(1) The Legislature finds and declares that the highest and best use of the waters and shorelines of this territory is as a source of public and private recreation. (2) The Legislature further finds and declares that the preservation of this use is a matter of the highest urgency and priority, and that such use […]
When used in this chapter, unless the context clearly requires otherwise: (1) “Department” means the Department of Planning and Natural Resources. (2) “Commissioner” means the Commissioner of the Department of Planning and Natural Resources. (3) “Barrel” means forty-two (42) U.S. gallons at sixty degrees (60 degrees) fahrenheit. (4) “Other measurements” means measurements set by the […]
The discharge of oil, petroleum products or their by-products, and other pollutants into or upon any coastal waters, estuaries, tidal flats, beaches and land adjoining the seacoast of the territory are prohibited.
(1) The powers and duties conferred by this chapter shall be exercised by the Department and shall be deemed to be an essential governmental function in the exercise of the police power of the territory. The Department may call upon any other department or agency for consultative services and technical advice and the said agencies […]
(1) No person shall operate or cause to be operated a terminal facility as defined in section 703(9) of this chapter without a license. (2) Licenses shall be issued on an annual basis and shall expire on December 31st annually, subject to such terms and conditions as the Department may determine are necessary to carry […]
The Department shall from time to time adopt, amend, repeal and enforce reasonable regulations insofar as they relate to oil in spills or discharges or the spills or discharges of other pollutants into the waters of this territory or onto the coasts of this territory. (1) The regulations shall be adopted in accordance with Title […]
(1) The pilot and the master of a vessel causing a discharge shall be required immediately to report the discharge to the harbor master and to the nearest U.S. Coast Guard station. The harbor master, on being notified of a discharge, shall immediately notify the response team of the Department and the U.S. Coast Guard […]
(1) Any person discharging pollutants as prohibited by section 704 of this chapter shall immediately undertake to remove the discharge to the Department’s satisfaction. Notwithstanding the above requirement, the Department may undertake the removal of the discharge and may contract and retain agents who shall operate under the direction of the Department. (2) Whenever oil […]
The Department shall establish and maintain at such ports within the territory and other places as it shall determine such employees and equipment, other than equipment furnished by the licensee, as in its judgment may be necessary to carry out the provisions of this chapter. The Department may employ and prescribe the duties of such […]
(1) The Virgin Islands Coastal Protection Fund is established to be used by the Department as a revolving fund for carrying out the purposes of this chapter. The fund shall be limited to the sum of one million ($1,000,000) dollars. To this fund shall be credited all license fees, penalties and other fees and charges […]
Because it is the intent of this chapter to provide the means for rapid and effective cleanup and to minimize damages, any licensee and its agents or servants, including vessels destined for or leaving a licensee’s terminal facility, who permits or suffers a prohibited discharge or other polluting condition to take place within territorial boundaries […]
(1) Whenever any disaster or catastrophe exists or appears imminent, arising from the discharge of oil, petroleum products or their by-products, or any other pollutants, the Governor shall by proclamation declare the fact and that an emergency exists in any or all sections of the territory. (2) In performing his duties under this section, the […]
(1) Each owner or operator of a terminal facility or vessel, including any barge, using any port in the United States Virgin Islands shall establish and maintain under rules and regulations prescribed by the Department evidence of financial responsibility based on the capacity of the terminal facility or tonnage of the ship, the cargo carried, […]
(1) It is unlawful for any person, or corporation to store or leave any vessel in a wrecked, junked or substantially dismantled condition or abandoned upon any public waters or at any port in this territory without the consent of the Department of Planning and Natural Resources or docked at any private property without consent […]
(1) It is unlawful for any person to violate any provision of this chapter or any rule, regulation or order of the Department made hereunder. Violation shall be punishable by a civil penalty of up to $50,000 to be assessed by the Department. Each day during any portion of which the violation occurs constitutes a […]
The Department shall include in its recommendations to each regular session of the Legislature specific recommendations relating to the operation of this chapter, specifically including a license fee formula to reflect individual licensee experience and a fee schedule based upon volatility and toxicity of petroleum products, their by-products and other pollutants.
The Department shall submit to each regular session of the Legislature its budget recommendations for disbursements from the fund.
Nothing in this chapter shall be deemed to apply to the storage or transportation of liquefied petroleum gas or to industrial effluents discharged into the waters or atmosphere of the territory pursuant to a permit issued by the Department.
Notwithstanding any provision in this chapter to the contrary, any person wishing to perform or undertake any development, as defined in Title 12, chapter 21 of this Code, shall obtain a coastal zone permit pursuant to Title 12, chapter 21 of this Code, prior to commencing or undertaking such development.
