                                 CODE OF VIRGINIA

POWERS AND DUTIES OF BOARD (§ 62.1-44.34:9)

The Board is responsible for carrying out the provisions of this article and
compatible provisions of federal acts and is authorized to:

1. Enforce the interim prohibition provisions in &#xA7; 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:
			a. Will prevent releases due to corrosion or structural failure for the
operational life of the tank;
			b. 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
			c. The material used in the construction or lining of the tank is compatible
with the substance to be stored.

2. Exercise general supervision and control over underground storage tank
activities in this Commonwealth.

3. Provide technical assistance and advice concerning all aspects of underground
storage tank management.

4. Collect such data and information as may be necessary to conduct the state
underground storage tank program.

5. Apply for such federal funds as may become available under federal acts and
transmit such funds to appropriate persons.

6. Require notification by owners of underground storage tanks in accordance
with the provisions of &#xA7; 9002 of United States Public Law 98-616.

7. 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 &#xA7; 9006 (d) of
United States Public Law 98-616 shall not apply to the foregoing notification
requirement.

8. 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.

9. 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.

10. Seek recovery of costs incurred, excluding moneys expended from the Virginia
Petroleum Storage Tank Fund which are governed by &#xA7; 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.

HISTORY: 1987, c. 528; 1989, c. 430; 1992, c. 819; 1993, c. 231; 1996, c. 737.