USVI Public Records

Except as otherwise provided, the Commissioner of Conservation and Cultural Affairs shall administer the provisions of this chapter. History: Amended Mar. 17, 1965, No. 1343, § 3, Sess. L. 1965, p. 76; Mar. 3, 1967, No. 1862, § 1, Sess. L. 1967, p. 30; June 4, 1968, No. 2238, § 5, Sess. L. 1968, Pt. II, p. 45; Nov. 21, 1972, No. 3330, § 6, Sess. L. 1972, p. 504.

The Commissioner may appoint personnel responsible for the enforcement of the provisions of this chapter.

Supervisory personnel appointed under section 2 of this title or under those provisions of "an Act to Provide that the United States shall Aid the States in Wildlife Restoration Projects, and for Other Purposes", Act of Congress September 2, 1937, 50 Stat. 917 (16 U.S.C. §669 et seq.) which apply to the United States Virgin Islands, have the power of police officers in the enforcement of this chapter.

(a) The Commissioner may secure the assistance of the U.S. Virgin Islands Police Department (V.I.P.D.) in executing the provisions of this chapter. (b) The Commissioner and enforcement officers appointed by the Commissioner to enforce the conservation laws, boating safety, antiquities and cultural properties laws of this Territory as well as the federal fisheries laws associated with federal deputized enforcement, are constituted peace officers with the power to go armed and to make arrests for violating the conservation, boating safety, antiquities and cultural properties laws of the Territory, and federal fisheries laws associated with federal deputized enforcement officers who perform federal fisheries enforcement. References hereinafter to conservation officers shall be construed to include the Commissioner of Planning and Natural Resources. References hereinafter to "conservation laws" shall be construed to include boating safety, antiquities and cultural properties law of the Territory, as well as the federal fisheries laws associated with federal deputized enforcement officers who perform federal fisheries enforcement. History: Amended June 15, 1984, No. 4964, § 1(b), Sess. L. 1984, p. 177; June 5, 2001, No. 6411, § 3, Sess. L. 2001, p. 32; Sept. 18, 2002, No. 6570, § 88, Sess. L. 2002, p. 590.

All license fees provided for in this chapter to be paid by hunters and all monies appropriated by the Legislature or received by gift or otherwise, which are for the conservation of wildlife, shall be expended by the Commissioner solely for the administration and application of the provisions of this chapter and no portion thereof may be diverted to any other purpose.

(a) The Commissioner of Conservation and Cultural Affairs shall issue all hunting licenses provided for in this chapter upon the approval, by the Commissioner, of the applications therefor, and upon payment, by the applicants, of the license fees provided for in this chapter. (b) The Commissioner of Conservation and Cultural Affairs shall give a copy of this chapter to every purchaser of a hunting license and an application for a license shall be prima facie evidence of the licensee's knowledge of the game laws of the United States Virgin Islands, and the licensee's acceptance of a license shall be considered as receipt of a copy of this chapter.

(a) A license to hunt birds or furred animals may be issued to citizens who have resided in the United States Virgin Islands for one year or more upon the payment of $2 per season or fraction thereof. (b) A license to hunt deer may be issued to such citizens upon the payment of $3 per season or fraction thereof. One deer tag shall be issued with each deer license. (c) A license to hunt birds and furred animals may be issued to other persons upon the payment of $10 per season or fraction thereof. (d) A license to hunt deer may be issued to other persons upon the payment of $25 per season or fraction thereof. One deer tag shall be issued with each deer license.

(a) The Commissioner may issue to a minor not below the age of 16 a permit to hunt when accompanied by a licensed hunter- (1) upon payment of the annual fees prescribed in this chapter; and (2) upon certification by one of his parents or guardians of his age. (b) Such licensed hunter shall be equally and jointly responsible for the acts of the minor while hunting in his company. History: Amended July 11, 1968, No. 2279, § 6, Sess. L. 1968, Pt. II, p. 225.

(a) The Commissioner may grant special permission to recognized scientists or bona fide collectors, upon their presentation of proper credentials, to trap, snare, capture, kill or otherwise obtain during any season, specimens of wildlife or their eggs which are protected by this chapter. (b) Such special permission may extend to areas or preserves set aside for the conservation, propagation or restoration of wildlife.

If a license is lost or destroyed a duplicate license may be issued upon the payment of $1.

The Commissioner may suspend or revoke any licenses granted under this chapter for just cause.

Whoever fails to carry his hunting license on his person while hunting or fails to make it available for inspection to any person duly authorized to make such inspections, shall be fined not more than $5.

Whoever hunts, except as provided for herein, without having obtained a hunting license issued by the Commissioner of Conservation and Cultural Affairs, shall be fined not more than $100 or imprisoned not more than 60 days, or both.

Whoever transfers his hunting license to, or permits it to be used by, another person, or uses a license to which he has no right, shall be fined not more than $25.

(a) Hunting, trapping or taking wild birds by any means is prohibited except as provided below. (1) The following wild birds may be hunted each year between June 15 and September 30, inclusive- Wild Pigeons Wood Doves (Quail Doves) Mountain Doves Ground Doves (2) Parakeets may be trapped (only) each year between June 15 and September 30, inclusive. (3) The following wild birds may be hunted each year between November 1 and March 31, inclusive- Coots Plovers Wild Ducks Snipe Night Ducks (Whistlers) Waterfowl Gallinules Yellow-legs (4) Hawks and thrushes may be hunted at any time during the year if not in conflict with this chapter. (5) The following wild birds may not be hunted, trapped, or taken at any time- All birds not mentioned in classifications (1), (2), and (3) of this subsection and particularly sea- birds, song-birds and other birds partially or wholly insectivorous. (b) Whoever- (1) hunts, or knowingly or willfully kills, wounds or takes any wild bird belonging to classification (5) of subsection (a) of this section; or (2) takes, removes or destroys any nest or egg of any such wild bird; or (3) exposes for sale any such wild bird; or (4) knowingly or willfully has in his possession any such wild bird or any part of such wild bird, or the nest or eggs of any such bird; or (5) except during the season specified in subsection (a) of this section, hunts, takes, possesses, or willfully kills or wounds any wild bird belonging to classification (1) or (3) of such subsection; or (6) during or out of the season in which parakeets may be trapped as specified in classification (2) of subsection (a) of this section, knowingly or willfully kills or wounds any such bird; or (7) at any time removes, injures, or destroys any nest, egg or nestling of birds belonging to classification (1), (2), or (3) of subsection (a) of this section; or (8) exposes or offers for sale or purchases any bird belonging to classification (1) or (3) of subsection (a) of this section, or the eggs thereof; or (9) at any time exposes or offers for sale or purchases any nestlings of parakeets, or the eggs thereof- shall be fined not more than $25, and in all cases the implement used shall be confiscated by the court. The provisions of this subsection shall not apply to the taking, removal, or possession of eggs of the birds commonly known as "Boobies" during the period May 15th to June 10th, inclusive, of any year. Said eggs taken shall not be offered for sale or purchase. No eggs shall be taken from the islands known as Saba Island or Little Saba Island, Turtle Dove Cay, or Flat Cay, which have been declared game preserves. History: Amended May 19, 1961, No. 679, Sess. L. 1961, p. 32.

(a) Hunting, killing, capturing or taking deer by any means is prohibited for a period of five years, commencing on July 1, 1971, except by the Commissioner or his designee in conjunction with and in furtherance of the program established by section 2722 of Title 19 of the Virgin Islands Code. At the end of such five-year period, the Commissioner shall restock deer destroyed during such period. (b) With advance notice to land owners of the general area within which the Commissioner intends to hunt deer, the Commissioner or his designee may in the pursuit of deer and in conjunction with and in furtherance of the program described in subsection (a) hereof enter upon any lands or buildings with dogs or brush clearing equipment, if deemed necessary in the hunting, killing, capturing or taking deer. Any such entry shall be accomplished with reasonable care and the Government shall be liable for any damages caused to any such lands or buildings. (c) Notwithstanding subsection (a) of this section, the Commissioner may prescribe a deer hunting season or seasons for all or part of the period of time between October 1, 1975, and September 30, 1976, inclusive; and shall provide adequate public notice thereof; provided, that- (1) all hunting pursuant thereto shall be in accordance with the applicable requirements of this chapter and federal law; (2) no such deer hunting season or seasons shall be prescribed unless the Commissioner, based on substantial evidence, finds that said season or seasons will not endanger the survival of the species on the island on which the deer will be hunted; (3) the Commissioner may prescribe a hunting season for one or more of the islands of the territory or for only a part of any island or islands of the territory; and (4) the Commissioner shall, at least two weeks prior to the date any proposed deer hunting season is to begin, publish for at least 5 consecutive publication days, the proposed commencement and termination dates of said season or seasons, inviting public comment thereon, which publication shall be in at least one newspaper of general circulation on each of the Islands of St. Thomas, St. John and St. Croix. (d) Hunting, killing, capturing or taking deer by any means is prohibited except during a deer hunting season designated and established as provided for in this section. (e) Fawns may not be hunted at any time. (f) No deer shall be molested while it is swimming in water. (g) Deer may not be hunted between the hours of dusk and dawn. (h) Whoever violates this section shall be fined not less than $200 nor more than $1,000 or imprisoned not more than 60 days, or both. History: Amended Apr. 15, 1964, No. 1203, Sess. L. 1964, p. 248; May 26, 1971, No. 3033, § 7, Sess. L. 1971, p. 166; Oct. 21, 1975, No. 3749, § 1, Sess. L. 1975, p. 162.

History: Repealed. Dec. 6, 2013, No. 7574, § 2, Sess. L. 2013, p. 280.

History: Repealed. Nov. 21, 1972, No. 3330, § 7, Sess. L. 1972, p. 504. Cite as: 12 V.I.C. § 34, 35

(a) Mongooses may be hunted at any time of the year. (b) The Commissioner shall pay the sum of 25 cents for each mongoose delivered, dead or alive. (c) Whoever breeds the mongoose for the purpose of obtaining the bounty prescribed by this section shall be fined not more than $25, and all the mongooses in his possession shall be confiscated and destroyed by the Commissioner.

If the Commissioner determines that an excess or shortage of any type of game exists, he may lengthen, shorten or close any season upon the posting of public notice of such action for at least 10 days prior to its effective date.

(a) No hunter shall take, on any day of the season, more birds than are specified below. (1) For Ground Doves, Mountain Doves and Wild Pigeons, the limit is 10 in the aggregate; (2) For Coots, Wild Ducks, and Waterfowl, the limit is 10 each; (3) For Night Ducks, locally called Whistlers, the limit is 5; (4) For Partridges, the limit is 4; and (5) For Gallinules, Plovers, Snipe, and Yellowlegs, the limit is 10 in the aggregate. (b) Whoever has more than the daily limit of any such birds in his possession while hunting or returning from hunting shall be fined not more than $50. However, any hunter who, while hunting, remains away from his home more than one day may have in his possession while hunting or returning from hunting the total bag limit of birds for the days he has been absent.

(a) The limit for deer for each hunter is one deer per season, in accordance with the following provisions- (1) Each deer taken must be tagged immediately with the tag issued with the deer license. (2) A report of each taking of a deer must be reported to the Commissioner within 24 hours. (3) The tag shall remain attached to the deer carcass until the report has been properly filed. (b) Whoever violates any provision of this section shall be fined not more than $100 or imprisoned not more than 60 days, or both.

The Commissioner, whenever he determines that conditions so warrant, may- (1) increase or decrease any bag limits prescribed by this chapter; or (2) prescribe bag limits for particular types of wildlife for which no bag limits exist- upon the posting of public notice of the proposed change at least 10 days prior to its effective date.

Goats kept for the replenishment of food shall not be considered wildlife for the purposes of subchapters II- IV of this chapter.

No person may ship out any game birds from the United States Virgin Islands except that- (1) a licensed hunter may take not more than 10 birds a week from the United States Virgin Islands; (2) birds may be shipped for scientific or breeding purposes by special permission of the Commissioner.

No person shall use wire or other traps to capture or ensnare deer.

No wild deer may be held in captivity without the written permission of the Commissioner.

It shall be illegal for any person to sell local deer meat. Whoever violates this section shall be fined not more than $200 or imprisoned not more than 60 days, or both. History: Amended Oct. 21, 1975, No. 3749, § 2, Sess. L. 1975, p. 163.

Whoever hunts upon the lands, waters, or ponds of another with consent, shall, nevertheless, be responsible to the owner for any damage done by himself or his dogs.

(a) Whenever wildlife is damaging crops or fruit trees, the owner or lessee of the lands on which such damage is done, may report such fact to the Commissioner for investigation. If the Commissioner finds that wildlife is responsible for the damage reported, and that the damage is substantial, he may authorize the owner or lessee or another person to kill such wildlife when it is found upon the premises and in the act of further injuring such crops or fruit trees. (b) The carcass of every animal or bird so killed shall be the property of the person whose crops or fruit trees are so damaged. (c) Any wildlife killed under the provisions of this section shall not be charged against the bag limits prescribed by this chapter.

Any person witnessing an offense defined in subchapter II, III, or IV of this chapter may require the offender to give him his name and address. Any such offender who refuses to do so, or who gives a fictitious name or address, shall, in addition to any penalty imposed for the original violation, be fined not more than $25.

Violation of Chapter; Assisting In Violations Whoever- (1) possesses, transports, purchases, deer or deer meat which was not taken in accordance with the provisions of this chapter; or (2) assists in any way in the hunting or capturing of deer in violation of any provision of this chapter- shall be fined not more than $100 or imprisoned not more than 60 days, or both. History: Amended Oct. 21, 1975, No. 3749, § 3, Sess. L. 1975, p. 163.

Whoever violates any provision of this subchapter shall, if no other penalty is provided herein for such violation, be fined not more than $50.

(a) The Legislature of the Virgin Islands hereby- (1) accepts the provisions of "an Act to Provide that the United States shall Aid the States in Wildlife Restoration Projects, and for Other Purposes", Act of Congress, September 2, 1937, chapter 89chapter 899 917 (16 U.S.C. §669 et seq.); and (2) authorizes the Commissioner to secure any or all benefits available under such Act through wildlife restoration projects. (b) As used in this section, "wildlife restoration projects" means and includes- (1) the selection, restoration, rehabilitation, and improvement of areas of land or water adaptable as feeding, resting, or breeding places for wildlife; (2) the acquisition by purchase, condemnation, lease or gift of areas, estates or interests therein suitable or capable of being made suitable for such purposes; (3) the construction on or in such areas of works necessary to make them available for such purposes; (4) research into problems of wildlife management necessary to the efficient administration of wildlife resources; (5) any preliminary and incidental costs and expenses incurred in and about such projects; and (6) the restocking of areas with carefully selected species of game approved by the United States Fish and Wildlife Service. (c) The Commissioner shall have all the powers and duties conferred by the Act referred to in subsection (a) of this section on State fish and game departments.

Effective July 1, 1958, the proceeds from all firearms licenses, all excise taxes on firearms, parts and ammunition, all fines imposed by the courts for violation of the fish, game or conservation laws, and all monies obtained as described in chapter 9A, section 314 of this title, shall be covered into a special fund in the Treasury of the United States Virgin Islands to be designated as the "Fish and Game Fund". However, if the balance in the Fish and Game Fund equals $250,000, all monies which would otherwise be covered into such Fund shall be deposited in the General Fund. History: June 3, 1958, No. 280, § 1, Sess. L. 1958, p. 5; amended Nov. 21, 1972, No. 3330, § 8, Sess. L. 1972, p. 504; Oct. 19, 1984, No. 5014, § 304(a), Sess. L. 1984, p. 374; Dec. 31, 1987, No. 5294, § 7(a), Sess. L. 1987, p. 162; Nov. 15, 2011, No. 7326, § 3(a), Sess. L. 2011, p. 297.

The Commissioner of Finance is directed to maintain the "Fish and Game Fund" as a separate and distinct fund in the Treasury. Funds shall be disbursed therefrom by the Commissioner of Finance, upon request of the Commissioner, only for purposes of wildlife restoration projects and in administering and enforcing the fish, game and conservation laws under this title. History: June 3, 1958, No. 280, § 2, Sess. L. 1958, p. 5; amended Nov. 21, 1972, No. 3330, § 8, Sess. L. 1972, p. 504; Nov. 15, 2011, No. 7326, § 3(b), Sess. L. 2011, p. 297.

(a) For purposes of this section, the term "sport fish restoration and management projects" means projects designed for the restoration and management of all species of fish which have material value in connection with sports or recreation in the marine or fresh waters of the Virgin Islands, including: (1) such research into problems of fish management and culture as may be necessary to efficient administration affecting fish resources; (2) the acquisition of such facts as are necessary to guide and direct the regulation of fishing by law, including the extent of the fish population, the drain on the fish supply from fishing or natural causes, the necessity of legal regulation of fishing and the effects of any measures of regulation that are applied; (3) the formulation and adoption of plans of restocking waters with food and game fishes according to natural areas or districts to which such plans are applicable, together with the acquisition of such facts as are necessary to the formulation, execution, and testing the efficacy of such plans; (4) the selection, restoration, rehabilitation, and improvement of areas of water or land adaptable as hatching, feeding, resting, or breeding places for fish, including acquisition by purchase, condemnation, lease, or gift of such areas or estates or interests therein as are suitable therefore, and the construction thereon or therein of such works as may be necessary to make them available for such purposes, and such preliminary or incidental costs and expenses as may be incurred in and about such works; and (5) such other activities as may be authorized pursuant to the Dingell-Johnson/Wallop-Breaux Act. (b) The Commissioner of the Department of Planning and Natural Resources shall perform all acts as may be necessary to participate in the federal aid to Sport Fish Restoration programs and meet all the requirements established by the Secretary of the Interior. (c) The Commissioner, through the Division of Fish and Wildlife, shall conduct and establish sport fish restoration projects as provided by the Dingell-Johnson/Wallop-Breaux Acts, 16 U.S.C. §§777 - 777k, and the federal regulations promulgated under that Act. (d) The Commissioner may use federal aid funds granted under the Dingell-Johnson/Wallop-Breaux Acts only for the purposes of approved projects, and no funds accruing to the Department from license fees and other administrative paid by sport fishers, including any interest, dividend, or other income earned from the license fees and other administrative, may be diverted for any purpose other than the protection, propagation, investigation, and restoration of sport fish resources and the expenses of administering the sport fish program within the Department's Division of Fish and Wildlife, as provided for in section 181d and the Dingell-Johnson/Wallop-Breaux Act and regulations adopted pursuant under that Act. History: Added Nov. 15, 2011, No. 7326, § 4, Sess. L. 2011, pp. 299-301.

(a) The Fish and Wildlife Restoration Trust Fund ("the Trust") is established in the Treasury of the Government of the Virgin Islands as a separate and distinct fund held by the Commissioner of Finance in trust for the benefit Department of Planning and Natural Resources, Division of Fish and Wildlife, to fund fish restoration and management projects pursuant to section 81c. Trust funds may not be comingled with monies in the General Fund and may be used only for the purposes specified in subsection (d). (b) The Commissioner of Finance shall administer the Trust as trustee and shall disburse funds at the direction of the Commissioner of Planning and Natural Resources, Division of Fish and Wildlife, which shall act as the "State Fish and Wildlife Agency" for purposes of administering the funds under this Trust. (c) The Trust consists of all sport and recreational fishing licenses, permits and related fees collected under this title, federal and local grants, fines collected under 14 V.I.C. § 192, gifts, donations, bequests of money and such funds as the Legislature may from time to time appropriate. (d) (1) Except as provided in 14 V.I.C. § 192(e), the funds in the Trust under this section may be used exclusively for fish restoration and management projects pursuant to 12 V.I.C. § 81c. (2) For purposes of this section, the term "fish restoration and management projects" means projects designed for the restoration and management of all species of fish which have material value in connection with sports or recreation in the marine or fresh waters of the Virgin Islands, including: (A) such research into problems of fish management and culture as may be necessary to efficient administration affecting fish resources; (B) the acquisition of such facts as are necessary to guide and direct the regulation of fishing by law, including the extent of the fish population, the drain on the fish supply from fishing or natural causes, the necessity of legal regulation of fishing and the effects of any measures of regulation that are applied; (C) the formulation and adoption of plans of restocking waters with food and game fishes according to natural areas or districts to which such plans are applicable, together with the acquisition of such facts as are necessary to the formulation, execution, and testing the efficacy of such plans; the selection, restoration, rehabilitation, and improvement of areas of water or land adaptable as hatching, feeding, resting, or breeding places for fish, including acquisition by purchase, condemnation, lease, or gift of such areas or estates or interests therein as are suitable therefore, and the construction thereon or therein of such works as may be necessary to make them available for such purposes, and such preliminary or incidental costs and expenses as may be incurred in and about such works; and (D) Such other activities as may be authorized pursuant to the Dingell-Johnson/Wallop- Breaux Act. (e) (1) It is the declared intent of the Legislature that the monies in this Trust may not be diverted from the control of the Department of Planning and Natural Resources, or for purposes other than the administration authorized in this section. No officer or employee of the Government Virgin Islands may make or authorize expenditure from, or create or authorize an obligation of Trust funds under this section or involve the Government in any contract or obligation for the payment of money in the Trust for any purpose, other than those authorized under this section, or under other law. (2) In addition to any penalty or liability under any other law, any officer or employee of the Government Virgin Islands who violates this subsection is subject to appropriate administrative discipline, including, when circumstances warrant, suspension from duty without pay or removal from office; and any officer or employee of the Government of Virgin Islands who knowingly and willfully violates this section is subject to a fine not more than $50,000. (f) The Commissioner of Finance shall deposit the monies contained in the Trust into interest earning accounts pursuant to 33 V.I.C., chapter 117. The interest earned on the monies deposited in the Trust must also be credited to the Trust. (g) Money unexpended at the close of a fiscal year does not lapse, but must be carried forward to the next fiscal year for future use. (h) The Commissioner of Finance shall maintain a detailed accounting record of all monies deposited into and disbursed from the Trust and shall make the record available to the Commissioner of Planning and Natural Resources and the public on a quarterly basis. In addition, the Commissioner of Finance shall submit a detailed report on the status of the Trust annually to the Legislature. History: Added Nov. 15, 2011, No. 7326, § 3, Sess. L. 2011, pp. 297-299; amended Dec. 31, 2020, No. 8394, § 3, Sess. L. 2020, p. 239; amended Dec. 6, 2021, No. 8514, § 2, Sess. L. 2021, p. 223.

(a) The Commissioner shall be responsible for the maintenance and administration, under the laws of the United States Virgin Islands, of all areas acquired, structures erected, or equipment purchased under the provisions of the Act referred to in subsection (a) of section 81 of this title. (b) As used in this section, "maintenance" means all routine upkeep or repair of, and general expenses incurred on or about, the areas, structures, or equipment referred to in this section.

The Commissioner may, whenever he finds it necessary for the protection of wildlife, declare any area in the United States Virgin Islands a game preserve, and may prohibit hunting of any or all types thereon for one season at a time.

Sanctuaries All existing game preserves and wildlife sanctuaries in the United States Virgin Islands shall be controlled and supervised by the Commissioner. History: Amended Dec. 31, 1987, No. 5294, § 5(2), Sess. L. 1987, p. 160.

(a) The following area is declared a preserve for the propagation and restoration of wild deer: The entire area of St. Croix lying east of the town of Christiansted commencing one mile offshore of the area known as Mt. Welcome and including the entire area of Mt. Welcome; then running south along the western edge of Spring Gut Road continuing to and including the area known as Estate Longford and extending one mile offshore; then continuing easterly including all the land area and one mile offshore from the eastern end of St. Croix known as East Point. (b) [Omitted.]

(a) The Department of Conservation and Cultural Affairs shall have the authority and responsibility for the management, control and use of all islands and cays off the shores of St. Croix, St. Thomas and St. John, owned by the Government of the United States Virgin Islands. (b) The Commissioner of Conservation and Cultural Affairs shall issue regulations, not inconsistent with law or other regulations authorized by law pertaining to the management, use or control of the offshore islands and cays owned by the Government of the United States Virgin Islands, including but not limited to, the designation of game preserves and wildlife sanctuaries, and the designation of inviolate sanctuaries where human activities are prohibited. The provisions of this section shall also include other inland areas which are declared to be wildlife sanctuaries. (c) For the protection of rare or interesting plant species and for other reasons in the public interest, the Commissioner of Conservation and Cultural Affairs may provide for the removal of goats and other animals from the islands and cays indicated in subsection (a) of this section. (d) Whoever knowingly or willfully- (1) kills, wounds, captures, takes or destroys any wild bird or game of any description or the eggs, nest or offspring of any such wild bird, or has in his possession or offers for sale or purchase such wild bird or game or the eggs, nest, or offspring of such wild bird or game, or any part thereof, in violation of a regulation issued pursuant to subsection (b) of this section; or (2) violates any other regulation issued pursuant to subsection (b) of this section pertaining to the management, use and control of the offshore islands and cays owned by the Government of the United States Virgin Islands- shall be fined not less than $200 nor more than $1,000 or imprisoned not more than 60 days or both. History: Amended June 4, 1968, No. 2238, § 5, Sess. L. 1968, Pt. II, p. 45; Mar. 14, 1978, No. 4104, § 1, Sess. L. 1978, p. 38; Dec. 31, 1987, No. 5294, § 5(3), Sess. L. 1987, p. 160.

(a) When birds of high breeding potential are released for the purpose of restocking an area, that area shall be closed immediately thereafter to hunting those birds for a period of at least two breeding seasons. (b) If the Commissioner determines that at the end of two breeding seasons a sufficient surplus does not exist, he may extend the ban against hunting upon posting public notice of the proposed extension at least 10 days prior to its effective date.

(a) Except under a permit or specific authorization of the Commissioner of Planning and Natural Resources, it is unlawful in any wildlife or marine sanctuary to: (1) take or possess any bird, fish or other wildlife, or part thereof; (2) use or possess any firearm, bow and arrow, or any trap or other contrivance designed to be, or capable of being, used to take birds, fish or other wildlife, or to discharge any firearm or release any arrow into any wildlife or marine sanctuary; or (3) throw, place, or deposit any waste within any wildlife or marine sanctuary. (b) The Commissioner of Planning and Natural Resources may promulgate such rules and regulations pursuant to Title 3, chapter 35, VIC, prohibiting such additional acts which may adversely impact upon wildlife or marine sanctuaries or game preserves. History: Added Dec. 31, 1987, No. 5294, § 5(4), Sess. L. 1987, p. 160.

(a) The Commissioner of Planning and Natural Resources may for the purpose of propagating, feeding and protecting birds, fish and other wildlife: (1) designate and establish wildlife or marine sanctuaries in addition to those designated in section 94 of this chapter, and public access areas and special management zones within any wildlife or marine sanctuary; (2) accept on behalf of the Government of the United States Virgin Islands, donations, bequests, gifts of any interest in real property for the purpose of a wildlife or marine sanctuary; and (3) accept on behalf of the Government of the United States Virgin Islands, donations of birds, fish, amphibians, reptiles and other wildlife and of money given or appropriated for any wildlife or marine sanctuary. (b) The Commissioner of Planning and Natural Resources shall cause to be prepared suitable signs to be posted under his direction on each territorial game preserve and wildlife and marine sanctuary designating the area as a game preserve or wildlife or marine sanctuary and giving notice of activities prohibited by this chapter or other applicable rules or regulations. History: Added Dec. 31, 1987, No. 5294, § 5(4), Sess. L. 1987, p. 160; amended Jan. 10, 2003, No. 6572, § 1, Sess. L. 2002, p. 608.

Territorial System of Marine Parks Authorized (a) To protect territorially significant marine resources, promote sustainability of marine ecosystems, including coral reefs, sea grass beds, wildlife habitats and other resources and to conserve and preserve significant natural areas for the use and benefit of future generations, there is established, as a unit of the territorial system of marine parks, the St. Croix East End Marine Park. (1) The Park is comprised of the area that begins at the highest tide at the western-most point of Cheney Bay (17.76103049, -64.6682224); extends out to the three-nautical mile territorial boundary; the border follows the three-nautical mile territorial boundary around the eastern tip of St. Croix and ends at the highest tide line at the western-most point of Great Pond Bay (17.71424314, -64.66470456), excluding any area under federal jurisdiction, and shall be administered pursuant to the St. Croix East End Marine Park Management Plan. (2) The Park includes a No-take Area, Turtle Wildlife Area, Recreation Area and Open Area, as prescribed in the St. Croix East End Marine Park Management Plan prepared by the Virgin Islands Program of the Nature Conservancy for the Virgin Islands Department of Planning and Natural Resources and approved by the Virgin Islands Coastal Zone Management Commission on July 19, 2002. (b) The Virgin Islands Coastal Zone Management Commission, established in title 12, chapter 21, section 904(a) Virgin Islands Code, may establish other marine parks throughout the United States Virgin Islands as part of a territorial system of marine parks. (c) The Commission may accept on behalf of the Government of the Virgin Islands, donations, bequests and gifts of funds and any interests in real property for the purpose of establishing the territorial system of marine parks. (d) In addition to all powers specifically assigned to the Commission, the Commission shall have the primary authority for the implementation of this section, including, without limitation, the power and duties to: (1) advise, consult, and enter into agreements with agencies of the United States Virgin Islands, agencies of the Federal Government and with other agencies and persons necessary to carry out the purpose of this section; (2) apply for, accept and administer grants from the Federal Government and from other sources, public or private, for carrying out the purpose of this section; (3) promulgate, after due notice and hearing, such rules and regulations pertaining to the designation, establishment, management, control and use of territorial marine parks, and other matters as may be necessary to carry out the purpose of this section; and (4) perform all acts necessary to carry out the purposes and requirements of this section; (e) The Commission may establish within the system of marine parks no-take zones, recreational zones, wildlife preserve zones and open zones pursuant to rules and regulations. (f) As used in this section, the following terms have the meanings set forth in this subsection: (1) "Commission" means the Virgin Islands Coastal Management Zone Commission established by title 12, chapter 21, section 904(a) of the Virgin Islands Code. (2) "No-Take Zo904(a) of the Virgin Islands Codeiving marine resources are protected through prohibitions on fishing and the removal or disturbance of any living or non-living marine resource, except as necessary for research or monitoring to evaluate park effectiveness. (3) "Open Zone" means an area where there are no restrictions on fishing, boating, and diving activities, as prescribed by rules and regulations not inconsistent with this section. (4) "The Park" means the St. Croix East End Marine Park established in section 98, subsection (a) of this chapter. (5) "Recreational Zone" means an area designated for snorkeling, diving, boating, recreational take fishing, catch and release fishing, and bait fishing and where activities that would compromise the recreational values of the area are prohibited. (6) "St. Croix East End Marine Park Management Plan" means the document that sets forth the management objectives, policies and strategies for managing the Park and addresses the Park's administrative structure, resource use, boundaries, use zones, financial support, staffing and monitoring plans and which was prepared by the Virgin Islands Program of the Nature Conservancy for the Virgin Islands Department of Planning and Natural Resources, commissioned by the University of the Virgin Islands under the Division of Coastal Zone Management VI Marine Park Project (NOOA Award No. NA07020513) and approved by the Virgin Islands Coastal Zone Management Commission on July 19, 2002. (7) "Wildlife Preserve Zone" means an area where some or all of the biological resources are protected from removal or disturbance. The term includes reserves established to protect threatened or endangered species. History: Added Jan. 10, 2003, No. 6572, § 1, Sess. L. 2002, p. 608; amended Mar. 24, 2006, No. 6823, §§ 3(1), (2), Sess. L. 2006, p. 10.

Whoever violates any provision of this subchapter shall, if no other penalty is provided herein for such violation, be subject to a fine of not more than $5000, imprisonment for not more than 30 days, or both. History: Added Dec. 31, 1987, No. 5294, § 5(4), Sess. L. 1987, p. 160.

(a) Enforcement officers of the Department of Planning and Natural Resources may enter upon any land or waters of the Territory for the performance of their lawful duties, and may take with them any necessary equipment. Such entry shall not constitute a trespass. It shall be lawful for any boat, motor vehicle or aircraft owned or chartered by the department to land and depart from any of the beaches or waters of the Territory. (b) Whenever any person is apprehended for any violation of this chapter, the enforcement officer may serve upon him a citation and levy a fine, which citation and fine shall be in a form similar to a traffic ticket, as prescribed by the Superior Court of the Virgin Islands, and shall be known as a "conservation ticket." A conservation ticket shall include spaces for the name and address of the person cited, the offense charged and the time of its commission. Such spaces shall be filled with the appropriate information by the apprehending officer. The ticket shall also indicate the fine to be paid and the time limit for payment. If the fine is not paid within the stated time, a summons to appear in court shall be issued, and if the violation was committed from a boat, fishing appliance, storage or processing plant, or any warehouse, building or vehicle engaged in transporting any game or wildlife product, a lien may be placed against same until the fine is paid. If the cited person refuses to furnish his name and address, he may be taken into custody by the apprehending officer; provided that an enforcement officer shall not serve or issue a conservation ticket for any offense or violation except when it is committed in his presence. (c) Any person willfully failing to pay a fine or appear in court as provided for in subsection (b) of this section shall be guilty of a misdemeanor, regardless of the disposition of the offense for which he was originally cited. Appearance in court may be complied with by an appearance by counsel, and any violations clerk constituted by the court, pursuant to Rule 160 of the Superior Court Rules, shall have the additional function of accepting appearances, waiver of trial, plea of guilty and payment of costs and fines for the violation of this subsection, hereinafter referred to as "conservation offenses," subject to the following limitations and provisions: (1) the violations clerk shall serve under the direction and control of the court appointing that person; (2) the court shall, by order, designate the conservation offenses within the authority of the violations clerk; provided that such offenses shall not include violations resulting in property damage or personal injury; (3) the court, by published order which shall be prominently posted in the place where the fines are to be paid, shall specify by suitable schedules the amount of the fines to be imposed for first, second, and subsequent offenses; provided that such fines shall be within the limits declared by this chapter; (4) any person charged with a conservation offense within the authority of the violations clerk may appear in person before the clerk, and upon signing a plea of guilty and waiver of trial, pay the fine established for the offense charged, plus costs; provided that prior to signing the plea and waiver and making the payment, he shall be informed of his right to stand trial, that his signature to a plea of guilty will have the same effect as a court judgment, and that the record of conviction will be sent to the Commissioner of the Virgin Islands Police Department; and (5) subject to the provisions of subsection (d) herein, any person residing outside the judicial district in which he is charged with a conservation offense may, as an alternative to a personal appearance before the violations clerk, determine the amount of the fine and costs, and forthwith mail a certified check to the violations clerk for the total amount, accompanied by a signed plea of guilty and waiver of trial. (d) No person who has been found guilty or has signed a plea of guilty to three conservation offenses in one calendar year shall be permitted to appear before the violations clerk unless the court shall, by general order applying to certain specified offenses, permit such appearance conditioned upon the payment of a substantially increased fine, the amount of which shall be specified in the general order. The provisions of this chapter with regard to the apprehension or arrest of persons violating it shall govern all enforcement officers in making arrests without a warrant for offenses committed in their presence, but the procedures prescribed herein shall not otherwise be exclusive of any other methods prescribed by law for the arrest and prosecution of a person for a misdemeanor. (e) The revenues generated from the payment of conservation tickets shall be deposited into the Fish and Game Fund, established pursuant to section 81a of this title, to be used solely for enforcing the fish, game, boating safety, and conservation laws of this title. (f) Fines assessed under the provisions of this subchapter shall be established by the Superior Court in conjunction with the Department of Planning and Natural Resources, and community service may be included in the fines for first offenses. History: Added June 5, 2001, No. 6411, § 3, Sess. L. 2001, p. 32.

The purpose of this chapter is to protect, conserve, and manage indigenous fish, wildlife and plants, and endangered or threatened species for the ultimate benefit of all United States Virgin Islanders, now and in the future. History: Added Dec. 28, 1990, No. 5665, Sess. L. 1990, p. 464.

For the purpose of this chapter and unless the context otherwise requires: (a) "Animal life" means any member of any non-domesticated species of the animal kingdom, whether reared in captivity or not, and includes all species occurring within the jurisdiction of the United States Virgin Islands, whether mammal, fish, bird, amphibian, reptile, mollusk, crustacean, arthropod, coelentrate or other invertebrate, and includes any part, product, egg, or offspring thereof, or the carcass or parts thereof. (b) "Aquarium fish" means any species of freshwater or marine life including, in addition to vertebrates and invertebrates, all species of freshwater and marine plant life, and all corals, whether living or dead, captured or taken for the purpose of display. (c) "Commission" means the Endangered Species Preservation Commission as created by section 103 of this chapter. (d) "Commissioner" means the Commissioner of Planning and Natural Resources. (e) "Endangered species" means any species of animal life or plants which have been listed by the Federal or Territorial governments as "endangered". (f) "Exotic species" means any foreign or introduced species. (g) "Feral species" means domestic animals which have reverted to a wild state. The only birds which might be included in this definition are poultry. (h) "Fish or wildlife" means any member of the animal kingdom, including without limitation, any mammal, fish, bird (including any migratory, nonmigratory, or endangered bird for which protection is also afforded by treaty or other international agreement), amphibian, reptile, mollusk, crustacean, arthropod or other invertebrate, and includes any part, product, egg, or offspring thereof, or the dead body or parts thereof. (i) "Indigenous species" means any species of animal life, including migratory animals arriving in the United States Virgin Islands as part of their normal migration, but does not include certain vermin or feral species. The definition also includes all plants occurring and living naturally in the United States Virgin Islands. (j) "Live rock" means any piece of coral (dead or alive), substrate or other material to which is attached, or which supports, any marine life form of any kind whatsoever. (k) "Mangrove" means any of three species of woody plants known as "red mangrove" (Rhizophora mangle), "black mangrove" (Avicennia germinans), and "white mangrove" (Laguncularia racemosa). (l) "Plant" means any freshwater, marine or terrestrial plant and alga, including seeds, roots, and other parts thereof. (m) "Threatened species" means any species of animal life or plants which have been listed by the Federal or Territorial governments as "threatened". (n) "Vermin" means certain species of animal life inherently destructive to homes, livestock or crops, and which may be capable of carrying diseases harmful to man. For the purpose of this chapter, these species are: house mouse (Mus musculus), mongoose (Herpestes auropunctatus), Norway rat (Rattus norvegieus), pearly-eyed thrasher (Margarops fuscatus) and roof (black) rat (Rattus rattus). History: Added Dec. 28, 1990, No. 5665, Sess. L. 1990, p. 464; amended Dec. 9, 1991, No. 5760, § 1(a), Sess. L. 1991, p. 265.

(a) There is hereby created within the Department of Planning and Natural Resources, an Endangered Species Preservation Commission which shall be composed of the Commissioner of Planning and Natural Resources, who shall be a non-voting member, ex officio, and seven other members, five of which shall consist of: (1) the Director of the Division of Fish and Wildlife, (2) the Chief of the Bureau of Environmental Education, (3) the Chief of the Bureau of Fisheries, (4) the Chief of the Bureau of Wildlife, and (5) the Chief of Environmental Enforcement of the Department of Planning and Natural Resources. (b) The other two members of the Commission shall be appointed by the Governor with the advice and consent of the Senate. One shall be a resident of St. Croix and one shall be a resident of the St. Thomas-St. John district. The two appointed members shall possess training and education in either botany, zoology or biology. (c) The Commission shall elect a Chairman from among its members. Four voting members of the Commission shall constitute a quorum for the transaction of all business of the Commission. A majority of those voting members present shall decide on all matters before the Commission. The Commission may adopt such other rules as it deems necessary to conduct its business. (d) Appointed members of the Commission shall serve a term of two years and may be reappointed. Upon the conclusion of the term of any appointed member of the Commission, such person shall continue to serve until a new member has been appointed. The appointed members of the Commission shall receive the sum of $50 for each day or part thereof spent in the performance of their duties. Every member of the Commission shall be reimbursed for necessary travel, subsistence and other expenses actually incurred in the discharge of his duties as a member of the Commission. Appointed members of the Commission may be removed by the Governor for cause. History: Added Dec. 9, 1991, No. 5760, § 1(c), Sess. L. 1991, p. 265.

(a) In addition to all powers and duties specifically assigned the Commission by this chapter, the Commission shall have the primary responsibility for identification and preservation of threatened and endangered species in the Territory. In addition, the Commission shall have oversight responsibility for the implementation of the provisions of this chapter and the provisions of the "Endangered Species Act of 1973", Pub. L. 93-205, Dec. 28, 1973, 81 Stat. 884, and the amendments thereto, codified in 16 U.S.C. section1531 et seq., which are hereby adopted and made applicable to the Commission and the Department of Planning and Natural Resources. (b) The Commission is charged with the responsibility for the conservation and protection of endangered or threatened species of animals and plants within the Territory of the United States Virgin Islands. In order to carry out this mandate, the Commission shall determine whether any species as defined in section 102 hereof, is an endangered species or threatened species because of any of the following factors: (A) the present or threatened destruction, modification, or curtailment of its habitat or range; (B) commercial activity or overutilization for commercial, recreational, scientific, or educational purposes; (C) disease or predation; (D) the inadequacy of existing regulatory mechanisms; or (E) other natural or manmade factors affecting its continued existence. (c) The Commission shall, from time to time, by regulation, list such species as it determines are endangered or threatened as defined in section 102 hereof. In making such determination, the Commission shall, consistent with federal rules and regulations pertaining to conservation of threatened and endangered species, further determine which species shall be changed in status from a threatened species to an endangered species. (d) The Commission shall make determinations required by this section solely on the basis of the best scientific and commercial data available to it after conducting a review of the status of the species and after taking into account those efforts, if any, being made by any state or foreign country, or any political subdivision thereof, to protect such species, whether by predator control, protection of habitat and food supply, or other conservation practices, within any area under its jurisdiction, or on the high seas. (e) In addition to the powers and duties set forth in subsections (a) through (d) of this section, the Commission shall: (1) promulgate rules and regulations necessary to carry out the provisions of this chapter, provided, however, that no such rules or regulations shall be promulgated unless public hearings are held by the Commission after appropriate notice. Any rules and regulations promulgated pursuant to this chapter may be modified, amended or revised by the Legislature in accordance with the provisions of subsection (b), section 913, Title 3 of this Code; (2) prepare and submit to the Legislature of the United States Virgin Islands, for adoption, any additional plans and undertake any studies it deems necessary and appropriate to better accomplish the purposes, goals and policies of this chapter; and (3) evaluate progress being made towards the implementation of the provisions of this chapter and submit a report to the Governor and Legislature on an annual basis. History: Added Dec. 9, 1991, No. 5760, § 1(c), Sess. L. 1991, p. 265.

(a) No person may take, catch, possess, injure, harass, kill, or attempt to take, catch, possess, injure, harass or kill, or sell or offer for sale, or transport or export, whether or not for sale, any indigenous species, including live rock; except that persons holding valid fishing or hunting licenses, scientific or aquarium collecting permits, or indigenous species retention permits, may operate within the scope and under the terms and conditions expressed in those licenses and permits. (b) No person may take, catch, or possess, or attempt to take, catch or possess, any specimen of an endangered or threatened species unless such person holds a valid collecting permit from the Federal Government in the case of federally listed species, or a territorial permit in the case of an exclusively territorially listed species. (c) No person may ship, transport, or export any specimen of an endangered or threatened species, or parts or produce thereof, whether for sale or not, unless such person holds a valid federal permit in the case of a federally listed species, or a valid territorial permit in the case of an exclusively territorially listed species. (d) It shall be unlawful for any person to import or introduce, or cause the importation or introduction to the United States Virgin Islands of any species of plant or animal which does not naturally occur in the Territory without the express written permission of the Commissioner. (e) No person may harass, injure or kill, or attempt to do the same, or sell or offer for sale any specimen, or parts or produce of such specimen, of an endangered or threatened species. (f) No person may prune, cut, remove, or otherwise disturb any growth of mangroves, whether on private land or not, unless a permit for such pruning, cutting or removal has been obtained in advance from the Commissioner, and the person is acting within the scope of that permit. (g) No person may disturb, damage or remove the nest, or contents of any nest, of any indigenous, endangered species. The nests of all seabirds come within the protection of this subsection. (h) No person may operate a helicopter or fixed wing aircraft over a seabird rookery on an off lying island or cay at an altitude of less than one thousand (1,000) feet, or approach such island or cay closer than one- half mile, except for regularly scheduled commercial flights which, when in a landing pattern approach to the Cyril E. King Airport, must, for safety reasons, go over Little Saba and Flat Cay, St. Thomas, United States Virgin Islands, at an altitude of less than one thousand (1,000) feet. A concerted flight by seabirds in conjunction with an overflight shall be deemed prima facie evidence of a violation of this subsection. (i) Nothing in this section shall prevent any duly authorized agent or employee of the Federal or Territorial governments, or person acting under such agent or employee's direct supervision, from performing any and all necessary activities within the scope of that agent's or employee's official duties. History: Added Dec. 28, 1990, No. 5665, Sess. L. 1990, p. 466.

(a) Hunting and fishing. (1) No hunting license shall be issued except in accordance with Title 12, section 11, Virgin Islands Code. (2) No commercial fishing license shall be issued except in accordance with Title 12, chapter 9A, Virgin Islands Code. (b) Scientists and collectors. (1) In addition to the collection permits authorized under Title 12, section 14, Virgin Islands Code, the CoVirgin Islands Codeissue special permits to: (A) Collectors for recognized museums, educational institutions, and scientific research organizations; (B) Persons engaged in bona fide scientific research in connection with such organizations; and (C) Persons engaged in approved recovery and propagation activities. (2) Such permits shall be limited to a specific number of specimens of the desired species. (3) Such permits may be issued only for scientific or educational purposes, or to enhance the recovery or propagation of that species. (4) Such permits shall be issued free of charge. Specimens collected may not be sold or exchanged for anything of value. A separate transit permit, as described in subsection (d) of this section, shall be required before such specimens may be removed from the Territory. (c) Aquarium collectors. (1) The Commissioner may issue permits to aquarists, collectors, and other persons desiring to collect specimens of marine life forms, including live rock, whether or not for sale, and whether or not intended for shipment or export. There are three categories: (A) A private aquarist collecting, not for sale, but for a personal aquarium of not more than fifty (50) gallons capacity; (B) A person maintaining an aquarium of any size for a commercial purpose; and (C) A collector for shipment, export, and sale. (2) Such permit in all cases must specify the methods of collection to be employed, the place or places where such collection activities will be conducted, any restrictions on the number of each species or numbers of specimens to be taken, any specific requirements for the safe handling and storage of the specimens, and reports to be filed. (3) Permits issued under subsection (c)(1)(B) and (C) of this section shall contain a schedule of fees based on a percentage of the wholesale market value of the species for which the permit is issued. The fee shall be not less than ten (10) percent of the established wholesale price of that species in Miami, Florida. Such fees shall be payable in advance and non-refundable. (d) Transit permits. (1) Any person desiring to ship or transport any live indigenous species from the Territory shall first obtain a transit permit from the Commissioner. (2) Such permit shall specify: (A) The species involved; (B) The number of specimens of each species; (C) Any special shipping restrictions; (D) The name and address of consigner and consignee; and (E) Evidence that all the necessary fees have been paid. (e) Mangrove permits. (1) The policy of the Territory is to prevent a net loss of wetlands to the maximum extent possible. (2) The Commissioner may issue permits, on a case by case basis, for the pruning, cutting or removal of mangrove trees by species and area, in accordance with Title 12, chapter 21, Virgin Islands Code. (f) Indigenous species retention permits. The Commissioner is authorized to issue permits to persons in possession of indigenous species, allowing them to retain such species for the treatment of injury or disease, propagation, or any other purpose consistent with the preservation, protection, conservation and enhancement of such indigenous species. (g) [Repealed.] History: Added Dec. 28, 1990, No. 5665, Sess. L. 1990, p. 467; amended Dec. 9, 1991, No. 5760, § 1(b), Sess. L. 1991, p. 265.

Any person violating any provision of this chapter shall, upon conviction thereof, be subject to a fine of not less than $100, and not more than $10,000. Such person may also be sentenced to serve a term in jail of not more than sixty (60) days. For the purpose of assessing the penalty, each specimen of an indigenous species, endangered or threatened animal or plant, or mangrove shall be considered a separate offense. History: Added Dec. 28, 1990, No. 5665, Sess. L. 1990, p. 469.

For the purpose of this chapter and unless the context otherwise requires: (a) "Bounty species" means vermin, nuisance and invasive species. (b) "Commissioner" means the Commissioner of the Department of Planning and Natural Resources. (c) "DFW" means the Division of Fish and Wildlife of the Department of Planning and Natural Resources. (d) "DPNR" means the Department of Planning and Natural Resources. (e) "Euthanasia" means the humane destruction of an animal accomplished by a method that produces rapid unconsciousness and subsequent death without evidence of pain or distress, or a method that utilizes anesthesia produced by a licensed agent that causes painless loss of consciousness and subsequent death. (f) "Invasive species" means a non-indigenous species or species complex whose introduction does or is likely to have an adverse impact in the Territory, causing economic or environmental harm or harm to human health. (g) "Nuisance" means an organism that is causing property damage, presents a threat to public safety, or is an annoyance within, under or upon a building. (h) "Program" means the Invasive Species Eradication Community Program established under this chapter. (i) "Vermin" means certain species of animal life inherently destructive to homes, livestock, or crops, and which may be capable of carrying diseases harmful to humans. (j) "Wildlife Control Operator" means an individual who does not charge a fee for handling nuisance, vermin, or invasive wildlife species, but is certified by the Division of Fish and Wildlife to collect a bounty for handling nuisance, vermin, and invasive species. (k) "Wildlife Control Removal Agent" means a professional licensed by the Department of Licensing and Consumers Affairs to collect a fee for handling nuisance, vermin, or invasive species and is certified by the Division of Fish and Wildlife to handle nuisance, vermin, and invasive species. (l) "Wildlife Conditional Removal Permit" means a written authorization from the Division of Fish and Wildlife to legally remove or euthanize vermin, nuisance, or invasive species in connection with the Program. History: Added May 19, 2021, No. 8450, § 1, Sess. L. 2021, p. 15, 16.

(a) There is established within the DFW, a program known as "The Invasive Species Eradication Community Program" to assist with the control of the population growth of vermin, nuisance and invasive species that negatively impact the Virgin Islands, including red-tail boa constrictors and caimans, by incentivizing members of the community to locate and euthanize these species; and to establish certification requirements for businesses that charge a fee for handling nuisance, vermin, and invasive species. (b) Individuals who find bounty species on their private land may euthanize and donate the specimens to DFW. These individuals do not need to obtain a permit or be certified by DFW to euthanize and donate the specimens. (c) Wildlife Control Operators and Wildlife Control Removal Agents shall euthanize bounty species at the time and sight of capture and may not transport living bounty species off the property without the prior authorization of DFW in accordance with procedures established by regulations pursuant to section 114. History: Added May 19, 2021, No. 8450, § 1, Sess. L. 2021, p. 16.

(a) To be eligible to participate in the Program, all applicants must: (1) Be at least 18 years of age; (2) Possess a valid V.I. driver's license; (3) Have not been convicted of a felony or wildlife-related offense within the last 5 years; (4) Consent to submit to a criminal background check; (5) Sign a waiver of liability; (6) Possess a valid email address; (7) Have access to a mobile device that allows for download and utilization of an electronic data collection and tracking app; (8) Consent to using an electronic data collection app; and (9) Successfully complete a certification examination administered by the Division of Fish and Wildlife. (b) All individuals and businesses seeking to participate in the Program shall meet all requirements set forth in DFW's policies and procedures and in DPNR's regulations. History: Added May 19, 2021, No. 8450, § 1, Sess. L. 2021, p. 16, 17.

(a) The Commissioner shall establish by regulations an in-person and on-line certification program. The certification program must include: (1) A listing of the types of species sought; (2) Instructions on humane euthanization; (3) The documentation process; and (4) The procedure to be followed regarding legal access when bounty species are spotted on private and public lands. (b) The Commissioner shall collect an administrative fee of $25 from each applicant for each certification exam given. (c) All administrative fees collected under subsection (b) must be deposited into the Invasive Species Eradication Community Program Fund. (d) Each applicant shall apply to the DFW on a form provided by the DFW for an annual Wildlife Conditional Removal Permit. The application must be accompanied by an applicant fee of $25. The applicant may not participate in the program until the permit is issued. The DFW shall issue the permit not later than 10 days after a completed application is submitted. (e) Each permit fee collected in subsection (d) must be deposited as follows: (1) $10 into the Animal Fund established under 19 V.I.C. § 2624; and (2) $15 into the Invasive Species Eradication Community Fund. History: Added May 19, 2021, No. 8450, § 1, Sess. L. 2021, p. 17.

The Commissioner shall establish by regulation a list of humane methods, consistent with the American Veterinary Medical Association's guidelines, to euthanize bounty species. History: Added May 19, 2021, No. 8450, § 1, Sess. L. 2021, p. 17.

(a) Only Wildlife Control Operators are eligible to receive a bounty for the euthanasia of bounty species. (b) DRNR shall: (1) pay Wildlife Control Operators a bounty upon the euthanasia of the bounty species and the delivery of the head and intact stomach contents to the DFW for verification and data management; and (2) dispose of all bounty specimens. (c) The bounty amounts that DPNR shall pay for the euthanasia of snakes are $50 for snakes measuring 4 feet or less, and an amount not to exceed $100 for snakes measuring more than 4 feet. (d) With the exception of snakes, the Commissioner, shall establish the bounty amounts for all other bounty species by regulations. History: Added May 19, 2021, No. 8450, § 1, Sess. L. 2021, p. 17-18.

(a) There is established in the Treasury of the Virgin Islands a special, non-lapsing fund designated and known as the Invasive Species Eradication Community Program Fund ("Program Fund"). The Commissioner of Finance shall maintain and provide for the administration of the Program Fund as a separate and distinct fund in the Treasury of the Virgin Islands, and no monies are available for expenditure therefrom except as provided in this section. The Fund consists of all sums appropriated thereto from time to time by the Legislature all sport and recreational fishing licenses, permits and related fees collected under this title, federal and local grants, fines collected under 14 V.I.C. § 192, gifts, donations, bequests of money, and all administrative fees collected under 12 V.I.C. § 114(b) and $15 from each Wildlife Conditional Removal Permit fee collected under 12 V.I.C. § 114(d). (b) Monies from the Program Fund may be disbursed by the Commissioner of Finance upon authorization of the Commissioner of DPNR for deposit into an Imprest Account, to be maintained in the office of the Commissioner of DPNR. The Imprest Account may not exceed $10,000 at any one time. Payments may be made from the Imprest Account to any person entitled to receive a bounty under 12 V.I.C. § 116 by check signed by both the Commissioner of DPNR and the Director of DFW. (c) The Commissioner of DPNR shall maintain a proper and complete accounting of expenditures from the Imprest Account and make periodic reports as may be required by the Commissioner of Finance. (d) The Commissioner of Finance shall maintain a record of all monies deposited into and disbursed from the Program Fund and shall annually report to the Governor and the Legislature on the status of the Program Fund. History: Added May 19, 2021, No. 8450, § 1, Sess. L. 2021, p. 18; amended July 10, 2024, No. 8854, § 2, Sess. L. 2024, p. -.

Conservation officers appointed by the Commissioner of Conservation and Cultural Affairs are primarily responsible for enforcing the provisions of this chapter. History: Amended Mar. 17, 1965, No. 1343, § 3, Sess. L. 1965, Pt. I, p. 76; Nov. 21, 1972, No. 3330, § 10, Sess. L. 1972, p. 504.

The Commissioner may secure the assistance of the U.S. Virgin Islands Police Department (V.I.P.D.) in executing the provisions of this chapter. History: Amended June 15, 1984, No. 4964, § 1(b), Sess. L. 1984, p. 177.

(a) No landowner or other person shall, except as provided in this chapter, encourage, procure, cause or aid in the cutting or injury of any tree or vegetation within 30 feet of the center of any natural watercourse, or within 25 feet of the edge of such watercourse, whichever is greater. (b) For purposes of this chapter a natural watercourse means any stream with a reasonable well-defined channel, and includes streams which have a permanent flow, as well as those which result from the accumulation of water after rainfalls and which regularly flow through channels formed by the force of the waters.

(a) A landowner may cut or injure, on his own land, trees or vegetation of the type described in subsection (a) of section 123 of this title, if he has obtained the written permission of the Commissioner. (b) Any person may cut or injure, on land other than his own, trees or vegetation of the type described in subsection (a) of section 123 of this title, if he has obtained the written permission of the owner thereof and the written permission of the Commissioner. (c) The Commissioner shall grant such permission only where it appears to him that the proposed cutting or injuring is necessary for purposes of access to, or development of, the property. (d) Duplicate copies of all permits issued hereunder shall be kept on file in the office of the Commissioner.

Whoever violates any provision of this chapter shall be fined not more than $100 or imprisoned not more than 180 days, or both.

This chapter may be cited as "The Community and Heritage Tree Law of the Virgin Islands." History: Added Jan. 6, 2019, No. 8149, § 1, Sess. L. 2018, p. 314.

Trees and shrubs provide important services to the people of the Virgin Islands and are known to assist with the natural control of solar heat, soil conservation, flood control, and air and noise pollution. They also provide a haven for wildlife and provide citizens with psychological relief from the increasing complexities of the manmade urban environment. Heritage trees are a people's living connection with their past and previous generations. Specifically: (a) Trees and forests improve the quality of life for residents of the Virgin Islands. (b) Forest lands and shade trees enhance the economic value of residential and commercial property. (c) Trees absorb carbon dioxide from the atmosphere, reduce the urban heat island effect and lower energy consumption, thereby mitigating global warming. (d) The Urban and Community Forestry Program of the United States Forest Service encourages, facilitates and provides information and technical assistance to government agencies and other entities that will encourage cooperative efforts to plan urban forestry programs, which are focused on planting, protecting, maintaining and utilizing trees in open spaces, greenbelts, roadside screens, parks, woodlands, curbs and residential developments in urban areas. (e) The Territorial Forester, through the Urban and Community Forestry Program, oversees forestry issues territory-wide and delivers urban and community forestry support to the community. The Territorial Forester or his designee is responsible for developing and disseminating technical guidance and information and providing financial support for these programs. (f) The U.S. Virgin Islands Urban & Community Forestry Council ("Forestry Council") is an advisory body to the Territorial Forester comprised of sixteen representatives from government agencies, public utilities, related industries, private groups, non-profit organizations and individuals concerned with forestry education, conservation and development in the Virgin Islands. (g) The Forestry Council assists the Territorial Forester in effective implementation of many aspects of the Forestry Program, including facilitating development, implementation and enforcement of the tree ordinance. History: Added Jan. 6, 2019, No. 8149, § 1, Sess. L. 2018, p. 314, 315.

(a) This chapter encourages the conservation and preservation of trees in the Virgin Islands and provides a tool by which the community of the Virgin Islands may create and maintain healthy and vigorous community forests in public spaces. It ensures the proper care and preservation of urban trees, ensures that tree canopy cover is maintained and improved in order to protect the health, safety and welfare of its citizens, and ensures a healthy, well-managed urban forest with high species diversity to co-exist with an urban infrastructure to the benefit of the people of the Virgin Islands. (b) This chapter is intended to: (1) establish and maintain the maximum sustainable amount of tree cover on public lands, specifically the public right-of-way along roadsides and land around public buildings; (2) maintain publicly owned trees in a healthy and nonhazardous condition through established arboricultural practices; (3) create two Virgin Islands urban forester positions and establish a Virgin Islands Tree Board to support and advise them; (4) provide a process and mechanism by which hazardous public trees can be pruned or removed, if necessary, and give the public a forum in which to voice their opinions on tree removal; and (5) guide the planning of new urban forests by using best management practices for selecting appropriate species for roadsides and planting them in suitable locations. (c) This chapter provides regulations for the care and maintenance of public trees, public nuisance trees and heritage trees. History: Added Jan. 6, 2019, No. 8149, § 1, Sess. L. 2018, p. 315, 316.

In this chapter: (1) "ANSI" means the American National Standards Institute. (2) "Arborist" means a certified expert on tree care and maintenance certified by an institution, such as the International Society of Arboriculture. (3) "Care" means that which is required to maintain the maximum possible health and vigor of a tree or shrub. (4) "Contractor" means a person, company or organization employed to supply necessary skills and services in planting, surveying, assessment, inventory, evaluation, pruning, trimming or removing trees and shrubs. (5) "Damage" means physical or chemical injury or harm by man or nature done to any tree or shrub. (6) "Diameter at Breast Height - (dbh)" means the total sectional diameter of a tree trunk or trunks measured 4.5 feet from the ground level. (7) "Heritage tree" means any tree, public or private, which is determined pursuant to this chapter to be of intrinsic value to the general public because of its species, size, age, location, ecological importance, historical and cultural significance, aesthetic value, economic benefit, special character, or community benefit. Heritage trees include: trees around historic structures, "jumbie trees", and the largest or tallest trees of a species. (8) "ISA" means the International Society of Arboriculture. (9) "Private tree" means a tree or shrub not on publicly-owned land or within a public street right-of-way. (10) "Prune" means to remove dead or living parts from a tree or shrub so as to increase health, vigor and form or reduce hazard. (11) "Public road" means a road the title to which, or the easement for the use of which, is vested in a public body or governmental agency, such as the Government of the Virgin Islands. (12) "Public nuisance tree" means a tree or shrub that threatens the safety of the public, persons or public infrastructure. It includes trees and shrubs whose branches, trunks or roots unreasonably interfere with the flow of vehicular traffic on public roads and rights-of-way by impeding the movement of vehicles and pedestrians, or the visibility to drivers, and trees and shrubs whose branches, trunks or roots unreasonably interfere with electric power transmission lines, telephone lines and cable lines or trees having large dead limbs hanging over public roadways. (13) "Public tree" means a tree or shrub on publicly owned land or within the right-of-way of a public street. (14) "Recommended tree list" means a list of tree species, including native species, approved by the Virgin Islands Tree Board that are suitable for planting on specific sites and for specific conditions within the right-of- way of a public road. (15) "Right-of-way of a public road" means land the title to which, or an easement for which, is held by the Federal or Territorial government for use as a public road. (16) "Roadside tree" means a plant that has a woody stem or trunk that grows in, or partially within, the right-of-way of a public road. (17) "Territorial Forester" means the Commissioner of Agriculture or another person appointed by the Governor as the head of a Virgin Islands forestry agency tasked by the United States Forest Service to provide territory-wide leadership in forestry matters; to deliver, through the Urban and Community Forestry Program, support to communities by developing partnerships, disseminating technical guidance and information, and to provide financial support for the establishment and growth of Urban and Community Forestry Programs. (18) "Shrub" means any self-supporting, woody, perennial plant growing upon the earth that usually produces several branches without any distinct head and usually does not exceed 10 feet in height at maturity. (19) "Tree" means a woody plant with a central trunk emerging from ground and acquiring a minimum height of 10 feet at maturity. (20) "Virgin Islands Tree Board" or "Tree Board" means the body that advises the Virgin Islands Urban Foresters and provides guidance on best management practices and evaluation regarding trees in road right-of-ways and other public places in the Virgin Islands. (21) "Urban and Community Forestry Program" or "U&CF; Program" means a program through which information and technical assistance is provided to the Government of the Virgin Islands and others and encourages cooperative efforts to plan urban forestry programs and to evaluate, assess, plant, protect, maintain and utilize trees in urban areas with specific, stated program goals. (22) "Urban Forest" means individual trees and shrubs that grow in and around urban and suburban communities, including by roadsides on public and private lands and provide social and ecosystem services to the human communities around them. (23) "Virgin Islands Urban Foresters" or "Urban Foresters" means the forestry and tree care professionals who are primarily responsible for addressing issues related to public trees, reviewing and responding to permit applications and for regulating and advising on planting, pruning and removal of urban trees. Urban Foresters also support appropriate forest and tree preservation activity, conduct research and promote the benefits of urban forestry. History: Added Jan. 6, 2019, No. 8149, § 1, Sess. L. 2018, p. 316-315; amended July 20, 2019, No. 8184, § 7(a)(1)-(3), Sess. L. 2019, p. 27.

(a) To facilitate the implementation of this chapter, there is established within the Department of Agriculture the position of Urban Forester, one for the district of St. Croix and one for the district of St. Thomas and St. John. The Urban Forester shall work for and answer directly to the Territorial Forester or the Commissioner of Agriculture. The Urban Foresters must have a Master's degree from an accredited university or a Bachelor of Science degree and approximately five years of experience in the field of forestry, urban forestry, natural resources management, planning or other related field. (b) The Urban Forester shall: (1) advise and assist the Territorial Forester in all matters related to urban forestry in the Virgin Islands; (2) manage the urban forests of the Virgin Islands; (3) serve on the Tree Board; (4) earn and maintain active and valid certification as an arborist by the International Society of Arboriculture or other certifying agencies; (5) supervise or coordinate with the Departments of Agriculture, Public Works, Planning and Natural Resources, the Virgin Islands Water and Power Authority, Waste Management Authority and any other governmental entity to evaluate, assess, maintain, remove or plant trees on public property; (6) grant or deny permit applications to prune, remove or plant public trees; (7) ensure that roadside and other public trees are not pruned, removed or planted without the permits as required by this chapter; and (8) ensure that a certified arborist is present at a permitted tree pruning, removal or planting and supervises and inspects the work. History: Added Jan. 6, 2019, No. 8149, § 1, Sess. L. 2018, p. 318, 319.

(a) There is established the Virgin Islands Tree Board to protect, manage, remove, and establish trees on public property within the Virgin Islands. The Virgin Islands Tree Board shall also identify, protect, and care for heritage trees that are of cultural, biological, and historical significance in the Virgin Islands. The members of the Tree Board are appointed by the Territorial Forester in consultation with the Forest Stewardship Program Coordinator and the Urban and Community Forestry Program Coordinator. The Tree Board consists of seven members. At least five of the members must have expertise or education in the fields of arboriculture, forestry, urban forestry, or urban planning. A representative from the Virgin Islands State and Historic Preservation Office (VISHPO) or the Virgin Islands Historic Preservation Commission must serve as a member. The Tree Board shall maintain an inventory of the heritage trees and shall apply to the VIHPC to have heritage trees entered into the Registry of Historic Buildings, Sites, and Places and apply to VISHPO to have heritage trees entered into the National Register of Historic Places. (b) Persons initially appointed to the Tree Board serve either a one, two, three or a four-year term, as determined by the Territorial Forester. All subsequent membership must be for a term of four years. Succeeding members must be nominated by the original Tree Board members and approved by the membership. Vacancies on the Board are filled for the unexpired term in the same manner as the original appointment. The members serve without pay. (c) The Urban Foresters may seek input and advice from the Tree Board members, but are not members of the Tree Board. (d) The Tree Board shall draft policies, make recommendations and promote practices to preserve or increase the overall urban forest canopy of the Virgin Islands. The Tree Board members shall remain current and knowledgeable with the standards and practices of the American National Standards Institute, including ANSI A300; the International Society of Arboriculture and other professional organizations dedicated to the care and maintenance of trees. (e) The Board's policies must lead to properly managed urban and community forests, maintained with modern and safe tree care practices. The Board's planting recommendations must promote species diversity in urban and community forests, with an emphasis on native tree species that are suited for roadside conditions. The Tree Board shall: (1) advise the Urban Foresters on technical urban forestry matters, including maintenance, removal, and planting of trees and shrubs within the rights-of-way of public streets and on publicly owned property and public easements, including utility easements, to insure safety and to preserve or enhance the aesthetics of such public sites; (2) maintain and periodically update the recommended tree list; (3) write, revise, and maintain best management practices for tree pruning, removal and planting; (4) draft other appropriate standards as are considered necessary, including the adoption of specific nursery standards, tree size requirements, and maintenance regimes; and (5) approve certified arborists to practice in the Virgin Islands. History: Added Jan. 6, 2019, No. 8149, § 1, Sess. L. 2018, p. 319, 320.

(a) A permit must be obtained from the Urban Forester in each respective district for all types of work or treatments to public trees, including branch and root pruning and the removal of public trees. (b) The scope of work set forth in the application must conform to the guidelines and best management practices adopted by the Tree Board and must be approved by the Urban Foresters. (c) A major permit is a permit issued for a six-month period to entities or persons who conduct frequent roadside tree work. An application for a major permit must include the specific streets or areas where tree work will be conducted but does not need to identify individual trees. (d) Permit applications must be submitted to the Urban Forester for approval prior to commencement of work. Permitted work must be performed under the supervision of a Board approved, certified arborist. The arborist's name, certification number, signature and the certifying agency must appear on all applications. The arborist is responsible for the quality of the work performed on site and for adherence to the scope of work approved under the permit. (e) It must be clearly stated in the permit application when roadside vegetation maintenance work requires the closure or a lane of the roadway or the redirection of motor vehicle traffic. The best management practices of the Tree Board or ANSI guidelines must be followed when planning lane closure. Roadside vegetation work may not be conducted on both directions of the roadway simultaneously. (f) Crews of the Virgin Islands Department of Public Works and the Virgin Islands Water and Power Authority, or their subcontractors, are permitted to prune or remove public trees as needed in order to maintain properly functioning public infrastructure, such as roads, sidewalks, overhead utilities, or buried utilities; but a member of the crew must be a certified arborist or the crew must have a certified arborist who supervises the work, provides the written work plan and visits the worksite daily. An Urban Forester or a third-party arborist may serve as the supervisory arborist. (g) If a private contractor is engaged to prune or remove a public tree, the arborist who signs the permit application must prepare the work plan and review the work on a daily basis to ensure that the work is being executed according to the plan. The arborist may be the urban forester, an employee of the agency, or a private-sector contractor performing the work. History: Added Jan. 6, 2019, No. 8149, § 1, Sess. L. 2018, p. 320, 321; amended July 20, 2019, No. 8184, § 7(b), Sess. L. 2019, p. 27.

History: Repealed. July 20, 2019, No. 8184, § 7(c), Sess. L. 2019, p. 27.

(a) Notice of a public tree removal, pruning or planting must be posted, advising the public of the date and description of tree that is to be removed. The notice must be posted in a prominent location and be visible from a public street. The notice must also be published in a newspaper of general circulation and broadcasted on the radio for a period of not less than 14 days. (b) The Tree Board shall hold a public hearing not less than 14 days prior to the tree removal. The Urban Forester and the applicant for the tree removal shall attend the hearing and members of the public may make comments at the hearing. The hearing may take place at an accessible and appropriate venue. (c) The date, time, location, species and number of replacement trees to be planted must be stated at the hearing. History: Added Jan. 6, 2019, No. 8149, § 1, Sess. L. 2018, p. 321; amended July 20, 2019, No. 8184, § 7(d), Sess. L. 2019, p. 27.

(a) Trees with less than five inches dbh, tan tan trees (Leucaena leucocephela) and roadside brush may be removed without a permit. (b) An application to remove a public tree must be submitted to the Urban Forester for approval in the form of a Public Tree Removal Permit Request. (c) A public tree may be removed if a certified arborist conducts a health and hazard assessment and determines that the tree presents a hazard. This assessment must accompany the permit for tree removal. When a public tree is removed a replacement tree must be planted, which must be the largest available of the same or similar species or another suitable species, at a one to one ratio, at the discretion of the Tree Board, the Territorial Forester, or the Urban Forester, so that there is not a net loss of urban forest cover. (d) Trees must be replanted in accordance with ANSI standards and other standards stated in the regulations promulgated by the Tree Board. The primary factors in determining which tree will replace a removed tree are the tree species and its trunk diameter at breast height (dbh), which must be selected from the list of recommended tree species pre-approved for roadside tree planting. Other species may be used upon approval by the Tree Board. Replacement trees do not need to be planted in the exact location of the removed tree, but in an appropriate location, as determined by a certified arborist. History: Added Jan. 6, 2019, No. 8149, § 1, Sess. L. 2018, p. 321, 322.

An entity or person who wants to plant a tree in the road right-of-way or other public space must submit an application to an urban forester. Information regarding the location, spacing, tree species and the sizes of the trees must be included in the application. The urban forester shall ensure that a tree listed on the recommended tree species list is planted, that the recommendations and best management practices of the Tree Board are followed and that the planting and maintenance of the tree has been properly considered. History: Added Jan. 6, 2019, No. 8149, § 1, Sess. L. 2018, p. 322.

(a) A certified arborist shall make the determination that a tree is a public nuisance tree. (b) The Urban Forester in accordance with the Virgin Islands Tree Board policies and best management practices has the right to prune or remove public nuisance trees that are located on private property. (c) The Urban Forester or the designated arborist has a right-of-entry for inspection onto private property, but must provide written notification and request permission to enter the property. (d) If the owner of private property refuses to allow the Urban Forester or an arborist designated by the Urban Forester to inspect the property, the Virgin Islands Department of Agriculture may compel inspection through legal process or other allowable means. (e) The Urban Forester shall inform owner of a public nuisance, in writing, 14 days prior to the pruning or removal. This written notification must include the estimated cost of labor and materials required to remove or prune the tree and advise the property owner that the Government will incur the cost for this initial work, but that the property owner will bear the costs of any subsequent work done on a public nuisance tree on his or her property. Any subsequent notice to the property owner regarding a public nuisance tree must include an estimate of the cost of the work, the time period within which the property owner must complete the work and advising that if the work is not completed within that time period, the Government will perform the work and bill the property owner for the costs of the work. (f) If the owner of the public nuisance tree decides to prune or remove the tree, the work must be done in accordance with provisions of this chapter and the policies and best practices of the Tree Board. Tree pruning or removal to be conducted on privately owned property near power lines must be performed by a certified professional upon approval of the Virgin Islands Water and Power Authority. Unlicensed, uncertified, and uninsured individuals are not permitted to work in the vicinity of public utility lines. History: Added Jan. 6, 2019, No. 8149, § 1, Sess. L. 2018, p. 322, 323; amended July 20, 2019, No. 8184, § 7(e), Sess. L. 2019, p. 27.

(a) No heritage tree may be pruned, removed or damaged in any way unless an Urban Forester, a designated arborist or the Territorial Forester determines that there is an overriding need for public improvements or a severe hardship exists for reasonable use of a site. (b) If an Urban Forester, the designated arborist or the Territorial Forester determines that a heritage tree needs to be pruned, removed, or is otherwise damaged, the Tree Board shall determine the appropriate means to address that need above and beyond that which is required for non-heritage trees. The Tree Board shall issue a written document specifying which tree, the action permitted, its location and the findings justifying the permission. Nothing in this section prevents the Tree Board from authorizing the removal of a heritage tree, if a certified arborist or the Urban Forester determines that the tree is dead, has become irreversibly diseased, irreversibly damaged by natural causes, or presents a hazard to the public. Pruning of any heritage tree must be conducted in accordance with Tree Board policies and procedures. History: Added Jan. 6, 2019, No. 8149, § 1, Sess. L. 2018, p. 323; amended July 20, 2019, No. 8184, § 7(f), Sess. L. 2019, p. 27.

(a) The Territorial Forester shall enforce the provisions of this chapter and may issue citations or institute legal proceedings for violations of this chapter. (b) If it becomes necessary, the Territorial Forester may request assistance from the Department of Planning and Natural Resources in the enforcement of this chapter. (c) As it pertains to the Virgin Islands Water and Power Authority and the Department of Public Works, in instances where immediate action is necessary to include power restoration due to service interruption or power quality degradation, these entities are exempted from the requirements of this chapter and shall comply with the procedures set forth by the Commissioner of Agriculture or his designee. History: Added Jan. 6, 2019, No. 8149, § 1, Sess. L. 2018, p. 323; amended July 20, 2019, No. 8184, § 7(g), Sess. L. 2019, p. 27-28.

(a) Any person or entity that violates any provision of this chapter by causing, contributing to, or permitting the injury of, removal, or destruction of a public tree, shrub or a heritage tree is subject to a civil penalty of not less than $100, but not more than $500 for each violation. (b) Penalties may be imposed by the issuance of a citation by the Territorial Forester. Any person or entity served with a citation has 30 days to pay the fine or to appeal the citation to the Superior Court of the Virgin Islands. History: Added Jan. 6, 2019, No. 8149, § 1, Sess. L. 2018, p. 323, 324.

The provisions of this chapter do not apply to: (1) Work conducted on property owned by the Federal Government; (2) Activities that have minor effect on trees, such as collecting fruit from trees, home gardening and landscaping of an individual's yard immediately surrounding a home; (3) Instances where a tree comes into contact with public infrastructure, such as overhead power transmission lines, where immediate action is required for the protection of life, limb, or property; (4) When a state of emergency has been declared by the Governor and emergency work of public infrastructure is required and compliance would impede the work; and (5) Any other circumstances that represent an immediate danger or hazard to public safety. History: Added Jan. 6, 2019, No. 8149, § 1, Sess. L. 2018, p. 324; amended July 20, 2019, No. 8184, § 7(h), Sess. L. 2019, p. 28.

It is hereby declared to be the public policy of the Government of the United States Virgin Islands, in recognition of its sovereign duty to conserve and control its water resources for the benefit of the inhabitants of the United States Virgin Islands, that comprehensive planning and regulation be undertaken for the protection, conservation and development of the water resources of the United States Virgin Islands to the end that they shall not be wasted and shall be used to the fullest extent to meet the present and future needs for domestic, agricultural, commercial, industrial, recreational and other public, beneficial purposes. It is further declared that an emergency condition exists with respect to the availability of surface and underground water in the United States Virgin Islands and that restrictions are necessary to prevent overpumping of water from wells, the depletion of surface and underground water, the intrusion of salt water and the resultant permanent destruction of underground water reservoirs as sources of potable water supply. In view of the foregoing, all waters within the United States Virgin Islands are hereby declared to be public waters belonging to the people of the United States Virgin Islands, subject to appropriation for beneficial use in the manner set forth in this chapter and not otherwise. History: Added Mar. 17, 1965, No. 1344, Sess. L. 1965, Pt. I, p. 82; amended July 2, 1965, No. 1488, § 1, Sess. L. 1965, Pt. I, p. 383; Nov. 28, 1987, No. 5292, § 2(8), Sess. L. 1987, p. 157.

(a) "Department" means the Department of Planning and Natural Resources. (b) "Commissioner" means the Commissioner of Planning and Natural Resources or his authorized representative. (c) "Person" means any individual, firm, partnership, association, corporation, the Government of the United States, the Government of the United States Virgin Islands, or any department, agency, or authority of such governments. (d) "Water" shall be construed to include ponds, springs, wells, and streams and all other bodies of surface or underground water, natural or artificial, inland or coastal, fresh or salt, public or private. (e) "Well" shall be construed to mean any hole drilled, dug, or bored for the purpose of obtaining water or knowledge of water bearing formations or for disposal of waste materials. (f) "Domestic use" means the use of water for household purposes, the watering of livestock, poultry and domestic animals, and the irrigation of not more than 1/2 acre of gardens and lawns. (g) "Vested right" means the right to continue the use of water having actually been applied to any beneficial use at the time of passage of this chapter or within three years prior thereto to the extent of the existing beneficial use made thereof. (h) "Appropriation" means an amount of water authorized and allotted by permit issued by the Commissioner, to be withdrawn from a designated source and applied to a specified beneficial use or uses within stated limits as to quantity, rate and period of withdrawal or diversion. History: Added Mar. 17, 1965, No. 1344, Sess. L. 1965, Pt. I, p. 82; amended July 2, 1965, No. 1488, § 1, Sess. L. 1965, Pt. I, p. 383; Nov. 28, 1987, No. 5292, § 2(1), (2), (8), Sess. L. 1987, p. 156, 157.

No person shall have the power to take or withdraw water without first obtaining a permit from the Commissioner conferring an appropriation right; provided, that this section shall not apply to any person taking or withdrawing less than 500 gallons per day for beneficial use; and provided, further, that existing users of water may continue to take or withdraw water to the extent of their vested right without a permit until 90 days after the promulgation of regulations by the Commissioner governing the issuance of permits, as provided in section 154 of this title, and thereafter so long as an application for a permit embodying these rights has been filed. History: Added Mar. 17, 1965, No. 1344, Sess. L. 1965, Pt. I, p. 82; amended July 2, 1965, No. 1488, § 1, Sess. L. 1965, Pt. I, p. 383; Nov. 28, 1987, No. 5292, § 2(3), Sess. L. 1987, p. 157.

(a) The Commissioner is hereby empowered and directed to issue regulations governing the form and consent of applications for appropriation permits. (b) The fee for an appropriation permit shall be ten dollars, and the permit shall be valid for a period of ten years or for such other period, not less than two nor more than twenty years, as may be deemed appropriate under the circumstances. The permit shall specifically state its term of validity. (c) Each appropriation permit shall state the maximum amount of water that may be taken or withdrawn per year and shall specifically describe the well or other source from which the water is to be obtained. The permit may also restrict the rate of taking or withdrawal per day, week, or month. History: Added Mar. 17, 1965, No. 1344, Sess. L. 1965, Pt. I, p. 82; amended July 2, 1965, No. 1488, § 1, Sess. L. 1965, Pt. I, p. 383; Nov. 28, 1987, No. 5292, § 2(3), Sess. L. 1987, p. 157.

(a) Applications for permits embodying vested rights shall be granted in preference to all other applications, except insofar as the Government may choose to condemn such rights under its powers of eminent domain and pay just compensation therefor; provided, that such applications and the permits issued pursuant to such applications may be denied, revoked, or modified when it is found, in accordance with section 156(c) of this title, that the exercise of rights under the permit would imperil the health or welfare of the people of the United States Virgin Islands by endangering, impairing, or destroying available sources of water. (b) All other applications for beneficial use of water shall be granted unless it is found by the Commissioner that there are not adequate supplies of water available at the source or sources designated in the application to assure continued availability of water from the designated source or sources to the applicant and prior appropriators; provided, that the Commissioner may limit the amount of appropriation authorized by the permit to such amount as he has reason to believe is available and will actually be put to the described beneficial use or uses within three years from the time of issuance of the permit. (c) All applications for the taking or withdrawal of water from the same source or sources filed within thirty days of one another shall be considered contemporaneous applications. In the event the quantity of water sought to be appropriated by contemporaneous applications exceeds the quantity available for appropriation, the Commissioner is empowered, subject to the provisions of subsection (d) of this section, to grant one or more applications in whole or in part and to deny any or all of the applications in whole or in part; provided, that he shall not refuse to appropriate waters found to be available for appropriation. (d) The Commissioner shall promulgate rules and regulations generally describing the principles to be applied in carrying out the provisions of this chapter, including the resolution of conflicting contemporaneous applications for appropriation permits and the revocation or modification of appropriation permits pursuant to section 156(c) of this title; provided, that preference shall be given to domestic uses as against other beneficial uses and may be given to renewal applications over new applications. History: Added Mar. 17, 1965, No. 1344, Sess. L. 1965, Pt. I, p. 82; amended July 2, 1965, No. 1488, § 1, Sess. L. 1965, Pt. I, p. 383; Nov. 28, 1987, No. 5292, § 2(3), (4), (8), Sess. L. 1987, p. 157.

(a) The rights conferred by an appropriation permit shall lapse, and the permit shall become null and void, in the event of nonuse of the appropriation for a period of two consecutive years; provided, that the Commissioner shall have discretion not to apply this subsection to appropriations expressly intended for emergency or standby purposes, rather than regular use, upon a showing that the need to use the appropriated water has not arisen during the period of nonuse. (b) Within one year from the date of issuance of any permit under this chapter the Commissioner shall review the application, inspect any well or other water works constructed in connection therewith, and examine the actual use of water being made under the permit. If, upon such review and inspection, he finds that the amount authorized for appropriation in the original permit exceeds the amount that will be required to meet the needs of the permittee for beneficial use, he may amend the permit by reducing the amount authorized for appropriation to the required amount. (c) Whenever it is found that the appropriations authorized or the actual withdrawals from any source of water exceed the quantity of water that may safely be withdrawn from the source, the Commissioner shall take steps to protect the water source, including the modification or revocation of any outstanding appropriation permits authorizing withdrawal from that source. History: Added Mar. 17, 1965, No. 1344, Sess. L. 1965, Pt. I, p. 82; amended July 2, 1965, No. 1488, § 1, Sess. L. 1965, Pt. I, p. 383.

(a) No person shall engage in the business of well drilling in the United States Virgin Islands without first obtaining a license from the Commissioner as hereinafter provided. Such licenses are required not only of those who make a regular business of well drilling, but of all who may put down wells for others as an incident to any line of business activity. Well drillers' licenses are not required for strictly private operations when a property owner by his own labor puts down a well on his own property to supply his own dwelling or the needs of his animals or crops. (b) Application for a well driller's license shall be made on a form prescribed and furnished by the Commissioner providing such information as the Commissioner deems necessary for the purpose of the issuance of such licenses. The number of the license must be displayed on the well-drilling machinery of the licensee. The fee for such license shall be twenty-five dollars annually. (c) Within 30 days after the completion or the termination for any reason of the drilling of any well, whether or not any water is found, a report shall be filed by the driller on forms furnished and prescribed by the Commissioner, indicating the log of the well, materials encountered, with depth below ground surface, water bearing beds, yields and water levels in each, casings, screens, pumping tests, the size and depth of the well, the capacity of the pump or pumps attached or to be attached thereto and such other information pertaining to the withdrawal of water and the operation of such well as the Commissioner may deem necessary. The driller shall at the request of the Commissioner also furnish samples of the materials encountered in the drilling of the well, which shall be taken at intervals of five feet or at every change of formation. (d) This section will become effective 30 days after the issuance of regulations governing well drillers' licenses. History: Added Mar. 17, 1965, No. 1344, Sess. L. 1965, Pt. I, p. 82; amended July 2, 1965, No. 1488, § 1, Sess. L. 1965, Pt. I, p. 383; Nov. 28, 1987, No. 5292, § 2(3), (5), (8), Sess. L. 1987, p. 157.

Except as provided in section 153 of this title, no well shall be drilled in the United States Virgin Islands unless the owner or lessee of the land on which the well is to be drilled shall have obtained an appropriation permit authorizing withdrawal of water by means of such well. History: Added Mar. 17, 1965, No. 1344, Sess. L. 1965, Pt. I, p. 82; amended July 2, 1965, No. 1488, § 1, Sess. L. 1965, Pt. I, p. 383; Nov. 28, 1987, No. 5292, § 2(8), Sess. L. 1987, p. 157.

(a) All persons taking or withdrawing water in any amount, including persons exempted from the permit requirements of this chapter by virtue of the fact that they are taking or withdrawing less than 500 gallons of water per day, shall be obligated at all times to provide the Commissioner with such information as may be requested and as is reasonably required for the successful regulation and conservation of the water resources of the United States Virgin Islands. (b) The Commissioner or his authorized representative shall have the power at reasonable hours to make such inspections and take such samples as may be necessary for the proper and effective execution of his responsibilities under this chapter, including the gathering of information related to conservation of the water resources of the United States Virgin Islands, the supervision of the construction, repair, and maintenance of wells, and the enforcement of the terms and conditions contained in appropriation permits issued by him. (c) Failure to provide information and permit inspection authorized by this section shall be grounds for the revocation of an appropriation permit, as well as for the imposition of such other penalties as may be authorized by law. History: Added Mar. 17, 1965, No. 1344, Sess. L. 1965, Pt. I, p. 82; amended July 2, 1965, No. 1488, § 1, Sess. L. 1965, Pt. I, p. 383; Nov. 28, 1987, No. 5292, § 2(6), (8), Sess. L. 1987, p. 157.

(a) Any person operating a well pursuant to an appropriation permit shall install a meter of a type and in the manner specified by regulations of the Commissioner for the purpose of recording the amount of water drawn from the well. When appropriate, meters may also be required in connection with the withdrawal of water by other means under an appropriation permit. (b) The Commissioner shall have the power, in the case of wells excepted from the permit requirement by section 153 of this title, to install a meter at the Government's expense. (c) Each well shall have an opening of not less than 3/4 inch in diameter for the measurement of water levels in the well by means of a wetted steel tape. For sanitary purposes this opening shall be sealed by means of a plug when not in use. The well shall be so constructed that this opening shall be readily accessible. History: Added Mar. 17, 1965, No. 1344, Sess. L. 1965, Pt. I, p. 82; amended July 2, 1965, No. 1488, § 1, Sess. L. 1965, Pt. I, p. 383; Nov. 28, 1987, No. 5292, § 2(3), Sess. L. 1987, p 157.

For the purpose of preventing the contamination of fresh-water aquifers, the owner of a well, upon abandoning or encountering highly mineralized water in any existing or new well test hole, shall immediately notify the Commissioner and shall effectively seal such well or test hole under the supervision of and to the satisfaction of the Commissioner. History: Added Mar. 17, 1965, No. 1344, Sess. L. 1965, Pt. I, p. 82; amended July 2, 1965, No. 1488, § 1, Sess. L. 1965, Pt. I, p. 383.

No owner of a well, whether a pumping well or a flowing well, shall discharge from the well or permit the discharge from the well of water that is allowed to run to waste and not put to useful service, except in connection with pumping tests. History: Added Mar. 17, 1965, No. 1344, Sess. L. 1965, Pt. I, p. 82; amended July 2, 1965, No. 1488, § 1, Sess. L. 1965, Pt. I, p. 383.

History: Repealed. June 24, 1987, No. 5265, § 303(f). Sess. L. 1987, p. 42.

(a) Any person who willfully violates any of the provisions of this chapter or of the rules and regulations promulgated pursuant thereto shall be fined not more than $500 or imprisoned for not more than 6 months, or both. (b) The Commissioner shall, regardless of the criminal provisions of this section, have the power, upon finding a violation of any of the provisions of this chapter or of any rules or regulations promulgated pursuant thereto, to withhold, modify, amend, revoke, or suspend any license or permit authorized or issued under this chapter. History: Added Mar. 17, 1965, No. 1344, Sess. L. 1965, Pt. I, p. 82; amended July 2, 1965, No. 1488, § 1, Sess. L. 1965, Pt. I, p. 383.

In case of noncompliance with the provisions of this chapter or with the terms and conditions of any rule, regulation, license, or permit issued thereunder, the Commissioner, in addition to or in lieu of proceeding under section 164(b) of this title, may notify the Attorney General of such noncompliance. The Attorney General, upon receipt of such notification may, in addition to or in lieu of proceeding under section 164(a) of this title, institute an appropriate action or proceeding at law or in equity to restrain, correct, or remove such noncompliance. History: Added Mar. 17, 1965, No. 1344, Sess. L. 1965, Pt. I, p. 82; amended July 2, 1965, No. 1488, § 1, Sess. L. 1965, Pt. I, p. 383.

Any person aggrieved by any decision of the Commissioner made pursuant to this chapter may appeal such decision to the Board of Land Use Appeals within 10 days of the decision. History: Added Mar. 17, 1965, No. 1344, Sess. L. 1965, Pt. I, p. 82; amended July 2, 1965, No. 1488, Sess. L. 1965, Pt. I, p. 383; Nov. 28, 1987, No. 5292, § 2(7), Sess. L. 1987, p. 157.

History: Repealed. Nov. 28, 1987, No. 5292, § 2(7), Sess. L. 1987, p. 157.

Whereas the pollution of the waters of the United States Virgin Islands constitutes a menace to public health and welfare, creates public nuisances, is harmful to wildlife, fish and aquatic life, and impairs beneficial uses of water, it is hereby declared to be the public policy of the United States Virgin Islands to conserve the waters of the United States Virgin Islands and to protect, maintain and improve the quality thereof for public water supplies, for the propagation of wildlife, fish and aquatic life, and for domestic, recreational and other legitimate beneficial uses; to provide that no waste be discharged into any waters of the United States Virgin Islands without first receiving the necessary treatment or other corrective action to protect the legitimate beneficial uses of such waters; to provide for the prevention, abatement and control of new or existing water pollution; to authorize the United States Virgin Islands to implement the provisions of the Federal Water Pollution Control Act, and acts amendatory thereof or supplementary thereto, and federal regulations and guidelines issued pursuant thereto so that permits may be issued by the United States Virgin Islands under the provisions of that Act. History: Added June 28, 1976, No. 3829, Sess. L. 1976, p. 71.

For the purposes of this chapter, and unless the context otherwise requires, the following words and phrases shall have the meanings ascribed to them in this section: (a) "Pollution" means such contamination, or other alteration of the physical, chemical or biological properties, of any waters of the United States Virgin Islands, including change in temperature, taste, color, turbidity, or odor of the waters, or such discharge of any liquid, gaseous, solid, radioactive, or other substance into any such waters as will or is likely to create a nuisance or render such waters harmful, detrimental or injurious to public health, safety or welfare, or to domestic, recreational, or other legitimate beneficial uses, or to livestock, wild animals, birds, fish or other aquatic life; or the man-made or man- induced alteration of the chemical, physical, biological or radiological integrity of any such waters. (b) "Pollutant" or "waste" used interchangeably, means dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt and industrial, municipal and agricultural waste discharged into water. (c) "Sewerage system" means pipelines or conduits, pumping stations, and force mains, and all other structures, devices, appurtenances and facilities used for collecting or conducting wastes to an ultimate point for treatment or disposal. (d) "Treatment works" means any plant or other works, used for the purpose of treating, stabilizing or holding wastes. (e) "Disposal system" means a system for disposing of wastes, either by surface or underground methods, and includes sewerage systems, treatment works, disposal wells and other systems. (f) "Waters of the United States Virgin Islands" means all waters within the jurisdiction of the United States Virgin Islands including all harbors, streams, lakes, ponds, impounding reservoirs, marshes, water-courses, water-ways, wells, springs, irrigation systems, drainage systems and all other bodies or accumulations of water, surface and underground, natural or artificial, public or private, situated wholly or partly within or bordering upon the United States Virgin Islands, including the territorial seas, contiguous zones, and oceans. (g) "Person" means an individual, corporation, partnership, association, territory, or territorial agency, the Government of the Virgin Islands, the Government of the United States, and any board, commission, authority, or independent instrumentality of the Government of the Virgin Islands and the United States Government and any officer, agent, or employee thereof, including those having regulatory authority over the discharge of pollutants. (h) "Commissioner" means the Commissioner of the Department of Planning and Natural Resources, or his designee. (i) "Discharge" or "disposal" means the addition of any pollutant to United States Virgin Islands waters from any point source. (j) "Point source" includes but is not limited to any discernible, confined and discrete conveyance, any pipe ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, or vessel or other floating craft, or landfill leachate collection system from which pollutants are or may be discharged. (k) "Effluent limitations" means any restrictions or prohibitions established under United States Virgin Islands and federal laws and regulations, including but not limited to effluent limitations, standards of performance for new sources, toxic effluent standards and ocean discharge criteria, on quantities, rates and concentrations of chemical, physical, biological and other constituents which are discharged from point sources into United States Virgin Islands waters, including schedules of compliance. (l) "Water quality standards" means any water quality standards adopted and effective under United States Virgin Islands and federal laws. (m) "Water quality criteria" means any criteria describing the required quality of United States Virgin Islands waters adopted under United States Virgin Islands and federal laws. (n) "Schedule of compliance" means a schedule of remedial measures including an enforceable sequence of actions or operations leading to compliance with an effluent limitation or water quality standard. (o) "Permit" means a permit to discharge pollutants into United States Virgin Islands waters issued under section 185 of this chapter. (p) "Industrial user" means those industries identified in the Standard Industrial Classification Manual, United States Bureau of the Budget, 1967, as amended and supplemented under the category "Division D - Manufacturing" and such other classes of significant waste producers identified under regulations issued by the Commissioner or the Administrator of the United States Environmental Protection Agency. (q) "Publicly owned treatment works" means any facility for the treatment of pollutants owned by the United States Virgin Islands, any political subdivision thereof, or other public entity. (r) "Federal Water Pollution Control Act" and "Federal Clean Water Act" used interchangeably, mean the Federal Clean Water Act, 33 U.S.C., section1251 et seq. as amended, and the rules and regulations promulgated there under. (s) "Administrator" means the Administrator of the United States Environmental Protection Agency. History: Added June 28, 1976, No. 3829, Sess. L. 1976, p. 73; amended May 19, 2000, No. 6349, § 1, Sess. L. 2000, p. 23.

History: Repealed. June 24, 1987, No. 5265, § 303(g), Sess. L. 1987, p. 42.

The Department shall have and may exercise the following powers and duties: (a) To exercise general supervision of the administration and enforcement of this chapter and all rules and regulations and orders promulgated thereunder, and to perform any and all acts necessary to carry out the purposes and requirements of this chapter and of the Federal Water Pollution Control Act, as amended, relating to the United States Virgin Islands participation in the National Pollutant Discharge Elimination System; (b) To develop comprehensive programs including participation in the National Pollutant Discharge Elimination System, for the prevention, control and abatement of all existing or potential pollution of the waters of the United States Virgin Islands and to develop, propose, promulgate and amend such rules and regulations as are necessary to carry out the purposes of this chapter; (c) To advise, consult, cooperate, contract and enter into agreements with agencies of the Federal Government and with agencies of the United States Virgin Islands, interstate agencies and with other persons as necessary to carry out the purposes of this chapter; (d) To transmit such documents and data to and from the U.S. Environmental Protection Agency and to other appropriate governmental agencies as may be necessary and required by regulation or formal agreement; (e) To accept and administer loans and grants from the Federal Government and from other sources, public or private, for carrying out any of its functions, which loans and grants shall not be expended for other than the purposes for which provided; (f) To encourage, participate in, or conduct studies, investigations, research and demonstrations relating to water pollution and causes, prevention, control and abatement thereof as it may deem advisable and necessary for the discharge of its duties under this chapter; (g) To establish and operate appropriate devices, methods, systems and procedures necessary to monitor, collect, update and disseminate information relating to the quality of navigable waters and ground waters and to water pollution and the prevention, control and abatement thereof, and to submit such information in the required form, to the Administrator of the United States Environmental Protection Agency in accordance with section 305(b) of the Federal Water Pollution Control Act, as amended; (h) To adopt, modify, repeal and promulgate standards of quality of the waters of the United States Virgin Islands for the prevention, control and abatement of pollution; (i) To adopt, modify, repeal and promulgate, after public comment or hearing on due notice, and to enforce such rules and regulations as may be necessary to prevent, control, and abate existing or potential water pollution; (j) To issue, modify, or revoke orders (1) prohibiting or abating discharges of wastes or pollution into the waters of the United States Virgin Islands; and (2) requiring the construction of new disposal systems or any parts thereof or the modification, extension or alteration of existing disposal systems or any parts thereof, or the adoption of other remedial measures to prevent, control or abate pollution. (k) To administer grants to the Government of the United States Virgin Islands for the construction of sewage treatment works; (l) To hold such hearings, to issue notices of hearing and subpoenas requiring the attendance of such witnesses and the production of such evidence, to administer such oaths, and to take such testimony as may be necessary; (m) To require the prior submission of plans, specifications, and other data relative to, and to inspect the construction with the issuance of such permits or approvals as are required by this chapter; (n) To issue, continue in effect, revoke, modify or deny, under such conditions as it may prescribe to prevent, control or abate pollution, permits for the discharge of pollutants into the waters of the United States Virgin Islands, and for the installation, modification or operation of disposal systems or any parts thereof and general permits as prescribed by rules and regulations not inconsistent with this chapter; (o) To require proper maintenance and operation of disposal systems; (p) To exercise all incidental powers necessary to carry out the purposes of this chapter; (q) To administer and enforce the provisions of this chapter as it relates to participation in the National Pollution Discharge Elimination System, and all rules, regulations, orders, effluent limitations, water quality standards and permits promulgated, issued or effective hereunder; (r) To establish and conduct a continuing planning process consistent with the requirements of the Federal Water Pollution Control Act, as amended, including, but not limited to, the establishment and application of maximum daily loads of pollutants. (s) To establish by regulation and collect reasonable fees sufficient to defray costs incurred in developing and administering the permit program requirements of this chapter. History: Added June 28, 1976, No. 3829, Sess. L. 1976, p. 75; amended May 19, 2000, No. 6349, § 2, Sess. L. 2000, p. 24.

(a) Except as provided in this chapter and any rules and regulations promulgated hereto, the discharge of any pollutant into the waters of the United States Virgin Islands or the causing of pollution of the waters of the Virgin Islands, by any person, shall be unlawful. (b) It shall be unlawful for any person to carry on any of the following activities unless he holds a current permit therefor from the Commissioner, as is required by him, for the disposal of all wastes which are or may be discharged thereby into the waters of the United States Virgin Islands and the issuance of any permit under this chapter shall be in accordance with section 401 of the Federal Clean Water Act and shall constitute the certification required for activities thereunder: (1) the construction, installation, modification or operation of any disposal system or part thereof or any extension or addition thereto; (2) the increase in volume or strength of any pollutants in excess of the permissive discharge specified under any existing permit; (3) the construction, installation or operation of any industrial, commercial or other establishment, or any extension or modification thereof, the operation or addition of which would cause an increase in the discharge of pollutants into the waters of the United States Virgin Islands or would otherwise alter the physical, chemical or biological properties of any waters of the United States Virgin Islands in any manner not already lawfully authorized; (4) the construction or use of any new outlet for the discharge of any pollutants into the waters of the United States Virgin Islands; (5) the disposal of any pollutants into wells. (c) The Commissioner, under such conditions as he may prescribe, may require the submission of such plans, specifications, and other information as he deems necessary to carry out the provisions of this chapter or to carry out the rules and regulations adopted pursuant thereto. (d) Issuance of permits. The Commissioner may, after public notice and opportunity for public hearing, issue a permit for the discharge of any pollutant or combination of pollutants into the waters of the United States Virgin Islands notwithstanding paragraph (a) of this section upon condition that such discharge meets or will meet all applicable territorial and federal water quality standards and effluent limitations and all other requirements of this chapter. In addition, the Commissioner shall give notice to appropriate governmental agencies of proposed actions concerning the issuance of permits. (e) Duration of permits. Each permit issued under this chapter shall be issued for a specified term not to exceed five years. Upon expiration of a permit, a new permit may be issued by the Commissioner, after review by him in accordance with such rules and regulations as he may prescribe, after notice and opportunity for public hearing, and upon condition that the discharge meets or will meet all applicable territorial and Federal water quality standards, effluent limitations and all other requirements of this chapter; provided, that when a permittee has made timely and sufficient application for a renewal or a new permit in accordance with the aforementioned rules and regulations, a permit with reference to an activity of a continuing nature shall not expire until the application has been finally acted upon by the Commissioner. (f) General terms and conditions of permits. (1) The Commissioner is authorized to require as conditions for permits issued under this chapter the achievement of: (A) effluent limitations based upon the application of such levels of treatment technology and processes as are required under the Federal WFederal Water Pollution Control Actded and the rules and regulations promulgated thereunder; and (B) any more stringent effluent limitations necessary to meet water quality criteria established pursuant to any territorial or federal law or regulation; (2) The Commissioner is further authorized to: (A) set and revise schedules of compliance, including interim compliance dates, and include such schedules within the terms and conditions of permits for the discharge of pollutants as may be required under this chapter or by the Federal Clean Water Act and the rules promulgated thereunder; and (B) prescribe terms and conditions for permits issued under this chapter to assure compliance with applicable territorial and federal effluent limitations and water quality criteria, including requirements concerning recording, reporting, monitoring, entry and inspection, to the extent permissible under section 189 of this chapter, and such other requirements as are consistent with the purposes of this chapter. (g) Prohibitions against issuing permits in certain instances. No permit shall be issued authorizing any of the following discharges: (1) The discharge of any radiological, chemical or biological warfare agent or high-level radioactive waste or medical waste; (2) Any discharge which the Secretary of the Army, acting through the Chief of Engineers, finds would substantially impair anchorage and navigation of any waters of the United States; (3) Any discharge that is in conflict with the Federal CFederal Clean Water Act discharge to which the Administrator of the U.S. Environmental Protection Agency, or his designee, has objected pursuant to any right provided to the Administrator under the Federal WFederal Water Pollution Control Actamended; (4) Any discharge which is in conflict with an area-wide waste treatment management plan approved under the Federal Water Pollution Control Act, as amended. (h) Permit conditions concerning publicly owned treatment works. (1) The Commissioner shall impose as conditions in permits for the discharge of pollutants from publicly owned treatment works, requirements for information to be provided by the permittee concerning (A) new introductions of pollutants into such works from any source; and (B) substantial changes in the volume or character of pollutants being introduced into such treatment works. (2) The Commissioner is authorized to impose as conditions in permits for the discharge of pollutants from publicly owned treatment works appropriate measures to establish and insure compliance by industrial users with any system of user charges required under United States Virgin Islands or federal law or any regulations or guidelines promulgated thereunder. (3) The Commissioner is authorized to impose as conditions in permits for the discharge of pollutants from publicly owned treatment works appropriate measures to insure compliance by industrial users of any toxic pollutant effluent standards and pretreatment standards required by federal or territorial law and the Commissioner may issue permits for pretreatment of discharges of pollutants into publicly-owned treatment works. (i) Revocation, modification of permits. Any permit issued under this chapter may be revoked, modified, or revised, in whole or in part, during its term for cause, including, but not limited to the following: (1) violation of any condition of the permit, including any interim schedule of compliance; (2) obtaining a permit by misrepresentation or failure to disclose fully all relevant facts; (3) change in any condition that requires either a temporary or permanent reduction or elimination of the permitted discharge; (4) promulgation by the Administration, subsequent to the issuance of the permit, of any toxic pollutant standard more stringent than that in effect at the time such permit was issued. History: Added June 28, 1976, No. 3829, Sess. L. 1976, p. 77; amended June 23, 1981, No. 4564, Sess. L. 1981, p. 58; May 19, 2000, No. 6349, § 3, Sess. L. 2000, p. 24.

(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. History: Added June 28, 1976, No. 3829, Sess. L. 1976, p. 80; amended May 19, 2000, No. 6349, § 4, Sess. L. 2000, p. 25.

(a) The Commissioner, on request of the Virgin Islands Planning Board or on his initiative, shall gather and supply information concerning water pollution in the United States Virgin Islands which is relevant to planning and zoning activities affecting the United States Virgin Islands. (b) The Virgin Islands Planning Board shall bring to the attention of the Commissioner all proposed zoning actions pending before the Planning Board. The Commissioner shall review all such actions referred to him, and, based upon his consideration of the consequences of such actions on the waters of the United States Virgin Islands, shall make a report, including recommendations, to the Planning Board with respect to those pending actions which the Commissioner deems to have a significant relationship to water pollution in the United States Virgin Islands. The Planning Board shall take no proposed action inconsistent with a specific finding by the Commissioner that the same would result in pollution of the waters of the Virgin Islands. The Commissioner may promulgate such rules and regulations as are necessary to implement this paragraph. History: Added June 28, 1976, No. 3829, Sess. L. 1976, p. 81.

(a) (1) Whenever, on the basis of any information available to him, the Commissioner has reason to believe that a violation of any provision of this chapter or of any regulation or of any order of the Commissioner pursuant thereto, or any water quality standards, effluent limitations, or conditions of permits issued pursuant to this chapter has occurred, he may cause a written complaint to be served upon the alleged violator or violators. The complaint shall specify the provision of this chapter, regulation, order or permit alleged to be violated, the facts alleged to constitute a violation thereof, and shall contain an order that necessary corrective action be taken within a reasonable time to be prescribed in such order. Any such order shall become effective upon issuance. Any person or persons named therein may request in writing, within 15 days after the date such complaint and order is served, a hearing before the Commissioner. Such request shall not act as a stay of enforcement of the Commissioner's order unless so ordered and directed by the Commissioner or by a court. On the basis of such hearing, the Commissioner shall continue such order in effect, revoke it, or modify it. (2) In lieu of such order, the Commissioner may require that the alleged violator appear at a time and place specified in the notice and answer the charges complained of. The notice shall be delivered to the alleged violator or violators not less than 10 days before the time set for the hearing. (b) The Commissioner shall afford an opportunity for a fair hearing to the alleged violator or violators at the time and place specified in the notice or any modification thereof. On the basis of the evidence produced at the hearing the Commissioner shall make findings of fact and conclusions of law and enter such order as in his opinion will best further the purposes of this chapter. The Commissioner, prior to entering his order on the basis of such record and recommendations, shall provide opportunity to the parties to submit for his consideration exceptions to the recommended findings or conclusions and supporting reasons for such exceptions, such submission to be made within 10 days. Written notice of such order shall be issued to the alleged violator and to such other persons as shall have appeared at the hearing and made written request for notice thereof. The order of the Commissioner shall become final and binding on all parties unless appealed to the courts as provided in section 191 within 15 days after notice has been sent to the parties. (c) Any person who is denied a permit by the Commissioner or who has such permit revoked or modified shall be afforded an opportunity for a fair hearing as provided in subsection (b) of this section in connection therewith upon written application to the Commissioner within 15 days after receipt of notice from the Commissioner of such denial, revocation or modification. On the basis of such hearing the Commissioner shall affirm, modify or revoke his previous determination. (d) Whenever the Commissioner finds that a water pollution emergency exists requiring immediate action to protect the public health or welfare, the Commissioner, without notice of hearing, may issue an order reciting the existence of such an emergency and requiring that such action be taken as he deems necessary to meet the emergency, or he may bring suit on behalf of the United States Virgin Islands in the appropriate court to immediately restrain any person causing or contributing to such pollution, or he may take such other action as may be necessary. For purposes of this section, "emergency" is defined as any time that a pollution source or combination of sources is presenting an imminent and substantial endangerment to the health of persons, or to the welfare of persons or is presenting an imminent or substantial threat to the environment. The Commissioner shall provide immediate telephone notice to the appropriate Regional Administrator of the U.S. Environmental Protection Agency of any actual or threatened endangerments to the health or welfare of persons resulting from such discharges of pollutants. Such emergency order shall be effective immediately. Any person to whom such order is directed shall comply therewith immediately but on application to the Commissioner shall be afforded a hearing as soon as possible. On the basis of such hearing the Commissioner shall continue such order in effect, revoke it or modify it. History: Added June 28, 1976, No. 3829, Sess. L. 1976, p. 82; amended May 19, 2000, No. 6349, § 5, Sess. L. 2000, p. 26.

(a) Monitoring, recording and reporting. The Commissioner may by regulation, order, permit or otherwise, require the owner or operator of any source of a discharge of pollutants or of any source which is an industrial user or publicly owned treatment works to: (1) establish and maintain such records; (2) make such reports; (3) install, calibrate, use and maintain such monitoring equipment or methods (including, where appropriate, biological monitoring methods); (4) sample such discharges (in accordance with such methods at such locations, at such intervals, in such manner as the Commissioner shall prescribe); and (5) provide such other information relating to the discharge of pollutants into the waters of the United States Virgin Islands or to the introduction of pollutants into publicly owned treatment works, as the Commissioner may reasonably require. (b) Any information or data obtained pursuant to the provisions of subsection (a) above shall be available to the public, except insofar as trade secrets would be disclosed thereby. Effluent data, permits and permit applications notwithstanding any relation to trade secrets, shall be available to the public. (c) Inspection and entry. (1) To carry out the purposes of this chapter or any rule, regulation, order or permit issued thereunder, the Commissioner or his authorized representative or authorized contractor, upon presentation of his credentials: (A) shall have a right of entry to, upon or through any premises in which any effluent source is located or in which any records are required to be maintained; (B) may at reasonable times have access to and copy any records required to be maintained; (C) may inspect any monitoring equipment or method which is required; and (D) may have access to and sample any discharges of pollutants to territorial waters or to publicly owned treatment works resulting directly or indirectly from activities or operations of the owner or operator of the premises in which the effluent source is located. (2) For the purposes of this section, the term "effluent source" shall mean (A) a point source of the discharge of pollutants; or (B) a source of introduction of pollutants into publicly owned treatment works by an industrial user. (d) Public access to information. (1) Any records, reports or information obtained under this section, and any permits, permit applications, public comments relating thereto, and related documentation shall be available to the public for inspection and copying; provided, that upon a showing satisfactory to the Commissioner by any person that such records, reports, documentation or information, or any part thereof (other than effluent data) would, if made public, divulge methods or processes entitled to protection as trade secrets of such person, the Commissioner shall consider, treat and protect such record, report or information, or part thereof, as confidential; provided further, however, that any such record, report or information accorded confidential treatment may be disclosed or transmitted to other officers, employees or authorized representatives of this territory or of the United States concerned with carrying out this chapter, or when relevant in any proceeding under this chapter. (2) Any authorized representative of the Commissioner or the Administrator, including an authorized contractor acting as a representative of the Administrator or Commissioner, who knowingly or willfully publishes, divulges, discloses, or makes known in any manner, or to any extent not authorized by law, any information that is required to be maintained as confidential under this subsection, shall be fined not more than $1,000 or imprisoned for not more than one year, or shall be both fined and imprisoned. Nothing in this subsection may prohibit the Commissioner or the Administrator or an authorized representative of the Commissioner or the Administrator, including any authorized contractor acting as representative of the Commissioner or the Administrator, from disclosing records, reports, or information to other officers, employees, or authorized representatives of the Territory or of the United States concerned with carrying out the purpose of this chapter or when relevant in any proceeding under this chapter. History: Added June 28, 1976, No. 3829, Sess. L. 1976, p. 83; amended May 19, 2000, No. 6349, § 6, Sess. L. 2000, p. 26.

(a) Injunctive relief. The Commissioner, or any resident of the United States Virgin Islands, is authorized to commence a civil action or may intervene in a civil action for appropriate relief, including a permanent or temporary injunction, for any violation or threatened violation for which the Commissioner is authorized to issue a compliance order under section 188 of this chapter. It shall not be necessary to first revoke any permit prior to seeking injunctive relief. Such action shall be brought in the District Court of the Virgin Islands, which court shall have jurisdiction to restrain such violation and to require compliance. Recourse to and exhaustion of the administrative remedies prescribed in section 188 shall not be a condition precedent to enforcement under this section. (b) Civil penalties. (1) Any person who violates any provision of this chapter, or of any permit, or limitation implementing any section of a permit, any permit filing requirement, any duty to allow or to perform an inspection or to allow the entry upon the premises of authorized persons, or any monitoring requirement, or any requirement imposed in a pretreatment program, rule, regulation, standard or order issued or promulgated hereunder, shall be subject to a civil penalty not to exceed $50,000 per day of such violation. (2) Civil penalties charged pursuant to this subsection may be assessed administratively by the Department; provided, said person has been given the opportunity to have a hearing before the Commissioner, and that in making the civil assessment the Commissioner has made findings of fact and conclusions of law. The Commissioner may promulgate such rules and regulations as are necessary to implement this paragraph. In determining the amount of any penalty assessed under this subsection, the Commissioner shall take into account the nature, circumstances, extent, and gravity of the violation, or violations, the violator's ability to pay and prior history of such violations, the degree of culpability, economic benefit or savings, if any resulting from the violation, and such other matters as justice may require. (3) If no petition for review is filed within the time provided for in section 191 of this chapter, the Commissioner's findings of facts and order shall be conclusive in connection with any enforcement determination or penalty assessment. (c) Criminal penalties. (1) Any person who knowingly or negligently (A) violates any provision of this chapter, any rule or regulation promulgated hereunder, any order of the Commissioner or any permit or permit condition or limitation implementing any such sections in a permit issued under this chapter, or any requirement imposed in a pretreatment program or in any other permit issued by the Commissioner pursuant to the requirements of this chapter; or (B) introduces into a sewer system or into a publicly owned treatment works, any pollutant or hazardous substance that the person knew, or reasonably should have known could cause personal injury or property damage or who introduces into such treatment works a pollutant or hazardous substance, other than in compliance with all applicable laws, permits or requirements which causes the treatment works to violate any effluent limitation or condition in a permit issued to the treatment works, upon conviction shall be punished by a fine of not less than $5,000 nor more than $75,000 per day of violation, or by imprisonment for not more than 3 year, or both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment shall be by a fine of not more than $100,000 per day of violation, or by imprisonment of not more than 6 years, or by both imprisonment and fine. (i) For purposes of this subsection, a single operational upset which leads to simultaneous violations of more than one pollutant parameter shall be treated as a single violation. (ii) For the purpose of this subsection, the term "person" means in addition to the definition contained in section 182 of this chapter, any responsible corporate officer. (iii) For the purpose of this subsection, the term "hazardous substance" means (A) any substance designated pursuant to section 311(b)(2)(A) of the Federal Clean Water Act; (B) any element, compound, mixture, solution, or substance designated pursuant to section 102 of the Federal Comprehensive Environmental Response, Compensation, and LiabilityLiability Act of 1980ded; (C) any hazardous waste having the characteristics identified under or listed pursuant to section 3section 3001 of the Federal Solid Waste Disposal Act including any waste the regulation of which under the Federal SFederal Solid Waste Disposal Actbeen suspended by an act of Congress); (D) any toxic pollutant listed under section 307(a) of the Federal Clean Water Act; and (E) any imminently hazardous chemical substance or mixture with respect to which the Administrator has taken action pursuant to section (7) of the Toxic Substances Control Act. (2) Any person who knowingly makes any false statements, representation or certification in any application, record, report, plan or other documents filed or required to be maintained under this chapter or by any permit, rule, regulation or order issued under this chapter, or who falsifies, tampers with or knowingly renders inaccurate any monitoring device or method required to be maintained under this chapter or by any permit, rule, regulation, or order issued under this chapter, shall, upon conviction, be punished by a fine of not more than $10,000 or by imprisonment for not more than six months, or by both. (d) Enforcement against persons introducing pollutants into publicly owned treatment works. (1) In the event any condition of a permit for discharges from a publicly owned treatment works is violated, the Commissioner may proceed pursuant to section 188 or 190 of this chapter (A) to restrict or prohibit the introduction of any pollutant into such treatment works by a source not utilizing such treatment works prior to the finding that such condition was violated; or (B) to enforce the provisions of this chapter directly against any industrial user discharging prohibited substances into such publicly owned treatment works. (2) If the Commissioner finds on the basis of information available to him that an industrial user is not in compliance with a system of user charges required under territorial or federal law, or the condition of any permit issued by the Commissioner to the publicly owned treatment works into which such user is introducing pollutants, the Commissioner may proceed to enforce or apply such system of charges directly against such industrial user pursuant to section 188 or 190 of this chapter. History: Added June 28, 1976, No. 3829, Sess. L. 1976, p. 85; amended Jan. 3, 2000, No. 6338, §§ 2, 4(a), Sess. L. 1999, pp. 255, 256; May 19, 2000, No. 6349, § 7, Sess. L. 2000, p. 27.

(a) An appeal may be taken from any final determination of the Commissioner by any person who is adversely affected thereby to the Superior Court of the Virgin Islands. Within 15 days after receipt of a copy of the order or other final determination, or after service of notice thereof by registered mail, the appellant or his attorney shall serve a notice of appeal on the Commissioner, provided that during such 15- day period the court may for good cause shown extend such time for not exceeding an additional 30 days. The notice of appeal shall refer to the action of the Commissioner appealed from, shall specify the ground of appeal, including both points of law and fact which are asserted or questioned by the appellant. A copy of the original notice of appeal with proof of service shall be filed by the appellant or his attorney with the clerk of the court within ten days of the service of the notice and thereupon the court shall have jurisdiction of the appeal. The service of such notice of appeal shall not act as a stay of enforcement of the Commissioner's final order or other final determination unless so ordered and directed by the court. (b) No bond or deposit for costs shall be required of the United States Virgin Islands or Commissioner upon such appeal or other court proceedings pertaining to the matter. (c) Upon appeal all findings of fact by the Commissioner shall be deemed final and conclusive unless it is shown that such findings were not supported by substantial evidence produced before the Commissioner at the hearing. History: Added June 28, 1976, No. 3829, Sess. L. 1976, p. 87.

This chapter shall not be construed as repealing any laws of the United States Virgin Islands relating to the pollution of waters thereof, or any conservation laws, but shall be held and construed as auxiliary and supplementary thereto; provided, that to the extent that the same are in direct conflict therewith, the provisions of this chapter shall be controlling. History: Added June 28, 1976, No. 3829, Sess. L. 1976, p. 87.

It is the purpose of this chapter to provide additional and cumulative remedies to prevent, abate and control the pollution of the waters of the United States Virgin Islands. Nothing herein contained shall be construed to abridge or alter rights of action or remedies in equity or under the common law or statutory law, criminal or civil, nor shall any provisions of this chapter, or any act done by virtue thereof, be construed as estopping the United States Virgin Islands, or any person, as riparian or littoral owner or otherwise, in the exercise of their rights in equity or under the common law or statutory law to suppress nuisances or to abate pollution. History: Added June 28, 1976, No. 3829, Sess. L. 1976, p. 87.

(a) The Commissioner shall promulgate rules and regulations and perform all acts as may be required under territorial or federal law, rules and regulations to insure adequate public notice and public participation concerning permit applications and actions related thereto. (b) Any person may maintain an action to compel the performance of duties specifically imposed on the Commissioner or on the Department under this chapter; except, no such action may be initiated prior to 30 days after written notice has been given to the Commissioner by complaint specifying the duties that the complainant alleges have not been performed. No bond is required for an action under this subsection. (c) The Commissioner shall provide notice and opportunity for public comment on all proposed settlements of civil enforcement actions, except when immediate action is necessary to protect human health and the environment adequately. History: Added June 28, 1976, No. 3829, Sess. L. 1976, p. 88; amended May 19, 2000, No. 6349, § 8, Sess. L. 2000, p. 29.

The Commissioner shall provide an opportunity for public hearing, with notice thereof, with respect to all permit applications in accordance with applicable provisions of territorial and federal law, rules and regulations. The Commissioner shall promulgate such rules and regulations as are necessary to implement this section. History: Added June 28, 1976, No. 3829, Sess. L. 1976, p. 88.

Notwithstanding any contrary provision of United States Virgin Islands law, no board or body of the territory which approves permit applications or portions thereof shall include, as a member, any person who receives, or has during the previous two years received, a significant portion of his income directly or indirectly from permit holders or applicants for a permit. History: Added June 28, 1976, No. 3829, Sess. L. 1976, p. 88.

The Commissioner is authorized to establish and conduct a continuing planning process consistent with the requirements of the Federal Water Pollution Control Act, as amended, including but not limited to the establishment and application of maximum daily loads of pollutants. History: Added June 28, 1976, No. 3829, Sess. L. 1976, p. 88.

Work Every person authorized to construct and operate a publicly owned treatment work shall have the authority to take all action necessary for its efficient and adequate operation in accordance with the requirements and conditions of this chapter and the Federal Water Pollution Control Act, as amended, including but not limited to the authority: (a) To assure that each recipient of waste treatment services within its jurisdiction will pay its proportionate share of the costs of operation and maintenance (including replacement) of any waste treatment services provided. (b) To provide for the payment of it by the industrial users of the treatment works of that portion of the cost of construction of such treatment works which is allocable to the treatment of such industrial wastes to the extent attributable to the federal share of the cost of construction. History: Added June 28, 1976, No. 3829, Sess. L. 1976, p. 88.

Whereas the pollution of the atmosphere about the United States Virgin Islands constitutes a menace to public health and welfare, creates public nuisances, and is harmful to plant and animal life and to property, it is hereby declared to be the policy of the United States Virgin Islands to preserve, protect, maintain and improve the air resources of the United States Virgin Islands so as to promote health, safety and welfare, prevent injury to human health, plant and animal life and property, foster the convenience and comfort of its inhabitants and to the greatest degree practicable, facilitate the enjoyment of the natural attractions and resources of the United States Virgin Islands. It is the express objective of this law to provide for the prevention, abatement and control of new or existing air pollution; to authorize the Virgin Islands Department of Planning and Natural Resources to implement the provisions of the federal Clean Air Act, and acts amendatory thereof, or supplementary thereto, and federal regulations and guidelines issued pursuant thereto so that permits may be issued by the Virgin Islands Department of Planning and Natural Resources under the provisions of such Acts; and to cooperate with other agencies of the United States Virgin Islands and the Federal Government in carrying out these objectives. History: Added May 18, 1967, No. 1977, Sess. L. 1967, p. 220, 221; amended Sept. 2, 1994, No. 6011, § 1(a), Sess. L. 1994, p. 166.

For the purposes of this chapter, and unless the context otherwise requires, the following words and phrases shall have the meanings ascribed to them in this section: (a) "Air contaminant or air pollutant" means any dust, fumes, gas, mist, smoke, vapor, odor, or particulate matter or any combination thereof which is emitted into or otherwise enters into the ambient air. (b) "Air pollution" means the presence in the outdoor atmosphere of one or more air contaminant or air pollutant, or any combination thereof, in sufficient quantities, as defined quantitatively by the Department in its rules and regulations and in the Clean Air Act in its rules and regulations, and of such characteristics and duration as is or is likely to be injurious to public welfare, to the health of human, plant or animal life, or to property, or which unduly interferes with the enjoyment of life of property. (c) "Person" includes an individual, corporation, partnership, association and any officer or governing or managing body of such entity; and further includes the Government of the United States Virgin Islands and the Government of the United States, and any board, commission, authority or instrumentality thereof. (d) "Commissioner" means the Commissioner of the Department of Planning and Natural Resources. (e) "Administrator" means the Administrator of the United States Environmental Protection Agency. (f) "Attainment" means the term used to define an area in which ambient air quality meets an applicable NAAQS. (g) "Criteria pollutant" means a pollutant for which a NAAQS has been established. (h) "Department" means the Virgin Islands Department of Planning and Natural Resources. (i) "Emission" means the process of releasing or discharging a pollutant into the ambient air. (j) "Emission limitation" and "emission standard" mean a requirement established by the Commissioner or the Administrator which limits the quantity, rate, or concentration of emissions of air pollutants on a continuous basis, including any requirement relating to the operation or maintenance of a source to assure continuous emission reduction, and any design, equipment, work practice or operational standard promulgated under this chapter or the Clean Air Act, as amended. (k) "Fugitive emissions" means those emissions which could not reasonably pass through a stack, chimney, vent, or other functionally equivalent opening. (l) "Hazardous air pollutant" means a pollutant which is listed pursuant to section 112(b) of the Clean Air Act, as amended. (m) "Major source" means any stationary source or group of stationary sources located within a contiguous or adjacent area and under common control that is either of the following: (1) emits or has the potential to emit, considering controls, in the aggregate, 10 tons per year or more of any hazardous air pollutant or 25 tons per year or more of any combination of hazardous air pollutants; or (2) a major stationary source as defined in section 302 of the Clean AirClean Air Actamended; or (3) a major stationary source as defined in Part D of Title I of the Clean Air Act, as amended. (n) "Minor source" means a source that is not major. (o) "Mobile source" or "portable source" means a movable source of emissions. (p) "Modification" means any physical change in, or change in the method of operation of, a stationary source which increases the amount of any air pollutant emitted by such source or which results in the emission of any air pollutant not previously emitted by more than a de minimus amount. (q) "NAAQS" means national ambient air quality standard. (r) "Nonattainment" means a term used to define an area in which the ambient air quality does not meet an applicable NAAQS. (s) "Owner or operator" means any person who owns, leases, operates, controls, or supervises a stationary source. (t) "Regulated air pollutant" shall mean air pollutants regulated under the Clean Air Act, as amended. (u) "Territory" means the United States Virgin Islands. (v) "Stationary source" means any building, structure, facility or installation which emits or may emit any air pollutant subject to regulation under the Clean Air Act, as amended. (w) "Clean Air Act" means the federal Clean Air Act, as amended. (x) "Point source" means a stack, vent, or other point through which emissions of air pollutants are vented to the ambient air. History: Added May 18, 1967, No. 1977, Sess. L. 1967, p. 221; amended June 4, 1968, No. 2238, § 6, Sess. L. 1968, Pt. II, p. 45; Mar. 30, 1972, No. 3201, § 2, Sess. L. 1972, p. 59; Sept. 2, 1994, No. 6011, § 1(b), Sess. L. 1994, p. 166; Jan. 3, 2000, No. 6338, §§ 1(a)-(c), Sess. L. 1999, p. 252.

Business Stationary Source and Technical Environmental Compliance Assistance Program (a) The Department of Conservation and Cultural Affairs is hereby declared the Air Pollution Control Agency of the United States Virgin Islands, and the sole state agency of this territory for the purpose of establishing and administering or supervising the administration of any United States Virgin Islands plan which is now or may hereafter be required as a condition for receipt of funds for territorial expenditure for air pollution control purposes under any Act of Congress, now existing or hereinafter enacted relating to air pollution control, or any acts amendatory thereof or supplementary thereto, or any administrative rulings pursuant to such acts. The said Department, through the Commissioner thereof, is hereby authorized to take all action necessary or appropriate to secure to the United States Virgin Islands the benefits of any of the aforesaid acts, and to receive, administer, expend and distribute any funds that may be available under any federal law or from any other source, public or private, for the purposes of air pollution control. The Commissioner shall carry out the functions and duties conferred on the Department by this chapter. The Commissioner is further authorized to comply with all other administrative requirements, not inconsistent with the laws of this territory, imposed as a condition to receiving federal grants. (b) the Commissioner shall establish a small business stationary source technical and environmental compliance assistance program as provided under section 507 of the Clean Air Act, as amended. The Commissioner shall promulgate rules and regulations to carry out the program. Such program shall include each of the following: (1) A designated territorial office to serve as ombudsman for small businesses in connection with implementation of section 507 of the Clean Air Act, as amended. (2) The establishment of a small business assistance program for providing technical and compliance assistance to small business stationary sources. (3) The creation of a Compliance Advisory Panel. The Panel shall consist of: (A) Two (2) members, who are not owners, or representatives of owners, of small business stationary sources, selected by the Governor to represent the general public; (B) Four (4) members selected by the Legislature who are owners, or who represent owners, of small business stationary sources (two (2) members each shall be selected by the majority leadership and the minority leadership); (C) One (1) member selected by the Commissioner to represent the Department. (D) The panel shall elect a Chairman among its members. Four members of the Panel shall constitute a quorum for the transaction of all business of the Panel. A majority of those members present shall decide on all matters before the Panel. The Panel may adopt such other rules as it deems necessary to conduct its business. (E) Members of the Panel shall serve a term of two years and may be reappointed. Upon the conclusion of the term of any member of the Panel, such person shall continue to serve until a new member is appointed. The appointed members of the Panel shall receive the sum of $50 for each day or part thereof spent in the performance of their duties. Every member of the Panel shall be reimbursed for necessary travel, subsistence and other expenses actually incurred in their carrying out of the obligations set forth in section 5section 507(e) of the Clean Air Actded. (4) The Compliance Advisory Panel shall: (A) render advisory opinions concerning the effectiveness of the small business stationary source technical and environmental compliance assistance program, difficulties encountered, and degree and severity of enforcement; (B) make periodic reports to the Administrator concerning the compliance of the Territorial Small Business Stationary Source Technical and Environmental Compliance Assistance Program with the requirements of the Paperwork Reduction Act, the Regulatory Flexibility Act, and the Equal Access to Justice Act; (C) review information for small business stationary sources to assure such information is understandable by the layperson; and (D) have the Small Business Stationary Source Technical and Environmental Compliance Assistance Program serve as the secretariat for the development and dissemination of such reports and advisory opinions. (c) Eligibility shall be determined as follows: (1) For purposes of this section, the term "small business stationary source" means a stationary source that: (A) is owned or operated by a person that employs 100 or fewer individuals; (B) is a small business concern as defined in the Small Business Act; (C) is not a major stationary source; (D) does not emit 50 tons or more per year of any regulated pollutant; and (E) emits less than 75 tons per year of all regulated pollutants. (2) Upon petition by a source, the Department may, after notice and opportunity for public comment, include as a small business stationary source for purposes of this section any stationary source which does not meet the criteria of subparagraphs (C), (D) or (E) of paragraphparagraph (1)h does not emit more than 100 tons per year of all regulated pollutants. (3) The Territory, in consultation with the Administrator and the Administrator of the Small Business Administration and after providing notice and opportunity for public hearing, may exclude from the small business stationary source definition under this section any category or subcategory of sources that the Territory determines to have sufficient technical and financial capabilities to meet the requirements of this chapter without the application of this subsection. History: Added May 18, 1967, No. 1977, Sess. L. 1967, p. 221, 222; amended June 4, 1968, No. 2238, § 6, Sess. L. 1968, Pt. II, p. 45; June 24, 1987, No. 5265, § 303(h), Sess. L. 1987, p. 42; Sept. 2, 1994, No. 6011, § 1(c), Sess. L. 1994, p. 168.

The Department shall have and may exercise the following powers and duties: (a) To exercise general supervision of the administration and enforcement of this chapter and all rules and regulations and orders promulgated thereunder, and to perform any and all acts necessary to carry out the purposes and requirements of this chapter and of the Clean Air Act, as amended; (b) To develop comprehensive programs for the prevention, control and abatement of new or existing air pollution in the United States Virgin Islands; (c) To advise, consult, and cooperate with other agencies of the United States Virgin Islands, the Federal Government, other states and interstate agencies, and with affected groups and industries in furtherance of the purposes of this chapter; (d) To accept and administer loans and grants from the Federal Government and from other sources, public or private, for carrying out any of its functions, which loans and grants shall not be expended for other than the purposes for which provided; (e) To encourage, participate in, or conduct studies, investigations, research and demonstrations relating to air pollution and the causes, prevention, control and abatement thereof as it may deem advisable and necessary for the discharge of its duties under this chapter; to disseminate information relating thereto, and to prepare, develop and adopt a comprehensive plan or plans for the prevention, control and abatement thereof; (f) To adopt, modify, repeal, and promulgate, after public comment or hearing on due notice, and to enforce such rules and regulations as may be necessary to prevent, control and abate existing or potential air pollution; (g) To require the prior submission of plans, specifications, and other data relative to, and to inspect the construction with the issuance of such construction permits or approvals as are required by this chapter; (h) To issue, under such conditions as it may prescribe to prevent, control, or abate pollution, permits for the emission of pollutants into the atmosphere about the United States Virgin Islands and for the construction, modification or operation of any source; (i) To require monitoring, and related recordkeeping and reporting requirements with the issuance, modification, or reissuance of permits required by this chapter; (j) To issue, modify or revoke orders: (1) prohibiting or abating emissions of air pollutants; and (2) restraining immediately any person from engaging in any activity in violation of a permit and which is presenting an imminent and substantial endangerment to the public health or welfare of the environment. (k) To terminate, modify, revoke, reissue and reopen permits, in whole or in part, for cause; (l) To administer and enforce the provisions of this chapter as it relates to the Clean Air Act, as amended, and all rules, regulations, orders, emission standards, emission limitations, or emission prohibitions, the requirement to obtain a permit, to charge permit fees, and to enforce the conditions and terms of permits issued or effective hereunder; (m) To develop a small business stationary source technical and environmental compliance assistance program in accordance with Title V, section 507 of the Clean Air Act, as amended, for the purpose of regulating small businesses and facilitating compliance by small businesses with the Clean Air Act. The Commissioner is authorized to adopt, modify, repeal, and promulgate rules and regulations to implement this program; (n) To establish and collect fees sufficient to cover all reasonable (direct and indirect) costs required to develop and administer the permit program requirements of this chapter, including subsection (m); (o) To establish adequate fiscal controls and accounting procedures to assure proper disbursement of and accounting for funds appropriated or otherwise provided for the purpose of carrying out the provisions of this chapter; (p) To incorporate federal Title V operating permit requirements into permits issued under this chapter; (q) In connection with the discharge or exercise of any of its functions, duties, or powers, to hold such hearings, to issue notices of hearings, and subpoenas requiring the attendance of such witnesses and the production of such evidence, to administer such oaths, and to take such testimony as may be necessary; (r) To exercise all incidental powers necessary to carry out the purposes of this chapter. History: Added May 18, 1967, No. 1977, Sess. L. 1967, pp. 222, 223; amended Sept. 2, 1994, No. 6011, § 1(d), Sess. L. 1994, p. 170.

(a) The Virgin Islands Air Protection Fund is established to be used by the Department as a revolving fund for carrying out the purposes of this chapter pertaining to the Part 70 permit program. To this fund shall be credited all permit fees, penalties and other fees and charges related to this chapter pertaining to the Part 70 permit program, including administrative expenses; (b) Moneys in the Virgin Islands Air Protection Fund shall be disbursed for the following purposes and no others: (1) Administrative expenses, personnel expenses and equipment costs of the Department related to the enforcement of this chapter pertaining to the Part 70 pPart 70rogram; (2) All reasonable (direct and indirect) costs required to implement and support the Part 70 permit program requirements of this chapter, including section 203(b) of this title. History: Added May 18, 1967, No. 1977, Sess. L. 1967, p. 223; amended Sept. 2, 1994, No. 6011, § 1(e), Sess. L. 1994, p. 171; Jan. 3, 2000, No. 6338, § 1(d), Sess. L. 1999, p. 252.

(a) The Commissioner may, by regulation, prohibit the construction, erection, installation, alteration or use of any machine, equipment, device or other article which he finds may cause or contribute to air pollution or is intended primarily to prevent or control the emission of air pollutants, unless a construction and/or operating permit therefore has been obtained from the Commissioner. (b) After the effective date of the permit program promulgated under this chapter, it shall be unlawful for any person to violate any requirement of an operating permit issued under this chapter, or to operate, a major source, or any other source subject to standards or regulations promulgated pursuant hereto, except in compliance with an operating permit issued by the Commissioner under this chapter. (c) The effective date of Part 70 permit program promulgated under this chapter shall be the effective date of approval by the Administrator. No Part 70 source required to have a permit under this chapter shall be in violation of section 206(b) of this chapter before the date on which the source is required to submit an application under this chapter and the rules and regulations promulgated thereto. The Commissioner shall have the authority to issue non-Part 70 permits during the Administrator's approval process. (d) Applications for a permit to construct or modify an emission source must include site locations maps, construction drawings, plans, specifications and such other information as the Department deems necessary. The application for a permit to operate must include a copy of the construction permit authorization, and such other information as the Department deems necessary to carry out the provisions of this chapter, or to carry out the rules and regulations adopted pursuant thereto. (e) Failure of the Commissioner to act on a permit application, permit revision application, or permit renewal application within 18 months, or a minor modification application within ninety (90) days, or a minor modification application subject to group processing requirements within one hundred eighty (180) days of submission shall be treated as final permit action solely for purposes of obtaining judicial review in the Superior Court of the United States Virgin Islands. An action may be brought by the applicant, any person who participated in the public participation process and any other person who could obtain judicial review of such actions under Territorial laws. (f) The Commissioner, by rules and regulations, shall provide for the issuance, suspension, revocation, reopening, modification and renewal of any permits which he may require pursuant to this section. (g) The Building Permits Division under the Department of Planning and Natural Resources, before issuance of a permit for the erection, construction, reconstruction, alteration or occupancy of any building or structure, shall submit the application and the plans and specifications therefor to the Commissioner for review and approval if such plans and specifications provide for any fuel burning or refuse-burning equipment, or any chimney or smoke stack, or occupancy or any building for industrial purposes. (h) No construction permit shall be issued by the Building Permits Division if the Commissioner, after review of applications therefor as provided in subsection (d) of this section, finds that the building or structure will violate the provisions of this chapter. (i) The Commissioner may, after public notice and opportunity for public hearing, issue a Part 70 operating permit for the emission of any pollutant into the atmosphere about the United States Virgin Islands notwithstanding paragraphs (a) and (b) of this section upon condition that such emission meets or will meet all applicable territorial and federal emission standards and limitations and all other requirements of this chapter. In addition, the Commissioner shall give notice to appropriate governmental agencies of proposed actions concerning the issuance of permits. Permits which are issued for sources other than those required for Part 70 compliance may be issued without the necessity of public notice and hearing, at the discretion of the Commissioner. (j) Each operating permit issued under this chapter shall have a term not to exceed five (5) years. Permits for solid waste incineration units combusting municipal waste shall have a fixed term not to exceed twelve (12) years, to be reviewed at least every five (5) years. Renewal applications must be submitted at least six (6) months prior to the date of expiration of a permit. (k) Any permit issued under this chapter may be revoked, reopened, modified, revised or suspended, in whole or in part, during its term for cause, including, but not limited to the following: (1) violation of any condition of the permit, including, any interim schedule of compliance; (2) obtaining a permit by misrepresentation or failure to disclose fully all relevant facts; (3) change in any condition that requires either a temporary or permanent reduction or elimination of the permitted emission; (4) in the case of permits with a remaining term of three (3) or more years for major sources, promulgation by the Administrator, subsequent to the issuance of the permit, of applicable standards and regulations more stringent than that in effect at the time such permit was issued. Such revisions shall occur as expeditiously as practicable and be consistent with the procedures established under this section, but not later than eighteen (18) months after the promulgation of such standards and regulations. No such revision shall be required if the effective date of the standards or regulations is a date after the expiration of the permit term. Such permit revision shall be treated as a permit renewal if it complies with the requirements of this chapter regarding renewals. (l) Changes are allowed within a permitted facility without requiring a permit revision, if the changes are not modifications under any provisions of Title I of the Clean Air Act, as amended and the changes do not exceed the emissions allowable under the permit (whether expressed therein as a rate of emissions or in terms of total emissions), or are not changes to the monitoring requirements in the permit; provided, that the facility provides the administrator and the Department with written notification in advance of the proposed changes which shall be minimum of seven (7) days. (m) (1) Each permit issued under this chapter shall include enforceable emission limitations and standards, a schedule of compliance, a requirement that the permittee submit to the Department, no less often than every six (6) months, the results of any required monitoring, and such other conditions as are necessary to assure compliance with the applicable requirements of this chapter and the Clean Air Act, as amended. (2) The Commissioner may by rule, prescribe procedures and methods for determining compliance, and for monitoring and analysis of pollutants regulated under this chapter. (3) Each permit issued under this chapter shall set forth inspection, entry, monitoring, compliance certification, test methods and reporting requirements to assure compliance with the permit terms and conditions. Such monitoring and reporting requirements shall be consistent with any applicable regulation under paragraph (2) of this subsection. (n) The owner or operator of all sources subject to the requirement to obtain a permit under this chapter shall pay an annual fee, or the equivalent over some other period as prescribed by rules and regulations. The fee for a Part 70 permit shall be an amount not less than $25.00 per ton of each regulated pollutant, or such other amount as the Commissioner may determine adequately reflects the reasonable costs of the permit program. The Commissioner may reduce any fee required under this chapter to take into account the financial resources of small business stationary sources. History: Added May 18, 1967, No. 1977, Sess. L. 1967, p. 223, 224; amended Sept. 2, 1994, No. 6011, § 1(f), Sess. L. 1994, p. 171; Jan. 3, 2000, No. 6338, § 1(e), Sess. L. 1999, p. 253.

For the purpose (i) of developing or assisting in the development of any implementation plan or any emission standard; (ii) of determining whether any person is in violation of any such standard or any requirement of such a plan; or (iii) carrying out any provision of this chapter and rules and regulations enacted pursuant thereto: (a) The Commissioner may, by regulation, order, permit or otherwise, require any person who owns or operates any emission source, or who is subject to any requirement of this chapter on a one-time, periodic or continuous basis to: (1) establish and maintain such records; (2) make such reports; (3) install, use and maintain such monitoring equipment and use such audit procedures, or methods; (4) sample such emissions (in accordance with such procedures or methods, at such locations, during such periods, and in such manner as the Commissioner shall prescribe); and (5) keep records on control equipment parameters, production variables or other indirect data when direct monitoring of emissions is impractical; (6) provide such other information as the Commissioner may reasonably require. (b) To carry out the purposes of this chapter or any rule, regulation, order or permit issued thereunder, the Commissioner, or any duly authorized officer, employee, or representative, upon presentation of his credentials: (1) shall at reasonable times have a right of entry to, upon, or through any premises of such person or, in which any records required to be maintained under subsection (a) are located; and (2) may at reasonable times have access to and copy any records, inspect any monitoring equipment or method required under subsection (a), and sample any emitted by such source. (c) The Commissioner shall in the case of any person who is the owner or operator of a major stationary source, and may, in the case of any other person, require enhanced monitoring as provided for in regulations promulgated by EPA pursuant to section 114(a)(3) of the Clean Air Act, as amended, and submission of compliance certifications. Compliance certifications shall include (A) identification of the applicable requirement that is the basis of the certification, (B) the method used for determining the compliance status of the source, (C) the compliance status, (D) whether compliance is continuous or intermittent, (E) such other facts as the Commissioner may require. Compliance certifications and monitoring data shall be subject to section 213 of this chapter. Submission of a compliance certification shall in no way limit the Commissioner's authorities to investigate or otherwise implement this chapter. The Commissioner shall promulgate rules to provide guidance and to implement this subsection. History: Added May 18, 1967, No. 1977, Sess. L. 1967, p. 224; amended Sept. 2, 1994, No. 6011, § 1(g), Sess. L. 1994, p. 174.

(a) The Commissioner shall establish by regulation the limitations of the levels, concentrations, or quantities of emissions of various air contaminants from any source necessary to protect the public health. Except as otherwise provided in or pursuant to this section, such levels, concentrations, or quantities shall be controlling throughout the United States Virgin Islands and no emission in excess thereof shall be lawful. (b) In any area where the concentration of air pollution sources or of population, or where the nature of the economy or of land and its uses so require, the Commissioner may fix more stringent requirements governing the emission of air contaminants than those in effect pursuant to subsection (a) of this section. History: Added May 18, 1967, No. 1977, Sess. L. 1967, p. 224.

(a) If upon inspection or investigation, the Commissioner or his authorized representative believes that a violation of any provision of this chapter or of any rule or regulation or of any order of the Commissioner pursuant thereto, or any emission standards, emission limitations, or conditions or permits issued pursuant to this chapter has occurred, he may cause written notice of violation to be served upon the alleged violator or violators. The notice of violation shall specify the provision of the law, rule, regulation, order or permit alleged to be violated, and the facts alleged to constitute a violation thereof, and may order that necessary corrective action be taken within a reasonable time, and may assess an administrative penalty in accordance with section 215 of this chapter. Any such order shall become final unless no later than fifteen (15) working days after the date such order is served, the person or persons named therein request in writing a hearing before the Commissioner. In lieu of such order, the Commission may require that the alleged violator or violators appear before the Commissioner, or a hearing examiner for a hearing at a time and place specified in the notice and answer the charges complained of, or the Commissioner may initiate appropriate action for the recovery of a penalty or any other relief pursuant to section 215 of this chapter. (b) If the alleged violator notifies the Commissioner that he intends to contest a notice of violation issued under subsection (a), the Commissioner shall immediately advise a hearing examiner of such notification, and the hearing examiner shall afford an opportunity for a hearing. The hearing examiner shall thereafter issue an order, based on findings of fact and conclusions of law, affirming, modifying or vacating the Commissioner's notice of violation or proposed penalty order, or directing other appropriate relief. Written notice of such order shall be issued to the alleged violator and such order shall become final and binding on all parties unless appealed to the courts as provided in section 212 of this title within 30 days after its issuance. (c) Any person who is denied a permit by the Commissioner or who has such permit revoked or modified shall be afforded an opportunity for a fair hearing as provided herein upon written application to the Commissioner of such denial, revocation or modification. On the basis of such hearing the Commissioner shall affirm, modify or revoke his previous determination. (d) Nothing in this law shall prevent the Commissioner from making efforts to obtain voluntary compliance through warning, conference or any other appropriate means. History: Added May 18, 1967, No. 1977, Sess. L. 1967, p. 224, 225; amended Sept. 2, 1994, No. 6011, § 1(h), Sess. L. 1994, p. 175; Jan. 3, 2000, No. 6338, § 1(f), Sess. L. 1999, p. 253.

(a) Any other provisions of law to the contrary not withstanding, if the Commissioner finds that a generalized condition of air pollution exists and that it creates an emergency requiring immediate action to protect human health or safety, the Commissioner, with the concurrence of the Governor, shall order persons causing or contributing to the air pollution to reduce or discontinue immediately the emission of air contaminants. Upon issuance of any such order the Commissioner shall fix a place and time, not later than twenty-four (24) hours thereafter, for a hearing to be held before the Commissioner. Not more than twenty-four (24) hours after the commencement of such hearing, and without adjournment thereof, the Commissioner shall affirm, modify, or set aside his previous determination. (b) In the absence of a generalized condition of air pollution of the type referred to in subsection (a) of this section, but if the Commissioner finds that emissions from the operation of one or more air contaminant sources is causing imminent danger to human health or safety, he may order the person or persons responsible for the operation or operations in question to reduce or discontinue emissions immediately, without regard to the provisions of section 209 of this chapter. In such event, the requirements for hearing and affirmance, modification or setting aside of orders set forth in subsection (a) shall apply. (c) Nothing in this section shall be construed to limit any power which the Governor or any other officer may have to declare an emergency and act on the basis of such declaration, if such power is conferred by statute or constitutional provisions, or inherent in the office. History: Added May 18, 1967, No. 1977, Sess. L. 1967, p. 225, 226; amended Sept. 2, 1994, No. 6011, § 1(i), Sess. L. 1994, p. 176.

(a) The Commissioner may authorized a variance from otherwise applicable emission limitations, under conditions and in such manner as he considers necessary and desirable; provided, however that such variances are permitted under conditions and in a manner which is not less stringent than the conditions under and the manner in which variances may be granted under the federal act. Any such variance shall not excuse compliance with any Title V permit term or condition. A variance from a federal condition must be processed as a Title V permit revision. The Commissioner may not authorize a variance which concerns a Federal Clean Air Act requirement and SIP requirements. (b) For the purposes of this section, variance means any mechanism or provision which allows modification to or waiver of generally applicable emission limitation requirements or time deadlines under the Air Pollution Control Act. (c) Any person who owns or is in control of any plant, building structure, process or equipment may apply to the Commissioner for a variance from rules or regulations governing the quality, nature, duration or extent of emissions of air pollutants. This application shall be accompanied by such information and data as the Commissioner may require. The Commissioner may grant such variance if he finds that: (1) The emissions occurring or proposed to occur do not constitute a danger to public health or safety; and (2) Compliance with the rules or regulations from which a variance is sought would produce serious hardship without equal or greater benefits to the public. (d) Nothing in this section and no variance or renewal granted pursuant hereto shall be construed to prevent or limit the application of the emergency provisions and procedures of section 210 of this chapter to any person or his property. History: Added May 18, 1967, No. 1977, Sess. L. 1967, p. 226, 227; amended Sept. 2, 1994, No. 6011, § 1(j), Sess. L. 1994, p. 177.

(a) No rule or regulation and no amendment or repeal thereof, or permit issuance, significant modification, reopening or renewal shall take effect without public comment and/or hearing on due notice as provided herein. (b) Nothing in this section shall be construed to require a hearing prior to the issuance of an emergency order pursuant to section 210 of this chapter. (c) The Commissioner shall appoint one or more hearing examiners who by reason of training, education, or experience are qualified to hear and render decisions in contested cases arising under this chapter; provided, however, that the Commissioner may employ hearing examiners on a contractual basis so long as the number of appeals is such as not to require the services of full time hearing examiners. (d) The function of the hearing examiners, acting as individuals or in assembly, shall be to hear and make a determination upon any proceeding instituted before them or upon any motions in connection therewith, assigned to them by the Commissioner and shall make a written finding of such determination which shall constitute the final determination of the proceedings. The findings of the hearing examiner shall become a final decision and order of the Commissioner within thirty (30) days after receipt of such report by the parties. (e) The Commissioner shall have the power and authority to prescribe such rules as are necessary for the lawful and orderly transaction of proceedings and hearings under this chapter. (f) Hearing examiners may order testimony to be taken by deposition in any proceedings pending before them. Any person may be compelled to appear and depose and to produce papers or documents in the same manner as witnesses may be compelled to appear and testify and produce like documentary evidence before a court. Witnesses whose depositions are taken under this subsection and the persons taking such depositions shall be entitled to the same fees as are paid for like services in the courts of the United States Virgin Islands. (g) The Commissioner may submit his final order to the Superior Court of the United States Virgin Islands for enforcement. If no petition for review or appeal is filed within the time provided for by the rules governing the Superior Court, the Commissioner's findings of fact and order shall be conclusive in connection with any enforcement which is filed by the Commissioner after expiration of such time for appeal. In any such case, as well as in the case of a noncontested Notice of Violation, the clerk of the court, unless otherwise ordered by the court, shall forthwith enter a decree enforcing the order and giving it the same effect as an order of the court and shall transmit a copy of such decree to the Commissioner and alleged violator named in the Notice of Violation. In any contempt proceeding brought to enforce this decree and order of the court entered pursuant to this subsection, the court may assess the penalties provided in section 215 of this title, in addition to invoking any other available remedies. History: Added May 18, 1967, No. 1977, Sess. L. 1967, p. 227; amended Sept. 2, 1994, No. 6011, § 1(k), Sess. L. 1994, p. 178; Jan. 3, 2000, No. 6338, §§ 1(g), 1(h), Sess. L. 1999, p. 254.

(a) Every permittee shall establish and maintain such records, make such reports, and provide such information, as the Commissioner may reasonably require to enable him to determine whether such permittee has acted or is acting in compliance with this chapter and rules and regulations promulgated thereunder and shall, upon request of an officer or employee duly designated by the Commissioner, permit such officer or employee at reasonable times, to have access to and copy such records. (b) (1) A copy of each permit application, compliance plan (including the schedule of compliance), emissions or compliance monitoring report, certification, and each permit issued under this chapter, shall be available to the public. If an applicant or permittee is required to submit information entitled to protection from disclosure under 42 U.S.C., Section7414(c), the applicant or permittee may submit such information separately. The requirements of 42 U.S.C., Section7414(c) shall apply to such information. The contents of a permit shall not be entitled to protection under 42 U.S.C., Section7414(c) and 3, V.I.C., Section 881(g). (2) Any person not subject to the provision of section 1section 1905 of Title 18 of the United States Code knowingly divulges or discloses any information entitled to protection under this subsection shall, upon conviction, be subject to a fine of not more than $10,000 or to imprisonment not to exceed one year or both. (3) Nothing herein shall be construed to prevent the use of such records or information by any department, agency or officer of the Government of the United States Virgin Islands or Environmental Protection Agency in compiling or publishing analyses or summaries relating to the general condition of the outdoor atmosphere; provided, that such analyses or summaries do not identify, directly or indirectly, any owner or operator or reveal any information otherwise confidential under this section. History: Added May 18, 1967, No. 1977, Sess. L. 1967, p. 227; amended Sept. 2, 1994, No. 6011, § 1(l), Sess. L. 1994, p. 179.

(a) The Commissioner, on request of any of the divisions of this Department or on his own initiative, shall gather and supply information concerning air pollution in the United States Virgin Islands which is relevant to planning and zoning activities affecting the United States Virgin Islands. (b) The Divisions of this Department shall bring to the attention of the Commissioner all proposed zoning actions pending before them. The Commissioner shall review all such actions referred to him, and, based upon his consideration of the consequences of such actions on the United States Virgin Islands atmosphere, shall make a report, including recommendations, to the appropriate division with respect to those pending actions which the Commissioner deems to have a significant relationship to air pollution in the United States Virgin Islands. The Department shall take no proposed action inconsistent with a specific finding by the Commissioner that the same would result in air pollution in the United States Virgin Islands. History: Added May 18, 1967, No. 1977, Sess. L. 1967, p. 228; amended Sept. 2, 1994, No. 6011, § 1(m), Sess. L. 1994, p. 180.

(a) Civil judicial penalties. The Commissioner shall, as appropriate, in the case of any person that is the owner or operator of a major emitting facility, or a major stationary source, and may, in the case of any other person, or any source of air pollution, commence a civil action for a permanent or temporary injunction, or assess and recover a civil penalty up to $50,000 per day per violation or both, for any violation or threatened violation for which the Commissioner is authorized to issue a notice of violation under section 209 of this chapter. It shall not be necessary to first revoke any permit prior to seeking injunctive relief. Any action under this subsection shall be brought in the Superior Court of the United States Virgin Islands, and such court shall have jurisdiction to restrain such violation, to require compliance, to assess such civil penalty, to collect any fees and noncompliance assessment owed the United States Virgin Islands under this chapter, and to award any other appropriate relief. Recourse to and exhaustion of the administrative remedies prescribed in section 209 shall not be a condition precedent to enforcement under this section. (b) Administrative assessment of civil penalties. (1) Any person who violates any provision of this chapter, or of any permit, rule, regulation, standard or order issued or promulgated hereunder, shall be subject to a civil penalty up to $50,000 per day per violation. (2) Civil penalties charged pursuant to this subsection may be assessed administratively by the Department; provided, said person has been given the opportunity for a hearing on the record before the Commissioner, and that in making the civil assessment, the Commissioner has made finding of fact and conclusions of law. (3) The Commissioner's authority under this subsection shall be limited to matters where the total penalty sought does not exceed $250,000. The assessment of any administrative fine in excess of $250,000 may be enforced by the commencement of a civil action by the Attorney General pursuant to Virgin Islands law. (4) The Commissioner may compromise, modify, or remit, with or without conditions, any administrative penalty which may be imposed under this subsection. (c) Criminal penalties. (1) Any person who knowingly violates any provisions of this chapter or any rule, regulation, order, emission standard, emission limitation, or emission prohibition promulgated pursuant to this chapter shall, upon conviction, be punished by a fine of not more than $10,000 per day per violation or by imprisonment for not more than one (1) year, or by both. If a conviction of any person under this paragraph is for a violation committed after a first conviction of such person under this paragraph, the maximum punishment shall be doubled with respect to both the fine and imprisonment. (2) Any person who gives advance notice of any inspection or investigation to be conducted under this chapter, without authority from the Commissioner or his designee shall, upon conviction, be punished by a fine of not more than $1,000 or by imprisonment for not more than six (6) months or both. (3) Any person who knowingly makes any false statements, representations or certification in any application, report, plan or other documents filed or required to be maintained under this chapter or by any permit, rule, regulation or order issued under this chapter, or who falsifies, tampers with or knowingly renders inaccurate any monitoring device or method required to be maintained under this chapter or by any permit, rule, regulation, or order issued under this chapter, shall, upon conviction be punished by a fine of not more than $10,000 per day per violation, or by imprisonment for not more than one (1) year, or both. If a conviction of any person under this paragraph is for a violation committed after a first conviction of such person under this paragraph, the maximum punishment shall be doubled with respect to both the fine and imprisonment. (4) Any person who knowingly fails to pay any major source permit fee owed the Commissioner under this chapter shall, upon conviction, be punished by a fine of not more than $10,000 per day per violation, or by imprisonment for not more than one year, or by both. If a conviction of any person under this paragraph is for a violation committed after a first conviction of such person under this paragraph, the maximum punishment shall be doubled with respect to both the fine and imprisonment. (5) Any person who negligently releases into the ambient air any hazardous air pollutant listed pursuant to section 112 of the Clean AirClean Air Actxtremely hazardous air pollutant listed pursuant to section 302(a)(2) of the Superfund Amendments and Reauthorization Act of 1986 (42 U.S.C.U.S.C.42)(2)) that is not listed in section 112 of the Clean AirClean Air Act at the time negligently places another person in imminent danger of death or serious bodily injury shall, upon conviction, be punished by a fine of not more than $10,000, or by imprisonment for not more than one year, or both. If a conviction of any person under this paragraph is for a violation committed after a first conviction of such person under this paragraph, the maximum punishment shall be doubled with respect to both the fine and imprisonment. (6) (A) Any person who knowingly releases into the ambient air any hazardous air pollutant listed pursuant to section 112 of the Clean Air Act or any extremely hazardous substance listed pursuant to section 302(a)(2) of the Superfund Amendments and Reauthorization Act of 1986 (42 U.S.C.11002(a)(2)) that is not listed in section 112 of this Act, and who knows at the time that he thereby places another person in imminent danger of death or serious bodily injury shall, upon conviction, be punished by a fine of not more than $50,000 or by imprisonment of not more than 15 years, or both. Any person committing such violation which is an organization shall, upon conviction under this paragraph, be subject to a fine of not more than $1,000,000 for each violation. If a conviction of any person under this paragraph is for a violation committed after a first conviction of such person under this paragraph, the maximum punishment shall be doubled with respect to both the fine and imprisonment. For any air pollutant for which the Administrator or Commissioner has set an emissions standard or for any source for which a permit has been issued under Title V of the Clean Air Act, a release of such pollutant in accordance with that standard or permit shall not constitute a violation of this paragraph or paragraph (5). (d) Penalty assessment criteria. (1) In determining the amount of any penalty to be assessed under this section, the Commissioner or the court, as appropriate, shall take into consideration (in addition to such other factors as justice may require) the size of the business, the economic impact of the penalty on the business, the violator's full compliance history and good faith efforts to comply, the duration of the violation as established by any credible evidence, payment by the violator of penalties previously assessed for the same violation, the economic benefit of noncompliance, and the seriousness of the violation. (2) A penalty may be assessed for each day of violation. For purposes of determining the number of days of violation for which a penalty may be assessed under subsections (1) and (2) of this section, where the Department has notified the source of the violation, and the plaintiff makes a prima facie showing that the conduct or events giving rise to the violation are likely to have continued or recurred past the date of notice, the days of violation shall be presumed to include the date of such notice and each and every day thereafter until the violator established that continuous compliance has been achieved, except to the extent that the violator can prove by a preponderance of the evidence that there were intervening days during which no violation occurred or that the violation was not continuing in nature. History: Added May 18, 1967, No. 1977, Sess. L. 1967, p. 228; amended Mar. 30, 1972, No. 3201, § 4, Sess. L. 1972, p. 59; Sept. 2, 1994, No. 6011, § 1(n), Sess. L. 1994, p. 180; Jan. 3, 2000, No. 6338, §§ 1(i), 1(j), Sess. L. 1999, p. 254.

(a) The Commissioner is hereby authorized to conduct, or cause to be conducted, any tests of any new or existing process, fuel-burning, refuse-burning, or control equipment the operation of which he has reason to believe may result in emissions in excess of the limitations in this regulation, or when he has reason to believe there is evidence that emissions from any such equipment are exceeding any emission limitation prescribed in this regulation. A full written record of test conditions, of test methods, and of test results obtained by the director shall be maintained, kept on file, and made available for study by the owner. Upon notification by the Commissioner that emission tests are considered necessary, a person may elect to conduct such test himself. In this event, the person shall notify the Commissioner of this decision and of the time and date of such testing. All tests so conducted shall be in a manner acceptable to the Commissioner and a full written record of conditions in test, of test methods, and of test results obtained by the owner or his authorized test agents shall be maintained, kept on file, and made available for study by the Commissioner. The Commissioner may stipulate that a representative of his office be present during the conduct of such tests and may stipulate a reasonable time limit for the completion of such tests with consideration for seasonal adverse weather conditions. The Commissioner is also authorized to make test data available to the public as reported and as correlated with applicable emission standards. (b) Nothing in this section concerning tests conducted by and paid for any person or his authorized agent shall be deemed to abridge the rights of the Commissioner or his representative to conduct separate or additional tests of any process, fuel-burning, refuse-burning, or control equipment on behalf of the United States Virgin Islands Government at a reasonable time. (c) It shall be the responsibility of the owner or operator of the operation tested to provide, at his expense, reasonable and necessary openings in the system or stack, and safe and easy access thereto, to monitor emissions and to conduct source tests. All new sources of air contaminants erected after the effective date of this act, may be required by the Commissioner to provide adequate openings in the system or stack, and safe and easy access thereto, to permit technically valid measurements and samples to be taken. If a person refuses to supply testing openings, access scaffolding, and other pertinent facilities requested for the purpose of conducting valid emission tests by the Commissioner, the Commissioner shall notify such person to show cause before the Commissioner on a day certain, not less than ten (10) nor more than twenty (20) days from the date of notice, why the equipment should not be sealed. (d) The Commissioner is authorized to carry out a program of inspection and testing of motor vehicles and to develop regulations necessary to enforce compliance with applicable emission standards when necessary and practicable. The Commissioner is also authorized to adopt transportation controls to minimize and prevent air pollution emergencies. History: Added Apr. 21, 1972, No. 3210, Sess. L. 1972, p. 69; amended Sept. 2, 1994, No. 6011, § 1(o), Sess. L. 1994, p. 183; Jan. 3, 2000, No. 6338, § 1(k), Sess. L. 1999, p. 255.

(a) In addition to all other prohibitions contained in this chapter, it is hereby declared to be unlawful for any person, as defined in section 202 of this chapter, by himself, his agent or employee to cause, suffer or allow the emission of obnoxious, pungent, odorous or ill-smelling gases, fumes or other air pollutants from any stack or any other source in the United States Virgin Islands when said emission is determined hereunder to be objectionable. (b) The Commissioner of Planning and Natural Resources, in cooperation and consultation with the Division of Environmental Health within the Department of Health, shall promulgate rules and regulations for the determination and measurement of various kinds and levels of odorous emissions which are to be prohibited as objectionable under the provisions of subsection (a) of this section. (c) In controlling odorous emissions under this section, the Commissioner shall exercise all of the applicable powers and duties enumerated in this chapter for the control of other types of air pollution. The penalties enumerated in section 215 of this chapter are hereby specifically made applicable to violations of this section. History: Added Feb. 26, 1974, No. 3525, Sess. L. 1974, p. 25; amended Sept. 2, 1994, No. 6011, § 1(p), Sess. L. 1994, p. 184.

(a) The Department: (1) shall transmit to the U.S. Environmental Protection Agency a copy of each permit application, including any application for a permit modification or renewal, or such portion thereof, including any compliance plan, as the Administrator may require to carry out the Administrator's responsibilities under the Clean AirClean Air Actded, and (2) shall provide to the Administrator a copy of each permit proposed to be issued and issued as a final permit. (b) The Department shall notify all States and Territories: (1) whose air quality may be affected and that are within fifty (50) miles of the island in which the emission originates, or (2) that are within fifty (50) miles of the source, of each permit application or proposed permit forwarded to the Administrator under this section, and shall provide an opportunity for such states and territories to submit written recommendations respecting issuance of the permit and its terms and conditions. If any part of those recommendations are not accepted by the Department, the Department shall notify the state or territory submitting the recommendations and the Administrator in writing of its failure to accept those recommendations and the reasons therefor. (c) Objection by EPA No permit shall be issued if the Administrator objects to its issuance in a timely manner. History: Added Sept. 2, 1994, No. 6011, § 1(q), Sess. L. 1994, p. 185.

(a) Nothing herein contained shall be construed to abridge or alter rights of action or remedies in equity or under the common law or statutory law, criminal or civil, nor shall any provision of this chapter, or any act done by virtue thereof, be construed as estopping the United States Virgin Islands, or any person, in the exercise of their rights in equity or under the common law or statutory law to suppress nuisances or to abate pollution. (b) Nothing in this chapter shall be construed to abridge, limit or otherwise impair the right of any person to damages or other relief on account of injury to persons or property and to maintain any action or other appropriate proceeding therefor. History: Added Sept. 2, 1994, No. 6011, § 1(r), Sess. L. 1994, p. 186.

The Commissioner shall promulgate rules and regulations and perform all acts as may be required under Territorial and Federal law, rules and regulations to insure adequate public notice and public participation concerning Part 70 permit applications and actions related thereto. History: Added Sept. 2, 1994, No. 6011, § 1(s), Sess. L. 1994, p. 186.

Persons engaged in operations which the Commissioner finds may result in air pollution shall, if so required by regulation, register with the Department and file with the Department reports containing information as to location, size and height of pollutant outlet; rate, duration and composition of pollutant emission; and such other information as the Commissioner may require. History: Added Sept. 2, 1994, No. 6011, § 1(t), Sess. L. 1994, p. 186.

The purpose of this chapter is to preserve, manage and protect the fishery resources, to regulate fishing and to secure its increase and development in all marine, estuarine and freshwaters within the jurisdiction of the United States Virgin Islands. History: Added Nov. 21, 1972, No. 3330, § 2, Sess. L. 1972, p. 485.

In this chapter, unless the context indicates otherwise, the following words, terms and phrases shall have the following meanings: (1) "Alien" means a person who is not a United States citizen by birth or naturalization. (2) "Angling" means fishing with hand line or rod with naturally or artificially baited hook. (3) "Closed season" means the period of time prescribed by the Commissioner during which it shall be unlawful to catch those species of fish, mollusks, crustaceans or other marine or aquatic animals that the Department may deem it advisable to protect during the spawning or breeding season or to restore the fauna in those areas where continuous fishing has depleted fish resources. (4) The verb "to catch" means the same as "to fish". (5) "Citizen" means any natural born or naturalized citizen of the United States of America. (6) "Coastal waters" means all marine or estuarine waters within the jurisdiction of the territory. (7) "Commissioner" means the Commissioner of Conservation and Cultural Affairs or his authorized designee or employee. (8) "Department" means the Department of Conservation and Cultural Affairs. (9) "Fish" includes, when used as a noun, fish, oysters, claims, conchs, crabs, lobsters, shrimps, turtles and other marine or aquatic animals, mammals, mollusks and crustaceans and includes any part, product, egg, or offspring thereof, or the dead body or parts thereof. (10) The verb "to fish" in all its modes and tenses means to take or attempt to take fish by any method or means, whether or not such method or means results in their capture. (11) "Fisherman" means any person engaged in fishing for commercial, sport or other purposes, in marine, estuarine or freshwaters within the territorial jurisdiction of the United States Virgin Islands; provided, that dealers in live fish for aquariums and ornamental purposes shall be excluded from this definition. (12) "Fishing" or "fisheries" shall include all acts involved in the use, setting up or operation of any device employed in killing, catching or capturing fish or in transporting or preparing fish for market. (13) "Import" means to land on, bring into, introduce into, or attempt to land on, bring into, or introduce into the territorial jurisdiction of the United States Virgin Islands, whether or not such landing, bringing or introduction constitutes an importation within the definition of the Customs laws of the United States. (14) "Inland" means any area, including bodies of water, whether marine, estuarine or fresh, either landlocked or partially landlocked. (15) "Lobster" means spiny lobster of the species Panulirus argus. (16) "Person" shall include both natural and artificial persons. (17) "Resident" means any natural person who has had the territory as his legal place of residence for one full year immediately preceding the time of consideration. (18) "Sell" shall include offers for sale, possession for profit, exchange, negotiation or the engagement in any other activity of a commercial nature. (19) The word "shall" is mandatory, not directory. (20) "Short lobster" means any lobster measuring less than prescribed in section 319 of this chapter. (21) "Take" with respect to marine or sea turtles means to harass, harm, pursue, hunt, shoot, kill, trap, capture, intentionally wound, or collect, or attempt to engage in any such conduct. (22) "Territory" means the land and jurisdictional waters of the Virgin Islands of the United States. (23) "Vessel" means any boat or other type of watercraft capable of being used as a means of transportation on water. (24) "Virgin Islands" means the United States Virgin Islands. Whenever the taking of fish is authorized, reference is had to taking by lawful means and in a lawful manner. Any reference to the taking or having in possession of fish shall include the taking or having in possession of any part or portion thereof. History: Added Nov. 21, 1972, No. 3330, § 2, Sess. L. 1972, p. 485; amended June 1, 1984, No. 4953, § 1(a), Sess. L. 1984, p. 163.

(a) The Commissioner shall have the following powers and duties: (1) To preserve, manage and protect the fishery resources of the territory in the inland and jurisdictional coastal waters thereof. (2) To regulate the operations of all fishermen vessels of this territory engaged in the taking of fishery resources within or without the boundaries of the territorial waters. (3) To issue licenses, certificates and registrations for the taking of fishery resources and the processing thereof at sea or on shore within this territory. (4) To secure and maintain statistical records of the catch of various species of fish by various gear, by area, and to make such records available to fishermen. (5) To advise and assist fishermen in the development and use of fishing gear and techniques. (6) To provide fishing information to the public. (7) To conduct scientific studies and research, and to publish, or cause to be published, and distributed the results of same to fishermen and other interested persons. All of such duties and operations shall be directed to the broad objective of managing such fishery resources, in the interest of all people in the territory, to the end that they may produce the maximum sustained yield consistent with the protection and preservation of the breeding stock. (b) The Commissioner shall administer, coordinate and enforce the provisions of this chapter, in cooperation with other appropriate departments of the Territorial and Federal Governments; and in particular shall coordinate his duties and activities with the Department of Commerce in the administration of its duties pursuant to chapter 27 of Title 11 of this Code. (c) The Commissioner, subject to the provisions of chapter 25 of Title 3 of the Code, shall appoint such conservation officers, fisheries biologists, research staff and other personnel as are necessary to the proper and effective administration and enforcement of this chapter and rules and regulations promulgated hereunder. History: Added Nov. 21, 1972, No. 3330, § 2, Sess. L. 1972, p. 487.

(a) The Commissioner shall prescribe all rules and regulations necessary or desirable for carrying out the duties, obligations, powers and responsibilities conferred upon him under this chapter, which, after being approved in accordance with chapter 25 of Title 3 of the Code and published as required in subsection (c) of this section shall have the force and effect of law. (b) Such rules and regulations shall include but not be limited to: establishing closed seasons; regulating the size or quantity limits for any species of fish or marine plants; regulating the mesh sizes or openings or designs of traps, pots, nets, seines and other devices for fishing; regulating and prohibiting fishing for such times as he may deem it necessary to protect and preserve marine and aquatic resources and to prevent the catching of fish in polluted areas; preparing blank forms for licensing and registration pursuant to this chapter; requiring registration for the use or possession of any apparatus or device used in fishing; denying or prohibiting the use of any type of apparatus, device or method of fishing, when, in his judgment, such apparatus, device or method or the location of its use is detrimental to fishing, wildlife conservation or other legitimate interests. (c) All rules and regulations shall be published at least once each week for two consecutive weeks in newspapers of general circulation on the Island of St. Croix and the Islands of St. Thomas and St. John, and shall take effect and be in force at the time specified therein. Such rules and regulations shall be admitted as evidence in the courts of the territory when accompanied by an affidavit from the Commissioner certifying that the rule and regulation has been lawfully adopted, promulgated and published, and such affidavit shall be prima facie evidence of proper adoption, promulgation and publication of the rule or regulation. (d) Any person violating or otherwise failing to comply with any of the rules and regulations adopted as aforesaid shall be deemed guilty of a misdemeanor and upon conviction shall be fined not more than $500.00 or imprisoned for not more than six months, unless otherwise provided by law. (e) The Commissioner is authorized, from time to time in his discretion, to cause the statutory laws under his jurisdiction, together with any rules and regulations promulgated by him pursuant to this chapter, to be published in pamphlet form for free distribution in the territory. The Commissioner is also authorized to make charges for technical and educational publications and mimeographed material of use for educational or reference purposes in promoting the purposes of this chapter. Such charges may be sufficient to cover cost of preparation, printing, publishing and distribution. All moneys received for publications shall be deposited in the Fish and Game Fund created under chapter 1, section 81a of this title. The Commissioner is further authorized to enter into agreements with persons, firms, corporations, governmental agencies and other institutions whereby publications may be exchanged reciprocally in lieu of payments for said publications. History: Added Nov. 21, 1972, No. 3330, § 2, Sess. L. 1972, p. 488.

(a) Conservation officers shall have the authority, without warrant, to board, inspect and search any boat, fishing appliance, storage or processing plant, fish house or any warehouse, building or vehicle engaged in transporting any fish or fishery product. Such authority to search and inspect without a search warrant is limited to those cases where such officers have probable cause to believe that fish or any salt water or aquatic products are taken or kept for sale, barter, transportation or other purposes in violation of laws or rules and regulations promulgated under this chapter. Any conservation officer may at any time seize or take possession of any salt water or aquatic products which have been unlawfully caught, taken, processed, or which are unlawfully possessed or transported in violation of any statute or regulation of the Commissioner. For the purpose of this subsection "probable cause to believe" shall mean instances where on the part of a conservation officer there are facts which would induce any fair-minded person of average intelligence and judgment to believe that the provisions of this chapter have been or are being violated. (b) It shall be unlawful for any person to intentionally molest any traps, pots, nets, lines or buoys belonging to another, without permission of the license holder, except as hereinafter provided. Conservation officers may arrest any person or persons in the act of violating any of the provisions of this chapter or rules or regulations of the Commissioner or who are found to be stealing, misappropriating or using in any unauthorized manner the traps, pots, nets, lines or buoys or other equipment of any fisherman in the United States Virgin Islands, and to seize any vessel and its cargo, or other equipment used in violation of this chapter or its regulations. Any person so arrested shall be taken immediately before a judge of the Superior Court and any boat or vessel or other equipment so seized may be confiscated by the Government of the United States Virgin Islands after proper legal proceedings. (c) It is hereby declared unlawful for any person to resist such arrest or in any manner to interfere with said conservation officers while engaged in the performance of the duties imposed upon them by law or rule or regulation of the Commissioner. (d) Conservation officers may at any time lift, raise or draw a pot or trap with its contents, if any, for the purpose of inspection permitted herein; provided, that due care is taken to protect the catch in any such pot or trap if no provision of this chapter has been violated; and provided, further, that the owner of such pot or trap or his designee is present or the consent of the owner has been obtained. (e) The powers, duties and authority of the enforcement officers, and the Superior Court and its officers, conferred by chapter 1, subchapter VIII of this title with reference to conservation tickets and conservation offenses, as well as the rights and liabilities of those charged with those offenses, shall apply equally to violations committed under this chapter. In addition, if a violation is committed from a boat, fishing appliance, storage or processing plant, fish house or any warehouse, building or vehicle engaged in transporting any fish or fishery product, a lien may be placed against it until the fine is paid. History: Added Nov. 21, 1972, No. 3330, § 2, Sess. L. 1972, p. 489; amended June 5, 2001, No. 6411, § 4, Sess. L. 2001, p. 35.

If at any time any question of law or any litigation arises, and the Attorney General is otherwise occupied, and cannot give the time and attention necessary to such question of law or litigation as the occasion demands, the several Assistant Attorneys General shall attend to any such question of law or litigation arising within their respective districts, and if such Assistant Attorneys General are otherwise occupied and cannot give the time and attention necessary to such question of law or litigation as the case may demand, the said Commissioner may employ additional counsel for that particular cause, with the advice and consent of the Attorney General. Such additional counsel's fees shall be paid from the moneys appropriated to the Department of Conservation and Cultural Affairs. History: Added Nov. 21, 1972, No. 3330, § 2, Sess. L. 1972, p. 490.

Courts of the territory shall have jurisdiction to enforce the fisheries of the territory by injunction. History: Added Nov. 21, 1972, No. 3330, § 2, Sess. L. 1972, p. 491.

The Commissioner may require, as he determines, that bond be given by any employee of the Department, payable to the Governor of the territory for the use and benefit of those whom it may concern, in such penal sums with good and sufficient surety or sureties approved by the Commissioner conditioned for the faithful performance of the duties of such employee. History: Added Nov. 21, 1972, No. 3330, § 2, Sess. L. 1972, p. 491.

(a) Subject to the provisions of federal laws pertaining to the proprietary rights of the Government of the United States, all beds and bottoms of navigable rivers, streams, lagoons, lakes, sounds, inlets, bays, roadsteads, harbors, oceans, seas or other bodies of water within the jurisdiction of the territory shall be the property of the territory except such as may be held under some grant or alienation heretofore made. No grant, sale, lease or other conveyance of any water bottom shall hereafter be made by the territory or any official thereof. (b) Subject to the provisions of federal laws pertaining to the proprietary rights of the Government of the United States, all species of fish, mollusks, crustaceans, animals, plants and all other species comprising the marine, estuarine and freshwater fauna and flora within the jurisdiction of the territory, excluding all privately owned enclosed ponds not exceeding fifty (50) acres, are hereby declared to be the property of the Government of the United States Virgin Islands and of common ownership and public use. They may be freely fished, caught, utilized or traded, subject to the limitations of this chapter and the rules and regulations for its enforcement. History: Added Nov. 21, 1972, No. 3330, § 2, Sess. L. 1972, p. 491.

For the purpose of this chapter, the jurisdiction of the territory shall include all inland and estuarine waters and shall extend to either 3 miles from the shorelines of the territory or to any international boundary located within such 3 mile limit, whichever distance is the shorter. History: Added Nov. 21, 1972, No. 3330, § 2, Sess. L. 1972, p. 492; amended June 1, 1984, No. 4953, § 1(b), Sess. L. 1984, p. 163.

No person may engage in fishing and no vessel or other fishing device may be used in fishing in the territory unless registered, certified or licensed in accordance with the provisions of this chapter. History: Added Nov. 21, 1972, No. 3330, § 2, Sess. L. 1972, p. 492.

(a) The administration and enforcement of Title 25, chapter 15 of the Code, regarding the identification and operation of motor boats, shall be vested in the Commissioner, and all fees and monies received under the provisions of said chapter shall be deposited in the Fish and Game Fund created under chapter 1, section 81a of this title; provided, that any and all vessels used for or engaged in commercial fishing or the hauling of traps, pots, nets or seines in the territory shall, in addition to the requirements of said chapter, conform to the requirements for displaying numbers and colors as hereinafter described in this section. (b) In addition to the motorboat certificate of number fee imposed by Title 25, chapter 15, section 293 of the Code, a registration tax of fifty ($50) dollars shall be required for all vessels, boats, schooners or launches used for commercial fishing purposes which are owned in whole or in part by an alien or nonresident of the territory. Such tax shall also be deposited in the Fish and Game Fund. (c) The Commissioner, upon written application from any person eligible for a license hereinafter referred to, and upon payment of the prescribed fee, shall grant and renew transferable fishing licenses for the purpose of fishing in the jurisdictional waters of this territory. Such licenses, except as hereinafter provided, shall be granted only to individuals who are citizens of the United States, aliens with permanent residence status and aliens bonded as fishermen who have resided in the territory for at least one year next preceding the date of application for such license, however, no license shall be issued to a minor under seventeen years of age except with the written consent of his or her parent, guardian or custodian and in the discretion of the Commissioner. (1) The license granted in this subsection shall be transferable to immediate relatives and family members of the grantee. (2) The license granted in this subsection shall be transferable to fisherman helpers. (d) All licenses issued pursuant to this section shall be issued by the Commissioner on forms prepared and designed for this purpose. The type of license issued may be varied depending upon the nature of the fishing activity being licensed. Said license shall be valid for either one, two or three years at the option of the applicant and in the discretion of the Commissioner, and shall take effect on July 1 of the year of commencement and shall expire on June 30 of the year of expiration. The fee for licenses purchased for less than the full term shall be prorated accordingly. The Commissioner, after consultation with each Fisheries Advisory Committee, shall by rule, pursuant to chapter 35 of Title 3 of the Code, prescribe a schedule of fees for each type of license issued under this section. (e) Each applicant for a commercial fishing license shall state the color scheme of the buoys desired to be used by him, which, if approved by the Commissioner, shall be set forth in his license. All buoys used by the licensee shall be marked accordingly, and all buoys, traps, pots, nets and seines used by him shall be marked with the licensee's number assigned to him by the Commissioner, which shall be burned or cut into the surface thereof. The size of said numbers shall be prescribed by regulation of the Commissioner. All buoys, pots, traps, nets and seines that are not marked as required shall be removed from the jurisdictional waters by any conservation officer and shall be held for a period of two (2) months. If the owner of such buoy, pot, trap, net or seine fails to claim same within said two (2) month period it shall be permanently confiscated and disposed of by the Commissioner as he deems appropriate. Conservation officers shall in no way be liable for such removal, confiscation or disposal. Before any buoy, pot, trap, net or seine is transferred, sold or given to another person, the owner shall burn or cut the letter "T" into the buoy, pot, trap, net or seine, after his number, to indicate that the buoy, pot, trap, net or seine has been transferred; and the new owner shall burn or cut his number into the buoy, pot, trap, net or seine. It shall be prima facie evidence of a violation of this section if a person has in his possession or uses any buoy, pot, trap, net or seine that has had the permit number removed, altered or defaced. The licensee's number shall, in addition to the number required to be attached by Title 25, section 293 of the Code, be prominently displayed on the fisherman's boat so as to be readily visible, in the manner specified by the Commissioner in his regulations. (f) Prior to engaging in fishing in territorial waters, the name and license number of said licensee must be previously entered in a register which shall be provided by the Commissioner and kept in an office or offices designated by the Commissioner. (g) No person shall take or attempt to take, with the aid or use of any vessel, any fish by pot, trap, net, seine or other contrivance designed for or adapted to the taking of fish, other than by angling, without displaying the buoy colors used by him in accordance with his license by painting the color or colors: (a) on each side of the hull or upon panels attached to each side of the hull, or (b) upon both sides of a single panel which is attached to the boat on top of the bow, or by mounting a buoy, not less than eleven (11) inches in length and four (4) inches in diameter, with his color scheme thereon, in an upright position at least six (6) inches above the roof of the boat. Color schemes painted on the hull of the boat or upon panels shall be displayed as a solid colored strip four (4) inches high and eighteen (18) inches long, each strip abutting another on the longest side, if more than one color, to form a rectangle or square. The rectangle or square thus formed shall have a black border all the way around at least one (1) inch wide. All color schemes so displayed shall be clearly visible from both sides of the boat. The operator of such fishing vessel is responsible to keep all markings legible and in good repair and insure that no part of the vessel, its rigging or fishing gear obstructs the view of the official number and buoy color from enforcement vessels, officers, or aircraft. (h) Any person licensed under the provisions of the preceding subsections may, upon application to the Commissioner and upon payment of the prescribed fee, obtain one or more helper's licenses, which shall authorize one person for each such license issued to assist such licensee in fishing in the coastal waters of the territory by means of pots, traps, nets or seines. Said licensee shall retain in his possession any such helper's licenses obtained by him, but such helper's license shall be applicable to any person so assisting said licensee. A licensee shall at all times, while acting in pursuance of his license or being assisted therein, exhibit his license and helper's licenses upon the demand of any conservation officer or other officer qualified to serve criminal process and, upon failure to do so, said officer may arrest any person violating this provision. (i) Any person or group of persons who shall willfully make a false statement in an application for a license pursuant to this chapter shall be guilty of a violation hereof and upon conviction, shall be subject to the penalty provided in section 325 of this chapter; provided, that the Commissioner shall declare null and void the license or group of licenses granted by virtue of such statement if he is convinced after a hearing held within sixty days of the occurrence of the alleged falsity, in which the licensee has been given the opportunity to defend himself, that the alleged false statement was willfully made. (j) Unless otherwise specifically provided by law, every license issued under any provision of this chapter or any other provision of law relating to fish and fisheries or any rules and regulations made under the authority thereof, held by any person convicted of a violation of any law relating to fish and fisheries or any rules or regulations made under the authority thereof by a court of competent jurisdiction, shall be suspended and inoperative for one month for the first offense, three months for the second offense and for one year for the third and subsequent offenses. All suspended or void licenses shall be surrendered forthwith to the Commissioner. No person whose license has become suspended or void shall be issued a new license under authority of any provision of law relating to fish and fisheries during the period of suspension. No fee received for a license suspended or made void under this section shall be refunded. (k) No license shall be required of those individuals who engage in fishing for the sole purpose of providing food for themselves and their families; provided, that such fishing is not commercial and does not involve pots, traps, set nets or haul seines. (l) If a license issued under this chapter is lost or destroyed, the licensee may, upon application to the Commissioner, and upon payment of a fee of two ($2) dollars, receive a duplicate thereof; provided, that such application is accompanied by an affidavit setting forth the circumstances of said loss or destruction. (m) The Commissioner shall state in his annual report the number of certificates of number, registrations and licenses of each kind granted under this section, and the total amount of the fees or taxes collected thereby. (n) Any person who violates any provision of this section, unless otherwise provided, shall be subject to a fine of not less than fifty ($50) dollars nor more than five hundred ($500) dollars. History: Added Nov. 21, 1972, No. 3330, § 2, Sess. L. 1972, p. 492; amended Nov. 7, 1983, No. 4877, § 310(e), Sess. L. 1983, p. 240; June 1, 1984, No. 4953, § 1(c), Sess. L. 1984, p. 163; July 18, 2012, No. 7379, § 1, Sess. L. 2012, p. 173.

Any person not a resident of the territory and desiring to engage in commercial fishing in the territory, must conform to the same laws, rules and regulations by which the resident fishermen of the territory are governed and no person not a resident of the territory may bring his catch of fish or part of his catch of fish to sell in the territory unless he obtains the proper license duly issued by the Commissioner, which license shall be granted by the Commissioner only in those cases which will be of benefit to the interest and welfare of the territory. Fish caught or harvested outside the jurisdictional waters of the territory and brought to the territory for consumption, whether in local or foreign vessels, shall be subject to the regulatory requirements and other provisions relative to the harvesting of domestic species. History: Added Nov. 21, 1972, No. 3330, § 2, Sess. L. 1972, p. 496.

Moneys received by the territory for fishing licenses, certificates of number, vessel registrations, fines or other penalties relating to fish or fisheries and such sums as may be credited for other reasons for fish or fisheries activities in the territory, including sums received from the Federal Government, shall be credited to the Fish and Game Fund created under chapter 1, section 81a of this title, and expended as provided for therein. History: Added Nov. 21, 1972, No. 3330, § 2, Sess. L. 1972, p. 496.

(a) The owner of every boat, vessel or watercraft and the owner of every pot, trap, net, seine or other fishing gear (hereinafter referred to as devices), used for fishing purposes, and every licensee or person registered under sections 312 and 313 of this chapter shall, annually, before July 31, make a written report, under oath, to the Commissioner. Such report shall contain the number of pounds and the value of each kind of edible seafood caught by him with such boat or devices for the twelve (12) months ending on the preceding June 30, and the number and value of the devices, if any, used in such catching or taking, and the number of persons employed therein. The Commissioner shall annually, on or before August 15, provide such owner or licensee, upon his application, with suitable blank forms for such reports, so arranged that each month's catch may be separately recorded thereon; and in filling out such reports, such owner or licensee shall give, so far as practicable, the above required results of each month's fishing. (b) In lieu of said annual report, the Commissioner may require an owner or licensee to submit a monthly report of such facts listed herein as the Commissioner may deem advisable. (c) The license and/or vessel registration of any person who willfully fails to make a report or willfully makes a false report shall be suspended and a new license or registration shall not be issued until such report is made. (d) Any person who willfully violates any provision of this section shall be punished by a fine of not less than ten ($10) dollars nor more than one hundred ($100) dollars. History: Added Nov. 21, 1972, No. 3330, § 2, Sess. L., p. 496.

(a) The Commissioner shall announce, at least forty-five (45) days in advance, the beginning of each of the closed seasons prescribed in the regulations issued pursuant to this chapter for the protection of one or more species of fish as herein defined. (b) The transportation and sale of a species of fish which is the subject of a closed season shall be allowed up to the seventh day after the commencement of the closed season in order to permit the liquidation of stock caught before the beginning of such closed season. (c) The fishing, sale, transportation and utilization of all species not expressly included in the closed seasons established by rules and regulations hereunder shall be permitted at any time throughout the year. The sale and transportation of any species of fish that is included in the closed season is permitted during the closed season if such fish is imported from outside the United States Virgin Islands or caught and stored prior to the closed season. History: Added Nov. 21, 1972, No. 3330, § 2, Sess. L. 1972, p. 497; amended July 24, 1997, No. 6141, § 5, Sess. L. 1997, p. 39.

The Department, and any other person or organization with the written permission of the Commissioner, may catch or cause to be caught, for scientific or educational purposes or for fish culture, any fish or marine organism at any time, from the jurisdictional waters of the territory, and may sell or cause to be sold when not otherwise prohibited by law, all or such part of the catch that has been taken and as may not be necessary for scientific or educational purposes or for fish culture. The proceeds, if any, from these sales shall be deposited in the Fisheries and Wildlife Fund. History: Added Nov. 21, 1972, No. 3330, § 2, Sess. L. 1972, p. 497.

(a) It is the intent of the Legislature of the United States Virgin Islands to contribute to the preservation of marine turtles in the Caribbean area, said turtles now being close to extinction. (b) It shall be unlawful for any person to take, kill, possess, mutilate or in any way destroy any loggerhead, leatherback, hawksbill, ridley or green turtle or any other species of sea turtle, or take or possess any part thereof while such turtle is on the beaches of the territory at any time, or to take or possess any such turtle in the territorial waters during the months of May through September, inclusive, of each year and at such other times as the Commissioner may by rule and regulation prescribe. It shall be unlawful to import, export, trade, sell or in any way deal in sea turtles of any kind; provided, however, that the Commissioner may issue written permission to any licensed or publicly owned zoo or exhibitor of marine life to capture such turtles for purposes of live exhibition. (c) No person may take, possess, disturb, mutilate, destroy, cause to be destroyed, sell, offer for sale, transfer, molest or harass any sea turtle nest or eggs at any time. (d) Any person violating any provision of this section is guilty of a misdemeanor and shall, upon conviction therefor, be punished by a fine of not less than one hundred ($100) dollars nor more than six hundred ($600) dollars, or by imprisonment for a period not to exceed one (1) year, or by both such fine and imprisonment. History: Added Nov. 21, 1972, No. 3330, § 2, Sess. L. 1972, p. 498; amended June 1, 1984, No. 4953, § 1(d), Sess. L. 1984, p. 163.

(a) It is intent of the Legislature of the United States Virgin Islands to place restrictions upon the taking of spiny lobsters for the purpose of insuring and maintaining the highest possible production of such lobsters, for commercial purposes, consistent with sensible conservation practices. (b) No person, firm or corporation shall take or have in his possession at any time, regardless of where taken, any spiny lobster (crawfish or crayfish) of the species Panulirus Argus unless such spiny lobster (crawfish or crayfish) of the species Panulirus Argus shall have a carapace measurement of more than three and one-half (31/2) inches. The carapace (head, body, front section) measurement shall be determined by beginning at the anteriormost (front) edge of the groove between the horns directly above the eyes, then proceeding along the middorsal line (middle of back) to the rear edge of the top part of the carapace. Spiny lobsters of less than the minimum size limit set forth above may be used as "attractants" in traps or pots, but may not be retained on any vessel or be landed. Such lobsters shall be returned immediately to the water unharmed. (c) Lobsters must remain in a whole condition at all times while being transferred on, above or below the waters of the territory and the practice of wringing or separating the tail (segmented portion) from the body (carapace or head) section is prohibited on the waters of this territory, except by special written permission issued by the Commissioner. (d) Egg-bearing lobsters of any species shall not be taken, possessed or sold at any time, except that egg- bearing lobsters may be returned to pots or traps in which they have been captured, provided said egg- bearing lobsters are returned to such pots or traps in a live and unharmed condition, are provided with adequate food, and are immediately returned into the water. Such egg-bearing lobsters as are returned to pots or traps as aforementioned, shall not be taken or possessed or sold until the eggs have been naturally released into the water; provided they are of at least the minimum size set forth in subsection (b) above. (e) The practice of stripping, shaving, scraping, clipping or otherwise molesting egg-bearing lobsters in order to remove the eggs is prohibited. (f) It shall be unlawful for any person to spear, hook or otherwise impale any lobster in the process of its capture. Lobsters may only be captured by hand, snare, pot or trap, so that short or egg-bearing lobsters may be released unharmed or returned to the pot or trap as is herein permitted. It shall be prima facie evidence of a violation of this paragraph if a person has in his possession or sells any lobster that has been speared, hooked or otherwise impaled. (g) Traps may be pulled, tended or opened by the owner of the vessel. Should said vessel be tending another person's traps, the written consent of the owner of the traps must be on the tending vessel. (h) All traps or pots used for fishing must contain on any vertical side or on the top an opening no smaller in diameter than the throat or entrance of the trap or pot. The opening may be covered either by degradable netting made by any of the materials listed below, or by a cover made of any material and fastened to the fish trap or pot with any of the materials listed below: (1) Untreated fiber of biological origin not more than three millimeters (approximately 1/8 inch) maximum diameter, including, but not limited to: tyre palm, hemp, jute, cotton, wool or silk; (2) Non-galvanized black iron wire not more than 1/16 inch (approximately 1.59 millimeters) in diameter; that is, 16 gauge wire. (i) Any person violating any provision of this section is guilty of a misdemeanor and shall upon conviction therefor be punished by a fine of not less than one hundred ($100) dollars nor more than six hundred ($600) dollars or by imprisonment for a period not to exceed one (1) year, or by both such fine and imprisonment. History: Added Nov. 21, 1972, No. 3330, § 2, Sess. L. 1972, p. 498; amended July 9, 1973, No. 3458, § 2, Sess. L. 1973, p. 162; June 1, 1984, No. 4953, § 1(e)(1)-(6), Sess. L. 1984, p. 163.

Fishing is hereby prohibited in any public pond, lake, stream or other body of freshwater in the territory by any gear, device or other means except that of angling; provided, that the Commissioner may grant permission, which shall be in writing, for the use of other fishing gear, devices or means of any person or organization for scientific purposes or for live exhibition by any licensed or publicly owned zoo or exhibitor of aquatic life. History: Added Nov. 21, 1972, No. 3330, § 2, Sess. L. 1972, p. 499.

(a) Haul seines shall have no meshes smaller than one and one-half (1 1/2) inches stretch measure; except that seines specifically used for the catching of bait fish may have smaller meshes; provided, that such bait seines and the use thereof shall otherwise conform to the provisions of this chapter and to the rules and regulations issued by the Commissioner. (b) In fishing with haul seines or bait seines it is prohibited to take the seines up to the shore or otherwise remove them from the water to withdraw the fish. Every fish suitable for human consumption must be withdrawn from the seine while it is still in the water, and the fish which are too small for human consumption and which shall not be utilized as bait fish (specifically ballyhoo, mullet or sprat), shall be released unharmed into the sea. (c) Fish pots may be constructed of any material; provided, that the entrance, or one side of the fish pot, or the door or the fastening of the door for the removal of fish shall be constructed of some material less durable than that used in the construction of the fish pot itself, such as twine, twine and bamboo or soft wood; the purpose being to permit the escape of fish in fish pots which have been lost accidentally at sea. (d) No fish trap, fish pot or lobster pot constructed of wire or mesh, in part or in whole, and used within the inland or reef-protected areas of the territorial coastal waters, shall have a wire mesh opening less than one and one-quarter (1 1/4) inches in its largest vertical dimension, the purpose being to permit the escape of small and juvenile fish. (e) No person shall use wooden or bamboo or metal buoys on any traps, pot or set in the inland or coastal waters of this territory after January 1, 1973. (f) Any boat or vessel equipped with, or any person having in his possession, any gear, apparatus or other device or equipment contrary to the provisions of this chapter shall be considered to be in violation of those provisions. (g) Any person violating this section is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than fifty ($50) dollars nor more than one hundred ($100) dollars or by imprisonment for not more than thirty (30) days on each count, or by both such fine and imprisonment. History: Added Nov. 21, No. 3330, § 2, Sess. L. 1972, p. 500.

Hooks, Or Similar Devices (a) It is prohibited to fish by means of explosives in the territory, or to sell or to possess fish caught by means of any kind of explosives, except that sharks may be taken with an implement popularly known as a "bang stick" and possession of sharks taken by such means shall not be unlawful. (b) Spiny lobsters shall not be taken with explosives, poisons, drugs, or other chemicals, nor with spears, hooks or similar devices. (c) Any person violating the provisions of this section is guilty of a misdemeanor and shall upon conviction therefor, be punished by a fine of not less than three hundred ($300) dollars nor more than five hundred ($500) dollars on each count or by imprisonment for not more than six (6) months, or by both such fine and imprisonment. History: Added Nov. 21, 1972, No. 3330, § 2, Sess. L. 1972, p. 501; amended June 1, 1984, No. 4953, § 1(f), Sess. L. 1984, p. 164.

It is prohibited to throw or cause to be thrown or deposited into any waters of the United States Virgin Islands, oils, acids, poisons or any other substance which destroys or injures fish as defined herein. When any natural or artificial person desires to discharge into any waters of the United States Virgin Islands, whether pond, lagoon, spring, stream, river, channel, sea or other waters, the residue or waste of any factory or industrial enterprise, he shall first obtain all necessary federal and United States Virgin Islands permits. Any artificial person violating the provisions of this section is guilty of a misdemeanor and shall upon conviction therefor, be fined not less than three hundred ($300) dollars nor more than five hundred ($500) dollars on each count. Any natural person violating the provisions of this section is guilty of a misdemeanor and shall, upon conviction therefor, be punished by a fine of not less than three hundred ($300) dollars nor more than five hundred ($500) dollars on each count or be imprisoned for not more than six (6) months, or by both such fine and imprisonment. The provisions of this section shall not be construed to prevent the Department of Health from throwing into the water any substance necessary for the protection of the public health. History: Added Nov. 21, 1972, No. 3330, § 2, Sess. L. 1972, p. 501.

(a) It shall be unlawful for any person to enter the tidal zone to the lee of the stern of any floating fishing craft at anchor for a distance of one hundred and seventy-five feet by the width of the transom, but not less than 10 feet in width, provided that such craft is not closer than 200 feet from any shoreline, and provided further that such craft is displaying a flag referred to in subsection (b) of this section identifying it as a fishing craft. (b) The Commissioner, within thirty days from July 27, 1982, shall cause to be made, and shall make available to, all United States Virgin Islands commercial fishermen for a nominal charge identical brightly colored flags of a distinctive nature which can be displayed by such fishermen on their fishing boats while engaged in legitimate fishing activities; provided, however, that the Commissioner shall keep a list of all persons who obtain flags pursuant to the provisions of this subsection. History: Added July 27, 1982, No. 4731, Sess. L. 1982, p. 121.

No person shall sell, or represent for the purpose of sale, in any form, any seafood as local or native seafood unless the same shall have been originally caught or taken in this territory; nor shall any person so sell, or represent for the purpose of sale, in any form, any crustacean as local or native lobster unless the same is of the species known as Panulirus argus; nor shall any person so sell, or represent for the purpose of sale, in any form, any meat as local or native lobster meat unless such meat is wholly from crustaceans of such species. Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction therefor, shall be punished by a fine of not less than twenty-five ($25) dollars nor more than one hundred ($100) dollars on each count. History: Added Nov. 21, 1972, No. 3330, § 2, Sess. L. 1972, p. 501.

(a) Any person who knowingly counsels, aids or assists in a violation of any provision of this chapter or of any rule or regulation promulgated thereunder or knowingly shares in any of the proceeds of said violation by receiving or possessing fish, shall be deemed to have incurred the penalties imposed thereby upon the person guilty of such violation. (b) Any person violating any provision of this chapter, unless otherwise provided, is guilty of a misdemeanor and shall, upon conviction, be subject to a fine of not more than five hundred ($500) dollars or to imprisonment for not more than one (1) year, or to both such fine and imprisonment. (c) Any penalty imposed under this chapter shall be in addition to the suspension or revocation of licenses, permits, certificates or registrations as authorized by this chapter, and to any confiscation and forfeiture proceedings authorized under this chapter. (d) Any person, other than a person charged with enforcing the provisions of this chapter, furnishing evidence sufficient to convict any violator of sections 318, 319, 322 or 323 of this chapter, shall receive a reward of fifty ($50) dollars for each conviction. The reward shall be paid by the Commissioner from the Fish and Game Fund upon certification of conviction by the Attorney General. History: Added Nov. 21, 1972, No. 3330, § 2, Sess. L. 1972, p. 502.

(a) All public fish markets in the United States Virgin Islands heretofore established under the jurisdiction of the Department of Agriculture are hereby transferred to and continued without interruption within the Department of Conservation and Cultural Affairs. (b) The Commissioner of Conservation and Cultural Affairs is authorized to establish a schedule of reasonable fees for the use of the facilities and to issue appropriate rules and regulations in the manner provided by law to govern the use of the fish markets. History: Added Feb. 20, 1976, No. 3782, § 2, Sess. L. 1976, p. 6.

It is hereby declared to be the intent of the Legislature of the Virgin Islands of the United States that if a court of competent jurisdiction finds any provisions of this chapter to be invalid or ineffective in whole or in part, the effect of such decision shall be limited to those provisions which are expressly stated in the decision to be invalid or ineffective, and all other provisions of this chapter shall continue to be separately and fully effective. History: Added Nov. 21, 1972, No. 3330, § 2, Sess. L. 1972, p. 502.

The sea has long dominated the history of the United States Virgin Islands. It has, until the advent of the air age, been the only route to the outside. The sea has brought to these islands all of the seven flags that have reigned over them. It has also been a constant source of food and recreation. The threshold to the sea that surrounds us is the shoreline. The shorelines of the United States Virgin Islands have in the past been used freely by all residents and visitors alike. The seashore has been a place of recreation, of meditation, of physical therapy and of rest to Virgin Islanders past and present. To fishermen the sea and its shores are a way of life. The second half of the twentieth century has brought adverse changes to the United States Virgin Islands shorelines. There has been uncontrolled and uncoordinated development of this area, together with attempts, sometimes successful, to curtail the use of these areas by the public. The Legislature recognizes that the public has made frequent, uninterrupted and unobstructed use of the shorelines of the United States Virgin Islands throughout Danish rule and under American rule as recently as the nineteen fifties. It is the intent of the Legislature to preserve what has been a tradition and to protect what has become a right of the public. History: Added June 3, 1971, No. 3063, § 1, Sess. L. 1971, p. 224.

(a) It is hereby declared and affirmed that the public, individually and collectively, has and shall continue to have the right to use and enjoy the shorelines of the United States Virgin Islands as "United States Virgin Islands" is defined in section 2(a) of the Revised Organic Act of the United States Virgin Islands. (b) For the purposes of this chapter "shorelines of the United States Virgin Islands" shall mean the area along the coastlines of the United States Virgin Islands from the seaward line of low tide, running inland a distance of fifty (50) feet; or to the extreme seaward boundary of natural vegetation which spreads continuously inland; or to a natural barrier; whichever is the shortest distance. Whenever the shore is extended into the sea by filling or dredging, the boundary of the shorelines shall remain at the line of vegetation as previously established. History: Added June 3, 1971, No. 3063, § 1, Sess. L. 1971, p. 224.

No person, firm, corporation, association or other legal entity shall create, erect, maintain, or construct any obstruction, barrier, or restraint of any nature whatsoever upon, across or within the shorelines of the United States Virgin Islands as defined in this section, which would interfere with the right of the public individually and collectively, to use and enjoy any shoreline. History: Added June 3, 1971, No. 3063, § 1, Sess. L. 1971, p. 225.

History: Repealed. Oct. 31, 1978, No. 4248, § 4, Sess. L. 1978, p. 313.

The Legislature finds that the employment of United States Virgin Islands youth in the beautification of the United States Virgin Islands and the conservation of its irreplaceable natural resources will provide a constructive and instructive experience for such youth in the understanding and appreciation of their natural environment and heritage. It is therefore the purpose of this chapter to further the objectives of the Department of Conservation and Cultural Affairs and the development and maintenance of the beauty and natural resources of the United States Virgin Islands by the youth upon whom will fall the responsibility for maintaining and managing these resources. History: Added Apr. 23, 1970, No. 2708, § 4, Sess. L. 1970, p. 95.

(a) To further assist in carrying out the duties, responsibilities and programs of the Department of Conservation and Cultural Affairs, there is hereby established in such Department a Virgin Islands Student Conservation Corps (hereinafter in this chapter referred to as the "Corps"). The Corps shall consist of young men and women who have attained age fourteen but have not attained age twenty-five. (b) The Commissioner of Conservation and Cultural Affairs may employ members of the Corps pursuant to the provisions of chapter 8 of Title 24 of this Code. Corps members with college training in the areas of forestry, ecology, horticulture, landscape architecture or related subjects shall be employed in supervisory capacities whenever possible. (c) The Commissioner of Conservation and Cultural Affairs shall determine the areas under his administrative jurisdiction which are appropriate for carrying out programs using student employees of the Corps. The rates, hours and other conditions of employment in the Corps shall be determined by the Commissioner with the approval of the Director of Personnel; provided, that members of the Corps shall not be deemed to be regular employees of the Government of the United States Virgin Islands other than for the purposes of chapter 11 of Title 24 and chapter 118 of Title 33 of this Code. (d) No member of the Corps shall be employed for a term in excess of 90 consecutive days during any one calendar year. (e) The Commissioner of Conservation and Cultural Affairs with the approval of the Director of Personnel may provide for such transportation, lodging, subsistence, and other services and equipment as he may deem necessary and appropriate for the needs of members of the Corps in their duties. (f) For the purpose of this chapter, a training and supervisory staff may be employed on a temporary contract basis or pursuant to the provisions of chapter 25 of Title 3 of this Code, with the approval of the Director of Personnel. Members of such staff need not be members of the Corps. History: Added Apr. 23, 1970, No. 2708, § 4, Sess. L. 1970, p. 95; amended Apr. 15, 1971, No. 2992, § 6, Sess. L. 1971, p. 111.

The Legislature of the Virgin Islands hereby determines and finds that the lands and waters comprising the watersheds of the United States Virgin Islands are great natural assets and resources; and that improper development of land results in changed watershed conditions such as: erosion and sediment deposition on lower-lying land and in the tidal waters, increased flooding, gut and drainage filling and alteration, pollution, and other harmful environmental changes to such a degree that fish, marine life, and recreational and other private and public uses of lands and waters are being adversely affected. In order to protect the natural resources of the United States Virgin Islands, promote the health, safety and general welfare of the citizens of the United States Virgin Islands, and to protect private and public property, the Legislature further finds and determines that it is necessary to establish by law an environmental protection program for land development to prevent soil erosion and for the conservation of beaches, shorelines and the coastal zones of the United States Virgin Islands. History: Added Mar. 25, 1971, No. 2967, § 1, Sess. L. 1971, p. 80.

(a) The Virgin Islands Conservation District shall prepare and adopt an Environmental Protection Program in collaboration with the Virgin Islands Office of Planning, the Departments of Conservation and Cultural Affairs, Agriculture, Public Works, and Health. The provisions of the Environmental Protection Program and any amendments thereto shall be filed and published in the same manner and subject to the same conditions as administrative regulations pursuant to chapter 35 of Title 3 of this Code. Thereafter, such program shall have the force and effect of law. (b) The Environmental Protection Program shall be in the form of rules and regulations designed to prevent improper development of land and harmful environment changes and in accordance with the declaration of policy as stated in section 531 of this chapter. This program shall include comprehensive erosion and sediment control measures applicable to both public and private developments including the construction and maintenance of streets and roads. History: Added Mar. 25, 1971, No. 2967, § 1, Sess. L. 1971, p. 81.

Before any real property is cleared, graded, filled or otherwise disturbed for any purpose or use including, but not limited to, the erection of any building or structure, the quarrying of stone or the construction of roads and streets by any: (1) person or other legal entity; or (2) department, agency, board, authority or other instrumentality of the Government of the Virgin Islands or the United States Government; an Earth Change Plan shall be approved by the Department of Planning and Natural Resources as conforming to the Environmental Protection Program adopted pursuant to this chapter. History: Added Mar. 25, 1971, No. 2967, § 1, Sess. L. 1971, p. 81; amended June 24, 1987, No. 5265, § 303(n), Sess. L. 1987, p. 42.

(a) Upon approval of an Earth Change Plan and certification by the applicant that all earth changes shall be in accordance with such Plan, the Department of Planning and Natural Resources shall issue an Earth Change Permit to the applicant. (b) Notwithstanding any law to the contrary, the Department of Planning and Natural Resources shall not issue any building or other permit until the applicant for such permit has presented to the Department an approved Earth Change Permit obtained in accordance with this chapter. History: Added Mar. 25, 1971, No. 2967, § 1, Sess. L. 1971, p. 81; amended May 14, 1985, No. 5060, § 304, Sess. L. 1985, p. 46; June 24, 1987, No. 5265, § 303(n), Sess. L. 1987, p. 42.

The provisions of this chapter shall not apply to common household gardening, truck farming and the cultivation of property for agricultural purposes under approved soil and water conservation practices. History: Added Mar. 25, 1971, No. 2967, § 1, Sess. L. 1971, p. 82; amended June 24, 1987, No. 5265, § 303(n), Sess. L. 1987, p. 42.

(a) The Commissioner of Planning and Natural Resources shall enforce the provisions of this chapter. The Commissioner or his authorized representatives may, for the purpose of performing their official duties under this chapter, enter upon and inspect any parcel of property or premises at all reasonable hours. (b) Any person who fails to secure an Earth Change Permit under section 534 of this title, fails to pay the Earth Change Permit fee, or violates any provision of an Earth Change Permit shall be subject to a civil penalty of $200 per day per violation. (c) Civil penalties charged pursuant to subsection (b) of this section may be assessed administratively by the Commissioner of Planning and Natural Resources if the person charged has been given an opportunity to have a hearing, and findings of fact and conclusions of law are made before the civil penalties are imposed. (d) Upon the start of activity for which an Earth Change Permit has been issued, the owner of the property or his authorized agent shall so notify the Commissioner so that he may schedule the inspection that may be deemed necessary for the effective enforcement of the provisions of this chapter. (e) The Commissioner shall maintain accurate records of inspections made, notices issued and actions taken by property owners or authorized agents pursuant to notices resulting from inspection. History: Added Mar. 25, 1971, No. 2967, § 1, Sess. L. 1971, p. 82; amended June 24, 1987, No. 5265, § 303(n), Sess. L. 1987, p. 42; Oct. 31, 1998, No. 6269, § 7(c), Sess. L. 1998, p. 447.

Decisions of the Commissioner of Planning and Natural Resources under the provisions of this chapter shall be subject to appeal to the Board of Land Use Appeals, provided such appeal is filed within thirty days of the receipt of any such decision. History: Added Mar. 25, 1971, No. 2967, § 1, Sess. L. 1971, p. 82; amended June 24, 1987, No. 5265, § 303(n), Sess. L. 1987, p. 42.

(a) Any violation of this chapter shall be deemed a misdemeanor, and the person, partnership, or corporation who is found guilty of such violation shall be subject to a fine not exceeding $5,000 or one year's imprisonment for each and every violation. (b) The Attorney General shall prosecute all actions required for the enforcement of the provisions of this chapter. (c) The Attorney General, in addition to other remedies, may institute any appropriate action or proceedings to prevent any violation of this chapter or to restrain, correct or abate such violation or to prevent the occupancy of developments involving land cleared, graded or otherwise disturbed in violation of this chapter. History: Added Mar. 25, 1971, No. 2967, § 1, Sess. L. 1971, p. 83.

of 1978 Notwithstanding any provision in this chapter to the contrary, any person wishing to perform or undertake any development in the first tier of the coastal zone, as defined in Title 12, chapter 21 of this Code, shall obtain a coastal zone permit pursuant to Title 12, chapter 21 of this Code, prior to commencing or undertaking such development. Issuance of a coastal zone permit for said development shall constitute compliance with this chapter, and in such event no permit shall be required for said development pursuant to this chapter. History: Added Oct. 31, 1978, No. 4248, § 5, Sess. L. 1978, p. 313.

(a) "Bona fide prospective purchaser" means a person who acquires ownership after January 1, 2002, or proposes to acquire ownership of, real property after the release of hazardous substances occurred. (b) "Brownsfield" means real property; the expansion, redevelopment, or reuse of which may be complicated by the presence or potential presence of a hazardous substance, pollutant, or contaminant. (c) "Commissioner" means the Commissioner of the Virgin Islands Department of Planning and Natural Resources or the Commissioner's designee. (d) "Cost" as applied to any project financed under the provisions of this chapter, means the reasonable and necessary costs incurred for carrying out all works and undertakings necessary or incident to the accomplishment of any project, including all necessary developmental, planning and feasibility studies, surveys, plans and specifications; architectural, engineering, financial, legal or other special services; site assessments, remediation, containment, and demolition or removal of existing structures; the costs of acquisition of land and any buildings and improvements thereon, including the discharge of any obligation of the seller of such land, buildings or improvements; labor; materials, machinery and equipment; the funding of accounts and reserves that the Authority may require; the reasonable costs of financing incurred by the local government in the course of the development of the project; carrying charges incurred prior to completion of the project, and the cost of other items that the Commissioner determines to be reasonable and necessary. (e) "Department" means the Department of Planning and Natural Resources. (f) "Institutional Controls" means a legal or institutional measure that subjects the property owner to limit activities at or access to a particular property in order to ensure protection of human health and the environment, and to expedite property reuse. (g) "Innocent landowner" means a person who holds any title, security interest or any other interest in a Brownsfield site and who acquired ownership of the real property after the release of hazardous substances occurred. (h) "No further action letter" means a written determination by the Department that based upon an evaluation of the historical use of a particular site, or of an area of concern or areas of concern at that site, as applicable, and any other investigation or action the department determines necessary, there are no discharged contaminants present at the site, at the area of concern or areas of concern, at any other site to which a discharge originating at the site has migrated, or that any discharged contaminants present at the site or that have migrated from the site have been remediated in accordance with applicable remediation regulations. (i) "Participant" means an individual, corporation, partnership, association, governmental body, public service authority, or any other legal entity that has applied to and has been accepted into the Brownsfield Voluntary Cleanup Program. (j) "Person" means an individual, corporation, partnership, association, governmental body, public service authority, or any other legal entity. (k) "Project" means any part of the following activities necessary or desirable for the restoration and redevelopment of a Brownsfield site: environmental or cultural resource site assessments, monitoring, remediation, cleanup, or containment of property to remove hazardous substances, hazardous wastes, solid wastes or petroleum, the lawful and necessary removal of human remains, the appropriate treatment of grave sites, and the appropriate and necessary treatment of significant archaeological resources, or the stabilization or restoration of structures listed on or eligible for the Virgin Islands Historic Landmarks Register, demolition and removal of existing structures, or other site work necessary to make a site or certain real property usable for economic development, and development of a remediation and reuse plan. (l) "Preliminary assessment" means the first phase in the process of identifying areas of concern and determining whether contaminants are or were present at a site or have migrated or are migrating from a site, including the initial search for and evaluation of, existing site specific operational and environmental information, both current and historic, to determine if further investigation concerning the documented, alleged, suspected or latent discharge of any contaminant is required. An evaluation of historic information shall be conducted from 1945 to the present, and any search for an evaluation of additional information the Department may require relating to ownership and use of the site prior to 1945 if such information is available through diligent inquiry of the public records. (m) "Remedial action" means those actions taken at a site or offsite if a contaminant has migrated or is migrating there from, as may be required by the department, including the removal, treatment, containment, transportation, securing, or other engineering or treatment measures, whether to an unrestricted use or otherwise, designed to ensure that any discharged contaminant at the site or that has migrated or is migrating from the site, is remediated in compliance with the applicable health risk or environmental standards. (n) "Remedial investigation" means a process to determine the nature and extent of a discharge of a contaminant at a site or a discharge of a contaminant that has migrated or is migrating from the site and the problems presented by a discharge, and may include data collected, site characterization, sampling, monitoring, and the gathering of any other sufficient and relevant information necessary to determine the necessity for remedial action and to support the evaluation of remedial actions if necessary. (o) "Remediation" or "remediate" means all necessary actions to investigate and clean up or respond to any known, suspected, or threatened discharge, including, as necessary, the preliminary assessment, site investigation, remedial investigation, and remedial action, but does not include the payment of compensation for damage to, or loss of, natural resources. (p) "Site investigation" means the collection and evaluation of data conducted pursuant to rules and regulations promulgated under this chapter, adequate to determine whether or not discharged contaminants exist at a site or have migrated or are migrating from the site at levels in excess of the applicable remediation standards. (q) "Redevelopment agreement" means an agreement between the Government of the Virgin Islands and a developer under which the developer agrees to perform any work or undertaking necessary for the remediation of the contaminated site located at the site of the redevelopment project, and for the clearance, development or redevelopment, construction or rehabilitation of any structure or improvement of commercial, industrial or public structures or improvements within an area of real property whereon a contaminated site is located pursuant to section. [sic] (r) "Remediation" or "remediate" means all necessary actions to investigate and or respond to any known, suspected, or threatened discharge of contaminants, including, as necessary, the preliminary assessment, site investigation, remedial investigation, and remedial action, as those terms are defined in section. [sic] (s) "Remediation costs" means all reasonable costs associated with the remediation of a contaminated site; but does not include any costs incurred in financing the remediation. (t) "Territory" means the Government of the Virgin Islands. (u) "Voluntary Clean Up Program Sites" means the Program established under this chapter. (v) "Solid and Hazardous Waste Management Act" means the provisions codified at 19 V.I.C., § 155. (w) "Virgin Islands Water Pollution Control Act" means the provisions codified at 12 V.I.C. § 181 et seq. (x) "Underground Storage Tank Act" means the provisions codified at 12 V.I.C. § 651 et seq. (y) "Virgin Islands Air Pollution Control Act" means the provisions codified at 12 V.I.C. § 201 et seq. (z) "Resource Conservation and Recovery Act" means the provisions codified at 42 U.S.C. §6901 et seq. History: Added Sept. 17, 2008, No. 7014, § 2, Sess. L. 2008, pp. 221-224; amended June 24, 2009, No. 7067, § 2, Sess. L. 2009, p. 40.

The Department, the Economic Development Authority and other appropriate agencies shall establish policies and programs to implement the public policy of the Territory to eliminate public health and environmental hazards on existing commercial and industrial real property in the Virgin Islands for use and reuse as sources of employment, housing, recreation and open-space areas. History: Added Sept. 17, 2008, No. 7014, § 2, Sess. L. 2008, p. 225.

(a) Any person who owns real property that has been contaminated with hazardous substances or petroleum products may submit an application for the approval of a voluntary clean-up plan to the Department under this section. A voluntary clean-up plan must include: (1) An environmental assessment of the real property which describes the contamination, if any, on the property and the risk the contamination currently poses to public health and the environment; (2) A proposal, if needed, to remediate any contamination or condition which has or could lead to a release which poses an unacceptable risk to human health or the environment, considering the present and any differing proposed future use of the property and a timetable for implementing the proposal and for monitoring the site after the proposed measures are completed; and (3) A description of applicable promulgated territorial standards establishing acceptable concentrations of constituents in soils, surface water, or groundwater and, for constituents present at the site for which such territorial standards do not exist, a description of proposed clean-up levels and any current risk to human health or the environment based upon the current or proposed use of the site. (b) The Department shall promulgate rules and regulations to allow persons, who own, operate, have a security interest in or enter into a contract for the purchase of contaminated property to clean up releases of hazardous substances, hazardous wastes, solid wastes, or petroleum voluntarily. The regulations apply only if remediation has not been mandated by the United States Environmental Protection Agency, the Department or a court pursuant to the Comprehensive Environmental Response, Compensation and Liability Act 42 U.S.C. §9601 et seq.; the Resource Conservation and Recovery Act 42 U.S.C. §6901 et seq.; the Virgin Islands Solid and Hazardous Waste Management Act, the Virgin Islands Water Pollution Control Act, the Oil Pollution Prevention and Control Act, the Air Pollution Control Act or other applicable statutory or common law or where jurisdiction of those statutes has been waived. (c) The rules and regulations under subsection (b) must provide for the following: (1) The establishment of methodologies to determine site-specific risk-based remediation standards that are no more stringent than applicable or appropriate relevant federal standards for soil, groundwater and sediments, taking into consideration scientific information regarding the following: (A) protection of public health and the environment; (B) the future industrial, commercial, residential, or other use of the property to be remediated and of surrounding properties; (C) reasonably available and effective remediation technology and analytical quantization technology; (D) the availability of institutional or engineering controls that are protective of human health or the environment; (E) natural background levels for hazardous constituents; (F) the establishment of procedures that minimize the delay and expense of the remediation to be followed by a person volunteering to remediate a release and by the Virgin Islands in processing submissions and overseeing remediation; (G) the issuance of certificates of satisfactory completion of remediation, based on then-present conditions and available information, where voluntary cleanup achieves applicable cleanup standards or where the Commissioner determines that no further action is required; (H) procedures to waive or expedite issuance of any permits required to initiate and complete a voluntary cleanup consistent with applicable federal law; and (I) registration fees to be collected from persons conducting voluntary remediation to defray the actual reasonable costs of the voluntary remediation program expended at the site not to exceed the lesser of $5,000 or one percent of the actual costs of remediation; however, no registration fee is required when the person conducting voluntary remediation is an agency, department or authority of the Virgin Islands government. (i) If a program participant unilaterally terminates participation, all fees are forfeited and that termination by the program results in a prorated refund to the program participants. (ii) The Commissioner may waive fees for entities such as nonprofit organizations. (d) A person conducting voluntary remediation pursuant to an agreement with the Government of the Virgin Islands entered into before the promulgation of regulations may elect to complete the cleanup in accordance with such an agreement, or the regulations. (e) Time schedules for completion of voluntary remediation pursuant to an agreement with the Government of the Virgin Islands must be negotiated and included in the voluntary remediation agreement. (f) Certification of satisfactory completion of remediation constitutes immunity to an enforcement action under the Virgin Islands Solid and Hazardous Waste Management Act the Water Pollution Control Act, Chapter 13 of this title, or any other applicable law. (g) At the request of a person who owns, operates, holds a security interest in or contracts for the purchase of property from which the contamination to be voluntarily cleaned up originates, the Government of the Virgin Islands may seek temporary access to private and public property not owned by the person conducting the voluntary remediation as may be reasonably necessary for the person to conduct the voluntary remediation. (1) The request must include a demonstration that the person requesting access has used reasonable efforts to obtain access by agreement with the property owner. (2) The access, if granted, must be granted for only the minimum amount of time necessary to complete the remediation and must be exercised in a manner that minimizes the disruption of ongoing activities and compensates for actual damages. (3) The person requesting access shall reimburse the Territory for actual and necessary expenses incurred in seeking or obtaining access. (4) Denial of access to the Territory by a property owner creates a rebuttable presumption that such owner waives all rights, claims and causes of action against the person volunteering to perform remediation for costs, losses or damages related to the contamination as to claims for costs, losses or damages arising after the date of such access to the Territory. (5) A property owner who has denied access to the Territory may rebut the presumption by showing that he had good cause for the denial or that the person requesting that the Territory obtain access acted in bad faith. (h) The Commissioner may, consistent with programs developed under the federal acts, provide incentives for the voluntary disclosure of Brownsfield sites and related information regarding potential or known contamination at that site. To the extent consistent with federal law, any person making a voluntary disclosure regarding real or potential contamination at a Brownsfield site may not be assessed an administrative or civil penalty under the Virgin Islands Solid and Hazardous Waste Management Act; the Virgin Islands Water Pollution Control Act, the Virgin Islands Air Pollution Control Act, or any other applicable law. A disclosure is voluntary if it is not otherwise required by law, regulation, permit or administrative order, and the person making the disclosure adopts a plan to market for redevelopment or otherwise ensure the timely remediation of the site, immunity may not be granted, if it is found that the person making the voluntary disclosure has acted in bad faith. History: Added Sept. 17, 2008, No. 7014, § 2, Sess. L. 2008, pp. 225-228.

(a) Once the Department has designated a site as Brownsfield, the Department shall issue institutional controls limiting the uses of the site. These controls must be recorded with the Office of the Lieutenant Governor, Recorder of Deeds as a deed notice, and shall run with the land. (b) The Department may impose, approve or be a holder of Environmental Covenants pursuant to 28 V.I.C., chapter 18. History: Added Sept. 17, 2008, No. 7014, § 2, Sess. L. 2008, pp. 228, 229.

(a) The Commissioner may, consistent with programs developed under the federal acts, make a determination to limit the liability of lenders, innocent purchasers or landowners, de minimis contributors or others who have grounds to claim limited responsibility for a containment or cleanup that may be required pursuant to the Solid and Hazardous Waste Management Act, the Virgin Islands Water Pollution Control Act, the Virgin Islands Air Pollution Control Act, the Underground Storage Tank Act or any other applicable law. (b) (1) A bona fide prospective purchaser may not be held liable for a containment or cleanup that may be required at a Brownsfield site pursuant to the Solid andSolid and Hazardous Waste Management Actgin IsVirgin Islands Water Pollution Control Act Virgin IsVirgin Islands Air Pollution Control ActUnderground Storage tank Act, if: (A) The person did not cause, contribute, or consent to the release or threatened release; (B) The person is not liable or potentially liable through any direct or indirect familial relationship or any contractual, corporate, or financial relationship or is not the result of a reorganization of a business entity that was potentially liable; (C) The person exercises appropriate care with respect to hazardous substances found at the facility by taking reasonable steps to stop any continuing release, prevent any threatened future release, and prevent or limit human, environmental, or natural resource exposure to any previously released hazardous substances; and (D) The person does not impede the performance of any response action. (2) This subsection does not apply to sites subject to the Resource Conservation and Recovery Act. (c) (1) An innocent landowner who holds title, security interest or any other interest in a Brownsfield site may not be held liable for a containment or cleanup that may be required at a Brownsfield site pursuant to the Solid andSolid and Hazardous Waste Management Actgin IsVirgin Islands Water Pollution Control Actgin Virgin Islands Air Pollution Control ActUndergrouUnderground Storage Tank Act (A) The person did not cause, contribute, or consent to the release or threatened release; (B) The person is not liable or potentially liable through any direct or indirect familial relationship or any contractual, corporate, or financial relationship or is not the result of a reorganization of a business entity that was potentially liable; (C) The person made all appropriate inquiries into the previous uses of the facility in accordance with generally accepted good commercial and customary standards and practices, including those established by federal law; and (D) The person exercises appropriate care with respect to hazardous substances found at the facility by taking reasonable steps to stop any continuing release, prevent any threatened future release, and prevent or limit human, environmental, or natural resource exposure to any previously released hazardous substances, and the person does not impede the performance of any response action and if either. (i) at the time the person acquired the interest, the person did not know and had no reason to know that any hazardous substances had been or were likely to have been disposed of on, in, or at the site, or (ii) the person is a government entity that acquired the site by escheat or through other involuntary transfer or acquisition. (2) This subsection does not apply to sites subject to the Resource Conservation and Recovery Act. (d) A person that owns real property that is contiguous to or otherwise similarly situated with respect to, and that is, or may be contaminated by a release or threatened release of a hazardous substance from real property that is not owned by that person, is not liable for a containment or cleanup that may be required pursuant to the Solid and Hazardous Waste Management Act, the Virgin Islands Water Pollution Control Act, the Virgin Islands Air Pollution Control Act or the Underground Storage Tank Act, if the person did not cause, contribute, or consent to the release or threatened release, the person is not liable or potentially liable through any direct or indirect familial relationship or any contractual, corporate, or financial relationship or is not the result of a reorganization of a business entity that was potentially liable, and if such person provides full cooperation, assistance and access to persons that are authorized to conduct response actions at the facility from which there has been a release. (e) The provisions of this section does not otherwise limit the authority of the Territory or the Department to require any person responsible for the contamination or pollution to contain or cleanup sites where solid or hazardous waste or other substances have been improperly managed. History: Added Sept. 17, 2008, No. 7014, § 2, Sess. L. 2008, pp. 229-231.

Jurisdiction of the Comprehensive Environmental Response, Compensation and Liability Act (a) Any person not otherwise liable under Virgin Islands law or regulations, who acquires any title, security interest, or any other interest in real property located in the Virgin Islands listed on the National Priorities List under the jurisdiction of the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C., §9601 et seq., after the property has been remediated to the satisfaction of the Administrator of the United States Environmental Protection Agency, is not subject to civil enforcement or remediation action under this chapter, the Virgin Islands Water Pollution Control Act, the Virgin Islands Air Pollution Control Act, the Solid and Hazardous Waste Management Act, the Underground Storage Tank Act or any other applicable Virgin Islands law, or to private civil suit, related to contamination that was the subject of the satisfactory remediation, existing at or immediately contiguous to the property prior to the person acquiring title, security interest, or any other interest in such property. (b) Any person who acquires any title, security interest, or other interest in property from a person described in subsection (a) is not subject to enforcement or remediation actions or private civil suits to the same extent as the person provided in subsection (a). (c) A person who holds title, a security interest, or any other interest in propertys [sic] prior to the property's being acquired by a person described in subsection (a) is not relieved of any liability or responsibility by reacquiring title, a security interest, or any other interest in the property. (d) This chapter may not be construed to limit the statutory or regulatory authority of any government agency or to limit the liability or responsibility of any person when the activities of that person alter the remediation referred to in subsection (a). This section does not modify the liability, if any, of a person who holds title, a security interest, or any other interest in property prior to satisfactory remediation or the liability of a person who acquires the property after satisfactory remediation for damage caused by contaminants not included in the remediation. History: Added Sept. 17, 2008, No. 7014, § 2, Sess. L. 2008, pp. 231, 232.

(a) Any department or agency of the Government of the Virgin Islands may apply to the appropriate court for access to an abandoned Brownsfield site in order to investigate contamination, to abate any hazard caused by the improper management of substances within the jurisdiction of the Department, or to remediate the site. The petition must include a demonstration that all reasonable efforts have been made to locate the owner, operator or other responsible party and a plan approved by the Commissioner and which is consistent with applicable state and federal laws and regulations. The approval or disapproval of a plan may not be considered a case decision as defined by the Rules of the Superior Court of the Virgin Islands. (b) Any person, department, or agency of the Government of the Virgin Islands not otherwise liable under federal or territorial law or regulation who performs any investigative, abatement or remediation activities pursuant to this section does not become subject to civil enforcement or remediation action under Chapter 14 of this title or other applicable Virgin Islands laws or to private civil suits related to contamination not caused by its investigative, abatement or remediation activities. (c) This section does not in any way limit the authority of the Department of Planning and Natural Resources, Commissioner, or Government of the Virgin Islands otherwise created by law. History: Added Sept. 17, 2008, No. 7014, § 2, Sess. L. 2008, p. 232.

This chapter shall be known and may be cited as the Uniform Conservation Easement Act. History: Added July 19, 2006, No. 6841, § 1, Sess. L. 2006, p. 99.

(a) This chapter applies to any interest created after its effective date which complies with this chapter, whether designated as a conservation easement or as a covenant, equitable servitude, restriction, easement or otherwise. (b) This chapter applies to any interest created before its effective date, if it would have been enforceable had it been created after its effective date unless retroactive application contravenes the constitution or laws of this State or the United States. (c) This chapter does not invalidate any interest, whether designated as a conservation or preservation easement or as a covenant, equitable servitude, restriction, easement, or otherwise, that is enforceable under other law of this territory. History: Added July 19, 2006, No. 6841, § 1, Sess. L. 2006, pp. 99, 100.

As used in this chapter, unless the context otherwise requires: (a) "Conservation easement" means a nonpossessory interest of a holder in real property imposing limitations or affirmative obligations the purposes of which include retaining or protecting natural, scenic, or open-space values of real property, assuring its availability for agricultural, forest, recreational, or open- space use, protecting natural resources, maintaining or enhancing air or water quality, or preserving the historical, architectural, archaeological, or cultural aspects of real property. (b) "Holder" means a governmental body empowered to hold an interest in real properly under the laws of this territory or the United States; or (1) a charitable corporation, charitable association, or charitable trust, the purposes or powers of which include retaining or protecting the natural, scenic, or open-space values of real property, assuring the availability of real property for agricultural, forest, recreational, or open-space use, protecting natural resources, maintaining or enhancing air or water quality, or preserving the historical, architectural, archaeological, or cultural aspects of real property. (c) "Third-party right of enforcement" means a right provided in a conservation easement to enforce any of its terms granted to a governmental body, charitable corporation, charitable association, or charitable trust, which, although eligible to be a holder, is not a holder. History: Added July 19, 2006, No. 6841, § 1, Sess. L. 2006, p. 100.

(a) Except as otherwise provided in this chapter, a conservation easement may be created, conveyed, recorded, assigned, released, modified, terminated, or otherwise altered or affected in the same manner as other easements. (b) No right or duty in favor of or against a holder and no right in favor of a person having a third-party right of enforcement arises under a conservation easement before its acceptance by the holder and a recordation of the acceptance. (c) Except as provided in section 605(b), a conservation easement is unlimited in duration unless, the instrument creating it otherwise provides. (d) An interest in real property in existence at the time a conservation easement is created is not impaired, by it unless the owner of the interest is a party to the conservation easement or consents to it. History: Added July 19, 2006, No. 6841, § 1, Sess. L. 2006, pp. 100, 101.

(a) An action affecting a conservation easement may be brought by: (1) an owner of an interest in the real property burdened by the easement; (2) a holder of the easement; (3) a person having a third-party right of enforcement; or (4) a person authorized by other law. (b) This chapter does not affect the power of a court to modify or terminate a conservation easement in accordance with the principles of law and equity. History: Added July 19, 2006, No. 6841, § 1, Sess. L. 2006, p. 101.

A conservation easement is valid even though: (a) it is not appurtenant to an interest in real property; (b) it can be or has been assigned to another holder; (c) it is not of a character that has been recognized traditionally at common law; (d) it imposes a negative burden; (e) it imposes affirmative obligations upon the owner of an interest in the burdened property or upon the holder; (f) the benefit does not touch or concern real property; or (g) there is no privity of estate or of contract. History: Added July 19, 2006, No. 6841, § 1, Sess. L. 2006, pp. 101, 102.

The Uniform Conservation Easement Act enacted under this chapter shall be applied and construed to effectuate its general purpose to make uniform the laws with respect to the subject of the Act among states enacting it. History: Added July 19, 2006, No. 6841, § 1, Sess. L. 2006, p. 102.

This chapter may be cited as the Virgin Islands Underground Storage Tank Act. History: Added May 19, 2000, No. 6350, § 1, Sess. L. 2000, p. 30.

The ground and surface waters of the United States Virgin Islands are a significant and essential portion of the natural resources of the territory protected by various chapters of this title. The failure of underground systems for the storage and handling of petroleum liquids, related sludge and other chemicals may result in the significant contamination of these resources, as well as hazards to human health and the environment. It is the purpose of this chapter to regulate in the public interest underground storage tanks within the territory so as to prevent ground and surface water contamination, as well as soil or subsoil contamination from the failure of underground storage tank systems. History: Added May 19, 2000, No. 6350, § 1, Sess. L. 2000, p. 30.

As used in this chapter: (a) The term, "abandoned underground storage tank" means an underground storage that: (1) is not intended to be returned to service; (2) has been out of service for more than one year; (3) has been rendered permanently unfit for use; or (4) has not been subjected to tank closure consistent with the provisions of this chapter. (b) The term, "above-ground release" includes any release to the surface of the land or to surface water, releases from the above-ground portion of an underground storage tank system and about ground releases associated with overfills and transfer operations as the regulated substance moves to or from an Underground Storage Tank system. (c) The term, "Act" means Virgin Islands Underground Storage Tank Act. (d) The term, "ancillary equipment" means any devices including, piping, fittings, flanges, valves, and pumps used to distribute, meter, or control the flow of regulated substances to and from as underground storage tank. (e) The term, "below-ground release" means any release to the subsurface of the land and to ground water. This includes, but is not limited below-ground portions of an Underground Storage Tank system and below ground releases associated with overfills and transfer operations as the regulated substance moves to or from an UST system. (f) The term, "cathodic protection" means a technique to prevent corrosion of a metal surface by making that surface the cathode of an electrochemical cell. (g) The term, "certification" means the recognition by the Department that a person is competent and thus authorized to perform or supervise the performance of any task consistent with the provisions of this chapter and his certificate classification. (h) The term, "Commissioner" means the Commissioner of the Department of Planning and Natural Resources or the Commissioner's designee. (i) The term, "corrective action" means those actions necessary to protect human health and the environment in the event of a release from an UST System. Corrective action includes those activities required for response to and cleanup of regulated substances from underground storage tanks, including, initial response, initial abatement measures and site check, initial site characterization, free product removal, investigations and remedial actions to clean up soil, subsoil, surface water and ground water and preparation and implementation of a corrective action plan which shall include actions necessary to monitor, assess and evaluate the effectiveness of remedial action after a release has occurred. (j) The term, "Department" means the Virgin Islands Department of Planning and Natural Resources. (k) The term, "excavation zone" means the volume containing the tank system and back-fill material bounded by the ground surface, walls and floor of the pit and trenches into which the UST system is placed at the time of installation. (l) The term, "existing underground storage tank system" means a tank system used to contain an accumulation of regulated substances or for which installation has commenced on or before December 22, 1988. Commencement of Installation means: (1) The owner or operator has obtained all federal and territory local approvals or permit necessary to begin physical construction of the site or installation of the tank system and if: (2) Either a continuous on-site physical construction has begun; or (3) The owner or operator has entered into contractual obligations, that cannot be canceled or modified without substantial loss, for physical construction at the site or installation of the tank system to be completed within a reasonable time. (m) The term, "free product" means a regulated substance that is present as a non-aqueous liquid, e.g. liquid not dissolved in water. (n) The term, "hazardous substance UST system" means an underground storage tank system that contains a hazardous substance defined in section 101(14) of the federal Comprehensive Environmental Response, Compensation and Liability Act of 1980, but does not mean a substance regulated as a hazardous waste under subtitle C of the Resource Conservation and Recovery Act, or a mixture of such a substance and petroleum, and which is not a petroleum system. (o) The term, "maintenance" means the normal operational upkeep to prevent an underground storage tank from releasing product. (p) The term, "motor fuel" means petroleum or a petroleum-based substance that is motor gasoline, aviation gasoline, No. 1 or No. 2 diesel fuel, or any grade of gasohol, and is typically used in the operation of a motor engine. (q) The term, "monitoring system" means a system capable of detecting leaks or discharges, or both leaks and discharges, other than an inventory control system, used in conjunction with an UST system and tightness testing. (r) The term, "new tank system" means a tank system that will be used to contain an accumulation of regulated substances and for which installation has commenced after December 22, 1988. See, "existing tank system in subsection (k) of this section. (s) The term, "non-operational underground storage tank" means any underground storage tank, which contains no, regulated substances or from which no regulated substances are dispensed. (t) The term, "operational underground storage tank" means any underground storage tank that contains regulated substances, are dispensed. (u) The term, "operator" means any person in control of, or having responsibility for the daily operation of the UST system. (v) The term, "overfill release" means a release that occurs when a tank is filled beyond its capacity, resulting in a discharge of the regulated substance to the environment. (w) The term, "owner" means: (1) in the case of an UST system in use on November 8, 1984, or brought into use or capable of being used after that date, any person who owns an UST system used for storage, use, or dispensing of regulated substances; and (2) in the case of any UST system in use before November 8, 1984, but no longer in use or capable of being used on that date, any person who owned such UST system immediately before the discontinuance of its use. The term "owner" does not include any person who, without participating in the management of an underground storage tank and otherwise not engaged in petroleum production, refining, and marketing, holds indicia of ownership primarily to protect that person's security interest in the underground storage tank. (x) The term, "person" means an individual, corporation, partnership, association, firm, consortium, joint venture, joint stock company, trust or the Government of the Virgin Islands or any department, agency, board, commission, authority, instrumentality or political subdivision of the Territory, or of any state or of the federal government or any interstate body or any other legal or commercial entity. (y) The term, "petroleum" and "petroleum products" includes crude oil, or any fraction thereof which is liquefied at standard conditions of temperature and pressure, which means at sixty (60) degrees Fahrenheit and 14.7 pounds per square inch absolute. The term includes motor fuels, jet fuels, distillate fuel oils, residual fuel oils, lubricants, petroleum solvents, and used oils. (z) The term, "petroleum UST" system means an underground storage tank system that contains petroleum or a mixture of petroleum with de minimis quantities of other regulated substances. Such systems include those containing motor fuels, jet fuels, distillate fuel oils, residual fuel oils, lubricants, petroleum solvents and used oils. (aa) The term pipe or piping means a hollow cylinder or tabular conduit that is constructed of non-earthen materials. (bb) The term, "regulated substance" means: (1) any substance defined in section 101(14) of the Comprehensive EnviComprehensive Environmental Response, Compensation and Liability Act of 1980lude any substance regulated as a hazardous waste under subtitle C of the Resource Conservation and Recovery Act; (2) petroleum, including crude oil or any fraction thereof that is liquid at standard conditions of temperature and pressure 60 degrees Fahrenheit and 14.7 pounds per square inch absolute; and (3) any other substance designated by regulation promulgated by the Commissioner. The term "regulated substance" includes but is not limited to petroleum and petroleum-based substances comprised of a complex blend of hydrocarbons derived from crude oil through processes of separation, conversion, upgrading, finishing, such as motor fuels, jet fuels, distillate fuel oils, residual fuel oils, lubricants, petroleum solvents and used oils. (cc) The term, "release" means any spilling, leaking, emitting, discharging, escaping, leaching, or disposing from as UST into groundwater, surface water, soils or sub soils. (dd) The term, "release detection" means determining whether a release of a regulated substance has occurred from the UST system into the environment or into the interstitial space between the UST system and its secondary barrier or secondary containment around it. (ee) The term, "repair" means to restore a tank or UST system component that has caused a release of product from an UST system. (ff) The term, "tank" means a stationery device designed to contain an accumulation of regulated substances and constructed of non-earthen materials, such as concrete, steel, fiberglass, plastic, that provide structural support. (gg) The term, "tank" means a stationary device constructed of non-earthen materials, such as steel, plastic, or other such materials, and designed to contain an accumulation of regulated substances. (hh) The term, "tank integrity test" means a test or a series of tests or other appropriate procedures prescribed by the Department to ascertain the conditions of an UST system. (ii) The term, "territory" means the United States Virgin Islands and St. Croix, St. Thomas, St. John, and Water Island, and all associated islands and cays within the United States Virgin Islands waters as defined in section 2(a) of the Revised Organic Act of the Virgin Islands. (jj) The term, "third party liability" means: (1) in reference to bodily injury; specific physical bodily injury approximately resulting from exposure, explosion, or fire caused by the presence of a release from a regulated UST system and which is incurred by a person other than the owner or operator, employees or agents of the landlord of an owner or operator; and (2) in reference to property damage; actual physical damage or damage due to specific loss of normal use of property owned by a person other than either the owner or operator of an underground storage tank from which a release has occurred or the landlord of an owner or operator of the underground storage tank from which a release has occurred. (kk) The term, "underground storage tank" means any one or combination of tanks, including underground pipes connected thereto, which is used to contain an accumulation of regulated substances and the volume of which (including the volume of the underground pipes connected thereto) is 10 percent or more beneath the surface of the ground. This term does not include any: (1) farm or residential tanks of five hundred (500) gallons or less capacity used for storing motor fuel for noncommercial purposes; (2) heating oil tanks used for consumptive use on the premises where the heating oil is stored; (3) septic tanks; (4) pipeline facilities, including gathering lines, regulated under the Natural Gas and Pipeline Safety Act of 1968, Natural Gas and Pipeline Safety Act of 1968which is aHazardous Pipeline Act of 1979 regulated under comparable state laws; (5) surface impoundments, pits, ponds, or lagoons; (6) storm-water or wastewater collection systems; (7) flow-through process tanks; (8) liquid traps or associated gathering lines directly related to oil or gas production and gathering operations; (9) a storage tank situated in an underground area, such as a basement, cellar, mine working, drift, shaft, or tunnel, if the storage tank is situated upon or above the surface of the floor. The term underground storage tank" or "UST" does not include any pipes connected to any tank, which is described in paragraphs (1) through (8) of this definition. (ll) The term, "underground area" means an underground room, such as a basement, cellar, shaft, or vault, providing enough space for physical inspection of the exterior of the tank situated on or above the surface of the floor. (mm) The acronym, "UST" means "underground storage tank" (nn) The term, "UST system" or "tank system" means an underground storage tank, connected underground piping, underground ancillary equipment and contamination system, if any. (oo) The term, "upgrade" means the addition or retrofit of some systems such as cathodic protection, lining or spill and overfill controls to improve the ability of an underground storage tank system to prevent the release of product. (pp) The term, "wastewater treatment tank" means a tank that is designed to receive and treat an influent wastewater through physical, chemical or biological methods. History: Added May 19, 2000, No. 6350, § 1, Sess. L. 2000, p. 30.

The Department shall have the following powers and duties: (a) To exercise general supervision of the administration and enforcement of this chapter and all rules and regulations and orders promulgated or issued thereunder, and to perform any and all acts necessary to carry out the purposes and requirements of this chapter and Subtitle I of the Resource Conservation and Recovery Act, RCRA, as amended; (b) To adopt, modify, repeal, and promulgate, after public comment or hearing upon due notice, rules and regulations pertaining to the installation, registration, operation, monitoring, cleanup of releases and closure of underground storage tank systems. In promulgating rules and regulations pursuant to the provisions of this chapter the Commissioner may distinguish between types, classes and ages of underground storage tanks; (c) To establish performance standards for new UST systems that are no less stringent that the federal requirements, and such performance standards include, design, construction, installation, release detection, and compatibility standards and other appropriate standards to prevent releases due to structural failure, corrosion, or spills and overfills. (d) To establish standards that are no less stringent than the corresponding federal requirements, for upgrading existing UST systems so as to adequately protect human health and the environment. (e) To establish and implement a system of maintaining financial responsibility for taking corrective action and compensating third parties for bodily injury, property damage, and damage to the environment as a result of a release of a regulated substance from the operation of an UST system. (f) To develop a program to educate and inform the public as to the potential harmful effects of leaking underground storage tanks to surface water, ground water, soil, and subsoil and the need for consumer financial participation to assist in the funding of cleanup efforts as a result of such releases; (g) To order any corrective action necessary to remedy the site of a release of a regulated substance from an UST system, so as to protect human health and the environment and restore surface water, ground water, soil and subsoil to acceptable levels, to be established by regulation consistent with or more stringent than those mandated by the federal government. (h) To establish and collect reasonable fees necessary to carry out the purposes and requirements of this chapter, including fees related to tank registration, certification of persons working with UST systems, issuance of permits and prescribing an Environmental Assurance Fee for funding all necessary corrective action; (i) To advise, consult, cooperate, contract and enter into agreements with agencies of the federal government and with agencies and departments of the Government of the Virgin Islands, interstate agencies, and with other persons as necessary to carry out the provisions of this chapter; (j) To administer the Underground Storage Tank Fund for the purpose of cleanup and restoration of contaminated soil, subsoil, surface water and groundwater caused by releases of regulated substances from UST systems; (k) To accept for deposit into the Virgin Islands Underground Storage Tank Trust Fund monies available through the Federal Leaking Underground Storage Tank Trust Fund to be expended pursuant to federal law, and any fines and fees collected under this chapter; (l) To exercise all incidental powers necessary to carry out the purposes of this chapter. History: Added May 19, 2000, No. 6350, § 1, Sess. L. 2000, p. 30.

(a) Any person that owns or operates an UST system or intends to install an underground storage tank shall register each tank with the Department on forms provided by the Department and consistent with the following provisions: (1) Any person that owns or operates an UST system that commenced use on or before the effective date of this chapter shall register each tank with the Department no later than 60 days following the effective date of this chapter. (2) Any person that intends to install an UST system after the effective date of this chapter shall register each tank with the Department 45 days before the date of installation. (b) Any person that owned or operated an underground storage tank that was removed from the ground on or after May 8, 1986, or any owner or operator of an abandoned or non-operational UST system shall register each tank within 90 days of the effective date of this chapter on forms provided by the Department. (c) The Commissioner, by regulation, shall specify the registration information that must be submitted consistent with the provisions and purposes of this chapter and shall prescribe and provide forms therefore. (d) The Commissioner, by regulation, shall require renewal of underground storage tank registration at such intervals as he considers necessary and proper. (e) The Commissioner, by regulation, may establish and collect reasonable fees in amounts sufficient to cover the cost of initial tank registration, renewal, and late filing fees for failure to register or renew within the time period provided. History: Added May 19, 2000, No. 6350, § 1, Sess. L. 2000, p. 30.

Information (a) Underground storage tank registration issued by the Department is not transferable. (b) The owner or operator of an underground storage tank system shall notify the Department of any change in ownership of either the tank or the property upon which the tank is located within 30 days after the contract date to date of closing on a form provided by the Department and in accordance with the procedures prescribed by regulation. The Department shall issue the new owner or operator a new registration consistent with the changes specified in the completed form. (c) The owner or operator of an underground storage tank shall submit to the Department on a form provided by the Department any modification of any information provided pursuant to registration or renewal process within 30 days after the modification. (d) The modifications referred to in subsection (c) of this section include, the following: (1) installation, removal or disabling of a monitoring system; (2) substantial changes or renewal of connected piping or ancillary equipment; (3) a change in the type of regulated substance stored in the underground storage tank; and (4) change of ownership. History: Added May 19, 2000, No. 6350, § 1, Sess. L. 2000, p. 30.

(a) All UST systems installed after the effective date of this chapter shall be located a distance not less than 100 feet from a water well or other source of groundwater. (b) In areas where the water level is less than six (6) feet from the bottom of excavation for the installation of any UST system, a sheet of impermeable material shall be installed around the perimeter of the excavation. (c) All underground storage tanks installed in areas of occasional high water tables shall be properly secured to prevent the tank from floating. (d) An underground storage tank may not be installed below the water level of the area. History: Added May 19, 2000, No. 6350, § 1, Sess. L. 2000, p. 30.

(a) It is unlawful for an owner or operator to use or operate an underground storage tank system that is installed after the effective date of this chapter without first having obtained a permit issued by the Commissioner. (b) A permit to use or operate an UST system may not be issued unless: (1) the tank, whether of single or double-walled construction, is properly designed and constructed, and any portion underground that routinely contains product is protected from corrosion, in accordance with a code of practice developed by a nationally recognized association or independent testing laboratory, and; (A) will prevent releases due to corrosion, structural failure, or manufacturing defects for the operational life of the tank; (B) is cathodically protected against corrosion, constructed of non-corrosive material, steel clad with a non-corrosive material, or designed in a manner to prevent the release or threatened release of any stored substance; and (C) the material used in the construction or lining of the tank is compatible with the substance to be stored. (2) such piping that routinely contains regulated substances and is in contact with the ground is properly designed, constructed, and protected from corrosion in accordance with a code of practice developed by a nationally recognized association or independent testing laboratory or as may be prescribed by regulation; (3) spill and overfill prevention equipment, as specified by the Department or by regulation, has been properly installed and will prevent the release of product into the environment in the event of such occurrence; (4) An owner and operator has ensured that one of the following methods of certification, testing, or inspection has been used to demonstrate compliance with subsections (b)(1) and (b)(2) of this section: (A) The installer has been certified or licensed by the tank and piping manufacturers; or (B) The installer has been certified or licensed by the Department; or (C) The installation has been inspected and certified by a registered professional engineer with education and experience in UST system installation; or (D) The installation has been inspected and approved by the Department; or (E) All work listed in the manufacture's checklist has been completed; or (F) The owner and operator have complied with another method of ensuring compliance with subsections (b)(1) and (b)(2) of this section that is determined by the Department to be no less protective of human health and the environment. (5) all tanks, connected piping and ancillary equipment have been properly installed in accordance with the provisions of this chapter and inspected and approved by the Department. The requirements specified in this subsection do not affect the necessity to comply with any other applicable provisions of the Virgin Islands Code, or rules and regulations promulgated thereunder, including, the provisions of the Fire Prevention Code set forth in chapter 9 of title 23. History: Added May 19, 2000, No. 6350, § 1, Sess. L. 2000, p. 30.

All existing UST systems must comply with one of the following requirements by December 22, 1998, and may not be operated beyond that date without having been issued a permit by the Commissioner: (1) new UST system performance standards pursuant to the provision of section 657, subsection (b) of this chapter; (2) tank upgrading requirements as specified by regulation, of which continued operation of the UST system shall be subject to the issuance of a permit by the Department; or (3) closure and corrective action requirements as provided by this chapter. History: Added May 19, 2000, No. 6350, § 1, Sess. L. 2000, p. 30.

(a) Permits issued pursuant to this chapter shall be issued for a specified term, as prescribed by regulation, but such a permit may not be issued for more than five years. Upon expiration of a permit, the Commissioner may issue a new permit following a review by the Department in accordance with such rules and regulations as may be prescribed. (b) The Commissioner, by regulation, may establish and collect reasonable fees in amounts sufficient to cover the cost of processing permit applications, renewal of permits and for the processing of late applications for permit renewal. History: Added May 19, 2000, No. 6350, § 1, Sess. L. 2000, p. 30.

All owners and operators of UST systems for the protection of human health and the environment shall comply with all regulations promulgated by this Department which are no less stringent than the corresponding federal requirements to ensure that: (a) releases due to spilling and overfilling do not occur; (b) all steel UST systems with corrosion protection are in compliance with all territorial and federal requirements and operated and maintained to continuously provide protection from corrosion for as long as the UST system is used to store a regulated substance; (c) all UST systems equipped with cathodic protection are inspected for proper operation by a qualified, licensed cathodic protection tester at intervals prescribed by the Department and utilizing inspection criteria in accordance with a code of practice developed be a nationally recognized or independent testing laboratory; (d) all regulated substances stored in the UST system are compatible with the material used in the construction or lining of the tank; and (e) all repairs to the UST system are properly made by an individual certified by the Department and (1) performed in compliance with all territorial rules and regulations and requirements, and (2) conducted in accordance with a code of practice developed by a nationally recognized association or an independent testing laboratory. History: Added May 19, 2000, No. 6350, § 1, Sess. L. 2000, p. 30.

(a) When an UST system is temporarily closed, owners and operators shall continue operation and maintenance of corrosion protection and release detection in accordance with rules and regulations no less stringent than the corresponding federal requirements. Release detection is not required so long as the UST system is empty as defined in 40 CFR §280.70 (7-1-98 edition), relating to temporary closure of UST systems. (b) When an UST system is temporarily closed for 3 months or more, owners and operators shall: (1) Notify the Department at least 30 days before the temporary closure; (2) Leave vent lines open and functioning; and (3) Cap and secure all other lines, pumps, man ways, and ancillary equipment. (c) When an UST system is temporarily closed for more than 12 months, an owner or operator shall permanently close the UST system if it does not meet either the performance standards for new UST systems in 40 CFR §280.20 (7-1-98 edition) for Ne UST systems or the upgrading requirements in 40 CFR §280.21 (7-1-98 edition) or the requirements for new UST systems for upgrading established in the rules and regulations promulgated under this chapter which shall be no less stringent than the federal requirements referenced in this subsection. An owner or operator shall permanently close a substandard UST system at the end of the 12-month period pursuant to regulations no less stringent than the corresponding federal requirements, unless the Commissioner grants an extension of the 12-month, temporary closure period. An owner or operator shall complete a site inspection before the Commissioner may consider an application for such an extension. (d) At least 45 days before beginning either permanent closure or a change-in-service under paragraph (2) of this subsection, an owner or operator shall notify the Commissioner of the intent to permanently close or make the change in service, unless such action is in response to corrective action. The owner or operator shall perform the required assessment of the excavation zone after notifying the Commissioner but before completion of the permanent closure or a change-in-service. (1) To close a tank permanently, an owner or operator shall empty and clean the tank by removing all liquids and accumulated sludges. All tanks taken out of service permanently must be either removed from the ground or filled with an inert, solid material. (2) Continued use of an UST system to store a non-regulated substance is a change-in-service. Before a change-in-service, an owner or operator shall empty and clean the tank by removing all liquid and accumulated sludge and conduct a site assessment as prescribed by rules and regulations no less stringent than the corresponding federal requirements. (3) Before permanent closure or change-in-service is completed, an owner or operator shall measure for the presence of a release where contamination is most likely to be present at the UST site. (A) In selecting sample types, sample locations, and measurement methods, an owner or operator shall consider the method of closure, the nature of the stored substance, the type of backfill, the depth to ground water, and other factors appropriate for detecting the presence of a release. (B) If contaminated soils, contaminated ground water, or free product as a liquid or vapor is discovered under paragraph (3) of this subsection or by any other manner, the owner or operator shall begin corrective action in accordance with rules and regulations no less stringent than the corresponding federal requirements. (e) The owner of real property on which an UST is located, except as otherwise provided, shall be responsible for performing the procedures for the temporary or permanent closure of an UST if: (1) The Department is unable to compel the owner or operator to initiate or complete tank closure; (2) The owner or operator is unknown or cannot be contacted or the underground storage tank is considered by the Department to be abandoned or; (3) The real property owner refuses to allow access to the tank for purposes of tank closure by the owner or operator. (f) The owner or operator of an UST shall maintain all records that are capable of demonstrating compliance with tank closure requirements under this chapter and the rules and regulations promulgated thereunder. An owner or operator shall retain the results of the excavation zone assessment for at least three years after completion of the permanent closure or change-in-service by: (1) the owner or operator who took the UST system out of service; (2) any owner or operator of an UST site within three years of a permanent tank closure or change-in- service; or (3) mailing the records to the Department of Planning and Resources, if the records cannot be maintained at the closed facility. History: Added May 19, 2000, No. 6350, § 1, Sess. L. 2000, p. 30.

(a) It is unlawful for any individual to design, install, retrofit, repair, maintain, conduct any type of tank testing or analysis, decommission, or temporarily or permanently close a UST system without first complying with the certification requirements established by the Department. (b) The Commissioner, by regulation, shall establish qualifications and procedures for certification. (c) The Commissioner, by regulation, shall require re-certification, as necessary, to insure continued compliance. (d) The Commissioner may waive all or part of the certification requirements of this chapter on a reciprocal basis with any state or territory that has substantially the same standards, and may issue a certificate on the basis of reciprocity. (e) The Commissioner, by regulation, may establish and collect fees for any certification service performed by the Department for initial certification, re-certification and late filing fees, as may be necessary. History: Added May 19, 2000, No. 6350, § 1, Sess. L. 2000, p. 30.

Certification; Proof of Financial Responsibility (a) The Commissioner may classify certificates issued pursuant to this chapter. (b) The Commissioner may deny, suspend, or revoke the certification of any person who violates any provision of this chapter, or rule or regulation promulgated thereunder. (c) The Commissioner may require proof of financial responsibility, including the maintenance of pollution liability insurance, prior to the issuance or renewal of certification. History: Added May 19, 2000, No. 6350, § 1, Sess. L. 2000, p. 30.

For the purpose of placing future purchasers on notice, the owner of the property on which an underground storage tank is located shall record the existence and location of underground storage tank in the office of the Recorder of Deeds in the district where the UST is located. (a) The Commissioner, by regulation, shall establish the information to be recorded and the procedure to be followed. (b) If the owner of the real property fails to comply with the provision of this section, the Commissioner may record the required information. History: Added May 19, 2000, No. 6350, § 1, Sess. L. 2000, p. 30.

The Commissioner may order the owner or operator of an UST system to perform a tank integrity test if: (a) there is reason to suspect that there is or has been a release of a regulated substance into the environment; (b) the age, operation, maintenance records, location or circumstance related to installation, or any other relevant factor so warrant the taking of this precaution to protect human health and the environment; or (c) the tank integrity test is required by any provision of this chapter, or rule or regulation promulgated thereunder. History: Added May 19, 2000, No. 6350, § 1, Sess. L. 2000, p. 30.

The Department shall require owners and operators of UST systems to provide an acceptable method, or a combination of methods of release detection for tanks and connected piping in a manner consistent with the protection of human health and the environment, but in no event shall it be less stringent than the corresponding federal requirements. History: Added May 19, 2000, No. 6350, § 1, Sess. L. 2000, p. 30.

Overfills (a) The owner or operator of an UST systems shall report any release, suspected release, spill or overfill of any regulated substance to the Department within 24 hours of discovery thereof, or within a period specified by the Department or by regulation. Such reporting shall be provided in addition to any other reporting requirement prescribed by territorial or federal law. (b) The owner or operator of an UST system shall investigate any suspected release, spill or overfill, and if confirmed perform abatement measures as required by the Department or by regulation. History: Added May 19, 2000, No. 6350, § 1, Sess. L. 2000, p. 30.

(a) All owners and operators of UST systems, within 180 days of the effective date of this chapter, shall establish and maintain evidence of financial responsibility, as provided for in this section, for taking corrective action and for compensating third parties for bodily injury and property damage caused by accidental releases arising from the operation of underground storage tanks in at least the following per- occurrence amounts: (1) For all owners or operators of petroleum underground storage tanks that are located at petroleum marketing facilities or that own or operate five or more tanks or that handle an average of more than 10,000 gallons of petroleum per month based on annual throughput for the previous calendar year, $2,000,000. (2) For all other owners or operators of petroleum underground storage tanks: $500,000. (b) Owners or operators of petroleum underground storage tanks shall demonstrate financial responsibility for taking corrective action and for compensating third parties for bodily injury and property damage caused by accidental releases arising from the operation of petroleum underground storage tanks in at least the following annual aggregate amounts: (1) For owners or operators of four or fewer tanks, an annual aggregate amount of $1,000,000. (2) For owners or operators of five or more tanks, an annual aggregate amount of $2,000,000. (3) Owners or operators of 10 or more tanks shall establish and maintain a level of financial responsibility as determined by the Commissioner. (c) Subject to the approval of the Commissioner, an owner or operator of an UST may establish evidence of financial responsibility by any one, or a combination of the following methods: (1) commercial or private insurance, including risk retention groups; (2) qualification as a self-insurer; (3) a guarantee, surety bond, or letter of credit; or (4) any other reasonable and economically practicable means. (d) Surety bonds shall be payable to the Government of the Virgin Islands, to include costs and expenses of the cleanup of any release, as well as damages incurred by the Government, consistent with the provisions of this chapter. Any bond filed with the Department must be issued by a bonding company authorized to do business within the territory. (e) To qualify as a self-insurer the UST system owner or operator shall (1) demonstrate a tangible net worth of at least ten times: (A) The total of the aggregate amount required in subsection (c) of this section; (B) The sum of the corrective action cost estimates, the current closure and post-closure care cost estimates, and the amount of liability coverage required under this chapter; and (C) The sum of the plugging and abandonment costs estimates in effect for which a financial test is used to demonstrate financial responsibility under this chapter. (2) The owner or operator shall have a tangible net worth of at least $10,000,000. (3) The owner or operator shall meet the requirements set forth in 40 CFR280.95 (7-1-98 edition). (f) The total liability of any guarantor is limited to the aggregate amount that the guarantor has provided as evidence of financial responsibility to the UST system owner or operator under this section. Nothing in this subsection may be construed to limit any other territorial or federal statutory, contractual or common law liability of a guarantor to its owner or operator including, but not limited to, the liability of such guarantors for bad faith either in negotiating or in failing to negotiate the settlement of any claim. For the purpose of this subsection, the term "guarantor" means any person, other than the owner or operator, who provides evidence of financial responsibility for an owner or operator pursuant to this section. (g) Any claim for costs incurred by the Government for taking emergency, preventive, corrective or enforcement action may be filed directly against the bonding company, the insurer, the guarantor, or any other person providing evidence of financial responsibility. Any amount collected or awarded under this subsection shall be paid into the Virgin Islands Underground Storage Tank Trust Fund. (h) An owner or operator of an UST system shall designate a person within the United States Virgin Islands as his resident agent for service of process, and such designation shall be filed in accordance with rules and regulations promulgated by the Department. (i) The financial responsibility amounts required by this section, or any portion of such an amount, may be satisfied by utilization of the Virgin Islands Underground Storage Tank Trust Fund established pursuant to Title 33, chapter 111 of this code, at the discretion of and in a manner determined by the Commissioner. History: Added May 19, 2000, No. 6350, § 1, Sess. L. 2000, p. 30.

(a) Whenever the Commissioner has reason to believe that there is or has been a release or a threat of a release into the environment from a UST system, the Commissioner shall order corrective action for the release from any owner or operator, or from any past owner or operator who has contributed to such release, either jointly or severally. Such corrective action shall be performed in accordance with a plan submitted by or on behalf of the UST system owner or operator and approved by the Commissioner, pursuant to Department policy or rules and regulations. The Commissioner, may order that the necessary corrective action be performed within a reasonable time and in such manner, as may be prescribed in the order. (b) If the tank owner or operator is unable, as determined by the Commissioner, to perform corrective action as provided for in subsection (a) of this section, the Commissioner, may undertake preventive or corrective action using funds from the Virgin Islands Underground Storage Tank Trust Fund. (c) To encourage voluntary corrective action, an owner or operator conducting corrective action under this chapter and in good standing in the Virgin Islands Underground Storage Tank Trust Fund, either through the owner's or operator's own personnel or through response action contractors or subcontractors, is entitled to reimbursement of reasonable costs from the trust fund subject to the following provisions: (1) Before initiating the corrective action, the owner or operator shall submit to and receive approval from the Department of the proposed corrective action plan and projected costs of the corrective action, and once approved the owner or operator may not substantially deviate from the approved costs and corrective action without the prior approval of the Department; (2) The owner or operator shall keep and preserve suitable records of all corrective actions taken and all invoices and financial records associated with costs for which reimbursement will be requested; (3) Upon receipt of a completed corrective action plan, the Commissioner shall make a determination and provide written notice as to whether the owner or operator responsible for corrective action is eligible or ineligible for reimbursement of costs. If the Commissioner determines that the owner or operator is ineligible, a written notice of such ineligibility and shall explanation shall be set forth in detail the reasons for the determination; (4) The owner or operator shall submit to the Commissioner within 30 days of the completion of the corrective action a written notice of that fact. (5) No later than 30 days after the submission of the notice as required by paragraph (4) paragraph (4)n, the owner or operator shall submit an application for reimbursement of costs in accordance with criteria established by the Department, or by regulation. The application for reimbursement must include the total amount of the corrective action and the amount of reimbursement sought; (6) The amount of financial responsibility required by Section 669 of this chapter of the owner or operator of an UST system is not eligible for reimbursement from the trust fund nor are costs related to replacement or retrofitting leaking tanks and associated piping. (7) No costs may be reimbursed to the owner or operator until such time as corrective action has been completed in accordance with the plan approved by the Department; except that interim payments may be made if the corrective action is being conducted in accordance with a plan approved by the Department which allows for interim payments. (d) Notwithstanding the provisions of subsections (b) and (c) of this section, if the Department finds that any of the following circumstances exist, the owner or operator jointly and severally, shall be liable for up to 100 percent of costs associated with preventive, corrective, or enforcement actions necessary to protect human health or the environment: (1) The release was due to willful or negligent actions by the owner or operator; (2) The owner or operator is in arrears of moneys owed to the Virgin Islands Underground Storage Tank Trust Fund; (3) The owner or operator, in any manner, obstructs the efforts of the Department or its contractors to effectuate corrective action; (4) The owner or operator of an underground storage tank has stored a regulated substance in a tank that has not been subjected to the environmental assurance fee imposed by section 672 of the chapter; (5) The release is from an underground storage tank not registered or issued a permit by the Department in accordance with the provisions of this chapter; or (6) The owner or operator has failed to comply with a provision of this chapter or rules and regulations promulgated thereunder. (e) If no underground storage tank owner or operator can be found, the Commissioner, may undertake preventive or corrective actions using funds from the Virgin islands Underground Storage Tank Trust Fund, funds available pursuant to federal law, and payments due from the real property owner by virtue of the fact that he has allowed the subject underground storage tank to exist or be placed on his property. The real property owner shall be deemed to have granted permission to the Department or its contractors or agents to enter its property to investigate and take samples and, when the Commissioner finds that such action is necessary to effectuate the corrective action required to protect human health and the environment. History: Added May 19, 2000, No. 6350, § 1, Sess. L. 2000, p. 30.

In the event of any discharge or threatened discharge of a regulated substance, the government of the Virgin Islands or any of its agencies or instrumentalities, may recover in a civil action from any owner, operator, or other responsible person all costs incurred in the prevention, assessment, abatement, or cleanup and removal of any release or threatened release of a regulated substance, including reasonable attorney fees and any other necessary costs of response incurred by the territory or any of its departments, divisions or agencies. The territory shall have a lien on the real property on which the UST system that caused the discharge is located, even if owned by a person other than the owner or operator, if the owner or operator is in privity with the real property owner. History: Added May 19, 2000, No. 6350, § 1, Sess. L. 2000, p. 30.

An Environmental Assurance Fee shall be established in such an amount, as may be determined by the Commissioner as sufficient to assure the funding of emergency, preventive, or corrective action necessary when human health or the environment is, or potentially may be, threatened by a release of regulated substances from a petroleum UST system, at a rate not to exceed two cents per gallon of motor fuel, sold or exchanged by a terminal operator, distributor or dealer. (a) The fee shall be collected and deposited into the Virgin Islands Underground Storage Tank Trust Fund. (b) The owner or operator of any petroleum UST shall maintain proof that he has paid the environmental assurance fee imposed under this section. History: Added May 19, 2000, No. 6350, § 1, Sess. L. 2000, p. 30.

All owners and operators of UST systems shall maintain records and information relating to tanks, their associated equipment, their contents, repairs, tank system testing, monitoring, analysis, and release detection, including inventory controls, for the operating life of the UST system. All required records and information, including records regarding tank closure, shall be kept at the UST site or at a readily available alternative site and made immediately available for inspection and copying by an authorized employee of the Department. History: Added May 19, 2000, No. 6350, § 1, Sess. L. 2000, p. 30.

(a) The Commissioner, an authorized employee of the Department, or an authorized contractor or agent of the Department, upon presentation of his credentials, shall have the right to enter upon or through premises of persons subject to this chapter, under the following circumstances: (1) A violation of this chapter, or rules and regulations promulgated pursuant thereto is reasonably believed to be occurring or is reasonably believed to be about to occur, to investigate, take samples of, and copy all records relating to the storage of regulated substances in underground storage tanks, and to inspect for compliance with the requirements imposed under this chapter, or rules and regulations promulgated pursuant thereto, or to determine whether such a violation or threatened violation exists; or (2) A release of a regulated substance in violation of this chapter, or rules and regulations promulgated pursuant thereto is reasonably believed to be occurring or is reasonably believed to have previously occurred, and it is necessary to investigate, take samples, copy all records relating to storage of regulated substances in underground storage tanks, and inspect for compliance with the requirements imposed under this chapter, or the rules and regulations promulgated pursuant thereto in order to determine whether such a current release is occurring or past release has occurred and to conduct appropriate corrective action for any release which may currently exist or may have existed. (3) The Department is conducting systematic inspections of all facilities subject to the requirements of this chapter, or rules and regulations promulgated pursuant thereto in a manner designed to determine compliance or non-compliance, to verify the accuracy of information submitted by owners or operators of regulated UST systems, and to verify adequacy of methods utilized by owners or operators in developing that information. (b) If a person does not consent to an inspection or investigation, the Commissioner, or an authorized employee of the Department, shall have the authority through the Attorney General of the Virgin Islands to seek and shall be entitled to the issuance of a warrant from any court of competent jurisdiction authorizing an inspection or search of the premises based upon a prima facie showing of one or more of the foregoing factors, events, or occasions. (c) Any real property owner or person in possession of property adjoining a leaking underground storage tank site who refuses to allow either the owner or operator of an UST system, or the authorized employees, agents or contractors of the Department, access for purposes of providing corrective action for any contamination that may have migrated onto his real property from the leaking underground storage tank site shall be responsible for the remediation and cleanup of contamination of his property, as well as any contamination that may migrate or have migrated off his property onto the real property of another. History: Added May 19, 2000, No. 6350, § 1, Sess. L. 2000, p. 30.

(a) It is unlawful for any person to engage in the storage of regulated substances in underground tanks except in such a manner so as to conform to and comply with any provisions of this chapter, or any of the rules, regulations, and orders promulgated or established pursuant thereto. (b) It is a violation of this chapter to: (1) Cause or permit the release of a regulated substance from an underground storage tank into the environment; or (2) Install an underground storage tank that does not meet the minimum standards in accordance with the provisions of this chapter, or rule and regulations promulgated thereunder. History: Added May 19, 2000, No. 6350, § 1, Sess. L. 2000, p. 30.

Upon receiving information that the operation, maintenance, or condition of an underground storage tank or the surrounding area may present a threat or a hazard to the health of persons or to the environment, or may present an actual or threatened violation of any provision of this chapter, or rule or regulation promulgated thereunder, the Commissioner may issue to the owner or operator an emergency order establishing reasonable and proper methods for the control of the activity, tank closure, removal of contaminated materials, and the management of substances in the tank or the surrounding area in order to reduce or eliminate the hazard or the violation. Such order shall become effective upon issuance. Any person to whom such order is directed shall comply therewith immediately but on application to the Commissioner shall be afforded a hearing within 48 hours. On the basis of such hearing, the Commissioner may continue such an order in effect, revoke it, or modify it. History: Added May 19, 2000, No. 6350, § 1, Sess. L. 2000, p. 30.

(a) Whenever the Commissioner has reason to believe that a violation of any provision of this chapter, or of any rule or regulation promulgated thereunder, or of any order issued pursuant to the provisions of this chapter has occurred, the Commissioner may cause written notice to be served upon the alleged violator or violators. The notice shall specify the provision of this chapter, rule or regulation, or order alleged to be violated, the facts alleged to constitute a violation thereof, and may include any order for necessary corrective action and any penalty assessed pursuant to section 680 of this chapter. An order for corrective action is effective upon issuance. Any person named therein may request in writing, within 15 days after receipt of the notice or order, a hearing before the Commissioner. The request does not act as a stay of the Commissioner's order unless so ordered and directed by the Commissioner or by a Court of competent jurisdiction. (b) The Commissioner shall afford an opportunity for a hearing to the alleged violator at a time and place designated by the Commissioner. On the basis of the evidence produced at the hearing, the Commissioner, shall make findings of fact and conclusions of law and enter such order as in his opinion will best further the purposes of this chapter. The Commissioner, before entering his order on the basis of the record and recommendations, shall provide an opportunity to the parties to submit for consideration exceptions to the recommended findings of facts and conclusions of law and supporting reasons for such exceptions. The parties shall submit written exceptions within 10 days after the hearing. Written notice of such order shall become final and binding on all parties unless appealed to the appropriate court as provided for in section 676 of the chapter. (c) Any person who has had a certificate, license, or registration denied, modified, suspended, or revoked shall be afforded an opportunity for a hearing pursuant to the provisions of this section upon written application to the Commissioner within 30 days after receipt of notice from the Commissioner of such denial, modification, suspension or revocation. (d) The Commissioner may provide an expedited hearing to an aggrieved party, if specifically requested by the alleged violator and if circumstances so warrant. (e) The Commissioner may prescribe rules and regulations as are necessary for the lawful and orderly transaction of proceedings and hearings pursuant to the provisions of this chapter. (f) The Commissioner may order testimony to be taken by deposition in any proceedings pending before him. Any person may be compelled to appear, testify and produce papers or documents in the same manner and consistent with same rules as witnesses may be compelled to appear, testify, and produce documentary evidence before the Superior Court. History: Added May 19, 2000, No. 6350, § 1, Sess. L. 2000, p. 30.

Any person aggrieved by any action, decision, or order of the Commissioner may obtain a review thereof by filing a written petition in the appropriate division of the Superior Court within 30 days after the date of the action, decision or order, and the petition shall include such information as required by the applicable rules of the Superior Court. History: Added May 19, 2000, No. 6350, § 1, Sess. L. 2000, p. 30.

In addition to any other any other provisions or procedures set forth in this chapter, if the Commissioner finds that a person is in violation of this chapter, or has failed to comply with any provisions of any order, standard, rule or regulation promulgated or issued in accordance with this chapter, he may file suit, through the Office of the Attorney General, in the Superior Court, in the district where the noncompliance has occurred, to enjoin the act, obtain compliance or impose a penalty. The Court may issue injunctive relief or such other relief as may be appropriate and may exercise all plenary powers available to it, including but not limited to: (1) enjoining the threat of or any further releases; (2) ordering design, construction, installation, or operation of alternate facilities; (3) ordering the removal of facilities, equipment, contaminated water and soils, and the restoration of the environment; (4) assessing and ordering compensation for any public or private property destroyed, damaged or injured; (5) assessing and order damages for injury to, destruction of, or loss of natural resources, including the reasonable costs of assessing such injury, destruction, or loss resulting from such a release; (6) assessing and awarding punitive damages; and (7) ordering reimbursement to any agency or department of the federal or territorial government from any person whose acts caused governmental expenditures pursuant to this chapter. History: Added May 19, 2000, No. 6350, § 1, Sess. L. 2000, p. 30.

(a) Civil Penalties (1) Any person who violates any provision of this chapter, or of any rule, regulation, standard promulgated or order issued or under this chapter, shall be subject to a civil penalty not to exceed $25,000 for each day of violation for each UST system in violation. (2) Civil penalties provided under this section may be assessed administratively by the Commissioner against any person who violates any provision of this chapter, or any rule, regulation, standard or order issued or promulgated thereunder. (b) Criminal Penalties (1) Any person who knowingly or intentionally violates any provision of this chapter, or any rule, regulation, standard or order issued or promulgated thereunder, shall, upon conviction, be subject to a fine of not less than $2,500 but not more than $25,000 per day of violation, or imprisoned not more than one year, or both fine and imprisonment. (2) Any person who knowingly or intentionally makes any false statement, representation or certification in any application, record, report, plan or other documents filed or required to be maintained under this chapter, or who falsifies, tampers with or knowingly renders inaccurate any monitoring device or method required to be maintained under this chapter or by any rule, regulation, or order issued or promulgated thereunder, shall, upon conviction, be subject to a fine of not more than $25,000, or imprisoned not more than one year, or both fine and imprisonment. (c) Each violation is a separate and distinct offense and in the case of a continuing violation, continuance of each day thereof may be considered a separate and distinct offense. History: Added May 19, 2000, No. 6350, § 1, Sess. L. 2000, p. 30.

(a) Upon timely application any person whose interests may be adversely affected by a release or threatened from a UST system shall be allowed to intervene as of right in any civil action when the applicant claims an interest relating to the property or transaction which is the subject of the action, and the applicant is so situated that the disposition of the action may as a practical matter impair or impede the applicant's ability to protect that interest. The Department of Planning and Natural Resources or any other department or agency of the Government of the Virgin Islands may not oppose any such intervention on the ground that the applicant's interest is adequately represented by the Government. (b) Any person may maintain an action for declaratory and equitable relief to restrain any violation of this chapter. On a prima facie showing of a violation of this chapter, a preliminary injunction shall be issued to restrain any further violation of the chapter. No bond is required for an action under this subsection. (c) Any person may maintain an action to compel the performance of duties specifically imposed on the Commissioner or on the Department under this chapter; except, no such action may be initiated prior to 30 days after written notice has been given to the Commissioner by complaint specifying the duties that the complainant alleges have not been performed. No bond is required for an action under this subsection. (d) The Department shall provide notice and opportunity for public comment on all proposed settlements of civil enforcement actions, except when immediate action is necessary to protect human health and the environment adequately. (e) The Department shall investigate and provide prompt responses to citizen complaints about violations. History: Added May 19, 2000, No. 6350, § 1, Sess. L. 2000, p. 30.

(a) Any records, reports, or information obtained from any persons shall be available to the public, except that upon a showing satisfactory to the Commissioner by any person that records, reports, or information, or a particular part thereof, to which the Commissioner or any officer, employee, or representative thereof has access, if made public would divulge information entitled to protection under Title 3, Section 881 of this Code, such information or particular portion thereof shall be considered confidential in accordance with the purposes of that section, except that such record, report, document, or information may be disclosed to other officers, employees or authorized representatives of the territory concerned with carrying out the provisions of this chapter, or when relevant in any proceeding under this chapter. (b) Any person who knowingly and willfully divulges or discloses any information entitled to protection under this subsection shall, upon conviction, be subject to a fine of not more than $5,000, or to imprisonment not to exceed one year, or both. (c) In submitting data under this subchapter, a person required to provide such data may: (1) designate the data which such person believes is entitled to protection; and (2) submit such designated data separately from other data submitted under this chapter. History: Added May 19, 2000, No. 6350, § 1, Sess. L. 2000, p. 30.

The Commissioner, by regulation, may establish a field citation program for the issuance of citations by any authorized employee of the Department to any owner or operator of an UST system who violates any provisions of this Chapter, or any rules or regulations promulgated thereunder. History: Added May 19, 2000, No. 6350, § 1, Sess. L. 2000, p. 30.

Account (a) There is established the Virgin Islands Underground Storage Tank Revolving Impress Account (hereinafter the "Account"). The Commissioner shall be the responsible for the account. (b) The account shall consist of all underground storage tank registration fees collected pursuant to section 655 of this chapter, all initial certification service fees, re-certification fees and late filing fees collected pursuant to section 663 of this chapter, all environmental assurance fees collected pursuant to section 672 of this chapter, all fund disbursements that have been recovered pursuant to the provisions of this chapter, all funds available for use through the Federal Leaking Underground Storage Tank Trust Fund or any other funding available through federal law or from any other funding source. (c) Disbursements from the account shall be made from the Account by the Commissioner only for the following purposes: (1) In the event of a release or threat of release of a regulated substance from a petroleum UST system, to take emergency action necessary to assure that the public health or safety is not threatened; (2) Where the owner or operator has not been identified or is unable or unwilling to perform corrective action, to take preventative or corrective action where the release of a regulated substance presents and actual or potential threat to human health or the environment; (3) To provide compensation for the property damage of third parties affected by items (1) and (2) of this subsection. However; (A) A property owner shall not be considered a third party if the property was transferred by the owner or operator of a UST system in anticipation of damage due to a release; (B) Third party liability property damage shall be reimbursed based on the rental costs of comparable property during the period of loss of use up to a maximum amount as established by regulation of the Department; (C) In the case of property that has been destroyed as a result of a regulated substance, reimbursement shall be an amount necessary to replace, restore or repair the destroyed property, whichever is less; (D) Loss of business or damages as a result thereof is not recoverable under the provisions of this section; (E) Compensation under the provisions of this item shall not include any claim for attorney's fees, punitive damages, or damages for mental anguish; (4) To pay all necessary costs for the administration of the account; (5) To reimburse eligible owners or operators who have completed and provided corrective action as provided under the provisions of this chapter; and (6) To provide payments to contractors hired by the Department to provide corrective action for regulated substances from UST systems. (d) The Commissioner shall provide to the Governor and the Legislature an accounting of all of the deposits and disbursements from the account, on an annual bases. History: Added May 19, 2000, No. 6350, § 1, Sess. L. 2000, p. 30.

This chapter may be cited as "The Underground Facility Damage Prevention and Safety Act." History: Added Jan. 1, 2016, No. 7798, § 1, Sess. L. 2015, p. 122.

The Legislature declares it to be the policy of the Government of the Virgin Islands and the purpose of this chapter to aid the public by preventing injury to persons and property and preventing the interruption of services resulting from damage to an Underground Facility caused by excavation or demolition operations and to provide minimum recommended guidelines for one-call legislation. History: Added Jan. 1, 2016, No. 7798, § 1, Sess. L. 2015, p. 122.

As used in this chapter, unless the context clearly indicates otherwise: (a) "Tolerance Zone" means a strip of land not less than 18 inches on either side measured on a horizontal plane and from the outer edge of the exterior surface of the underground facility. (b) "Business Days" means any day other than business days, excluding Saturdays and legal holidays as provided in 1 V.I.C. § 171. "Hours" is meant to include all of the hours of a day. (c) "Communications Provider" means an entity that offers an Internet Protocol-based transmission service that enables users to send and receive voice, video, data, graphics or a combination of them. (d) "Damage" means any impact upon or contact with, including without limitation, penetrating, striking, scraping, displacing, or denting, however slight, the protective coating, housing, duct, or other protective devices of any underground facility, or the removal or weakening of any lateral or vertical support from any underground facility, or the severance partial or complete, of any underground facility. (e) "Demolish" or "demolition" means any operation by which a structure or mass of material is wrecked, razed, render, moved, or removed by means of any tool, equipment, or discharge of explosives, or any disturbances of the earth in any manner on public or private lands which could damage any underground facility. (f) "Design Locate Request" means a communication to the Notification Center in which a request is made for locating existing utility facilities for bidding, predesign, or advance planning purposes. A Design Locate Request may not be used for excavation purposes. (g) "Emergency" means a sudden, unexpected occurrence, involving a clear and imminent danger, demanding immediate action to prevent or mitigate loss of, or damage to, life, health, property, or essential public services. "Unexpected occurrence" includes, but is not limited to, fires, floods, windstorm, earthquakes or other soil or geologic movements, riots, accidents, vandalism, or sabotage that cause damage to an underground facility requiring immediate repair. (h) "Excavation" means any operation in which earth, rock, or other material in the ground is moved, removed, or otherwise displaced by means of tools, equipment, or explosives in any of the following ways, including but not limited to: grading, trenching, digging, ditching, drilling, auguring, boring, tunneling, scraping, cable or pipe plowing or driving, cable mining or salvage. (i) "Excavator" means any person, firm, contractor or subcontractor. Operator, operator, utility, association, corporation, partnership, sole proprietor, business trust, government agency, or other entity which, with their, or his or her, own employees or equipment performs any excavation. (j) "Field mark" means stakes, paint, pin flags or temporary marks made in some other customary manner, placed in accordance with the CGA Best Practices Appendix B that identifies the approximate location of an underground facility. (k) "Government agency" means any governmental entity, board, bureau, commission, department, agency. division, authority, office, or agent, or any autonomous or semi-autonomous instrumentality of the Government of the Virgin Islands, or any communications provider owned in whole or in part by the Government of the Virgin Islands. (l) "Inquiry Identification Number" means a unique number that is provided by the Notification Center to every person who contacts the center informing the center of its intent to excavate. This is also referred to as a "locate request". (m) "Mechanized equipment" means equipment operated by means of mechanical power including trenchers, bulldozers, power shovels, augers, backhoes, scrapers, drills, cable and pipe plows and other equipment used for plowing-in or pulling-in cable or pipe. (n) "Notification Center" means a singular nonprofit association of Operators of underground facilities that receives and transmits advance warning of excavations or other work close to existing underground facilities, for the purpose of protecting those facilities from damage, removal, relocation, or repair, as established in section 692 of this chapter. (o) "Operator" means a person who owns, operates or controls an underground facility. A person is not considered an Operator solely because the person is an Operator or tenant of real property where underground facilities are located if the underground facilities are used exclusively to furnish services or commodities on that property, unless the underground facility crosses a public right of way, or unless the person is the Government of the Virgin Islands or a government agency thereof. (p) "Person" means any individual, corporation, business trust, partnership, limited liability company, business trust, estate, trust, association, partnership, association, joint venture, sole proprietor, government, government subdivision, agency, or instrumentality, public corporation, or any other legal or commercial entity. (q) "Positive response" means a communication made to the Notification Center by an Operator reporting the status of a specific locate request. (r) "Project engineer" means any architect, engineer, planner, estimator or other person who prepares plans that requires excavation as herein defined. (s) "Proposed excavation work" means any excavation activity, or excavation planning and design work. (t) "Public improvement" means any construction, reconstruction, improvement, enlargement, alteration, or repair of a building, roadway, drainage system, water system, street alleyway, sewer, ditch sewage disposal plant, water works, and all other structures or works of any nature by a government agency. (u) "Underground Facility" means any public or private facility that is buried, placed below ground, or submerged on any Operator's right-of-way. easement, or permitted use which is being used or will be used in connection with the storage or conveyance of water, power, communications, petroleum products, natural gas, sewage, or other such substances transported underground, and includes, but is not limited to, pipes, ducts, sewers, conduits, cables, valves, lines, and associated underground equipment. The term does not include a liquefied petroleum gas line, unless the line is subject to the requirements of title 49, Code of Federal Regulations, provided there is no encroachment on any Operator's right of-way, easement, or permitted use. History: Added Jan. 1, 2016, No. 7798, § 1, Sess. L. 2015, p. 122-125; amended Aug. 3, 2021, No. 8471, § 8(a)(1)-(3), Sess. L. 2021, p. 119.

(a) There is established within the Department of Public Works a single, comprehensive territorial one-call Notification Center to provide notice of all excavations or demolitions near Underground Facilities. (b) All Operators, as defined in this chapter, shall participate in and share in the costs of the territorial Notification Center established under this section of this chapter. Costs for the Notification Center must be shared, in an equitable manner for services received, by facility Operators, as determined by the Center's board of directors. (c) The Notification Center shall maintain and make available the name, mailing and physical address, and telephone number of the office, department, or other source from or through which information respecting the location of underground facilities or gas pipes of its participating underground facility Operators or operators may be obtained. (d) The board of directors may contract with a third party service provider to provide the services of the Notification Center provided in section 693 of this chapter. History: Added Jan. 1, 2016, No. 7798, § 1, Sess. L. 2015, p. 125.

The Notification Center shall: (1) Operate in all areas of the territory containing underground facilities: (2) Receive and distribute advance notifications of excavations or demolitions to all member Underground Facility Operators for the purpose of marking underground facilities, except as provided by this chapter: (3) Develop and implement a public awareness/damage prevention program to educate the general public, excavators, and Operators about the one-call telephone number and the requirements and penalties of the chapter: (4) Provide for acceptance of "811" dialed calls 24 hours a day and 365 days a year to receive and record the information provided by excavators and project engineers and to respond to information requests from excavators and project engineers, if available. In the alternative, an existing nationally-accessible toll-free telephone number and facsimile number may also be made or kept available. (5) Establish and maintain a "Positive Response" system whereby Operators can electronically report the status of a locate request received and whereby excavators can monitor the status of a locate request it submitted. The status of the locate request may be reported as one of the following classifications: (A) No Conflict-the Operator has no facilities within the excavation area described in the locate request; (B) Facility has been marked; (C) Invalid locate information-the excavation area described in the locate request cannot be found or determined: or (D) An alternate marking schedule has been agreed to by the excavator and locator when updating a locate request using this classification must have a documented written agreement that includes: (i) Name of each part to the agreement; (ii) Date the agreement was made; and (iii) Details of the alternate marking schedule. (7) Transmit prompt notification to Operators on a 24-hour a day, seven-day a week basis; and (8) Maintain professional liability and errors and omissions insurance to cover duties established by this chapter. History: Added Jan. 1, 2016, No. 7798, § 1, Sess. L. 2015, p. 125, 126.

Number; Notification of a Member With Underground Facilities; Records (a) Except in an emergency, every person planning to conduct any excavation or demolition operation shall inform the Notification Center of the intended excavation at least 2 business days, but not more than 14 calendar days prior to commencing that excavation. (b) In addition to providing a clear description of the planned excavation area, when the excavation site cannot be clearly and adequately identified on the locate ticket, the excavator shall designate the route or area to be excavated by using white paint or other suitable means prior to the arrival of the locator. (c) The Notification Center shall provide an Inquiry Identification Number to the person who informs the center pursuant to this section and shall promptly notify any member who has an Underground Facility in the area of the proposed excavation. An inquiry validation number is valid for 14 calendar days beginning two business days after notification of intent to excavate. (d) A record of all notifications by excavators and Operators to the Notification Center must be maintained in accordance with applicable statutes. The records must be available for inspection by the excavator and any member, or their representative, during normal business hours and according to guidelines for inspection, as may be established by the Notification Centers. (e) An excavator shall provide the following information to the Notification Center: (1) The excavator's name, mailing and physical address, telephone number and facsimile number, that of their employer if subcontracting and the project Operator. (2) The nature and extent of the excavation or demolition, including, but not limited to, the type of work being done, the depth if known; (3) Whether directional boring will be used; (4) The start date and time; duration of the work; and (5) The location of the work. (f) For purposes of locating the work, the excavator shall supply the physical address for the property, closest road crossing, or intersection, or such other location identifier as required by the Notification Center. (g) The Notification Center shall provide to the excavator a list of all Operators being notified of the intended notification at the time of the excavator's notification. History: Added Jan. 1, 2016, No. 7798, § 1, Sess. L. 2015, p. 126, 127.

Requirement; Records (a) Any Operator of a Underground Facility who receives timely notification of any Proposed Excavation Work in accordance with section 694 of this chapter shall, within 2 business days after that notification, or before the indicated start of the excavation work, whichever is later, or at a later time mutually agreeable to the Operator and the excavator, locate and field mark the approximate location of its facility. (b) Any Operator who receives timely notification of any Proposed Excavation Work in accordance with section 694 shall update the status of the notification request through the Positive Response System at the One-Call Notification Center. If a Positive Response System is not available, the Operator shall make reasonable efforts to communicate the status of the notification request directly to the excavator. Communication to the excavator may include one or more of the following: marking the facilities, telephone communication or voice-mail, facsimile, email. For purposes of this subsection "reasonable efforts" means 3 attempts of any of the communication methods listed in this subsection. (c) Every Operator of an Underground Facility shall field mark the location of an Underground Facility in conformance with the current marking requirements set forth by the CGA Best Practices Appendix B. (d) The excavator shall notify the Notification Center of any obvious failure of an Operator to comply with this section before any excavation commences. The excavator may proceed if such excavator exercises due care and caution to prevent damage to any Underground Facility. History: Added Jan. 1, 2016, No. 7798, § 1, Sess. L. 2015, p. 127, 128.

When excavating within the Tolerance Zone, the excavator shall do all of the following: (1) Plan the excavation to avoid damage to. or minimize interference with the underground facilities in and near the construction area; (2) Determine the exact location of any marked Underground Facility using non-invasive methods of excavation. Methods to consider include hand digging, pot holing, soft digging, vacuum excavation methods or any other methods with the approval of the facility Operator. For parallel type excavations, the existing facility shall be exposed at intervals as often as necessary to avoid damages; (3) Maintain 18" clearance between any Underground Facility and the cutting edge or point of Mechanized Equipment; (4) Provide such support for underground utilities in and near the construction area, including backfill operations, as mas be reasonably required by the operator for the protection of such utilities; (5) When using a trenchless excavation technique, perform electronic monitoring of the drilling head during the backream procedure as well as the pilot hole drilling; (6) Protect and preserve the markings of approximate locations of underground facilities until those markings are no longer required for proper and sale excavations. If, at any time during an excavation, an Operator's Field Markings are no longer reasonably visible, the excavator shall notify the Notification Center. The Notification Center shall contact all known members who have underground facilities in the area of the excavation. Upon receiving timely notification or re-notification pursuant to this paragraph, the Operator shall re-locate and re-mark, as soon as possible, but no later than 48 hours, those underground facilities that may be affected by the excavation to the extent necessary, in conformance with this section; (7) As soon as any damage to a Underground Facility or its protective facilities, including grounding and warning tape, is discovered, report the type and location of the damage to the Notification Center and the Operator, if known, and cooperate to mitigate damages to the extent reasonably possible, including the provision of in-kind work by the excavator where technical or specialty skills are not required by the nature of the Underground Facility. Such in-kind work may be under the supervision and pursuant to the specifications of the Operator; and (8) Immediately report to the Operator and, appropriate law enforcement agencies and fire departments, any damage to a Underground Facility which results in escaping flammable, corrosive, explosive, or toxic liquids or gas, and take reasonable actions needed to protect persons or property and to minimize safety hazards until those agencies and departments and the Operator arrive at the scene. History: Added Jan. 1, 2016, No. 7798, § 1, Sess. L. 2015, p. 128, 129.

(a) Any person may submit a Design Locate Request to the Notification Center. The Design Locate Request must: (1) Describe the tract or parcel of land for which the Design Locale Request has been submitted, with sufficient particularity, as defined by policies developed and promulgated by the Notification Center, to enable the facility Operator to ascertain the precise tract or parcel of land involved; and (2) State the name, mailing and physical address, telephone number and facsimile number of the person who has submitted the Design Locate Request, and the company name of the project Operator. (b) No later than 10 business days after a Design Locate Request has been submitted to the Notification Center for a proposed project, the facility Operator shall respond by one of the following methods: (1) Designate the location of all utility facilities within the area of the proposed excavation; (2) Provide to the person submitting the Design Locale Request the best available description of all utility facilities in the area of proposed excavation which might include drawings of utility facilities already built in the area, or other facility records that are maintained by the facility Operator; or (3) Allow the person submitting the Design Locate Request or any other authorized person to inspect or copy the drawings or other records for all utility facilities within the proposed area of excavation. (c) Operators have the right to recover reasonable and compensatory costs for providing information pursuant to a Design Locale Request. History: Added Jan. 1, 2016, No. 7798, § 1, Sess. L. 2015, p. 129.

Before commencing any excavation activity, an Inquiry Identification Number issued by the Notification Center must be provided to the Department of Planning and Natural Resources. No permit to excavate issued by a government agency is valid unless the excavator has also provided an Inquiry Identification Number issued by the Notification Center to the Department of Planning and Natural Resources. History: Added Jan. 1, 2016, No. 7798, § 1, Sess. L. 2015, p. 129, 130.

(a) The requirements of this chapter apply to government agencies that own or operate underground facilities or that perform excavation or demolition, with the exception of underground emergency repair to traffic control devices used on any street or highway under the agency's jurisdiction. The government agency shall notify the Notification Center of the emergency repair site at the earliest opportunity and take all reasonable precautions to protect any Underground Facility. (b) A government agency that installs, relocates, or improves conduits within the public rights-of-way, including a government agency that receives federal funding in whole or in part to install, relocate, or improve conduits, shall ensure that the conduit is of sufficient size to accommodate use by multiple communication providers for their use in providing service, or shall permit a communications provider to install its own conduit at the option of and cost to the communications provider, and shall place hand-holes and manholes for fiber access and pulling with respect to such conduit at intervals consistent with industry standards and practice. A government agency subject to this section shall provide reasonable notice to communication providers and shall ensure that any requesting communication provider has access to the conduit on a competitively neutral and non-discriminatory basis for a charge not to exceed a cost-based rate. History: Added Jan. 1, 2016, No. 7798, § 1, Sess. L. 2015, p. 130; amended Aug. 3, 2021, No. 8471, § 8(b), Sess. L. 2021, p. 119, 120.

Actions (a) Any person who violates the requirements of this chapter: (1) On the first offense, receives a written warning notification or complete a damage prevention education program provided by the Notification Center. (2) On the second offense within a 12-month period, is subject to a civil penalty for a minimum of $250 and required to repeat the damage prevention education program provided by the Notification Center. (3) On subsequent offenses within a 12-month period, is subject to a civil penalty for a minimum of $500 per violation and referral to the Department of Licensing & Consumer Affairs or the appropriate licensing board. (b) Any person who knowingly and willfully violates any of the provisions of this chapter is subject to a civil penalty in an amount not to exceed $50,000. (c) Any person who willfully or maliciously removes a marking used by an Operator to mark the location of any Underground Facility, except in the ordinary course of excavation, is guilty of a misdemeanor, and, upon conviction thereof, in addition to any order for restitution, shall be punished by a fine of not more than $5,000 for each offense, by imprisonment for not more than one year or by both such fine and imprisonment. (d) Good faith, flagrancy, or magnitude of an offense may permit deviation from subsections (a) and (b). In determining the amount of any penalty, the following must be considered: (1) The nature, circumstances and gravity of the violation; (2) The degree of the person's culpability; (3) The person's history of prior offenses; (4) The persons level of cooperation with the requirements of this regulation; (5) Effect of the penalty on the person's ability to continue business; and (6) The good faith on the part of the person in attempting to remedy the cause of the violation. (e) The Attorney General may bring an action to recover a civil penalty under this section. Any civil penalty imposed pursuant to this section must be paid into the Underground Facility Damage Prevention and Safety Fund. (f) The Department of Planning & Natural Resources shall administer the civil fines and penalties or fines under subsection (a) of this section. For any disputed penalties or fines, the Commissioner of Planning & Natural Resources shall establish an Advisory Committee consisting of impartial representatives from the excavating industry, the locating industry, the Notification Center staff or board of directors, a utility Operator, and the general public. (g) The penalties provided in this chapter are in addition to any other remedy at law or equity available to an excavator or to the Operator of a damaged Underground Facility. (h) No civil penalty may be imposed under this section against an excavator or Operator who violates any this chapter if the violation occurred while the excavator or Operator was responding to a service outage or other emergency; but the penalty must be imposed if the violation was willful or malicious. (i) This section may not be construed to limit any other law granting governmental immunity to government agencies or to impose any liability or duty of care not otherwise imposed by law upon any government agency. (j) Except as otherwise specifically provided in this chapter, this section is not intended to affect any civil remedies otherwise provided by law for personal injury or for property damage. History: Added Jan. 1, 2016, No. 7798, § 1, Sess. L. 2015, p. 130, 131.

(a) Whenever a person has violated, intends to violate, or will violate any provision of this chapter, the Attorney General or any person may institute a civil court action for injunctive relief. (b) If any Underground Facility is damaged as a proximate result of a excavator's failure to comply with the provisions of this chapter, the excavator is liable to the Operator of the Underground Facility for any cost or damage incurred by the Operator in restoring, repairing, replacing its damaged Underground Facility, and other consequential damages, including but not limited to loss of product, loss of use, interruption of service occurring because of the damage or injury to the Underground Facility, together with reasonable costs and expenses of suit, if any, including reasonable attorneys' fees if the Operator is a member of the Notification Center. Additionally, the exactor is liable for any injury or damage to persons or property resulting from the damage to the Underground Facility, and shall indemnify, defend and hold harmless the affected Operator against any and all claims or actions, if any, for personal injury, death, and property damage or service interruption proximately caused by the damage to the Underground Facility. (c) If any Underground Facility is damaged as a proximate result of an Operator's failure to comply this chapter, that Operator shall forfeit any claim for damages to its Underground Facility arising from the excavation against an excavator who has complied with this chapter. The Operator is liable for any reasonable cost or damage incurred directly by the excavator as a result of any delay in the excavation project while the Underground Facility is restored, repaired, replaced together with reasonable costs and expenses of suit, if any, including reasonable attorneys' fees. Additionally, the Operator is liable for any injury or damage to persons or property proximately caused by the Operator's failure to comply with the provisions of this chapter, and shall indemnify, defend and hold harmless the affected excavator against any and all claims or actions, if any, for personal injury, death, property damage or service interruption proximately caused by the Operator's failure to comply. History: Added Jan. 1, 2016, No. 7798, § 1, Sess. L. 2015, p. 131, 132.

Violation of this chapter by an excavator or Operator constitutes negligence per se. History: Added Jan. 1, 2016, No. 7798, § 1, Sess. L. 2015, p. 132.

The Notification Center shall establish a voluntary alternative dispute resolution program in consultation with its members and all affected parties. The alternative dispute resolution program must be available to all Operators, excavators, and other interested parties regarding disputes arising from damage to underground facilities including but not limited to, any cost or damage incurred by the Operator or the excavator as a result of any delay in the excavation project while the Underground Facility is restored, repaired or replaced, exclusive of civil penalties set forth in section 699 of this chapter which cannot be resolved through consultation and negotiation. The alternative dispute resolution program must include mediation, arbitration, or other appropriate process of dispute resolution. The issue of liability and amount of damages under territorial law may be decided by the appointed arbitrator or by the parties in mediation. Nothing in this section may be construed to change the basis for civil liability for damages. History: Added Jan. 1, 2016, No. 7798, § 1, Sess. L. 2015, p. 132.

This chapter does not apply to any individual, private owner of real properly who excavates on the property, not requiring a permit issued by a government agency, and not bordering on public rights-of-way. This exemption does not apply to a contractor or any other professional hired to perform the excavation. This chapter does not apply to making excavation or demolition during an emergency, when the Notification Center is notified at the earliest opportunity and all reasonable precautions have been taken to protect underground facilities. History: Added Jan. 1, 2016, No. 7798, § 1, Sess. L. 2015, p. 132, 133.

An Operator or excavator subject to performance of duties imposed by this chapter may not delegate his responsibilities to any other person or related entity for those duties imposed by this chapter. History: Added Jan. 1, 2016, No. 7798, § 1, Sess. L. 2015, p. 133.

This chapter shall be known as "The Oil Spill Prevention and Pollution Control Act". History: Added Mar. 11, 1974, No. 3538, § 1, Sess. L. 1974, p. 38.

(1) The Legislature finds and declares that the highest and best use of the waters and shorelines of this territory is as a source of public and private recreation. (2) The Legislature further finds and declares that the preservation of this use is a matter of the highest urgency and priority, and that such use can only be served effectively by maintaining the coastal waters, estuaries, beaches and shorelines in as close to a pristine condition as possible, taking into account multiple use accommodations necessary to provide the broadest possible promotion of public and private interests. (3) The Legislature further finds and declares that: (a) The transfer of pollutants between vessels, between onshore facilities and vessels and between offshore facilities and vessels within the jurisdiction of the territory and the territorial waters is a hazardous undertaking; (b) Spills, discharges and escapes of pollutants occurring as a result of procedures involved in the transfer, storage and transportation of such products pose threats of great danger and damage to the environment of the territory, to owners and users of shore front property, to public and private recreation, to citizens of the territory and other interests deriving livelihood from marine related activities, and to the beauty of the territorial shorelines; (c) Such hazards have frequently occurred in the past, are occurring now and present future threats of potentially catastrophic proportions, all of which are expressly declared to be inimical to the paramount interests of the territory as herein set forth; and (d) Such territorial interests outweigh any economic burdens imposed by the Legislature upon those engaged in transferring pollutants and related activities. (4) The Legislature intends by the enactment of this chapter to exercise the police power of the territory by conferring upon the Department of Planning and Natural Resources power to: (a) Deal with the hazards and threats of danger and damage posed by such transfers and related activities; (b) Require the prompt containment and removal of pollution occasioned thereby; and (c) Establish a fund to provide for the inspection and supervision of such activities and guarantee the prompt payment of reasonable damage claims resulting therefrom. (5) The Legislature further finds and declares that the preservation of the public uses referred to herein is of grave public interest and concern to the territory in promoting its general welfare, preventing disease, promoting health and providing for the public safety and that the territory's interest in such preservation outweighs any burdens of absolute liability imposed by the Legislature upon those engaged in transferring pollutants and related activities. (6) The Legislature further declares that it is the interest of this chapter to support and complement applicable provisions of the Federal Water Quality Improvement Act of 1970, specifically those provisions relating to the national contingency plan for removal of oil and other pollutants. History: Added Mar. 11, 1974, No. 3538, § 1, Sess. L. 1974, p. 38; amended June 30, 2000, No. 6353, § 6(a), Sess. L. 2000, p. 82.

When used in this chapter, unless the context clearly requires otherwise: (1) "Department" means the Department of Planning and Natural Resources. (2) "Commissioner" means the Commissioner of the Department of Planning and Natural Resources. (3) "Barrel" means forty-two (42) U.S. gallons at sixty degrees (60 degrees) fahrenheit. (4) "Other measurements" means measurements set by the Department of products transferred at terminals which are other than fluid or which are not commonly measured by the barrel. (5) "Discharge" means any spilling, leaking, seeping, pouring, emitting, emptying or dumping. (6) "Fund" means the Virgin Islands Shoreline Protection Fund. (7) "Pollutants" shall include, but not be limited to, oil of any kind and in any form, gasoline, pesticides, ammonia, chlorine and other hazardous materials. (8) "Pollution" means the presence in the outdoor atmosphere or waters of the territory of any one (1) or more substances or pollutants, in quantities which are or may be potentially harmful or injurious to human health or welfare, animal or plant life, or property or which may unreasonably interfere with the enjoyment of life or property, including outdoor recreation. (9) "Terminal facility" means any waterfront facility of any kind, other than vessels not owned or operated by such facility, and related appurtenances located on land, including submerged lands, or on or under the surface of any kind of water, which facility and related appurtenances are used or capable of being used for the purpose of drilling for, pumping, storing, handling, transferring, processing or refining oil or other pollutants, including, but not limited to, any such facility and related appurtenances owned or operated by a public utility or a governmental or quasi-governmental body. A vessel shall be considered a terminal facility only in the event of a ship-to-ship transfer of oil, petroleum products or their by-products and other pollutants, and only that vessel going to or coming from the place of transfer and the terminal facility. With respect solely to application fees for licenses and annual license fees as required in this chapter, the term "terminal facility" shall not be construed to include the fuel storage tanks or other facilities of any marine service station having no more than twelve hundred gallons of pollutants in storage on the premises. (10) "Owner" or "operator" means any person owning or operating a terminal facility, whether by lease, contract, or any other form of agreement. (11) "Transferred" includes both onloading and offloading between terminal and vessel and vessel to vessel. (12) "Vessel" includes every description of watercraft or other contrivance used, or capable of being used, as a means of transportation on water, whether self-propelled or otherwise, and includes barges and tugs. (13) "Harbor master" means the Executive Director of the Virgin Islands Port Authority or his designee. (14) "Person in charge" means the person on the scene who is in direct, responsible charge of a terminal facility or vessel from which oil or other pollutants are discharged when the discharge occurs. (15) "Discharge cleanup organization" means any group, incorporated or unincorporated, of owners or operators of waterfront terminal facilities and any other person who may elect to join, organized for the purpose of containing and cleaning up discharges of oil and other pollutants through cooperative efforts and shared equipment and facilities. (16) "Person" means any individual, firm, corporation, partnership or other association. History: Added Mar. 11, 1974, No. 3538, § 1, Sess. L. 1974, p. 39; amended June 30, 2000, No. 6353, § 6(a), Sess. L. 2000, p. 82.

Prohibited The discharge of oil, petroleum products or their by-products, and other pollutants into or upon any coastal waters, estuaries, tidal flats, beaches and land adjoining the seacoast of the territory are prohibited. History: Added Mar. 11, 1974, No. 3538, § 1, Sess. L. 1974, p. 41.

(1) The powers and duties conferred by this chapter shall be exercised by the Department and shall be deemed to be an essential governmental function in the exercise of the police power of the territory. The Department may call upon any other department or agency for consultative services and technical advice and the said agencies are directed to cooperate in said request. (2) The powers and duties of the Department under this chapter shall extend to the boundaries of the territory described in section 2 of the Revised Organic Act of the United States Virgin Islands. (3) Licenses required under this chapter shall be issued from the Department subject to such terms and conditions as are set forth in this chapter and as set forth in rules and regulations promulgated by the department as authorized herein. (4) Whenever it becomes necessary for the territory to protect the public interest under this chapter, it shall be the duty of the Department to keep an accurate record of costs and expenses incurred and thereafter diligently to pursue the recovery of any sums so incurred from the Government of the United States under any applicable federal act. History: Added Mar. 11, 1974, No. 3538, § 1, Sess. L. 1974, p. 41.

(1) No person shall operate or cause to be operated a terminal facility as defined in section 703(9) of this chapter without a license. (2) Licenses shall be issued on an annual basis and shall expire on December 31st annually, subject to such terms and conditions as the Department may determine are necessary to carry out the purposes of this chapter. (3) As a condition precedent to the issuance or renewal of a license, the Department shall require satisfactory evidence that the applicant has implemented, or is in the process of implementing, territorial and federal plans and regulations for control of pollution related to oil, petroleum products or their by- products and other pollutants and the abatement thereof when a discharge occurs. (4) Licenses issued to any terminal facility shall include vessels used to transport oil, petroleum products or their by-products and other pollutants between the facility and vessels within territorial waters. (5) The Department may require, in connection with the issuance of a terminal facility license, the payment of a reasonable fee for processing applications for registration certificates. The fee shall be reasonably related to the administrative costs of verifying data submitted pursuant to obtaining the certificates and reasonable inspections; however, the fee shall not exceed $250 per terminal facility per year. (6) No later than December 1, 1974, every owner or operator of a terminal facility shall obtain a license. The Department shall issue a license upon the showing that the registrant can provide all necessary equipment to prevent, contain and remove discharges of oil and other pollutants. (7) On or after a date to be determined by the Department but in no case later than December 1, 1974, no person shall operate or cause to be operated any terminal facility without a terminal facility registration certificate issued by the Department. No registration certificate shall be valid for more than one (1) year unless revalidated by the Department. Each applicant for a terminal facility registration certificate shall pay the annual license fee and shall submit information, in a form satisfactory to the Department, describing the following: (a) The barrel or other measurement capacity of the terminal facility. (b) All containment and removal equipment, including, but not limited to, vehicles, vessels, pumps, skimmers, booms, chemicals and communication devices to which the facility has access, whether through direct ownership or by contract or membership in an approved discharge cleanup organization. (c) The terms of agreement and operation plan of any discharge cleanup organization to which the owner or operator of the terminal facility belongs. (8) Upon showing of satisfactory containment and cleanup capability under this section, and upon payment of any license fee required by the Department under this chapter, the applicant shall be issued a registration certificate covering the terminal facility and related appurtenances, including vessels as defined in section 703 of this chapter. History: Added Mar. 11, 1974, No. 3538, § 1, Sess. L. 1974, p. 42.

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. History: Added Mar. 11, 1974, No. 3538, § 1, Sess. L. 1974, p. 43.

(1) The pilot and the master of a vessel causing a discharge shall be required immediately to report the discharge to the harbor master and to the nearest U.S. Coast Guard station. The harbor master, on being notified of a discharge, shall immediately notify the response team of the Department and the U.S. Coast Guard and shall keep them fully informed of the need for containment equipment and emergency action. (2) The harbor master shall have the authority to enter into any port or terminal facility during normal hours of operation and to board any vessel prior to its entry into port in order to ascertain the seaworthiness of the vessel and the presence of required containment gear. Upon being notified of a discharge the harbor master shall have authority to direct the vessel to anchor immediately or move to a specific dock and deploy containment gear or to move to the open seas and to take such other measures as he deems necessary. The harbor master shall have the additional duty to inspect any terminal facility in his port to determine that adequate containment gear is on hand at the terminal facility. (3) A harbor master who refuses entry of any vessel into the port under his charge shall be required to notify all other ports in the territory of his refusal of entry of that vessel. History: Added Mar. 11, 1974, No. 3538, § 1, Sess. L. 1974, p. 45.

(1) Any person discharging pollutants as prohibited by section 704 of this chapter shall immediately undertake to remove the discharge to the Department's satisfaction. Notwithstanding the above requirement, the Department may undertake the removal of the discharge and may contract and retain agents who shall operate under the direction of the Department. (2) Whenever oil or any other pollutant is discharged from any terminal facility or vessel in violation of section 704 of this chapter the person in charge of the terminal facility or vessel shall promptly remove, or arrange for the removal of, the oil or other pollutant. If the person in charge fails so to act, the Department may arrange for the removal of such pollutant, except that if the oil or other pollutant was discharged into or upon the navigable waters of the United States, the Department shall act in accordance with the national contingency plan for removal of oil or other pollutant established pursuant to the Federal Water Quality Improvement Act of 1970, and the costs of removal incurred by the Department shall be paid in accordance with the applicable provisions of said law. (3) In the event of discharge the source of which is unknown, any local discharge cleanup organization shall, upon the request of the Department or its designee, immediately contain and remove the discharge. No action taken by any person to contain or remove a discharge, whether such action is taken voluntarily or at the request of the Department or its designee, shall be construed as an admission of liability for the discharge. (4) No person who, voluntarily or at the request of the Department or its designee, renders assistance in containing or removing oil or other pollutants shall be liable for any civil damages to their parties resulting solely from acts or omissions of such person in rendering such assistance, except for acts or omissions amounting to gross negligence or willful misconduct. (5) Nothing in this chapter shall affect in any way the right of any person who renders assistance in containing or removing oil or other pollutants to reimbursement for the costs of the containment or removal under the applicable provisions of the Federal Water Quality Improvement Act of 1970 ( 33 U.S.C.A. section 1151 et seq.) or any rights which that person may have against any third party whose acts or omissions in any way have caused or contributed to the discharge of the oil or other pollutants. History: Added Mar. 11, 1974, No. 3538, § 1, Sess. L. 1974, p. 45.

The Department shall establish and maintain at such ports within the territory and other places as it shall determine such employees and equipment, other than equipment furnished by the licensee, as in its judgment may be necessary to carry out the provisions of this chapter. The Department may employ and prescribe the duties of such employees, subject to the rules and regulations of the Division of Personnel. The salaries of the employees and the cost of the equipment shall be paid from the Virgin Islands Coastal Protection Fund established by this chapter. The Department shall periodically consult with other departments of the territory relative to procedures for the prevention of discharges of oil and other pollutants into the coastal waters of the territory from off-shore drilling production facilities. History: Added Mar. 11, 1974, No. 3538, § 1, Sess. L. 1974, p. 46.

(1) The Virgin Islands Coastal Protection Fund is established to be used by the Department as a revolving fund for carrying out the purposes of this chapter. The fund shall be limited to the sum of one million ($1,000,000) dollars. To this fund shall be credited all license fees, penalties and other fees and charges related to this chapter, including administrative expenses, and costs of removal of discharges of pollution. (2) Moneys in the fund not needed currently to meet the obligations of the Department in the exercise of its responsibilities under this chapter shall be deposited with the Commissioner of Finance to the credit of the fund and may be invested in such manner as is provided for by statute. Interest received on such investment shall be credited to the Virgin Islands Coastal Protection Fund. (3) Each registrant shall obtain from the Department a license for each of the terminal facilities of the registrant in the territory and shall pay therefor an annual license fee, the amount of which is to be determined by the Department upon the basis of the total capacity of the terminal facility for oil and other pollutants, but in no event to exceed five hundred ($500) dollars. License fees for a part of a year shall be prorated. (4) Whenever the balance in the fund has reached the limit provided under this section, and as long as it remains so, license fees shall be proportionately reduced to cover only administrative expenses. (5) Moneys in the Virgin Islands Coastal Protection Fund shall be disbursed for the following purposes and no others: (a) Administrative expenses, personnel expenses and equipment costs of the Department related to the enforcement of this chapter. (b) All costs involved in the abatement of pollution related to the discharge of oil or petroleum products or their by-products and other pollutants covered by this chapter and the abatement of other potential pollution hazards as authorized herein. (c) All costs and expenses of the cleanup and rehabilitation of waterfowl and other wildlife, whether performed by the Department or other agency. (6) The Department shall recover to the use of the fund from the person or persons causing the discharge jointly and severally all sums expended therefrom, including overdrafts, under paragraphs (b) and (c) of subsection (5), except that recoveries resulting from damage due to an oil pollution or other similar disaster shall be apportioned between the Virgin Islands Coastal Protection Fund and the general fund so as to repay the full costs to the general fund of any sums disbursed therefrom as a result of such disaster. (a) Requests for reimbursement to the fund for the above costs, if not paid within thirty (30) days of demand, shall be turned over to the Department of Law which shall undertake the collection. (b) Upon petition of the person determined to be liable for reimbursement to the fund for abatement costs under this subsection the Department may, after hearing, waive the right to reimbursement to the fund from such person if the Department finds that occurrence was the result of any of the following: 1. An act of war; 2. An act of government, either territorial or federal; 3. An act of God, which means an unforeseeable act exclusively occasioned by the violence of nature without the interference of any human agency; 4. An act or omission of a third party without regard to whether any such act or omission was or was not negligent. The findings of the Department shall be conclusive, as it is the legislative intent that the waiver provided in this paragraph is a privilege conferred, not a right granted. History: Added Mar. 11, 1974, No. 3538, § 1, Sess. L. 1974, p. 47.

Because it is the intent of this chapter to provide the means for rapid and effective cleanup and to minimize damages, any licensee and its agents or servants, including vessels destined for or leaving a licensee's terminal facility, who permits or suffers a prohibited discharge or other polluting condition to take place within territorial boundaries shall be liable to the territory for all costs of cleanup or other damage incurred by the territory and for damages resulting from injury to others. The territory shall have an absolute maritime lien which shall attach to any vessel and its freight on behalf of the territory or any person injured, for all costs of cleanup and other damages incurred as a result of a prohibited discharge. In any suit to enforce claims of the territory under this chapter, it shall not be necessary for the territory to plead or prove negligence in any form or manner on the part of the licensee or any vessel. If the territory is damaged by a discharge prohibited by this chapter it need only plead and prove the fact of the prohibited discharge or other polluting condition and that it occurred. In addition to the civil penalty, the pilot and the master of any vessel or person in charge of any licensee's terminal facility who fails to give immediate notification of a discharge to the harbor master and nearest U.S. Coast Guard station shall be guilty of a misdemeanor and fined not less than $5,000 nor more than $10,000. The Department shall, by rules and regulations, require that the licensee designate a person at the terminal facility who shall be the person in charge of that facility for the purposes specified by this section. History: Added Mar. 11, 1974, No. 3538, § 1, Sess. L. 1974, p. 48.

(1) Whenever any disaster or catastrophe exists or appears imminent, arising from the discharge of oil, petroleum products or their by-products, or any other pollutants, the Governor shall by proclamation declare the fact and that an emergency exists in any or all sections of the territory. (2) In performing his duties under this section, the Governor is authorized and directed to cooperate with all departments and agencies of the Federal Government, the offices and agencies of other territories, states and foreign countries and the political subdivisions thereof, and private agencies in all matters pertaining to a disaster or catastrophe. (3) In performing his duties under this section, the Governor is further authorized and empowered: (a) To make, amend and rescind the necessary orders, rules and regulations to carry out this section within the limits of the authority conferred upon him and not inconsistent with the rules, regulations and directives of the President of the United States or of any federal department or agency having specifically authorized emergency functions. (b) To delegate any authority vested in him under this section and to provide for the subdelegation of any such authority. (4) Whenever the Governor is satisfied that an emergency no longer exists, he may terminate the proclamation by another proclamation affecting the sections of the territory covered by the original proclamation, or any part thereof. The proclamation shall be published in such newspapers of the territory and posted in such places as the Governor, or any person acting in that capacity, deems appropriate. History: Added Mar. 11, 1974, No. 3538, § 1, Sess. L. 1974, p. 49.

(1) Each owner or operator of a terminal facility or vessel, including any barge, using any port in the United States Virgin Islands shall establish and maintain under rules and regulations prescribed by the Department evidence of financial responsibility based on the capacity of the terminal facility or tonnage of the ship, the cargo carried, and other similar factors to which the vessel could be subjected under this chapter. Financial responsibility may be established and maintained by any one (1), or a combination, of the following methods acceptable to the Department. (a) Evidence of insurance; (b) Surety bonds payable to the Government of the United States Virgin Islands, conditioned to pay all costs and expenses of the cleanup of any discharge as well as damages caused to the territory and any person; (c) Qualifications as a self-insurer; or (d) Other evidence of financial responsibility satisfactory to the Department. (2) A bond filed with the Department shall be issued by a bonding company authorized to do business in the territory. (3) Any claim for costs incurred by a terminal facility or vessel may be brought directly against the insurer or any other person providing evidence of financial responsibility. Any claim for costs, cleanup, civil penalties, or damages by the territory, and any claim for damages by any injured person, may be brought directly against the bond, the insurer, or any other person providing evidence of financial responsibility. (4) Each owner or operator of a terminal facility or a vessel subject to the provisions of this chapter shall designate a person in the territory as his legal agent for service of process under this chapter, and such designation shall be filed with the Office of the Lieutenant Governor. In the absence of such designation the Lieutenant Governor shall be designated agent for purposes of service of process under this chapter. History: Added Mar. 11, 1974, No. 3538, § 1, Sess. L. 1974, p. 50.

(1) It is unlawful for any person, or corporation to store or leave any vessel in a wrecked, junked or substantially dismantled condition or abandoned upon any public waters or at any port in this territory without the consent of the Department of Planning and Natural Resources or docked at any private property without consent of the owner of the private property. (2) (a) The Virgin Islands Department of Planning and Natural Resources is hereby designated as the agency of the territory authorized and empowered to remove any derelict vessel from public waters in any instance when the vessel obstructs or threatens to obstruct navigation, contributes to air or water pollution, or in any other way constitutes a danger or potential danger to the environment. (b) The Department may take or cause a derelict vessel to be taken into custody immediately upon its discovery. Upon taking custody of a derelict vessel the Department shall concurrently: (i) publish a notice of intended disposition once in a newspaper of general circulation; (ii) when possible, post a notice of intended disposition on the vessel; and (iii) serve a duplicate of the notice of intended disposition by certified mail, with a return receipt, on (A) the registered owner of the vessel, if known, at the registered owner's last known address or the address on record with any department or the United States Coast Guard; and (B) all lien holders who have filed a financing statement indexed in the name of the registered owner, or who are shown on the records of any department or the United States Coast Guard. (c) (1) If the vessel is not repossessed within 30 days after the publication or mailing of the notice, whichever occurs later, the Commissioner may dispose of the vessel by negotiated sale; except that when two or more prospective purchasers indicate an interest in purchasing the vessel, the Commissioner shall sell the vessel at public auction to the highest bidder in the manner as prescribed by rules and regulations promulgated hereunder (2) If no prospective purchaser indicates a desire to purchase the vessel, the vessel may be properly disposed of as junk, donated to a governmental agency, or destroyed. (d) This section is not intended to be in contravention of any applicable federal act. History: Added Mar. 11, 1974, No. 3538, § 1, Sess. L. 1974, p. 51; amended Aug. 4, 1978, No. 4176, § 2, Sess. L. 1978, p. 187; Feb. 1, 1985, No. 5036, § 1, Sess. L. 1984, p. 452; June 30, 2000, No. 6353, §§ 6(b), 6(a), Sess. L. 2000, p. 82.

(1) It is unlawful for any person to violate any provision of this chapter or any rule, regulation or order of the Department made hereunder. Violation shall be punishable by a civil penalty of up to $50,000 to be assessed by the Department. Each day during any portion of which the violation occurs constitutes a separate offense. (2) Penalties assessed herein for a discharge shall be the only penalties assessed by the territory, and the assessed person or persons shall be excused from paying any additional penalty for water pollution assessable under chapter 7 of this title for the same occurrence. (3) The penalty provisions of this section shall not apply to any discharge promptly reported and removed by a licensee in accordance with the rules, regulations and orders of the Department. History: Added Mar. 11, 1974, No. 3538, § 1, Sess. L. 1974, p. 51.

The Department shall include in its recommendations to each regular session of the Legislature specific recommendations relating to the operation of this chapter, specifically including a license fee formula to reflect individual licensee experience and a fee schedule based upon volatility and toxicity of petroleum products, their by-products and other pollutants. History: Added Mar. 11, 1974, No. 3538, § 1, Sess. L. 1974, p. 51.

The Department shall submit to each regular session of the Legislature its budget recommendations for disbursements from the fund. History: Added Mar. 11, 1974, No. 3538, § 1, Sess. L. 1974, p. 52.

Nothing in this chapter shall be deemed to apply to the storage or transportation of liquefied petroleum gas or to industrial effluents discharged into the waters or atmosphere of the territory pursuant to a permit issued by the Department. History: Added Mar. 11, 1974, No. 3538, § 1, Sess. L. 1974, p. 52.

of 1978 Notwithstanding any provision in this chapter to the contrary, any person wishing to perform or undertake any development, as defined in Title 12, chapter 21 of this Code, shall obtain a coastal zone permit pursuant to Title 12, chapter 21 of this Code, prior to commencing or undertaking such development. History: Added Oct. 31, 1978, No. 4248, § 7, Sess. L. 1978, p. 313.

This chapter may be cited as the "Virgin Islands Act Regarding Liability for Persons Responding to Oil Spills". History: Added Dec. 9, 1991, No. 5765, Sess. L. 1991, p. 273.

The Legislature of the United States Virgin Islands finds and declares: That on March 24, 1989, an ocean-going oil tanker, the Exxon Valdez, struck a reef and spilled approximately 30,000 tons (216,000 barrels) of oil into Prince William Sound, Alaska, thereby extensively fouling the shoreline of Prince William Sound, and heralding the largest oil spill and cleanup activity in the history of the United States; That thousands of paid and volunteer individuals and community organizations immediately undertook to clean up the oil from the fouled shoreline of Prince William Sound, but that wildlife was adversely affected, and the Alaska fishery industry and the related economy of the Sound was damaged and may take years to recover; That other oil spills of a lesser magnitude have occurred following the Exxon Valdez spill, all of which have to an extent adversely affected the shorelines or waterways of the United States and its Territories; That in part as a response to the need to plan for and undertake a comprehensive response to catastrophic oil spills in United States waters, the Congress of the United States proposed, and the President signed into law on August 18, 1990, The Oil Pollution Act of 1990, (P.L. 101-380); a measure which on final passage garnered the unanimous votes of the House of Representatives (360-0) and the Senate (99-0); That the Oil Pollution Act of 1990 consolidated, on the Federal level, the laws pertaining to oil spill liability, prevention, preparedness and cleanup and affects vessels, oilrigs, oil terminals and businesses which transport, handle or store crude oil and petroleum products; That a principal feature of the Act is a Good Samaritan provision, or a limited responder immunity provision, which seeks to encourage persons, groups and organizations to respond to catastrophic oil spills in the cleanup effort by granting such persons limited immunity from liability for oil removal costs or damages arising from their response activities or missions; That the immunity granted by the Act is limited in scope in that it does not absolve responders for their acts or omissions which result in personal injury or wrongful death, or is caused by gross negligence or willful misconduct; That several states have adopted the federal responder limited immunity standard, including California, Connecticut, Delaware, Florida, Georgia, Hawaii, Louisiana, Maine, Mississippi, New Hampshire, North Carolina, Texas, Virginia and Washington. The legislation is also before several Governors and state legislatures for their consideration; That the Virgin Islands of the United States is a jurisdiction in which a catastrophic oil spill, unless responded to immediately, may have a devastating effect on the environment, wildlife and the economy of the Territory. Further, that the United States Virgin Islands' geographic location in the Atlantic Ocean and Caribbean Sea makes it particularly vulnerable to oil spills from local as well as external sources; That on March 6, 1991, the vessel, Vista Bella, sank in the Atlantic Ocean with its cargo of oil and petroleum products estimated at a half million gallons. That several days later, oil escaping from the vessel entered United States Virgin Islands territorial waters and fouled the coastlines of St. John, St. Thomas and St. Croix, as well as the coastlines of Vieques, Culebra, and southeast Puerto Rico, and the coastlines of other Caribbean island nations; That the Government of the United States Virgin Islands, the United States Coast Guard and other volunteer and responder organizations undertook to and cleaned up the oil spill from the beaches and coastline of the United States Virgin Islands. That the responders participated in the clean up activities without consideration of their potential liability for clean up costs, or for damages to person or property; That it is the sense of the Legislature that persons and responder organizations should be encouraged to assist in oil spill containment and cleanup activities in the United States Virgin Islands in the event of catastrophic oil spills which have the potential for adversely affecting the environment, ecology and economy of the Territory; That in order to encourage further the beneficial activities of oil spill responder groups and organizations, it is hereby declared to be the public policy of the Government of the United States Virgin Islands, that a limitation on the potential liability of such responders should be imposed by the adoption of the federal oil spill responder immunity standard as set forth in The Oil Pollution Act of 1990, at section 4201(a). History: Added Dec. 9, 1991, No. 5765, Sess. L. 1991, p. 273.

For the purposes of this chapter the term: (1) "damages" means damages of any kind for which liability may exist under the laws of the United States Virgin Islands resulting from, arising out of, or related to the discharge or threatened discharge of oil; (2) "discharge" means any emission (other than natural seepage), intentional or unintentional, and includes, but it is not limited to, spilling, leaking, pumping, pouring, emitting, emptying or dumping; (3) "Federal On-Scene Coordinator" means the federal official predesignated by the U.S. Environmental Protection Agency or the U.S. Coast Guard to coordinate and direct federal responses under subpart D, or the official designated by the lead agency to coordinate and direct removal under subpart E, of the National Contingency Plan; (4) "National Contingency Plan" means the National Contingency Plan prepared and published under section 311(d) of The Federal Water Pollution Control Act (33 U.S.C.1321(d), as amended by The Oil Pollution Act of 1990, Pub. L. No. 101-380, 104 Stat. 484 (1990)); (5) "oil" means oil of any kind or in any form, including, but not limited to, petroleum, fuel oil, sludge, oil refuse, and oil mixed with waste other than dredged spoil; (6) "person" means an individual, corporation, partnership, association, state, territory, municipality, commission or political subdivision of a state or any interstate body; (7) "removal costs" means the costs of removal that are incurred after a discharge of oil has occurred or, in any case in which there is a substantial threat of discharge of oil, the costs to prevent, minimize or mitigate oil pollution from such an incident; (8) "responsible party" means a responsible party as defined under Section 1001 of The Oil Pollution Act of 1990, Pub. L. No. 101-380, Stat. 484 (100). History: Added Dec. 9, 1991, No. 5765, Sess. L. 1991, p. 273.

(a) Notwithstanding any other provision of law, a person is not liable for removal costs or damages which result from actions taken or omitted to be taken in the course of rendering care, assistance or advice consistent with the National Contingency Plan or as otherwise directed by the Federal On-Scene Coordinator or by the Territorial official with responsibility for oil spill response. (b) Subsection (a) of this section does not apply: (1) to a responsible party; (2) with respect to personal injury or wrongful death; or (3) if the person is grossly negligent or engages in willful misconduct. (c) A responsible party is liable for any removal costs and damages that another person is relieved of under subsection (a) of this section. (d) Nothing in this section affects the liability of a responsible party for oil spill response under federal or territorial law. History: Added Dec. 9, 1991, No. 5765, Sess. L. 1991, p. 273.

As used in this chapter: (1) "Accident" means an unexpected, undesirable event, caused by the use or presence of a pesticide, which adversely affects humans or the environment. (2) "Active ingredient" means: (A) In the case of a pesticide other than a plant regulator, defoliant or desiccant, an ingredient which will prevent, destroy, repel, or mitigate insects, fungi, rodents, weeds, or other pests. (B) In the case of a plant regulator, an ingredient which, through physiological action, will accelerate or retard the rate of growth or rate of maturation or otherwise alter the behavior of ornamental or crop plants or their produce. (C) In the case of a defoliant, an ingredient which will cause the leaves or foliage to drop from a plant. (D) In the case of a desiccant, an ingredient which will artificially accelerate the drying of plant tissue. (3) "Adulterated" applies to any pesticide if its strength or purity falls below the professed standard or quality as expressed on labeling or under which it is sold, or if any substance has been substituted wholly or in part of the article, or if any valuable constituent of the article has been wholly or in part abstracted. (4) "Agency" means any department or division of the Government of the Virgin Islands, including the University of the Virgin Islands, or of the Government of the United States. (5) "Agricultural commodity" means any plant, or part thereof, or animal or animal product produced by a person primarily for sale, consumption, propagation, or other use by humans or animals. (6) "Animal" means a vertebrate or invertebrate species, including man, other mammals, birds, fish, and shellfish. (7) "Antidote" means a practical treatment used in preventing or lessening ill effects from poisoning, including first aid. (8) "Application of pesticide" means any application of pesticides by ground equipment. (9) "Applicator business" means a person or entity that applies a pesticide or restricted use pesticide as defined in this chapter to the land or property of another for compensation and who: (A) is a licensed commercial applicator; or (B) employs at least one licensed commercial applicator. (10) "Applicator certificates" means a written certificate, issued by the Commissioner authorizing the purchase, possession, or use of "restricted use pesticides" by private and commercial applicators. (11) "Business registration" means the requirement of each person or business providing services of commercial application of pesticides, either entirely or as part of the business, to register with the department. (12) "Certification" means the recognition by a certifying agency that person is competent and thus authorized to use or supervise the use of "restricted pesticides". (13) "Certified applicator" means any person who is certified under this chapter to use or supervise the use of any "restricted use pesticides" covered by this certification. (14) "Commercial application" means any application of any pesticide except as defined in private or residential application of pesticides. (15) "Commercial applicator" means an individual (whether or not he is a private applicator with respect to some uses) who uses or supervises the use of any pesticide which is classified for restricted use for any purpose or on any property other than as provided by the definition of a "private applicator". (16) "Commissioner" means the Commissioner of the Department of Planning and Natural Resources or his designee. (17) "Defoliant" means a substance or mixture of substances intended to cause the leaves or foliage to drop from a plant, with or without causing abscission. (18) "Degradation" means the decomposition of a compound by stages, exhibiting well-defined intermediate products. (19) "Department" means the Department of Planning and Natural Resources. (20) "Desiccant" means a substance or mixture of substances intended to artificially accelerate the drying of plant tissue. (21) "Development" means natural and normal growth before harvest. (22) "Device" means an instrument or contrivance, other than a firearm, that is used to trap, destroy, repel, or mitigate a pest or other form of plant or animal life, other than man or bacteria, virus, or other microorganism on or in living man or other living animals. The term does not include equipment sold separately from a pesticide. (23) "Distribute" means offer for sale, hold for sale, sell, barter, or supply. (24) "Environment" includes water, ground water, air, land, plants, man, and other animals living in or on water, air, or land, and the interrelationships that exist among them. (25) "Equipment" means any type of ground, water, or aerial equipment or contrivance using motorized, mechanical, or pressurized power and used to apply any pesticide to land, or to anything that may be inhabiting or growing or stored on or in the land, but shall not include a pressurized hand-sized household apparatus used to apply a pesticide or any equipment or contrivance of which the person who is applying the pesticide is the source of power or energy used in making such pesticide application. (26) "FIFRA" means the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. Section136 et seq.). (27) "Fungus" means a non-chlorophyll-bearing thallophyte, including rust, smut, mildew, mold, yeast, or bacteria, but not including a non-chlorophyll-bearing thallophyte on or in living man or other living animals or on or in a processed food, beverage, or pharmaceutical. (28) "Fungicide" means any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any fungi. (29) "General use pesticide" means a pesticide which does not meet the criteria for a restricted pesticide under this chapter. (30) "Ground equipment" means any machine or device (other than aircraft) for use on land or water, designed for, or adaptable to use in applying pesticide as spray, dust, aerosol, fog, or in any other form. (31) "Herbicide" means any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any weed. (32) "Inert ingredient" means an ingredient that is not an active ingredient. (33) "Ingredient statement" means: (A) A statement of the name and percentage of each active ingredient, together with the total percentage of the inert ingredients, in the pesticide; and, (B) If the pesticide contains arsenic in any form, a statement of the percentage of total and water- soluble arsenic, each calculated as elemental arsenic. (34) "Insect" means any of the numerous small invertebrate animals generally having segmented body and for the most part belonging to the class Insecta, comprising of six-legged, usually winged forms such as beetles, bugs, bees, and flies. The term includes allied classes of arthropods, the members of which are wingless and usually have more than six legs, such as spiders, mites, ticks, centipedes, and wood lice except those on or in living man. This term shall also include nematodes. (35) "Insecticide" means any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any insects which may be present in any environment whatsoever, except those on or in living man. (36) "Label" means the written, printed, or graphic matter on or attached to a pesticide or device or any of its containers or wrappers. (37) "Labeling" means all labels and other written, printed, or graphic matter: (A) Upon the pesticide or any of its containers or wrappers; (B) Accompanying the pesticide at any time; (C) To which reference is made on the label or in literature accompanying the pesticide, except when accurate, non-misleading reference is made to current official publications of the United States Department of Agriculture or Interior, the United States Public Health Service, state agricultural experiment stations, state colleges of agriculture, or other similar federal institutions or official agencies of the Virgin Islands Government or other states authorized by law to conduct research in the field of pesticides. (38) "Land" means all land or water areas, including airspace, and all plants, animals, structures, buildings, contrivances, and machinery, appurtenant thereto or situated thereon, fixed or mobile, including any used for transportation. (39) "License use category" means a classification of pesticide use based on the subject, method, or place of pesticide application. (40) "Major change in labeling" shall mean any new label or labeling or any amended label or labeling for a pesticide product which contains an active ingredient previously registered and which: (A) results in a major change in the use pattern for the active ingredient; (B) changes the classification of the active ingredient or the product to general use or restricted use; increases the application rate; changes the percent concentration of an active ingredient other than an increase due to changes in methods of analysis; adds a previously-registered active ingredient or deletes any active ingredient; or (C) any other change which significantly increases the potential exposure of any non-target organism or which increases the potential for a significant impact to man, property or the environment. (41) "Misbranded" applies to any pesticide: (A) If its labeling bears any statement, design, or graphic representation relative thereto or to its ingredients which is false or misleading in any particular; (B) If it is an imitation of or is offered for sale under the name of another pesticide; or if its labeling bears any reference to registration under this chapter; (C) If the labeling accompanying it does not contain instructions for use which are necessary and, if complied with, adequate for the protection of the public; (D) If the label does not contain a warning or caution statement which may be necessary and, if complied with, adequate to prevent injury to health and the environment; (E) If the label is not visible and readable on the outside of the marketing package, which is presented or displayed under customary conditions of purchase; (F) If any word, statement, or other information required by or under the authority of this chapter to appear on the labeling is not prominently placed thereon with such conspicuousness (as compared with other words, statements, designs, or graphic matter in the labeling) and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use; (G) If in the case of an insecticide, fungicide, or herbicide, when used as directed or in accordance with commonly recognized practice, it shall be injurious to man or vertebrate animals or vegetation, except weeds, to which it is applied, or to the person applying such pesticide; or (H) If in the case of a plant regulator, defoliant, or desiccant when used as directed it shall be injurious to humans or vertebrate animals, or vegetation to which it is applied, or to the person applying such pesticide; provided, that physical or physiological effects on plants or parts thereof shall not be deemed injurious, when this is the purpose for which the plant regulator, defoliant, or desiccant was applied, in accordance with the label claims and recommendations. (I) If its labeling in any other way fails to conform to the labeling requirements of the Federal Insecticide, Fungicide, and Rodenticide Act of 1972, as amended. (42) "Nematode" means an invertebrate animal of the phylum Nemathelminthes and class Nematoda (an unsegmented roundworm with an elongated, fusiform, or sac-like body covered with cuticle) inhabiting soil, water, plants, or plant parts. (43) "Person" means any individual, organization, partnership, association, fiduciary, corporation, or other entity, including any utility, the Government of the Virgin Islands, the Government of the United States, any department, agency, board, authority, or commission of such governments, any officer or governing body of the foregoing, or any organized group of persons whether incorporated or not. (44) "Pest" means (a) any insect, rodent, nematode, fungus, weed, or (b) any other form of terrestrial or aquatic plant or animal life or virus, bacteria, or other microorganisms (except viruses, bacteria, or other microorganisms on or living in man or other living animals) which is declared to be a pest by the Commissioner. (45) "Pesticide" means (a) a substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any pest, or (b) any substance or mixture of substances intended for use as a plant regulator, defoliant, or desiccant. For the purposes of this chapter, the definition includes herbicides regulated under FIFRA. (46) "Pesticide business" means any person providing commercial application of pesticides for hire. (47) "Plant regulator" means a substance or mixture of substances intended through physiological action to accelerate or retard the rate of growth or rate of maturation, or otherwise to alter the behavior of an ornamental or crop plant or the product of an ornamental or crop plant, but does not include a substance to the extent that it is intended as a plant nutrient, trace element, nutritional chemical, plant inoculants, or soil amendment. (48) "Private applicator" means an individual who uses or supervises the use of any pesticide which is classified for restricted use for purposes of producing any "agricultural commodity" on property owned or rented by him or his employer or, if applied without compensation other than trading on personal services between producers of agricultural commodities on the property of another person. (49) "Registrant" means a person who has registered a pesticide under this chapter. (50) "Regulatory agency" means the Department of Planning and Natural Resources, the agency with responsibility for certifying applicators under this chapter. (51) "Residential lawn application" means the application of general use pesticides to ground, trees, or shrubs on property owned by or leased to the individual making such application. For the purposes of this chapter, the following shall not be considered residential lawn application: (A) the application of pesticide for the purpose of producing an agricultural commodity; (B) the application of pesticides around or near the foundation of a building for the purpose of indoor pest control; (C) the application of pesticides by or on behalf of agencies except that agencies shall be subject to visual notification requirements where such application is within one hundred feet of a dwelling, multiple dwelling, public building or public park; and (D) the application of pesticides on golf courses or other turf surfaces. (52) "Restricted-use pesticide" means any pesticide or pesticide use classified by the Commissioner under the provisions of this chapter or regulations promulgated thereunder for use by certified applicators or persons working under their direct supervision, and any pesticide or pesticide use so classified by the Federal Environmental Protection Agency Administrator. (53) "Rodenticide" means any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating rodents or any other vertebrate animals that the Commissioner shall declare to be a pest. (54) "State" means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, the Trust Territory of the Pacific Islands, and American Samoa. (55) "Target organisms" means those organisms that the pesticide is intended to inhibit or destroy pursuant to its registered labeled usage. (56) "Thallophyte" means a non-chlorophyll-bearing plant of a lower order other than mosses and liverworts. (57) "Unreasonable adverse effects on the environment" means any unreasonable risk to humans or the environment, taking into account the economic, social and environmental costs and benefits of the use of any pesticide. (58) "Weed" means any plant that grows where not wanted. (59) "Worker protection standard" means the federal worker protection standard as found in the Code of Federal Regulations, 40 C.F.R. Parts 156 and 170. History: Added Sept. 22, 2006, No. 6863, § 1, Sess. L. 2006, pp. 173-181.

(a) The provisions of this chapter do not apply to: (1) Any carrier while lawfully engaged in transporting a pesticide within the Virgin Islands, if such carrier shall, upon request, permit the Commissioner or his designee to copy all records showing the transactions in and the movement [of] the pesticides; (2) The manufacturer or shipper of a pesticide for experimental use only: (A) By or under the supervision of an agency of the Government of the Virgin Islands or of the federal government authorized by law to conduct research in the field of pesticides and which has a valid experimental permit issued by the Commissioner, or (B) By others having a valid experimental permit issued by the Commissioner if the pesticide is not sold and if the container thereof is plainly and conspicuously marked "For experimental use only-Not to be sold," together with the manufacturer's name and address. However, if such a written permit has been obtained from the Commissioner, pesticides may be sold for experimental purposes subject to such restrictions and conditions as may be set forth in the permit. (b) An article is not in violation of this chapter when intended solely for export to a foreign country, and when prepared or packed according to the specifications or directions of the purchaser. If not so exported, all of the provisions of this chapter shall apply. (c) Notwithstanding any other provision of this chapter, registration is not required in the case of a pesticide shipped from one plant within the Virgin Islands to another plant within the Virgin Islands operated by the same person. History: Added Sept. 22, 2006, No. 6863, § 1, Sess. L. 2006, pp. 181, 182.

(a) Jurisdiction in all matters pertaining to the distribution, sale, use and transportation of pesticides, is by this chapter, vested exclusively in the Commissioner. (b) All authority vested in the Commissioner by this chapter may be executed with like force by employees of the department designated by the Commissioner; however, all hearings held under this chapter must be conducted by the Commissioner or by a person designated by the Commissioner for that purpose, and any decision rendered after any such hearing must be made by the Commissioner. (c) The Commissioner may, after a hearing: (1) Declare as a pest any form of plant or animal life or virus that is injurious to plants, men, domestic animals, articles, or substances; (2) Determine whether pesticides are highly toxic to humans, and to promulgate a list of such pesticides; (3) Determine standards of coloring or discoloring for pesticides; (4) Promulgate a list of restricted use pesticides and the usages of such pesticides which may be permitted subject to whatever conditions or limitations that the Commissioner considers appropriate to protect the public interest fully; except that no hearing is required on individual additions to the list unless requested sixty days after notice by the applicant or an interested party; and (5) Adopt, promulgate and issue such rules and regulations as the commissioner considers necessary to carry out the provisions of this chapter. However, rules and regulations regarding business registration and certification may be adopted only after a public hearing. Such rules and regulations may prescribe methods to be used in the application of pesticides, including the time, place, manner and method of application and equipment used, and may restrict or prohibit use of materials in designated areas during specified periods of time, and shall encompass all reasonable factors which he deems necessary to prevent damage or injury to health, property and wildlife. Rules and regulations shall be filed in accordance with Title 3, Chapter 35 of Virgin Islands Code and open for public inspection at the offices of the department. The Commissioner shall promulgate a regulation authorizing the use of alternative containers for pesticides by pesticide users. (d) The Commissioner may, after due public hearing, to adopt by regulation such regulations, applicable to and in conformity with the primary standards established by this chapter, as have been or may be prescribed with respect to pesticides by departments or agencies of the United States Government. (e) The Commissioner may require the submission of the complete formula of any pesticide whenever he deems it necessary in the administration of this chapter. The Commissioner, of his own motion or upon complaint, may cause an examination to be made to determine whether any pesticide complies with the requirements of this chapter. If it appears from such examination that a pesticide fails to comply with the provisions of this chapter, the Commissioner shall cause notice to be given to the offending person, and the proceedings shall be as provided in such chapter, provided that pesticides may be seized and confiscated as provided in sections 838 and 839 of this chapter. (f) The Commissioner may cooperate with any other agency of Virgin Islands or its districts or with any agency of any other state or the federal government for the purpose of carrying out the provisions of this chapter and of securing uniformity of regulations. History: Added Sept. 22, 2006, No. 6863, § 1, Sess. L. 2006, pp. 182, 183.

All fees collected pursuant to this chapter and all fines collected through enforcement must be deposited into the Pesticide Control Program Account, which shall be established for this purpose. History: Added Sept. 22, 2006, No. 6863, § 1, Sess. L. 2006, p. 183.

(a) The Commissioner shall take and seal samples of pesticides in the presence of at least one witness and shall tender, and, if accepted, deliver to the person in charge of the pesticide one of such samples. (b) The department shall examine, analyze, or test, or cause to be examined, analyzed or tested the pesticide samples taken under the provisions of this chapter. (c) At least every two years the department shall make public the results of examinations, analyses, trials, and tests of any sample or samples so procured, together with such additional information as circumstances advise. These published results shall be the property of the Virgin Islands and shall not be used for advertising or regulatory purposes by any person or agency, government or otherwise without the Commissioner's permission. History: Added Sept. 22, 2006, No. 6863, § 1, Sess. L. 2006, pp. 183, 184.

Every pesticide that is used, distributed, sold, or offered for sale within the Virgin Islands or delivered for transportation shall be registered every two years with the Office of the Commissioner; provided that any pesticide imported into the Virgin Islands, which is registered under the provisions of any federal act providing for the registration of pesticides may, in the discretion of the Commissioner, be exempted from registration under this chapter, when sold or distributed in the unbroken immediate container in which it was originally shipped. History: Added Sept. 22, 2006, No. 6863, § 1, Sess. L. 2006, p. 184.

The Commissioner may not issue a certificate until the applicator business has furnished evidence of financial responsibility consisting of either a surety bond or a liability insurance policy or certification thereof protecting persons who may suffer damages as a result of the pesticide operations of the applicator business, its employees and its agents. The Commissioner has the power to promulgate the rules and regulations necessary and appropriate to carry out the purposes of this section. History: Added Sept. 22, 2006, No. 6863, § 1, Sess. L. 2006, p. 184.

The applicant shall file with the Commissioner a statement including: (1) The name and address of the applicant and the name and address of the person whose name will appear on the label, if other than the applicant; (2) The name of the pesticide; (3) A complete copy of the labeling accompanying the pesticide and a statement of all claims to be made for it including directions for use; and (4) If requested by the Commissioner, a full description of the tests made and their results upon which the claims are based. In the case of registration of a pesticide that has been registered for the previous year, a statement shall be required only with respect to information which is different from that furnished when the pesticide was last registered. History: Added Sept. 22, 2006, No. 6863, § 1, Sess. L. 2006, pp. 184, 185.

(a) For registration applications subject to review pursuant to subsections (b) through (e) of this section, an application for pesticide registration must be determined by the Commissioner to be complete or incomplete within sixty days after receipt of an application for registration. If the Commissioner does not issue a determination of completeness or incompleteness within sixty days of receipt of an application for registration, the application must be deemed complete. Upon reaching a determination of completeness or incompleteness, the Commissioner shall send written notice to the applicant. If the application is determined to be incomplete, the Commissioner shall include a statement of the reasons for which the application was determined to be incomplete. The resubmission of the application or the submission of additional information in response to a request for additional information must commence a new sixty calendar-day period for department review of the additional information for purposes of determining completeness. (b) The Commissioner shall issue or deny registration of a pesticide that contains an active ingredient not previously registered by the Commissioner or which contains an active ingredient previously registered for which a major change in labeling is proposed within one hundred fifty days of a determination that the application is complete. If registration of the pesticide is not granted or denied within such period, the applicant may submit to the Commissioner, in the form prescribed by the Commissioner, a request to grant or deny the registration. If the registration is not granted or denied within thirty days following the receipt of such a request, the registration must be deemed granted. Any denial of registration must specify the grounds for denial. (c) The Commissioner shall issue or deny registration of a pesticide to meet a special need within sixty days of a determination that such application is complete. If registration of the pesticide is not granted or denied within such period, the applicant may submit to the Commissioner, in the form prescribed by the Commissioner, a request to grant or deny the registration. If the registration is not granted or denied within ten business days following receipt of such a request, the registration must be deemed granted. Any denial of registration must specify the grounds for denial. (d) The Commissioner shall issue or deny registration of a pesticide that contains an active ingredient previously registered and which does not propose a major change in labeling within ninety days of a determination that such application is complete. If registration of the pesticide is not granted or denied within such period, the applicant may submit to the Commissioner, in the form prescribed by the Commissioner, a request to grant or deny the registration. If the registration is not granted or denied within thirty days following the receipt of such a request, the registration shall be deemed granted. Any denial of registration shall specify the grounds for denial. (e) The Commissioner shall grant or deny registration of amended labeling of a pesticide product previously registered, other than a major change in labeling, within thirty days following a determination that the application to register the amended labeling is complete. If registration of the amended labeling is not granted or denied within thirty days of a determination that the application is complete, the applicant may submit, in the form prescribed by the Commissioner, a request to grant or deny registration of the amended labeling. If registration of the amended labeling is not granted or denied within thirty days following receipt of such a request, the registration shall be deemed granted. Any denial shall specify the grounds for denial. (f) At any time during the review of an application to register a pesticide the Commissioner may request reasonable additional information from the applicant with regard to any matter contained in the application when such additional information is necessary for the Commissioner to make a decision on the registration application. A request does not extend any time period within which a registration decision must be made. (g) A request that the Commissioner apply for an emergency exemption from a federal act providing for the registration of pesticides for a use of a pesticide for which no registration has been issued under such federal act must be filed with the Commissioner at least one hundred days before date on which the use is proposed to commence. Within thirty days after receipt of such a request, the Commissioner shall determine whether the materials submitted with the request are adequate to support an application for an emergency exemption, and shall so inform the person submitting the request. If a request is determined to be adequate to support an application for an emergency exemption, the Commissioner shall file an application at least sixty days before the date upon which the use is proposed to commence. (h) Any time period specified in this section may be extended with the consent of the applicant. (i) with respect to all pesticide applications on file with the Department before the enactment of this chapter, the Commissioner shall determine the application be complete or incomplete not later than sixty days after enactment of this chapter. (j) The Commissioner shall promulgate rules and regulations necessary and appropriate to carry out the purposes of this section which include a definition of a complete application to register a pesticide. Regulations defining a complete application to register a pesticide must be promulgated not later than one hundred and eighty days following the enactment of this chapter. History: Added Sept. 22, 2006, No. 6863, § 1, Sess. L. 2006, pp. 185-187.

The Commissioner may, by rules and regulations, set fees. History: Added Sept. 22, 2006, No. 6863, § 1, Sess. L. 2006, p. 187.

The Commissioner may cooperate, receive grants-in-aid, and enter into agreements with any agency of the Federal Government, of this territory or with any agency of another state, to obtain assistance in the implementation of this chapter, or in the enforcement of the Federal Insecticide, Fungicide, and Rodenticide Act, as amended. History: Added Sept. 22, 2006, No. 6863, § 1, Sess. L. 2006, p. 187.

The Commissioner, whenever he considers it necessary in the administration of this chapter, may require the submission of the complete formula of any pesticide. Notwithstanding the provisions of this chapter, information relative to formulas of products acquired by authority of this section may be revealed, when necessary under this section, to an advisory committee, or to any federal or state department or agency consulted, or at a public hearing, or in findings of fact issued by the Commissioner. History: Added Sept. 22, 2006, No. 6863, § 1, Sess. L. 2006, pp. 187, 188.

If it appears to the Commissioner that the composition of the pesticide is such as to warrant the proposed claims for it, and if the pesticide and its labeling and other material required to be submitted comply with the requirements of this chapter, the Commissioner shall register the pesticide. History: Added Sept. 22, 2006, No. 6863, § 1, Sess. L. 2006, p. 188.

If the Commissioner decides that the pesticide does not warrant the proposed claims for it or, if the pesticide and its labeling and other material required to be submitted do not comply with the provisions of this chapter, the Commissioner shall notify the applicant for registration of the manner in which the pesticide, labeling, or other material required to be submitted fail to comply with this chapter so as to afford the registrant an opportunity to make the necessary corrections. If, upon receipt of such notice, the applicant for registration does not make the corrections, the Commissioner shall refuse to register the article, and shall notify the applicant of his action and the reasons for his refusal. Whenever an application for registration is refused, the applicant, within thirty days after service of notice of the refusal, may file a petition requesting that the matter be referred to an advisory committee or may file objections and request a public hearing in accordance with section 818 of this chapter. History: Added Sept. 22, 2006, No. 6863, § 1, Sess. L. 2006, p. 188.

(a) The Commissioner, in accordance with the procedures specified in this chapter, may cancel the registration of a pesticide whenever it does not appear that the article or its labeling or other material required to be submitted complies with the provisions of this chapter. (b) Whenever the Commissioner determines that registration of a pesticide should be canceled, he shall notify the registrant of his action and the reasons therefore. (c) A cancellation of registration is effective thirty days after service of the foregoing notice unless within such time the registrant: (1) makes the necessary corrections; (2) files a petition requesting that the matter be referred to an advisory committee; or (3) files objections and requests a public hearing. History: Added Sept. 22, 2006, No. 6863, § 1, Sess. L. 2006, pp. 188, 189.

The Pesticides Program of the Department, in coordination with the United States Geological Survey, National Water Quality Assessment Program, the Division of Environmental Protection-Water Programs of the Department, and other parties, shall conduct a water quality monitoring program to provide an adequate understanding of the health and environmental impacts of pesticide use in the Virgin Islands. The department shall utilize this program, as it deems necessary, in: making pesticide registration decisions; reviewing suspensions and cancellations of pesticide registrations in the Virgin Islands; and assessing the status, trends, and health impacts of any pesticide contamination of ground and surface waters in the Virgin Islands. History: Added Sept. 22, 2006, No. 6863, § 1, Sess. L. 2006, p. 189.

(a) The Commissioner on his own motion, may at any time refer matters concerning registration. of pesticides or the suspension or cancellation of such registration, to an advisory committee. Each advisory committee must be composed of experts, qualified in the subject matter and of adequately diversified professional background selected by the department and shall include one or more representatives from the University of the Virgin Islands' Cooperative Extension Service. The committee may not have more than seven members. Advisory committee members may not receive a salary or other compensation, but must be reimbursed for their necessary traveling and subsistence expenses while serving away from their places of residence. All costs may be assessed against the petitioner, unless the matter was referred to the advisory committee upon the motion of the Commissioner without a petition. The Commissioner shall furnish the committee with adequate clerical and other assistance, and shall by rules and regulations prescribe the procedures to be followed by the committee. (b) Whenever the applicant or registrant requests an advisory committee hearing or the Commissioner determines that a matter should be referred to an advisory committee, the Commissioner shall submit the application for registration of the article and all relevant data before him to the committee forthwith. The petitioner, as well as representatives of the department have the right to consult with the advisory committee. As soon as practicable after any such submission, but not later than sixty days, the committee shall, after independent study of the data submitted by the Commissioner and all other pertinent information available to it, submit a report and recommendation to the Commissioner as to the registration of the article together with all underlying data and a statement of the reasons or basis for the recommendations. After due consideration of the views of the committee and all other data before him the Commissioner shall, within ninety days after receipt of the report and recommendations of the advisory committee, make his determination and issue an order, with findings of fact, with respect to registration of the article and notify the applicant for registration or registrant of his decision. The applicant for registration, or registrant, may file objections and request a public hearing within sixty days from the date of the Commissioner's order. History: Added Sept. 22, 2006, No. 6863, § 1, Sess. L. 2006, pp. 189, 190.

If a hearing is requested, the Commissioner shall, after due notice, hold a public hearing for the purpose of receiving evidence relevant and material to the issues raised by the objections. Any report, recommendations, underlying data, and reasons certified to the Commissioner by an advisory committee shall be made a part of the record of the hearing, if relevant and material. Upon request of the Commissioner, petitioner, or hearing officer, the advisory committee shall designate one of its members to appear and testify at the hearing with respect to its report and recommendations. However, any other member of the advisory committee may also appear and testify at the hearing. As soon as practicable after completion of the hearing, the Commissioner shall evaluate the data and reports before him, act upon the objections and issue an order granting, denying, or canceling the registration. Such order shall be based only on substantial evidence of record at such hearing, including any report, recommendations, underlying data, and reason certified to the Commissioner by an advisory committee, and shall set forth detailed findings of fact upon which the order is based. In connection with consideration of any registration or application for registration under this section, the Commissioner may consult with any federal agency or any other local government department or agency. History: Added Sept. 22, 2006, No. 6863, § 1, Sess. L. 2006, pp. 190, 191.

Notwithstanding any other provision of this chapter, the Commissioner may, by order, suspend the registration of a pesticide immediately when he finds that such action is necessary to prevent an imminent hazard to the public or any other non-target organism. In such case, he shall give the registrant prompt notice of such action and afford the registrant the opportunity to have the matter submitted to an advisory committee and for an expedited hearing under this chapter. History: Added Sept. 22, 2006, No. 6863, § 1, Sess. L. 2006, p. 191.

Final orders of the Commissioner under this chapter are to be subject to review under title five, chapter ninety-seven of this Code instituted within thirty days after personal service on the applicant for registration or registrant of the Commissioner's order. History: Added Sept. 22, 2006, No. 6863, § 1, Sess. L. 2006, p. 191.

(a) The Commissioner may apply to the United States Environmental Protection Agency for certification pursuant to Section 5 of the Federal Insecticide, Fungicide and Rodenticide Act (as amended) to issue experimental use permits, and to establish by regulation any requirements as are necessary to qualify for such certification. (b) After certification by the Administrator of the United States Environmental Protection Agency to issue experimental use permits, the Commissioner may issue such permits as required for the shipment, delivery, or use of a pesticide product that is to be tested to determine the scope of limitations of its usefulness and the effect of its use on human life and the environment. Such permits may be issued for products for use only in experimental programs under the supervision of qualified persons and broad scale testing under normal conditions of use. The Commissioner may require such information and data concerning the product and the proposed testing program as is deemed necessary to make determinations on the merits of the pesticides being tested. (c) The Commissioner may exempt from the requirement for experimental use permits substances or mixtures of substances in early research stages such as those being put through laboratory or greenhouse tests or limited scale field trials or other tests for the purpose of determining pesticide value and from which the user does not expect to receive any benefit in pest control. History: Added Sept. 22, 2006, No. 6863, § 1, Sess. L. 2006, pp. 191, 192.

A pesticide must be used in accordance with its labeling. Unless the labeling specifically prohibits such use, a pesticide registered for use in the Virgin Islands may be used for agricultural purposes only in a dosage, concentration or frequency less than that specified on the labeling. History: Added Sept. 22, 2006, No. 6863, § 1, Sess. L. 2006, p. 192.

(a) A commercial permit is required for the distribution, sale, offer for sale, purchase for the purpose of re- sale or possession for the purpose of re-sale of a restricted use pesticide. (b) Any person desiring such a permit shall file an application containing such information required by the Commissioner and in a form prescribed by the Commissioner. The Commissioner shall examine the application and shall issue or refuse to issue the permit requested therein. The Commissioner shall impose any restrictions or conditions on the permit he considers appropriate in order to fully protect the public interest. A permit under this section must not be valid for more than two years as determined by the Commissioner. A separate permit is required for each location in the Virgin Islands and a fee shall be assessed in accordance with a fee schedule to be set by the Commissioner pursuant to rules and regulations promulgated by the department pursuant to this chapter. (c) Upon the sale by a commercial permit holder of a restricted use pesticide to a purchase permit holder, the commercial permit holder shall cancel the permit in a manner to be prescribed by the Commissioner. (d) The holder of a commercial permit may purchase restricted use pesticides for re-sale without being required to obtain and present a purchase permit. (e) The holder of a commercial permit must maintain and make available to the Commissioner or his designees, for at least two years, accurate and detailed records accounting for all restricted use pesticides acquired by him and disposed of by him, including, but not limited to dates, names and addresses of all suppliers and the quantities acquired from each, and the names, addresses, permit numbers or certification identification card numbers of all purchasers, and the quantities purchased by each. (f) The reasons for the denial of an application or revocation of a commercial permit may include, but not be limited to, the Commissioner being satisfied of one or more of the following: (1) That any statement in the application or upon which the permit was issued is or was false or misleading; (2) That the applicant or permit holder does not have adequate facilities for the storage and distribution of restricted use pesticides; (3) That the applicant or permit holder has engaged in fraudulent business practices relating to the sale and distribution of pesticides; (4) That the applicant or permit holder has failed to comply with any provision of this chapter or rules and regulations of the department made pursuant thereto; or (5) That the applicant or permit holder has failed to demonstrate that he has sufficient knowledge and experience concerning the proper use and application of pesticides. (g) A formal hearing shall not be required and the Commissioner's decision in denying or revoking a permit shall be final unless the applicant or permit holder institutes a petition for writ of review within the time and in the manner prescribed by title five, chapter ninety-seven of this Code. History: Added Sept. 22, 2006, No. 6863, § 1, Sess. L. 2006, pp. 192, 193.

(a) A purchase permit or certification identification card is required for the purchase, possession or use of a restricted use pesticide. (b) Any person desiring such a permit shall file an application containing such information required by the Commissioner and in a form prescribed by the Commissioner. The Commissioner shall examine the application and shall issue or refuse to issue the permit requested therein. The Commissioner must not issue a permit to so purchase, possess or use a particular pesticide if there is a reasonably less dangerous alternative available capable of performing the task required. The Commissioner shall impose whatever restrictions or conditions on the permit he deems appropriate in order to fully protect the public interest. (c) Upon the purchase by a purchase permit holder of a restricted use pesticide, he shall present this purchase permit and have it cancelled by the commercial permit holder selling the pesticide in a manner to be prescribed by the Commissioner. (d) The reasons for the denial of an application or revocation of a permit may include, but not be limited to, the Commissioner being satisfied of one or more of the following: (1) That any statement in the application or upon which the permit was issued, is or was false or misleading; (2) That the applicant or permit holder failed to justify his need for the quantity and types of restricted use pesticides requested; (3) That the applicant or permit holder stored, applied, used or disposed of any pesticide contrary to the registered labeled usage or contrary to the conditions specified in his permit; (4) That the applicant or permit holder has failed to comply with any provisions of this chapter or rules and regulations of the department made pursuant thereto; or (5) That the applicant or permit holder has failed to demonstrate that he has sufficient knowledge and experience concerning the proper use, application and disposal of pesticides. (6) A formal hearing shall not be required and the Commissioner's decision in denying or revoking a permit shall be final unless the applicant or permit holder institutes a petition for writ of review within the time and in the manner prescribed by title five, chapter ninety-seven of this Code. (7) The Commissioner may exempt holders of a pesticide applicator certification from the requirement of obtaining a purchase permit as provided for herein. The exemption applies only to those restricted use pesticides designated by the Commissioner. History: Added Sept. 22, 2006, No. 6863, § 1, Sess. L. 2006, pp. 193, 194.

(a) Any person who engages in the commercial or private application of pesticides or the sale of restricted use pesticides shall be certified by the Commissioner except as provided in subsection (b) of this section. A certification is not valid unless the certified person also holds a valid identification card issued by the Commissioner. (b) The provisions of this chapter relating to registration and certification do not apply to: (1) residential application of pesticides as defined in this chapter; or (2) private application of a general use pesticide as defined in this chapter. (c) Application for pesticide applicator certification shall be made to the Commissioner. The application shall be on a form prescribed by the Commissioner and shall be accompanied by the fee or fees as provided in section 828 of this chapter. (d) An applicant for certification shall satisfy the Commissioner as to his knowledge and experience concerning the proper use and application of pesticides and pesticide application equipment through examination prior to initial certification. Recertification must be by training, workbook, or examination as required by the Commissioner. (e) Upon certification, the Commissioner shall certify the applicant for the appropriate category of certification and shall issue a certification identification card to the applicant. The certification may restrict the applicant to the use of a certain type or types of equipment or materials. (f) Pesticide applicator certifications are valid for four years, after which every applicator shall recertify according to the requirements then in effect. Certification identification cards are valid for four years. (g) Certified pesticide applicators shall maintain such records and shall furnish such reports concerning the application of pesticides as the Commissioner may require. All records required to be kept under this section must be available for inspection by the Commissioner. (h) Every certified applicator shall, prior to the application of a pesticide within or on the premises of a dwelling, supply the occupants therein with a written copy of the information, including any warnings, contained on the label of the pesticide to be applied. (i) Except as provided herein of this subsection, every certified applicator shall, prior to the application of a pesticide within or on the premises of a multiple dwelling, building, or structure other than a dwelling supply the owner or his agent, with a written copy of the information, including all warnings, contained on the label of the pesticide to be applied. The owner or agent shall make available upon request at reasonable times such information to the occupants or residents of such multiple dwelling, building, or structure. (j) In the case where an occupant of a multiple dwelling unit retains a certified applicator to apply pesticides within such unit, such certified applicator shall, prior to the application of a pesticide, supply any information, including all wings, contained on the label of the pesticides to the occupants. (k) For the purposes of this section: (1) A "dwelling" means any building or structure or portion thereof which is occupied in whole or in part as the home, residence or sleeping place for one or two families; (2) A "multiple dwelling" means any dwelling which is to be occupied by or is occupied as the residence or home of three or more families living independently of each other; (3) A "multiple dwelling unit" means that portion of a multiple dwelling occupied by one or more persons as the residence or home of such persons; and (4) "Premises" means land and improvements or appurtenances or any part thereof. History: Added Sept. 22, 2006, No. 6863, § 1, Sess. L. 2006, pp. 195, 196.

(a) A pesticide business or agency as defined in this chapter shall register with the Commissioner. (b) Applications for pesticide business or agency registration must be made to the Commissioner. The application must be on a form prescribed by the Commissioner and shall provide such information as the Commissioner shall require. (c) An applicant for pesticide business or agency registration shall satisfy standards, as determined by the Commissioner to be appropriate, with respect to knowledge and experience concerning the proper use and application of pesticides and pesticide equipment. (d) Business or agency registration shall be valid for three years. History: Added Sept. 22, 2006, No. 6863, § 1, Sess. L. 2006, pp. 196, 197.

(a) The Commissioner, after due notice and opportunity of hearing to an applicant, certified applicator, or registered pesticide business or agency, may deny an application or revoke a certificate or registration upon a determination that: (1) any statement in the application or upon which the certificate or registration was issued is or was false or misleading; (2) the applicant or certified applicator has been convicted of a felony; (3) the applicant, certified applicator, or registered business or agency applied or used any pesticide contrary to the registered label usage; (4) the applicant, certified applicator, or registered business or agency has engaged in fraudulent business practices in the application of pesticides; (5) the applicant, certified applicator, or registered business or agency has failed to comply with any provision of this chapter or rules and regulations of the department made pursuant thereto; or (6) the applicant or certified applicator has failed to demonstrate that he has sufficient knowledge and experience concerning the proper use and application of pesticides. (b) The Commissioner's determination to refuse or revoke certification or registration shall be final unless the aggrieved party institutes a proceeding under chapter 97, title 5 of this Code within thirty days after service on him by personal service or by certified mail of the Commissioner's order. History: Added Sept. 22, 2006, No. 6863, § 1, Sess. L. 2006, p. 197.

(a) Every applicant for pesticide applicator certification shall pay an examination fee. The fee shall be set by regulation. (b) There shall be fees for commercial pesticide applicator certification in one individual category, with additional fees for each additional category and for each additional sub-category chosen. For private applicators there shall be a fee for the initial certified private applicator and for subsequent applicators on the same farm or business shall be charged at the time of initial certification, renewal of certification or recertification. (c) Pesticide businesses shall pay a registration fee every five years. When the applicant regularly maintains or operates more than one business address, a fee may be required for each of the applicant's business addresses in the Virgin Islands. Any agency that is a governmental agency, public authority, or university is exempt from any fee for registration. (d) All fees must be set by regulation. History: Added Sept. 22, 2006, No. 6863, § 1, Sess. L. 2006, pp. 197, 198.

(a) Prior to any commercial lawn application, the applicator shall enter into a written contract with the owner of the property or his agent specifying the approximate date or dates of application, number of applications, and total cost for the service to be provided and shall supply the property owner or his agent with a written copy in at least 12 point type of: (1) a list of substances to be applied including brand names and generic names of active ingredients; (2) any warnings that appear on the label of pesticides to be applied that are pertinent to the protection of humans, animals or the environment; and (3) the company name, address, telephone number, business registration number and applicator certification identification card number. (b) If an application on the date or dates specified becomes infeasible, the person who is to provide the application shall give the owner or his agent oral or written notice of the proposed alternate date or dates, and must receive acceptance of such alternate date or dates from the owner or his agent prior to initiating commercial lawn application. (c) Persons providing commercial lawn applications shall maintain copies of all contracts required pursuant to subsection (a) of this section. History: Added Sept. 22, 2006, No. 6863, § 1, Sess. L. 2006, pp. 198, 199.

(a) All persons providing commercial lawn application shall affix markers to be placed within or along the perimeter of the area where pesticides will be applied. Markers must be placed so as to be clearly visible to persons immediately outside the perimeter of such property. The markers must be posted at least twelve inches above the ground and shall be at least four inches by five inches in size. (b) The markers required under this section must be in place on the day during which the pesticide is being applied and must instruct persons not to enter the property and not to remove the signs for a period of at least twenty-four hours. The instruction must be printed boldly in letters at least three-eighths of an inch in height. History: Added Sept. 22, 2006, No. 6863, § 1, Sess. L. 2006, p. 199.

All persons providing commercial lawn application must comply with the following provisions in their entirety and without exception, including all applicable definitions as provided in this chapter: (a) All retail establishments that sell general use pesticides for commercial or residential lawn application shall display a sign meeting standards, established by the Commissioner pursuant to subsection (a) of section 832 of this chapter, in a conspicuous place, and such sign shall be placed as close as possible to the place where such pesticides are displayed. (b) At least forty-eight hours prior to any commercial lawn application of a pesticide, the person or business making such application shall supply written notice, as defined in subsection (c) of section 832 of this chapter, to occupants of all dwellings, as defined in subsection (k) of section 825 of this chapter, on abutting property with a boundary that is within one hundred fifty feet of the site of such application; and to owners, owners' agents, or other persons in a position of authority for all other types of premises, as defined in subsection (k) of section 825 of this chapter, that are on abutting property with a boundary that is within one hundred fifty feet of the site of such application. Owners or owners' agents of multiple family dwellings shall supply the written notice to the occupants of such multiple family dwellings and for all other types of premises, owners, owners' agents or other persons in a position of authority shall post such written notice in a manner specified by the Commissioner. The prior notification provisions of this paragraph do not apply to the following: (1) the application of anti-microbial pesticides and anti-microbial products as defined by FIFRA in 7 U.S.C. Section136(mm) and 136q(h)(2); (2) the use of an aerosol product wiFIFRA d7 U.S.C. Section7 containers of eighteen fluid ounces or less, when used to protect individuals from an imminent threat from stinging and biting insects, including venomous spiders, bees, wasps and hornets. This section shall not exempt from notification the use of any fogger product or aerosol product that discharges to a wide area; (3) the use of non-volatile insect or rodent bait in a tamper resistant container; (4) the application of a pesticide classified by the United States Environmental Protection Agency as an exempt material under 40 CFR Part 152.25 ; (5) the application of a pesticide which t40 CFR Part 152.25es Environmental Protection Agency has determined satisfies its reduced risk criteria, including a biopesticide; (6) the use of boric acid and disodium octaborate tetrahydrate; (7) the use of horticultural soap and oils that do not contain synthetic pesticides or synergists; (8) the application of a granular pesticide, where granular pesticide means any ground applied solid pesticide that is not a dust or powder; (9) the application of a pesticide by direct injection into a plant or the ground; (10) the spot application of a pesticide, where spot application means the application of pesticide in a manually pressurized or non-pressurized container of thirty-two fluid ounces or less to an area of ground less than nine square feet; (11) the application of a pesticide to the ground or turf of any cemetery; and (12) an emergency application of a pesticide when necessary to protect against an imminent threat to human health, provided, however, that prior to any such emergency application, the person providing such application shall make a good faith effort to supply the written notice required pursuant to this chapter. Upon making an emergency application, the person making such application shall notify the Commissioner of Health, using a form developed by such commissioner for such purposes that shall include minimally the name of the person making such application, the pesticide business registration number or certified applicator number of the person making such application, the location of such application, the date of such application, the product name and United States Environmental Protection Agency registration number of the pesticide applied and the reason for such application. (c) All persons performing residential lawn applications treating an area more than one hundred square feet shall affix markers to be placed within or along the perimeter of the area where pesticides will be applied. Markers are to be placed so as to be clearly visible to persons immediately outside the perimeter of such property. The markers must be posted at least twelve inches above the ground and shall be at least four inches by five inches in size. The markers required pursuant to this paragraph must be in place on the day during which the pesticide is being applied and shall instruct persons not to enter the property and not to remove the signs for a period of at least twenty-four hours. The instruction must be printed boldly in letters at least three-eighths of an inch in height. History: Added Sept. 22, 2006, No. 6863, § 1, Sess. L. 2006, pp. 199-201.

The Commissioner has the power to promulgate the following rules and regulations necessary and appropriate to carry out the purposes of this title. (a) Rules and regulations establishing uniform standards for a consumer pesticide use information sign which shall be placed in retail establishments that sell general use pesticides for commercial or residential lawn application. This sign shall contain the following information: (1) a warning notice directing consumers to follow directions on labels; (2) a provision to inform the customer of the posting requirements set forth in subsection (c) of section 831 of this chapter; and (3) a recommendation that the customer notify neighbors prior to the application of pesticides so that such neighbors may take precautions to avoid pesticide exposure. (b) The Commissioner shall prepare and publish, in consultation with the Commissioner of Health, educational materials explaining the requirements of subsections (b) and (c) of section 831 of this chapter and the human and environmental health effects of lawn care pesticides. (c) The Commissioner shall promulgate rules and regulations specifying the content and form of the written notice required in subsection (b) of section 831 of this chapter, with the content consisting minimally of the following: (1) the address of the premises where application is to be done; (2) the name and telephone number and pesticide business registration number or certified applicator number of the person providing the application; (3) the specific date of each pesticide application and two alternative dates to the proposed date of application when, due to weather conditions, the pesticide application on the proposed date is precluded; (4) the product name or names and the United States Environmental Protection Agency registration number or numbers of the pesticide or pesticides to be applied; (5) a prominent statement that reads: "This notice is to inform you of a pending pesticide application to neighboring property. You may wish to take precautions to minimize pesticide exposure to yourself, family members, pets or family possessions. Further information about the product or products being applied, including any warnings that appear on the labels of such pesticide or pesticides that are pertinent to the protection of humans, animals or the environment, can be obtained by calling the National Pesticides Information Center at 1-800-858-7378. (d) The Commissioner shall promulgate rules and regulations specifying: the manner in which persons providing commercial lawn application shall supply written notice as required under subsection (b) of section 831 of this chapter. (e) The Commissioner may promulgate rules and regulations, not inconsistent with any other provisions of law, specifying procedures for the Department's investigation and processing of alleged violations of subsection (c) of section 831 of this chapter that pertain to persons performing residential lawn applications. Such uniform procedures may require complaints to be in the form of a sworn statement containing the facts upon which an alleged violation is based and may provide that the department is not required to perform any testing or sampling in relation to the investigation of any such alleged violations. History: Added Sept. 22, 2006, No. 6863, § 1, Sess. L. 2006, pp. 201-203.

(a) The Commissioner shall, upon written request of an interested party, in printed form or on a diskette in computerized data base format, provide the information on pesticides submitted to the department pursuant to sections 834 and 835 of this title. The Commissioner must not provide the name, address, or any other information which would otherwise identify a commercial or private applicator, or any person who sells or offers for sale restricted use or general use pesticides to a private applicator, or any person who received the services of a commercial applicator. Proprietary information contained within such record, including price charged per product, must not be disclosed. (b) The fees for copies of information must not exceed the actual cost of reproducing any information. History: Added Sept. 22, 2006, No. 6863, § 1, Sess. L. 2006, p. 203.

(a) All commercial applicators shall maintain pesticide use records for each pesticide application containing the following: (1) EPA registration number; (2) product name; (3) quantity of each pesticide used; (4) date applied; (5) location of application by address (including five-digit zip code). The records must be maintained for a period of not less than three years. All commercial applicators shall file an annual report containing such information with the department on computer diskette or in printed form on or before February first for the prior calendar year. All commercial applicators shall also maintain corresponding records of the dosage rates, methods of application and target organisms for each pesticide application. The records must be maintained on an annual basis and retained for a period of not less than three years and shall be available for inspection upon request by the department. Failure to maintain records or file reports as required above may subject the violator to penalties under section 836. (b) Every person who sells or offers for sale restricted use pesticides to private applicators shall issue a record to the private applicator of each sale of a restricted use pesticide or a general use pesticide used in agricultural crop production to such applicator. The record of each sale must include the following: (1) EPA registration number; (2) product name of the pesticide purchased; (3) quantity of the pesticide purchased; (4) date purchased; (5) location of intended application by address (including five-digit zip code) or if address is unavailable by town or city, including five-digit zip code, then the location of intended application differs from the billing address that appears on the record. (c) Every person that sells or offers for sale restricted use pesticides to private applicators shall file, annually, a report or reports containing such information with the department on computer diskette or in painted form on or before February first for the prior calendar year. Failure to file said report may result in penalties as per section 836. The department must not use the reports filed pursuant to this paragraph for enforcement purposes. (d) All private applicators shall maintain, at a minimum, records of the restricted pesticides purchased, crop treated by such, method of application, and date of application or applications. This information must be maintained on an annual basis and retained for a minimum of three years, and shall be available for inspection upon request by the department. History: Added Sept. 22, 2006, No. 6863, § 1, Sess. L. 2006, pp. 203-205.

Pesticides (a) Each person manufacturing or compounding a registered restricted use pesticide in the Virgin Islands, or importing or causing a registered restricted use pesticide to be imported into this territory for use, distribution, or storage, shall maintain records of all sales within the territory during the preceding year of each restricted use pesticide product which he or she has imported, manufactured or compounded. The record of each restricted use pesticide product must include: (1) EPA registration number; (2) container size; and (3) number of containers sold to Virgin Islanders purchasers. (b) The records must be maintained for a period of not less than three years. All manufacturers and importers shall file an annual report containing such information with the department on computer diskette or in printed form on or before February first for the prior calendar year. History: Added Sept. 22, 2006, No. 6863, § 1, Sess. L. 2006, p. 205.

It is unlawful: (a) For any person to distribute, sell, offer for sale or use within the Virgin Islands or deliver for transportation or transport in intrastate commerce or between points within the Virgin Islands through any point outside the Virgin Islands any of the following: (1) Any pesticide which has not been registered pursuant to the provisions of this chapter or any pesticide if any of the claims made for it or any of the directions for its use differ in substance from the representations made in connection with its registration, or if the composition of a pesticide differs from its composition as represented in connection with its registration; provided that in the discretion of the Commissioner a change in the labeling or formula of a pesticide may be made within a registration period without requiring re-registration of the product. (2) Except as specified in regulation authorizing alternative pesticide containers, any pesticide unless it is in the registrant's or the manufacturer's unbroken immediate container, and there is affixed to such container, and to the outside container or wrapper of the retail package, if there be one, through which the required information on the immediate container cannot be clearly read, a label bearing: (A) The name and address of the manufacturer, registrant, or person for whom manufactured; (B) The name, brand, or trade-mark under which said [pesticide] is sold; and (C) The net weight or measure of the content; subject, however, to such reasonable variations as the Commissioner may permit. (3) Any pesticide which contains any substance or substances in quantities highly toxic to humans, determined as provided in section 804 of this chapter, unless the label shall bear, in addition to any other matter required by this chapter: (A) The skull and crossbones; (B) The word "poison" prominently, in red, on a background of distinctly contrasting color; and (C) A statement of an antidote for the pesticide. (4) The pesticide commonly known as standard lead arsenate, basic lead arsenate, calcium arsenate, magnesium arsenate, zinc arsenate, zinc arsenite, sodium fluoride, sodium fluosilicate, and barium fluosilicate, unless they have been distinctly colored or discolored as provided by regulations issued in accordance with this chapter, or any other white powder pesticide which the Commissioner, after investigation of and after public hearing on the necessity for such action for the protection of the public health and the feasibility of such coloration or discoloration, shall, by regulation, require to be distinctly colored or discolored; unless it has been so colored or discolored; provided, that the Commissioner may exempt any pesticide to the extent that it is intended for a particular use or uses from the coloring or discoloring required or authorized by this section if he determines that such coloring or discoloring for such use or uses is not necessary for the protection of the public health. (5) Any pesticide which is adulterated or misbranded. (b) For any person to detach, alter, deface, or destroy, in whole or in part, any label or labeling provided for in this chapter or regulations promulgated hereunder, or to add any substance to, or take any substance from, a pesticide in a manner that may defeat the purpose of this chapter. (c) For any person to use for his own advantage or to reveal, other than to the Commissioner or proper officials or employees of the Virgin Islands government or to the courts of the Virgin Islands in response to a subpoena, or to physicians, or in emergencies to pharmacists and other qualified persons, for use in the preparation of antidotes, any information relative to formulas of products acquired by authority of this chapter. (d) For any person to store or dispose of any pesticide, or of any container that holds or has held a pesticide, except in compliance with the rules and regulations of the Commissioner. (e) For any person to distribute, sell, offer for sale, purchase for the purpose of re-sale, or possess for the purpose of re-sale any restricted use pesticide without a commercial permit issued by the Commissioner. (f) For a commercial permit holder to sell restricted use pesticides except to the holder of a non-cancelled purchase permit or to the holder of a commercial permit or a certified applicator. (g) For any person to purchase or possess, except for the purpose of re-sale, or use any restricted use pesticide without a purchase permit issued by the Commissioner or without being a certified applicator. (h) For any person to engage in application of pesticides without a pesticide applicator certificate registration issued by the Commissioner, except while working under the direct supervision of a certified applicator. (i) For any person or business to engage in the business of applying pesticides unless the business is registered by the Commissioner. (j) For any person to remove or dispose of a seized or quarantined pesticide by sale or otherwise without the Commissioner's permission. (k) For any person to fail to maintain or provide reports pursuant to section 834. History: Added Sept. 22, 2006, No. 6863, § 1, Sess. L. 2006, pp. 205-208.

In no event shall registration of a pesticide, be construed as a defense for the commission of any offense prohibited under subsections (a) through (g) of section 836. History: Added Sept. 22, 2006, No. 6863, § 1, Sess. L. 2006, p. 208.

(a) Any pesticide that is distributed, sold, offered for sale or used within the Virgin Islands or delivered for transportation or transported in intrastate commerce or between points within the Virgin Islands through any point outside the Virgin Islands may be seized for confiscation or be made the subject of a stop-use order: (1) If it is adulterated or misbranded, or if it has not been registered as required under this chapter; (2) If it fails to bear on its label the information required by this chapter; (3) If it is a white powder pesticide and is not colored as required under this chapter; (4) If a permit required by this chapter has not been issued in respect to such pesticide; or (5) If there is probable cause to believe a pesticide is being used in violation of any provision of this chapter or rules or regulations promulgated pursuant to any such provision of this chapter. (b) Whenever the Commissioner or his authorized representative shall find distributed, sold, exposed or offered for sale within the Virgin Islands any pesticide that is adulterated or misbranded as defined in this chapter, or which fails to bear on its label the information required by this chapter, or which is not colored or registered as required under this chapter, or for which a permit has not been issued for its sale, offer for sale, purchase, possession or use as required by this chapter, he may seize or destroy such pesticide. (c) Whenever the Commissioner finds, or has probable cause to believe, that a pesticide is being used in violation of any provision of this chapter or rules and regulations promulgated pursuant thereto, the Commissioner may issue a stop-use order requiring the user of the pesticide immediately to cease using such pesticide and immediately to remove such pesticide to the specified location. Within thirty days after issuance of a stop-use order, the Commissioner shall either rescind the stop-use order or commence a proceeding to seize and destroy such pesticides. History: Added Sept. 22, 2006, No. 6863, § 1, Sess. L. 2006, pp. 208, 209.

(a) Whenever the Commissioner finds, or has probable cause to believe, that any pesticide is adulterated or misbranded or improperly labeled, or is not colored within the meaning of this chapter, or is not registered as required under this chapter, or for which a permit has not been issued for its sale, offer for sale, purchase, possession or use as required by this chapter, he may affix to such pesticide a tag or other appropriate marking giving notice that such pesticide is or is suspected of being adulterated or misbranded, or improperly labeled, or not colored or registered as required under this chapter, or for which a permit has not been issued for its sale, offer for sale, purchase, possession or use as required by this chapter, and has been quarantined, and warning all persons not to remove or dispose of the pesticide, by sale or otherwise, until permission for removal or disposal is given by the Commissioner or his authorized representative. (b) Before destruction of any pesticide following seizure or quarantine, the Commissioner shall give the owner, proprietor or custodian of such pesticide ten days' notice in writing, to be served either personally or by mail, of a hearing for the owner, proprietor, or custodian, to show cause why such pesticide should not be destroyed or otherwise disposed of in accordance with the provisions of law. (c) Following such hearing, the Commissioner shall render a decision in writing and filed with the department, and a copy thereof shall be served either personally or by mail on the owner, proprietor, or custodian of such pesticide, but formal findings of fact shall not be required to be made or filed. The decision is subject to proceedings for writ of review under title five, chapter ninety-seven of this Code instituted within thirty days after service upon by the owner, proprietor or custodian of such pesticide of a copy of the Commissioner's decision. (d) Whenever any pesticide is seized or quarantined as provided in this section, the destruction and disposition the pesticide, together and any necessary storage, handling or other incidentals between the time of seizure or quarantine and the destruction and disposition thereof, is the responsibility, both financially and otherwise, of the owner, proprietor or custodian of such pesticide; provided, however, that such destruction and disposition must be carried out only under the direction and immediate supervision of the Commissioner or his duly authorized representative. History: Added Sept. 22, 2006, No. 6863, § 1, Sess. L. 2006, pp. 209, 210.

(a) The Commissioner, or any officer of the department when authorized by the Commissioner, may investigate and report as to all matters within or pertaining to the powers and jurisdiction of the department for the purpose of carrying into effect the provisions of this chapter and the rules of the department made pursuant thereto. (b) To aid in the administration of this chapter, the Commissioner or any person designated by him may issue subpoenas in the Commissioner's name requiring the attendance and giving of testimony by witnesses and the production of books, papers and other evidence for any hearing, proceeding or investigation conducted or to be conducted by or before the department. Service of such a subpoena, enforcement of obedience thereto, and punishment for disobedience thereof shall be had as in the manner provided by the civil practice law and rules relating to enforcement of any subpoena issued by a court of the Virgin Islands except that in the case of hearings, proceedings, or investigations before or conducted by the department neither any person certified to apply pesticides nor the holder of a business registration issued pursuant to this chapter, nor an employee of such registration holder or, nor [sic] an officer or stockholder in a registered corporation, when required to attend as a witness, shall be entitled to any subpoena fee or mileage. Any member of the department or any person who may be designated hereunder by the department to hold hearings may administer oaths to witnesses. The department also may provide for the taking of depositions of witnesses for the purpose of any such hearing. In such case, the officer, employee or other person may administer oaths to the witnesses whose depositions are to be taken. Each deposition shall be reduced to writing and subscribed by the deponent. History: Added Sept. 22, 2006, No. 6863, § 1, Sess. L. 2006, pp. 210, 211.

In any investigation, hearing or inquiry, conducted pursuant to this chapter or the rules of the department made pursuant thereto, the Commissioner, or his deputy or other officer presiding at such investigation, hearing or inquiry, may confer immunity in accordance with title 14 of this Code. History: Added Sept. 22, 2006, No. 6863, § 1, Sess. L. 2006, p. 211.

(a) Administrative sanctions. Except as otherwise provided in this subsection, any person who violates any provision of this chapter or any rule, regulation or order issued thereunder or commits any offense described in section 836 of this chapter shall be liable to the people of the Virgin Islands for a civil penalty not to exceed five thousand dollars for a first violation, and not to exceed ten thousand dollars for a subsequent offense, to be assessed by the Commissioner after a hearing or opportunity to be heard. Notwithstanding any provision of law to the contrary, an owner or owner's agent of a multiple dwelling or owner, owner's agent or a person in a position of authority for all other types of premises, as such terms are defined in subsection (k) of section 825 of this chapter, who violates subsection (b) of section 831 of this chapter and a person who violates subsection (c) of section 831 of this chapter, for a first such violation, in lieu of a penalty, be issued a written warning and shall also be issued educational materials pursuant to subsection (c) of section 832 of this chapter. Such person shall, however, for a second violation, be liable to the people of the Virgin Islands for a civil penalty not to exceed one hundred dollars, and not to exceed two hundred fifty dollars for any subsequent violation, such penalties to be assessed by the Commissioner after a hearing or opportunity to be heard. Notwithstanding any provision of law to the contrary, any person who violates subsection (b) of section 831 of this chapter, shall be issued a warning for the first violation and shall be provided seven days to correct such violation; and shall be liable to the people of the Virgin Islands for a civil penalty not to exceed one hundred dollars for a second violation, and not to exceed two hundred fifty dollars for a subsequent violation, to be assessed by the Commissioner after a hearing or opportunity to be heard. The Commissioner, acting by the attorney general, may bring suit for collection of such assessed civil penalty which may be released or compromised by the Commissioner before the matter has been referred to the attorney general; and where such matter has been referred to the attorney general; any such penalty may be released or compromised and any action commenced to recover the same may be settled and discontinued by the attorney general with the consent of the Commissioner. Any civil penalty assessed by the Commissioner under this subsection shall be reviewable in a proceeding under title five, chapter ninety-seven of this Code. (b) Civil sanctions. In lieu of seeking administrative sanctions, the Commissioner may refer any violation described in subsection (a) of this section to the attorney general who shall be empowered to bring a civil suit to seek any of the sanctions described in subsection (a) of this section. Any such sanctions imposed may be released or compromised or the action may be settled and discontinued by the attorney general with the consent of the Commissioner. (c) Criminal sanctions. Any person who having the culpable mental states defined in title 14 of this Code, violates any provision of this chapter or any rule, regulation thereunder or commits any offense described in section 836, except an offense relating to the application of a general use pesticide, shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not to exceed $5,000 for each day during which the violation continues or by imprisonment for a term of not more than one year, or by both such fine and imprisonment. If the conviction is for a subsequent offense committed after a first conviction of such person under this subsection, punishment shall be by a fine not to exceed $10,000 for each day during which such violation continues or by imprisonment for a term of not more than one year, or by both such fine and imprisonment. When a violation consists of the manufacture or production of any prohibited article, each day during which or any part of which such manufacture or production is carried on or continued, shall be considered a separate violation. Any person who violates any provision of this chapter or any rule or regulation thereunder or commits any offense described in section 836 of this chapter relating to the use of a general use pesticide shall be guilty of a violation and, upon conviction thereof, shall be punished by a fine not to exceed $2,500. If the conviction is for a subsequent offense committed after the first such conviction of such person under this subsection, punishment must be by a fine not to exceed five thousand dollars. With respect to violations of section 831 of this chapter, penalties imposed pursuant to this subsection may be assessed only against a person providing a commercial lawn application. (d) When a violation consists of the sale, or the offering or exposing for sale or exchange of any prohibited article or substance, the sale of each one of several packages constitute a separate violation, and each day on which any such article or substance is offered or exposed for sale or exchange constitutes a separate violation. When the use of any such article or substance is prohibited, each day during which or any part of which such article or substance is so used or wished for use, constitutes a separate violation, and the furnishing of the article or substance for use to each person to whom the article or substance may be furnished constitutes a separate violation. When the storage of any article is prohibited beyond a certain period, each day during which or any part of which any article is so stored beyond the period provided for by this chapter constitutes a separate violation. (e) This section does not affect the rights of any other person seeking damages arising out of a violation. History: Added Sept. 22, 2006, No. 6863, § 1, Sess. L. 2006, pp. 211-213.

Any person knowingly aiding or abetting any other person in the violation of any provision of this chapter or any rule, regulation, or order of the department made pursuant thereto is subject to the same punishment and penalty as that prescribed by this chapter for the violation by such other person. History: Added Sept. 22, 2006, No. 6863, § 1, Sess. L. 2006, p. 213.

Whenever it appears that any person is violating or threatening to violate any provision of this chapter or any rule, regulation or order issued thereunder or is committing any offense described in section 836 of this chapter, the department, acting by the attorney general, may bring suit against such person in any court of competent jurisdiction to restrain the person from continuing the violation or from carrying out the threat of violation. In any such suit, the court has jurisdiction to grant to the department without bond or other undertaking, such prohibitory or mandatory injunctions as the facts may warrant, including temporary restraining orders or preliminary injunctions. History: Added Sept. 22, 2006, No. 6863, § 1, Sess. L. 2006, p. 213.

In construing and enforcing the provisions of this chapter or this title relating to penalties, the act of a director, officer, agent or other person acting for or employed by a person, association or corporation subject to the provisions of this chapter and acting within the scope of his employment, shall be deemed the act of such person, association or corporation. History: Added Sept. 22, 2006, No. 6863, § 1, Sess. L. 2006, p. 214.

Except as otherwise provided in this chapter, all moneys recovered, either as fines, penalties, forfeitures or otherwise, for the violation of any of the provisions of this chapter or of the rules of the department, and all bail forfeited by persons charged with such violations, is the property of the Virgin Islands. History: Added Sept. 22, 2006, No. 6863, § 1, Sess. L. 2006, p. 214.

If any provision of this chapter is declared unconstitutional, or the applicability thereof to any person or circumstance is held invalid, by a court of competent jurisdiction, the constitutionality of the remainder of the chapter, and the applicability thereof to other persons and circumstances shall not be affected. History: Added Sept. 22, 2006, No. 6863, § 1, Sess. L. 2006, p. 214.

This chapter may be cited as the Virgin Islands Pesticide Control Act. History: Added Sept. 22, 2006, No. 6863, § 1, Sess. L. 2006, p. 214.

This chapter shall be known and may be cited as the Virgin Islands Coastal Zone Management Act of 1978. History: Added Oct. 31, 1978, No. 4248, § 1, Sess. L. 1978, p. 282.

For the purposes of this chapter, and unless the context otherwise requires: (a) "Aggrieved person" means any person, including the applicant, who, in connection with a decision or action of the Commission on an application for a major coastal zone permit either appeared in person or through representatives at a public hearing of the Commission on said application, or prior to said decision or action informed the Commission in writing of the nature of his concern, or on an application for a minor coastal zone permit informed the Commissioner in writing prior to said decision or action of the nature of his concern, or who for good cause was unable to do any of the foregoing. (b) "Areas of particular concern" means areas in the coastal zone that require special and more detailed planning analyses and the preparation of special plans and implementation mechanism. (c) "Board" means the Board of Land Use Appeals established in Title 29, chapter 3 of this Code. (d) "Coastal dependent development or use" means any development or use which requires a site on, or adjacent to, the sea to be able to function effectively. (e) "Coastal Land and Water Use Plan" means the comprehensive plan for the development of the first tier of the coastal zone which is intended to serve as a policy guide for decision-making relative to development activities within this tier. (f) "Coastal waters" means sea, as that term is defined in subsection (x) herein, as well as those waters adjacent to the shorelines which contain a measurable quantity or percentage of seawater, including, but not limited to, sounds, bays, lagoons, bayous, ponds and estuaries. (g) "Coastal zone" means all land and water areas of the Territory of the United States Virgin Islands extending to the outer limits of the territorial sea, specified on the maps identified in section 908, subsection (a) of this chapter, and is composed of two parts, a first tier and a second tier. (h) "Coastal Zone Management Program" means the program prepared by the Virgin Islands Planning Office for the management of the Coastal Zone of the Virgin Islands and submitted by the Governor of the United States Virgin Islands to the U.S. Department of Commerce pursuant to section 306, subsection (c), paragraph 4 of the Federal Coastal Zone Management Act of 1972 (P.L. 92-583). (i) "Coastal zone permit" means a permit for any development within the first tier of the coastal zone that is required pursuant to section 906 of this chapter. (j) "Commission" means the Coastal Zone Management Commission as created by section 904 of this chapter. (k) "Commissioner" means the Commissioner of Conservation and Cultural Affairs. (l) "Development" means the placement, erection, or removal of any fill, solid material or structure on land, in or under the water; discharge or disposal of any dredged material or of any liquid or solid waste; grading, removing, dredging, mining, or extraction of any materials, including mineral resources; subdivision of land pursuant to Title 29, chapter 3 of this Code; construction, reconstruction, removal, demolition or alteration of the size of any structure; or removal or harvesting of vegetation, including coral. Development shall not be defined or interpreted to include activities related to or undertaken in conjunction with the cultivation, use or subdivision of land for agricultural purposes which do not disturb the coastal waters or sea, or any improvement made in the interior of any structure. (m) "Emergency" means an unexpected situation that poses an immediate danger to life, health or property and demands immediate action to prevent or mitigate loss or damage to life, health, property or essential public services. (n) "Environment" means the physical, social and economic conditions which exist within the area which will be affected by a proposed project. (o) "Environmental Assessment Report" means an informational report prepared by the permittee available to public agencies and the public in general which, when required by this chapter, shall be considered by the Commission prior to its approval or disapproval of an application for a major coastal zone permit. Such report shall include detailed information about the existing environment in the area of a proposed development, and about the effects which a proposed development is likely to have on the environment; an analysis and description of ways in which the significant adverse effects of such development might be mitigated and minimized; and an identification and analysis of reasonable alternatives to such development. (p) "Feasible" means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social and technological factors. (q) "Fill" means earth or any other substance or material, including pilings placed for the purposes of erecting structures thereon, placed in a submerged area. (r) "First tier" means that area extending landward from the outer limit of the territorial sea, including all offshore islands and cays, to distances inland as specified in the maps incorporated by reference in section 908, subsection (a) of this chapter. (s) "Major coastal zone permit" means a permit required for development within the coastal zone, which development is not "minor development" as defined in section 910, subsection (c) of this chapter. (t) "Minor coastal zone permit" means the permit required for development defined in section 910, subsection (c) of this chapter. (u) "Permit" means any license, certificate, approval, or other entitlement for use granted or denied by any public agency. (v) "Person" means any individual, organization, partnership, association, corporation or other entity, including any utility, the Government of the United States Virgin Islands, the Government of the United States, any department, agency, board, authority or commission of such governments, including specifically the Virgin Islands Port Authority and the Virgin Islands Water and Power Authority, and any officer or governing or managing body of any of the foregoing. (w) "Public Agency" means Government of the United States, the Government of the United States Virgin Islands or any department, agency, board, authority, or commission of either government, including specifically the Virgin Islands Port Authority and the Virgin Islands Water and Power Authority, and any officer or governing or managing body of any of the foregoing. (x) "Sea" means the Atlantic Ocean, the Caribbean Sea and all coastal waters including harbors, bays, coves, channels, estuaries, salt ponds, marshes, sloughs and other areas subject to tidal action through any connection with the Atlantic Ocean or the Caribbean Sea, excluding streams, tributaries, creeks and flood control and drainage channels. (y) "Second tier" means the interior portions of the Islands of St. Thomas, St. John and St. Croix, including all watersheds and adjacent land areas not included in the first tier. (z) "Shorelines" means the area along the coastline of the United States Virgin Islands from the seaward line of low tide, running inland a distance of fifty feet, or to the extreme seaward boundary of natural vegetation which spreads continuously inland, or to a natural barrier, whichever is the shortest distance. Whenever the shore is extended into the sea by or as a result of filling, dredging or other man-made alteration activities, the landward boundary of the shorelines shall remain at the line previously established. (aa) "Significant natural area" means land and/or water areas within the coastal zone of major environmental value, including fish or wildlife habitat areas, valuable biological or natural productivity areas; and unique or fragile coastal ecological units or ecosystems which require special treatment and protection. (bb) "Structure" means anything constructed or erected which requires location or placement on or in the ground, the submerged land, or coastal waters, or which is attached to something located in or on the ground, the submerged lands, or coastal waters. (cc) "Submerged and filled lands" means all lands in the United States Virgin Islands permanently or periodically covered by tidal waters up to, but not above, the line of mean high tide, seaward to a line three geographical miles distant from the coastline of the United States Virgin Islands, and all artificially made, filled in, or reclaimed lands, salt ponds and marshes which were formerly permanently or periodically covered by tidal waters. (dd) "Trust lands" means all submerged and filled land conveyed pursuant to Public Law 93-435, 88 Statutes 1210, by the United States to the Government of the United States Virgin Islands to be administered in trust for the benefit of the people of the United States Virgin Islands. (ee) "Vested rights" means the rights obtained by a person to complete development without having to obtain a coastal zone permit where, prior to the effective date of this chapter, such person has obtained the necessary permit or permits, issued by the appropriate public agency(ies), which would have been sufficient to legally authorize such development prior to said effective date. History: Added Oct. 31, 1978, No. 4248, § 1, Sess. L. 1978, p. 282.

(a) The Legislature hereby finds and declares that: (1) the coastal zone, and the lands and waters thereof, constitute a distinct and valuable natural resource of vital importance to the people and economy of the United States Virgin Islands; (2) the protection of the natural and scenic resources of the coastal zone is of vital concern to present and future residents of the United States Virgin Islands; (3) title to certain submerged and filled lands surrounding the United States Virgin Islands has been conveyed in trust to and is held in trust by the Government of the United States Virgin Islands for the benefit of the people of the United States Virgin Islands; (4) the shorelines provide a constant source of food and recreation to, and enhance all aspects of the lives of, the people of the United States Virgin Islands, and the public has made frequent, uninterrupted and unobstructed use of the shorelines throughout Danish and American sovereignty; (5) to promote the public safety, health and welfare, and to protect public and private property, wildlife, ocean resources and the natural environment, it is necessary to preserve the ecological balance of the coastal zone, and to prevent its deterioration and destruction; (6) there has been uncontrolled and uncoordinated development of the shorelines and attempts to curtail the use of the shorelines by the public; (7) improper development of the coastal zone and its resources has resulted in land use conflicts, erosion, sediment deposition, increased flooding, gut and drainage fillings, decline in productivity of the marine environment, pollution and other adverse environmental effects in and to the lands and waters of the coastal zone, and has adversely affected the beneficial uses of the coastal zone by the people of the United States Virgin Islands; (8) the present system of regulatory controls in the United States Virgin Islands affecting the coastal zone consists of fragmented or overlapping laws and regulations which are not properly coordinated and which when taken together do not constitute a comprehensive or adequate response to the needs of the people of the United States Virgin Islands to protect, and to effect the best use of, the resources of the coastal zone; and (9) there exists no comprehensive program for the overall management, conservation and development of the resources of the coastal zone, for the prevention of encroachment on natural areas in the coastal zone by urbanized developments and for the avoidance of irreversible commitments of coastal zone resources which provide short-terms benefits at the cost of adverse effects on the long- term productivity and amenity of the coastal zone environment. (b) The Legislature hereby determines that the basic goals of the United States Virgin Islands for its coastal zone are to: (1) protect, maintain, preserve and, where feasible, enhance and restore, the overall quality of the environment in the coastal zone, the natural and man-made resources therein, and the scenic and historic resources of the coastal zone for the benefit of residents of and visitors of the United States Virgin Islands; (2) promote economic development and growth in the coastal zone and consider the need for development of greater than territorial concern by managing: (1) the impacts of human activity and (2) the use and development of renewable and nonrenewable resources so as to maintain and enhance the long-term productivity of the coastal environment; (3) assure priority for coastal-dependent development over other development in the coastal zone by reserving areas suitable for commercial uses including hotels and related facilities, industrial uses including port and marine facilities, and recreation uses; (4) assure the orderly, balanced utilization and conservation of the resources of the coastal zone, taking into account the social and economic needs of the residents of the United States Virgin Islands; (5) preserve, protect and maintain the trust lands and other submerged and filled lands of the United States Virgin Islands so as to promote the general welfare of the people of the United States Virgin Islands; (6) preserve what has been a tradition and protect what has become a right of the public by insuring that the public, individually and collectively, has and shall continue to have the right to use and enjoy the shorelines and to maximize public access to and along the shorelines consistent with constitutionally-protected rights of private property owners; (7) promote and provide affordable and diverse public recreational opportunities in the coastal zone for all residents of the United States Virgin Islands through acquisition, development and restoration of areas consistent with sound resource conservation principles; (8) conserve ecologically significant resource areas for their contribution to marine productivity and value as wildlife habitats, and preserve the function and integrity of reefs, marine meadows, salt ponds, mangroves and other significant natural areas; (9) maintain or increase coastal water quality through control of erosion, sedimentation, runoff, siltation and sewage discharge; (10) consolidate the existing regulatory controls applicable to uses of land and water in the coastal zone into a single unified process consistent with the provisions of this chapter, and coordinate therewith the various regulatory requirements of the United States Government; (11) promote public participation in decisions affecting coastal planning conservation and development. History: Added Oct. 31, 1978, No. 4248, § 1, Sess. L. 1978, p. 286.

(a) There is hereby created within the Department of Conservation and Cultural Affairs a Coastal Zone Management Commission composed of the Commissioner of Conservation and Cultural Affairs, who shall be a non-voting member, ex officio, the Director of the Virgin Islands Planning Office who shall be a non- voting member, ex officio, and fifteen other members appointed by the Governor with the advice and consent of the Legislature. Of the fifteen appointed members, five shall reside on St. Croix, five shall reside on St. Thomas and five shall reside on St. John. Ex officio members of the Commission may appoint a designee to serve at his or her pleasure who shall have all the powers and duties of such member pursuant to this chapter. The Commission shall elect a Chairman from among its members. Eight voting members of the Commission shall constitute a quorum for the transaction of all business of the Commission. A majority of those voting members present shall decide on all matters before the Commission. The Commission may adopt such other rules as it deems necessary to conduct its business. (b) There are created within the Coastal Zone Management Commission three Commission Committees: one of such Committees shall consist of the members who reside on St. Croix, one of such Committees shall consist of the members who reside on St. Thomas and one of such Committees shall consist of members who reside on St. John. Each Committee shall exercise the full authority of the Commission over the issuance of Coastal Zone Permits within the jurisdiction of the Commission pertaining solely to the respective resident island of the Committee. Each Committee shall elect a Chairman from its members. A quorum of each Coastal Zone Management Committee shall consist of three of its members. A majority of those present shall decide on all matters before a Commission Committee. (c) Appointed members of the Commission shall serve a term of two years and may be reappointed. Upon the conclusion of the term of any appointed member of the Commission, such person shall continue to serve until a new member has been appointed. The appointed members of the Commission shall receive the sum of $50 for each day or part thereof spent in the performance of their duties. Every member of the Commission shall be reimbursed for necessary travel, subsistence and other expenses actually incurred in the discharge of his duties as a member of the Commission. Appointed members of the Commission may be removed by the Governor for cause. (d) In addition to all powers specifically assigned the Commission by this chapter, the Commission shall have the primary responsibility for the implementation of the provisions of this chapter. The Department of Conservation and Cultural Affairs as directed by the Commission is hereby designated as the territorial coastal zone management agency for the purpose of exercising powers set forth in the Federal Coastal Zone Management Act of 1972 or any amendment thereto or any other federal act heretofore or hereafter enacted that relates to the management of the coastal zone except for those activities or programs presently being carried out by any other agency of the Government of the United States Virgin Islands or which the Governor may assign to any other agency. In addition to other authority, the Commission may grant or issue any certificate or statement required pursuant to any federal law that an activity of any person is in conformity with the provisions of this chapter. (e) The Commission shall prepare and submit to the Legislature of the United States Virgin Islands for adoption any additional plans and undertake any studies it deems necessary and appropriate to better accomplish the purposes, goals and policies of this chapter. (f) The Commission shall evaluate progress being made towards the implementation of the provisions of this chapter and shall submit a report to the Governor and Legislature on an annual basis. (g) The Commission shall promulgate rules and regulations necessary to carry out the provisions of this chapter; provided, however, that no such rules or regulations shall be promulgated unless public hearings are held by the Commission after appropriate notice as hereinafter provided. Any rules and regulations promulgated pursuant to this chapter may be modified, amended or revised by the Legislature in accordance with the provisions of subsection (b), section 913, Title 3 of this Code. (h) Division of Coastal Zone Management. There is hereby established within the Department of Conservation and Cultural Affairs a Division of Coastal Zone Management, the powers and duties of which are, without limitation, to assist the Commission and Commissioner in administering and enforcing the provisions of this chapter. History: Added Oct. 31, 1978, No. 4248, § 1, Sess. L. 1978, p. 289; amended Sept. 28, 1990, No. 5636, § 1(d), Sess. L. 1990, p. 346.

(a) Nothing in this chapter shall be construed as amending or altering in any way the existing zoning designations of lands within the United States Virgin Islands or the Zoning District Maps adopted pursuant to Title 29, chapter 3, of this Code. (b) Every use permitted under an existing zoning designation of lands pursuant to sections 227 and 228, Title 29, chapter 3, of this Code shall be permitted provided the use is consistent with the provisions of sections 903, 906 and 910 of this chapter. (c) This chapter is not intended, and shall not be construed as authorizing the Commission, Commissioner or any public agency acting pursuant to this chapter to exercise their power to grant or deny a permit in a manner which will take or damage private property for public use without the payment of just compensation therefor. This chapter is not intended to increase or decrease the rights of any owner of property under the Revised Organic Act of the United States Virgin Islands or Constitution of the United States. (d) In carrying out the provisions of this chapter, conflicts between the policies of this chapter shall be resolved in the manner which is the most protective of significant coastal resources. (e) No provision of this chapter is a limitation on any of the following: (1) except as otherwise specifically limited by territorial or federal law, on the power of any public agency to adopt and enforce additional regulations, not in conflict with this chapter, imposing further conditions or restrictions on land or water uses or other activities which might adversely affect coastal zone resources; (2) on the power of the Government of the United States Virgin Islands to declare, prohibit and abate nuisances or to bring an action in the name of the people of the United States Virgin Islands to enjoin any waste or the pollution of resources of the coastal zone; and (3) on the right of any person to maintain an appropriate action for relief against a private nuisance or for any other private relief. (f) Nothing herein contained shall be construed to abridge or alter vested rights obtained in a development in the first tier coastal zone prior to the effective date of this chapter or any occupancy permit or lease of trust lands or other submerged or filled lands issued prior to the effective date of this chapter, except to the extent provided in said occupancy permit or lease. (g) No person who has obtained all necessary and required permits to construct or undertake development in the coastal zone and who, prior to the effective date of this chapter, has commenced construction of such development in good faith, shall be required to secure approvals for such development pursuant to this chapter; provided, however, that notwithstanding subsections (g) and (h) of this section, no substantial change may be made in any such development without prior approval having been obtained in accordance with the provisions of this chapter. (h) Nothing herein contained shall be construed to repeal, alter, abrogate, annul or in any way limit, diminish, impair or interfere with any of the following, but shall be held and construed as auxiliary and supplementary thereto: (1) any easements, covenants or other agreements between parties to the extent that such easements, covenants, or agreements impose greater restrictions upon the use or alteration of land or water in the coastal zone than the requirements of this chapter; (2) any, or all rights the public has acquired by whatever means to use, traverse, enjoy or occupy lands or waters or both in the coastal zone as of the effective date of this chapter by reason of express or implied dedication or otherwise; (3) the Commissioner's authority to administer and enforce any other provision of law related to, involving or affecting the coastal zone; and (4) any laws of the United States Virgin Islands relating to air or water quality, air or water pollution, oil spill prevention or earth change. (5) [Repealed.] (i) All public agencies of the Government of the United States Virgin Islands shall cooperate with the Commission, its Committees, and Commissioner in the administration and the enforcement of this chapter. All public agencies of the Government of the United States Virgin Islands currently exercising regulatory authority in the coastal zone shall administer such authority consistent with the provisions of this chapter and the rules and regulations promulgated hereunder. History: Added Oct. 31, 1978, No. 4248, § 1, Sess. L. 1978, p. 291; amended Apr. 7, 1982, No. 4700, § 1, Sess. L. 1982, p. 65; Aug. 11, 1986, No. 5188, § 1(b), Sess. L. 1986, p. 200; Dec. 31, 1987, No. 5293, § 1, Sess. L. 1987, p. 157.

Consistent with the basic goals set forth in section 903(b) of this chapter, and except as may otherwise be specifically provided in this chapter, the policies set forth in this section shall apply to all proposed developments in the first tier of the coastal zone, and no such development shall be approved which is inconsistent with such goals and policies. (a) Development policies in the first tier shall be as follows: (1) to guide new development to the maximum extent feasible into locations with, contiguous with, or in close proximity to existing developed sites and into areas with adequate public services and to allow well-planned, self-sufficient development in other suitable areas where it will have no significant adverse effects, individually or cumulative, on coastal zone resources; (2) to give highest priority to water dependent uses, particularly in those areas suitable for commercial uses including resort hotels and related facilities, industrial uses including port and marine facilities, and recreation; to give secondary priority to those uses that are water-related or have special siting needs; and to discourage uses which are neither water-dependent, water-related nor have special siting needs in areas suitable for the highest and secondary priority uses; (3) to assure that new or expanded public capital improvement projects will be designed to accommodate those needs generated by development or uses permitted consistent with the Coastal Land and Water Use Plan and provisions of this chapter; (4) to assure that all new subdivisions, in addition to the other requirements contained in this chapter and in the Virgin Islands Zoning and Subdivision Law, are physically suitable for the proposed sites and are designed and improved so as to avoid causing environmental damage or problems of public health; (5) to encourage waterfront redevelopment and renewal in developed harbors in order to preserve and improve physical and visual access to the waterfront from residential neighborhoods and commercial downtown areas; (6) to assure that development will be cited and designed to protect views to and along the sea and scenic coastal areas, to minimize the alteration of natural land forms, and to be visually compatible with the character of surrounding areas; (7) to encourage fishing and carefully monitor mariculture and, to the maximum extent feasible, to protect local fishing activities from encroachment by non-related development; (8) to assure that dredging or filling of submerged lands is clearly in the public interest; and to ensure that such proposals are consistent with specific marine environment policies contained in this chapter. To these ends, the diking, filling or dredging of coastal waters, salt ponds, lagoons, marshes or estuaries may be permitted in accordance with other applicable provisions of this chapter only where there are no feasible, less environmentally-damaging alternatives and, where feasible, mitigation measures have been provided to minimize adverse environmental effects, and in any event shall be limited to the following: (i) maintenance dredging required for existing navigational channels, vessel berthing and mooring areas; (ii) incidental public service purposes, including but not limited to the burying of cables and pipes, the inspection of piers and the maintenance of existing intake and out-fall lines; (iii) new or expanded port, oil, gas and water transportation, and coastal dependent industrial uses, including commercial fishing facilities, cruise ship facilities, and boating facilities and marinas; (iv) except as restricted by federal law, mineral extraction, including sand, provided that such extraction shall be prohibited in significant natural areas; and (v) restoration purposes; (9) to the extent feasible, discourage further growth and development in flood-prone areas and assure that development in these areas is so designed as to minimize risks to life and property; (10) to comply with all other applicable laws, rules, regulations, standards and criteria of public agencies. (b) Environmental policies in the first tier shall be as follows: (1) to conserve significant natural areas for their contributions to marine productivity and value as habitats for endangered species and other wildlife; (2) to protect complexes of marine resource systems of unique productivity, including reefs, marine meadows, salt ponds, mangroves and other natural systems, and assure that activities in or adjacent to such complexes are designed and carried out so as to minimize adverse effects on marine productivity, habitat value, storm buffering capabilities, and water quality of the entire complex; (3) to consider use impacts on marine life and adjacent and related coastal environment; (4) to assure that siting criteria, performance standards, and activity regulations are stringently enforced and upgraded to reflect advances in related technology and knowledge of adverse effects on marine productivity and public health; (5) to assure that existing water quality standards for all point source discharge activities are stringently enforced and that the standards are continually upgraded to achieve the highest possible conformance with federally-promulgated water quality criteria; (6) to preserve and protect the environments of offshore islands and cays; (7) to accommodate offshore sand and gravel mining needs in areas and in ways that will not adversely affect marine resources and navigation. To this end, sand, rock, mineral, marine growth and coral (including black coral), natural materials, or other natural products of the sea, excepting fish and wildlife, shall not be taken from the shorelines without first obtaining a coastal zone permit, and no permit shall be granted unless it is established that such materials or products are not otherwise obtainable at reasonable cost, and that the removal of such materials or products will not significantly alter the physical characteristics of the area or adjacent areas on an immediate or long-term basis; or unless the Commission has determined that a surplus of such materials or products exists at specifically designated locations; (8) to assure the dredging and disposal of dredged material will cause minimal adverse affects to marine and wildlife habitats and water circulation; (9) to assure that development in areas adjacent to environmentally-sensitive habitat areas, especially those of endangered species, significant natural areas, and parks and recreations areas, is sited and designed to prevent impacts which would significantly degrade such areas; (10) to assure all of the foregoing, development must be designed so that adverse impacts on marine productivity, habitat value, storm buffering capabilities and water quality are minimized to the greatest feasible extent by careful integration of construction with the site. Significant erosion, sediment transport, land settlement or environmental degradation of the site shall be identified in the environmental assessment report prepared for or used in the review of the development, or described in any other study, report, test results or comparable documents. (c) Amenity policies in the first tier shall be as follows: (1) to protect and, where feasible or appropriate, enhance and increase public coastal recreational uses, areas and facilities; (2) to protect and enhance the characteristics of those coastal areas which are most valued by the public as amenities and which are scarce, or would be significantly altered in character by development, or which would cause significant environmental degradation if developed; (3) to preserve agricultural land uses in the coastal zone by encouraging either maintenance of such present agricultural use or use as open-space areas; (4) to incorporate visual concern into the early stages of the planning and design of facilities proposed by siting in the coastal zone and, to the extent feasible, maintain or expand visual access to the coastline and coastal waters; (5) to foster, protect, improve, and ensure optimum access to, and recreational opportunities at, the shoreline for all the people consistent with public rights, constitutionally-protected rights of private property owners, and the need to protect natural resources from overuse; (6) to ensure that development will not interfere with the public's right of access to the sea where acquired through customary use, legislative authorization or dedication, including without limitation the use of beaches to the landward extent of the shoreline; (7) to require, in the discretion of the appropriate Committee of the Commission, that public access from the nearest public roadway to the shoreline be dedicated in land subdivisions or in new development projects requiring a major coastal zone permit. Factors to be considered in requiring such dedication of public access include (i) whether it is consistent with public safety or protection of fragile coastal zone resources; (ii) whether adequate public access exists nearby; (iii) whether existing or proposed uses or development would be adversely affected; (iv) consideration of the type of shoreline and its appropriate potential recreational, educational, and scientific uses; and (v) the likelihood of trespass on private property resulting from such access and availability of reasonable means for avoiding such trespass. Dedicated accessways shall not be required to be open to public use until a public agency or private association agrees to accept responsibility for providing off-street parking areas and for maintenance and liability of the accessway, shoreline and beach areas. Nothing in this subsection shall be construed as restricting existing public access nor shall it excuse the performance of duties and responsibilities of public agencies as provided by law to acquire or provide public access to the shoreline. This provision shall not be construed as requiring free use of private facilities on land adjoining any beach or shoreline but only as requiring access to the beach or shoreline to the general public as a condition precedent to the grant of a coastal zone permit. History: Added Oct. 31, 1978, No. 4248, § 1, Sess. L. 1978, p. 293.

The Coastal Land and Water Use Plan, identified as Document Numbers LWUP-1-4, inclusive, are hereby approved and shall be implemented. This plan shall be used to the maximum extent feasible as the long- range guide by the Commission, Commissioner, Virgin Islands Planning Office and any other agency of the Government of the United States Virgin Islands, in reviewing and recommending zoning amendments, capital improvement programs or projects, public land acquisition or disposition, designating areas of particular concern, and other development activities within the first tier of the coastal zone, but excluding development activities requiring a coastal zone permit under section 910 of this chapter. The Coastal Land and Water Use Plan is not intended to change any of the existing zoning district maps, or place any limitations on any of the uses permitted in the zoning districts established pursuant to Title 29, chapter 3, of this Code. History: Added Oct. 31, 1978, No. 4248, § 1, Sess. L. 1978, p. 297.

The boundaries and identification of the coastal zone, including the first and second tier established by this chapter, are shown on the Coastal Zone Management Plan Maps, identified as Document Number STCZM-1 to 5, SCCZM-1 to 11, SJCZM-1 to 4, and OICZM-1, inclusive, which are filed in the Office of the Lieutenant Governor (with copies in the offices of the Commissioner and the Virgin Islands Planning Office), and shall be interpreted by the Commissioner. Such maps are hereby declared to be part of this chapter as if fully set forth herein. History: Added Oct. 31, 1978, No. 4248, § 1, Sess. L. 1978, p. 297.

The Commission may recommend, after reasonable notice and public hearings, designation of areas of particular concern within the first tier of the coastal zone and submit such recommendations to the Legislature for adoption. In recommending the designation of areas of particular concern, criteria for selection and implementing actions shall be included in a report prepared and adopted by the Commission. History: Added Oct. 31, 1978, No. 4248, § 1, Sess. L. 1978, p. 297.

(a) When required, terms and conditions. (1) On or after the effective date of this chapter, any person wishing to perform or undertake any development in the first tier of the coastal zone, except as provided in subsection (b) of this section, shall obtain a coastal zone permit in addition to obtaining any other permit required by law from any public agency prior to performing or undertaking any development. (2) A permit shall be granted for a development if the appropriate Committee of the Commission or the Commissioner, whichever is applicable, finds that (A) the development is consistent with the basic goals, policies and standards provided in sections 903 and 906 of this chapter; and (B) the development as finally proposed incorporates to the maximum extent feasible mitigation measures to substantially lessen or eliminate any and all adverse environmental impacts of the development; otherwise the permit application shall be denied. The applicant shall have the burden of proof to demonstrate compliance with these requirements; and (C) the applicant has presented certification from the Bureau of Internal Revenue and Department of Finance that the applicant has filed and paid all taxes, penalties and interest and from the Office of the Lieutenant Governor that the applicant has filed its required annual report or has satisfactorily made agreement to pay the taxes or file the required reports. (3) Any coastal zone permit that is issued shall be subject to terms and conditions imposed by the appropriate Committee of the Commission or the Commissioner, whichever is applicable, in order to ensure that such development will be in accordance with the provisions of this chapter. To this end, any of the development provisions in section 299 of Title 29, chapter 3, of this Code may be made more or less restrictive by the appropriate Committee of the Commission in the case of a major coastal zone permit and more restrictive by the Commissioner in the case of a minor coastal zone permit. (4) In connection with any land subdivision or major coastal zone permit issued for development adjacent to the shoreline, the appropriate Committee of the Commission may require the dedication of an easement or a fee interest in land for reasonable public access from public highways to the sea in accordance with section 906, subsection (c), paragraph (7) of this chapter. (b) When not required or may be waived. (1) Notwithstanding any provision in this chapter to the contrary, no coastal zone permit shall be required pursuant to this chapter for activities related to the repair or maintenance of an object or facility located in the coastal zone, where such activities shall not result in an addition to, or enlargement or expansion of, such object or facility. (2) Where immediate action by a person or public agency performing a public service is required to protect life and public property from imminent danger, or to restore, repair, or maintain public works, utilities or services destroyed, damaged, or interrupted by natural disaster or serious accident, or in other cases of emergency, the requirement of obtaining a permit under this section may be waived by the appropriate Committee of the Commission or the Commissioner upon notification to the Commissioner of the type and location of the work, the length of time necessary to complete the work and the name of the person or public agency conducting the work. (c) Standards for major and minor coastal zone permits. A major coastal zone permit shall be issued by the appropriate Committee of the Commission for all approved applications for development except: (1) a development which is to be conducted completely or substantially seaward of the line of mean high tide and is designated by the appropriate Committee of the Commission pursuant to subsection (e), paragraph (5) of this section; or (2) a development which is to be conducted completely landward of the line of mean high tide and satisfies one of the following criteria: (A) The development consists of a subdivision on five parcels or less on five parcels or less, or the construction of one or two single-family residences or a duplex, or the construction of any three- family dwelling approved pursuant to any amnesty or infill legislation; or (B) The development consists entirely of improvements to an existing structure, which improvements cost the developer less than $275,000; or (C) The development consists of one or more structures valued in their entirety at less than $500,000; or (D) The development consists of any other development, except the extraction of minerals, valued at less than $350,000; or (E) The development consists of the extraction of minerals valued at less than $90,000, in which case a minor coastal zone permit shall be issued by the Commissioner; provided, however, that if the Commissioner, upon reviewing any minor permit application submitted pursuant to subsection (d), paragraph (3) of this section, determines that the proposed activity is likely to have significant adverse environmental consequences, he shall, upon giving notice to the applicant, forward such application to the appropriate Committee of the Commission for review as a major coastal zone permit. (3) The Commission may, by regulation, adjust the costs or the value of developments to reflect economic changes. (d) Coastal zone permit procedures. (1) Upon submission of any application for a coastal zone permit, which application shall specify the type of permit being sought, the Commissioner shall determine whether such application is complete. If the Commissioner determines that such application is not complete, he shall promptly notify, in no event more than 15 days after receipt thereof, the applicant of the deficiencies in such application. (2) Upon determination by the Commissioner that an application for a major coastal zone permit is complete, the Commissioner shall promptly transmit a copy thereof to all relevant public agencies for review and comment within thirty days of the receipt thereof, and shall schedule a public hearing to be conducted by the appropriate Committee of the Commission on such application, said hearing to be held within sixty days of the receipt of such completed application. (3) Upon receipt of an application for a minor coastal zone permit which is deemed complete by the Commissioner, the Commissioner shall promptly give written notice of the filing of such application to any person who requests such notification in writing. In addition, the Commissioner shall give such notice to any person who he determines would be affected by or any person interested in such development. Upon a request from any such person, the Commissioner shall transmit a copy of the application and shall request comments thereon within thirty days thereafter. (4) The appropriate Committee of the Commission shall act upon a major coastal zone permit application within thirty days after the conclusion of the public hearing required by paragraph (2) of this subseparagraph (2)e Commissioner shall act upon a minor coastal zone permit application within sixty days after receipt thereof. Failure of the appropriate Committee of the Commission or the Commissioner to act within any time limit specified in this paragraph shall constitute an action taken and shall be deemed an approval of any such application. A copy of the decision of the appropriate Committee of the Commission or the Commissioner, whichever is applicable, on an application for a coastal zone permit shall be transmitted in writing to the applicant and to any person who requests a copy thereof. (5) Any action by the appropriate Committee of the Commission or the Commissioner shall become final after the forty-fifth day following a decision, unless an appeal is filed with the Board of Land Use Appeals within such time. If such an appeal is filed, the operation and effect of the Committee's or the Commissioner's action shall be stayed pending a decision on appeal. (6) If an application for a permit is denied by the appropriate Committee of the Commission pursuant to subsection (a), paragraph (2) of this section, or by the Board of Land Use Appeals pursuant to section 914 of this chapter, the applicant may submit another application for a coastal zone permit no sooner than one hundred-twenty days after the date of such denial (7) Any development approved pursuant to this chapter, including any action by the Board of Land Use Appeals, shall be commenced, performed and completed in compliance with the provisions of the permits for such development granted or issued by the appropriate Committee of the Commission, the Commissioner, the Board of Land Use Appeals or any other public agency. Any development or construction approved by a coastal zone permit shall be commenced within twelve months from the date such permit is issued. Failure to commence development or construction within such period shall cause the permit to lapse and render it null and void unless an extension is granted by the appropriate Committee of the Commission or the Commissioner. (e) Regulations. The Commission shall, in the manner required by law and after public hearings, adopt such supplementary regulations pertaining to the issuance of coastal zone permits as it deems necessary. The Commission may thereafter, in the manner required by law, and from time to time, after public hearings, modify or adopt additional regulations or guidelines as deemed necessary to carry out the provisions of this chapter; provided, any such rules, regulations, or guidelines issued by the Commission pursuant to this chapter may be modified, amended or revised by the Legislature in accordance with the provisions of subsection (b), section 913 of Title 3 of this Code. Such regulations shall include but are not limited to the following: (1) procedures for the submission, review and denial or approval of coastal zone permit applications, and the form of application for coastal zone permits. The Commissioner shall devise a temporary application form which shall be used upon enactment of this chapter until such time as rules and regulations are adopted; (2) information to be required in the application, including without limitation, proof or legal interest in the property, authority to sign the application, drawings, maps, data and charts concerning land and water uses and areas in the vicinity of the proposed development and, for major coastal permits, a completed environmental assessment report as defined in section 902, subsection (o) of this chapter and appropriate supplementary data reasonasection 902, subsection (o)d evaluate the proposed development and to determine whether the proposed development complies with statutory criteria under which it might be approved; (3) any person who must alter trust lands or submerged or filled lands in order to compile the data required by this section must obtain prior written authorization from the appropriate Committee of the Commission for such alteration; (4) the payment of a reasonable filing fee for the processing by the appropriate Committee of the Commission or the Commissioner of any application for a coastal zone permit. The funds received under this paragraph shall be placed in the Natural Resources Reclamation Fund as described and provided for in section 911, subsection (f), paragraph [(4)] of this chapter; (5) desig911, subsection (f), paragraphment to be conducted completely or substantially seaward of the line of mean high tide requiring a minor coastal zone permit, including but not limited to swimming or navigation buoys, moorings for vessels, small intake and outfall pipes, small private pipes, small boat ramps or slips, maintenance dredging of 50 cubic yards or less, and underwater transmission lines or cables; (6) standards in addition to those set out in subsection (c) of this section for determining whether a development requires a minor coastal zone permit or a major coastal zone permit; (7) requirements for the conduct and continuance of public hearings and the methods of providing public notice on major coastal zone permits. A public notice shall at a minimum state the nature and location of the proposed development, and the time and place of the public hearing, and shall be advertised in a newspaper of general circulation, and in addition be given to the applicant, any person who requests such notification in writing, any person who the Commissioner determines would be affected by or interested in such development, and the owner(s) of any/all lot(s) within or adjacent to the site of the proposed development. Joint public hearings may be held in conjunction with any such hearing required by any federal agency; (8) contents of coastal zone permits; (9) notifications of denial of applications; (10) notices of completion and certificates of acknowledgment of compliance; (11) amendment, modification and revocation of coastal zone permits; (12) transfer or assignment of coastal zone permits. (f) The Commissioner as Zoning Administrator. The Commissioner, pursuant to the provisions of Title 29, section 235, subsection (a), unnumbered paragraph 2 of this Code, as amended, shall perform the duties of the Zoning Administrator with respect to the administration and enforcement of the Zoning Law within the first tier of the coastal zone. However, the Commissioner, when performing the duties of the Zoning Administrator under this subsection, must comply with all of the requirements of Title 29 of this Code. (g) Coordination with other permit requirements. Where the development or occupancy of trust lands or other submerged or filled lands, or other development in the coastal zone, requires separate and distinct approval from the United States Government or any agency, department, commission or bureau thereof, the coastal zone permit shall be contingent upon receipt of all other such permits and approvals, and no such development or occupancy shall commence prior to receipt of all of such permits and approvals. History: Added Oct. 31, 1978, No. 4248, § 1, Sess. L. 1978, p. 298; amended July 30, 1987, No. 5270, § 1, Sess. L. 1987, p. 110; Dec. 31, 1987, No. 5293, §§ 2, 3, Sess. L. 1987, pp. 157, 158; amended June 13, 2025, No. 8991, § 6, Sess. L. 2025, p. -.

Lands Or Other Submerged Or Filled Lands (a) Permit required prior to development or occupancy. (1) No person shall develop or occupy the trust lands or other submerged or filled lands of the United States Virgin Islands without securing a coastal zone permit which includes, in addition to the elements of a section 910 permit, a permit or lease for the development or occupancy of the trust lands or other submerged or filled lands. (2) The provisions of this section shall be in addition to all other requirements of this chapter and shall apply to all applications for, and issuance of, permits for development or occupancy of the trust lands or other submerged or filled lands, and for modifications or renewals of permits or leases for such development or occupancy issued prior to the effective date of this chapter. (b) Applications and procedures. (1) The Commission shall, in the manner required by law, adopt regulations governing the filing, content, review and processing of applications for coastal zone permits that include development or occupancy of trust lands or other submerged or filled lands; provided, however, that all applications for coastal zone permits that include development or occupancy of trust lands or other submerged or filled lands, shall include: (A) an environmental assessment report, as defined in section 902, subsection (o) of this chapter, of the prevailing environmental conditions of the site and adjacent properties. The report must clearly indicate probable effects, including adverse effects, to the general environment should the proposed alteration be implemented; (B) a complete and exact written description of the proposed site, including charts, maps, photographs, topographic charts, submerged land contours, and subsurface profiles in accordance with the scope and complexity of the work and the site; (C) a complete and exact written description of the proposed occupancy or development for which the permit is sought, defining construction methods. This description must include the details of supervisory and control procedures and credentials of the personnel responsible for this function; (D) a written statement of alternatives, if any, to the proposed alteration. (2) The applicant for a coastal zone permit that includes development or occupancy of trust lands or other submerged or filled lands shall have the burden of proof in demonstrating that it meets the requisite criteria established by this section. (3) The appropriate Committee of the Commission or the Commissioner may recommend such reasonable terms and conditions to be included in any coastal zone permit that includes an occupancy or development permit or lease issued pursuant to this section as it deems necessary to ensure that such occupancy and development will be in accordance with the provisions of this chapter. (c) Additional findings necessary. The appropriate Committee of the Commission or the Commissioner shall deny an application under section 910 hereof for a coastal zone permit which includes development or occupancy of trust lands or other submerged or filled lands, unless it or he makes all of the following findings: (1) that the application is consistent with the basic goals of section 903 and with the policies and standards of section 906 of this chapter; (2) that the grant of such permit will clearly serve the public good, will be in the public interest and will not adversely affect the public health, safety and general welfare or cause significant adverse environmental effects; (3) that the occupancy and/or development to be authorized by such a permit will enhance the existing environment or will result in minimum damage to the existing environment; (4) that there is no reasonably feasible alternative to the contemplated use or activity which would reduce the adverse environmental impact upon the trust lands or other submerged or filled lands; (5) that there will be compliance with the United States Virgin Islands territorial air and water quality standards; (6) that the occupancy and/or development will be adequately supervised and controlled to prevent adverse environmental effects; and (7) that in the case of the grant of an occupancy or development lease, an occupancy or development permit for the filled land is not sufficient or appropriate to meet the needs of the applicant for such lease. The burden of proving such insufficiency or inappropriateness shall be upon the applicant. (d) Terms of occupancy and development permits and leases. (1) A coastal zone permit that includes an occupancy or development permit shall be issued for a definite term, shall not constitute a property right and shall be renewable only if the requirements of this section for the approval and issuance of such permits are satisfied. (2) A coastal zone permit that includes an occupancy or development lease shall only be granted for a particular parcel of filled land for a lease period of not more than 20 years; provided, that nothing in this subsection shall prohibit a lessee or permittee from executing a new lease at the end of the 20 year period. Any lease executed at the end of the lease period shall meet the requirements of this chapter and shall be approved by the Governor and ratified by the Legislature. (e) Approval by Governor and ratification by Legislature of coastal zone permits that include development or occupancy of trust lands or other submerged or filled lands. Any coastal zone permit which the appropriate Committee of the Commission or the Commissioner recommends for approval pursuant to this section, together with the recommended terms and conditions thereof, shall be forwarded by the Committee or Commissioner to the Governor for the Governor's approval or disapproval within thirty days following the Committee's or Commissioner's final action on the application for the coastal zone permit or the Board's decision on appeal to grant such a permit. The Governor's approval of any such permit or lease must be ratified by the Legislature of the United States Virgin Islands. Upon approval and ratification of such permit, occupancy and any development proposed in connection therewith shall not commence until the permittee has complied with the requirements of the United States Army Corps of Engineers pursuant to Title 33 of the United States Code. (f) Rental and reclamation fees. (1) Coastal zone permits issued pursuant to this section shall provide for the payment by the permittee or lessee of a rental fee. The payment of rental fees may be waived when determined to be in the public interest. (2) Coastal zone permits issued pursuant to this section which provide for or authorize the dredging and/or removal of sand, gravel, coral or aggregate shall provide for the payment of a reclamation fee. (3) The Commission shall, in the manner required by law for the adoption of rules and regulations, and after public hearings, establish a schedule of reasonable fees for the administration of this section. (4) Rental and reclamation fees paid pursuant to this section shall be paid to the Commissioner and covered into the Natural Resources Reclamation Fund, which fund is hereby continued by this paragraph, without hiatus, from existing law. The Commissioner of Finance is directed to maintain and provide for the administration of this fund as a separate and distinct fund in the Treasury, and to authorize disbursements therefrom, upon the certification of the Commissioner, to meet expenses incurred in the administration and enforcement of the provisions of this chapter and 29 V.I.C. § 296(g) and in the discharge of the Commission's duties thereunder. The Fund shall consist of permit and other fees and fines paid pursuant to the provisions of this chapter and 29 V.I.C. § 296, and such other funds as may from time to time be appropriated thereto by the Legislature. However, if the balance in the Natural Resources Reclamation Fund equals $275,000, all monies which would otherwise be covered into such Fund shall be deposited in the General Fund. (5) Repealed. (g) Modification and revocation. In addition to any other powers of enforcement set forth in section 913 of this chapter, the Governor may modify or revoke any coastal zone permit that includes development or occupancy of trust lands or submerged or filled lands approved pursuant to this section upon a written determination that such action is in the public interest and that it is necessary to prevent significant environmental damage to coastal zone resources and to protect the public health, safety and general welfare. Such written determination shall be delivered both to the permittee and to the Legislature, together with a statement of the reasons therefor. It shall state the effective date of such modification or revocation, and shall provide a reasonable time in which the permittee or lessee either may correct the deficiencies stated in such written determination or may establish, to the Governor's satisfaction, that any or all of the deficiencies or reasons stated therein are incorrect. If the permittee shall fail to correct or establish the inaccuracy of such deficiencies or reasons within the time provided in such written determination, the modification or revocation of such occupancy permit shall be effective as of the date stated therein; provided, however, that the Legislature, shall ratify the Governor's action within thirty days after said effective date. The failure of the Legislature, either to ratify or rescind the Governor's action within said thirty-day period shall constitute a ratification of the Governor's action. (h) Transporting of sand or other aggregate. Every transporter of sand, gravel, coral, aggregate, minerals or other natural products of the sea, excepting fish and wildlife, from the trust lands or other submerged or filled lands shall display a coastal zone permit and an occupancy permit or lease as proof of authorization for such transport. The contents of such permit or lease and the manner of its display shall be prescribed by the Commission by regulation. To enforce this requirement, the Commissioner or his duly authorized representative shall have the right to stop any motor vehicle transporting sand, gravel, coral, aggregate, minerals or other natural products of the sea, excepting fish and wildlife, on the public roads and highways of the United States Virgin Islands for the purpose of ascertaining whether the material being transported has been taken from the trust lands or other submerged or filled lands and whether a coastal zone permit or occupancy permit or lease has been issued authorizing its removal pursuant to this chapter. History: Added Oct. 31, 1978, No. 4248, § 1, Sess. L. 1978, p. 303; amended Oct. 19, 1984, No. 5014, § 304(b), Sess. L. 1984, p. 374; June 24, 1987, No. 5265, § 305(b), Sess. L. 1987, p. 54; July 30, 1987, No. 5270, § 3, Sess. L. 1987, p. 111; Sept. 11, 1992, No. 5810, §§ 2, 3, Sess. L. 1992, p. 117; Jan. 7, 1992, No. 5824, § 5, Sess. L. 1992, p. 172; Sept. 16, 2009, No. 7098, §§ 1, 2, Sess. L. 2009, p. 170; July 18, 2012, No. 7380, § 1, Sess. L. 2012, p. 174; amended May 19, 2021, No. 8444, § 4, Sess. L. 2021, p. 8.

(a) Setting of boundaries, establishment of titles, identification of access and amendments. The Commission, with the assistance of the Planning Office, the Attorney General and other public agencies, shall conduct a comprehensive survey of the shorelines of the United States Virgin Islands to establish the landward boundaries of such shorelines in accordance with this chapter; shall conduct a comprehensive study to determine the existing status of title, ownership and control, in accordance with the provisions of this chapter, of all land within or adjoining the shorelines; and shall prepare surveys, maps and charts showing existing routes of public access to the shorelines. (b) Continued planning. To ensure that the provisions of this chapter are regularly reviewed and the recommendations for revisions of, or amendments to, the Virgin Islands Coastal Zone Management Program will be reviewed and developed, and to supplement the activities of other public agencies in matters relating to the planning for and management of the coastal zone and to provide for continued territorial coastal planning and management, the Virgin Islands Planning Office shall undertake on a continuing basis such activity and research as is necessary to maintain a continued involvement in the coastal zone management process and shall be responsible, with the assistance of the Commission, for comprehensive planning in the coastal zone, for review of all amendments to the Virgin Islands Coastal Zone Management Program, and for recommending the designation of areas of particular concern. (c) Amendments. Any provisions of this chapter, including the boundaries of the coastal zone and the use designations on the Land and Water Use Plan, may be amended or repealed by the Legislature of the United States Virgin Islands. The procedures and requirements for such amendment shall be the same as provided in Title 29, section 238 of this Code for amendments to the Zoning Law. All proposed amendments not initiated by the Commission shall be referred by the Planning Office to the Commissioner for comment prior to public hearing. History: Added Oct. 31, 1978, No. 4248, § 1, Sess. L. 1978, p. 308.

(a) General. The provisions of this section shall be cumulative and not exclusive and shall be in addition to any other remedies available at law or equity. (b) Enforcement. (1) Any person may maintain an action for declaratory and equitable relief to restrain any violation of this chapter. On a prima facie showing of a violation of this chapter, preliminary equitable relief shall be issued to restrain any further violation hereof. No bond shall be required for an action under this subsection. (2) Any person may maintain an action to compel the performance of the duties specifically imposed upon the Commission or the Commissioner of any public agency by this chapter; provided, however, that no such action shall be brought prior to thirty days after written notice has been given to the Commission, its Committees, the Commissioner, or such public agency by the complainant specifying the duties which the complainant alleges have not been performed. No bond shall be required for an action under this subsection. (3) The appropriate Committee of the Commission and the Commissioner shall regularly monitor a permittee's compliance with the terms and conditions of its coastal zone permit. (4) The Commission, its Committees and the Commissioner shall have the power to enter at reasonable times upon any lands or waters in the coastal zone for which a coastal zone permit has been issued, and the permittee shall permit such entry for the purpose of inspecting and ascertaining compliance with the terms and conditions of said coastal zone permit, and to have access to such records as the Commission, its Committees or the Commissioner in the performance of its or his duties hereunder may require permittee to maintain. Such records may be examined and copies shall be submitted to the Commission or Commissioner upon request. (5) Violation of any term or condition of any coastal zone permit issued or approved pursuant to this chapter shall be grounds for revocation or suspension thereof. Violation of any term or condition of any occupancy or development permit or lease issued prior to the effective date of this chapter shall, to the maximum extent permitted by law, be grounds for revocation or suspension thereof. (6) When the Commission or Commissioner has reason to believe that any person has undertaken, or is threatening to undertake, any activity that may require a coastal zone permit without securing a coastal zone permit, or that may be inconsistent with any coastal zone permit previously issued, the Commission or Commissioner may issue a written order directing such person to cease and desist. The cease and desist order shall state the reasons for the Commission's or Commissioner's decision and may be subject to such terms and conditions as the Commission or Commissioner deems necessary to insure compliance with the provisions of this chapter including, without limitation, immediate removal of any fill or other material, suspension of the coastal zone permit, or the setting of a schedule within which steps must be taken to obtain a coastal zone permit pursuant to this chapter. Said order shall be served by certified mail or hand delivery upon the person being charged with the actual or threatened violation of this chapter, and shall be effective upon issuance; provided, however, that such order shall grant the opportunity for a hearing. (7) In addition to any other remedy provided herein or at law or equity, the Attorney General, the Commission or Commissioner may institute a civil action in the District Court of the United States Virgin Islands for an injunction or other appropriate relief, including revocation of a permit issued hereunder, or an order to prevent any person from violating the provisions of this chapter, including occupying or developing the trust lands or other submerged or filled lands, or to enforce any cease and desist order or any regulations issued hereunder. (c) Penalties. (1) Any person who violates any provision of this chapter, or any regulation or order issued hereunder, shall be subject to a civil fine of not to exceed ten thousand ($10,000) dollars. (2) Any violation of this chapter or any regulation or order issued hereunder shall constitute a misdemeanor. Any person convicted of such a violation shall be fined in accordance with the provisions of subsection (c), paragraph (1) hereinabove, or imprisoned not more than one year, or both. (3) In addition to any other penalties provided by law, any person who intentionally and knowingly performs any development in violation of this chapter shall be subject to a civil fine of not less than one thousand dollars nor more than ten thousand dollars per day for each day during which such violation occurs. (4) In addition to the foregoing and in order to deter further violations of the provisions of this chapter, the Attorney General, the Commission or Commissioner may maintain an action for exemplary damages, the amount of which is left to the discretion of the court, against any person who has intentionally and knowingly violated any provisions of this chapter. (5) All civil penalties permitted herein shall be assessed by the appropriate court; provided, however, that at such time, if any, that the Commission may promulgate rules and regulations establishing a procedure for the administrative assessment of civil penalties, it or the Commissioner shall have the alternative of proceeding by means of court assessment or such administrative procedure. The Commission is hereby authorized to promulgate all rules and regulations it deems necessary to implement the alternatives allowed by this paragraph. (6) All fines collected under the provisions of this subsection (c) shall be deposited into the Natural Resources Reclamation Fund provided for in section 911, subsection (f), paragraph (4) of this chapter. (d) Judicial review-Writ of review. Pursuant to Title 5, chapter 97 and Appendix V, Rules 10 and 11 of this Code, a petition for writ or review may be filed in the District Court of the United States Virgin Islands in the case of any person aggrieved by the granting or denial of an application for a coastal zone permit, including a permit or lease for the development or occupancy of the trust lands or other submerged or filled lands, or the issuance of a cease and desist order, within forty-five days after such decision or order has become final provided that such administrative remedies as are provided by this chapter have been exhausted. History: Added Oct. 31, 1978, No. 4248, § 1, Sess. L. 1978, p. 309.

(a) Administrative appeals or coastal zone permit applications. Notwithstanding any provision of law to the contrary, any aggrieved person may file an appeal of an action by the Commission, its Committees, or the Commissioner taken pursuant to section 910 or 911 of this chapter within forty-five days thereof with the Board of Land Use Appeals, and such appeal shall be governed solely by the provisions of this section. (b) Procedures on appeal. The Board shall prepare a form of application for such appeals and shall adopt in the manner required by law rules and regulations governing the submission and review of applications for appeal and the notice and procedures for conduct of public hearings on such an appeal. In addition to public notice, personal notice of such a public hearing on an appeal shall be served on the Commission or its Committees, the Commissioner, the applicant for the coastal zone permit and the aggrieved person, if they be different, any person who has requested in writing to be notified of such public hearing date, and any person who testified at the public hearing held by the appropriate Committee of the Commission to consider the original application. (c) Public hearings. A public hearing on an appeal shall be held by the Board within sixty days after the appeal is filed with the Board, and a decision shall be rendered by the Board within thirty days after the conclusion of such public hearing. The Board shall notify the Commission or its Committee, the Commissioner, the applicant for the coastal zone permit and the aggrieved person, if they be different, of its decision by certified mail. Notice to all other persons who received notice of the public hearing on appeal may be by regular mail. Such notice shall be sent within four working days of the Board's decision. (d) Actions of the Board. The Board, by majority vote of its authorized members, shall either affirm or reverse the Commission's or its appropriate Committee's or the Commissioner's action and shall either approve or deny an application for a coastal zone permit. If the Board grants an application for a coastal zone permit, the Board shall impose such reasonable terms and conditions on such permit as it deems necessary to achieve the objectives and purposes of this chapter. The Board shall set forth in writing and in detail the reasons for its decision and findings of fact upon which its decision is based. If the Board reverses a Committee's or the Commissioner's action on a coastal zone permit, it must make all of the findings required by section 910, subsection (a), paragraphs (2), (3) and (4) of this chapter. A copy of the Board's action shall be available for public inspection at the Board's offices during ordinary business hours. The Board's action shall be final after four working days following its decision. History: Added Oct. 31, 1978, No. 4248, § 1, Sess. L. 1978, p. 312.

As used in this chapter, unless the context otherwise requires: (a) "Alternative energy" means fuel sources that are other than those derived from fossil fuels. (b) "Department" means the Department of Planning and Natural Resources. (c) "Director" means the director of the Energy Office established under this chapter. (d) "Electric vehicle" means any vehicle that uses solely electric motors for propulsion. (e) "Fleet" means the number and type of transportation passenger vehicles that the Government of the Virgin Islands operates. (f) "Hybrid vehicle" means any vehicle that combines the technologies of using an internal combustion engine with a battery-powered electric motor to gain advantages of both propulsion systems. (g) "New development" means all new residential, commercial, and government development projects constructed after the effective date of this chapter. (h) "Other Alternative Fuel Vehicle" means any vehicle using alternative sources of energy, such as solar, wind, hydrogen fuel cell, compressed natural gas or liquefied natural gas. The term does not include vehicles powered by gasoline, petroleum, bio-diesel, or bio-ethanol. (i) "Renewable energy" means electric energy generated from solar, wind, biomass, landfill gas, hydroelectric, ocean, including tidal, wave current, and Ocean Thermal Energy Conversion (OTEC), or geothermal. (j) "Renewable energy source" means biomass, hydro, geothermal, solar, wind, ocean thermal, wave thermal, wave action tidal action and livestock or landfill methane. (k) "Solar energy" means radiant energy, direct, diffuse or reflected, received from the sun at wavelengths suitable for conversion into thermal, chemical, or electrical energy. (l) "Solar energy equipment" means all equipment that provides for the collection and conversion of solar energy into usable energy for heating, cooling, generating electricity, or other applications that normally would require a conventional source of energy, such as petroleum products, natural gas, or electricity and which perform primarily with solar energy. The term with respect to other systems in which solar energy is used in a supplemental way, applies only to those components that collect convert and transfer solar energy. (m) "Solar energy system" means a system that when installed in connection with a residential, commercial or government building transmits or uses solar energy, derived from any form of renewable energy for the purpose of providing hot water for use within such building or generating electricity. (n) "Solar photovoltaic system" means a device that converts incident sunlight into electrical current. (o) "Solar thermal system" means a device that traps heat from incident sunlight in order to heat water including solar thermal collectors having a rating by the Solar Rating Certification Corporation of OG-100. (p) "Substantial modification development" means reconstruction or renovations that improve hot water systems. (q) "Virgin Islands Energy Office" means the Virgin Islands Energy Office established under the Office of the Governor. (r) "Government" means the executive, legislative, and judicial branches of the Government of the Virgin Islands, or the agencies and instrumentalities, and Governing Boards and Commissions of the Government of the Virgin Islands, and "government building" means a building owned by or under the possession of the Government of the Virgin Islands. History: Added July 3, 2009, No. 7075, § 2, Sess. L. 2009, pp. 93, 94; amended May 3, 2010, No. 7168, § 9(a), Sess. L. 2010, p. 62; amended Sept. 11, 2012, No. 7394, § 16(a)(1), Sess. L. 2012, p. 240-241; amended Dec. 6, 2013, No. 7574, § 3, Sess. L. 2013, p. 280, 281.

(a) The intent of this chapter is to encourage the development of renewable and alternative energy generation sources on two levels: large, utility scale infrastructure development; and small, homeowner scale and commercial renewable energy use. (b) In carrying out this section, the Energy Office shall identify and evaluate the strategies or projects, with the greatest potential for reducing the dependence on imported fuel used for the generation of electricity, on both, small homeowner scale and commercial renewable and alternative energy use, including strategies and projects for: (1) the application of established standards for energy efficiency for appliances, lighting fixtures, including ceiling fans, air conditioning systems and pumps; (2) the conduct of energy audits for business and industrial customers; (3) the increased use of renewable energy sources including- (A) solar energy for electric generation; (B) solar energy for water heating in large buildings, such as hotels, hospitals, government buildings and residences; (C) photovoltaic energy; (D) wind energy; (E) hydroelectric energy; and (F) microturbine systems; and (G) other strategies and projects including alternative energy sources that the Energy Office may identify as having significant potential. (c) In assessing the potential of any strategy or project under subsection (b), the Energy Office shall consider- (1) the estimated cost of the power or energy to be produced; (2) the long-term availability of the generation source; (3) the capacity of the local electrical utility to manage, operate, and maintain any project that may be undertaken; and (4) such other factors as the Energy Office considers to be appropriate. History: Added July 3, 2009, No. 7075, § 2, Sess. L. 2009, pp. 94, 95.

To achieve the purposes of this chapter, the Director may: (a) Identify, plan, organize, initiate, and sponsor studies, research, and experimental, pilot, and demonstration facilities and projects that would lead to the development and more efficient utilization of present, new, or alternative energy sources in this Territory, to the conservation of energy, to the attraction of federal and other development funding in emerging and established national or territorial priority areas, or to the enhancement of the economic development of the Territory; (b) Promote, assist, and provide financial assistance for the development of non-profit corporations organized and established under the laws of the Virgin Islands to further the purposes of this chapter; (c) Seek out, apply for, receive, and accept grants, gifts, contributions, loans, and other assistance in any form from public and private sources, including assistance from any agency; and (d) Make grants from funds that are appropriated by the Legislature and from gifts or grants obtained under paragraph (c) of this section for the purposes of developing, constructing, or operating experimental, pilot, and demonstration facilities or programs that develop, test, or demonstrate more efficient and environmentally acceptable methods of extracting energy resources; new concepts, programs, or technology for the conservation of energy; new concepts, programs, or technology for the efficient and environmentally acceptable use of present, new, or alternative energy sources; or concepts, programs, or technology which develop resources of the Territory. Grants may be made, without limitation, for projects and programs such as experimental demonstrations or development of solar heating and cooling and potentially energy-efficient construction in public buildings, schools, offices, commercial establishments, and residential homes; development of programs or experimental demonstrations of the utilization of waste products in energy production and mineral and energy conservation; and development of programs or experimental demonstrations of technologies which would permit utility pricing policies that may reduce the consumer costs of energy. History: Added July 3, 2009, No. 7075, § 2, Sess. L. 2009, pp. 95, 96.

(a) The Virgin Islands Energy Office shall establish an interagency advisory committee consisting of representatives from: (1) government agencies and instrumentalities, including the University of the Virgin Islands; (2) The Virgin Islands Water and Power Authority; (3) The private sector; and (4) environmental, energy, and consumer groups and other energy-related organizations. (b) The Committee shall provide input on energy programs and related matters. The Committee shall: (1) assist and advise the Director on matters relating to the development and use of solar energy and other renewable energy resources, including recommendations for the utilization or disbursements of federal and territorial funds for solar purposes; (2) encourage efforts by research institutions, government institutions and home builders in obtaining technical and financial support from the federal government for their activities in solar and advanced alternate energy systems; (3) identify and describe the renewable energy technologies that are feasible and practical in terms of short-term application of retrofit, new construction and conservation projects within five years; (4) identify and describe long-range programs that are feasible and cost effective; (5) encourage the cooperation and direct involvement of academic, business, professional and industrial sectors that are determined to have special expertise or knowledge of solar energy technology; (6) make recommendations to the Director on standards, codes, certifications and other programs necessary for the orderly and rapid commercialization and growth of renewable energy use in the Virgin Islands for consideration by the appropriate jurisdictional bodies; (7) assist the Director with organizing workshops and conferences, and recommend policies, standards, strategies, plans, programs, and procedures with regard to functions of the office of energy; and (8) provide such other assistance as the Director may request or the law may provide. (c) The heads of all agencies, including those that are not represented on the Committee, shall cooperate with and furnish information to the Committee as required or requested. History: Added July 3, 2009, No. 7075, § 2, Sess. L. 2009, pp. 96, 97.

The Solar and Wind Energy System Incentive Program is established to provide financial incentives for the purchase and installation of solar and wind energy systems. History: Added July 3, 2009, No. 7075, § 2, Sess. L. 2009, p. 98.

(a) In the construction of new developments or substantially modified developments after the effective date of this subchapter, the developer shall use energy-efficient solar systems or heat pump water heaters for providing not less than 70% of water heating, unless the Commissioner of the Department determines that the use of such a system is not cost-effective or interferes or conflicts with the use of the building. (b) The Director shall use the American Recovery and Reinvestment Act funding that is designated for rebates for the Virgin Islands, first for solar water heating system rebates for residences and government buildings. (c) In issuing its building, construction, or development-related permits, the Department shall ensure that permittees comply with the requirements of subsection (a). History: Added July 3, 2009, No. 7075, § 2, Sess. L. 2009, p. 98; amended Dec. 31, 2014, No. 7705, § 1, Sess. L. 2014, p. 381.

History: Repealed. Dec. 31, 2014, No. 7705, § 3, Sess. L. 2014, p. 382.

(a) Notwithstanding any other provision of law to the contrary, in order to carry out the purposes of this chapter, equipment or component parts brought into the Virgin Islands for the purpose of manufacturing of solar water heaters or wind or solar energy systems are exempt from the payment of customs duties and excise tax, including such equipment as: Solar Photovoltaic systems, including invertors, charge controllers, batteries and solar lights; Wind Turbine Systems, including wind pumps; Solar Thermal Systems, including solar water heaters; solar dryers, solar cookers; solar air-conditioners; solar stills; and geo thermal heat pump systems. (b) Retailers and installers of solar or wind equipment or component parts who receive exemptions under subsection (a) shall pass on the savings to consumers. (c) The Director of the Bureau of Internal Revenue shall promulgate such rules and regulations as may be necessary to carry out the purposes of this section. History: Added July 3, 2009, No. 7075, § 2, Sess. L. 2009, p. 99; amended May 9, 2011, No. 7260, § 4, Sess. L. 2011, p. 83.

History: Repealed. Dec. 31, 2014, No. 7705, § 3, Sess. L. 2014, p. 382.

Not later than six months after the effective date of this chapter, the Director shall submit to the Legislature a report containing- (1) an inventory of renewable and alternative energy sources available in the Virgin Islands for consumers; and (2) a projection of future inventories of renewable and alternative sources of energy. History: Added July 3, 2009, No. 7075, § 2, Sess. L. 2009, p. 100.

A solar energy training program must be established within two years after the effective date of this subchapter, within the Virgin Islands Career and Technical Education Program under the Department of Education, including a training program for the construction of solar hot water systems, including solar panels, solar hot water storage tanks, solar circulators, and installation. History: Added July 3, 2009, No. 7075, § 2, Sess. L. 2009, p. 100.

Efficient Vehicles (a) To accelerate the growth of a commercially viable solar energy industry to make this system available to the public as an option that can reduce the fossil fuel consumption and costs to the Government, each government agency and instrumentality, including all branches of government, shall install solar water heating systems where it is cost-effective, based on the comparative analysis conducted under section 1102(b). If the life cycle analysis is positive, the agency shall incorporate solar water heating. (b) Government agencies and instrumentalities entering into leases, including the renegotiation or extension of existing leases, shall: (1) incorporate lease provisions that require energy efficiency wherever technically and economically feasible; (2) build to suit lease solicitations that contain criteria requiring sustainable design and development, energy efficiency, and verification of facility performance; (3) include a preference for facilities having an "ENERGY STAR" building label in their selection criteria for acquiring leased facilities; and (4) encourage lessors to apply for an "ENERGY STAR" building label and to explore and implement projects that will reduce the costs to the Government, including projects carried out through the lessor's energy-savings contracts. (c) The Department of Property and Procurement shall demonstrate a continuing commitment to the use of solar and other renewable and alternative energy sources in buildings owned or operated by the Government of the Virgin Islands. (d) (1) Within 2 years from the effective date of this chapter, the Virgin Islands Energy Office in conjunction with the Department of Property and Procurement shall establish an Energy-Efficient Fleet Management Plan with plans for the acquisition of energy-efficient government fleet of vehicles, consisting of hybrid vehicles, electric vehicles, alternative fuelled vehicles, or vehicles within the top one-fifth of the most energy efficient vehicles in their class. The plan must require that within 10 years from the enactment of this chapter, the plan must be implemented throughout all departments and agencies of the Government of the Virgin Islands. (2) All vehicles purchased after the enactment of this chapter must meet minimum fuel efficient and environmental impact national standards, as regulated by the class of vehicle. (3) Specifically, the emergency vehicles exempted from the Fleet Management Plan include bucket trucks, utility repair trucks and digger trucks utilized by the Virgin Islands Water and Power Authority and vehicles utilized by the Virgin Islands Fire Service, the Department of Public Works, the Virgin Islands Police Department and the Emergency Medical Technicians. (4) The exemptions granted to specialty and emergency vehicles by paragraph (3) of this subsection apply only to vehicles designed to perform specific tasks where hybrid or alternative fuelled vehicles are not available, feasible or cost effective. History: Added July 3, 2009, No. 7075, § 2, Sess. L. 2009, pp. 100, 101; amended Sept. 11, 2012, No. 7394, § 16(a)(2), Sess. L. 2012, p. 241.

(a) Each agency and instrumentality of the Government to the extent practicable shall design and construct buildings to incorporate energy-efficiency measures to optimize solar heating for water heating. This section applies to new residential facilities built using any portion of government funds or located on government lands. (b) Each agency and instrumentality of the Government shall purchase energy efficient equipment, such as "ENERGY STAR" products where available. (c) With regard to motor vehicles and transportation fuel, each agency shall: (1) purchase the most fuel-efficient vehicles that meet the needs of its activities; (2) promote efficient operation of vehicles; (3) use the most appropriate minimum octane fuel; and (4) collect and maintain information on the performance of each vehicle regarding fuel-use in order to evaluate its efficiency. (d) Subject to the exceptions in subsection (c)(4), the Director shall establish regulations, prescribing criteria for prescribing performance and quality standards. (e) The Director may not prescribe performance and quality standards, unless the Director determines that there will be a reduction in fuel consumption as a result of such standards. (f) The Department shall assist any individual or business that intends to construct energy savings and renewable or alternative energy systems by expediting the permitting process; the Commissioner may waive any permit fees for the installation of solar energy, wind turbine, or any renewable or alternative- energy system. History: Added July 3, 2009, No. 7075, § 2, Sess. L. 2009, p. 102.

As provided in 33 V.I.C. § 42(e)(7) and 33 V.I.C. § 533, from the effective date of this section until January 1, 2021, the importation of electric vehicles and the lithium-ion batteries they use, hybrid vehicles, and other alternative fuel vehicles, is exempt from the payment of customs duties and excise taxes. History: Added Sept. 11, 2012, No. 7394, § 17, Sess. L. 2012, p. 241.

This subchapter may be referred to as the "Net Energy Metering Act." History: Added July 3, 2009, No. 7075, § 2, Sess. L. 2009, p. 102.

It is declared to be the purpose and policy of the Legislature of the Virgin Islands in enacting this subchapter to: (a) encourage private investment in renewable and alternative energy resources; (b) stimulate the economic growth of Virgin Islands; (c) enhance the continued diversification of the energy resources used in this Territory; and (d) conform territorial Policy for Net Metering with the Federal Energy Policy Act of 2005. History: Added July 3, 2009, No. 7075, § 2, Sess. L. 2009, p. 103.

As used in this subchapter: (a) "Commercial customer" means a person, persons jointly or a legal entity receiving electrical service from the Utility under the Utility's criteria established for commercial service and who owns the property where the net metering facility is located or the property where the meter for the exported energy is credited is located. (b) "Customer-generator" means a user of a net metering system. (c) "Net metering" means the difference between the electricity supplied by a utility and the electricity generated by a customer-generator which is fed back to the utility over the applicable billing period, which is accomplished by: (1) using a single meter capable of registering the flow of electricity in two directions; (2) using an additional meter to monitor the flow in each direction, which may be installed only with the consent of the customer-generator, and at the expense of the utility; the net energy metering calculation of the dual meters shall yield a result identical to that of a single meter. (d) "Net metering system" means a facility for the production of electricity that: (1) uses renewable energy technology as defined in this chapter; (2) has a generating capacity of not more than 5 kilowatts residential, 100 kilowatts Commercial and 500 kilowatts public facility; (3) is located on property owned by the customer-generator at the point of actual energy consumption; (4) operates in parallel with the utility's transmission and distribution facilities; and (5) is intended primarily to offset part or all of the customer-generator's requirements for electricity. (e) "Public facility" means a building or area in which government operations or activities occupy to include but not limited to schools, hospitals, and recreation areas. (f) "Residential customer" means a person, persons jointly or a legal entity receiving electrical service from the Utility pursuant to the Utility's criteria established for residential service and who owns the property where the net metering facility is located or the property where the meter for the exported energy is credited is located. (g) "Utility" means the Virgin Islands Water and Power Authority or other public utility that supplies electricity in the Virgin Islands. History: Added July 3, 2009, No. 7075, § 2, Sess. L. 2009, pp. 103, 104; amended Dec. 31, 2014, No. 7705, § 2(a)(1), (2), Sess. L. 2014, p. 381.

(a) A utility shall offer net metering as set forth in this subchapter. The aggregate capacity of the net metering offered must not exceed 5 mega watts on the island of St. Croix and must not exceed 10 mega watts collectively on the islands of St. Thomas and St. John and Water Island and other territorial offshore keys and islands. Net metering must be offered on a first-come, first-serve basis until customer-generators within each island have reached the aggregate capacity for that island. (b) Any residential or commercial utility customer eligible for net metering, but without sufficient roof or land space, may install a system elsewhere on a stand-alone basis. The electricity produced at the customer-generator's property from the remote location, or at the customer-generator's premises, may be credited to only a single designated meter account of the customer-generator. (c) The Utility shall offer power purchase agreements on a first-come-first-serve basis until customer generators within each island have reached the aggregate capacity for that island or group of islands, as applicable. (d) Except for systems in the net metering program on the effective date of this section, net metering is for systems 10 Kilowatts and smaller. (e) A utility: (1) shall offer to make available to each of its customer-generators who accepted its offer for net metering an energy meter that is capable of registering the flow in at least two directions; (2) may, at its own expense, and with the written consent of the customer generator, install an additional meter to monitor the flow of electricity in each direction, pursuant to section 1146; and (3) may not charge a customer-generator any fee or charge that would increase the customer- generator's minimum monthly charge to an amount greater than that of other customers of the utility in the same rate class as the customer-generator. History: Added July 3, 2009, No. 7075, § 2, Sess. L. 2009, p. 104; amended Dec. 31, 2014, No. 7705, § 2(b), Sess. L. 2014, p. 381, 382.

(a) A net metering system used by a customer-generator must meet all applicable safety and power quality standards established by: (1) The National Electric Code; (2) Underwriter's Laboratories, UL 1741; (3) The Institute of Electrical and Electronic Engineers, IEEE-929 and IEEE-1547; and (4) International Building Code. (b) A utility may not require a customer-generator whose net metering system meets the safety and quality standards to: (1) comply with additional standards or requirements; (2) perform additional tests or install additional controls, unless there is a hazardous condition existing on the Utility's System due to the operation of the customer-generator's net metering system, or there is an adverse electrical impact on the electrical equipment of other Utility electric customers; (3) purchase additional liability insurance, arising solely from the customer-generator's status as a customer-generator. History: Added July 3, 2009, No. 7075, § 2, Sess. L. 2009, pp. 104, 105.

(a) The billing period for net metering may be either a monthly period, a quarterly, semi-annual or annual period as determined by the billing cycle of the Utility. (b) Except as otherwise provided in paragraph (3) of this subsection, the net energy measurement must be calculated in the following manner: (1) The utility shall measure the net electricity produced or consumed during the billing period, in accordance with the established electric rate for that particular class of service. (2) If the electricity supplied by the utility exceeds the electricity generated by the customer-generator which is fed back to the utility during the billing period, the customer-generator must be billed for the net electricity supplied by the utility. (3) If the electricity generated by the customer-generator which is fed back to the utility exceeds the electricity supplied by the utility during the billing period, then the energy delivered by the customer- generator to the utility must be credited to the customer-generator's account at the retail cost of the utility producing the amount of energy. Any excess kwh generation by the customer is carried over as a credit from month to month. At the end of each calendar year, or after termination of service, any excess kwh credits are granted to the Authority by the customer without compensation to the customer. History: Added July 3, 2009, No. 7075, § 2, Sess. L. 2009, pp. 105, 106.

(a) The utility shall develop a plan to minimize dependence on one fuel source and to ensure that the electric energy it sells to consumers is generated using a diverse range of fuels and technologies where feasible and cost effective, including renewable technologies. (b) Each electric utility shall develop and implement a ten-year implementation plan to increase the efficiency of its energy generation. The plan must include provisions for an increasing reliance upon renewable energies where they are available. History: Added July 3, 2009, No. 7075, § 2, Sess. L. 2009, p. 106.

Interconnection, as it relates to this subchapter, must be done in accordance with the Utility's adopted interconnection procedures. The Commission may take such action as is necessary to enforce this section. History: Added Dec. 31, 2014, No. 7705, § 2(c), Sess. L. 2014, p. 382.

The net metering program expires January 1, 2025, for a customer-generator that has a generating capacity larger than 10 kilowatts residential. History: Added Dec. 31, 2014, No. 7705, § 2(c), Sess. L. 2014, p. 382.

(a) In order to achieve the purposes of this chapter, the Director shall conduct programs for energy research, development, demonstration and commercial application with the general goals of- (1) increasing the efficiency of all energy intensive sectors through conservation and improved technologies; (2) promoting diversity of energy supplies; (3) decreasing the dependency of the Virgin Islands on imported fossil fuel energy supplies; and (4) improving energy security of the Virgin Islands. (b) In carrying out this chapter, the Director shall implement programs and publish reports that provide for: (1) Energy efficiency for buildings, energy-consuming industries, and vehicles; (2) Electric energy generation, transmission and storage; and (3) Renewable energy technologies, including wind power, photovoltaics, solar thermal systems, geothermal energy, biomassed systems, hydrogen-fuelled systems, biofuels and hydropower. (c) In the preparation of the reports identified in subsection (b) the Director shall solicit input from industry, institutions of higher education, and other public sources. History: Added July 3, 2009, No. 7075, § 2, Sess. L. 2009, pp. 106, 107.

(a) The peak demanded generating capacity of the Virgin Islands Water and Power Authority must be derived from technologies utilizing renewable energy as defined in section 1101(f) of this title and as follows: 20% by January 1, 2015; 25% by January 1, 2020; and 30% by January 1, 2025; and the percentage thereafter must increase until a majority of the generating capacity of the Virgin Islands Water and Power Authority is derived from renewable or alternative energy technologies. (b) Deleted. History: Added July 3, 2009, No. 7075, § 2, Sess. L. 2009, p. 107; amended Dec. 31, 2014, No. 7705, § 4(1), (2), Sess. L. 2014, p. 382.

(a) The Governor of the Virgin Islands shall facilitate the establishment of the "Comprehensive Energy Plan of the Virgin Islands" as required by 48 U.S.C.1492, in conjunction with the Secretary of [the] Interior and the United States Secretary of Energy. (b) The Virgin Islands Water and Power Authority shall coordinate with the Governor the reduction of dependence on energy imports to the maximum extent feasible and the protection of power transmission and distribution lines from damage from hurricanes and shall apply for available federal grant monies to bury power transmission and distribution lines. The Virgin Islands Water and Power Authority shall apply for the funds for feasibility studies and project implementation authorized by 48 U.S.C.1492 and report to the Governor and the Legislature as to any local matching funds that may be required for the federal grants. History: Added July 3, 2009, No. 7075, § 2, Sess. L. 2009, p. 108.

The Legislature declares that it is in the public interest to develop and expand solar and wind energy systems to meet the present and future energy needs of the Virgin Islands. The owner of a solar or wind energy system would be permitted to negotiate for assurance of the continued access to the owner's energy source. History: Added July 3, 2009, No. 7075, § 2, Sess. L. 2009, p. 108.

(a) "Solar or Wind Energy Systems" means any system that converts, stores, collects protects, or distributes the energy of the sun or wind into mechanical, chemical or electrical energy to provide power generation for the heating of water, the heating of cooling of buildings or other structures, and other similar purpose. (b) "Small Wind Energy System" means a wind energy conversion system consisting of a wind turbine tower, and associated control or conversation electronics, which has rated capacity to be determined by regulation. (c) "Utility Scale Energy System" means a wind energy conversation system consisting of a wind turbine tower and associated control or conversation electronics which has rated capacity above small wind energy system, to be determined by regulation. History: Added July 3, 2009, No. 7075, § 2, Sess. L. 2009, pp. 108, 109.

(a) Any covenant, condition, or restriction contained in any deed, contract, mortgage, security instrument, or other instrument pertaining to a conveyance, sale or transfer of real property or interest therein which prohibits or unreasonably limits the installation or use of a solar or wind energy shall be void and unenforceable. (b) A covenant, condition, or restriction is considered "unreasonable" for the purpose of this chapter if the covenant, condition or restriction increases the cost and expense of the solar or wind energy system to its owner or user, or it decreases its efficiency, or otherwise effectively discourages the installation or use of a solar or wind energy system. History: Added July 3, 2009, No. 7075, § 2, Sess. L. 2009, p. 109.

Notwithstanding the provisions of title 29 Virgin Islands Code, chapter 3, a tower used in a solar or wind energy system is limited in height only by regulations for small wind energy system and by FAA regulations for utility scale energy systems. History: Added July 3, 2009, No. 7075, § 2, Sess. L. 2009, p. 109.

This subchapter may be cited as "The Feed-in Tariff Act". History: Added May 16, 2014, No. 7586, § 2, Sess. L. 2014, p. 24.

The purpose of the Tariff established in section 1164 is to: (1) Allow all Virgin Islanders the opportunity to participate in renewable energy generation by requiring that the Utility purchase such energy at a fair and reasonable price; (2) Authorize the Commission to determine and set the rates at which energy shall be purchased from qualified owners under the power purchase agreements; (3) Protect against rising fuel costs; (4) Reduce residential and business consumers' costs for electricity in the Territory; (5) Stabilize the Territory's marketplace for renewable energy; (6) Assist the Territory in achieving its goal of 20% renewable energy portfolio by Year 2015 and increasing the percentage thereafter until a majority of the Utility's generating capacity is derived from renewable or alternative energy technologies, thereby reducing dependency on fossil fuel; (7) Positively impact job creation and economic development in the Territory by allowing FIT participation from all renewable energy technologies; (8) Protect the Territory's environment and natural resources by reducing greenhouse gas emissions and providing clean air benefits; and (9) Place the Territory in a cadre of advanced renewable energy innovators. History: Added May 16, 2014, No. 7586, § 2, Sess. L. 2014, p. 24, 25.

As used in this subchapter: (a) "Adequate renewable energy development" means a rate of development necessary to accomplish the renewable energy objectives and standards in title 12 V.I.C., chapter 23. (b) "Avoided costs" means the incremental costs to an electric utility of electric energy which, but for the purchase from the qualified owner or qualified owners, such utility would generate itself or purchase from another source. (c) "Capacity" means the alternating current nameplate capacity of a renewable electricity generator. (d) "Commission" means the Public Services Commission, as established by title 3 V.I.C. section 273. (e) "Feed-in Tariff Program" or "FIT Program" means an energy supply policy established under section 1164 of this subchapter which offers a long-term guarantee of payment by the Utility to a qualified owner for the actual amount of electricity produced and fed into the grid. (f) "Qualified Owner" means the individual or entity that owns or leases the renewable electricity generator located or to be located on real property within the Territory which may be owned, leased or licensed by the Qualified Owner. (g) "Renewable energy" has the same meaning as established in section 1101(i) of this title. (h) "Renewable electricity generator" means a single generator that uses only one type of renewable energy. (i) "Solar photovoltaic system" has the same meaning as established in section 1101(n) of this title. (j) "Utility" means the Virgin Islands Water and Power Authority or other regulated public utility that sells electrical power to the public in the Virgin Islands. (k) "Utility compliance costs" means all costs and expenses incurred or to be incurred by the Utility to interconnect the renewable electricity generator to the Utility's Grid, including but not limited to system upgrades; interconnection studies; design, engineering, construction costs; and the Commission's costs for investigations pursuant to 30 V.I.C. § 25. History: Added May 16, 2014, No. 7586, § 2, Sess. L. 2014, p. 25, 26.

A tariff is established when a qualified owner enters into a power purchase agreement with the utility for renewable energy generation projects through grid interconnection. The utility purchases actual electrical energy generated by qualified owners' projects at a percentage discount to the avoided cost of the Utility as set by the Commission. History: Added May 16, 2014, No. 7586, § 2, Sess. L. 2014, p. 26.

(a) Authority to offer tariff. No later than sixty days after the effective date of this subchapter, the Utility shall file for Commission approval a tariff and a proposed Power Purchase Agreement consistent with this section. The Commission within sixty days after receipt, shall initiate a review of the tariff consistent with its investigative powers established in 30 V.I.C. § 20. (b) Tariff terms. (1) The Utility shall enter into a power purchase agreement with the qualified owner of a renewable electricity generator, existing or to be created, which is proposed by the qualified owner to be interconnected to the grid. The agreement obligates the utility to purchase an agreed upon amount of the electricity produced by the renewable electricity generator. (2) There may be only one qualified owner per facility. (3) The term of the power purchase agreement may not be shorter than 10 years and not longer than 30 years. (4) The Commission shall establish the rates to be set forth in and paid under the power purchase agreement in accordance with subsections (c) and (d). (5) The utility shall file a copy of each power purchase agreement with the Commission within thirty days of execution. (c) Tariff rates. The tariff described in subsection (a) must have a rate schedule determined as follows: (1) The Commission shall set the FIT Program tariff rate for electricity generated by diversified renewable energy technologies under the purview of its ratemaking authority. (2) The Commission shall establish procedures for tariff rates depending on the renewable energy technology type; project size and the location of the project. (3) An appropriate tariff structure must establish rates at percentage discount to the avoided cost of the Utility in the given year that the power purchase agreement is executed. If the avoided cost rates change, the amount to be paid under any existing power purchase agreement may be adjusted. (4) The Commission shall review periodically and publish the avoided cost rate. (d) Tariff review and adjustment. (1) Effective sixty days from the effective date of this subchapter and at a minimum of every five years, the Commission shall, if it determines it to be necessary, and after proper review and analysis of the reports submitted, hold public hearings. The Commissioner shall also review such other publicly available information as it may consider appropriate, adjust tariff rates for new renewable energy systems to be developed, pursuant to this section, in order to promote meaningful amounts of renewable energy development projects in the Territory in order to minimize costs to ratepayers, and achieve compliance with the renewable energy standards set forth in section 1152 of this title. Rates paid under then-existing power purchase agreements must be adjusted by the new tariffs. (2) The Commission may increase one or more of the tariffs established pursuant to this section in accordance with paragraph paragraph (1)tice and hearing and upon finding that the objectives of achieving adequate renewable energy development as set forth in section 1152 et seq. are not likely to be met without increasing the tariff for renewable energy projects connected to the electrical distribution system. Similarly, if the Commission finds that the renewable energy objectives have been over-achieved, then the Commission may reduce one or more of the tariffs established pursuant to this section. An increase in the tariff made pursuant to this section may not exceed the Utility's avoided cost. (3) If after a certain period of time, little or no power purchase agreements are executed, presumably due to insufficient pricing, the Commission shall act in accordance with paragraph (1) of this section to adjust the pricing. An increase in the tariff made pursuant to this section may not exceed the Utility's avoided cost. (e) Tariff payments tax exemption. All payments of tariffs to customer-generators are exempt from inclusion in gross receipts for purposes of gross receipts tax and the application of Title 33 of the Virgin Islands Code. (f) Interconnection. (1) It is the policy of this subchapter to promote open access transmission by renewable energy generators to transmission cables of the utility. (2) The qualified owner shall bear all costs associated with the interconnection of renewable electricity generators, including direct interconnection costs and utility compliance costs, unless an alternate agreement is negotiated. (3) The Commission shall enforce the interconnection contract and standard interconnection schedules adopted by the utility except: (A) No Commission approval or acceptance is required; (B) The qualified owner shall bear all design, engineering, construction and procurement costs of the interconnection. (g) Standard power purchase agreement. No later than 90 days after the effective date of this subchapter, the Commission shall approve a standard contract to be used by the utility as the sole form of power purchase agreement under the feed-in tariff established pursuant to this section which is in effect on the date of the execution of the power purchase agreement. The form of standard contract may be altered from time to time to address developing circumstances. (1) The agreement must include the price paid for each kilowatt hour generated and must set forth an annual adjustment, effective on January 1 of each year or part year, to be prorated on the first January 1 of the agreement's term, at a rate set by the Commission and the duration of the agreement. (2) The agreement must require that the Utility must pay the qualified owner the tariff rate, as may be adjusted pursuant to subsection (d)(1) on a monthly basis; estimated payments may be made with adjustments based upon actual readings quarterly. (3) The qualified owner may not assign the agreement without the express written consent of the Utility. The Utility may not be unreasonably withhold its consent. (4) An originally-executed form of the power of attorney must be submitted to the Utility with the executed power purchase agreement. History: Added May 16, 2014, No. 7586, § 2, Sess. L. 2014, p. 26-29.

(a) A Utility shall enter into power purchase agreements pursuant to this subchapter with owners of renewable electricity generators until such time as the aggregate amount of renewable electricity generated or to be generated in that district by renewable electricity generators pursuant to this subchapter, and net metering systems, pursuant to subchapter IV, total: (1) On the Islands of St. Thomas, St. John and Water Island and other territorial offshore keys and islands, an aggregate capacity of 10 MWs; (2) On the Island of St. Croix an aggregate capacity of 5 MWs. (b) A Feed-in Tariff system operating pursuant to this subchapter must be greater than 10kw and smaller than 500kw of installed capacity, to allow as many entities as practicable to receive the benefits afforded by the FIT Program. (c) Power purchase agreements must be offered on a first-come, first-served basis until owner customer generators within each island have reached the aggregate capacity for that island. History: Added May 16, 2014, No. 7586, § 2, Sess. L. 2014, p. 29, 30.

(a) Meter installation. The utility shall supply, at no cost to the qualified owner, a meter or such other properly calibrated and tested device, as is needed to monitor and record the amount of power, in kilowatt hours, generated by the renewable electricity generator and delivered to the utility's distribution system or grid. The utility shall remain liable for payments due to the qualified owner for periods during which any meter that is supplied by the utility is not functioning properly. Any discrepancy on the reading of the utility's meter must be resolved by the Commission, if the discrepancy is not resolved by the utility and the qualified owner within 30 days after notice of the discrepancy by the qualified owner to the utility. (b) Cost recovery. The Commission shall require the utility to file rate schedules containing provisions for the automatic adjustment of charges for utility service in direct relation to the cost of electricity purchased from renewable electricity generators pursuant to the tariff established less than 30 V.I.C., sections 1 through 44 and all other costs required to comply with this subchapter. History: Added May 16, 2014, No. 7586, § 2, Sess. L. 2014, p. 30.

(a) Except as provided in subsection (b), no renewable electricity system, whether affixed to structures or improvements on real property or otherwise, may be deemed to be real property or a fixture of real property, and therefore may be conveyed or encumbered only as are other items of chattel. (b) For purposes of hazard, windstorm, flood, liability and other insurance purposes, solar energy and other renewable energy equipment must be considered, absent express exclusions, fixtures included in any policy of insurance which provides insurance coverage for the real property or improvements to which they are affixed. All insurers that expressly exclude solar energy and other renewable energy equipment shall offer a rider to other policies of insurance offered, for coverage of solar energy equipment at reasonable rates. History: Added May 16, 2014, No. 7586, § 2, Sess. L. 2014, p. 30, 31.