2019 US Virgin Islands Code
Title 12 - Conservation
Chapter 7 - Water Pollution Control
§ 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 health and welfare and the present and future use of such waters for public water supplies, propagation of fish, aquatic life and wildlife, recreational purposes and other legitimate uses. The Commissioner, at least once each three-year period commencing September 30, 1998, shall review applicable water quality standards and, as appropriate, amend, repeal or adopt new standards.
(b) Prior to establishing, amending or repealing standards of water quality the Commissioner shall, after due notice, conduct public hearings thereon. Notice of public hearing shall specify the waters for which standards are sought to be adopted, amended or repealed and the time, date and place of such hearing.
(c) Standards of quality of the waters of the United States Virgin Islands or any amendment or repeal thereof shall become effective upon approval by the Governor. In adopting standards of water quality or making any amendment thereof, the Commissioner shall specify a reasonable time for persons discharging pollutants into the waters of the United States Virgin Islands to comply with such standards, and upon the expiration of any such period of time shall revoke or modify any permit previously issued which authorizes the discharge of pollutants into waters of the United States Virgin Islands which result in reducing the quality of such waters below the standards established therefor by the Commissioner.
(d) The Commissioner is authorized to apply, and to enforce the provisions of this chapter pursuant to sections 188, 190 and 191 of this chapter, against industrial users of publicly owned treatment works, toxic effluent standards and pretreatment standards for the introduction into such treatment works of pollutants which interfere with, pass through or otherwise are incompatible with such treatment works. The Commissioner may promulgate such rules and regulations as are necessary to implement this paragraph.
(e)
(1) Within 180 days after the enactment of this section, the Commissioner shall promulgate rules and regulations designating the waters requiring greater environmental protection for the preservation or enhancement of their water quality and where the discharge of sewage from vessels, whether treated or not, shall be completely prohibited, except that no such designation shall apply until the Commissioner determines that adequate facilities for the safe and sanitary removal and treatment of sewage from all vessels are reasonably available for the water to which the prohibition would apply.
(2) Within 90 days of the enactment of this section, the Commissioner shall apply to the Administrator of the United States Environmental Protection Agency, pursuant to 33 U.S.C.A § 1322(f)(4)(A) & (B), respectively, for approval of the sewage-discharge-prohibition established in paragraph (1) of this subsection and for the establishment of a drinking water intake zone where the discharge of sewage from vessels within that zone shall be completely prohibited.
