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Developed and maintained by the Division of Legislative Automated Systems.
2010 SESSION
10104601DBe it enacted by the General Assembly of Virginia:
1. That § 28.2-110 of the Code of Virginia is amended and reenacted as follows:
§ 28.2-110. Filing requirements; penalty.
A. The operator, or a ship agent acting on behalf of the
operator, of a commercial vessel that enters into Virginia waters shall file a
Ballast Water Control Report form with the Hampton Roads Virginia Maritime
Association as the designated agent of the Commission (i) within seventy-two
hours of the completion of the discharge of ballast water if the commercial
vessel discharges ballast water into Virginia waters, or (ii) prior to the
commercial vessel's departure from Virginia waters if the commercial vessel
does not discharge ballast water into Virginia waters. The operator, or ship
agent of an operator, shall not be required to file a Ballast Water Control
Report form if the commercial vessel's previous port-of-call is located within
the United States Exclusive Economic Zone and a ballast water control report
was previously filed upon entering the first port-of-call within the United
States Exclusive Economic Zone. A Ballast Water Control Report form shall be
deemed to have been filed when it is hand delivered to the Hampton Roads
Virginia Maritime Association, sent by electronic mail or facsimile
transmission and received by the Hampton Roads Virginia Maritime
Association, or sent to the Hampton Roads Virginia Maritime
Association by registered or certified mail, return receipt requested. The
services of the Hampton Roads Virginia Maritime Association shall
be provided at no cost to the Commission. The fees assessed by the Hampton
Roads Virginia Maritime Association shall only be that amount
necessary to cover the expenses for the reporting services provided to vessel
operators and any associated recordkeeping related to the ballast water
reporting requirements of this article. If in the judgment of the Commission or
the Hampton Roads Virginia Maritime Association, the Hampton
Roads Virginia Maritime Association is unable to satisfactorily
perform its responsibilities, the Commission may (i) select another agent,
provided proper notice of the change in the designated agent has been given to
operators, or (ii) assume responsibility for carrying out the provisions of
this section.
B. For commercial vessels whose point of origin is located
outside the United States Exclusive Economic Zone and whose first port of call
within the United States Exclusive Economic Zone is within Virginia waters, the
filing of a copy of the completed form submitted by the operator to the
National Ballast Water Information Clearinghouse of the Smithsonian
Environmental Research Center with the Hampton Roads Virginia Maritime
Association shall be deemed compliance with the reporting requirements of this
section.
C. Any operator of a commercial vessel who knowingly fails to
file a Ballast Water Control Report form with the Hampton Roads Virginia
Maritime Association within the applicable time period set forth in
subsection A, or who knowingly makes any false statement in a Ballast Water
Control Report form submitted to the Hampton Roads Virginia Maritime
Association, shall be guilty of a Class 1 misdemeanor.