{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/62.1-44.34_9.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/62.1-44.34_9.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/62.1-44.34_9.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/62.1-44.34_9.html"}],"law_id":62645,"edition_id":1,"section_id":62645,"structure_id":15541,"section_number":"62.1-44.34:9","catch_line":"Powers and duties of Board","history":"1987, c. 528; 1989, c. 430; 1992, c. 819; 1993, c. 231; 1996, c. 737.","full_text":"The Board is responsible for carrying out the provisions of this article and compatible provisions of federal acts and is authorized to:\n\n1\n\nEnforce the interim prohibition provisions in § 9003 (g) of United States Public Law 98-616. Until state underground storage tank standards promulgated by regulation become effective, the Board shall enforce the federal interim standard which prohibits installation of an underground storage tank for the purpose of storing regulated substances unless such tank:\n\t\t\ta. Will prevent releases due to corrosion or structural failure for the operational life of the tank;\n\t\t\tb. Is cathodically protected against corrosion, constructed of noncorrosive material, or designed in a manner to prevent the release or threatened release of any stored substance; and\n\t\t\tc. The material used in the construction or lining of the tank is compatible with the substance to be stored.2\n\nExercise general supervision and control over underground storage tank activities in this Commonwealth.3\n\nProvide technical assistance and advice concerning all aspects of underground storage tank management.4\n\nCollect such data and information as may be necessary to conduct the state underground storage tank program.5\n\nApply for such federal funds as may become available under federal acts and transmit such funds to appropriate persons.6\n\nRequire notification by owners of underground storage tanks in accordance with the provisions of § 9002 of United States Public Law 98-616.7\n\nRequire notification by owners of property who have actual knowledge of underground storage tanks on such property that were taken out of service before January 1, 1974; however, the civil penalties specified in § 9006 (d) of United States Public Law 98-616 shall not apply to the foregoing notification requirement.8\n\nPromulgate such regulations as may be necessary to carry out its powers and duties with regard to underground storage tanks in accordance with applicable federal laws and regulations.9\n\nRequire the owner or operator of an underground storage tank who is the responsible person for the release to undertake corrective action for any release of petroleum or any other regulated substance when the Board determines that such corrective action will be done properly and promptly by the owner or operator of the underground storage tank from which the release occurs, regardless of when the release occurred; or undertake corrective action for any release of petroleum or any other regulated substance into the environment from an underground storage tank if such action is necessary, in the judgment of the Board, to protect human health and the environment.10\n\nSeek recovery of costs incurred, excluding moneys expended from the Virginia Petroleum Storage Tank Fund which are governed by § 62.1-44.34:11, for undertaking corrective action or enforcement action with respect to the release of a regulated substance from an underground storage tank or oil from a facility.","order_by":null,"text":{"0":{"id":228402,"text":"The Board is responsible for carrying out the provisions of this article and compatible provisions of federal acts and is authorized to:","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"next_prefix":"1"},"1":{"id":228403,"text":"Enforce the interim prohibition provisions in § 9003 (g) of United States Public Law 98-616. Until state underground storage tank standards promulgated by regulation become effective, the Board shall enforce the federal interim standard which prohibits installation of an underground storage tank for the purpose of storing regulated substances unless such tank:\n\t\t\ta. Will prevent releases due to corrosion or structural failure for the operational life of the tank;\n\t\t\tb. Is cathodically protected against corrosion, constructed of noncorrosive material, or designed in a manner to prevent the release or threatened release of any stored substance; and\n\t\t\tc. The material used in the construction or lining of the tank is compatible with the substance to be stored.","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"","next_prefix":"2"},"2":{"id":228404,"text":"Exercise general supervision and control over underground storage tank activities in this Commonwealth.","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"3"},"3":{"id":228405,"text":"Provide technical assistance and advice concerning all aspects of underground storage tank management.","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2","next_prefix":"4"},"4":{"id":228406,"text":"Collect such data and information as may be necessary to conduct the state underground storage tank program.","type":"section","prefixes":["4"],"prefix":"4","entire_prefix":"4","prefix_anchor":"4","level":1,"prior_prefix":"3","next_prefix":"5"},"5":{"id":228407,"text":"Apply for such federal funds as may become available under federal acts and transmit such funds to appropriate persons.","type":"section","prefixes":["5"],"prefix":"5","entire_prefix":"5","prefix_anchor":"5","level":1,"prior_prefix":"4","next_prefix":"6"},"6":{"id":228408,"text":"Require notification by owners of underground storage tanks in accordance with the provisions of § 9002 of United States Public Law 98-616.","type":"section","prefixes":["6"],"prefix":"6","entire_prefix":"6","prefix_anchor":"6","level":1,"prior_prefix":"5","next_prefix":"7"},"7":{"id":228409,"text":"Require notification by owners of property who have actual knowledge of underground storage tanks on such property that were taken out of service before January 1, 1974; however, the civil penalties specified in § 9006 (d) of United States Public Law 98-616 shall not apply to the foregoing notification requirement.","type":"section","prefixes":["7"],"prefix":"7","entire_prefix":"7","prefix_anchor":"7","level":1,"prior_prefix":"6","next_prefix":"8"},"8":{"id":228410,"text":"Promulgate such regulations as may be necessary to carry out its powers and duties with regard to underground storage tanks in accordance with applicable federal laws and regulations.","type":"section","prefixes":["8"],"prefix":"8","entire_prefix":"8","prefix_anchor":"8","level":1,"prior_prefix":"7","next_prefix":"9"},"9":{"id":228411,"text":"Require the owner or operator of an underground storage tank who is the responsible person for the release to undertake corrective action for any release of petroleum or any other regulated substance when the Board determines that such corrective action will be done properly and promptly by the owner or operator of the underground storage tank from which the release occurs, regardless of when the release occurred; or undertake corrective action for any release of petroleum or any other regulated substance into the environment from an underground storage tank if such action is necessary, in the judgment of the Board, to protect human health and the environment.","type":"section","prefixes":["9"],"prefix":"9","entire_prefix":"9","prefix_anchor":"9","level":1,"prior_prefix":"8","next_prefix":"10"},"10":{"id":228412,"text":"Seek recovery of costs incurred, excluding moneys expended from the Virginia Petroleum Storage Tank Fund which are governed by § 62.1-44.34:11, for undertaking corrective action or enforcement action with respect to the release of a regulated substance from an underground storage tank or oil from a facility.","type":"section","prefixes":["10"],"prefix":"10","entire_prefix":"10","prefix_anchor":"10","level":1,"prior_prefix":"9"}},"ancestry":[{"id":15541,"edition_id":1,"name":"Storage Tanks","identifier":"9","label":"article","depth":3,"order_by":1,"parent_id":13014,"metadata":{},"date_created":"2026-06-26 03:56:10","date_modified":"2026-06-26 03:56:10","permalink":{"id":270043,"object_type":"structure","relational_id":15541,"identifier":"9","token":"62.1\/3.1\/9","url":"\/62.1\/3.1\/9\/","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":59286,"structure_id":15541,"section_number":"62.1-44.34:8","catch_line":"Definitions","url":"\/62.1-44.34_8\/","token":"62.1\/3.1\/9\/62.1-44.34_8","metadata":false},{"id":62645,"structure_id":15541,"section_number":"62.1-44.34:9","catch_line":"Powers and duties of Board","url":"\/62.1-44.34_9\/","token":"62.1\/3.1\/9\/62.1-44.34_9","metadata":false}],"previous_section":{"id":59286,"structure_id":15541,"section_number":"62.1-44.34:8","catch_line":"Definitions","url":"\/62.1-44.34_8\/","token":"62.1\/3.1\/9\/62.1-44.34_8","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/62.1-44.34:9\/","history_text":"

This law was first created in 1987. The record of its establishment is cataloged in chapter 528 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1987 \u201cActs\u201d aren\u2019t available online. It has been modified 4 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1989, chapter 430; in 1992, chapter 819; in 1993, chapter 231; in 1996, chapter 737<\/a>.<\/p>","references":false,"refers_to":[{"id":75515,"section_number":"62.1-44.34:11","catch_line":"Virginia Petroleum Storage Tank Fund","order_by":null,"url":"\/62.1-44.34_11\/"}],"permalink":{"id":270049,"object_type":"law","relational_id":62645,"identifier":"62.1-44.34:9","token":"62.1\/3.1\/9\/62.1-44.34_9","url":"\/62.1-44.34_9\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/62.1-44.34_9\/","token":"62.1\/3.1\/9\/62.1-44.34_9","dublin_core":{"Title":"Powers and duties of Board","Type":"Text","Format":"text\/html","Identifier":"\u00a7 62.1-44.34:9","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

The Board<\/span> is responsible for carrying out the provisions of this article and compatible provisions of federal acts and is authorized to:<\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Enforce the interim prohibition provisions in § 9003 (g) of United States Public Law<\/span> 98-616. Until state underground storage tank<\/span> standards<\/span> promulgated by regulation<\/span> become effective, the Board<\/span> shall enforce the federal interim standard which prohibits installation of an underground storage tank<\/span> for the purpose of storing regulated substances<\/span> unless such tank:\n\t\t\ta. Will prevent releases<\/span> due to corrosion or structural failure for the operational life of the tank;\n\t\t\tb. Is cathodically protected against corrosion, constructed of noncorrosive material<\/span>, or designed in a manner to prevent the release<\/span> or threatened release<\/span> of any stored substance; and\n\t\t\tc. The material<\/span> used in the construction or lining of the tank is compatible with the substance to be stored. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Exercise general supervision and control over underground storage tank<\/span> activities in this Commonwealth. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Provide technical assistance and advice concerning all aspects of underground storage tank<\/span> management. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Collect such data and information as may be necessary to conduct the state underground storage tank<\/span> program. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Apply for such federal funds as may become available under federal acts and transmit such funds to appropriate persons<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> Require notification by owners<\/span> of underground storage tanks<\/span> in accordance with the provisions of § 9002 of United States Public Law<\/span> 98-616. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> Require notification by owners<\/span> of property who have actual knowledge of underground storage tanks<\/span> on such property that were taken out of service before January 1, 1974; however, the civil penalties specified in § 9006 (d) of United States Public Law<\/span> 98-616 shall not apply to the foregoing notification requirement. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

8.<\/span> Promulgate such regulations<\/span> as may be necessary to carry out its powers and duties with regard to underground storage tanks<\/span> in accordance with applicable federal laws<\/span> and regulations<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

9.<\/span> Require the owner<\/span> or operator of an underground storage tank<\/span><\/span> who is the responsible person<\/span> for the release<\/span> to undertake corrective action for any release<\/span> of petroleum or any other regulated substance<\/span> when the Board<\/span> determines that such corrective action will be done properly and promptly by the owner<\/span> or operator of the underground storage tank<\/span> from which the release<\/span> occurs, regardless of when the release<\/span> occurred; or undertake corrective action for any release<\/span> of petroleum or any other regulated substance<\/span> into the environment from an underground storage tank<\/span> if such action is necessary, in the judgment<\/span> of the Board<\/span>, to protect human health and the environment. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

10.<\/span> Seek recovery of costs incurred, excluding moneys expended from the Virginia Petroleum Storage Tank Fund which are governed by § 62.1-44.34:11<\/a>, for undertaking corrective action or enforcement action with respect to the release<\/span> of a regulated substance<\/span> from an underground storage tank<\/span> or oil<\/span> from a facility<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPOWERS AND DUTIES OF BOARD (\u00a7 62.1-44.34:9)\n\nThe Board is responsible for carrying out the provisions of this article and\ncompatible provisions of federal acts and is authorized to:\n\n1. Enforce the interim prohibition provisions in § 9003 (g) of United\nStates Public Law 98-616. Until state underground storage tank standards\npromulgated by regulation become effective, the Board shall enforce the federal\ninterim standard which prohibits installation of an underground storage tank for\nthe purpose of storing regulated substances unless such tank:\n\t\t\ta. Will prevent releases due to corrosion or structural failure for the\noperational life of the tank;\n\t\t\tb. Is cathodically protected against corrosion, constructed of noncorrosive\nmaterial, or designed in a manner to prevent the release or threatened release\nof any stored substance; and\n\t\t\tc. The material used in the construction or lining of the tank is compatible\nwith the substance to be stored.\n\n2. Exercise general supervision and control over underground storage tank\nactivities in this Commonwealth.\n\n3. Provide technical assistance and advice concerning all aspects of underground\nstorage tank management.\n\n4. Collect such data and information as may be necessary to conduct the state\nunderground storage tank program.\n\n5. Apply for such federal funds as may become available under federal acts and\ntransmit such funds to appropriate persons.\n\n6. Require notification by owners of underground storage tanks in accordance\nwith the provisions of § 9002 of United States Public Law 98-616.\n\n7. Require notification by owners of property who have actual knowledge of\nunderground storage tanks on such property that were taken out of service before\nJanuary 1, 1974; however, the civil penalties specified in § 9006 (d) of\nUnited States Public Law 98-616 shall not apply to the foregoing notification\nrequirement.\n\n8. Promulgate such regulations as may be necessary to carry out its powers and\nduties with regard to underground storage tanks in accordance with applicable\nfederal laws and regulations.\n\n9. Require the owner or operator of an underground storage tank who is the\nresponsible person for the release to undertake corrective action for any\nrelease of petroleum or any other regulated substance when the Board determines\nthat such corrective action will be done properly and promptly by the owner or\noperator of the underground storage tank from which the release occurs,\nregardless of when the release occurred; or undertake corrective action for any\nrelease of petroleum or any other regulated substance into the environment from\nan underground storage tank if such action is necessary, in the judgment of the\nBoard, to protect human health and the environment.\n\n10. Seek recovery of costs incurred, excluding moneys expended from the Virginia\nPetroleum Storage Tank Fund which are governed by § 62.1-44.34:11, for\nundertaking corrective action or enforcement action with respect to the release\nof a regulated substance from an underground storage tank or oil from a\nfacility.\n\nHISTORY: 1987, c. 528; 1989, c. 430; 1992, c. 819; 1993, c. 231; 1996, c. 737.","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}}