SEARCH SITE
VIRGINIA LAW PORTAL
- Code of Virginia
- Virginia Administrative Code
- Constitution of Virginia
- Charters
- Authorities
- Compacts
- Uncodified Acts
- RIS Users (account required)
SEARCHABLE DATABASES
- Bills & Resolutions
session legislation - Bill Summaries
session summaries - Reports to the General Assembly
House and Senate documents - Legislative Liaisons
State agency contacts
ACROSS SESSIONS
- Subject Index: Since 1995
- Bills & Resolutions: Since 1994
- Summaries: Since 1994
Developed and maintained by the Division of Legislative Automated Systems.
1994 SESSION
Be it enacted by the General Assembly of Virginia:
1. That § 62.1-44.34:23 of the Code of Virginia is amended and reenacted as follows:
§ 62.1-44.34:23. Exceptions.
A. Nothing in this article shall apply to: (i) normal discharges from
properly functioning vehicles and equipment, marine engines, outboard motors
or hydroelectric facilities; (ii) accidental discharges from farm vehicles or
noncommercial vehicles; (iii) accidental discharges from the fuel tanks of
commercial vehicles or vessels that have a fuel tank capacity of 150 gallons
or less; (iv) discharges authorized by a valid permit issued by the Board
pursuant to § 62.1-44.15 (5) or by the United States Environmental Protection
Agency; (v) underground storage tanks regulated under a state program;
(v) (vi) releases from underground storage tanks as defined
in § 62.1-44.34:8, regardless of when the release occurred; (vi)
(vii) discharges of hydrostatic test media from a pipeline undergoing
a hydrostatic test in accordance with federal pipeline safety regulations; or
(vii) (viii) discharges authorized by the federal on-scene
coordinator and the Executive Director or his designee in connection with
activities related to the recovery of spilled oil where such activities are
undertaken to minimize overall environmental damage due to an oil spill into
or on state waters. However, the exception provided in clause (vii)
(viii) shall in no way reduce the liability of the person who
initially spilled the oil which is being recovered.
B. Notwithstanding the exemption set forth in clause (v) (vi)
of subsection A of this section, a political subdivision may recover pursuant
to subsection C of § 62.1-44.34:18 for a discharge of oil into or upon state
waters, lands, or storm drain systems from an underground storage tank
regulated under a state program at facilities with an aggregate capacity of
one million gallons or greater.