Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 101 - TANK VESSEL OIL DISCHARGE CONTINGENCY PLAN AND FINANCIAL RESPONSIBILITY REGULATION › Section 9VAC25-101-10 - Definitions

Current through Register Vol. 40, No. 24, July 15, 2024
The following words and terms, when used in this chapter,
				  shall have the following meanings unless the context clearly indicates
				  otherwise:
"Board" means the State Water Control Board. When used
				  outside the context of the promulgation of regulations, including regulations
				  to establish general permits, "board" means the Department of Environmental
				  Quality.
"Containment and cleanup" means abatement, containment,
				  removal and disposal of oil and, to the extent possible, the restoration of the
				  environment to its existing state prior to an oil discharge.
"Department" means the Department of Environmental
				  Quality.
"Discharge" means any spilling, leaking, pumping, pouring,
				  emitting, emptying or dumping.
"Net worth" means the amount of all assets of a tank vessel
				  operator located in the United States, less all liabilities.
"Oil" means oil of any kind and in any form, including, but
				  not limited to, petroleum and petroleum byproducts, fuel oil, lubricating oils,
				  sludge, oil refuse, oil mixed with other wastes, crude oils and all other
				  liquid hydrocarbons regardless of specific gravity. For the purpose of this
				  chapter only, this definition does not include nonpetroleum hydrocarbon-based
				  animal and vegetable oils or petroleum, including crude oil or any fraction
				  thereof which is specifically listed or designated as a hazardous substance
				  under subparagraphs (A) through (F) of § 101(14) of the Comprehensive
				  Environmental Response, Compensation, and Liability Act (42 USC §
										9601) and which is subject to the provisions
				  of that Act.
"Operator" means any person who owns, operates, charters by
				  demise, rents or otherwise exercises control over or responsibility for a
				  facility or a vehicle or vessel.
"Person" means an individual, trust, firm, joint stock
				  company, corporation including a government corporation, partnership,
				  association, any state or agency thereof, municipality, county, town,
				  commission, political subdivision of a state, any interstate body, consortium,
				  joint venture, commercial entity, the government of the United States or any
				  unit or agency thereof.
"Public vessel" means a vessel owned or bareboat-chartered
				  and operated by the United States, by a state or political subdivision thereof,
				  or by a foreign nation, except when such vessel is engaged in commerce.
"State waters" means all water, on the surface and under the
				  ground, wholly or partially within or bordering the Commonwealth or within its
				  jurisdiction.
"Tank vessel" means any vessel used in the transportation of
				  oil in bulk as cargo. For the purpose of this chapter, this definition includes
				  tankers, tank ships, tank barges and combination carriers when carrying oil. It
				  does not include vessels carrying oil in drums, barrels, portable tanks or
				  other packages or vessels carrying oil as fuel or stores for that vessel. For
				  the purpose of this chapter only, this definition does not include public
				  vessels.
"Vehicle" means any motor vehicle, rolling stock or other
				  artificial contrivance for transport whether self-propelled or otherwise,
				  except vessels.
"Vessel" includes every description of watercraft or other
				  contrivance used as a means of transporting on water, whether self-propelled or
				  otherwise, and shall include barges and tugs.
"Working capital" means the amount of current assets of a
				  tank vessel operator located in the United States, less all current
				  liabilities.
Statutory Authority: §§ 62.1-44.15,
					 62.1-44.34:16, and 62.1-44.34:21 of the Code of
					 Virginia.