Powers and duties of the Department

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  • 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.


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