HB 949

Abstract

Hazardous Substance Facility Response Plans; civil penalties. Requires any person that is required to submit a facility response plan under the U.S. Environmental Protection Agency's (EPA) Clean Water Act Hazardous Substance Worst Case Discharge Planning Regulations to submit evidence of an EPA-approved facility response plan to the Department of Environmental Quality within a certain time period and to comply with such plan. The bill provides certain requirements for reporting, recordkeeping, and inspection and authorizes the Department to initiate a civil action to obtain certain equitable relief for violations of the bill's provisions. The bill imposes civil penalties for any person that negligently, willfully, or knowingly (i) discharges or causes to discharge a hazardous substance from a facility or (ii) fails to implement or comply with an EPA-approved facility response plan. Finally, the bill provides a delayed effective date of the next fiscal year immediately following the effective date of the EPA's final rule on Clean Water Act Hazardous Substance Worst Case Discharge Planning and requires the Department to develop guidance to implement the provisions of the bill in the six months preceding such effective date.

Hazardous Substance Facility Response Plans; civil penalties. Requires any person that is required to submit a facility response plan under the U.S. Environmental Protection Agency's (EPA) Clean Water Act Hazardous Substance Worst Case Discharge Planning Regulations to submit evidence of an EPA-approved facility response plan to the Department of Environmental Quality within a certain time period and to comply with such plan. The bill provides certain requirements for reporting, recordkeeping, and inspection and authorizes the Department to initiate a civil action to obtain certain equitable relief for violations of the bill's provisions. The bill imposes civil penalties for any person that negligently, willfully, or knowingly (i) discharges or causes to discharge a hazardous substance from a facility or (ii) fails to implement or comply with an EPA-approved facility response plan. Finally, the bill provides a delayed effective date contingent upon the effective date of the EPA's final rule on Clean Water Act Hazardous Substance Worst Case Discharge Planning.

Aboveground storage tanks; Hazardous SubstanceAboveground Storage Tank Fund; civil penalties. Directs the StateWater Control Board to regulate aboveground storage tanks with acapacity of more than 1,320 gallons that contain hazardous substancesother than oil. The bill directs the Board to adopt regulations thatestablish requirements for registration and other requirements oftank owners and that establish a schedule of registration and renewalfees. The bill authorizes the Board to take corrective action inthe event of a discharge of a hazardous substance. The bill requirestank owners to notify certain parties in the event of a release ofa regulated substance. The bill also creates the Hazardous SubstanceAboveground Storage Tank Fund, with moneys from the Fund to be usedsolely for the administration of the bill, and provides for civilpenalties for violations of requirements of the bill, with such moneysreceived to be deposited into the existing Virginia Environmental Emergency Response Fund.