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§ 62.1-44.34:11
Virginia Petroleum Storage Tank Fund
A. The Virginia Petroleum Storage Tank Fund is hereby established as a
nonlapsing revolving fund to be used by the Board for (i) administering the
state regulatory programs authorized by Articles 9, 10 and 11 (§ 62.1-44.34:8
et seq.) of this chapter, (ii) demonstrating financial responsibility, and
(iii) other purposes as provided for by applicable provisions of state and
federal law. All expenses, costs, civil penalties, charges and judgments
recovered by or on behalf of the Board pursuant to Articles 9, 10 and 11 of
this chapter, and all moneys received as reimbursement in accordance with
applicable provisions of federal law and all fees collected pursuant to §§
62.1-44.34:19.1 and 62.1-44.34:21, shall be deposited into the Fund. Interest
earned on the Fund shall be credited to the Fund. No moneys shall be credited
to the balance in the Fund until they have been received by the Fund. The
Fund shall be established on the books of the Comptroller and any funds
remaining in such Fund at the end of the biennium shall not revert to the
general fund but shall remain in the Fund.
The Fund shall be administered by the Board consistent with the provisions of
Subtitle I of the federal Solid Waste Disposal Act (P.L. 98-616, § 9001 et
seq.) and any approved state underground storage tank program and in
accordance with the following provisions:
1. The Fund shall be maintained in a separate account. An accounting of
moneys received and disbursed shall be kept, and furnished upon request to
the Governor or the General Assembly.
2. Disbursements from the Fund may be made only for the following purposes:
a. Reasonable and necessary per occurrence costs incurred for releases
reported after December 22, 1989, by the owner or operator who is the
responsible person, in taking corrective action for any release of petroleum
into the environment from an underground storage tank which are in excess of
the per occurrence financial responsibility requirement imposed in subsection
B of § 62.1-44.34:12, up to http://leg1.state.va.us/cgi-bin/one million dollars.
b. Reasonable and necessary per occurrence costs incurred for releases
reported after December 22, 1989, by the owner or operator who is the
responsible person for compensating third parties, including payment of
judgments for bodily injury and property damage caused by the release of
petroleum into the environment from an underground storage tank, which are in
excess of the per occurrence financial responsibility requirement imposed by
subsection B of § 62.1-44.34:12, up to one million dollars. Disbursements for
third party claims shall be subordinate to disbursements for the corrective
action costs in subdivision A 2 a of this section.
c. Reasonable and necessary per occurrence costs incurred by an operator
whose net annual profits from all facilities do not exceed ten million
dollars for containment and cleanup of a release from a facility of a product
subject to § 62.1-44.34:13 as follows: (i) for an operator of a facility with
a storage capacity less than 25,000 gallons, per occurrence costs in excess
of $2,500 up to one million dollars; (ii) for an operator of a facility with
a storage capacity from 25,000 gallons to 100,000 gallons, per occurrence
costs in excess of $5,000 up to one million dollars; (iii) for an operator of
a facility with a storage capacity from 100,000 gallons to four million
gallons, per occurrence costs in excess of five cents per gallon of
aboveground storage capacity up to one million dollars; and (iv) for an
operator of a facility with a storage capacity greater than four million
gallons, per occurrence costs in excess of $200,000 up to one million
dollars. For purposes of this subdivision (2c), the per occurrence financial
responsibility requirements for an operator shall be based on the total
storage capacity for the facility from which the discharge occurs.
d. Reasonable and necessary per occurrence costs incurred by an operator
whose net annual profits from all facilities exceed ten million dollars for
containment and cleanup of a release from a facility of a product subject to
§ 62.1-44.34:13 as followhttp://leg1.state.va.us/cgi-bin/s: (i) for an operator of a facility with a storage
capacity less than four million gallons, per occurrence costs in excess of
$200,000 up to one million dollars; (ii) for an operator of a facility with a
storage capacity from four million gallons to twenty million gallons, per
occurrence costs in excess of five cents per gallon of aboveground storage
capacity up to one million dollars; and (iii) an operator of a facility with
a storage capacity greater than twenty million gallons shall have no access
to the Fund. For purposes of this subdivision, the per occurrence financial
responsibility requirements for an operator shall be based on the total
storage capacity for all facilities located within the Commonwealth.
e. Costs incurred by the Board in taking immediate corrective action to
contain or mitigate the effects of any release of petroleum into the
environment from an underground storage tank or from underground storage
tanks exempted in subdivisions 1 and 2 of the definition of underground
storage tank in § 62.1-44.34:10, if such action is necessary, in the judgment
of the Board, to protect human health and the environment.
f. Costs of corrective action up to one million dollars for any release of
petroleum into the environment from underground storage tanks or from
underground storage tanks exempted in subdivisions 1 and 2 of the definition
of underground storage tank in § 62.1-44.34:10 (i) whose owner or operator
cannot be determined by the Board within ninety days; or (ii) whose owner or
operator is incapable, in the judgment of the Board, of carrying out such
corrective action properly.
g. Costs of corrective action incurred by the Board for any release of
petroleum into the environment from underground storage tanks which are
otherwise specifically listed in exemptions 1 through 9 of the definition of
an underground storage tank in § 62.1-44.34:10.
h. Reasonable and necessary per occurrence costs of corrective action
incurred for releases reported after December 22, 1989, by the owner or
operator in excess of $500 up to one million dollars for any release of
petroleum into the environment from an underground storage tank exempted in
subdivisions 1 and 2 of the definition of an underground storage tank in §
62.1-44.34:10 and aboveground storage tanks with a capacity of 5,000 gallons
or less used for storing heating oil for consumption on the premises where
stored.
i. The "cost share" of corrective action with respect to any release of
petroleum into the environment from underground storage tanks undertaken
under a cooperative agreement with the Administrator of the United States
Environmental Protection Agency, as determined by the Administrator of the
United States Environmental Protection Agency in accordance with the
provisions of § 9003 (h) (7) (B) of the United States Public Law 98-616 (as
amended in 1986 by United States Public Law 99-662).
j. Administrative costs incurred by the Board in carrying out the provisions
of regulatory programs authorized by Articles 9, 10, and 11 (§ 62.1-44.34:8
et seq.) of this chapter.
k. All costs and expenses, including but not limited to personnel,
administrative, and equipment costs and expenses, directly incurred by the
Board or by any other state agency acting at the direction of the Board, in
and for the abatement, containment, removal and disposal of oil pursuant to
Article 11 (§ 62.1-44.34:14 et seq.) of Chapter 3.1 of this title.
l . Procurement, maintenance and replenishment of materials, equipment and
supplies, in such quantities and at such locations as the Board may deem
necessary, for the abatement, containment, removal and disposal of oil
pursuant to Article 11 (§ 62.1-44.34:14 et seq.) of Chapter 3.1 of this title.
m. Costs and expenses, incurred by the Board or by any other state agency,
acting at the direction of the Board, for the protection, cleanup and
rehabilitation of waterfowl, wildlife, shellfish beds and other natural
resources, damaged or threatened by the discharge of oil, owned by the
Commonwealth or held in trust by the Commonwealth for the benefit of its
citizens.
n. Refund of cash deposits held in escrow pursuant to Article 11 (§
62.1-44.34:14 et seq.) of Chapter 3.1 of this title and reasonable interest
thereon, and refunds of fees collected pursuant to § 62.1-44.34:21 as
authorized by this chapter.
o. Administrative costs incurred by the Department of Motor Vehicles in the
collection of fees specified in § 62.1-44.34:13.
p. Reasonable and necessary costs incurred by the Virginia Department of
Transportation in taking corrective action on property acquired for
transportation purposes. If the costs of taking corrective action are
recovered, in whole or in part, from any responsible party, the recovery
shall be deposited to the Fund.
q. Reasonable and necessary per occurrence costs for releases reported after
December 22, 1989, in taking corrective action for any release of petroleum
into the environment from an underground storage tank, which are in excess of
$5,000 up to one million dollars, by any person who, without participating in
the management of an underground storage tank or being otherwise engaged in
petroleum production, refining, and marketing, holds indicia of ownership
primarily to protect the holder's security interest in the tank.
3. No funds shall be paid for reimbursement of costs incurred for corrective
action taken prior to December 22, 1989, by an owner or operator of an
underground storage tank, or an owner of an underground storage tank exempted
in subdivisions 1 and 2 of the definition of an underground storage tank in §
62.1-44.34:10, or an owner of an aboveground storage tank with a capacity of
5,000 gallons or less used for storing heating oil for consumption on the
premises where stored.
4. No funds shall be paid for reimbursement of costs incurred prior to
January 1, 1992, by an operator of a facility for containment and cleanup of
a release from a facility of a product subject to § 62.1-44.34:13
5. No funds shall be paid for reimbursement of moneys expended for payment of
interest or other finance charges on loans which were used for corrective
action or containment and cleanup of a release by a person in subdivisions A
3 or A 4 of this section, except for an owner or operator which is exempt
from taxation under § 501 (c) (3) of the Internal Revenue Code, provided
that: (i) the loan moneys have been paid for corrective action that was
pre-approved by the Board, (ii) any and all disbursements received from the
Fund shall be paid against the loan or for interest and points, and (iii) the
payment of interest and points under this subdivision shall be limited to
five years from the date the release is reported to the Board. The Board may
extend the period for payment of interest and points if, in the judgment of
the Board, such action is necessary. The restrictions imposed in clauses (i),
(ii) and (iii) shall not apply to loans made prior to June 1, 1992, to an
owner or operator exempt from taxation under § 501 (c) (3) of the Internal
Revenue Code.
6. No funds shall be paid for penalties, charges or fines imposed pursuant to
any applicable local, state or federal law.
7. No funds shall be paid for containment and cleanup costs that are
reimbursed or are reimbursable from other applicable state or federal
programs.
8. No funds shall be paid if the operator of the facility has not complied
with applicable statutes or regulations governing reporting, prevention,
containment and cleanup of a discharge of oil.
9. No funds shall be paid if the owner or operator of an underground storage
tank or the operator of an aboveground storage tank facility fails to report
a release of petroleum or a discharge of oil to the Board as required by
applicable statutes, laws or regulations.
10. No funds shall be paid from the Fund unless a reimbursement claim has
been filed with the Board within two years from the date the Board issues a
site remediation closure letter for that release or July 1, 2000, whichever
date is later.
11. The Fund balance shall be maintained at a level sufficient to ensure that
the Fund can serve as a financial responsibility demonstration mechanism for
the owners and operators of underground storage tanks. Any disbursements made
by the Board pursuant to subdivision 2 of this subsection may be temporarily
reduced or delayed, in whole or in part, if such action is necessary, in the
judgment of the Board, to maintain the Fund balance.
B. The Board shall seek recovery of moneys expended from the Fund for
corrective action under this section where the owner or operator of an
underground storage tank has violated substantive environmental protection
rules and regulations pertaining to underground storage tanks which have been
promulgated by the Board.
C. For costs incurred for corrective action as authorized in subdivision A 2
e of this section, the Board shall seek recovery of moneys from the owner or
operator of an underground storage tank up to the minimum financial
responsibility requirement imposed on the owner or operator in subsection B
of § 62.1-44.34:12 if any, ohttp://leg1.state.va.us/cgi-bin/r seek recovery of such costs incurred from any
available federal government funds.
D. For costs incurred for corrective action taken resulting from a release
from underground storage tanks specified in subdivision A 2 f of this
section, the Board shall seek recovery of moneys from the owner or operator
up to the minimum financial responsibility requirement imposed on the owner
or operator in subsection B of § 62.1-44.34:12 if any, or seek recovery of
such costs incurred from any available federal government funds.
E. The Board shall seek recovery of moneys expended from the Fund for costs
incurred for corrective action as authorized in subdivision A 2 g of this
section or seek recovery of such costs incurred from any available federal
government funds. However, the Board shall not seek recovery of moneys
expended from the Fund for costs of corrective action in excess of $500 from
the owner or operator of an underground tank exempted in subdivisions 1 and 2
of the definition of underground storage tank in § 62.1-44.34:10 and
aboveground storage tanks with a capacity of 5,000 gallons or less used for
storing heating oil for consumption on the premises where stored.
F. The Board shall have the right of subrogation for moneys expended from the
Fund as compensation for personal injury, death or property damage against
any person who is liable for such injury, death or damage.
G. The Board shall promptly initiate an action to recover all costs and
expenses incurred by the Commonwealth for investigation, containment and
cleanup of a discharge of oil or threat of discharge against any person
liable for a discharge of oil as specified in Article 11 (§ 62.1-44.34:14 et
seq.) of Chapter 3.1 of this title; however, the Board shall seek recovery
from an operator of expenditures from the Fund only in the amount by which
such expenditures exceed the amount authorized to be disbursed to the
operator under subdivisions A 2 through A 8 of this section.
The information on this page was taken directly from the Commonwealth of Virginia Legislative Information System, which can be found at http://leg1.state.va.us/. Unfortunately, this particular document no longer exists in their current database.
Go to the Virginia Department of Environmental Quality's VPSTF page.
Return to our main "Leaking Underground Storage Tanks" page
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