Legislative intent

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  • (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.


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