                                 CODE OF VIRGINIA

DISCHARGE OF OIL PROHIBITED; LIABILITY FOR PERMITTING DISCHARGE (§
62.1-44.34:18)

A. 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.

B. 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.

C. 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:

   1. 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;

   2. 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;

   3. 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

   4. 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.

D. 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&#8217;s negligence, and
for damages caused by that person&#8217;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&#8217;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 &#xA7; 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. 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.

F. 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&#8217; fees and costs.

G. 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 &#xA7; 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. 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 &#xA7; 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
&#xA7; 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. 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.

J. 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.

HISTORY: 1973, c. 417; 1976, c. 51; 1978, c. 816; 1989, c. 627; 1990, cc. 917,
962; 1992, c. 456; 1998, cc. 90, 836.