SEARCH SITE

VIRGINIA LAW PORTAL

SEARCHABLE DATABASES

ACROSS SESSIONS

Developed and maintained by the Division of Legislative Automated Systems.

2024 SESSION

  • | print version

HB 949 Hazardous Substance Facility Response Plans; reporting of substance discharge, etc.

Introduced by: Alfonso H. Lopez | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED:

Hazardous Substance Facility Response Plans; civil penalties. Requires any person that is required to submit a facility response plan under the U.S. Environmental Protection Agency's (EPA) Clean Water Act Hazardous Substance Worst Case Discharge Planning Regulations to submit evidence of an EPA-approved facility response plan to the Department of Environmental Quality within a certain time period and to comply with such plan. The bill provides certain requirements for reporting, recordkeeping, and inspection and authorizes the Department to initiate a civil action to obtain certain equitable relief for violations of the bill's provisions. The bill imposes civil penalties for any person that negligently, willfully, or knowingly (i) discharges or causes to discharge a hazardous substance from a facility or (ii) fails to implement or comply with an EPA-approved facility response plan. Finally, the bill provides a delayed effective date of the next fiscal year immediately following the effective date of the EPA's final rule on Clean Water Act Hazardous Substance Worst Case Discharge Planning and requires the Department to develop guidance to implement the provisions of the bill in the six months preceding such effective date.

SUMMARY AS PASSED HOUSE:

Hazardous Substance Facility Response Plans; civil penalties. Requires any person that is required to submit a facility response plan under the U.S. Environmental Protection Agency's (EPA) Clean Water Act Hazardous Substance Worst Case Discharge Planning Regulations to submit evidence of an EPA-approved facility response plan to the Department of Environmental Quality within a certain time period and to comply with such plan. The bill provides certain requirements for reporting, recordkeeping, and inspection and authorizes the Department to initiate a civil action to obtain certain equitable relief for violations of the bill's provisions. The bill imposes civil penalties for any person that negligently, willfully, or knowingly (i) discharges or causes to discharge a hazardous substance from a facility or (ii) fails to implement or comply with an EPA-approved facility response plan. Finally, the bill provides a delayed effective date contingent upon the effective date of the EPA's final rule on Clean Water Act Hazardous Substance Worst Case Discharge Planning.

SUMMARY AS INTRODUCED:

Aboveground storage tanks; Hazardous Substance Aboveground Storage Tank Fund; civil penalties. Directs the State Water Control Board to regulate aboveground storage tanks with a capacity of more than 1,320 gallons that contain hazardous substances other than oil. The bill directs the Board to adopt regulations that establish requirements for registration and other requirements of tank owners and that establish a schedule of registration and renewal fees. The bill authorizes the Board to take corrective action in the event of a discharge of a hazardous substance. The bill requires tank owners to notify certain parties in the event of a release of a regulated substance. The bill also creates the Hazardous Substance Aboveground Storage Tank Fund, with moneys from the Fund to be used solely for the administration of the bill, and provides for civil penalties for violations of requirements of the bill, with such moneys received to be deposited into the existing Virginia Environmental Emergency Response Fund.