{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/62.1-44.34_17.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/62.1-44.34_17.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/62.1-44.34_17.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/62.1-44.34_17.html"}],"law_id":73860,"edition_id":1,"section_id":73860,"structure_id":14927,"section_number":"62.1-44.34:17","catch_line":"Exemptions","history":"1990, c. 917; 1992, c. 456; 1994, cc. 277, 460.","full_text":"A\n\nSections 62.1-44.34:15 and 62.1-44.34:16 do not apply to a facility having a maximum storage or handling capacity of less than 25,000 gallons of oil or to a tank vessel having a maximum storage, handling or transporting capacity of less than 15,000 gallons of oil or to a tank used to contain oil for less than 120 days and only in connection with activities related to the containment and cleanup of oil or to any vessel engaged only in activities within state waters related to the containment and cleanup of oil, including response-related training or drills.B\n\nFacilities having a maximum storage or handling capacity of between 25,000 gallons and one million gallons of oil shall be exempt until July 1, 1993, from any requirement under &#xA7; 62.1-44.34:15 to install ground water monitoring wells or other ground water protection devices.C\n\nFor purposes of &#xA7;&#xA7; 62.1-44.34:15 and 62.1-44.34:16, the definition of oil does not include nonpetroleum hydrocarbon-based animal and vegetable oils, or petroleum, including crude oil or any fraction thereof, which is specifically listed or designated as a hazardous substance under subparagraphs (A) through (F) of section 101 (14) of the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. &#xA7; 9601) and which is subject to the provisions of that Act.D\n\nFacilities not engaged in the resale of oil from aboveground storage tanks shall not be subject to regulations promulgated pursuant to &#xA7; 62.1-44.34:15.1 until July 1, 1995, or any date later specified by the Board.E\n\nAboveground storage tanks with a capacity of 5,000 gallons or less containing heating oil for consumption on the premises where stored shall be exempt from the provisions of &#xA7; 62.1-44.34:15.1.F\n\nFor purposes of &#xA7;&#xA7; 62.1-44.34:15.1 and 62.1-44.34:16, and for the purposes of any requirement under &#xA7; 62.1-44.34:15 to install ground water monitoring wells, ground water protection devices, or to conduct ground water characterization studies, the definition of oil does not include asphalt and asphalt compounds which are not liquid at standard conditions of temperature and pressure (sixty degrees Fahrenheit and 14.7 pounds per square inch absolute).","order_by":null,"text":{"0":{"id":265590,"text":"Sections 62.1-44.34:15 and 62.1-44.34:16 do not apply to a facility having a maximum storage or handling capacity of less than 25,000 gallons of oil or to a tank vessel having a maximum storage, handling or transporting capacity of less than 15,000 gallons of oil or to a tank used to contain oil for less than 120 days and only in connection with activities related to the containment and cleanup of oil or to any vessel engaged only in activities within state waters related to the containment and cleanup of oil, including response-related training or drills.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":265591,"text":"Facilities having a maximum storage or handling capacity of between 25,000 gallons and one million gallons of oil shall be exempt until July 1, 1993, from any requirement under &#xA7; 62.1-44.34:15 to install ground water monitoring wells or other ground water protection devices.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":265592,"text":"For purposes of &#xA7;&#xA7; 62.1-44.34:15 and 62.1-44.34:16, the definition of oil does not include nonpetroleum hydrocarbon-based animal and vegetable oils, or petroleum, including crude oil or any fraction thereof, which is specifically listed or designated as a hazardous substance under subparagraphs (A) through (F) of section 101 (14) of the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. &#xA7; 9601) and which is subject to the provisions of that Act.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":265593,"text":"Facilities not engaged in the resale of oil from aboveground storage tanks shall not be subject to regulations promulgated pursuant to &#xA7; 62.1-44.34:15.1 until July 1, 1995, or any date later specified by the Board.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":265594,"text":"Aboveground storage tanks with a capacity of 5,000 gallons or less containing heating oil for consumption on the premises where stored shall be exempt from the provisions of &#xA7; 62.1-44.34:15.1.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":265595,"text":"For purposes of &#xA7;&#xA7; 62.1-44.34:15.1 and 62.1-44.34:16, and for the purposes of any requirement under &#xA7; 62.1-44.34:15 to install ground water monitoring wells, ground water protection devices, or to conduct ground water characterization studies, the definition of oil does not include asphalt and asphalt compounds which are not liquid at standard conditions of temperature and pressure (sixty degrees Fahrenheit and 14.7 pounds per square inch absolute).","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/62.1-44.34:17\/","history_text":"<p>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 2 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 1992, chapter 456; in 1994, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?941+ful+CHAP0277\">277<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?941+ful+CHAP0460\">460<\/a>.<\/p>","references":false,"refers_to":[{"id":76513,"section_number":"62.1-44.34:15","catch_line":"Oil discharge contingency plans","order_by":null,"url":"\/62.1-44.34_15\/"},{"id":78401,"section_number":"62.1-44.34:15.1","catch_line":"Regulations for aboveground storage tanks","order_by":null,"url":"\/62.1-44.34_15.1\/"},{"id":62684,"section_number":"62.1-44.34:16","catch_line":"Financial responsibility for vessels and facilities","order_by":null,"url":"\/62.1-44.34_16\/"}],"permalink":{"id":269237,"object_type":"law","relational_id":73860,"identifier":"62.1-44.34:17","token":"62.1\/3.1\/11\/62.1-44.34_17","url":"\/62.1-44.34_17\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/62.1-44.34_17\/","token":"62.1\/3.1\/11\/62.1-44.34_17","dublin_core":{"Title":"Exemptions","Type":"Text","Format":"text\/html","Identifier":"\u00a7 62.1-44.34:17","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section id=\"A\"><p><span class=\"prefix-number\">A.<\/span> Sections <a class=\"law\" title=\"Oil discharge contingency plans\" href=\"\/62.1-44.34_15\/\">62.1-44.34:15<\/a> and <a class=\"law\" title=\"Financial responsibility for vessels and facilities\" href=\"\/62.1-44.34_16\/\">62.1-44.34:16<\/a> do not apply to a <span class=\"dictionary\">facility<\/span> having a maximum storage or handling capacity of less than 25,000 gallons of <span class=\"dictionary\">oil<\/span> or to a <span class=\"dictionary\">tank vessel<\/span> having a maximum storage, handling or transporting capacity of less than 15,000 gallons of <span class=\"dictionary\">oil<\/span> or to a tank used to contain <span class=\"dictionary\">oil<\/span> for less than 120 days and only in connection with activities related to the <span class=\"dictionary\">containment and cleanup<\/span> of <span class=\"dictionary\">oil<\/span> or to any vessel engaged only in activities within <span class=\"dictionary\">state waters<\/span> related to the <span class=\"dictionary\">containment and cleanup<\/span> of <span class=\"dictionary\">oil<\/span>, including response-related training or drills. <a id=\"paragraph-265590\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/62.1-44.34_17\/#A\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B\"><p><span class=\"prefix-number\">B.<\/span> Facilities having a maximum storage or handling capacity of between 25,000 gallons and one million gallons of <span class=\"dictionary\">oil<\/span> shall be exempt until July 1, 1993, from any requirement under &#xA7; <a class=\"law\" title=\"Oil discharge contingency plans\" href=\"\/62.1-44.34_15\/\">62.1-44.34:15<\/a> to install ground water monitoring wells or other ground water protection devices. <a id=\"paragraph-265591\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/62.1-44.34_17\/#B\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"C\"><p><span class=\"prefix-number\">C.<\/span> For purposes of &#xA7;&#xA7; <a class=\"law\" title=\"Oil discharge contingency plans\" href=\"\/62.1-44.34_15\/\">62.1-44.34:15<\/a> and <a class=\"law\" title=\"Financial responsibility for vessels and facilities\" href=\"\/62.1-44.34_16\/\">62.1-44.34:16<\/a>, the definition of <span class=\"dictionary\">oil<\/span> does not include nonpetroleum hydrocarbon-based animal and vegetable <span class=\"dictionary\">oils<\/span>, or petroleum, including crude <span class=\"dictionary\">oil<\/span> or any fraction thereof, which is specifically listed or designated as a hazardous substance under subparagraphs (A) through (F) of section 101 (14) of the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. &#xA7; 9601) and which is subject to the provisions of that Act. <a id=\"paragraph-265592\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/62.1-44.34_17\/#C\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"D\"><p><span class=\"prefix-number\">D.<\/span> Facilities not engaged in the resale of <span class=\"dictionary\">oil<\/span> from <span class=\"dictionary\">aboveground storage tanks<\/span> shall not be subject to <span class=\"dictionary\">regulations<\/span> promulgated pursuant to &#xA7; <a class=\"law\" title=\"Regulations for aboveground storage tanks\" href=\"\/62.1-44.34_15.1\/\">62.1-44.34:15.1<\/a> until July 1, 1995, or any date later specified by the <span class=\"dictionary\">Board<\/span>. <a id=\"paragraph-265593\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/62.1-44.34_17\/#D\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"E\"><p><span class=\"prefix-number\">E.<\/span> <span class=\"dictionary\">Aboveground storage tanks<\/span> with a capacity of 5,000 gallons or less containing heating <span class=\"dictionary\">oil<\/span> for consumption on the premises where stored shall be exempt from the provisions of &#xA7; <a class=\"law\" title=\"Regulations for aboveground storage tanks\" href=\"\/62.1-44.34_15.1\/\">62.1-44.34:15.1<\/a>. <a id=\"paragraph-265594\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/62.1-44.34_17\/#E\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"F\"><p><span class=\"prefix-number\">F.<\/span> For purposes of &#xA7;&#xA7; <a class=\"law\" title=\"Regulations for aboveground storage tanks\" href=\"\/62.1-44.34_15.1\/\">62.1-44.34:15.1<\/a> and <a class=\"law\" title=\"Financial responsibility for vessels and facilities\" href=\"\/62.1-44.34_16\/\">62.1-44.34:16<\/a>, and for the purposes of any requirement under &#xA7; <a class=\"law\" title=\"Oil discharge contingency plans\" href=\"\/62.1-44.34_15\/\">62.1-44.34:15<\/a> to install ground water monitoring wells, ground water protection devices, or to conduct ground water characterization studies, the definition of <span class=\"dictionary\">oil<\/span> does not include asphalt and asphalt compounds which are not liquid at standard conditions of temperature and pressure (sixty degrees Fahrenheit and 14.7 pounds per square inch absolute). <a id=\"paragraph-265595\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/62.1-44.34_17\/#F\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nEXEMPTIONS (\u00a7 62.1-44.34:17)\n\nA. Sections 62.1-44.34:15 and 62.1-44.34:16 do not apply to a facility having a\nmaximum storage or handling capacity of less than 25,000 gallons of oil or to a\ntank vessel having a maximum storage, handling or transporting capacity of less\nthan 15,000 gallons of oil or to a tank used to contain oil for less than 120\ndays and only in connection with activities related to the containment and\ncleanup of oil or to any vessel engaged only in activities within state waters\nrelated to the containment and cleanup of oil, including response-related\ntraining or drills.\n\nB. Facilities having a maximum storage or handling capacity of between 25,000\ngallons and one million gallons of oil shall be exempt until July 1, 1993, from\nany requirement under &#xA7; 62.1-44.34:15 to install ground water monitoring\nwells or other ground water protection devices.\n\nC. For purposes of &#xA7;&#xA7; 62.1-44.34:15 and 62.1-44.34:16, the definition\nof oil does not include nonpetroleum hydrocarbon-based animal and vegetable\noils, or petroleum, including crude oil or any fraction thereof, which is\nspecifically listed or designated as a hazardous substance under subparagraphs\n(A) through (F) of section 101 (14) of the Comprehensive Environmental Response,\nCompensation, and Liability Act (42 U.S.C. &#xA7; 9601) and which is subject to\nthe provisions of that Act.\n\nD. Facilities not engaged in the resale of oil from aboveground storage tanks\nshall not be subject to regulations promulgated pursuant to &#xA7;\n62.1-44.34:15.1 until July 1, 1995, or any date later specified by the Board.\n\nE. Aboveground storage tanks with a capacity of 5,000 gallons or less containing\nheating oil for consumption on the premises where stored shall be exempt from\nthe provisions of &#xA7; 62.1-44.34:15.1.\n\nF. For purposes of &#xA7;&#xA7; 62.1-44.34:15.1 and 62.1-44.34:16, and for the\npurposes of any requirement under &#xA7; 62.1-44.34:15 to install ground water\nmonitoring wells, ground water protection devices, or to conduct ground water\ncharacterization studies, the definition of oil does not include asphalt and\nasphalt compounds which are not liquid at standard conditions of temperature and\npressure (sixty degrees Fahrenheit and 14.7 pounds per square inch absolute).\n\nHISTORY: 1990, c. 917; 1992, c. 456; 1994, cc. 277, 460.","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}}