(1) “Department” means the Department of Planning and Natural Resources.
(2) “Commissioner” means the Commissioner of the Department of Planning and Natural Resources.
(3) “Barrel” means forty-two (42) U.S. gallons at sixty degrees (60 degrees) fahrenheit.
(4) “Other measurements” means measurements set by the Department of products transferred at terminals which are other than fluid or which are not commonly measured by the barrel.
(5) “Discharge” means any spilling, leaking, seeping, pouring, emitting, emptying or dumping.
(6) “Fund” means the Virgin Islands Shoreline Protection Fund.
(7) “Pollutants” shall include, but not be limited to, oil of any kind and in any form, gasoline, pesticides, ammonia, chlorine and other hazardous materials.
(8) “Pollution” means the presence in the outdoor atmosphere or waters of the territory of any one (1) or more substances or pollutants, in quantities which are or may be potentially harmful or injurious to human health or welfare, animal or plant life, or property or which may unreasonably interfere with the enjoyment of life or property, including outdoor recreation.
(9) “Terminal facility” means any waterfront facility of any kind, other than vessels not owned or operated by such facility, and related appurtenances located on land, including submerged lands, or on or under the surface of any kind of water, which facility and related appurtenances are used or capable of being used for the purpose of drilling for, pumping, storing, handling, transferring, processing or refining oil or other pollutants, including, but not limited to, any such facility and related appurtenances owned or operated by a public utility or a governmental or quasi-governmental body. A vessel shall be considered a terminal facility only in the event of a ship-to-ship transfer of oil, petroleum products or their by-products and other pollutants, and only that vessel going to or coming from the place of transfer and the terminal facility.
With respect solely to application fees for licenses and annual license fees as required in this chapter, the term “terminal facility” shall not be construed to include the fuel storage tanks or other facilities of any marine service station having no more than twelve hundred gallons of pollutants in storage on the premises.(10) “Owner” or “operator” means any person owning or operating a terminal facility, whether by lease, contract, or any other form of agreement.
(11) “Transferred” includes both onloading and offloading between terminal and vessel and vessel to vessel.
(12) “Vessel” includes every description of watercraft or other contrivance used, or capable of being used, as a means of transportation on water, whether self-propelled or otherwise, and includes barges and tugs.
(13) “Harbor master” means the Executive Director of the Virgin Islands Port Authority or his designee.
(14) “Person in charge” means the person on the scene who is in direct, responsible charge of a terminal facility or vessel from which oil or other pollutants are discharged when the discharge occurs.
(15) “Discharge cleanup organization” means any group, incorporated or unincorporated, of owners or operators of waterfront terminal facilities and any other person who may elect to join, organized for the purpose of containing and cleaning up discharges of oil and other pollutants through cooperative efforts and shared equipment and facilities.
(16) “Person” means any individual, firm, corporation, partnership or other association.