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Home » US Law » 2019 US Virgin Islands Code » Title 12 - Conservation » Chapter 7 - Water Pollution Control

§ 181. Declaration of policy

Whereas the pollution of the waters of the United States Virgin Islands constitutes a menace to public health and welfare, creates public nuisances, is harmful to wildlife, fish and aquatic life, and impairs beneficial uses of water, it is hereby declared to be the public policy of the United States Virgin Islands to conserve the […]

§ 182. Definitions

For the purposes of this chapter, and unless the context otherwise requires, the following words and phrases shall have the meanings ascribed to them in this section: (a) “Pollution” means such contamination, or other alteration of the physical, chemical or biological properties, of any waters of the United States Virgin Islands, including change in temperature, […]

§ 184. Powers and duties

The Department shall have and may exercise 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 thereunder, and to perform any and all acts necessary to carry out the purposes and requirements of this chapter and of the […]

§ 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 […]

§ 186. Standards of water quality

(a) In order to carry out the purposes of this chapter and the Federal Water Pollution Control Act, as amended, the Commissioner shall set standards of water quality to be applicable to the waters of the United States Virgin Islands or portions thereof. Such standards of quality shall be such as to protect the public […]

§ 187. Planning and zoning activities

(a) The Commissioner, on request of the Virgin Islands Planning Board or on his initiative, shall gather and supply information concerning water pollution in the United States Virgin Islands which is relevant to planning and zoning activities affecting the United States Virgin Islands. (b) The Virgin Islands Planning Board shall bring to the attention of […]

§ 188. Proceedings before Commissioner

(a) (1) Whenever, on the basis of any information available to him, the Commissioner has reason to believe that a violation of any provision of this chapter or of any regulation or of any order of the Commissioner pursuant thereto, or any water quality standards, effluent limitations, or conditions of permits issued pursuant to this […]

§ 189. Monitoring, inspection and public access to information

(a) Monitoring, recording and reporting. The Commissioner may by regulation, order, permit or otherwise, require the owner or operator of any source of a discharge of pollutants or of any source which is an industrial user or publicly owned treatment works to: (1) establish and maintain such records; (2) make such reports; (3) install, calibrate, […]

§ 190. Enforcement

(a) Injunctive relief. The Commissioner, or any resident of the United States Virgin Islands, is authorized to commence a civil action or may intervene in a civil action for appropriate relief, including a permanent or temporary injunction, for any violation or threatened violation for which the Commissioner is authorized to issue a compliance order under […]

§ 191. Review

(a) An appeal may be taken from any final determination of the Commissioner by any person who is adversely affected thereby to the Superior Court of the Virgin Islands. Within 15 days after receipt of a copy of the order or other final determination, or after service of notice thereof by registered mail, the appellant […]

§ 192. Conflicting laws

This chapter shall not be construed as repealing any laws of the United States Virgin Islands relating to the pollution of waters thereof, or any conservation laws, but shall be held and construed as auxiliary and supplementary thereto; provided, that to the extent that the same are in direct conflict therewith, the provisions of this […]

§ 193. Existing rights and remedies preserved

It is the purpose of this chapter to provide additional and cumulative remedies to prevent, abate and control the pollution of the waters of the United States Virgin Islands. Nothing herein contained shall be construed to abridge or alter rights of action or remedies in equity or under the common law or statutory law, criminal […]

§ 194. Public notice

(a) The Commissioner shall promulgate rules and regulations and perform all acts as may be required under territorial or federal law, rules and regulations to insure adequate public notice and public participation concerning permit applications and actions related thereto. (b) Any person may maintain an action to compel the performance of duties specifically imposed on […]

§ 195. Public hearings

The Commissioner shall provide an opportunity for public hearing, with notice thereof, with respect to all permit applications in accordance with applicable provisions of territorial and federal law, rules and regulations. The Commissioner shall promulgate such rules and regulations as are necessary to implement this section.

§ 196. Board membership

Notwithstanding any contrary provision of United States Virgin Islands law, no board or body of the territory which approves permit applications or portions thereof shall include, as a member, any person who receives, or has during the previous two years received, a significant portion of his income directly or indirectly from permit holders or applicants […]

§ 197. Water quality planning

The Commissioner is authorized to establish and conduct a continuing planning process consistent with the requirements of the Federal Water Pollution Control Act, as amended, including but not limited to the establishment and application of maximum daily loads of pollutants.

§ 198. Authority to construct or operate a publicly owned treatment work

Every person authorized to construct and operate a publicly owned treatment work shall have the authority to take all action necessary for its efficient and adequate operation in accordance with the requirements and conditions of this chapter and the Federal Water Pollution Control Act, as amended, including but not limited to the authority: (a) To […]