                                 CODE OF VIRGINIA

EXCEPTIONS (§ 62.1-44.34:23)

A. 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 &#xA7; 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 &#xA7; 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. Notwithstanding the exemption set forth in clause (vi) of subsection A of
this section, a political subdivision may recover pursuant to subsection C of
&#xA7; 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.

HISTORY: 1978, c. 816; 1987, c. 677; 1990, c. 917; 1992, cc. 302, 456; 1993, cc.
18, 231; 1994, c. 416.