(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) of this subsection, 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.