{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/62.1-44.34_23.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/62.1-44.34_23.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/62.1-44.34_23.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/62.1-44.34_23.html"}],"law_id":67138,"edition_id":1,"section_id":67138,"structure_id":14927,"section_number":"62.1-44.34:23","catch_line":"Exceptions","history":"1978, c. 816; 1987, c. 677; 1990, c. 917; 1992, cc. 302, 456; 1993, cc. 18, 231; 1994, c. 416.","full_text":"A\n\nNothing in this article shall apply to: (i) normal discharges from properly functioning vehicles and equipment, marine engines, outboard motors or hydroelectric facilities; (ii) accidental discharges from farm vehicles or noncommercial vehicles; (iii) accidental discharges from the fuel tanks of commercial vehicles or vessels that have a fuel tank capacity of 150 gallons or less; (iv) discharges authorized by a valid permit issued by the Board pursuant to § 62.1-44.15 (5) or by the United States Environmental Protection Agency; (v) underground storage tanks regulated under a state program; (vi) releases from underground storage tanks as defined in § 62.1-44.34:8, regardless of when the release occurred; (vii) discharges of hydrostatic test media from a pipeline undergoing a hydrostatic test in accordance with federal pipeline safety regulations; or (viii) discharges authorized by the federal on-scene coordinator and the Executive Director or his designee in connection with activities related to the recovery of spilled oil where such activities are undertaken to minimize overall environmental damage due to an oil spill into or on state waters. However, the exception provided in clause (viii) shall in no way reduce the liability of the person who initially spilled the oil which is being recovered.B\n\nNotwithstanding the exemption set forth in clause (vi) of subsection A of this section, a political subdivision may recover pursuant to subsection C of § 62.1-44.34:18 for a discharge of oil into or upon state waters, lands, or storm drain systems from an underground storage tank regulated under a state program at facilities with an aggregate capacity of one million gallons or greater.","order_by":null,"text":{"0":{"id":243318,"text":"Nothing in this article shall apply to: (i) normal discharges from properly functioning vehicles and equipment, marine engines, outboard motors or hydroelectric facilities; (ii) accidental discharges from farm vehicles or noncommercial vehicles; (iii) accidental discharges from the fuel tanks of commercial vehicles or vessels that have a fuel tank capacity of 150 gallons or less; (iv) discharges authorized by a valid permit issued by the Board pursuant to § 62.1-44.15 (5) or by the United States Environmental Protection Agency; (v) underground storage tanks regulated under a state program; (vi) releases from underground storage tanks as defined in § 62.1-44.34:8, regardless of when the release occurred; (vii) discharges of hydrostatic test media from a pipeline undergoing a hydrostatic test in accordance with federal pipeline safety regulations; or (viii) discharges authorized by the federal on-scene coordinator and the Executive Director or his designee in connection with activities related to the recovery of spilled oil where such activities are undertaken to minimize overall environmental damage due to an oil spill into or on state waters. However, the exception provided in clause (viii) shall in no way reduce the liability of the person who initially spilled the oil which is being recovered.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":243319,"text":"Notwithstanding the exemption set forth in clause (vi) of subsection A of this section, a political subdivision may recover pursuant to subsection C of § 62.1-44.34:18 for a discharge of oil into or upon state waters, lands, or storm drain systems from an underground storage tank regulated under a state program at facilities with an aggregate capacity of one million gallons or greater.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A"}},"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":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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/62.1-44.34:23\/","history_text":"

This law was first created in 1978. The record of its establishment is cataloged in chapter 816 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 1978 \u201cActs\u201d aren\u2019t available online. It has been modified 5 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 1987, chapter 677; in 1990, chapter 917; in 1992, chapters 302 and 456; in 1993, chapters 18 and 231; in 1994, chapter 416<\/a>.<\/p>","references":false,"refers_to":[{"id":56006,"section_number":"62.1-44.15","catch_line":"Powers and duties; civil penalties","order_by":null,"url":"\/62.1-44.15\/"},{"id":76130,"section_number":"62.1-44.34:18","catch_line":"Discharge of oil prohibited; liability for permitting discharge","order_by":null,"url":"\/62.1-44.34_18\/"},{"id":59286,"section_number":"62.1-44.34:8","catch_line":"Definitions","order_by":null,"url":"\/62.1-44.34_8\/"}],"permalink":{"id":269269,"object_type":"law","relational_id":67138,"identifier":"62.1-44.34:23","token":"62.1\/3.1\/11\/62.1-44.34_23","url":"\/62.1-44.34_23\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/62.1-44.34_23\/","token":"62.1\/3.1\/11\/62.1-44.34_23","dublin_core":{"Title":"Exceptions","Type":"Text","Format":"text\/html","Identifier":"\u00a7 62.1-44.34:23","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Nothing in this article shall apply to: (i) normal discharges<\/span> from properly functioning vehicles<\/span> and equipment, marine engines, outboard motors or hydroelectric facilities; (ii) accidental discharges<\/span> from farm vehicles<\/span> or noncommercial vehicles<\/span>; (iii) accidental discharges<\/span> from the fuel tanks<\/span> of commercial vehicles<\/span> or vessels<\/span> that have a fuel tank<\/span> capacity of 150 gallons or less; (iv) discharges<\/span> authorized by a valid permit issued by the Board<\/span> pursuant to § 62.1-44.15<\/a> (5) or by the United States Environmental Protection Agency; (v) underground storage tanks<\/span> regulated under a state program; (vi) releases from underground storage tanks<\/span> as defined in § 62.1-44.34:8<\/a>, regardless of when the release occurred; (vii) discharges<\/span> of hydrostatic test media from a pipeline<\/span> undergoing a hydrostatic test in accordance with federal pipeline<\/span> safety regulations<\/span>; or (viii) discharges<\/span> authorized by the federal on-scene coordinator and the Executive Director<\/span> or his designee in connection with activities related to the recovery of spilled oil<\/span> where such activities are undertaken to minimize overall environmental damage due to an oil<\/span> spill into or on state waters<\/span>. However, the exception provided in clause (viii) shall in no way reduce the liability of the person<\/span> who initially spilled the oil<\/span> which is being recovered. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Notwithstanding the exemption set forth in clause (vi) of subsection A of this section, a political subdivision may recover pursuant to subsection C of § 62.1-44.34:18<\/a> for a discharge<\/span> of oil<\/span> into or upon state waters<\/span>, lands, or storm drain systems from an underground storage tank<\/span> regulated under a state program at facilities with an aggregate capacity of one million gallons or greater. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nEXCEPTIONS (\u00a7 62.1-44.34:23)\n\nA. Nothing in this article shall apply to: (i) normal discharges from properly\nfunctioning vehicles and equipment, marine engines, outboard motors or\nhydroelectric facilities; (ii) accidental discharges from farm vehicles or\nnoncommercial vehicles; (iii) accidental discharges from the fuel tanks of\ncommercial vehicles or vessels that have a fuel tank capacity of 150 gallons or\nless; (iv) discharges authorized by a valid permit issued by the Board pursuant\nto § 62.1-44.15 (5) or by the United States Environmental Protection\nAgency; (v) underground storage tanks regulated under a state program; (vi)\nreleases from underground storage tanks as defined in § 62.1-44.34:8,\nregardless of when the release occurred; (vii) discharges of hydrostatic test\nmedia from a pipeline undergoing a hydrostatic test in accordance with federal\npipeline safety regulations; or (viii) discharges authorized by the federal\non-scene coordinator and the Executive Director or his designee in connection\nwith activities related to the recovery of spilled oil where such activities are\nundertaken to minimize overall environmental damage due to an oil spill into or\non state waters. However, the exception provided in clause (viii) shall in no\nway reduce the liability of the person who initially spilled the oil which is\nbeing recovered.\n\nB. Notwithstanding the exemption set forth in clause (vi) of subsection A of\nthis section, a political subdivision may recover pursuant to subsection C of\n§ 62.1-44.34:18 for a discharge of oil into or upon state waters, lands, or\nstorm drain systems from an underground storage tank regulated under a state\nprogram at facilities with an aggregate capacity of one million gallons or\ngreater.\n\nHISTORY: 1978, c. 816; 1987, c. 677; 1990, c. 917; 1992, cc. 302, 456; 1993, cc.\n18, 231; 1994, c. 416.","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}}