{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/62.1-44.34_11.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/62.1-44.34_11.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/62.1-44.34_11.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/62.1-44.34_11.html"}],"law_id":75515,"edition_id":1,"section_id":75515,"structure_id":16586,"section_number":"62.1-44.34:11","catch_line":"Virginia Petroleum Storage Tank Fund","history":"1987, c. 677; 1989, cc. 430, 627; 1990, cc. 580, 581, 582, 917; 1992, cc. 456, 819; 1993, cc. 20, 375; 1994, cc. 196, 535; 1996, cc. 737, 979; 1998, c. 87; 2004, c. 485.","full_text":"A\n\nThe Virginia Petroleum Storage Tank Fund is hereby established as a nonlapsing revolving fund to be used by the Board for (i) administering the state regulatory programs authorized by Articles 9, 10 and 11 (\u00a7 62.1-44.34:8 et seq.) of this chapter, (ii) demonstrating financial responsibility, and (iii) other purposes as provided for by applicable provisions of state and federal law. All expenses, costs, civil penalties, charges and judgments recovered by or on behalf of the Board pursuant to Articles 9, 10 and 11 of this chapter, and all moneys received as reimbursement in accordance with applicable provisions of federal law and all fees collected pursuant to \u00a7\u00a7 62.1-44.34:19.1 and 62.1-44.34:21, shall be deposited into the Fund. Interest earned on the Fund shall be credited to the Fund. No moneys shall be credited to the balance in the Fund until they have been received by the Fund. The Fund shall be established on the books of the Comptroller and any funds remaining in such Fund at the end of the biennium shall not revert to the general fund but shall remain in the Fund.\n\t\t\tThe Fund shall be administered by the Board consistent with the provisions of Subtitle I of the federal Solid Waste Disposal Act (P.L. 98-616, \u00a7 9001 et seq.) and any approved state underground storage tank program and in accordance with the following provisions:1\n\nThe Fund shall be maintained in a separate account. An accounting of moneys received and disbursed shall be kept, and furnished upon request to the Governor or the General Assembly.2\n\nDisbursements from the Fund may be made only for the following purposes:\n\t\t\t\ta. Reasonable and necessary per occurrence costs incurred for releases reported after December 22, 1989, by the owner or operator who is the responsible person, in taking corrective action for any release of petroleum into the environment from an underground storage tank which are in excess of the per occurrence financial responsibility requirement imposed in subsection B of § 62.1-44.34:12, up to $1 million.\n\t\t\t\tb. Reasonable and necessary per occurrence costs incurred for releases reported after December 22, 1989, by the owner or operator who is the responsible person for compensating third parties, including payment of judgments for bodily injury and property damage caused by the release of petroleum into the environment from an underground storage tank, which are in excess of the per occurrence financial responsibility requirement imposed by subsection B of § 62.1-44.34:12, up to $1 million. The reasonableness and necessity of costs shall be determined based upon documented or actual damage, loss in value, and other relevant factors. Disbursements for third party claims shall be subordinate to disbursements for the corrective action costs in subdivision A 2 a of this section. Compensation for bodily injury and property damage shall be paid only in accordance with final court orders in cases which have been tried to final judgment no longer (i) subject to appeal, (ii) in accordance with final arbitration awards not subject to appeal, or (iii) where the Board approved the settlement of claim between the owner or operator and the third-party prior to execution by the parties.\n\t\t\t\tc. Reasonable and necessary per occurrence costs incurred by an operator whose net annual profits from all facilities do not exceed $10 million for containment and cleanup of a release from a facility of a product subject to § 62.1-44.34:13 as follows: (i) for an operator of a facility with a storage capacity less than 25,000 gallons, per occurrence costs in excess of $2,500 up to $1 million; (ii) for an operator of a facility with a storage capacity from 25,000 gallons to 100,000 gallons, per occurrence costs in excess of $5,000 up to $1 million; (iii) for an operator of a facility with a storage capacity from 100,000 gallons to four million gallons, per occurrence costs in excess of $.05 per gallon of aboveground storage capacity up to $1 million; and (iv) for an operator of a facility with a storage capacity greater than four million gallons, per occurrence costs in excess of $200,000 up to $1 million. For purposes of this subdivision (2 c), the per occurrence financial responsibility requirements for an operator shall be based on the total storage capacity for the facility from which the discharge occurs.\n\t\t\t\td. Reasonable and necessary per occurrence costs incurred by an operator whose net annual profits from all facilities exceed $10 million for containment and cleanup of a release from a facility of a product subject to § 62.1-44.34:13 as follows: (i) for an operator of a facility with a storage capacity less than four million gallons, per occurrence costs in excess of $200,000 up to $1 million; (ii) for an operator of a facility with a storage capacity from four million gallons to 20 million gallons, per occurrence costs in excess of $.05 per gallon of aboveground storage capacity up to $1 million; and (iii) an operator of a facility with a storage capacity greater than 20 million gallons shall have no access to the Fund. For purposes of this subdivision, the per occurrence financial responsibility requirements for an operator shall be based on the total storage capacity for all facilities located within the Commonwealth.\n\t\t\t\te. Costs incurred by the Board in taking immediate corrective action to contain or mitigate the effects of any release of petroleum into the environment from an underground storage tank or from underground storage tanks exempted in subdivisions 1 and 2 of the definition of underground storage tank in § 62.1-44.34:10, if such action is necessary, in the judgment of the Board, to protect human health and the environment.\n\t\t\t\tf. Costs of corrective action up to $1 million for any release of petroleum into the environment from underground storage tanks or from underground storage tanks exempted in subdivisions 1 and 2 of the definition of underground storage tank in § 62.1-44.34:10 (i) whose owner or operator cannot be determined by the Board within 90 days; or (ii) whose owner or operator is incapable, in the judgment of the Board, of carrying out such corrective action properly.\n\t\t\t\tg. Costs of corrective action incurred by the Board for any release of petroleum into the environment from underground storage tanks which are otherwise specifically listed in exemptions 1 through 9 of the definition of an underground storage tank in § 62.1-44.34:10.\n\t\t\t\th. Reasonable and necessary per occurrence costs of corrective action incurred for releases reported after December 22, 1989, by the owner or operator in excess of $500 up to $1 million for any release of petroleum into the environment from an underground storage tank exempted in subdivisions 1 and 2 of the definition of an underground storage tank in § 62.1-44.34:10 and aboveground storage tanks with a capacity of 5,000 gallons or less used for storing heating oil for consumption on the premises where stored.\n\t\t\t\ti. The “cost share” of corrective action with respect to any release of petroleum into the environment from underground storage tanks undertaken under a cooperative agreement with the Administrator of the United States Environmental Protection Agency, as determined by the Administrator of the United States Environmental Protection Agency in accordance with the provisions of § 9003 (h) (7) (B) of the United States Public Law 98-616 (as amended in 1986 by United States Public Law 99-662).\n\t\t\t\tj. Administrative costs incurred by the Board in carrying out the provisions of regulatory programs authorized by Articles 9, 10, and 11 (§ 62.1-44.34:8 et seq.) of this chapter.\n\t\t\t\tk. All costs and expenses, including but not limited to personnel, administrative, and equipment costs and expenses, directly incurred by the Board or by any other state agency acting at the direction of the Board, in and for the abatement, containment, removal and disposal of oil pursuant to Article 11 (§ 62.1-44.34:14 et seq.) of Chapter 3.1 of this title.\n\t\t\t\tl. Procurement, maintenance and replenishment of materials, equipment and supplies, in such quantities and at such locations as the Board may deem necessary, for the abatement, containment, removal and disposal of oil pursuant to Article 11 (§ 62.1-44.34:14 et seq.) of Chapter 3.1 of this title.\n\t\t\t\tm. Costs and expenses, incurred by the Board or by any other state agency, acting at the direction of the Board, for the protection, cleanup and rehabilitation of waterfowl, wildlife, shellfish beds and other natural resources, damaged or threatened by the discharge of oil, owned by the Commonwealth or held in trust by the Commonwealth for the benefit of its citizens.\n\t\t\t\tn. Refund of cash deposits held in escrow pursuant to Article 11 (§ 62.1-44.34:14 et seq.) of Chapter 3.1 of this title and reasonable interest thereon, and refunds of fees collected pursuant to § 62.1-44.34:21 as authorized by this chapter.\n\t\t\t\to. Administrative costs incurred by the Department of Motor Vehicles in the collection of fees specified in § 62.1-44.34:13.\n\t\t\t\tp. Reasonable and necessary costs incurred by the Virginia Department of Transportation in taking corrective action on property acquired for transportation purposes. If the costs of taking corrective action are recovered, in whole or in part, from any responsible party, the recovery shall be deposited to the Fund.\n\t\t\t\tq. Reasonable and necessary per occurrence costs for releases reported after December 22, 1989, in taking corrective action for any release of petroleum into the environment from an underground storage tank, which are in excess of $5,000 up to $1 million, by any person who, without participating in the management of an underground storage tank or being otherwise engaged in petroleum production, refining, and marketing, holds indicia of ownership primarily to protect the holder’s security interest in the tank.3\n\nNo funds shall be paid for reimbursement of costs incurred for corrective action taken prior to December 22, 1989, by an owner or operator of an underground storage tank, or an owner of an underground storage tank exempted in subdivisions 1 and 2 of the definition of an underground storage tank in § 62.1-44.34:10, or an owner of an aboveground storage tank with a capacity of 5,000 gallons or less used for storing heating oil for consumption on the premises where stored.4\n\nNo funds shall be paid for reimbursement of costs incurred prior to January 1, 1992, by an operator of a facility for containment and cleanup of a release from a facility of a product subject to § 62.1-44.34:13.5\n\nNo funds shall be paid for reimbursement of moneys expended for payment of interest or other finance charges on loans which were used for corrective action or containment and cleanup of a release by a person in subdivisions A 3 or A 4 of this section, except for an owner or operator which is exempt from taxation under § 501 (c) (3) of the Internal Revenue Code, provided that: (i) the loan moneys have been paid for corrective action that was pre-approved by the Board, (ii) any and all disbursements received from the Fund shall be paid against the loan or for interest and points, and (iii) the payment of interest and points under this subdivision shall be limited to five years from the date the release is reported to the Board. The Board may extend the period for payment of interest and points if, in the judgment of the Board, such action is necessary. The restrictions imposed in clauses (i), (ii) and (iii) shall not apply to loans made prior to June 1, 1992, to an owner or operator exempt from taxation under § 501 (c) (3) of the Internal Revenue Code.6\n\nNo funds shall be paid for penalties, charges or fines imposed pursuant to any applicable local, state or federal law.7\n\nNo funds shall be paid for containment and cleanup costs that are reimbursed or are reimbursable from other applicable state or federal programs.8\n\nNo funds shall be paid if the operator of the facility has not complied with applicable statutes or regulations governing reporting, prevention, containment and cleanup of a discharge of oil.9\n\nNo funds shall be paid if the owner or operator of an underground storage tank or the operator of an aboveground storage tank facility fails to report a release of petroleum or a discharge of oil to the Board as required by applicable statutes, laws or regulations.10\n\nNo funds shall be paid from the Fund unless a reimbursement claim has been filed with the Board within two years from the date the Board issues a site remediation closure letter for that release or July 1, 2000, whichever date is later.11\n\nThe Fund balance shall be maintained at a level sufficient to ensure that the Fund can serve as a financial responsibility demonstration mechanism for the owners and operators of underground storage tanks. Any disbursements made by the Board pursuant to subdivision 2 of this subsection may be temporarily reduced or delayed, in whole or in part, if such action is necessary, in the judgment of the Board, to maintain the Fund balance.B\n\nThe Board shall seek recovery of moneys expended from the Fund for corrective action under this section where the owner or operator of an underground storage tank has violated substantive environmental protection rules and regulations pertaining to underground storage tanks which have been promulgated by the Board.C\n\nFor costs incurred for corrective action as authorized in subdivision A 2 e of this section, the Board shall seek recovery of moneys from the owner or operator of an underground storage tank up to the minimum financial responsibility requirement imposed on the owner or operator in subsection B of § 62.1-44.34:12 if any, or seek recovery of such costs incurred from any available federal government funds.D\n\nFor costs incurred for corrective action taken resulting from a release from underground storage tanks specified in subdivision A 2 f of this section, the Board shall seek recovery of moneys from the owner or operator up to the minimum financial responsibility requirement imposed on the owner or operator in subsection B of § 62.1-44.34:12 if any, or seek recovery of such costs incurred from any available federal government funds.E\n\nThe Board shall seek recovery of moneys expended from the Fund for costs incurred for corrective action as authorized in subdivision A 2 g of this section or seek recovery of such costs incurred from any available federal government funds. However, the Board shall not seek recovery of moneys expended from the Fund for costs of corrective action in excess of $500 from the owner or operator of an underground tank exempted in subdivisions 1 and 2 of the definition of underground storage tank in § 62.1-44.34:10 and aboveground storage tanks with a capacity of 5,000 gallons or less used for storing heating oil for consumption on the premises where stored.F\n\nThe Board shall have the right of subrogation for moneys expended from the Fund as compensation for personal injury, death or property damage against any person who is liable for such injury, death or damage.G\n\nThe Board shall promptly initiate an action to recover all costs and expenses incurred by the Commonwealth for investigation, containment and cleanup of a discharge of oil or threat of discharge against any person liable for a discharge of oil as specified in Article 11 (§ 62.1-44.34:14 et seq.) of Chapter 3.1 of this title; however, the Board shall seek recovery from an operator of expenditures from the Fund only in the amount by which such expenditures exceed the amount authorized to be disbursed to the operator under subdivisions A 2 through A 8 of this section.","order_by":null,"text":{"0":{"id":271021,"text":"The Virginia Petroleum Storage Tank Fund is hereby established as a nonlapsing revolving fund to be used by the Board for (i) administering the state regulatory programs authorized by Articles 9, 10 and 11 (\u00a7 62.1-44.34:8 et seq.) of this chapter, (ii) demonstrating financial responsibility, and (iii) other purposes as provided for by applicable provisions of state and federal law. All expenses, costs, civil penalties, charges and judgments recovered by or on behalf of the Board pursuant to Articles 9, 10 and 11 of this chapter, and all moneys received as reimbursement in accordance with applicable provisions of federal law and all fees collected pursuant to \u00a7\u00a7 62.1-44.34:19.1 and 62.1-44.34:21, shall be deposited into the Fund. Interest earned on the Fund shall be credited to the Fund. No moneys shall be credited to the balance in the Fund until they have been received by the Fund. The Fund shall be established on the books of the Comptroller and any funds remaining in such Fund at the end of the biennium shall not revert to the general fund but shall remain in the Fund.\n\t\t\tThe Fund shall be administered by the Board consistent with the provisions of Subtitle I of the federal Solid Waste Disposal Act (P.L. 98-616, \u00a7 9001 et seq.) and any approved state underground storage tank program and in accordance with the following provisions:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":271022,"text":"The Fund shall be maintained in a separate account. An accounting of moneys received and disbursed shall be kept, and furnished upon request to the Governor or the General Assembly.","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":271023,"text":"Disbursements from the Fund may be made only for the following purposes:\n\t\t\t\ta. Reasonable and necessary per occurrence costs incurred for releases reported after December 22, 1989, by the owner or operator who is the responsible person, in taking corrective action for any release of petroleum into the environment from an underground storage tank which are in excess of the per occurrence financial responsibility requirement imposed in subsection B of § 62.1-44.34:12, up to $1 million.\n\t\t\t\tb. Reasonable and necessary per occurrence costs incurred for releases reported after December 22, 1989, by the owner or operator who is the responsible person for compensating third parties, including payment of judgments for bodily injury and property damage caused by the release of petroleum into the environment from an underground storage tank, which are in excess of the per occurrence financial responsibility requirement imposed by subsection B of § 62.1-44.34:12, up to $1 million. The reasonableness and necessity of costs shall be determined based upon documented or actual damage, loss in value, and other relevant factors. Disbursements for third party claims shall be subordinate to disbursements for the corrective action costs in subdivision A 2 a of this section. Compensation for bodily injury and property damage shall be paid only in accordance with final court orders in cases which have been tried to final judgment no longer (i) subject to appeal, (ii) in accordance with final arbitration awards not subject to appeal, or (iii) where the Board approved the settlement of claim between the owner or operator and the third-party prior to execution by the parties.\n\t\t\t\tc. Reasonable and necessary per occurrence costs incurred by an operator whose net annual profits from all facilities do not exceed $10 million for containment and cleanup of a release from a facility of a product subject to § 62.1-44.34:13 as follows: (i) for an operator of a facility with a storage capacity less than 25,000 gallons, per occurrence costs in excess of $2,500 up to $1 million; (ii) for an operator of a facility with a storage capacity from 25,000 gallons to 100,000 gallons, per occurrence costs in excess of $5,000 up to $1 million; (iii) for an operator of a facility with a storage capacity from 100,000 gallons to four million gallons, per occurrence costs in excess of $.05 per gallon of aboveground storage capacity up to $1 million; and (iv) for an operator of a facility with a storage capacity greater than four million gallons, per occurrence costs in excess of $200,000 up to $1 million. For purposes of this subdivision (2 c), the per occurrence financial responsibility requirements for an operator shall be based on the total storage capacity for the facility from which the discharge occurs.\n\t\t\t\td. Reasonable and necessary per occurrence costs incurred by an operator whose net annual profits from all facilities exceed $10 million for containment and cleanup of a release from a facility of a product subject to § 62.1-44.34:13 as follows: (i) for an operator of a facility with a storage capacity less than four million gallons, per occurrence costs in excess of $200,000 up to $1 million; (ii) for an operator of a facility with a storage capacity from four million gallons to 20 million gallons, per occurrence costs in excess of $.05 per gallon of aboveground storage capacity up to $1 million; and (iii) an operator of a facility with a storage capacity greater than 20 million gallons shall have no access to the Fund. For purposes of this subdivision, the per occurrence financial responsibility requirements for an operator shall be based on the total storage capacity for all facilities located within the Commonwealth.\n\t\t\t\te. Costs incurred by the Board in taking immediate corrective action to contain or mitigate the effects of any release of petroleum into the environment from an underground storage tank or from underground storage tanks exempted in subdivisions 1 and 2 of the definition of underground storage tank in § 62.1-44.34:10, if such action is necessary, in the judgment of the Board, to protect human health and the environment.\n\t\t\t\tf. Costs of corrective action up to $1 million for any release of petroleum into the environment from underground storage tanks or from underground storage tanks exempted in subdivisions 1 and 2 of the definition of underground storage tank in § 62.1-44.34:10 (i) whose owner or operator cannot be determined by the Board within 90 days; or (ii) whose owner or operator is incapable, in the judgment of the Board, of carrying out such corrective action properly.\n\t\t\t\tg. Costs of corrective action incurred by the Board for any release of petroleum into the environment from underground storage tanks which are otherwise specifically listed in exemptions 1 through 9 of the definition of an underground storage tank in § 62.1-44.34:10.\n\t\t\t\th. Reasonable and necessary per occurrence costs of corrective action incurred for releases reported after December 22, 1989, by the owner or operator in excess of $500 up to $1 million for any release of petroleum into the environment from an underground storage tank exempted in subdivisions 1 and 2 of the definition of an underground storage tank in § 62.1-44.34:10 and aboveground storage tanks with a capacity of 5,000 gallons or less used for storing heating oil for consumption on the premises where stored.\n\t\t\t\ti. The “cost share” of corrective action with respect to any release of petroleum into the environment from underground storage tanks undertaken under a cooperative agreement with the Administrator of the United States Environmental Protection Agency, as determined by the Administrator of the United States Environmental Protection Agency in accordance with the provisions of § 9003 (h) (7) (B) of the United States Public Law 98-616 (as amended in 1986 by United States Public Law 99-662).\n\t\t\t\tj. Administrative costs incurred by the Board in carrying out the provisions of regulatory programs authorized by Articles 9, 10, and 11 (§ 62.1-44.34:8 et seq.) of this chapter.\n\t\t\t\tk. All costs and expenses, including but not limited to personnel, administrative, and equipment costs and expenses, directly incurred by the Board or by any other state agency acting at the direction of the Board, in and for the abatement, containment, removal and disposal of oil pursuant to Article 11 (§ 62.1-44.34:14 et seq.) of Chapter 3.1 of this title.\n\t\t\t\tl. Procurement, maintenance and replenishment of materials, equipment and supplies, in such quantities and at such locations as the Board may deem necessary, for the abatement, containment, removal and disposal of oil pursuant to Article 11 (§ 62.1-44.34:14 et seq.) of Chapter 3.1 of this title.\n\t\t\t\tm. Costs and expenses, incurred by the Board or by any other state agency, acting at the direction of the Board, for the protection, cleanup and rehabilitation of waterfowl, wildlife, shellfish beds and other natural resources, damaged or threatened by the discharge of oil, owned by the Commonwealth or held in trust by the Commonwealth for the benefit of its citizens.\n\t\t\t\tn. Refund of cash deposits held in escrow pursuant to Article 11 (§ 62.1-44.34:14 et seq.) of Chapter 3.1 of this title and reasonable interest thereon, and refunds of fees collected pursuant to § 62.1-44.34:21 as authorized by this chapter.\n\t\t\t\to. Administrative costs incurred by the Department of Motor Vehicles in the collection of fees specified in § 62.1-44.34:13.\n\t\t\t\tp. Reasonable and necessary costs incurred by the Virginia Department of Transportation in taking corrective action on property acquired for transportation purposes. If the costs of taking corrective action are recovered, in whole or in part, from any responsible party, the recovery shall be deposited to the Fund.\n\t\t\t\tq. Reasonable and necessary per occurrence costs for releases reported after December 22, 1989, in taking corrective action for any release of petroleum into the environment from an underground storage tank, which are in excess of $5,000 up to $1 million, by any person who, without participating in the management of an underground storage tank or being otherwise engaged in petroleum production, refining, and marketing, holds indicia of ownership primarily to protect the holder’s security interest in the tank.","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":271024,"text":"No funds shall be paid for reimbursement of costs incurred for corrective action taken prior to December 22, 1989, by an owner or operator of an underground storage tank, or an owner of an underground storage tank exempted in subdivisions 1 and 2 of the definition of an underground storage tank in § 62.1-44.34:10, or an owner of an aboveground storage tank with a capacity of 5,000 gallons or less used for storing heating oil for consumption on the premises where stored.","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"A4"},"4":{"id":271025,"text":"No funds shall be paid for reimbursement of costs incurred prior to January 1, 1992, by an operator of a facility for containment and cleanup of a release from a facility of a product subject to § 62.1-44.34:13.","type":"section","prefixes":["A","4"],"prefix":"4","entire_prefix":"A4","prefix_anchor":"A4","level":2,"prior_prefix":"A3","next_prefix":"A5"},"5":{"id":271026,"text":"No funds shall be paid for reimbursement of moneys expended for payment of interest or other finance charges on loans which were used for corrective action or containment and cleanup of a release by a person in subdivisions A 3 or A 4 of this section, except for an owner or operator which is exempt from taxation under § 501 (c) (3) of the Internal Revenue Code, provided that: (i) the loan moneys have been paid for corrective action that was pre-approved by the Board, (ii) any and all disbursements received from the Fund shall be paid against the loan or for interest and points, and (iii) the payment of interest and points under this subdivision shall be limited to five years from the date the release is reported to the Board. The Board may extend the period for payment of interest and points if, in the judgment of the Board, such action is necessary. The restrictions imposed in clauses (i), (ii) and (iii) shall not apply to loans made prior to June 1, 1992, to an owner or operator exempt from taxation under § 501 (c) (3) of the Internal Revenue Code.","type":"section","prefixes":["A","5"],"prefix":"5","entire_prefix":"A5","prefix_anchor":"A5","level":2,"prior_prefix":"A4","next_prefix":"A6"},"6":{"id":271027,"text":"No funds shall be paid for penalties, charges or fines imposed pursuant to any applicable local, state or federal law.","type":"section","prefixes":["A","6"],"prefix":"6","entire_prefix":"A6","prefix_anchor":"A6","level":2,"prior_prefix":"A5","next_prefix":"A7"},"7":{"id":271028,"text":"No funds shall be paid for containment and cleanup costs that are reimbursed or are reimbursable from other applicable state or federal programs.","type":"section","prefixes":["A","7"],"prefix":"7","entire_prefix":"A7","prefix_anchor":"A7","level":2,"prior_prefix":"A6","next_prefix":"A8"},"8":{"id":271029,"text":"No funds shall be paid if the operator of the facility has not complied with applicable statutes or regulations governing reporting, prevention, containment and cleanup of a discharge of oil.","type":"section","prefixes":["A","8"],"prefix":"8","entire_prefix":"A8","prefix_anchor":"A8","level":2,"prior_prefix":"A7","next_prefix":"A9"},"9":{"id":271030,"text":"No funds shall be paid if the owner or operator of an underground storage tank or the operator of an aboveground storage tank facility fails to report a release of petroleum or a discharge of oil to the Board as required by applicable statutes, laws or regulations.","type":"section","prefixes":["A","9"],"prefix":"9","entire_prefix":"A9","prefix_anchor":"A9","level":2,"prior_prefix":"A8","next_prefix":"A10"},"10":{"id":271031,"text":"No funds shall be paid from the Fund unless a reimbursement claim has been filed with the Board within two years from the date the Board issues a site remediation closure letter for that release or July 1, 2000, whichever date is later.","type":"section","prefixes":["A","10"],"prefix":"10","entire_prefix":"A10","prefix_anchor":"A10","level":2,"prior_prefix":"A9","next_prefix":"A11"},"11":{"id":271032,"text":"The Fund balance shall be maintained at a level sufficient to ensure that the Fund can serve as a financial responsibility demonstration mechanism for the owners and operators of underground storage tanks. Any disbursements made by the Board pursuant to subdivision 2 of this subsection may be temporarily reduced or delayed, in whole or in part, if such action is necessary, in the judgment of the Board, to maintain the Fund balance.","type":"section","prefixes":["A","11"],"prefix":"11","entire_prefix":"A11","prefix_anchor":"A11","level":2,"prior_prefix":"A10","next_prefix":"B"},"12":{"id":271033,"text":"The Board shall seek recovery of moneys expended from the Fund for corrective action under this section where the owner or operator of an underground storage tank has violated substantive environmental protection rules and regulations pertaining to underground storage tanks which have been promulgated by the Board.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A11","next_prefix":"C"},"13":{"id":271034,"text":"For costs incurred for corrective action as authorized in subdivision A 2 e of this section, the Board shall seek recovery of moneys from the owner or operator of an underground storage tank up to the minimum financial responsibility requirement imposed on the owner or operator in subsection B of § 62.1-44.34:12 if any, or seek recovery of such costs incurred from any available federal government funds.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"14":{"id":271035,"text":"For costs incurred for corrective action taken resulting from a release from underground storage tanks specified in subdivision A 2 f of this section, the Board shall seek recovery of moneys from the owner or operator up to the minimum financial responsibility requirement imposed on the owner or operator in subsection B of § 62.1-44.34:12 if any, or seek recovery of such costs incurred from any available federal government funds.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"15":{"id":271036,"text":"The Board shall seek recovery of moneys expended from the Fund for costs incurred for corrective action as authorized in subdivision A 2 g of this section or seek recovery of such costs incurred from any available federal government funds. However, the Board shall not seek recovery of moneys expended from the Fund for costs of corrective action in excess of $500 from the owner or operator of an underground tank exempted in subdivisions 1 and 2 of the definition of underground storage tank in § 62.1-44.34:10 and aboveground storage tanks with a capacity of 5,000 gallons or less used for storing heating oil for consumption on the premises where stored.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"16":{"id":271037,"text":"The Board shall have the right of subrogation for moneys expended from the Fund as compensation for personal injury, death or property damage against any person who is liable for such injury, death or damage.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"17":{"id":271038,"text":"The Board shall promptly initiate an action to recover all costs and expenses incurred by the Commonwealth for investigation, containment and cleanup of a discharge of oil or threat of discharge against any person liable for a discharge of oil as specified in Article 11 (§ 62.1-44.34:14 et seq.) of Chapter 3.1 of this title; however, the Board shall seek recovery from an operator of expenditures from the Fund only in the amount by which such expenditures exceed the amount authorized to be disbursed to the operator under subdivisions A 2 through A 8 of this section.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F"}},"ancestry":[{"id":16586,"edition_id":1,"name":"Petroleum Storage Tank Fund","identifier":"10","label":"article","depth":3,"order_by":1,"parent_id":13014,"metadata":{},"date_created":"2026-06-26 04:25:39","date_modified":"2026-06-26 04:25:39","permalink":{"id":269201,"object_type":"structure","relational_id":16586,"identifier":"10","token":"62.1\/3.1\/10","url":"\/62.1\/3.1\/10\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13014,"edition_id":1,"name":"State Water Control Law","identifier":"3.1","label":"chapter","depth":2,"order_by":1,"parent_id":12909,"metadata":{},"date_created":"2026-06-26 03:44:08","date_modified":"2026-06-26 03:44:08","permalink":{"id":269169,"object_type":"structure","relational_id":13014,"identifier":"3.1","token":"62.1\/3.1","url":"\/62.1\/3.1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12909,"edition_id":1,"name":"Waters of the State, Ports and Harbors","identifier":"62.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:44:00","date_modified":"2026-06-26 03:44:00","permalink":{"id":268199,"object_type":"structure","relational_id":12909,"identifier":"62.1","token":"62.1","url":"\/62.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":81622,"structure_id":16586,"section_number":"62.1-44.34:10","catch_line":"Definitions","url":"\/62.1-44.34_10\/","token":"62.1\/3.1\/10\/62.1-44.34_10","metadata":false},{"id":75515,"structure_id":16586,"section_number":"62.1-44.34:11","catch_line":"Virginia Petroleum Storage Tank Fund","url":"\/62.1-44.34_11\/","token":"62.1\/3.1\/10\/62.1-44.34_11","metadata":false},{"id":76424,"structure_id":16586,"section_number":"62.1-44.34:12","catch_line":"Financial responsibility","url":"\/62.1-44.34_12\/","token":"62.1\/3.1\/10\/62.1-44.34_12","metadata":false},{"id":71863,"structure_id":16586,"section_number":"62.1-44.34:13","catch_line":"Levy of fee for Fund maintenance","url":"\/62.1-44.34_13\/","token":"62.1\/3.1\/10\/62.1-44.34_13","metadata":false}],"previous_section":{"id":81622,"structure_id":16586,"section_number":"62.1-44.34:10","catch_line":"Definitions","url":"\/62.1-44.34_10\/","token":"62.1\/3.1\/10\/62.1-44.34_10","metadata":false},"next_section":{"id":76424,"structure_id":16586,"section_number":"62.1-44.34:12","catch_line":"Financial responsibility","url":"\/62.1-44.34_12\/","token":"62.1\/3.1\/10\/62.1-44.34_12","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/62.1-44.34:11\/","history_text":"

This law was first created in 1987. The record of its establishment is cataloged in chapter 677 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1987 \u201cActs\u201d aren\u2019t available online. It has been modified 8 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1989, chapters 430 and 627; in 1990, chapters 580, 581, 582, and 917; in 1992, chapters 456 and 819; in 1993, chapters 20 and 375; in 1994, chapters 196<\/a> and 535<\/a>; in 1996, chapters 737<\/a> and 979<\/a>; in 1998, chapter 87<\/a>; in 2004, chapter 485<\/a>.<\/p>","references":[{"id":73108,"section_number":"10.1-2500","catch_line":"Virginia Environmental Emergency Response Fund established","order_by":null,"url":"\/10.1-2500\/"},{"id":56006,"section_number":"62.1-44.15","catch_line":"Powers and duties; civil penalties","order_by":null,"url":"\/62.1-44.15\/"},{"id":69301,"section_number":"62.1-44.34:20","catch_line":"Enforcement and penalties","order_by":null,"url":"\/62.1-44.34_20\/"},{"id":62645,"section_number":"62.1-44.34:9","catch_line":"Powers and duties of Board","order_by":null,"url":"\/62.1-44.34_9\/"}],"refers_to":[{"id":81622,"section_number":"62.1-44.34:10","catch_line":"Definitions","order_by":null,"url":"\/62.1-44.34_10\/"},{"id":76424,"section_number":"62.1-44.34:12","catch_line":"Financial responsibility","order_by":null,"url":"\/62.1-44.34_12\/"},{"id":71863,"section_number":"62.1-44.34:13","catch_line":"Levy of fee for Fund maintenance","order_by":null,"url":"\/62.1-44.34_13\/"},{"id":82013,"section_number":"62.1-44.34:14","catch_line":"Definitions","order_by":null,"url":"\/62.1-44.34_14\/"},{"id":56968,"section_number":"62.1-44.34:19.1","catch_line":"Registration of aboveground storage tanks","order_by":null,"url":"\/62.1-44.34_19.1\/"},{"id":60531,"section_number":"62.1-44.34:21","catch_line":"Administrative fees","order_by":null,"url":"\/62.1-44.34_21\/"},{"id":59286,"section_number":"62.1-44.34:8","catch_line":"Definitions","order_by":null,"url":"\/62.1-44.34_8\/"}],"permalink":{"id":269207,"object_type":"law","relational_id":75515,"identifier":"62.1-44.34:11","token":"62.1\/3.1\/10\/62.1-44.34_11","url":"\/62.1-44.34_11\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/62.1-44.34_11\/","token":"62.1\/3.1\/10\/62.1-44.34_11","dublin_core":{"Title":"Virginia Petroleum Storage Tank Fund","Type":"Text","Format":"text\/html","Identifier":"\u00a7 62.1-44.34:11","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The Virginia Petroleum Storage Tank Fund<\/span> is hereby established as a nonlapsing revolving fund<\/span> to be used by the Board<\/span> for (i) administering the state regulatory programs authorized by Articles 9, 10 and 11 (\u00a7 62.1-44.34:8<\/a> et seq.) of this chapter, (ii) demonstrating financial responsibility, and (iii) other purposes as provided for by applicable provisions of state and federal law<\/span>. All expenses, costs, civil penalties, charges and judgments<\/span> recovered by or on behalf of the Board<\/span> pursuant to Articles 9, 10 and 11 of this chapter, and all moneys received as reimbursement in accordance with applicable provisions of federal law<\/span> and all fees collected pursuant to \u00a7\u00a7 62.1-44.34:19.1<\/a> and 62.1-44.34:21<\/a>, shall be deposited into the Fund<\/span>. Interest earned on the Fund<\/span> shall be credited to the Fund<\/span>. No moneys shall be credited to the balance in the Fund<\/span> until they have been received by the Fund<\/span>. The Fund<\/span> shall be established on the books of the Comptroller and any funds<\/span> remaining in such Fund<\/span> at the end of the biennium shall not revert to the general fund<\/span> but shall remain in the Fund<\/span>.\n\t\t\tThe Fund<\/span> shall be administered by the Board<\/span> consistent with the provisions of Subtitle I of the federal Solid Waste Disposal Act (P.L. 98-616, \u00a7 9001 et seq.) and any approved state underground storage tank<\/span> program and in accordance with the following provisions: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The Fund<\/span> shall be maintained in a separate account. An accounting of moneys received and disbursed shall be kept, and furnished upon request to the Governor or the General Assembly. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Disbursements from the Fund<\/span> may be made only for the following purposes:\n\t\t\t\ta. Reasonable and necessary per occurrence costs incurred for releases<\/span> reported after December 22, 1989, by the owner<\/span> or operator who is the responsible person<\/span>, in taking corrective action for any release<\/span> of petroleum into the environment from an underground storage tank<\/span> which are in excess of the per occurrence financial responsibility requirement imposed in subsection B of § 62.1-44.34:12<\/a>, up to $1 million.\n\t\t\t\tb. Reasonable and necessary per occurrence costs incurred for releases<\/span> reported after December 22, 1989, by the owner<\/span> or operator who is the responsible person<\/span> for compensating third parties, including payment of judgments<\/span> for bodily injury and property damage caused by the release<\/span> of petroleum into the environment from an underground storage tank<\/span>, which are in excess of the per occurrence financial responsibility requirement imposed by subsection B of § 62.1-44.34:12<\/a>, up to $1 million. The reasonableness and necessity of costs shall be determined based upon documented or actual damage, loss in value, and other relevant factors. Disbursements for third party<\/span> claims shall be subordinate to disbursements for the corrective action costs in subdivision A 2 a of this section. Compensation for bodily injury and property damage shall be paid only in accordance with final court orders<\/span> in cases which have been tried to final judgment<\/span> no longer (i) subject to appeal<\/span>, (ii) in accordance with final arbitration awards not subject to appeal<\/span>, or (iii) where the Board<\/span> approved the settlement<\/span> of claim between the owner<\/span> or operator and the third-party<\/span> prior to execution by the parties.\n\t\t\t\tc. Reasonable and necessary per occurrence costs incurred by an operator whose net annual profits from all facilities do not exceed $10 million for containment and cleanup of a release<\/span> from a facility of a product subject to § 62.1-44.34:13<\/a> as follows: (i) for an operator of a facility<\/span> with a storage capacity less than 25,000 gallons, per occurrence costs in excess of $2,500 up to $1 million; (ii) for an operator of a facility<\/span> with a storage capacity from 25,000 gallons to 100,000 gallons, per occurrence costs in excess of $5,000 up to $1 million; (iii) for an operator of a facility<\/span> with a storage capacity from 100,000 gallons to four million gallons, per occurrence costs in excess of $.05 per gallon of aboveground storage capacity up to $1 million; and (iv) for an operator of a facility<\/span> with a storage capacity greater than four million gallons, per occurrence costs in excess of $200,000 up to $1 million. For purposes of this subdivision (2 c), the per occurrence financial responsibility requirements for an operator shall be based on the total storage capacity for the facility from which the discharge occurs.\n\t\t\t\td. Reasonable and necessary per occurrence costs incurred by an operator whose net annual profits from all facilities exceed $10 million for containment and cleanup of a release<\/span> from a facility of a product subject to § 62.1-44.34:13<\/a> as follows: (i) for an operator of a facility<\/span> with a storage capacity less than four million gallons, per occurrence costs in excess of $200,000 up to $1 million; (ii) for an operator of a facility<\/span> with a storage capacity from four million gallons to 20 million gallons, per occurrence costs in excess of $.05 per gallon of aboveground storage capacity up to $1 million; and (iii) an operator of a facility<\/span> with a storage capacity greater than 20 million gallons shall have no access to the Fund<\/span>. For purposes of this subdivision, the per occurrence financial responsibility requirements for an operator shall be based on the total storage capacity for all facilities located within the Commonwealth.\n\t\t\t\te. Costs incurred by the Board<\/span> in taking immediate corrective action to contain or mitigate the effects of any release<\/span> of petroleum into the environment from an underground storage tank<\/span> or from underground storage tanks<\/span> exempted in subdivisions 1 and 2 of the definition of underground storage tank<\/span> in § 62.1-44.34:10<\/a>, if such action is necessary, in the judgment<\/span> of the Board<\/span>, to protect human health and the environment.\n\t\t\t\tf. Costs of corrective action up to $1 million for any release<\/span> of petroleum into the environment from underground storage tanks<\/span> or from underground storage tanks<\/span> exempted in subdivisions 1 and 2 of the definition of underground storage tank<\/span> in § 62.1-44.34:10<\/a> (i) whose owner<\/span> or operator cannot be determined by the Board<\/span> within 90 days; or (ii) whose owner<\/span> or operator is incapable, in the judgment<\/span> of the Board<\/span>, of carrying out such corrective action properly.\n\t\t\t\tg. Costs of corrective action incurred by the Board<\/span> for any release<\/span> of petroleum into the environment from underground storage tanks<\/span> which are otherwise specifically listed in exemptions 1 through 9 of the definition of an underground storage tank<\/span> in § 62.1-44.34:10<\/a>.\n\t\t\t\th. Reasonable and necessary per occurrence costs of corrective action incurred for releases<\/span> reported after December 22, 1989, by the owner<\/span> or operator in excess of $500 up to $1 million for any release<\/span> of petroleum into the environment from an underground storage tank<\/span> exempted in subdivisions 1 and 2 of the definition of an underground storage tank<\/span> in § 62.1-44.34:10<\/a> and aboveground storage tanks<\/span> with a capacity of 5,000 gallons or less used for storing heating oil<\/span> for consumption on the premises where stored.\n\t\t\t\ti. The “cost share” of corrective action with respect to any release<\/span> of petroleum into the environment from underground storage tanks<\/span> undertaken under a cooperative agreement with the Administrator of the United States Environmental Protection Agency, as determined by the Administrator of the United States Environmental Protection Agency in accordance with the provisions of § 9003 (h) (7) (B) of the United States Public Law<\/span> 98-616 (as amended in 1986 by United States Public Law<\/span> 99-662).\n\t\t\t\tj. Administrative costs incurred by the Board<\/span> in carrying out the provisions of regulatory programs authorized by Articles 9, 10, and 11 (§ 62.1-44.34:8<\/a> et seq.) of this chapter.\n\t\t\t\tk. All costs and expenses, including but not limited to personnel, administrative, and equipment costs and expenses, directly incurred by the Board<\/span> or by any other state agency acting at the direction of the Board<\/span>, in and for the abatement, containment, removal and disposal of oil<\/span> pursuant to Article 11 (§ 62.1-44.34:14<\/a> et seq.) of Chapter 3.1 of this title.\n\t\t\t\tl. Procurement, maintenance and replenishment of materials<\/span>, equipment and supplies, in such quantities and at such locations as the Board<\/span> may deem necessary, for the abatement, containment, removal and disposal of oil<\/span> pursuant to Article 11 (§ 62.1-44.34:14<\/a> et seq.) of Chapter 3.1 of this title.\n\t\t\t\tm. Costs and expenses, incurred by the Board<\/span> or by any other state agency, acting at the direction of the Board<\/span>, for the protection, cleanup and rehabilitation of waterfowl, wildlife, shellfish beds and other natural resources, damaged or threatened by the discharge of oil<\/span>, owned by the Commonwealth or held in trust by the Commonwealth for the benefit of its citizens.\n\t\t\t\tn. Refund of cash deposits held in escrow pursuant to Article 11 (§ 62.1-44.34:14<\/a> et seq.) of Chapter 3.1 of this title and reasonable interest thereon, and refunds of fees collected pursuant to § 62.1-44.34:21<\/a> as authorized by this chapter.\n\t\t\t\to. Administrative costs incurred by the Department<\/span> of Motor Vehicles in the collection of fees specified in § 62.1-44.34:13<\/a>.\n\t\t\t\tp. Reasonable and necessary costs incurred by the Virginia Department<\/span> of Transportation in taking corrective action on property acquired for transportation purposes. If the costs of taking corrective action are recovered, in whole or in part, from any responsible party<\/span>, the recovery shall be deposited to the Fund<\/span>.\n\t\t\t\tq. Reasonable and necessary per occurrence costs for releases<\/span> reported after December 22, 1989, in taking corrective action for any release<\/span> of petroleum into the environment from an underground storage tank<\/span>, which are in excess of $5,000 up to $1 million, by any person who, without participating in the management of an underground storage tank<\/span> or being otherwise engaged in petroleum production, refining, and marketing, holds indicia of ownership primarily to protect the holder’s security interest in the tank. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> No funds<\/span> shall be paid for reimbursement of costs incurred for corrective action taken prior to December 22, 1989, by an owner<\/span> or operator of an underground storage tank<\/span><\/span>, or an owner<\/span> of an underground storage tank<\/span> exempted in subdivisions 1 and 2 of the definition of an underground storage tank<\/span> in § 62.1-44.34:10<\/a>, or an owner<\/span> of an aboveground storage tank with a capacity of 5,000 gallons or less used for storing heating oil<\/span> for consumption on the premises where stored. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> No funds<\/span> shall be paid for reimbursement of costs incurred prior to January 1, 1992, by an operator of a facility<\/span> for containment and cleanup of a release<\/span> from a facility of a product subject to § 62.1-44.34:13<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> No funds<\/span> shall be paid for reimbursement of moneys expended for payment of interest or other finance charges on loans which were used for corrective action or containment and cleanup of a release<\/span> by a person in subdivisions A 3 or A 4 of this section, except for an owner<\/span> or operator which is exempt from taxation under § 501 (c) (3) of the Internal Revenue Code, provided that: (i) the loan moneys have been paid for corrective action that was pre-approved by the Board<\/span>, (ii) any and all disbursements received from the Fund<\/span> shall be paid against the loan or for interest and points, and (iii) the payment of interest and points under this subdivision shall be limited to five years from the date the release<\/span> is reported to the Board<\/span>. The Board<\/span> may extend the period for payment of interest and points if, in the judgment<\/span> of the Board<\/span>, such action is necessary. The restrictions imposed in clauses (i), (ii) and (iii) shall not apply to loans made prior to June 1, 1992, to an owner<\/span> or operator exempt from taxation under § 501 (c) (3) of the Internal Revenue Code. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> No funds<\/span> shall be paid for penalties, charges or fines imposed pursuant to any applicable local, state or federal law<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> No funds<\/span> shall be paid for containment and cleanup costs that are reimbursed or are reimbursable from other applicable state or federal programs. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

8.<\/span> No funds<\/span> shall be paid if the operator of the facility has not complied with applicable statutes<\/span> or regulations<\/span> governing reporting, prevention, containment and cleanup of a discharge of oil<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

9.<\/span> No funds<\/span> shall be paid if the owner<\/span> or operator of an underground storage tank<\/span><\/span> or the operator of an aboveground storage tank facility fails to report a release<\/span> of petroleum or a discharge of oil<\/span> to the Board<\/span> as required by applicable statutes<\/span>, laws<\/span> or regulations<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

10.<\/span> No funds<\/span> shall be paid from the Fund<\/span> unless a reimbursement claim has been filed with the Board<\/span> within two years from the date the Board<\/span> issues<\/span> a site remediation closure letter for that release<\/span> or July 1, 2000, whichever date is later. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

11.<\/span> The Fund<\/span> balance shall be maintained at a level sufficient to ensure that the Fund<\/span> can serve as a financial responsibility demonstration mechanism for the owners<\/span> and operators of underground storage tanks<\/span>. Any disbursements made by the Board<\/span> pursuant to subdivision 2 of this subsection may be temporarily reduced or delayed, in whole or in part, if such action is necessary, in the judgment<\/span> of the Board<\/span>, to maintain the Fund<\/span> balance. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The Board<\/span> shall seek recovery of moneys expended from the Fund<\/span> for corrective action under this section where the owner<\/span> or operator of an underground storage tank<\/span><\/span> has violated substantive environmental protection rules<\/span> and regulations<\/span> pertaining to underground storage tanks<\/span> which have been promulgated by the Board<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> For costs incurred for corrective action as authorized in subdivision A 2 e of this section, the Board<\/span> shall seek recovery of moneys from the owner<\/span> or operator of an underground storage tank<\/span><\/span> up to the minimum financial responsibility requirement imposed on the owner<\/span> or operator in subsection B of § 62.1-44.34:12<\/a> if any, or seek recovery of such costs incurred from any available federal government funds<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> For costs incurred for corrective action taken resulting from a release<\/span> from underground storage tanks<\/span> specified in subdivision A 2 f of this section, the Board<\/span> shall seek recovery of moneys from the owner<\/span> or operator up to the minimum financial responsibility requirement imposed on the owner<\/span> or operator in subsection B of § 62.1-44.34:12<\/a> if any, or seek recovery of such costs incurred from any available federal government funds<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> The Board<\/span> shall seek recovery of moneys expended from the Fund<\/span> for costs incurred for corrective action as authorized in subdivision A 2 g of this section or seek recovery of such costs incurred from any available federal government funds<\/span>. However, the Board<\/span> shall not seek recovery of moneys expended from the Fund<\/span> for costs of corrective action in excess of $500 from the owner<\/span> or operator of an underground tank exempted in subdivisions 1 and 2 of the definition of underground storage tank<\/span> in § 62.1-44.34:10<\/a> and aboveground storage tanks<\/span> with a capacity of 5,000 gallons or less used for storing heating oil<\/span> for consumption on the premises where stored. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> The Board<\/span> shall have the right of subrogation for moneys expended from the Fund<\/span> as compensation for personal injury, death or property damage against any person who is liable for such injury, death or damage. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> The Board<\/span> shall promptly initiate an action to recover all costs and expenses incurred by the Commonwealth for investigation, containment and cleanup of a discharge of oil<\/span> or threat of discharge against any person liable for a discharge of oil<\/span> as specified in Article 11 (§ 62.1-44.34:14<\/a> et seq.) of Chapter 3.1 of this title; however, the Board<\/span> shall seek recovery from an operator of expenditures from the Fund<\/span> only in the amount by which such expenditures exceed the amount authorized to be disbursed to the operator under subdivisions A 2 through A 8 of this section. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nVIRGINIA PETROLEUM STORAGE TANK FUND (\u00a7 62.1-44.34:11)\n\nA. The Virginia Petroleum Storage Tank Fund is hereby established as a\nnonlapsing revolving fund to be used by the Board for (i) administering the\nstate regulatory programs authorized by Articles 9, 10 and 11 (\u00a7 62.1-44.34:8\net seq.) of this chapter, (ii) demonstrating financial responsibility, and (iii)\nother purposes as provided for by applicable provisions of state and federal\nlaw. All expenses, costs, civil penalties, charges and judgments recovered by or\non behalf of the Board pursuant to Articles 9, 10 and 11 of this chapter, and\nall moneys received as reimbursement in accordance with applicable provisions of\nfederal law and all fees collected pursuant to \u00a7\u00a7 62.1-44.34:19.1 and\n62.1-44.34:21, shall be deposited into the Fund. Interest earned on the Fund\nshall be credited to the Fund. No moneys shall be credited to the balance in the\nFund until they have been received by the Fund. The Fund shall be established on\nthe books of the Comptroller and any funds remaining in such Fund at the end of\nthe biennium shall not revert to the general fund but shall remain in the Fund.\n\t\t\tThe Fund shall be administered by the Board consistent with the provisions of\nSubtitle I of the federal Solid Waste Disposal Act (P.L. 98-616, \u00a7 9001 et\nseq.) and any approved state underground storage tank program and in accordance\nwith the following provisions:\n\n 1. The Fund shall be maintained in a separate account. An accounting of moneys\n received and disbursed shall be kept, and furnished upon request to the\n Governor or the General Assembly.\n\n 2. Disbursements from the Fund may be made only for the following purposes:\n \t\t\t\ta. Reasonable and necessary per occurrence costs incurred for releases\n reported after December 22, 1989, by the owner or operator who is the\n responsible person, in taking corrective action for any release of petroleum\n into the environment from an underground storage tank which are in excess of\n the per occurrence financial responsibility requirement imposed in subsection\n B of § 62.1-44.34:12, up to $1 million.\n \t\t\t\tb. Reasonable and necessary per occurrence costs incurred for releases\n reported after December 22, 1989, by the owner or operator who is the\n responsible person for compensating third parties, including payment of\n judgments for bodily injury and property damage caused by the release of\n petroleum into the environment from an underground storage tank, which are in\n excess of the per occurrence financial responsibility requirement imposed by\n subsection B of § 62.1-44.34:12, up to $1 million. The reasonableness and\n necessity of costs shall be determined based upon documented or actual damage,\n loss in value, and other relevant factors. Disbursements for third party\n claims shall be subordinate to disbursements for the corrective action costs\n in subdivision A 2 a of this section. Compensation for bodily injury and\n property damage shall be paid only in accordance with final court orders in\n cases which have been tried to final judgment no longer (i) subject to appeal,\n (ii) in accordance with final arbitration awards not subject to appeal, or\n (iii) where the Board approved the settlement of claim between the owner or\n operator and the third-party prior to execution by the parties.\n \t\t\t\tc. Reasonable and necessary per occurrence costs incurred by an operator\n whose net annual profits from all facilities do not exceed $10 million for\n containment and cleanup of a release from a facility of a product subject to\n § 62.1-44.34:13 as follows: (i) for an operator of a facility with a\n storage capacity less than 25,000 gallons, per occurrence costs in excess of\n $2,500 up to $1 million; (ii) for an operator of a facility with a storage\n capacity from 25,000 gallons to 100,000 gallons, per occurrence costs in\n excess of $5,000 up to $1 million; (iii) for an operator of a facility with a\n storage capacity from 100,000 gallons to four million gallons, per occurrence\n costs in excess of $.05 per gallon of aboveground storage capacity up to $1\n million; and (iv) for an operator of a facility with a storage capacity\n greater than four million gallons, per occurrence costs in excess of $200,000\n up to $1 million. For purposes of this subdivision (2 c), the per occurrence\n financial responsibility requirements for an operator shall be based on the\n total storage capacity for the facility from which the discharge occurs.\n \t\t\t\td. Reasonable and necessary per occurrence costs incurred by an operator\n whose net annual profits from all facilities exceed $10 million for\n containment and cleanup of a release from a facility of a product subject to\n § 62.1-44.34:13 as follows: (i) for an operator of a facility with a\n storage capacity less than four million gallons, per occurrence costs in\n excess of $200,000 up to $1 million; (ii) for an operator of a facility with a\n storage capacity from four million gallons to 20 million gallons, per\n occurrence costs in excess of $.05 per gallon of aboveground storage capacity\n up to $1 million; and (iii) an operator of a facility with a storage capacity\n greater than 20 million gallons shall have no access to the Fund. For purposes\n of this subdivision, the per occurrence financial responsibility requirements\n for an operator shall be based on the total storage capacity for all\n facilities located within the Commonwealth.\n \t\t\t\te. Costs incurred by the Board in taking immediate corrective action to\n contain or mitigate the effects of any release of petroleum into the\n environment from an underground storage tank or from underground storage tanks\n exempted in subdivisions 1 and 2 of the definition of underground storage tank\n in § 62.1-44.34:10, if such action is necessary, in the judgment of the\n Board, to protect human health and the environment.\n \t\t\t\tf. Costs of corrective action up to $1 million for any release of\n petroleum into the environment from underground storage tanks or from\n underground storage tanks exempted in subdivisions 1 and 2 of the definition\n of underground storage tank in § 62.1-44.34:10 (i) whose owner or\n operator cannot be determined by the Board within 90 days; or (ii) whose owner\n or operator is incapable, in the judgment of the Board, of carrying out such\n corrective action properly.\n \t\t\t\tg. Costs of corrective action incurred by the Board for any release of\n petroleum into the environment from underground storage tanks which are\n otherwise specifically listed in exemptions 1 through 9 of the definition of\n an underground storage tank in § 62.1-44.34:10.\n \t\t\t\th. Reasonable and necessary per occurrence costs of corrective action\n incurred for releases reported after December 22, 1989, by the owner or\n operator in excess of $500 up to $1 million for any release of petroleum into\n the environment from an underground storage tank exempted in subdivisions 1\n and 2 of the definition of an underground storage tank in § 62.1-44.34:10\n and aboveground storage tanks with a capacity of 5,000 gallons or less used\n for storing heating oil for consumption on the premises where stored.\n \t\t\t\ti. The “cost share” of corrective action with respect to any\n release of petroleum into the environment from underground storage tanks\n undertaken under a cooperative agreement with the Administrator of the United\n States Environmental Protection Agency, as determined by the Administrator of\n the United States Environmental Protection Agency in accordance with the\n provisions of § 9003 (h) (7) (B) of the United States Public Law 98-616\n (as amended in 1986 by United States Public Law 99-662).\n \t\t\t\tj. Administrative costs incurred by the Board in carrying out the\n provisions of regulatory programs authorized by Articles 9, 10, and 11 (§\n 62.1-44.34:8 et seq.) of this chapter.\n \t\t\t\tk. All costs and expenses, including but not limited to personnel,\n administrative, and equipment costs and expenses, directly incurred by the\n Board or by any other state agency acting at the direction of the Board, in\n and for the abatement, containment, removal and disposal of oil pursuant to\n Article 11 (§ 62.1-44.34:14 et seq.) of Chapter 3.1 of this title.\n \t\t\t\tl. Procurement, maintenance and replenishment of materials, equipment and\n supplies, in such quantities and at such locations as the Board may deem\n necessary, for the abatement, containment, removal and disposal of oil\n pursuant to Article 11 (§ 62.1-44.34:14 et seq.) of Chapter 3.1 of this\n title.\n \t\t\t\tm. Costs and expenses, incurred by the Board or by any other state agency,\n acting at the direction of the Board, for the protection, cleanup and\n rehabilitation of waterfowl, wildlife, shellfish beds and other natural\n resources, damaged or threatened by the discharge of oil, owned by the\n Commonwealth or held in trust by the Commonwealth for the benefit of its\n citizens.\n \t\t\t\tn. Refund of cash deposits held in escrow pursuant to Article 11 (§\n 62.1-44.34:14 et seq.) of Chapter 3.1 of this title and reasonable interest\n thereon, and refunds of fees collected pursuant to § 62.1-44.34:21 as\n authorized by this chapter.\n \t\t\t\to. Administrative costs incurred by the Department of Motor Vehicles in\n the collection of fees specified in § 62.1-44.34:13.\n \t\t\t\tp. Reasonable and necessary costs incurred by the Virginia Department of\n Transportation in taking corrective action on property acquired for\n transportation purposes. If the costs of taking corrective action are\n recovered, in whole or in part, from any responsible party, the recovery shall\n be deposited to the Fund.\n \t\t\t\tq. Reasonable and necessary per occurrence costs for releases reported\n after December 22, 1989, in taking corrective action for any release of\n petroleum into the environment from an underground storage tank, which are in\n excess of $5,000 up to $1 million, by any person who, without participating in\n the management of an underground storage tank or being otherwise engaged in\n petroleum production, refining, and marketing, holds indicia of ownership\n primarily to protect the holder’s security interest in the tank.\n\n 3. No funds shall be paid for reimbursement of costs incurred for corrective\n action taken prior to December 22, 1989, by an owner or operator of an\n underground storage tank, or an owner of an underground storage tank exempted\n in subdivisions 1 and 2 of the definition of an underground storage tank in\n § 62.1-44.34:10, or an owner of an aboveground storage tank with a\n capacity of 5,000 gallons or less used for storing heating oil for consumption\n on the premises where stored.\n\n 4. No funds shall be paid for reimbursement of costs incurred prior to January\n 1, 1992, by an operator of a facility for containment and cleanup of a release\n from a facility of a product subject to § 62.1-44.34:13.\n\n 5. No funds shall be paid for reimbursement of moneys expended for payment of\n interest or other finance charges on loans which were used for corrective\n action or containment and cleanup of a release by a person in subdivisions A 3\n or A 4 of this section, except for an owner or operator which is exempt from\n taxation under § 501 (c) (3) of the Internal Revenue Code, provided that:\n (i) the loan moneys have been paid for corrective action that was pre-approved\n by the Board, (ii) any and all disbursements received from the Fund shall be\n paid against the loan or for interest and points, and (iii) the payment of\n interest and points under this subdivision shall be limited to five years from\n the date the release is reported to the Board. The Board may extend the period\n for payment of interest and points if, in the judgment of the Board, such\n action is necessary. The restrictions imposed in clauses (i), (ii) and (iii)\n shall not apply to loans made prior to June 1, 1992, to an owner or operator\n exempt from taxation under § 501 (c) (3) of the Internal Revenue Code.\n\n 6. No funds shall be paid for penalties, charges or fines imposed pursuant to\n any applicable local, state or federal law.\n\n 7. No funds shall be paid for containment and cleanup costs that are\n reimbursed or are reimbursable from other applicable state or federal\n programs.\n\n 8. No funds shall be paid if the operator of the facility has not complied\n with applicable statutes or regulations governing reporting, prevention,\n containment and cleanup of a discharge of oil.\n\n 9. No funds shall be paid if the owner or operator of an underground storage\n tank or the operator of an aboveground storage tank facility fails to report a\n release of petroleum or a discharge of oil to the Board as required by\n applicable statutes, laws or regulations.\n\n 10. No funds shall be paid from the Fund unless a reimbursement claim has been\n filed with the Board within two years from the date the Board issues a site\n remediation closure letter for that release or July 1, 2000, whichever date is\n later.\n\n 11. The Fund balance shall be maintained at a level sufficient to ensure that\n the Fund can serve as a financial responsibility demonstration mechanism for\n the owners and operators of underground storage tanks. Any disbursements made\n by the Board pursuant to subdivision 2 of this subsection may be temporarily\n reduced or delayed, in whole or in part, if such action is necessary, in the\n judgment of the Board, to maintain the Fund balance.\n\nB. The Board shall seek recovery of moneys expended from the Fund for corrective\naction under this section where the owner or operator of an underground storage\ntank has violated substantive environmental protection rules and regulations\npertaining to underground storage tanks which have been promulgated by the\nBoard.\n\nC. For costs incurred for corrective action as authorized in subdivision A 2 e\nof this section, the Board shall seek recovery of moneys from the owner or\noperator of an underground storage tank up to the minimum financial\nresponsibility requirement imposed on the owner or operator in subsection B of\n§ 62.1-44.34:12 if any, or seek recovery of such costs incurred from any\navailable federal government funds.\n\nD. For costs incurred for corrective action taken resulting from a release from\nunderground storage tanks specified in subdivision A 2 f of this section, the\nBoard shall seek recovery of moneys from the owner or operator up to the minimum\nfinancial responsibility requirement imposed on the owner or operator in\nsubsection B of § 62.1-44.34:12 if any, or seek recovery of such costs\nincurred from any available federal government funds.\n\nE. The Board shall seek recovery of moneys expended from the Fund for costs\nincurred for corrective action as authorized in subdivision A 2 g of this\nsection or seek recovery of such costs incurred from any available federal\ngovernment funds. However, the Board shall not seek recovery of moneys expended\nfrom the Fund for costs of corrective action in excess of $500 from the owner or\noperator of an underground tank exempted in subdivisions 1 and 2 of the\ndefinition of underground storage tank in § 62.1-44.34:10 and aboveground\nstorage tanks with a capacity of 5,000 gallons or less used for storing heating\noil for consumption on the premises where stored.\n\nF. The Board shall have the right of subrogation for moneys expended from the\nFund as compensation for personal injury, death or property damage against any\nperson who is liable for such injury, death or damage.\n\nG. The Board shall promptly initiate an action to recover all costs and expenses\nincurred by the Commonwealth for investigation, containment and cleanup of a\ndischarge of oil or threat of discharge against any person liable for a\ndischarge of oil as specified in Article 11 (§ 62.1-44.34:14 et seq.) of\nChapter 3.1 of this title; however, the Board shall seek recovery from an\noperator of expenditures from the Fund only in the amount by which such\nexpenditures exceed the amount authorized to be disbursed to the operator under\nsubdivisions A 2 through A 8 of this section.\n\nHISTORY: 1987, c. 677; 1989, cc. 430, 627; 1990, cc. 580, 581, 582, 917; 1992,\ncc. 456, 819; 1993, cc. 20, 375; 1994, cc. 196, 535; 1996, cc. 737, 979; 1998,\nc. 87; 2004, c. 485.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}