Powers and duties

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  • 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.


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