{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/62.1-44.34_18.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/62.1-44.34_18.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/62.1-44.34_18.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/62.1-44.34_18.html"}],"law_id":76130,"edition_id":1,"section_id":76130,"structure_id":14927,"section_number":"62.1-44.34:18","catch_line":"Discharge of oil prohibited; liability for permitting discharge","history":"1973, c. 417; 1976, c. 51; 1978, c. 816; 1989, c. 627; 1990, cc. 917, 962; 1992, c. 456; 1998, cc. 90, 836.","full_text":"A\n\nThe discharge of oil into or upon state waters, lands, or storm drain systems within the Commonwealth is prohibited. For purposes of this section, discharges of oil into or upon state waters include discharges of oil that (i) violate applicable water quality standards or a permit or certificate of the Board or (ii) cause a film or sheen upon or discoloration of the surface of the water or adjoining shorelines or cause a sludge or emulsion to be deposited beneath the surface of the water or upon adjoining shorelines.B\n\nAny person discharging or causing or permitting a discharge of oil into or upon state waters, lands, or storm drain systems, discharging or causing or permitting a discharge of oil which may reasonably be expected to enter state waters, lands, or storm drain systems, or causing or permitting a substantial threat of such discharge and any operator of any facility, vehicle or vessel from which there is a discharge of oil into or upon state waters, lands, or storm drain systems, or from which there is a discharge of oil which may reasonably be expected to enter state waters, lands, or storm drain systems, or from which there is a substantial threat of such discharge shall, immediately upon learning of such discharge or threat of discharge, implement any applicable oil spill contingency plan approved under this article or take such other action as may be deemed necessary in the judgment of the Board to contain and clean up such discharge or threat of such discharge. In the event of such discharge or threat of discharge, if it cannot be determined immediately the person responsible therefor, or if the person is unwilling or unable to promptly contain and clean up such discharge or threat of discharge, the Board may take such action as is necessary to contain and clean up the discharge or threat of discharge, including the engagement of contractors or other competent persons.C\n\nAny person discharging or causing or permitting a discharge of oil into or upon state waters, lands, or storm drain systems within the Commonwealth, discharging or causing or permitting a discharge of oil which may reasonably be expected to enter state waters, lands, or storm drain systems, or causing or permitting a substantial threat of such discharge and any operator of any facility, vehicle or vessel from which there is a discharge of oil into or upon state waters, lands, or storm drain systems within the Commonwealth, or from which there is a discharge of oil which may reasonably be expected to enter state waters, lands, or storm drain systems, or from which there is a substantial threat of such discharge, shall be liable to:1\n\nThe Commonwealth of Virginia or any political subdivision thereof for all costs and expenses of investigation, containment and cleanup incurred as a result of such discharge or threat of discharge, including, but not limited to, reasonable personnel, administrative, and equipment costs and expenses directly incurred by the Commonwealth or political subdivision, in and for preventing or alleviating damage, loss, hardship, or harm to human health or the environment caused or threatened to be caused by such discharge or threat of discharge;2\n\nThe Commonwealth of Virginia or any political subdivision thereof for all damages to property of the Commonwealth of Virginia or the political subdivision caused by such discharge;3\n\nThe Commonwealth of Virginia or any political subdivision thereof for loss of tax or other revenues caused by such discharge, and compensation for the loss of any natural resources that cannot be restocked, replenished or restored; and4\n\nAny person for injury or damage to person or property, real or personal, loss of income, loss of the means of producing income, or loss of the use of the damaged property for recreational, commercial, industrial, agricultural or other reasonable uses, caused by such discharge.D\n\nNotwithstanding any other provision of law, a person who renders assistance in containment and cleanup of a discharge of oil prohibited by this article or a threat of such discharge shall be liable under this section for damages for personal injury and wrongful death caused by that person’s negligence, and for damages caused by that person’s gross negligence or willful misconduct, but shall not be liable for any other damages or costs and expenses of containment and cleanup under this section that are caused by the acts or omissions of such person in rendering such assistance; however, such liability provision shall not apply to a person discharging or causing or permitting a discharge of oil into or upon state waters, lands, or storm drain systems, discharging or causing or permitting a discharge of oil which may reasonably be expected to enter state waters, lands, or storm drain systems, or causing or permitting a substantial threat of such discharge, or to such person’s employee. Nothing in this article shall affect the right of any person who renders such assistance to reimbursement for the costs of the containment and cleanup under the applicable provisions of this article or the Federal Water Pollution Control Act, as amended, or any rights that person may have against any third party whose acts or omissions caused or contributed to the prohibited discharge of oil or threat of such discharge. In addition, a person, other than an operator, who voluntarily, without compensation, and upon the request of a governmental agency, assists in the containment or cleanup of a discharge of oil, shall not be liable for any civil damages resulting from any act or omission on his part in the course of his rendering such assistance in good faith; nor shall any person or any organization exempt from income taxation under § 501(c) (3) of the Internal Revenue Code who notifies or assists in notifying the membership of such organization to assist in the containment or cleanup of a discharge of oil, voluntarily, without compensation, and upon the request of a government agency, be liable for any civil damages resulting from such notification rendered in good faith.E\n\nIn any action brought under this article, it shall not be necessary for the Commonwealth, political subdivision or any person, to plead or prove negligence in any form or manner.F\n\nIn any action brought under this article, the Commonwealth, political subdivision or any person, if a prevailing party, shall be entitled to an award of reasonable attorneys’ fees and costs.G\n\nIt shall be a defense to any action brought under subdivision C 2, C 3, or C 4 of this section that the discharge was caused solely by (i) an act of God, (ii) an act of war, (iii) a willful act or omission of a third party who is not an employee, agent or contractor of the operator, or (iv) any combination of the foregoing; however, this subsection shall not apply to any action brought against (a) a person or operator who failed or refused to report a discharge as required by § 62.1-44.34:19; or (b) a person or operator who failed or refused to cooperate fully in any containment and cleanup or who failed or refused to effect containment and cleanup as required by subsection B of this section.H\n\nIn any action brought under subdivision C 2, C 3, or C 4 of this section, the total liability of a person or operator under this section for each discharge of oil or threat of such discharge shall not exceed the amount of financial responsibility required under § 62.1-44.34:16 or $10,000,000, whichever is greater; however, there shall be no limit of liability imposed under this section: (a) if the discharge of oil or threat of such discharge was caused by gross negligence or willful misconduct on the part of the person or the operator discharging or causing or permitting discharge or threat of discharge or by an agent, employee or contractor of such person or operator, or by the violation of any applicable safety, construction or operation regulations by such person or operator or an agent, employee or contractor of such person or operator; or (b) if the operator or person discharging or causing or permitting a discharge or threat of discharge failed or refused to report the discharge as required by § 62.1-44.34:19, or failed or refused to cooperate fully in any containment and cleanup or to effect containment and cleanup as required by subsection B of this section.I\n\nAn operator that incurs costs pursuant to subsection B shall have the right to recover all or part of such costs in an action for contribution against any person or persons whose acts or omissions caused or contributed to the discharge or threat of discharge. In resolving contribution claims under this article, the court may allocate costs among the parties using such equitable factors as the court deems appropriate.J\n\nAny person or operator who pays costs or damages pursuant to subsection C shall have the right to recover all or part of such costs or damages in an action for contribution against any person or persons whose act or omission has caused or contributed to the discharge or threat of discharge. In resolving contribution claims under this article, the court may allocate costs or damages among the parties using such equitable factors as the court deems appropriate.","order_by":null,"text":{"0":{"id":273242,"text":"The discharge of oil into or upon state waters, lands, or storm drain systems within the Commonwealth is prohibited. For purposes of this section, discharges of oil into or upon state waters include discharges of oil that (i) violate applicable water quality standards or a permit or certificate of the Board or (ii) cause a film or sheen upon or discoloration of the surface of the water or adjoining shorelines or cause a sludge or emulsion to be deposited beneath the surface of the water or upon adjoining shorelines.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":273243,"text":"Any person discharging or causing or permitting a discharge of oil into or upon state waters, lands, or storm drain systems, discharging or causing or permitting a discharge of oil which may reasonably be expected to enter state waters, lands, or storm drain systems, or causing or permitting a substantial threat of such discharge and any operator of any facility, vehicle or vessel from which there is a discharge of oil into or upon state waters, lands, or storm drain systems, or from which there is a discharge of oil which may reasonably be expected to enter state waters, lands, or storm drain systems, or from which there is a substantial threat of such discharge shall, immediately upon learning of such discharge or threat of discharge, implement any applicable oil spill contingency plan approved under this article or take such other action as may be deemed necessary in the judgment of the Board to contain and clean up such discharge or threat of such discharge. In the event of such discharge or threat of discharge, if it cannot be determined immediately the person responsible therefor, or if the person is unwilling or unable to promptly contain and clean up such discharge or threat of discharge, the Board may take such action as is necessary to contain and clean up the discharge or threat of discharge, including the engagement of contractors or other competent persons.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":273244,"text":"Any person discharging or causing or permitting a discharge of oil into or upon state waters, lands, or storm drain systems within the Commonwealth, discharging or causing or permitting a discharge of oil which may reasonably be expected to enter state waters, lands, or storm drain systems, or causing or permitting a substantial threat of such discharge and any operator of any facility, vehicle or vessel from which there is a discharge of oil into or upon state waters, lands, or storm drain systems within the Commonwealth, or from which there is a discharge of oil which may reasonably be expected to enter state waters, lands, or storm drain systems, or from which there is a substantial threat of such discharge, shall be liable to:","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"C1"},"3":{"id":273245,"text":"The Commonwealth of Virginia or any political subdivision thereof for all costs and expenses of investigation, containment and cleanup incurred as a result of such discharge or threat of discharge, including, but not limited to, reasonable personnel, administrative, and equipment costs and expenses directly incurred by the Commonwealth or political subdivision, in and for preventing or alleviating damage, loss, hardship, or harm to human health or the environment caused or threatened to be caused by such discharge or threat of discharge;","type":"section","prefixes":["C","1"],"prefix":"1","entire_prefix":"C1","prefix_anchor":"C1","level":2,"prior_prefix":"C","next_prefix":"C2"},"4":{"id":273246,"text":"The Commonwealth of Virginia or any political subdivision thereof for all damages to property of the Commonwealth of Virginia or the political subdivision caused by such discharge;","type":"section","prefixes":["C","2"],"prefix":"2","entire_prefix":"C2","prefix_anchor":"C2","level":2,"prior_prefix":"C1","next_prefix":"C3"},"5":{"id":273247,"text":"The Commonwealth of Virginia or any political subdivision thereof for loss of tax or other revenues caused by such discharge, and compensation for the loss of any natural resources that cannot be restocked, replenished or restored; and","type":"section","prefixes":["C","3"],"prefix":"3","entire_prefix":"C3","prefix_anchor":"C3","level":2,"prior_prefix":"C2","next_prefix":"C4"},"6":{"id":273248,"text":"Any person for injury or damage to person or property, real or personal, loss of income, loss of the means of producing income, or loss of the use of the damaged property for recreational, commercial, industrial, agricultural or other reasonable uses, caused by such discharge.","type":"section","prefixes":["C","4"],"prefix":"4","entire_prefix":"C4","prefix_anchor":"C4","level":2,"prior_prefix":"C3","next_prefix":"D"},"7":{"id":273249,"text":"Notwithstanding any other provision of law, a person who renders assistance in containment and cleanup of a discharge of oil prohibited by this article or a threat of such discharge shall be liable under this section for damages for personal injury and wrongful death caused by that person’s negligence, and for damages caused by that person’s gross negligence or willful misconduct, but shall not be liable for any other damages or costs and expenses of containment and cleanup under this section that are caused by the acts or omissions of such person in rendering such assistance; however, such liability provision shall not apply to a person discharging or causing or permitting a discharge of oil into or upon state waters, lands, or storm drain systems, discharging or causing or permitting a discharge of oil which may reasonably be expected to enter state waters, lands, or storm drain systems, or causing or permitting a substantial threat of such discharge, or to such person’s employee. Nothing in this article shall affect the right of any person who renders such assistance to reimbursement for the costs of the containment and cleanup under the applicable provisions of this article or the Federal Water Pollution Control Act, as amended, or any rights that person may have against any third party whose acts or omissions caused or contributed to the prohibited discharge of oil or threat of such discharge. In addition, a person, other than an operator, who voluntarily, without compensation, and upon the request of a governmental agency, assists in the containment or cleanup of a discharge of oil, shall not be liable for any civil damages resulting from any act or omission on his part in the course of his rendering such assistance in good faith; nor shall any person or any organization exempt from income taxation under § 501(c) (3) of the Internal Revenue Code who notifies or assists in notifying the membership of such organization to assist in the containment or cleanup of a discharge of oil, voluntarily, without compensation, and upon the request of a government agency, be liable for any civil damages resulting from such notification rendered in good faith.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C4","next_prefix":"E"},"8":{"id":273250,"text":"In any action brought under this article, it shall not be necessary for the Commonwealth, political subdivision or any person, to plead or prove negligence in any form or manner.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"9":{"id":273251,"text":"In any action brought under this article, the Commonwealth, political subdivision or any person, if a prevailing party, shall be entitled to an award of reasonable attorneys’ fees and costs.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"10":{"id":273252,"text":"It shall be a defense to any action brought under subdivision C 2, C 3, or C 4 of this section that the discharge was caused solely by (i) an act of God, (ii) an act of war, (iii) a willful act or omission of a third party who is not an employee, agent or contractor of the operator, or (iv) any combination of the foregoing; however, this subsection shall not apply to any action brought against (a) a person or operator who failed or refused to report a discharge as required by § 62.1-44.34:19; or (b) a person or operator who failed or refused to cooperate fully in any containment and cleanup or who failed or refused to effect containment and cleanup as required by subsection B of this section.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"H"},"11":{"id":273253,"text":"In any action brought under subdivision C 2, C 3, or C 4 of this section, the total liability of a person or operator under this section for each discharge of oil or threat of such discharge shall not exceed the amount of financial responsibility required under § 62.1-44.34:16 or $10,000,000, whichever is greater; however, there shall be no limit of liability imposed under this section: (a) if the discharge of oil or threat of such discharge was caused by gross negligence or willful misconduct on the part of the person or the operator discharging or causing or permitting discharge or threat of discharge or by an agent, employee or contractor of such person or operator, or by the violation of any applicable safety, construction or operation regulations by such person or operator or an agent, employee or contractor of such person or operator; or (b) if the operator or person discharging or causing or permitting a discharge or threat of discharge failed or refused to report the discharge as required by § 62.1-44.34:19, or failed or refused to cooperate fully in any containment and cleanup or to effect containment and cleanup as required by subsection B of this section.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G","next_prefix":"I"},"12":{"id":273254,"text":"An operator that incurs costs pursuant to subsection B shall have the right to recover all or part of such costs in an action for contribution against any person or persons whose acts or omissions caused or contributed to the discharge or threat of discharge. In resolving contribution claims under this article, the court may allocate costs among the parties using such equitable factors as the court deems appropriate.","type":"section","prefixes":["I"],"prefix":"I","entire_prefix":"I","prefix_anchor":"I","level":1,"prior_prefix":"H","next_prefix":"J"},"13":{"id":273255,"text":"Any person or operator who pays costs or damages pursuant to subsection C shall have the right to recover all or part of such costs or damages in an action for contribution against any person or persons whose act or omission has caused or contributed to the discharge or threat of discharge. In resolving contribution claims under this article, the court may allocate costs or damages among the parties using such equitable factors as the court deems appropriate.","type":"section","prefixes":["J"],"prefix":"J","entire_prefix":"J","prefix_anchor":"J","level":1,"prior_prefix":"I"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/62.1-44.34:18\/","history_text":"

This law was first created in 1973. The record of its establishment is cataloged in chapter 417 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 1973 \u201cActs\u201d aren\u2019t available online. It has been modified 6 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 1976, chapter 51; in 1978, chapter 816; in 1989, chapter 627; in 1990, chapters 917 and 962; in 1992, chapter 456; in 1998, chapters 90<\/a> and 836<\/a>.<\/p>","references":[{"id":69301,"section_number":"62.1-44.34:20","catch_line":"Enforcement and penalties","order_by":null,"url":"\/62.1-44.34_20\/"},{"id":67138,"section_number":"62.1-44.34:23","catch_line":"Exceptions","order_by":null,"url":"\/62.1-44.34_23\/"}],"refers_to":[{"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\/"},{"id":70352,"section_number":"62.1-44.34:19","catch_line":"Reporting of discharge","order_by":null,"url":"\/62.1-44.34_19\/"}],"permalink":{"id":269241,"object_type":"law","relational_id":76130,"identifier":"62.1-44.34:18","token":"62.1\/3.1\/11\/62.1-44.34_18","url":"\/62.1-44.34_18\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/62.1-44.34_18\/","token":"62.1\/3.1\/11\/62.1-44.34_18","dublin_core":{"Title":"Discharge of oil prohibited; liability for permitting discharge","Type":"Text","Format":"text\/html","Identifier":"\u00a7 62.1-44.34:18","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The discharge<\/span> of oil<\/span> into or upon state waters<\/span>, lands, or storm drain systems within the Commonwealth is prohibited. For purposes of this section, discharges<\/span> of oil<\/span> into or upon state waters<\/span> include discharges<\/span> of oil<\/span> that (i) violate applicable water quality standards<\/span> or a permit or certificate<\/span> of the Board<\/span> or (ii) cause a film or sheen upon or discoloration of the surface of the water or adjoining shorelines or cause a sludge or emulsion to be deposited beneath the surface of the water or upon adjoining shorelines. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Any person<\/span> discharging or causing or permitting a discharge<\/span> of oil<\/span> into or upon state waters<\/span>, lands, or storm drain systems, discharging or causing or permitting a discharge<\/span> of oil<\/span> which may reasonably be expected to enter state waters<\/span>, lands, or storm drain systems, or causing or permitting a substantial threat of such discharge<\/span> and any operator<\/span> of any facility<\/span>, vehicle<\/span> or vessel<\/span> from which there is a discharge<\/span> of oil<\/span> into or upon state waters<\/span>, lands, or storm drain systems, or from which there is a discharge<\/span> of oil<\/span> which may reasonably be expected to enter state waters<\/span>, lands, or storm drain systems, or from which there is a substantial threat of such discharge<\/span> shall, immediately upon learning of such discharge<\/span> or threat of discharge<\/span>, implement any applicable oil<\/span> spill contingency plan approved under this article or take such other action as may be deemed necessary in the judgment<\/span> of the Board<\/span> to contain and clean up such discharge<\/span> or threat of such discharge<\/span>. In the event of such discharge<\/span> or threat of discharge<\/span>, if it cannot be determined immediately the person<\/span> responsible therefor, or if the person<\/span> is unwilling or unable to promptly contain and clean up such discharge<\/span> or threat of discharge<\/span>, the Board<\/span> may take such action as is necessary to contain and clean up the discharge<\/span> or threat of discharge<\/span>, including the engagement of contractors or other competent persons<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Any person<\/span> discharging or causing or permitting a discharge<\/span> of oil<\/span> into or upon state waters<\/span>, lands, or storm drain systems within the Commonwealth, discharging or causing or permitting a discharge<\/span> of oil<\/span> which may reasonably be expected to enter state waters<\/span>, lands, or storm drain systems, or causing or permitting a substantial threat of such discharge<\/span> and any operator<\/span> of any facility<\/span>, vehicle<\/span> or vessel<\/span> from which there is a discharge<\/span> of oil<\/span> into or upon state waters<\/span>, lands, or storm drain systems within the Commonwealth, or from which there is a discharge<\/span> of oil<\/span> which may reasonably be expected to enter state waters<\/span>, lands, or storm drain systems, or from which there is a substantial threat of such discharge<\/span>, shall be liable to: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The Commonwealth of Virginia or any political subdivision thereof for all costs and expenses of investigation, containment and cleanup<\/span> incurred as a result of such discharge<\/span> or threat of discharge<\/span>, including, but not limited to, reasonable personnel, administrative, and equipment costs and expenses directly incurred by the Commonwealth or political subdivision, in and for preventing or alleviating damage, loss, hardship, or harm to human health or the environment caused or threatened to be caused by such discharge<\/span> or threat of discharge<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The Commonwealth of Virginia or any political subdivision thereof for all damages<\/span> to property of the Commonwealth of Virginia or the political subdivision caused by such discharge<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> The Commonwealth of Virginia or any political subdivision thereof for loss of tax or other revenues caused by such discharge<\/span>, and compensation for the loss of any natural resources that cannot be restocked, replenished or restored; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Any person<\/span> for injury or damage to person<\/span> or property, real or personal, loss of income, loss of the means of producing income, or loss of the use of the damaged property for recreational, commercial, industrial, agricultural or other reasonable uses, caused by such discharge<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Notwithstanding any other provision of law<\/span>, a person<\/span> who renders assistance in containment and cleanup<\/span> of a discharge<\/span> of oil<\/span> prohibited by this article or a threat of such discharge<\/span> shall be liable under this section for damages<\/span> for personal injury and wrongful death caused by that person<\/span>’s negligence<\/span>, and for damages<\/span> caused by that person<\/span>’s gross negligence<\/span> or willful misconduct, but shall not be liable for any other damages<\/span> or costs and expenses of containment and cleanup<\/span> under this section that are caused by the acts or omissions of such person<\/span> in rendering such assistance; however, such liability provision shall not apply to a person<\/span> discharging or causing or permitting a discharge<\/span> of oil<\/span> into or upon state waters<\/span>, lands, or storm drain systems, discharging or causing or permitting a discharge<\/span> of oil<\/span> which may reasonably be expected to enter state waters<\/span>, lands, or storm drain systems, or causing or permitting a substantial threat of such discharge<\/span>, or to such person<\/span>’s employee. Nothing in this article shall affect the right of any person<\/span> who renders such assistance to reimbursement for the costs of the containment and cleanup<\/span> under the applicable provisions of this article or the Federal Water Pollution<\/span> Control Act, as amended, or any rights that person<\/span> may have against any third party<\/span> whose acts or omissions caused or contributed to the prohibited discharge<\/span> of oil<\/span> or threat of such discharge<\/span>. In addition, a person<\/span>, other than an operator<\/span>, who voluntarily, without compensation, and upon the request of a governmental agency, assists in the containment or cleanup of a discharge<\/span> of oil<\/span>, shall not be liable for any civil damages<\/span> resulting from any act or omission on his part in the course of his rendering such assistance in good faith; nor shall any person<\/span> or any organization exempt from income taxation under § 501(c) (3) of the Internal Revenue Code who notifies or assists in notifying the membership of such organization to assist in the containment or cleanup of a discharge<\/span> of oil<\/span>, voluntarily, without compensation, and upon the request of a government agency, be liable for any civil damages<\/span> resulting from such notification rendered in good faith. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> In any action brought under this article, it shall not be necessary for the Commonwealth, political subdivision or any person<\/span>, to plead or prove negligence<\/span> in any form or manner. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> In any action brought under this article, the Commonwealth, political subdivision or any person<\/span>, if a prevailing party<\/span>, shall be entitled to an award of reasonable attorneys’ fees and costs. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> It shall be a defense to any action brought under subdivision C 2, C 3, or C 4 of this section that the discharge<\/span> was caused solely by (i) an act of God, (ii) an act of war, (iii) a willful act or omission of a third party<\/span> who is not an employee, agent or contractor of the operator<\/span>, or (iv) any combination of the foregoing; however, this subsection shall not apply to any action brought against (a) a person<\/span> or operator<\/span> who failed or refused to report a discharge<\/span> as required by § 62.1-44.34:19<\/a>; or (b) a person<\/span> or operator<\/span> who failed or refused to cooperate fully in any containment and cleanup<\/span> or who failed or refused to effect containment and cleanup<\/span> as required by subsection B of this section. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

H.<\/span> In any action brought under subdivision C 2, C 3, or C 4 of this section, the total liability of a person<\/span> or operator<\/span> under this section for each discharge<\/span> of oil<\/span> or threat of such discharge<\/span> shall not exceed the amount of financial responsibility required under § 62.1-44.34:16<\/a> or $10,000,000, whichever is greater; however, there shall be no limit of liability imposed under this section: (a) if the discharge<\/span> of oil<\/span> or threat of such discharge<\/span> was caused by gross negligence<\/span> or willful misconduct on the part of the person<\/span> or the operator<\/span> discharging or causing or permitting discharge<\/span> or threat of discharge<\/span> or by an agent, employee or contractor of such person<\/span> or operator<\/span>, or by the violation of any applicable safety, construction or operation regulations<\/span> by such person<\/span> or operator<\/span> or an agent, employee or contractor of such person<\/span> or operator<\/span>; or (b) if the operator<\/span> or person<\/span> discharging or causing or permitting a discharge<\/span> or threat of discharge<\/span> failed or refused to report the discharge<\/span> as required by § 62.1-44.34:19<\/a>, or failed or refused to cooperate fully in any containment and cleanup<\/span> or to effect containment and cleanup<\/span> as required by subsection B of this section. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

I.<\/span> An operator<\/span> that incurs costs pursuant to subsection B shall have the right to recover all or part of such costs in an action for contribution against any person<\/span> or persons<\/span> whose acts or omissions caused or contributed to the discharge<\/span> or threat of discharge<\/span>. In resolving contribution claims under this article, the court<\/span> may allocate costs among the parties using such equitable<\/span> factors as the court<\/span> deems appropriate. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

J.<\/span> Any person<\/span> or operator<\/span> who pays costs or damages<\/span> pursuant to subsection C shall have the right to recover all or part of such costs or damages<\/span> in an action for contribution against any person<\/span> or persons<\/span> whose act or omission has caused or contributed to the discharge<\/span> or threat of discharge<\/span>. In resolving contribution claims under this article, the court<\/span> may allocate costs or damages<\/span> among the parties using such equitable<\/span> factors as the court<\/span> deems appropriate. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nDISCHARGE OF OIL PROHIBITED; LIABILITY FOR PERMITTING DISCHARGE (\u00a7\n62.1-44.34:18)\n\nA. The discharge of oil into or upon state waters, lands, or storm drain systems\nwithin the Commonwealth is prohibited. For purposes of this section, discharges\nof oil into or upon state waters include discharges of oil that (i) violate\napplicable water quality standards or a permit or certificate of the Board or\n(ii) cause a film or sheen upon or discoloration of the surface of the water or\nadjoining shorelines or cause a sludge or emulsion to be deposited beneath the\nsurface of the water or upon adjoining shorelines.\n\nB. Any person discharging or causing or permitting a discharge of oil into or\nupon state waters, lands, or storm drain systems, discharging or causing or\npermitting a discharge of oil which may reasonably be expected to enter state\nwaters, lands, or storm drain systems, or causing or permitting a substantial\nthreat of such discharge and any operator of any facility, vehicle or vessel\nfrom which there is a discharge of oil into or upon state waters, lands, or\nstorm drain systems, or from which there is a discharge of oil which may\nreasonably be expected to enter state waters, lands, or storm drain systems, or\nfrom which there is a substantial threat of such discharge shall, immediately\nupon learning of such discharge or threat of discharge, implement any applicable\noil spill contingency plan approved under this article or take such other action\nas may be deemed necessary in the judgment of the Board to contain and clean up\nsuch discharge or threat of such discharge. In the event of such discharge or\nthreat of discharge, if it cannot be determined immediately the person\nresponsible therefor, or if the person is unwilling or unable to promptly\ncontain and clean up such discharge or threat of discharge, the Board may take\nsuch action as is necessary to contain and clean up the discharge or threat of\ndischarge, including the engagement of contractors or other competent persons.\n\nC. Any person discharging or causing or permitting a discharge of oil into or\nupon state waters, lands, or storm drain systems within the Commonwealth,\ndischarging or causing or permitting a discharge of oil which may reasonably be\nexpected to enter state waters, lands, or storm drain systems, or causing or\npermitting a substantial threat of such discharge and any operator of any\nfacility, vehicle or vessel from which there is a discharge of oil into or upon\nstate waters, lands, or storm drain systems within the Commonwealth, or from\nwhich there is a discharge of oil which may reasonably be expected to enter\nstate waters, lands, or storm drain systems, or from which there is a\nsubstantial threat of such discharge, shall be liable to:\n\n 1. The Commonwealth of Virginia or any political subdivision thereof for all\n costs and expenses of investigation, containment and cleanup incurred as a\n result of such discharge or threat of discharge, including, but not limited\n to, reasonable personnel, administrative, and equipment costs and expenses\n directly incurred by the Commonwealth or political subdivision, in and for\n preventing or alleviating damage, loss, hardship, or harm to human health or\n the environment caused or threatened to be caused by such discharge or threat\n of discharge;\n\n 2. The Commonwealth of Virginia or any political subdivision thereof for all\n damages to property of the Commonwealth of Virginia or the political\n subdivision caused by such discharge;\n\n 3. The Commonwealth of Virginia or any political subdivision thereof for loss\n of tax or other revenues caused by such discharge, and compensation for the\n loss of any natural resources that cannot be restocked, replenished or\n restored; and\n\n 4. Any person for injury or damage to person or property, real or personal,\n loss of income, loss of the means of producing income, or loss of the use of\n the damaged property for recreational, commercial, industrial, agricultural or\n other reasonable uses, caused by such discharge.\n\nD. Notwithstanding any other provision of law, a person who renders assistance\nin containment and cleanup of a discharge of oil prohibited by this article or a\nthreat of such discharge shall be liable under this section for damages for\npersonal injury and wrongful death caused by that person’s negligence, and\nfor damages caused by that person’s gross negligence or willful\nmisconduct, but shall not be liable for any other damages or costs and expenses\nof containment and cleanup under this section that are caused by the acts or\nomissions of such person in rendering such assistance; however, such liability\nprovision shall not apply to a person discharging or causing or permitting a\ndischarge of oil into or upon state waters, lands, or storm drain systems,\ndischarging or causing or permitting a discharge of oil which may reasonably be\nexpected to enter state waters, lands, or storm drain systems, or causing or\npermitting a substantial threat of such discharge, or to such person’s\nemployee. Nothing in this article shall affect the right of any person who\nrenders such assistance to reimbursement for the costs of the containment and\ncleanup under the applicable provisions of this article or the Federal Water\nPollution Control Act, as amended, or any rights that person may have against\nany third party whose acts or omissions caused or contributed to the prohibited\ndischarge of oil or threat of such discharge. In addition, a person, other than\nan operator, who voluntarily, without compensation, and upon the request of a\ngovernmental agency, assists in the containment or cleanup of a discharge of\noil, shall not be liable for any civil damages resulting from any act or\nomission on his part in the course of his rendering such assistance in good\nfaith; nor shall any person or any organization exempt from income taxation\nunder § 501(c) (3) of the Internal Revenue Code who notifies or assists in\nnotifying the membership of such organization to assist in the containment or\ncleanup of a discharge of oil, voluntarily, without compensation, and upon the\nrequest of a government agency, be liable for any civil damages resulting from\nsuch notification rendered in good faith.\n\nE. In any action brought under this article, it shall not be necessary for the\nCommonwealth, political subdivision or any person, to plead or prove negligence\nin any form or manner.\n\nF. In any action brought under this article, the Commonwealth, political\nsubdivision or any person, if a prevailing party, shall be entitled to an award\nof reasonable attorneys’ fees and costs.\n\nG. It shall be a defense to any action brought under subdivision C 2, C 3, or C\n4 of this section that the discharge was caused solely by (i) an act of God,\n(ii) an act of war, (iii) a willful act or omission of a third party who is not\nan employee, agent or contractor of the operator, or (iv) any combination of the\nforegoing; however, this subsection shall not apply to any action brought\nagainst (a) a person or operator who failed or refused to report a discharge as\nrequired by § 62.1-44.34:19; or (b) a person or operator who failed or\nrefused to cooperate fully in any containment and cleanup or who failed or\nrefused to effect containment and cleanup as required by subsection B of this\nsection.\n\nH. In any action brought under subdivision C 2, C 3, or C 4 of this section, the\ntotal liability of a person or operator under this section for each discharge of\noil or threat of such discharge shall not exceed the amount of financial\nresponsibility required under § 62.1-44.34:16 or $10,000,000, whichever is\ngreater; however, there shall be no limit of liability imposed under this\nsection: (a) if the discharge of oil or threat of such discharge was caused by\ngross negligence or willful misconduct on the part of the person or the operator\ndischarging or causing or permitting discharge or threat of discharge or by an\nagent, employee or contractor of such person or operator, or by the violation of\nany applicable safety, construction or operation regulations by such person or\noperator or an agent, employee or contractor of such person or operator; or (b)\nif the operator or person discharging or causing or permitting a discharge or\nthreat of discharge failed or refused to report the discharge as required by\n§ 62.1-44.34:19, or failed or refused to cooperate fully in any containment\nand cleanup or to effect containment and cleanup as required by subsection B of\nthis section.\n\nI. An operator that incurs costs pursuant to subsection B shall have the right\nto recover all or part of such costs in an action for contribution against any\nperson or persons whose acts or omissions caused or contributed to the discharge\nor threat of discharge. In resolving contribution claims under this article, the\ncourt may allocate costs among the parties using such equitable factors as the\ncourt deems appropriate.\n\nJ. Any person or operator who pays costs or damages pursuant to subsection C\nshall have the right to recover all or part of such costs or damages in an\naction for contribution against any person or persons whose act or omission has\ncaused or contributed to the discharge or threat of discharge. In resolving\ncontribution claims under this article, the court may allocate costs or damages\namong the parties using such equitable factors as the court deems appropriate.\n\nHISTORY: 1973, c. 417; 1976, c. 51; 1978, c. 816; 1989, c. 627; 1990, cc. 917,\n962; 1992, c. 456; 1998, cc. 90, 836.","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}}