State Codes and Statutes

Statutes > Virginia > Title-62-1 > Chapter-3-1 > 62-1-44-34-9

§ 62.1-44.34:9. Powers and duties of Board.

The Board is responsible for carrying out the provisions of this article andcompatible provisions of federal acts and is authorized to:

1. Enforce the interim prohibition provisions in § 9003 (g) of United StatesPublic Law 98-616. Until state underground storage tank standards promulgatedby regulation become effective, the Board shall enforce the federal interimstandard which prohibits installation of an underground storage tank for thepurpose of storing regulated substances unless such tank:

a. Will prevent releases due to corrosion or structural failure for theoperational life of the tank;

b. Is cathodically protected against corrosion, constructed of noncorrosivematerial, or designed in a manner to prevent the release or threatenedrelease of any stored substance; and

c. The material used in the construction or lining of the tank is compatiblewith the substance to be stored.

2. Exercise general supervision and control over underground storage tankactivities in this Commonwealth.

3. Provide technical assistance and advice concerning all aspects ofunderground storage tank management.

4. Collect such data and information as may be necessary to conduct the stateunderground storage tank program.

5. Apply for such federal funds as may become available under federal actsand transmit such funds to appropriate persons.

6. Require notification by owners of underground storage tanks in accordancewith the provisions of § 9002 of United States Public Law 98-616.

7. Require notification by owners of property who have actual knowledge ofunderground storage tanks on such property that were taken out of servicebefore January 1, 1974; however, the civil penalties specified in § 9006 (d)of United States Public Law 98-616 shall not apply to the foregoingnotification requirement.

8. Promulgate such regulations as may be necessary to carry out its powersand duties with regard to underground storage tanks in accordance withapplicable federal laws and regulations.

9. Require the owner or operator of an underground storage tank who is theresponsible person for the release to undertake corrective action for anyrelease of petroleum or any other regulated substance when the Boarddetermines that such corrective action will be done properly and promptly bythe owner or operator of the underground storage tank from which the releaseoccurs, regardless of when the release occurred; or undertake correctiveaction for any release of petroleum or any other regulated substance into theenvironment from an underground storage tank if such action is necessary, inthe judgment of the Board, to protect human health and the environment.

10. Seek recovery of costs incurred, excluding moneys expended from theVirginia Petroleum Storage Tank Fund which are governed by § 62.1-44.34:11,for undertaking corrective action or enforcement action with respect to therelease of a regulated substance from an underground storage tank or oil froma facility.

(1987, c. 528; 1989, c. 430; 1992, c. 819; 1993, c. 231; 1996, c. 737.)

State Codes and Statutes

Statutes > Virginia > Title-62-1 > Chapter-3-1 > 62-1-44-34-9

§ 62.1-44.34:9. Powers and duties of Board.

The Board is responsible for carrying out the provisions of this article andcompatible provisions of federal acts and is authorized to:

1. Enforce the interim prohibition provisions in § 9003 (g) of United StatesPublic Law 98-616. Until state underground storage tank standards promulgatedby regulation become effective, the Board shall enforce the federal interimstandard which prohibits installation of an underground storage tank for thepurpose of storing regulated substances unless such tank:

a. Will prevent releases due to corrosion or structural failure for theoperational life of the tank;

b. Is cathodically protected against corrosion, constructed of noncorrosivematerial, or designed in a manner to prevent the release or threatenedrelease of any stored substance; and

c. The material used in the construction or lining of the tank is compatiblewith the substance to be stored.

2. Exercise general supervision and control over underground storage tankactivities in this Commonwealth.

3. Provide technical assistance and advice concerning all aspects ofunderground storage tank management.

4. Collect such data and information as may be necessary to conduct the stateunderground storage tank program.

5. Apply for such federal funds as may become available under federal actsand transmit such funds to appropriate persons.

6. Require notification by owners of underground storage tanks in accordancewith the provisions of § 9002 of United States Public Law 98-616.

7. Require notification by owners of property who have actual knowledge ofunderground storage tanks on such property that were taken out of servicebefore January 1, 1974; however, the civil penalties specified in § 9006 (d)of United States Public Law 98-616 shall not apply to the foregoingnotification requirement.

8. Promulgate such regulations as may be necessary to carry out its powersand duties with regard to underground storage tanks in accordance withapplicable federal laws and regulations.

9. Require the owner or operator of an underground storage tank who is theresponsible person for the release to undertake corrective action for anyrelease of petroleum or any other regulated substance when the Boarddetermines that such corrective action will be done properly and promptly bythe owner or operator of the underground storage tank from which the releaseoccurs, regardless of when the release occurred; or undertake correctiveaction for any release of petroleum or any other regulated substance into theenvironment from an underground storage tank if such action is necessary, inthe judgment of the Board, to protect human health and the environment.

10. Seek recovery of costs incurred, excluding moneys expended from theVirginia Petroleum Storage Tank Fund which are governed by § 62.1-44.34:11,for undertaking corrective action or enforcement action with respect to therelease of a regulated substance from an underground storage tank or oil froma facility.

(1987, c. 528; 1989, c. 430; 1992, c. 819; 1993, c. 231; 1996, c. 737.)


State Codes and Statutes

State Codes and Statutes

Statutes > Virginia > Title-62-1 > Chapter-3-1 > 62-1-44-34-9

§ 62.1-44.34:9. Powers and duties of Board.

The Board is responsible for carrying out the provisions of this article andcompatible provisions of federal acts and is authorized to:

1. Enforce the interim prohibition provisions in § 9003 (g) of United StatesPublic Law 98-616. Until state underground storage tank standards promulgatedby regulation become effective, the Board shall enforce the federal interimstandard which prohibits installation of an underground storage tank for thepurpose of storing regulated substances unless such tank:

a. Will prevent releases due to corrosion or structural failure for theoperational life of the tank;

b. Is cathodically protected against corrosion, constructed of noncorrosivematerial, or designed in a manner to prevent the release or threatenedrelease of any stored substance; and

c. The material used in the construction or lining of the tank is compatiblewith the substance to be stored.

2. Exercise general supervision and control over underground storage tankactivities in this Commonwealth.

3. Provide technical assistance and advice concerning all aspects ofunderground storage tank management.

4. Collect such data and information as may be necessary to conduct the stateunderground storage tank program.

5. Apply for such federal funds as may become available under federal actsand transmit such funds to appropriate persons.

6. Require notification by owners of underground storage tanks in accordancewith the provisions of § 9002 of United States Public Law 98-616.

7. Require notification by owners of property who have actual knowledge ofunderground storage tanks on such property that were taken out of servicebefore January 1, 1974; however, the civil penalties specified in § 9006 (d)of United States Public Law 98-616 shall not apply to the foregoingnotification requirement.

8. Promulgate such regulations as may be necessary to carry out its powersand duties with regard to underground storage tanks in accordance withapplicable federal laws and regulations.

9. Require the owner or operator of an underground storage tank who is theresponsible person for the release to undertake corrective action for anyrelease of petroleum or any other regulated substance when the Boarddetermines that such corrective action will be done properly and promptly bythe owner or operator of the underground storage tank from which the releaseoccurs, regardless of when the release occurred; or undertake correctiveaction for any release of petroleum or any other regulated substance into theenvironment from an underground storage tank if such action is necessary, inthe judgment of the Board, to protect human health and the environment.

10. Seek recovery of costs incurred, excluding moneys expended from theVirginia Petroleum Storage Tank Fund which are governed by § 62.1-44.34:11,for undertaking corrective action or enforcement action with respect to therelease of a regulated substance from an underground storage tank or oil froma facility.

(1987, c. 528; 1989, c. 430; 1992, c. 819; 1993, c. 231; 1996, c. 737.)