9 Va. Admin. Code § 25-91-40 - Compliance dates
A. Every
operator shall comply with this chapter on its effective date unless a later
date is otherwise specified.
B.
Operators of facilities existing on June 24, 1998, and exempted under §
62.1-44.34:17 D of the Code of Virginia (i.e., facilities not engaged in the
resale of oil) having an aboveground storage capacity of 25,000 gallons or
greater of oil must have complied with Part III (9VAC25-91-130
et seq., Pollution Prevention Requirements) of this chapter on or before
October 22, 1998, unless otherwise specified in this chapter. If compliance
with Part III of this chapter necessitates extensive upgrades to the existing
facility design, these exempted operators shall have submitted a proposed
extended compliance schedule and supporting explanation to the department no
later than September 22, 1998, or such date approved by the
department.
C. Operators of ASTs
and facilities existing prior to June 24, 1998, and previously registered in
accordance with the requirements of § 62.1-44.34:19.1 of the Code of
Virginia shall not have to resubmit the registration form until five years from
the date of the initial registration unless title to that AST or facility is
transferred (i.e., change of ownership) or the AST is converted or brought back
into use after permanent closure, whichever occurs first.
D. Operators of facilities subject to Part IV
(9VAC25-91-170,
Oil Discharge Contingency Plan (ODCP) Requirements) of this chapter that were
brought into use on or after June 24, 1998, shall submit a complete application
meeting all applicable requirements of this chapter no later than 90 days prior
to commencement of operations.
1. The operator
must receive approval of the ODCP by the department prior to commencement of
facility operations.
2. The
operators of facilities that have previously met the provisions of §
62.1-44.34:15 of the Code of Virginia for ODCP submittal shall not be required
to resubmit the ODCP until 90 days prior to the date that plan's approval
expires. Ninety days prior to the expiration of approval of the ODCP, the
facility operator shall submit an updated plan or certification of renewal of
an existing plan according to
9VAC25-91-170
F.
E. An operator having
obtained approval of the ODCP shall operate, maintain, monitor, and keep
records pertaining to
9VAC25-91-170
A 18 of Part IV (9VAC25-91-170,
Oil Discharge Contingency Plan (ODCP) Requirements) of this chapter and under
the provisions of Part III (9VAC25-91-130
et seq., Pollution Prevention Requirements) of this chapter.
Notes
Statutory Authority: §§ 62.1-44.15, 62.1-44.34:15, 62.1-44.34:15.1, and 62.1-44.34:19.1 of the Code of Virginia.
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