B. The fees charged to an applicant should reflect the average time and complexity of permit processing in each of the different categories. One. No operator may cause or permit the operation of a Commonwealth facility unless an oil discharge plan applicable to the facility has been submitted to and approved by the Board. No operator may cause oil to be transported or transshipped by an oil tanker in state waters or permit an oil discharge emergency plan applicable to the tanker to have been submitted and approved by the Board or an oil tanker applicable to the tanker and approved by the United States Coast Guard pursuant to Section 4202 of the Federal Oil Pollution Act of 1990. C. A record of all discharges of oil into countries of State in quantities less than twenty-five gallons shall be established in accordance with subdivisions A and B of this section and shall be kept for a period of five years. The Oil Spills Act, enacted in 19771, states that anyone who discharges oil without a permit – even a very small amount – is “strictly responsible” (regardless of fault) for all clean-up and disposal costs. As a result, the owner of the oil tank from which the oil spilled or spilled – such as the owner whose oil tank is leaking – may have to pay for the clean-up, regardless of whether the owner`s actions “caused” the spill or leak. H. Any oil tanker entering State waters that fails to demonstrate financial responsibility in accordance with Articles 62.1 to 44.34:16 and any ship discharging oil into or into State waters may be detained and detained as security for the payment to the Commonwealth of damages or penalties imposed under this Article. These damages and penalties constitute a lien on the ship and the lien guarantees all containment and clean-up costs, damages, fines and, where applicable, penalties for which the operator may be held liable. The vessel is released after deposit of a security deposit with security equal to the maximum amount of such damage or penalties.

B. In the case of such dismissal or threat of dismissal, if it is not immediately possible to determine which person is responsible, or if the person is unwilling or unable to contain and immediately resolve the dismissal or threat of dismissal, the Council may take such measures as may be necessary to contain and eliminate the initiation or threat of dismissal. including hiring contractors or other competent persons. C. Any person who discharges or causes or permits oil into or on Commonwealth state waters, lands or stormwater drainage systems, initiates, causes or permits a spill of oil that may reasonably be expected to enter state waters, land or stormwater drainage systems, or causes or permits a significant risk associated with such a release, and any operator of a facility; Vehicles or vessels from which oil is discharged into or on state waters, land or stormwater drainage systems in the Commonwealth, or from which oil may reasonably be expected to enter state waters, land or stormwater drainage systems, or from which there is a significant risk of such releases, the following shall be responsible for: B. In the event of a contravention of this Article or a regulation, an administrative or judicial order, a time limit or condition of approval issued under this Article, or a failure to comply with a special order of the Committee under this Section, the Board shall have the power to obtain a civil injunction in respect of such an offence. obtain an equitable remedy and recover all costs, damages and civil penalties arising from any such breach or non-compliance. The Board has the right to award reasonable attorneys` fees and costs in any action in which it is a successful party. D. Facilities that do not engage in the resale of oil from aboveground storage tanks are not subject to regulations published under sections 62.1 to 44.34:15.1 before July 1, 1995 or on any date subsequently determined by the Board. `ship` means any description of vessels or other objects used as means of transport on water, whether self-propelled or not, including barges and tugs; E.

Any person who knowingly violates, provokes or permits the violation of any provision of this article or of any regulation, administrative or judicial order, or condition of approval issued under this article shall be guilty of an offence punishable by imprisonment for a term not exceeding 12 months and a fine of not more than US$ 100,000. one or the other or both. Every person who, knowingly or intentionally, makes false statements, statements or certificates in an application, record, report, plan or other document presented or to be kept under this section or by an administrative or judicial order made under this section is guilty of an offence punishable by imprisonment for not less than one year and not more than three years and a fine. up to $100,000. one or the other or both. In the event of a discharge of oil into or on State waters: 1. the operation of an installation or ship covered by the plan has changed, requiring an amended or supplemented plan; c. for the prevention of pipe leakage, requirements for cathodic protection and pressure testing to be carried out at least every five years, or equivalent measures to be established by the Committee; B. Within ninety days after the regulations referred to in Subdivision A come into force, the operators of a facility must register the facility with the board of directors and the local director or emergency services coordinator appointed in accordance with § 44-146.19 and provide an inventory of the aboveground storage tanks in the facility.