Public participation

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  • (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.


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