2019 US Virgin Islands Code
Title 12 - Conservation
Chapter 17 - Oil Spill Prevention and Pollution Control
§ 707. Regulatory powers of Department
- 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 3, chapter 35, Virgin Islands Code.
(2) The Department shall adopt regulations including, but not limited to, the following matters:
(a) Operation and inspection requirements for facilities, vessels, personnel and other matters relating to licensee operations under this chapter and specifically requiring that vessels transporting pollutants within territorial waters shall maintain on board such containment gear as may be required by the Department with a crew trained in the use of the gear.
(b) Procedures and methods of reporting discharges and other occurrences prohibited by this chapter.
(c) Procedures, methods, means and equipment to be used by persons subject to regulation by this chapter in the removal of pollutants.
(d) Development and implementation of criteria and plans to meet oil, petroleum and other pollution occurrences of various degrees and kinds.
(e) The Department shall create a territorial response team which shall be responsible for creating and maintaining a contingency plan of response, organization and equipment for handling emergency cleanup operations. The territorial plan shall include detailed emergency operating procedures for the territory as a whole and for specific areas, determined by the Department, where the threat of oil and other pollution is greatest, and the team shall from time to time conduct practice alerts. The plan shall be filed with the Governor and the U.S. Coast Guard. The contingency plan shall include all necessary information for the total containment and cleanup of pollution, including but not limited to an inventory of equipment and its location, a table of organization with the names, addresses and telephone numbers of all persons responsible for implementing every phase of the plan, a list of available sources of supplies necessary for cleanup, and a designation of priority zones within each region to determine the sequence and methods of cleanup. The territorial response team shall act independently of agencies of the Federal Government but is directed to cooperate with any federal cleanup operation.
(f) Requirements for minimum weather and sea conditions for permitting a vessel to enter port and for the safety and operation of vessels, barges, tugs, motor vehicles, motorized equipment and other equipment relating to the use and operation of terminal facilities and refineries, the approach and departure from terminal facilities and refineries and requirements that containment gear approved by the Department be on hand and maintained by terminal facilities and refineries with adequate personnel trained in its use.
(g) Requirements that, prior to being granted entry into any port in this territory, the master of a vessel shall report:
(1) Any discharges of oil or other pollutants the vessel has had since leaving the last port;
(2) Any mechanical problem on the vessel which creates the possibility of a spill; and
(3) Any denial of entry into any port during the current cruise of the vessel.
(h) Such other rules and regulations as the exigencies of any condition may require or as may reasonably be necessary to carry out the intent of this chapter.
