                                 CODE OF VIRGINIA

OIL DISCHARGE CONTINGENCY PLANS (§ 62.1-44.34:15)

A. No operator shall cause or permit the operation of a facility in the
Commonwealth unless an oil discharge contingency plan applicable to the facility
has been filed with and approved by the Board. No operator shall cause or permit
a tank vessel to transport or transfer oil in state waters unless an oil
discharge contingency plan applicable to the tank vessel has been filed with and
approved by the Board or a vessel response plan applicable to the tank vessel
and approved by the U.S. Coast Guard, pursuant to &#xA7; 4202 of the federal Oil
Pollution Act of 1990.

B. Application for approval of an oil discharge contingency plan shall be made
to the Board and shall be accompanied by plans, specifications, maps and such
other relevant information as may be required, in scope and detail satisfactory
to the Board. An oil discharge contingency plan must conform to the requirements
and standards determined by the Board to be necessary to ensure that the
applicant can take such steps as are necessary to protect environmentally
sensitive areas, to respond to the threat of an oil discharge, and to contain,
clean up and mitigate an oil discharge within the shortest feasible time. Each
such plan shall provide for the use of the best available technology at the time
the plan is submitted for approval. The applicant shall notify the Board
immediately of any significant change in the operation or capacity of or the
type of product dealt in, stored, handled, transported or transferred in or by
any facility or vessel covered by the plan that will necessitate a change in the
plan and shall update the plan periodically as required by the Board, but in no
event more frequently than once every 36 months. The Board, on a finding of
need, may require an oil discharge exercise designed to demonstrate the
facility&#8217;s or vessel&#8217;s ability to implement its oil discharge
contingency plan either before or after the plan is approved.

C. The Board, after notice and opportunity for a conference pursuant to §
2.2-4019, may modify its approval of an oil discharge contingency plan if it
determines that:

   1. A change has occurred in the operation of any facility or vessel covered by
   the plan that necessitates an amended or supplemented plan;

   2. The facility&#8217;s or vessel&#8217;s discharge experience or its
   inability to implement its plan in an oil discharge exercise demonstrates a
   necessity for modification; or

   3. There has been a significant change in the best available technology since
   the plan was approved.

D. The Board, after notice and opportunity for hearing, may revoke its approval
of an oil discharge contingency plan if it determines that:

   1. Approval was obtained by fraud or misrepresentation;

   2. The plan cannot be implemented as approved; or

   3. A term or condition of approval has been violated.

HISTORY: 1990, c. 917; 2004, c. 276.