§ 185. Permit system

(a) Except as provided in this chapter and any rules and regulations promulgated hereto, the discharge of any pollutant into the waters of the United States Virgin Islands or the causing of pollution of the waters of the Virgin Islands, by any person, shall be unlawful.

(b) It shall be unlawful for any person to carry on any of the following activities unless he holds a current permit therefor from the Commissioner, as is required by him, for the disposal of all wastes which are or may be discharged thereby into the waters of the United States Virgin Islands and the issuance of any permit under this chapter shall be in accordance with section 401 of the Federal Clean Water Act and shall constitute the certification required for activities thereunder:

• (1) the construction, installation, modification or operation of any disposal system or part thereof or any extension or addition thereto;

• (2) the increase in volume or strength of any pollutants in excess of the permissive discharge specified under any existing permit;

• (3) the construction, installation or operation of any industrial, commercial or other establishment, or any extension or modification thereof, the operation or addition of which would cause an increase in the discharge of pollutants into the waters of the United States Virgin Islands or would otherwise alter the physical, chemical or biological properties of any waters of the United States Virgin Islands in any manner not already lawfully authorized;

• (4) the construction or use of any new outlet for the discharge of any pollutants into the waters of the United States Virgin Islands;

• (5) the disposal of any pollutants into wells.

(c) The Commissioner, under such conditions as he may prescribe, may require the submission of such plans, specifications, and other information as he deems necessary to carry out the provisions of this chapter or to carry out the rules and regulations adopted pursuant thereto.

(d) Issuance of permits.

• The Commissioner may, after public notice and opportunity for public hearing, issue a permit for the discharge of any pollutant or combination of pollutants into the waters of the United States Virgin Islands notwithstanding paragraph (a) of this section upon condition that such discharge meets or will meet all applicable territorial and federal water quality standards and effluent limitations and all other requirements of this chapter. In addition, the Commissioner shall give notice to appropriate governmental agencies of proposed actions concerning the issuance of permits.

(e) Duration of permits.

• Each permit issued under this chapter shall be issued for a specified term not to exceed five years. Upon expiration of a permit, a new permit may be issued by the Commissioner, after review by him in accordance with such rules and regulations as he may prescribe, after notice and opportunity for public hearing, and upon condition that the discharge meets or will meet all applicable territorial and Federal water quality standards, effluent limitations and all other requirements of this chapter; provided, that when a permittee has made timely and sufficient application for a renewal or a new permit in accordance with the aforementioned rules and regulations, a permit with reference to an activity of a continuing nature shall not expire until the application has been finally acted upon by the Commissioner.

(f) General terms and conditions of permits.

• (1) The Commissioner is authorized to require as conditions for permits issued under this chapter the achievement of:

  • (A) effluent limitations based upon the application of such levels of treatment technology and processes as are required under the Federal Water Pollution Control Act, as amended and the rules and regulations promulgated thereunder; and

  • (B) any more stringent effluent limitations necessary to meet water quality criteria established pursuant to any territorial or federal law or regulation;

• (2) The Commissioner is further authorized to:

  • (A) set and revise schedules of compliance, including interim compliance dates, and include such schedules within the terms and conditions of permits for the discharge of pollutants as may be required under this chapter or by the Federal Clean Water Act and the rules promulgated thereunder; and

  • (B) prescribe terms and conditions for permits issued under this chapter to assure compliance with applicable territorial and federal effluent limitations and water quality criteria, including requirements concerning recording, reporting, monitoring, entry and inspection, to the extent permissible under section 189 of this chapter, and such other requirements as are consistent with the purposes of this chapter.

(g) Prohibitions against issuing permits in certain instances.

• No permit shall be issued authorizing any of the following discharges:

  • (1) The discharge of any radiological, chemical or biological warfare agent or high-level radioactive waste or medical waste;

  • (2) Any discharge which the Secretary of the Army, acting through the Chief of Engineers, finds would substantially impair anchorage and navigation of any waters of the United States;

  • (3) Any discharge that is in conflict with the Federal Clean Water Act or any discharge to which the Administrator of the U.S. Environmental Protection Agency, or his designee, has objected pursuant to any right provided to the Administrator under the Federal Water Pollution Control Act, as amended;

  • (4) Any discharge which is in conflict with an area-wide waste treatment management plan approved under the Federal Water Pollution Control Act, as amended.

(h) Permit conditions concerning publicly owned treatment works.

• (1) The Commissioner shall impose as conditions in permits for the discharge of pollutants from publicly owned treatment works, requirements for information to be provided by the permittee concerning (A) new introductions of pollutants into such works from any source; and (B) substantial changes in the volume or character of pollutants being introduced into such treatment works.

• (2) The Commissioner is authorized to impose as conditions in permits for the discharge of pollutants from publicly owned treatment works appropriate measures to establish and insure compliance by industrial users with any system of user charges required under United States Virgin Islands or federal law or any regulations or guidelines promulgated thereunder.

• (3) The Commissioner is authorized to impose as conditions in permits for the discharge of pollutants from publicly owned treatment works appropriate measures to insure compliance by industrial users of any toxic pollutant effluent standards and pretreatment standards required by federal or territorial law and the Commissioner may issue permits for pretreatment of discharges of pollutants into publicly-owned treatment works.

(i) Revocation, modification of permits.

• Any permit issued under this chapter may be revoked, modified, or revised, in whole or in part, during its term for cause, including, but not limited to the following:

  • (1) violation of any condition of the permit, including any interim schedule of compliance;

  • (2) obtaining a permit by misrepresentation or failure to disclose fully all relevant facts;

  • (3) change in any condition that requires either a temporary or permanent reduction or elimination of the permitted discharge;

  • (4) promulgation by the Administration, subsequent to the issuance of the permit, of any toxic pollutant standard more stringent than that in effect at the time such permit was issued.