction oroperation regulations by such person or operator or an agent, employee orcontractor of such person or operator; or (b) if the operator or persondischarging or causing or permitting a discharge or threat of dischargefailed or refused to report the discharge as required by § 62.1-44.34:19, orfailed or refused to cooperate fully in any containment and cleanup or toeffect containment and cleanup as required by subsection B of this section.
I. An operator that incurs costs pursuant to subsection B shall have theright to recover all or part of such costs in an action for contributionagainst any person or persons whose acts or omissions caused or contributedto the discharge or threat of discharge. In resolving contribution claimsunder this article, the court may allocate costs among the parties using suchequitable factors as the court deems appropriate.
J. Any person or operator who pays costs or damages pursuant to subsection Cshall have the right to recover all or part of such costs or damages in anaction for contribution against any person or persons whose act or omissionhas caused or contributed to the discharge or threat of discharge. Inresolving contribution claims under this article, the court may allocatecosts or damages among the parties using such equitable factors as the courtdeems appropriate.
(1973, c. 417; 1976, c. 51; 1978, c. 816; 1989, c. 627; 1990, cc. 917, 962;1992, c. 456; 1998, cc. 90, 836.)
§ 62.1-44.34:18. Discharge of oil prohibited; liability for permittingdischarge.
A. The discharge of oil into or upon state waters, lands, or storm drainsystems within the Commonwealth is prohibited. For purposes of this section,discharges of oil into or upon state waters include discharges of oil that(i) violate applicable water quality standards or a permit or certificate ofthe Board or (ii) cause a film or sheen upon or discoloration of the surfaceof the water or adjoining shorelines or cause a sludge or emulsion to bedeposited beneath the surface of the water or upon adjoining shorelines.
B. Any person discharging or causing or permitting a discharge of oil into orupon state waters, lands, or storm drain systems, discharging or causing orpermitting a discharge of oil which may reasonably be expected to enter statewaters, lands, or storm drain systems, or causing or permitting a substantialthreat of such discharge and any operator of any facility, vehicle or vesselfrom which there is a discharge of oil into or upon state waters, lands, orstorm drain systems, or from which there is a discharge of oil which mayreasonably be expected to enter state waters, lands, or storm drain systems,or from which there is a substantial threat of such discharge shall,immediately upon learning of such discharge or threat of discharge, implementany applicable oil spill contingency plan approved under this article or takesuch other action as may be deemed necessary in the judgment of the Board tocontain and clean up such discharge or threat of such discharge. In the eventof such discharge or threat of discharge, if it cannot be determinedimmediately the person responsible therefor, or if the person is unwilling orunable to promptly contain and clean up such discharge or threat ofdischarge, the Board may take such action as is necessary to contain andclean up the discharge or threat of discharge, including the engagement ofcontractors or other competent persons.
C. Any person discharging or causing or permitting a discharge of oil into orupon state waters, lands, or storm drain systems within the Commonwealth,discharging or causing or permitting a discharge of oil which may reasonablybe expected to enter state waters, lands, or storm drain systems, or causingor permitting a substantial threat of such discharge and any operator of anyfacility, vehicle or vessel from which there is a discharge of oil into orupon state waters, lands, or storm drain systems within the Commonwealth, orfrom which there is a discharge of oil which may reasonably be expected toenter state waters, lands, or storm drain systems, or from which there is asubstantial threat of such discharge, shall be liable to:
1. The Commonwealth of Virginia or any political subdivision thereof for allcosts and expenses of investigation, containment and cleanup incurred as aresult of such discharge or threat of discharge, including, but not limitedto, reasonable personnel, administrative, and equipment costs and expensesdirectly incurred by the Commonwealth or political subdivision, in and forpreventing or alleviating damage, loss, hardship, or harm to human health orthe environment caused or threatened to be caused by such discharge or threatof discharge;
2. The Commonwealth of Virginia or any political subdivision thereof for alldamages to property of the Commonwealth of Virginia or the politicalsubdivision caused by such discharge;
3. The Commonwealth of Virginia or any political subdivision thereof for lossof tax or other revenues caused by such discharge, and compensation for theloss of any natural resources that cannot be restocked, replenished orrestored; and
4. Any person for injury or damage to person or property, real or personal,loss of income, loss of the means of producing income, or loss of the use ofthe damaged property for recreational, commercial, industrial, agriculturalor other reasonable uses, caused by such discharge.
D. Notwithstanding any other provision of law, a person who rendersassistance in containment and cleanup of a discharge of oil prohibited bythis article or a threat of such discharge shall be liable under this sectionfor damages for personal injury and wrongful death caused by that person'snegligence, and for damages caused by that person's gross negligence orwillful misconduct, but shall not be liable for any other damages or costsand expenses of containment and cleanup under this section that are caused bythe acts or omissions of such person in rendering such assistance; however,such liability provision shall not apply to a person discharging or causingor permitting a discharge of oil into or upon state waters, lands, or stormdrain systems, discharging or causing or permitting a discharge of oil whichmay reasonably be expected to enter state waters, lands, or storm drainsystems, or causing or permitting a substantial threat of such discharge, orto such person's employee. Nothing in this article shall affect the right ofany person who renders such assistance to reimbursement for the costs of thecontainment and cleanup under the applicable provisions of this article orthe Federal Water Pollution Control Act, as amended, or any rights thatperson may have against any third party whose acts or omissions caused orcontributed to the prohibited discharge of oil or threat of such discharge.In addition, a person, other than an operator, who voluntarily, withoutcompensation, and upon the request of a governmental agency, assists in thecontainment or cleanup of a discharge of oil, shall not be liable for anycivil damages resulting from any act or omission on his part in the course ofhis rendering such assistance in good faith; nor shall any person or anyorganization exempt from income taxation under § 501 (c) (3) of the InternalRevenue Code who notifies or assists in notifying the membership of suchorganization to assist in the containment or cleanup of a discharge of oil,voluntarily, without compensation, and upon the request of a governmentagency, be liable for any civil damages resulting from such notificationrendered in good faith.
E. In any action brought under this article, it shall not be necessary forthe Commonwealth, political subdivision or any person, to plead or provenegligence in any form or manner.
F. In any action brought under this article, the Commonwealth, politicalsubdivision or any person, if a prevailing party, shall be entitled to anaward of reasonable attorneys' fees and costs.
G. It shall be a defense to any action brought under subdivision C 2, C 3, orC 4 of this section that the discharge was caused solely by (i) an act ofGod, (ii) an act of war, (iii) a willful act or omission of a third party whois not an employee, agent or contractor of the operator, or (iv) anycombination of the foregoing; however, this subsection shall not apply to anyaction brought against (a) a person or operator who failed or refused toreport a discharge as required by § 62.1-44.34:19; or (b) a person oroperator who failed or refused to cooperate fully in any containment andcleanup or who failed or refused to effect containment and cleanup asrequired by subsection B of this section.
H. In any action brought under subdivision C 2, C 3, or C 4 of this section,the total liability of a person or operator under this section for eachdischarge of oil or threat of such discharge shall not exceed the amount offinancial responsibility required under § 62.1-44.34:16 or $10,000,000,whichever is greater; however, there shall be no limit of liability imposedunder this section: (a) if the discharge of oil or threat of such dischargewas caused by gross negligence or willful misconduct on the part of theperson or the operator discharging or causing or permitting discharge orthreat of discharge or by an agent, employee or contractor of such person oroperator, or by the violation of any applicable safety, construction oroperation regulations by such person or operator or an agent, employee orcontractor of such person or operator; or (b) if the operator or persondischarging or causing or permitting a discharge or threat of dischargefailed or refused to report the discharge as required by § 62.1-44.34:19, orfailed or refused to cooperate fully in any containment and cleanup or toeffect containment and cleanup as required by subsection B of this section.
I. An operator that incurs costs pursuant to subsection B shall have theright to recover all or part of such costs in an action for contributionagainst any person or persons whose acts or omissions caused or contributedto the discharge or threat of discharge. In resolving contribution claimsunder this article, the court may allocate costs among the parties using suchequitable factors as the court deems appropriate.
J. Any person or operator who pays costs or damages pursuant to subsection Cshall have the right to recover all or part of such costs or damages in anaction for contribution against any person or persons whose act or omissionhas caused or contributed to the discharge or threat of discharge. Inresolving contribution claims under this article, the court may allocatecosts or damages among the parties using such equitable factors as the courtdeems appropriate.
(1973, c. 417; 1976, c. 51; 1978, c. 816; 1989, c. 627; 1990, cc. 917, 962;1992, c. 456; 1998, cc. 90, 836.)
