{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/62.1-44.34_15.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/62.1-44.34_15.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/62.1-44.34_15.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/62.1-44.34_15.html"}],"law_id":76513,"edition_id":1,"section_id":76513,"structure_id":14927,"section_number":"62.1-44.34:15","catch_line":"Oil discharge contingency plans","history":"1990, c. 917; 2004, c. 276.","full_text":"A\n\nNo operator shall cause or permit the operation of a facility in the Commonwealth unless an oil discharge contingency plan applicable to the facility has been filed with and approved by the Board. No operator shall cause or permit a tank vessel to transport or transfer oil in state waters unless an oil discharge contingency plan applicable to the tank vessel has been filed with and approved by the Board or a vessel response plan applicable to the tank vessel and approved by the U.S. Coast Guard, pursuant to § 4202 of the federal Oil Pollution Act of 1990.B\n\nApplication for approval of an oil discharge contingency plan shall be made to the Board and shall be accompanied by plans, specifications, maps and such other relevant information as may be required, in scope and detail satisfactory to the Board. An oil discharge contingency plan must conform to the requirements and standards determined by the Board to be necessary to ensure that the applicant can take such steps as are necessary to protect environmentally sensitive areas, to respond to the threat of an oil discharge, and to contain, clean up and mitigate an oil discharge within the shortest feasible time. Each such plan shall provide for the use of the best available technology at the time the plan is submitted for approval. The applicant shall notify the Board immediately of any significant change in the operation or capacity of or the type of product dealt in, stored, handled, transported or transferred in or by any facility or vessel covered by the plan that will necessitate a change in the plan and shall update the plan periodically as required by the Board, but in no event more frequently than once every 36 months. The Board, on a finding of need, may require an oil discharge exercise designed to demonstrate the facility’s or vessel’s ability to implement its oil discharge contingency plan either before or after the plan is approved.C\n\nThe Board, after notice and opportunity for a conference pursuant to \u00a7 2.2-4019, may modify its approval of an oil discharge contingency plan if it determines that:1\n\nA change has occurred in the operation of any facility or vessel covered by the plan that necessitates an amended or supplemented plan;2\n\nThe facility’s or vessel’s discharge experience or its inability to implement its plan in an oil discharge exercise demonstrates a necessity for modification; or3\n\nThere has been a significant change in the best available technology since the plan was approved.D\n\nThe Board, after notice and opportunity for hearing, may revoke its approval of an oil discharge contingency plan if it determines that:1\n\nApproval was obtained by fraud or misrepresentation;2\n\nThe plan cannot be implemented as approved; or3\n\nA term or condition of approval has been violated.","order_by":null,"text":{"0":{"id":274667,"text":"No operator shall cause or permit the operation of a facility in the Commonwealth unless an oil discharge contingency plan applicable to the facility has been filed with and approved by the Board. No operator shall cause or permit a tank vessel to transport or transfer oil in state waters unless an oil discharge contingency plan applicable to the tank vessel has been filed with and approved by the Board or a vessel response plan applicable to the tank vessel and approved by the U.S. Coast Guard, pursuant to § 4202 of the federal Oil Pollution Act of 1990.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":274668,"text":"Application for approval of an oil discharge contingency plan shall be made to the Board and shall be accompanied by plans, specifications, maps and such other relevant information as may be required, in scope and detail satisfactory to the Board. An oil discharge contingency plan must conform to the requirements and standards determined by the Board to be necessary to ensure that the applicant can take such steps as are necessary to protect environmentally sensitive areas, to respond to the threat of an oil discharge, and to contain, clean up and mitigate an oil discharge within the shortest feasible time. Each such plan shall provide for the use of the best available technology at the time the plan is submitted for approval. The applicant shall notify the Board immediately of any significant change in the operation or capacity of or the type of product dealt in, stored, handled, transported or transferred in or by any facility or vessel covered by the plan that will necessitate a change in the plan and shall update the plan periodically as required by the Board, but in no event more frequently than once every 36 months. The Board, on a finding of need, may require an oil discharge exercise designed to demonstrate the facility’s or vessel’s ability to implement its oil discharge contingency plan either before or after the plan is approved.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":274669,"text":"The Board, after notice and opportunity for a conference pursuant to \u00a7 2.2-4019, may modify its approval of an oil discharge contingency plan if it determines that:","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"C1"},"3":{"id":274670,"text":"A change has occurred in the operation of any facility or vessel covered by the plan that necessitates an amended or supplemented plan;","type":"section","prefixes":["C","1"],"prefix":"1","entire_prefix":"C1","prefix_anchor":"C1","level":2,"prior_prefix":"C","next_prefix":"C2"},"4":{"id":274671,"text":"The facility’s or vessel’s discharge experience or its inability to implement its plan in an oil discharge exercise demonstrates a necessity for modification; or","type":"section","prefixes":["C","2"],"prefix":"2","entire_prefix":"C2","prefix_anchor":"C2","level":2,"prior_prefix":"C1","next_prefix":"C3"},"5":{"id":274672,"text":"There has been a significant change in the best available technology since the plan was approved.","type":"section","prefixes":["C","3"],"prefix":"3","entire_prefix":"C3","prefix_anchor":"C3","level":2,"prior_prefix":"C2","next_prefix":"D"},"6":{"id":274673,"text":"The Board, after notice and opportunity for hearing, may revoke its approval of an oil discharge contingency plan if it determines that:","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C3","next_prefix":"D1"},"7":{"id":274674,"text":"Approval was obtained by fraud or misrepresentation;","type":"section","prefixes":["D","1"],"prefix":"1","entire_prefix":"D1","prefix_anchor":"D1","level":2,"prior_prefix":"D","next_prefix":"D2"},"8":{"id":274675,"text":"The plan cannot be implemented as approved; or","type":"section","prefixes":["D","2"],"prefix":"2","entire_prefix":"D2","prefix_anchor":"D2","level":2,"prior_prefix":"D1","next_prefix":"D3"},"9":{"id":274676,"text":"A term or condition of approval has been violated.","type":"section","prefixes":["D","3"],"prefix":"3","entire_prefix":"D3","prefix_anchor":"D3","level":2,"prior_prefix":"D2"}},"ancestry":[{"id":14927,"edition_id":1,"name":"Discharge of Oil Into Waters","identifier":"11","label":"article","depth":3,"order_by":1,"parent_id":13014,"metadata":{},"date_created":"2026-06-26 03:50:50","date_modified":"2026-06-26 03:50:50","permalink":{"id":269219,"object_type":"structure","relational_id":14927,"identifier":"11","token":"62.1\/3.1\/11","url":"\/62.1\/3.1\/11\/","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":82013,"structure_id":14927,"section_number":"62.1-44.34:14","catch_line":"Definitions","url":"\/62.1-44.34_14\/","token":"62.1\/3.1\/11\/62.1-44.34_14","metadata":false},{"id":76513,"structure_id":14927,"section_number":"62.1-44.34:15","catch_line":"Oil discharge contingency plans","url":"\/62.1-44.34_15\/","token":"62.1\/3.1\/11\/62.1-44.34_15","metadata":false},{"id":78401,"structure_id":14927,"section_number":"62.1-44.34:15.1","catch_line":"Regulations for aboveground storage tanks","url":"\/62.1-44.34_15.1\/","token":"62.1\/3.1\/11\/62.1-44.34_15.1","metadata":false},{"id":62684,"structure_id":14927,"section_number":"62.1-44.34:16","catch_line":"Financial responsibility for vessels and facilities","url":"\/62.1-44.34_16\/","token":"62.1\/3.1\/11\/62.1-44.34_16","metadata":false},{"id":73860,"structure_id":14927,"section_number":"62.1-44.34:17","catch_line":"Exemptions","url":"\/62.1-44.34_17\/","token":"62.1\/3.1\/11\/62.1-44.34_17","metadata":false},{"id":76130,"structure_id":14927,"section_number":"62.1-44.34:18","catch_line":"Discharge of oil prohibited; liability for permitting discharge","url":"\/62.1-44.34_18\/","token":"62.1\/3.1\/11\/62.1-44.34_18","metadata":false},{"id":70352,"structure_id":14927,"section_number":"62.1-44.34:19","catch_line":"Reporting of discharge","url":"\/62.1-44.34_19\/","token":"62.1\/3.1\/11\/62.1-44.34_19","metadata":false},{"id":56968,"structure_id":14927,"section_number":"62.1-44.34:19.1","catch_line":"Registration of aboveground storage tanks","url":"\/62.1-44.34_19.1\/","token":"62.1\/3.1\/11\/62.1-44.34_19.1","metadata":false},{"id":71617,"structure_id":14927,"section_number":"62.1-44.34:19.2","catch_line":"Recordkeeping and access to records and facilities","url":"\/62.1-44.34_19.2\/","token":"62.1\/3.1\/11\/62.1-44.34_19.2","metadata":false},{"id":69301,"structure_id":14927,"section_number":"62.1-44.34:20","catch_line":"Enforcement and penalties","url":"\/62.1-44.34_20\/","token":"62.1\/3.1\/11\/62.1-44.34_20","metadata":false},{"id":60531,"structure_id":14927,"section_number":"62.1-44.34:21","catch_line":"Administrative fees","url":"\/62.1-44.34_21\/","token":"62.1\/3.1\/11\/62.1-44.34_21","metadata":false},{"id":72481,"structure_id":14927,"section_number":"62.1-44.34:22","catch_line":"Applicability of Administrative Process Act","url":"\/62.1-44.34_22\/","token":"62.1\/3.1\/11\/62.1-44.34_22","metadata":false},{"id":67138,"structure_id":14927,"section_number":"62.1-44.34:23","catch_line":"Exceptions","url":"\/62.1-44.34_23\/","token":"62.1\/3.1\/11\/62.1-44.34_23","metadata":false}],"previous_section":{"id":82013,"structure_id":14927,"section_number":"62.1-44.34:14","catch_line":"Definitions","url":"\/62.1-44.34_14\/","token":"62.1\/3.1\/11\/62.1-44.34_14","metadata":false},"next_section":{"id":78401,"structure_id":14927,"section_number":"62.1-44.34:15.1","catch_line":"Regulations for aboveground storage tanks","url":"\/62.1-44.34_15.1\/","token":"62.1\/3.1\/11\/62.1-44.34_15.1","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/62.1-44.34:15\/","history_text":"

This law was first created in 1990. The record of its establishment is cataloged in chapter 917 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 1990 \u201cActs\u201d aren\u2019t available online. It has been modified 1 time. 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. That modification is as follows: in 2004, chapter 276<\/a>.<\/p>","references":[{"id":76147,"section_number":"45.2-1646","catch_line":" Tidewater Virginia; drilling for gas or oil prohibited in certain areas","order_by":null,"url":"\/45.2-1646\/"},{"id":73860,"section_number":"62.1-44.34:17","catch_line":"Exemptions","order_by":null,"url":"\/62.1-44.34_17\/"},{"id":69301,"section_number":"62.1-44.34:20","catch_line":"Enforcement and penalties","order_by":null,"url":"\/62.1-44.34_20\/"},{"id":60531,"section_number":"62.1-44.34:21","catch_line":"Administrative fees","order_by":null,"url":"\/62.1-44.34_21\/"}],"refers_to":[{"id":85983,"section_number":"2.2-4019","catch_line":"Informal fact finding proceedings","order_by":null,"url":"\/2.2-4019\/"}],"permalink":{"id":269225,"object_type":"law","relational_id":76513,"identifier":"62.1-44.34:15","token":"62.1\/3.1\/11\/62.1-44.34_15","url":"\/62.1-44.34_15\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/62.1-44.34_15\/","token":"62.1\/3.1\/11\/62.1-44.34_15","dublin_core":{"Title":"Oil discharge contingency plans","Type":"Text","Format":"text\/html","Identifier":"\u00a7 62.1-44.34:15","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> No operator<\/span> shall cause or permit the operation of a facility<\/span> in the Commonwealth unless an oil<\/span> discharge<\/span> contingency plan applicable to the facility<\/span> has been filed with and approved by the Board<\/span>. No operator<\/span> shall cause or permit a tank vessel<\/span> to transport or transfer oil<\/span> in state waters<\/span> unless an oil<\/span> discharge<\/span> contingency plan applicable to the tank vessel<\/span> has been filed with and approved by the Board<\/span> or a vessel response plan applicable to the tank vessel<\/span> and approved by the U.S. Coast Guard, pursuant to § 4202 of the federal Oil<\/span> Pollution<\/span> Act of 1990. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Application for approval of an oil<\/span> discharge<\/span> contingency plan shall be made to the Board<\/span> and shall be accompanied by plans, specifications, maps and such other relevant information as may be required, in scope and detail satisfactory to the Board<\/span>. An oil<\/span> discharge<\/span> contingency plan must conform to the requirements and standards<\/span> determined by the Board<\/span> to be necessary to ensure that the applicant can take such steps as are necessary to protect environmentally sensitive areas, to respond to the threat of an oil<\/span> discharge<\/span>, and to contain, clean up and mitigate an oil<\/span> discharge<\/span> within the shortest feasible time. Each such plan shall provide for the use of the best available technology at the time the plan is submitted for approval. The applicant shall notify the Board<\/span> immediately of any significant change in the operation or capacity of or the type of product dealt in, stored, handled, transported or transferred in or by any facility<\/span> or vessel covered by the plan that will necessitate a change in the plan and shall update the plan periodically as required by the Board<\/span>, but in no event more frequently than once every 36 months. The Board<\/span>, on a finding<\/span> of need, may require an oil<\/span> discharge<\/span> exercise designed to demonstrate the facility<\/span>’s or vessel’s ability to implement its oil<\/span> discharge<\/span> contingency plan either before or after the plan is approved. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The Board<\/span>, after notice and opportunity for a conference pursuant to \u00a7 2.2-4019<\/a>, may modify its approval of an oil<\/span> discharge<\/span> contingency plan if it determines that: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> A change has occurred in the operation of any facility<\/span> or vessel covered by the plan that necessitates an amended or supplemented plan; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The facility<\/span>’s or vessel’s discharge<\/span> experience or its inability to implement its plan in an oil<\/span> discharge<\/span> exercise demonstrates a necessity for modification; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> There has been a significant change in the best available technology since the plan was approved. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> The Board<\/span>, after notice and opportunity for hearing<\/span>, may revoke its approval of an oil<\/span> discharge<\/span> contingency plan if it determines that: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Approval was obtained by fraud<\/span> or misrepresentation; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The plan cannot be implemented as approved; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> A term or condition of approval has been violated. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nOIL DISCHARGE CONTINGENCY PLANS (\u00a7 62.1-44.34:15)\n\nA. No operator shall cause or permit the operation of a facility in the\nCommonwealth unless an oil discharge contingency plan applicable to the facility\nhas been filed with and approved by the Board. No operator shall cause or permit\na tank vessel to transport or transfer oil in state waters unless an oil\ndischarge contingency plan applicable to the tank vessel has been filed with and\napproved by the Board or a vessel response plan applicable to the tank vessel\nand approved by the U.S. Coast Guard, pursuant to § 4202 of the federal Oil\nPollution Act of 1990.\n\nB. Application for approval of an oil discharge contingency plan shall be made\nto the Board and shall be accompanied by plans, specifications, maps and such\nother relevant information as may be required, in scope and detail satisfactory\nto the Board. An oil discharge contingency plan must conform to the requirements\nand standards determined by the Board to be necessary to ensure that the\napplicant can take such steps as are necessary to protect environmentally\nsensitive areas, to respond to the threat of an oil discharge, and to contain,\nclean up and mitigate an oil discharge within the shortest feasible time. Each\nsuch plan shall provide for the use of the best available technology at the time\nthe plan is submitted for approval. The applicant shall notify the Board\nimmediately of any significant change in the operation or capacity of or the\ntype of product dealt in, stored, handled, transported or transferred in or by\nany facility or vessel covered by the plan that will necessitate a change in the\nplan and shall update the plan periodically as required by the Board, but in no\nevent more frequently than once every 36 months. The Board, on a finding of\nneed, may require an oil discharge exercise designed to demonstrate the\nfacility’s or vessel’s ability to implement its oil discharge\ncontingency plan either before or after the plan is approved.\n\nC. The Board, after notice and opportunity for a conference pursuant to \u00a7\n2.2-4019, may modify its approval of an oil discharge contingency plan if it\ndetermines that:\n\n 1. A change has occurred in the operation of any facility or vessel covered by\n the plan that necessitates an amended or supplemented plan;\n\n 2. The facility’s or vessel’s discharge experience or its\n inability to implement its plan in an oil discharge exercise demonstrates a\n necessity for modification; or\n\n 3. There has been a significant change in the best available technology since\n the plan was approved.\n\nD. The Board, after notice and opportunity for hearing, may revoke its approval\nof an oil discharge contingency plan if it determines that:\n\n 1. Approval was obtained by fraud or misrepresentation;\n\n 2. The plan cannot be implemented as approved; or\n\n 3. A term or condition of approval has been violated.\n\nHISTORY: 1990, c. 917; 2004, c. 276.","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}}