§ 651. Short title

This chapter may be cited as the Virgin Islands Underground Storage Tank Act.

§ 652. Declaration of purpose

The ground and surface waters of the United States Virgin Islands are a significant and essential portion of the natural resources of the territory protected by various chapters of this title. The failure of underground systems for the storage and handling of petroleum liquids, related sludge and other chemicals may result in the significant contamination […]

§ 653. Definitions

As used in this chapter: (a) The term, “abandoned underground storage tank” means an underground storage that: (1) is not intended to be returned to service; (2) has been out of service for more than one year; (3) has been rendered permanently unfit for use; or (4) has not been subjected to tank closure consistent […]

§ 654. Powers and duties of the Department

The Department shall have the following powers and duties: (a) To exercise general supervision of the administration and enforcement of this chapter and all rules and regulations and orders promulgated or issued thereunder, and to perform any and all acts necessary to carry out the purposes and requirements of this chapter and Subtitle I of […]

§ 655. Registration of underground storage tanks; renewal; fees

(a) Any person that owns or operates an UST system or intends to install an underground storage tank shall register each tank with the Department on forms provided by the Department and consistent with the following provisions: (1) Any person that owns or operates an UST system that commenced use on or before the effective […]

§ 656. Non-transfer of registration; notice of change of registration information

(a) Underground storage tank registration issued by the Department is not transferable. (b) The owner or operator of an underground storage tank system shall notify the Department of any change in ownership of either the tank or the property upon which the tank is located within 30 days after the contract date to date of […]

§ 657. Placement of new UST system

(a) All UST systems installed after the effective date of this chapter shall be located a distance not less than 100 feet from a water well or other source of groundwater. (b) In areas where the water level is less than six (6) feet from the bottom of excavation for the installation of any UST […]

§ 658. New UST systems; permits

(a) It is unlawful for an owner or operator to use or operate an underground storage tank system that is installed after the effective date of this chapter without first having obtained a permit issued by the Commissioner. (b) A permit to use or operate an UST system may not be issued unless: (1) the […]

§ 659. Existing UST system; permits

All existing UST systems must comply with one of the following requirements by December 22, 1998, and may not be operated beyond that date without having been issued a permit by the Commissioner: (1) new UST system performance standards pursuant to the provision of section 657, subsection (b) of this chapter; (2) tank upgrading requirements […]

§ 660. Duration of permits; fees

(a) Permits issued pursuant to this chapter shall be issued for a specified term, as prescribed by regulation, but such a permit may not be issued for more than five years. Upon expiration of a permit, the Commissioner may issue a new permit following a review by the Department in accordance with such rules and […]

§ 661. Operating requirements for all UST systems

All owners and operators of UST systems for the protection of human health and the environment shall comply with all regulations promulgated by this Department which are no less stringent than the corresponding federal requirements to ensure that: (a) releases due to spilling and overfilling do not occur; (b) all steel UST systems with corrosion […]

§ 662. Non-operational underground storage tanks; tank closure

(a) When an UST system is temporarily closed, owners and operators shall continue operation and maintenance of corrosion protection and release detection in accordance with rules and regulations no less stringent than the corresponding federal requirements. Release detection is not required so long as the UST system is empty as defined in 40 CFR § […]

§ 663. Certification; renewal; re-certification; reciprocity; fees

(a) It is unlawful for any individual to design, install, retrofit, repair, maintain, conduct any type of tank testing or analysis, decommission, or temporarily or permanently close a UST system without first complying with the certification requirements established by the Department. (b) The Commissioner, by regulation, shall establish qualifications and procedures for certification. (c) The […]

§ 664. Certificate classification; denial, suspension, or revocation of certification; proof of financial responsibility

(a) The Commissioner may classify certificates issued pursuant to this chapter. (b) The Commissioner may deny, suspend, or revoke the certification of any person who violates any provision of this chapter, or rule or regulation promulgated thereunder. (c) The Commissioner may require proof of financial responsibility, including the maintenance of pollution liability insurance, prior to […]

§ 665. Recording of UST in land records

For the purpose of placing future purchasers on notice, the owner of the property on which an underground storage tank is located shall record the existence and location of underground storage tank in the office of the Recorder of Deeds in the district where the UST is located. (a) The Commissioner, by regulation, shall establish […]

§ 666. Tank integrity tests

The Commissioner may order the owner or operator of an UST system to perform a tank integrity test if: (a) there is reason to suspect that there is or has been a release of a regulated substance into the environment; (b) the age, operation, maintenance records, location or circumstance related to installation, or any other […]

§ 667. Release detection

The Department shall require owners and operators of UST systems to provide an acceptable method, or a combination of methods of release detection for tanks and connected piping in a manner consistent with the protection of human health and the environment, but in no event shall it be less stringent than the corresponding federal requirements.

§ 668. Reporting, investigation and assessing releases, spill and overfills

(a) The owner or operator of an UST systems shall report any release, suspected release, spill or overfill of any regulated substance to the Department within 24 hours of discovery thereof, or within a period specified by the Department or by regulation. Such reporting shall be provided in addition to any other reporting requirement prescribed […]

§ 669. Financial responsibility

(a) All owners and operators of UST systems, within 180 days of the effective date of this chapter, shall establish and maintain evidence of financial responsibility, as provided for in this section, for taking corrective action and for compensating third parties for bodily injury and property damage caused by accidental releases arising from the operation […]

§ 670. Corrective action

(a) Whenever the Commissioner has reason to believe that there is or has been a release or a threat of a release into the environment from a UST system, the Commissioner shall order corrective action for the release from any owner or operator, or from any past owner or operator who has contributed to such […]