(1) Each owner or operator of a terminal facility or vessel, including any barge, using any port in the United States Virgin Islands shall establish and maintain under rules and regulations prescribed by the Department evidence of financial responsibility based on the capacity of the terminal facility or tonnage of the ship, the cargo carried, and other similar factors to which the vessel could be subjected under this chapter. Financial responsibility may be established and maintained by any one (1), or a combination, of the following methods acceptable to the Department.
(a) Evidence of insurance;
(b) Surety bonds payable to the Government of the United States Virgin Islands, conditioned to pay all costs and expenses of the cleanup of any discharge as well as damages caused to the territory and any person;
(c) Qualifications as a self-insurer; or
(d) Other evidence of financial responsibility satisfactory to the Department.
(2) A bond filed with the Department shall be issued by a bonding company authorized to do business in the territory.
(3) Any claim for costs incurred by a terminal facility or vessel may be brought directly against the insurer or any other person providing evidence of financial responsibility. Any claim for costs, cleanup, civil penalties, or damages by the territory, and any claim for damages by any injured person, may be brought directly against the bond, the insurer, or any other person providing evidence of financial responsibility.
(4) Each owner or operator of a terminal facility or a vessel subject to the provisions of this chapter shall designate a person in the territory as his legal agent for service of process under this chapter, and such designation shall be filed with the Office of the Lieutenant Governor. In the absence of such designation the Lieutenant Governor shall be designated agent for purposes of service of process under this chapter.