CHAPTER 659

An Act to revise, rearrange, amend and recodify the general laws
Virginia relating to waters of the State, ports and harbors; to t)
end to repeal Title 62 of the Code of Virginia, which title inelyg
Chapters 1 to 14 and §§ 62-1 to 62-195, inclusive, of the Code
Virginia, as amended, and relates to waters of the state, ports aq,
harbors; to amend the Code of Virginia by adding thereto; in Ii
of the foregoing title, chapters and sections of the Code repealed |
this act, a new title numbered 62.1 which new title includes ne
chapters numbered 1 to 20 inclusive, and new sections numbere
62.1-1 to 62.1-196, inclusive, relating to waters of the State, ports an
harbors; to amend and re-enact §§ 28.1-116 and 33-69 of the Cod
of Virginia, relating, respectively, to the rights of owners of water
within a lawful survey and to taking road materials from stream:
rivers and water courses; and to prescribe when such revision an
recodification shall become effective.

[H 277
Approved April 5, 1968

Be it enacted by the General Assembly of Virginia:

That Title 62 of the Code of Virginia, which title includes Chapters
> 14 and §§ 62-1 to 62-195, inclusive, of the Code of Virginia, as amended,
‘epealed.

That the Code of Virginia be amended by adding thereto, in lieu of
» title, chapters and sections of the Code herein repealed, a new title
mbered 62.1, new chapters numbered 1 to 20, inclusive, and new sections
mbered 62.1-1 to 62.1-196, inclusive, which new title, chapters and
tions are as follows:

TITLE 62.1

WATERS OF THE STATE, PORTS AND HARBORS.

CHAPTER 1.

WATER COURSES GENERALLY.

§ 62.1-1. Ungranted beds of bays, rivers, creeks and shores of the
1 to remain in common.—All the beds of the bays, rivers, creeks and
2 shores of the sea within the jurisdiction of this Commonwealth, and
t conveyed by special grant or compact according to law, shall continue
d remain the property of the Commonwealth of Virginia, and may be
ed as a common by all the people of the State for the purpose of fishing
d fowling, and of taking and catching oysters and other shellfish,
bject to the provisions of Title 28.1, and any future laws that may be
ssed by the General Assembly. And no grant shall hereafter be issued
the State Librarian to pass any estate or interest of the Common-
alth in any natural oyster bed, rock, or shoal, whether the bed, rock
shoal shall ebb bare or not.

§ 62.1-2. Rights of owners to extend to low water mark.—Subject
the provisions of the preceding section, the limits or bounds of the
veral tracts of land lying on such bays, rivers, creeks and shores, and
e rights and privileges of the owners of such lands, shall extend to low
itermark, but no farther, unless where a creek or river, or some part
ereof, is comprised within the limits of a lawful survey.

For the purposes of this section “lawful survey” shall mean the
undaries of any land, including submerged lands, held under a special
ant or compact as required by § 62.1-1 whenever such boundaries shall
ve been determined by generally accepted surveying methods and pro-
jures and evidenced by a plat or map thereof recorded in the clerk’s
office of the court wherein deeds are recorded in the county or city wherein
such land lies.

§ 62.1-3. Authority required for use of subaqueous beds.—It shall
be unlawful and constitute a misdemeanor for anyone to build, dump, or
otherwise trespass or encroach upon or take or use any materials from the
beds of the bays, rivers, creeks, and the shores of the sea, which are the
property of the Commonwealth, without first obtaining authority from
Marine Resources Commission, except for (1) the erection of dams, the con-
struction of which has been authorized by proper authority, (2) the uses
of subaqueous beds authorized under the provisions of Title 28.1 of the
Code, (3) uses incident to the construction and maintenance of approved
navigation and flood-control projects, (4) sea-walls and jetties incident
to controlling erosion, (5) private docks and landings for non-commercial
use, (6) fills by riparian owners opposite their property to the estab-
lished bulkhead line, (7) bridge, dock, pier and other facilities for public
use or owned or operated by any public service corporation, and (8) other
uses which have been or may be authorized by the General Assembly.

Such authority by the Marine Resources Commission shall be in writ-
ing and shall specify such conditions, terms and royalties as the Marine
Resources Commission deems appropriate; provided, however, that in the
case of marinas and boatyards for commercial use and not included in any
of the exceptions hereinbefore set forth, the Marine Resources Commission
shall issue a permit without payment of royalty upon presentation by the
owner of plans which have been approved by the United States Corps of
Army Engineers for the erection of piers, docks, landings, slips, bulk-
heads, or other structures adjacent to their highland property, and pro-
vided there is no encroachment upon (1) permits, licenses, or easements
previously issued, (2) existing oyster ground leases or (3) the Baylor
Survey; and provided further, that in the case of a marina, the owner
presents a plan for sewerage facilities approved by the State Department
of Health. Upon application therefor, the Commission of Fisheries shall
transfer such permit.

A fee of twenty-five dollars shall be paid for issuing each such permit.
When such plans called for removal of bottom material that fact shall
be stated in the permit and there shall be paid a royalty of five cents
per cubic yard for the removal of such material. Maintenance dredging
of any area from which such bottom material has been removed shall be
exempt from further royalty. Any such agreement or contract approved
and made by the Marine Resources Commission shall be subject to the
approval of the Attorney General, with the consent and approval of the
Governor.

All royalties or funds that are collected from such agreements or
contracts shall be paid into the State treasury to the credit of the Special
Public Oyster Rock Replenishment Fund for the purposes of such fund.
Expenditures and disbursements of all sums from such fund shall be made
by the State Treasurer on warrant of the Comptroller issued on vouchers
signed by such person or persons as shall be so authorized and designated
by the Marine Resources Commission.

All permits heretofore issued pursuant to this section or prior Section
62-2.1 are hereby ratified, validated and confirmed.

_ § 62.1-4. Granting easements in, and leaving of, the beds of cer-
tain waters; Public Oyster Rock Replenishment Fund.—The Marine Re-
sources Commission, with the approval of the Attorney General and the
Governor, may grant easements in, and may lease, the beds of the water of
the State, without the Baylor Survey. Every such easement or lease may be
for a period not exceeding five years, may include the right to renew
the same for an additional period not exceeding five years each and shall
specify the rent royalties and such other terms deemed expedient and
proper. Such easements and leases may, in addition to any other nights,
authorize the grantees and lessees to prospect for and take from the
bottoms covered thereby, oil, gas, and such other minerals and mineral
substances as are therein specified; provided, that no such easement or
lease shall in any way affect or interfere with the rights vouchsafed to
the people of the State concerring fishing, fowling, and the catching and
taking of oysters and other shellfish, in and from the bottoms so leased,
and the waters covering the same. All easements granted and leases
made under the authority granted by this section, shall be executed in
the name and for and on behalf of the State, by the Attorney General,
and shall be countersigned by the Governor. All rents or royalties col-
lected from such easements or leases shall be paid into the State treasury
to the credit of the Special Public Oyster Rock Replenishment Fund for
the purposes of such fund. Expenditures and disbursements of all sums
from such fund shall be made as provided in § 62.1-4. The Commissioner
of Marine Resources and the Attorney General shall make reports to the
General Assembly of all such easements granted or leases so made, such
reports to be made on or before the first day of December preceding the
convening of each regular session thereof.

§ 62.1-5. Commission of Game and Inland Fisheries to control cer-
tain lands.—_The Commission of Game and Inland Fisheries is hereby
empowered to control land owned by and under the control of the Com-
monwealth under Back Bay, its tributaries and the North Landing River
from the North Carolina line to North Landing Bridge, in order to
regulate or prohibit by regulation any drilling, dredging or other opera-
tion designed to recover or obtain shell, minerals or other substance,
in order to prevent practices and operations which would harm the area
for fish and wildlife.

§ 62.1-6. How water courses between counties cleared of obstruc-
tions.— The circuit court of any county which is divided by a water course
from another county or through any part of which a water course passes
may, by itself or in conjunction with the circuit court or circuit courts
of any other county or counties, contract with any person or order laborers
to be hired to clear such water course of obstructions in such manner and
to such extent as may seem to it proper, and there shall be charged on
any county whatever sum the court thereof may agree to pay for such
purpose.

§ 62.1-7. Rights of improving navigation preserved; dams, etc.—
Whatever power is reserved to the General Assembly by any act here-
tofore passed to abate or remove any dam or other works in a water
course, or to improve its navigation, shall continue in full force. And in
no case shall the right of the State, or of any company incorporated
for opening, improving, or extending the navigation of any water course,
to preference in the use of the water flowing therein for the purposes
of such navigation be affected by any order of court, which, since the
first day of April, eighteen hundred sixteen, has been made, or here-
after may be made, granting leave to any person to erect a dam or other
obstruction across or in such water course.

§ 62.1-8. Limitation on power of courts to grant leave to erect
dams.—Where u water course is navigable, or by law declared a public
highway, no court shall grant leave to any person to erect in that part
of it any dam which will obstruct ordinary navigation or the passage
of fish; and where any law has been or shall be enacted for opening, im-
proving or extending the navigation of a water course no court shall,
while such law is in force, grant leave to any person to erect any dam or
other obstruction across or in such water course which will in any way
interfere with the navigation thereof without express authority of law or
the consent of the company incorporated to open, improve or extend such
navigation. Any such dam shall, notwithstanding it may be built under
such leave, be deemed a nuisance, and may be abated as such, or such
company or the State may make a lock or locks in such dam for the
passage of vessels and boats without being required to make any com-
pensation therefor.

§ 62.1-9. Construction of two preceding sections.—The two preced-
ing sections shall not be construed to give any greater or other right to
any person who has erected or may erect any dam or other obstruction
across or in any water course, than such person would have had if such
sections had not been enacted.

CHAPTER 2.

STATE POLICY AS TO WATERS.

§ 62.1-10. Definitions.—As used in this chapter, the following terms
shall have the meanings respectively ascribed to them:

(a) “Water” includes all waters, on the surface and under the ground,
wholly or partially within or bordering the State or within its jurisdiction
and which affect the public welfare.

(b) ‘Beneficial use” means domestic, agricultural, recreational and
commercial and industrial uses.

§ 62.1-11. Declared natural resource; State regulation and conser-
vation; limitations upon right to use.—(a) Such waters are a natural re-
source which should be regulated by the State.

(b) The regulation, control, development and use of waters for all
purposes beneficial to the public are within the jurisdiction of the State
which in the exercise of its police powers may establish measures to
effectuate the proper and comprehensive utilization and protection of
such waters.

(c) The changing wants and needs of the people of the State may
require the water resources of the State to be put to uses beneficial to
the public to the extent of which they are reasonably capable; the waste
or unreasonable use or unreasonable method of use of water should be
prevented; and the conservation of such water is to be exercised with
a view to the welfare of the people of the State and their interest in
the reasonable and beneficial use thereof.

(d) The public welfare and interest of the people of the State re-
quire the proper development, wise use, conservation and protection of
eke resources together with protection of land resources, as affected

ereby.

(e) The right to the use of water or to the flow of water in or from
any natural stream, lake or other watercourse in this State is and shall
be limited to such water as may reasonably be required for the beneficial
use of the public to be served; such right shall not extend to the waste
or unreasonable use or unreasonable method of use of such water.

§ 62.1-12. Valid uses not affected; chapter not applicable to proceed-
ings determining rights.—Nothing in this chapter shall operate to affect
any existing valid use of such waters or interfere with such uses here-
after acquired, nor shall it be construed as applying to the determination
of rights in any proceeding now pending or hereafter instituted.

§ 62.1-13. Construction with reference to rights, etc., of counties,
cities and towns.—Nothing in this chapter contained shall be construed
as a declaration of policy of the State to divest any county, city or town
of its title or right to any water or of its powers conferred by law with
respect to the disposition thereof; nor shall anything in this chapter be
construed to authorize the impairment of any contract to which such
county, city or town is a party, or to obligate any county, city or town to
appropriate or expend any funds. The purpose of this chapter is
to recognize the public use to which such water is devoted.
§ 62.1-14. Short title; purpose—rThe short title of this chapter is
State Water Control Law. It is the policy of the Commonwealth of Virginia
and the purpose of this law to: (1) maintain all State waters in, or
restore them to, such condition of quality that any such waters will permit
all reasonable public uses, and will support the propagation and growth of
all aquatic life, including game fish which might reasonably be expected
to inhabit them, (2) safeguard the clean waters of the State from pollu-
tion, (3) prevent any increase in pollution, and (4) reduce existing pollu-

on.

§ 62.1-15. Definitions.—Unless a different meaning is required by
the context the following terms as used in this chapter shall have the
meanings hereinafter respectively ascribed to them:

(1) “Board” means the State Water Control Board, in this chapter
sometimes called the Board;

(2) “Member” means a member of the Board;

(3) “Certificate” means any certificate issued by the Board;

(4) “State Waters” means all water, on the surface and under the
ground, wholly or partially within or bordering the State or within its
jurisdiction ;

(5) “Owner” means the State or any of its political subdivisions,
any public or private institution, corporation, association, firm or com-
pany organized or existing under the laws of this or any other state or
country, or any person or group of persons acting individually or as a

group;

(6) “Pollution” means such alteration of the physical, chemical or
biological properties of any State waters, or such discharge or deposit of
sewage, industrial waste or other wastes into State waters as will or is
likely to create a nuisance or render such waters (a) harmful or detri-
mental or injurious to the public health, safety or welfare or to the
health of animals, fish or aquatic life; (b) unsuitable with reasonable
treatment for use as present or possible future sources of public water
supply; or (c) unsuitable for recreational, commercial, industrial, agri-
cultural, or other reasonable uses; provided that an alteration of the phys-
ical, chemical, or biological property of State waters, or a discharge or
deposit of sewage, industrial wastes or other wastes to State waters by
any owner which by itself is not sufficient to cause pollution, but which,
in combination with such alteration of or discharge or deposit to State
waters by other owners is sufficient to cause pollution, is “pollution” for
the terms and purposes of this law; and provided further that the dis-
charge of untreated sewage by any owner into State waters is “pollution”
for the terms and purposes of this law;

(7) “Sewage” means the water-carried human wastes from resi-
dences, buildings, industrial establishments or other places together with
such industrial wastes, underground, surface, storm, or other water, as
may be present;

(8) “Industrial wastes” means liquid or other wastes resulting from
any process of industry, manufacture, trade or business, or from the de-
velopment of any natural resource;

(9) “Other wastes” means decayed wood, sawdust, shavings, bark,
lime, garbage, refuse, ashes, offal, tar, oil, chemicals, and all other sub-
stances, except industrial wastes and sewage, which may cause pollution
of any State waters;

(10) “Establishment” means any industrial establishment, mill, fac-
tory, tannery, paper or pulp mill, mine, coal mine, colliery, breaker or coal
processing operations, quarry, oil refinery, boat, vessel, and each and every
other industry or plant or works the operation of which produces in-
dustrial wastes or other wastes or which may otherwise alter the physical,
chemical or biological properties of any State waters.

(11) “Sewerage system” means pipe lines or conduits, pumping sta-
tions, and force mains, and all other constructions, devices, and appli-
ances appurtenant thereto, used for conducting sewage or industrial wastes
or other wastes to a point of ultimate disposal ;

(12) “The law” or “this law’ means the law contained in this chapter
as now existing or hereafter amended.

(183) “Rule” means rules adopted by the Board to regulate the pro-
cedure of the Board pursuant to § 62.1-27 (7).

(14) “Special Order” means special orders issued under § 62.1-27 (8)
or § 62.1-27 (9).

(15) “Ruling” means rulings issued under § 62.1-27 (10).

(16) “Regulation” means regulations issued under § 62.1-27 (11).

(17) “Standards” means standards established under § 62.1-27 (3).

(18) “Policies” means policies established under § 62.1-27 (8).

_ § 62.1-16. Control by State as to pollution.—No right to continue
existing pollution in any State water shall exist nor shall such right be or be
deemed to have been acquired by virtue of past or future pollution by any
owner. The right and control of the State in and over all State waters is
hereby expressly reserved and reaffirmed.

§ 62.1-17. Public policy regarding waste discharges or other quality
alterations of State waters.—It is hereby declared to be against public
policy and a violation of this chapter punishable under § 62.1-44 for any
owner who does not have a certificate issued by the Board to (1) discharge
into State waters sewage, industrial wastes, other wastes, or any noxious
or deleterious substances, or (2) otherwise alter the physical, chemical or
biological properties of such State waters and make them detrimental to
the public health, or to animal or aquatic life, or to the uses of such waters
for domestic or industrial consumption, or for recreation, or for other uses.

§ 62.1-18. Chapter supplementary to existing laws; effect on other
laws and sanitation district commissions.—This chapter is intended to
supplement existing laws and no part thereof shall be construed to repeal
any existing laws specifically enacted for the protection of health or the
protection of fish, shellfish and game of the State, except that the adminis-
tration of any such laws pertaining to the pollution of State waters, as
herein defined, shall be in accord with the purpose of this chapter and
general policies adopted by the Board; and it is hereby expressly provided
that the provisions in this chapter shall not affect any owner who dis-
charges sewage, industrial wastes or other wastes into a sewer or sewerage
system which connects with or is a part of the sewerage system maintained
and operated (a) by any sanitation district commission heretofore created
and existing or hereafter created pursuant to the sanitation districts law
of nineteen hundred thirty-eight, as amended, or (b) by any such district
commission created under any act passed at the nineteen hundred forty-six
regular session of the General Assembly; and further provided that the
Board shall have authority, jurisdiction and power to issue, in the case of
any sanitation district commission now existing or hereafter created pur-
suant to such laws, such special order or orders as it may issue to an owner
or owners under the provisions of § 62.1-27, such order or orders to be
issued in the same manner, for the same reasons and with the same effect
as is provided in such section; and further provided that, except as herein
otherwise expressly provided, nothing in this chapter shall affect the
jurisdiction or powers of such district commissions,
§ 62.1-19. Board continued.—The State Water Control Board, «
tablished in the Executive Department of the State, is continued.

§ 62.1-20. Number, appointment and terms of members.—The Boa:
shall consist of five members appointed by the Governor subject to co:
firmation by the General Assembly. Members heretofore appointed shz
continue in office for the terms for which appointed; their successors sha
be appointed for the terms of four years each. Vacancies other than h

expiration of term shall be filled by the Governor by appointment for th
unexpired term.

§ 62.1-21. Qualifications of members.—Members of ‘the Board shal
be citizens of the State; shall be selected from the State at large for meri
without regard to political affiliation; and shall, by character and reputa
tion, reasonably be expected to inspire the highest degree of cooperatior
and confidence in the work of the Board. No officer, employee or represent.
ative of any certificate-holder or of any industry, municipal corporation
or county which may become a certificate-holder shall be appointed to the

oard.

§ 62.1-22. Compensation and expenses of members.—No Salary or
compensation shall be allowed any member of the Board for services
thereon, but each member shall receive twenty-five dollars a day for
attendance upon its meetings and his actual and necessary traveling and
other expenses incurred in the discharge of his official duties as a member
or by direction or request of the Board.

§ 62.1-23. Meetings and quorum.—The Board shall meet regularly
twice a year, and other meetings may be held at any time or place deter-
mined by the Board or upon call of the Chairman or upon written request
of any two members. All members shall be duly notified of the time and
place of any regular or other meeting at least five days in advance of such
meeting.

§ 62.1-24. Records of proceedings: special orders, standards, poli-
cies, rules and regulations.—The Board shall keep a complete and accurate
record of the proceedings at all its meetings, a copy of which shall be kept
on file in the office of the executive secretary and open to public inspection.
Any standards, policies, rules or regulations adopted by the Board to have
general effect in part or all of the State shall be filed with the Secretary of
the Commonwealth at least thirty days before they are to take effect. Any
special order issued under the provisions of subdivisions (8) or (9) of
3 62.1-27 need not be filed with the Secretary of the Commonwealth,
out the owner to whom such special order is directed shall be notified by
-ertified mail sent to the last known address of such owner and the time
imits specified shall be counted from the date of such mailing.

§ 62.1-25. Inspections and investigations, ete.—The Board shall
nake such inspections, conduct such investigations and do such other
hings as are reasonably necessary to carry out the provisions of this
chapter, within the limits of appropriation, funds, or personnel which are,
wr become, available from any source for this purpose.

§ 62.1-26. Chairman; Executive Secretary.—The Board shall elect
ts Chairman, and it is authorized to employ an Executive Secretary wha
hall serve as Executive Officer and devote his whole time to the perfor-
nance of his duties, and he shall have such administrative powers as aré
onferred upon him by the Board. The Board is further authorized tc
mploy such consultants and full-time technical and clerical workers as are
ecessary and within the available funds to carry out the purposes of thi:

apter.
§ 62.1-27. Powers and duties.—It shall be the duty of the Board and
it shall have the authority:

(1) To exercise general supervision over the administration and en-
forcement of this chapter, and all certificates, standards, policies, rules,
regulations, rulings and special orders promulgated thereunder.

(2) To study and investigate all problems concerned with the pollu-
tion of State waters and its prevention, abatement, and control and to
make reports and recommendations thereon.

(3) To establish such standards of quality for any waters in relation
to the reasonable and necessary use thereof and such general policies relat-
ing to existing or potential future pollution as it deems necessary to ac-
complish the policy of the Commonwealth and the purposes of this chapter,
to modify, amend or cancel any such standards or policies established and
to take all appropriate steps to prevent pollution contrary to the public
interest or to standards and policies thus established.

(4) To conduct scientific experiments, investigations and research
to discover economical and practical methods for preventing pollution. To
this end the Board may cooperate with any public or private agency in the
conduct of such experiments, investigations and research and may receive
in behalf of the State any moneys which any such agency may contribute
as its share of the cost under any such cooperative agreement. Provided,
that such moneys shall be used only for the purposes for which they are
contributed and any balance remaining after the conclusion of the experi-
ments, investigations and research, shall be returned to the contributors.

(5) To issue certificates for the discharge of sewage, industrial wastes
and other wastes into or adjacent to or the alteration otherwise of the
physical, chemical or biological properties of State waters under prescribed
conditions and to revoke or amend such certificates. Revocations or amend-
ments of certificates may be made for good cause and after proper hearing,
with at least thirty days’ notice to the owner of the time, place and
purpose thereof. If a proposed revocation or amendment of a certificate is
mutually agreeable to the Board and the owner involved, the hearing
and notice may be dispensed with.

(6) To make investigations and inspections, to insure compliance
with any certificates, standards, policies, rules, regulations, rulings and
special orders which it may adopt, issue or establish and to furnish advice,
BF a HA LAONS, or instructions for the purpose of obtaining such com-
pliance.

(7) To adopt rules governing the procedure of the Board with respect
to: (a) hearings; (b) the filing of reports; (c) the issuance of certificates
and special orders; and (d) all other matters relating to procedure; and to
amend or cancel any rule adopted. Public notice of every rule adopted
under this section shall be by such means as the Board may prescribe.

(8) To issue special orders pursuant to §§ 62.1-28 and 62.1-32 (a)
directing owners specified in such sections to secure, within a specified
time, such operating results as are reasonable and practicable of attainment
toward the control, abatement and prevention of pollution of State waters,
or (b) further directing such owners who have been issued special orders
under (a) above, and who have made unsatisfactory progress toward secur-
ing the required operating results, to build or install and use, within a
specified time, such facilities as are practicable, reasonable and available
for the control, abatement, and prevention of pollution of State waters.

Such special orders are to be issued only after a hearing, with at least
thirty days’ notice to the affected owners, of the time, place and purpose
thereof, and they shall become effective not less than fifteen days after
service as provided in § 62.1-24.

Owners who have been issued special orders under (a) or (b) above
may be required to submit periodic progress reports setting forth the steps
they have taken toward complying with them.

The Board may modify, amend or cancel special orders issued under
(a) or (b) above after such notice and hearing as it may prescribe.

The Board may proceed in accordance with § 62.1-87 to enforce special
orders issued under (a) above, whether or not it has proceeded under (b)
above.

(9) To issue special orders to owners who are permitting or causing
the pollution, as defined by § 62.1-15 (6), of State waters which commenced
after July 1, 1946, directing them to cease such pollution immediately.

Such special orders are to be issued only after a hearing with at least
thirty days’ notice to the affected owners, of the time, place and purpose
thereof, and they shall become effective not less than fifteen days after
service as provided in § 62.1-24; provided that if the Board finds that any
such owner is grossly affecting (a) the public health, safety or welfare, or
the health of animals, fish or aquatic life; (b) a public water supply; or
(c) recreational, commercial, industrial, agricultural or other reason-
able uses, it may issue, without advance notice or hearing, an emer-
gency special order directing the owner to cease such pollution immediately,
and shall hold a hearing, after reasonable notice as to the time and place
thereof to the owner, to affirm, modify, amend or cancel such emergency
special order. If the Board finds that an owner who has been issued such a
special order or an emergency special order is not complying with the
terms thereof, it may proceed in accordance with § 62.1-37.

Nothing in this section shall limit the Board’s authority to proceed
against such owner directly under § 62.1-37 or § 62.1-44 for violations of
§ 62.1-29 or § 62.1-33 without the prior issuance of a special order or an
emergency special order.

To make such rulings under § 62.1-29 and § 62.1-33 and under
such other circumstances as may be required upon requests or applications
to the Board, the owner or owners affected to be notified by certified mail
as soon as practicable after the Board makes them and such rulings to
become effective upon such notification.

(11) To adopt such regulations as it deems necessary to enforce the
general pollution abatement program of the Board in all or part of the
State, such regulations to be effective thirty days after they are filed with
the Secretary of the Commonwealth as provided in § 62.1-24.

(12) To investigate any large scale killing of fish believed or known to
have resulted from pollution.

Whenever the Board shall determine that any owner, whether or not
he shall have been issued a certificate for discharge of waste, has wilfully
or negligently discharged sewage, industrial waste, or other waste into
State waters in such quantity, concentration or manner that fish are killed
as a result thereof it may effect such settlement with the owner as will
cover the costs incurred by the Board and by the Commission of Game and
Inland Fisheries in investigating such killing of fish, plus the replacement
value of the fish destroyed, or as it deems proper, and if no such settlement
is reached within a reasonable time the Board shall authorize its executive
secretary to bring a civil action in the name of the Board to recover from
the owner such costs and value, plus any court or other legal costs in-
curred in connection with such action.

If the owner be a political subdivision of the State the action may be
brought in any circuit or corporation court within the territory embraced
by such political subdivision. If the owner be an establishment, as defined
in this chapter, the action shall be brought in the circuit or corporation
court of the city or the circuit court of the county in which such establish-
ment is located. If the owner be an individual or group of individuals the
action shall be brought in the circuit or corporation court of the city or
circuit court of the county in which such person or any of them reside.
For the purposes of this subsection the State Water Control Board
shall be deemed the owner of the fish killed and the proceedings shall be as
though the State Water Control Board were the owner of the fish. The fact
that the owner has or held a certificate issued under this chapter shall not
be raised as a defense in bar to any such action. __

The proceeds of any recovery had under this subsection shall, when
received by the Board be applied, first, to reimburse the Board for any
expenses incurred in investigating such killing of fish. The balance shall be
paid to the Commission of Game and Inland Fisheries to be used for such
fisheries’ management practices as in its judgment will best restore or re-
place the fisheries’ values lost as a result of such discharge of waste, includ-
ing, where appropriate, replacement of the fish killed with game fish or
other appropriate species. Any such funds received are hereby appropri-
ated for that purpose. .

Nothing in this subsection shall be construed in any way to limit or
prevent any other action which is now authorized by law by the Board
against any owner.

(13) To administer programs of financial assistance for planning,
construction, operation, and maintenance of water quality control facilities
for political subdivisions in this State.

Article 3.

Regulation of Industrial Establishments.

§ 62.1-28. Existing establishments.—Upon request of the Board, any
owner who on July 1, 1946 was discharging or permitting to be discharged
industrial wastes into any waters of the State, or any owner who was other-
wise altering the physical, chemical, or biological properties of any State
waters, shall within thirty days after such request apply to the Board for
a certificate to continue discharging waste into such waters, or to continue
such other alteration of the physical, chemical or biological properties of
any ae waters. The Board shall issue such certificate for an indefinite
period. ;

The owner shall be required by the Board, from time to time, to adopt
measures for improving the quality of State waters, and to furnish
pertinent information with regard to the progress he has made. The
Board may amend the certificate, or revoke it and issue a new one, to
reflect changes in the quality of State waters made in response to such
requirements.

The Board shall revoke the certificate in case of a refusal to comply
with all such reasonable and proper requirements and issue a special
order as specified in § 62.1-27(8).

§ 62.1-29. New or expanded establishments.—(1) Any owner who
after July one, nineteen hundred forty-six, erects, constructs, opens,
reopens or operates any establishment which in its operation would
cause pollution of State waters shall first provide facilities for the treat-
ment of industrial wastes or other wastes, or take such other measures
as will be adequate to prevent such pollution.

Any owner under this section proposing to discharge industrial
wastes or other wastes into or otherwise alter the physical, chemical or
biological properties of State waters shall make application therefor to
the Board. Such application shall be accompanied by a copy of pertinent
plans, specifications, maps, and such other relevant information as may be
required, in scope and detail satisfactory to the Board.

(3) Public notice of every such application shall be given by notice
published once a week for four successive weeks or by such other means as
the Board may prescribe in a newspaper of general circulation in the county
or city where the certificate is applied for.

(4) The Board shall review the application and the information that
accompanies it as soon as practicable and make a ruling approving or
disapproving the application and stating the grounds for conditional
approval or disapproval. If the application is approved, the Board shall
grant a certificate for the discharge of the industrial wastes or other
wastes into State waters or for the other alteration of the physical,
chemical or biological properties of State waters, as the case may be. If
the application is disapproved, the Board shall notify the owner as to what
measures, if any, the owner may take to secure approval.

(5) Establishments enlarging or employing new processes which in
their operation will result in the discharge into State waters of new or
additional industrial wastes or other wastes into State waters which will
alter the physical, chemical or biological properties of such State waters
shall be subject to the provisions of this section.

(6) The provisions of this section shall not apply to establishments
existing on July one, nineteen hundred forty-six, which may hereafter be
temporarily closed for a period not exceeding six months.

§ 62.1-30. Other wastes.—(1) Any owner who handles, stores, dis-
tributes or produces other wastes as defined in § 62.1-15 (9), any owner
who causes or permits same to be handled, stored, distributed or produced
or any owner upon or in whose establishment other wastes are handled,
stored, distributed or produced shall upon request of the Board install
facilities approved by the Board or adopt such measures approved by the
Board as are necessary to prevent the escape, flow or discharge into any
State waters when the escape, flow or discharge of such other wastes into
any State waters would cause pollution of such State waters.

(2) Any owner under this section requested by the Board to provide
facilities or adopt such measures shall make application therefor to the
Board. Such application shall be accompanied by a copy of pertinent
plans, specifications, maps, and such other relevant information as may
be required, in scope and detail satisfactory to the Board.

(3) The Board shall review the application and the information that
accompanies it as soon as practicable and make a ruling approving or dis-
approving the application and stating the grounds for conditional approval
or disapproval. If the application is approved, the Board shall grant a
certificate for the handling, storing, distribution or production of such
other wastes. If the application is disapproved, the Board shall notify
the owner as to what measures the owner may take to secure approval.

Article 4.
Regulation of Sewage Discharges.

§ 62.1-31. Sewerage systems, etc., under joint supervision of Board
and Department of Health.—All sewerage systems and sewage treatment
works shall be under the general supervision of the State Department of
Health and the Board jointly. The State Department of Health shall,
when requested, consult with and advise the authorities of cities, towns,
sanitary districts, and any owner having or intending to have installed
sewage treatment works as to the most appropriate type of treatment, but
the Department shall not prepare plans, specifications, or detailed estimates
of cost for any improvement of an existing or proposed sewage treatment
works. It shall be the duty of the owner of any such sewage treatment
works from which sewage is being discharged into any State waters to
furnish, when requested by the Board, to the State Department of Health
from time to time information with regard to the quantities and character
of the raw and treated sewage and the operation results obtained in the
removal and disposal of organic matter and other pertinent information
as is required. The State Department of Health shall furnish the Board
with such available information as the Board requires.

62.1-32. Prior sewage discharges; no discharge into clean waters
to be authorized.—Upon the request of the Board any owner who, on J uly
first, nineteen hundred forty-six, was discharging or permitting to be
discharged sewage into or adjacent to the waters of the State shall within
thirty days after such request apply to the Board for a certificate to
continue such discharge of sewage of substantially the same volume and
strength as during the twelve months preceding. In making the appli-
cation, the owner shall furnish such information as may reasonably be
required by the Board including: (1) Total population served by the
sewerage system, (2) the industrial wastes admitted to the sewerage
system, and (3) the type of treatment plant. The Board is authorized to
issue such certificate for an indefinite period; provided, however, the certif-
icate may be revoked at any time when it is found on investigation that
there has been an increase in the strength or volume of the sewage as
discharged into or adjacent to any State waters, or the Board has reason
to believe an increase is contemplated. If no satisfactory progress is
made by the owner toward the reduction of pollution the Board may
require the holder of the certificate to file reasons therefor or may in the
case of refusal to comply with recommendations deemed reasonable by the
Board revoke the certificate issued to such owner and issue a special order.
No certificate shall be issued by the Board authorizing the discharge of
untreated sewage which would result in the pollution of the clean State
waters.

The Board is authorized to designate any area within the State or
State waters as a polluted area due to existing sewage discharge in such
area and each owner who contributes to the pollution of such waters in the
area shall be subject to all the provisions of this chapter; provided, how-
ever, that as to such area or State waters so declared to be a polluted area
the Board may, in lieu of issuing an individual certificate to each owner
therein, issue a special certificate as to the pollution caused by the owners
in such area and the certificate may be granted to the appropriate authority
of the political subdivision or subdivisions in which such owner resides.
Any such certificate shall be subject to all the terms and conditions of this
chapter and shall apply only to existing sewage discharge. For good cause
shown, the Board may revoke or amend any certificate in whole or in part
as to any owner or group of owners in the area covered by such certificate.

§ 62.1-33. Approval of plans and specifications.—Every owner in-
tending to construct a new sewerage system or sewage treatment works
designed to serve more than 400 persons or to extend or change materially
any existing system or works which serves more than 400 persons shall
file in duplicate with the State Department of Health a copy of plans,
specifications and such other information as may reasonably be required,
in scone and detail satisfactory to the Department.

The Department shall thereupon notify the Board that it has received
the plans and other data. If the plans involve facilities from which there
is or is to be a discharge to State waters, the Board shall advise the
Department of the standards of quality applying to such State waters.

The Department shall then review the plans without delay and file
with the Board one copy and a report in which the plans are approved
or disapproved. If they are not approved, the report shall state what
modifications, if any, or changes will be required for approval.

The Board shall review the plans and the report from the Department
and make a ruling approving or disapproving the plans and stating the
grounds for conditional approval or disapproval. If they are approved, the
Board shall grant a certificate authorizing construction of the facilities.

Nothing in this section shall limit the power of the Board and the
Department in the control of sewerage systems or sewage treatment works
serving less than four hundred persons.
§ 62.1-34. Right of entry to obtain information, etce——Any duly
authorized agent of the Board may, at reasonable times and under reason-
able circumstances, enter any establishment or upon any property, public
or private, for the purpose of obtaining information or conducting surveys
or investigations reasonably necessary in the enforcement of the provisions
of this chapter.

62.1-35. Information to be furnished to Board.—Every owner
which the Board has reason to believe is causing, or is about to cause,
pollution shall, when requested by the Board, furnish such plans, specifi-
cations and information as may be reasonably necessary and pertinent
to the Board in the discharge of its duties under this chapter. No owner
shall be required at any time to disclose any secret formulae, processes, or
methods used by him or under his direction.

§ 62.1-36. Private rights not effected.—The fact that any owner
holds or has held a certificate issued under this chapter shall not constitute
a defense in any civil action involving private rights.

§ 62.1-37. Enforcement by injunction, ete.—Any owner violating or
failing, neglecting or refusing to obey any rule, regulation or order, or
requirement of or any provision of any certificate issued by the Board may
be compelled to obey same and to comply therewith by injunction, man-
damus or other appropriate remedy.

§ 62.1-38. Right of review.—Any party aggrieved by any standard,
policy, rule, regulation, ruling, or special order, issued by the Board under
this chapter or by the revocation, amendment or modification of a certif-
icate or any other action of the Board, may secure a review of the reason-
ableness of, necessity for, or legality of any such standard, policy, rule,
regulation, ruling or special order, or revocation, amendment, or modifi-
cation of a certificate, or any other action of the Board, in the manner set
out in the following sections of this article.

§ 62.1-39. Filing petition for rehearing.—Such party may, at any
time prior to the effective date of any rule, regulation, order, requirement
or revocation of certificate complained of, file with the Board a petition
requesting a rehearing on such rule, regulation, order, requirement or
revocation of certificate, which petition shall set forth, specifically and in
full detail wherein the petitioner considers the rule, regulation, order,
requirement or revocation of certificate unreasonable, unnecessary or
illegal, together with his reason and grounds therefor and the qualifi-
cations or changes, if any, which he desires.

§ 62.1-40. Proceedings on petition for rehearing.—lIf, in the opinion
of the Board, the issues raised by any such petition have theretofore
been adequately considered and properly determined, the Board may deter-
mine the same by confirming, without hearing, the previous rule, regula-
tion, order, requirement or revocation of certificate. If it appears to the
satisfaction of the Board that no sufficient reason exists for taking testi-
mony, or further testimony, the Board may reconsider and redetermine
the original cause without setting a time and place for any further hearing.
If it appears to the Board that a hearing or rehearing is necessary to
determine the issues raised or any one of such issues, the Board shall order
a hearing or rehearing thereon and hear such additional evidence as may
be offered on either side and consider and determine the issue or issues
raised by such petitions. In either event, the Board may take such action
as it deems proper. Notice of the time and place of such hearing or hear-
ings, if any be ordered, shall be given the applicant and to such other
persons and in such manner as the Board may order. A petition for a hear-
ing or rehearing shall be deemed to have been denied by the Board unless
it shall have been acted upon within thirty days after the date of filing. The
filing of a petition for a hearing or a rehearing shall operate to suspend
the rule, regulation, order, requirement or revocation of certificate com-
plained of until the validity of such rule, regulation, order, requirement
or revocation of certificate has finally adjudicated.

§ 62.1-41. Review by Circuit or Corporation Court.—Any owner
aggrieved by any rule or regulation shall have the right to apply to the
Circuit Court of the City of Richmond, in term or in vacation. In cases
other than those relating to rules and regulations any owner aggrieved
shall have the right to apply to the judge of the circuit court of the county
or city or the corporation court of the city wherein the establishment
affected is located, in term or in vacation, for review of a decision of the
Board. Such application shall be by petition, which shall be filed in the
clerk’s office of the appropriate court within the following prescribed time:
within sixty days after the date of the rule or regulation complained of if
no application for rehearing has been made; within thirty days after an
application for rehearing is denied if such application has been filed;
within thirty days after the rendition of the decision of the Board if any
application for rehearing has been filed and the matter has been recon-
sidered or redetermined by the Board, either with or without a rehearing.
The filing of the petition with the court shall be deemed to commence the
proceeding in such court.

Within fifteen days after such petition is so filed, the petitioner shall
serve on the Executive Secretary or on any member of the Board a copy
of the petition and a notice in writing that the petitioner will on a date
stated in the notice, not less than fifteen days nor more than thirty days
after the date of the filing of the petition, move the court or judge thereof
to grant the prayer of the petition. The Board shall be named as a party
defendant to such petition. The filing of such application shall operate to
suspend the requirement, rule, regulation, special order, or revocation of
certificate complained of, if not already suspended as provided in section
62.1-40, until the validity of such rule, regulation, special order, require-
ment or revocation of certificate shall have been finally adjudicated. The
judge shall hear the proceeding de novo, shall thereupon determine all
matters of law and fact without a jury and render his decision approving,
setting aside or modifying the rule, regulation, special order, requirement
or revocation of certificate complained of. If, however, a municipal cor-
poration is interested in the proceeding, the judge of any court thereof
shall not pass upon such application, but shall enter the fact of record, and
the clerk of the court shall at once certify the same to the Supreme Court
of Appeals which shall designate the judge of some other circuit court or of
some corporation court other than in such municipal corporation to act in
place and stead of such judge.

§ 62.1-42. Appeal to Supreme Court of Appeals; Attorney General
to represent Board.—The Commonwealth or any party aggrieved by any
such final decision of the judge shall have the right to apply for an appeal
to the Supreme Court of Appeals, regardless of the amount involved. The
procedure shall be the same as that provided by law generally for appeals
and supersedeas.

It shall be the duty of the Attorney General to represent the Board
or designate some member of his staff to represent it.

Article 6.
Offenses and Penalties.

§ 62.1-43. Pollution, violation of certificate or failure to cooperate
with Board.—It shall be unlawful for any owner to cause pollution in any
State waters in a manner or degree which is contrary to any special order
adopted by the Board, which has become final under the provisions of this
chapter, or to discharge sewage, industrial waste or other waste in viola-
tion of any condition contained in a certificate issued by the Board or
excess of the waste covered by such certificate, or to fail or refuse to furn.
information, plans, specifications or other data reasonably necessary g
pertinent required by the Board under this chapter.

' § 62.1-44. Penalties—Any owner violating any provision of tl}
chapter, or failing, neglecting or refusing to comply with any special] fir
order of the Board, or of a court, lawfully issued as herein provided, sh:
be fined not less than fifty dollars nor more than five hundred dollars f
each violation within the discretion of the court. Each day of continu
violation after conviction shall constitute a separate offense and sha
subject the system, business, or establishment causing pollution in vio};
tion of this chapter to abatement as a nuisance.

Article 7.
Pollution from Boats.

§ 62.1-44.1. Board to make rules and regulations.—The State Wate:
Control Board is empowered and directed to adopt and promulgate all neces
sary rules and regulations for the purpose of controlling the discharge o!
sewage and other wastes from both documented and undocumented boats
and vessels on all navigable and nonnavigable waters within this State.

In formulating such rules and regulations, the Board shall consult
with the State Department of Health, the Commission of Game and Inland
Fisheries and the Marine Resources Commission for the purpose of co-
ordinating such rules and regulations with the activities of such agencies.

Violation of such rules and regulations shall, upon conviction, be a mis-
demeanor. Every law enforcement officer of this State and its subdivisions
shall have the authority to enforce the rules and regulations adopted and
promulgated under the provisions of this section.

CHAPTER 4.
PUBLIC WATER SUPPLY.

§ 62.1-45. Definitions.—As used in this chapter the words and terms
hereinafter set forth shall have the meanings respectively set forth, unless
the context clearly requires a different meaning:

(a) “Waterworks.”—All structures and appliances used in connec-
tion with the collection, storage, purification and treatment of water for
drinking or domestic use and the distribution thereof to the public or more
than twenty-five individuals, or in the case of residential consumers to
more than fifteen connections, except only the piping and fixtures inside
the buildings where such water is delivered.

(b) “Water supply.”—-Water that shall have been taken into water-
works from all wells, streams, springs, lakes and other bodies of surface
water, natural or impounded, and the tributaries thereto, and all im-
pounded ground water, hut the term ‘‘water supply” shall not include any
waters above the point of intake of such waterworks.

(c) “Owner.”—An individual, group of individuals, partnership,
firm, association, institution, corporation, municipal corporation, county
or authority, which supplies water to any person within this State from
or by means of any waterworks, ;

(d) “Pure water.”—Water fit for human consumption and use which
is sanitary, and normally free of minerals, organic substances and toxic
agents in excess of reasonable amounts for domestic usage in the area
served and normally adequate in supply for the minimum health require-
ments of the persons served.

(e) “Board.”—The State Board of Health. .

(f) “Domestic usage,”—-Normal family use, including laundering
oathing, heating and cleaning.

§ 62.1-46. Supervision by State Board of Health.—The Board shal
nave general supervision and control over all water supplies and water
works in the State insofar as the sanitary and physical quality of waters
furnished for drinking or domestic purposes may affect the public health,
and may require that all water supplies be pure water.

§ 62.1-47. Rules and regulations of State Board of Health.—The
Board may adopt rules and regulations governing waterworks, water
supplies and pure water, subject to the provisions of Chapter 1.1 (§ 9-6.1
et seq.) of Title 9 of the Code of Virginia. Such rules and regulations
shall be designed to protect the public health and guarantee a supply of
pure water in relation to such matters. Except for the purposes stated,
said rules and regulations shall not apply to structural design, location and
construction of waterworks established by counties or under authorities
eee, by counties unless requested by resolution of the governing bodies
thereof.

§ 62.1-48. Examination of water supplies.—The Board may, at any
time during the planning, construction or operation thereof, cause exami-
nation of such water supplies to be made to ascertain whether the water-
works and water supplies supply pure water for human consumption and
use.

§ 62.1-49. Advice as to sources and purity.—The Board shall, upon
request, consult with and advise owners having or intending to have
waterworks installed as to the most appropriate source of water supply
and the best method of assuring pure water without any expense to such
owners; but the Board shall not prepare plans, specifications or detailed
estimates for any proposed improvement.

§ 62.1-50. Permit from State Board of Health—-No owner shall
establish, construct or operate any waterworks or water supply intended
to supply water for drinking or domestic purposes to any person within
the State from or by means of any waterworks without a written permit
from the Board for the supplying of such water; except that this provision
shall not apply to the extension of water pipes for the distribution of
water. The application for such a permit shall be accompanied by a certi-
fied copy of the maps, plans and specifications for the construction of such
waterworks or extensions, and a description of the source or sources from
which it is proposed to derive the supply and the manner of storage, puri-
fication or treatment proposed for the supply previous to its delivery to
consumers; and no other or additional source of supply shall subsequently
be used for any such waterworks, nor any change in the manner of storage,
purification and treatment of the water supply be made without an addi-
tional permit to be obtained in a similar manner from the Board.

Whenever application shall be made to the Board for a permit under
the provisions of this section, it shall be the duty of the Board to examine
the application without delay, and as soon as practicable thereafter, to
issue the permit if, in its judgment, the proposed supply will furnish pure
water; or to make an order stating the conditions under which the permit
will be granted.

§ 62.1-51. Information to be furnished State Board of Health; bac-
teriological and other tests.—Whenever an investigation of any water
supply or waterworks within the boundaries of the State is undertaken by
the Board to ascertain whether pure water is being furnished to any
person for drinking or domestic purposes, it shall be the duty of the owner
in charge of the water supply or waterworks under investigation, to fur-
nish, on demand, to the Board or the authorized agent of the Board, such
information relative to the source or sources from which the supply is
derived, and the manner of storage, purification or treatment of the water
before its delivery to the consumers, as may be necessary or desirable
for the determination of whether pure water is supplied, and the Board
may require any owner to submit regular samples of water for bacteriologi-
cal or other tests, or may authorize the owner to submit the results of such
tests if the laboratory making such tests is acceptable to the Board.

§ 62.1-52. Right of entry to make investigation.—In making such
investigation, authorized agents of the State Board of Health shall be
allowed to enter any premises or buildings constituting a part of a water
supply or water works for the purpose of inspecting same and ascertaining
whether orders, as provided for under the following sections, are obeyed.

§ 62.1-53. Ordering changes in water supply, waterworks, method of
treatment, etc.; revocation of permit for noncompliance with order.—
When, upon investigation, the Board finds that a water supply furnished
to any person for drinking or domestic purposes is a menace to health or
is not pure water, the Board shall have authority to make an order requir-
ing such changes in the water supply or such alterations or extensions in
the waterworks, or such change in the method or process of treatment or
purification as the Board may deem necessary; provided, however, the
owner of any waterworks in existence on July first, nineteen hundred
sixty-four, shall have the right to make any one or more of additional or
supplemental charges for connections or additional charges for water to
finance or defray the cost of such changes, alterations or extensions and to
defray any extra cost incident to the maintenance and operation thereof,
but nothing in this proviso shall be construed as preventing an owner from
including in future contracts provision for such additional or supplemental
charges. The Board shall name in its order such date for the completion
of the required changes as it may deem reasonable and proper and it shall
be the duty of the owner in charge of such water supply or waterworks
to fully comply with the order within the time prescribed. In the event
that the owner does not comply with the order issued pursuant to the pro-
visions of this section, then the Board may revoke the owner’s permit in
accordance with the procedure set forth in § 62.1-55.

§ 62.1-54. Injunction, etc., to prevent violation of orders of State
Board of Health; additional charges for connections or water.—In addi-
tion to any other penalty or method available to the Board to aid in the
enforcement of its orders under the provisions of this chapter, the Board
may apply to an appropriate court for an injunction or other legal process
to prevent or stop any practice, operation, action or inaction constituting
a violation of any order issued by the Board under the provisions of this
chapter and to enforce compliance with any such order; provided, however,
the owner of any waterworks, in existence prior to June twenty-seven, nine-
teen hundred sixty-six, shall have the right to make any one or more of
additional charges for connections or additional charges for water to
finance or defray the cost of such changes, alteration or extensions caused
as a result of any such order and the enforcement of any such order and
to defray any extra cost incident to the maintenance and operation thereof,
but nothing in this proviso shall be construed as preventing an owner from
including in future contracts provision for such additional or supplemental

arges.

§ 62.1-55. Revocation or amendment of permits.—(a) Every permit
issued by the Board shall be revocable at any time it is shown by investi-
gation that the waterworks can no longer be depended upon to furnish
pure water or that the capacity of the waterworks is inadequate for the
purpose of furnishing pure water or that the person, persons, institution,
association, corporation or political subdivision holding the permit no
longer is owner; provided, that a written notice is sent by the Board to the
owner by certified mail, together with an order containing the reasons for
revocation of the permit and its effective date, which effective date shall
not be less than fifteen days from the date of said order of revocation.

(b) The Board may amend a permit where there is a change in the
manner of storage, the treatment or the source of supply of the water at the
permitted location, or for any other cause incident to the protection of the
public health, or for the supplying of pure water, provided notice is given
to the owner and a hearing held in accordance with the provisions of
§ 62.1-57.

(c) The Board shall revoke the permit issued to any owner who
shall have abandoned the waterworks and discontinued supplying pure

er.

§ 62.1-56. Permit may be for definite period. Any permit issued by
the State Board of Health may be specified to run a certain definite period
and the permit shall become inoperative at the expiration of the period of
time without notice to that effect having been given by such Board.

§ 62.1-57. Hearing on orders made by State Board of Health.—
Whenever the Board shall issue an order to an owner, and the owner applies
for a hearing, the Board shall appoint a time and place within the county,
city or town where such waterworks exist, for a hearing on the subject.
At such a hearing the Board shall attend in person, or shall deputize a com-
mittee of the Board to attend, or shall authorize the State Health Com-
missioner to act for and in the name of the Board at such hearing. At any
such hearing, all persons interested may appear, be heard and present the
testimony of expert and other witnesses, and the Board may hear wit-
nesses called upon its own motion.

The Board shall have power to issue, in the name of the Board sub-
poenas for the attendance of witnesses and the production of books, papers
and maps, relative to the sources of the water supply and the manner of
storage, purification or treatment of the supply before its delivery to any
person, at any hearing in any part of the State as provided by law. The
officer of the Board presiding at any hearing shall have power to administer
oaths and certify to all official acts of the Board. After such hearings, the
Board shall issue such final order as in its judgment may be required to
protect the public health or guarantee a supply of pure water, and notice of
the final order shall be sent to all parties concerned.

62.1-58. Appeals.—Any owner dissatisfied with such order or final
order of, or by the granting, revoking, amending or refusing to grant any
permit by the Board, or believing that such order granting, revoking,
amending or refusing to grant such permit is illegal or unreasonable or
that the order is not necessary for the protection of the public health or the
supplying of pure water may, within thirty days after the making of the
order, or final order, or the granting, revoking, amending or refusing to
grant, revoke or amend such permit, appeal to the circuit court of the
county, or the corporation court of the city, wherein such water is to be
used, and the court shall render a decision approving, setting aside or
modifying the order or final order or stating the conditions for the grant-
ing of the permit.

§ 62.1-59. Penalty for failure to obtain permit, or violation of orders
of State Board of Health; injunctions.—(a) Failure on the part of any
owner to obtain a written permit from the Board, as provided under
§ 62.1-50 or to comply fully with an order issued by the Board. under the
preceding sections, shall be deemed a misdemeanor and punishable by a
fine of not less than twenty nor more than one hundred dollars for each
offense, each day in which such failure is made being considered to con-
stitute a separate offense. All penalties under this section are to be
recovered by the State in a civil action brought by the Attorney General
in the name of the Commonwealth.

(b) In addition, the Board may apply to an appropriate court for an
injunction or other legal process to prevent or stop the operation of any
paterworks by an owner who does not have a valid permit issued by the

oard.

§ 62.1-60. Mandamus against municipal corporation—Any munici-
pal corporation disobeying any order duly issued by the State Board of
Health, under the provisions of this chapter, may be compelled to obey
same by mandamus or other appropriate remedy by any court of com-
petent jurisdiction.

§ 62.1-61. When Attorney General to represent State Board of
Health; special counsel.—In all actions and proceedings for the enforce-
ment of orders of the State Board of Health under the provisions of this
chapter, the Attorney General shall represent the Board, except in pro-
ceedings to which the State or any of its public institutions is a party
defendant, and in such cases, the Board is authorized to employ special
counsel.

§ 62.1-62. Emergency orders of State Health Commissioner.— (a)
The Board by its rules and regulations may authorize the State Health
Commissioner to issue emergency orders in any case where there is an
imminent danger to the public health resulting from the operation of any
waterworks or the source of a water supply. The Commissioner may order
the immediate cessation of the operation of any waterworks or the use of
any water supply or the correction of any condition causing the production
or distribution of any water constituting an imminent danger to the public
health. Emergency orders shall be effective for a period not exceeding
sixty days at the determination of the Commissioner.

(b) An emergency order issued by the Commissioner may be
appealed to the circuit or corporation court of the county or city wherein
the alleged violation exists, and an emergency order shall remain in force
pending an appeal only if the Commissioner satisfies the court that the
public health is or will be in danger pending the final disposition of the
appeal.

(c) Any person who violates an emergency order of the Commissioner
shall be guilty of a misdemeanor, punishable by a fine not exceeding five
hundred dollars or confinement in jail not exceeding six months, or both,
and any violation in addition shall be subject to being enjoined as a
nuisance.

§ 62.1-63. Conflicting charter provisions.—Any provisions in any
charter heretofore granted to an owner in conflict with the provisions of
this chapter are hereby repealed; provided the provisions of any charter
heretofore granted to a municipal corporation are not repealed.

CHAPTER 5.

POTOMAC RIVER BASIN COMMISSION.

§ 62.1-64. Compact to create Potomac Valley Conservancy District
and Interstate Commission on the Potomac River Basin.—The Governor
is hereby authorized and directed to execute, on behalf of the Common-
wealth of Virginia, a compact with the States of Maryland and West
Virginia, the Commonwealth of Pennsylvania and the District of Columbia,
or with such of the same as shall, by their respective legislative bodies,
enact legislation with like provisions to those of this chapter, but not with
such of the same as shall not so enact such legislation, which compact
shall be in form substantially as set out in the succeeding section.

62.1-65. Form and terms of compact.—Whereas it is recognized,
that abatement of existing pollution and the control of future pollution
of interstate streams can best be promoted through a joint agency
representing the several states located wholly or in part within the area
drained by any such interstate stream; and

Whereas the Congress of the United States has given its consent to
the States of Maryland and West Virginia, the Commonwealths of Pennsy]l-
vania and Virginia, and the District of Columbia to enter into a com-
pact providing for the creation of a conservancy district to consist of the
drainage basin of the Potomac River and the main and tributary streams
therein, for the purpose of regulating, controlling, preventing, or otherwise
rendering unobjectionable and harmless the pollution of the waters of the
Potomac drainage area by sewage and industrial and other wastes:

Now, therefore, the States of Maryland and West Virginia, the
Commonwealths of Pennsylvania and Virginia, and the District of
Columbia, hereinafter designated signatory bodies, do hereby create the
Potomac Valley Conservancy District, hereinafter designated the Con-
servancy District, comprising all of the area drained by the Potomac River
and its tributaries; and also, do hereby create the Interstate Commission
on the Potomac River Basin, hereinafter designated the Commission, under
the articles of organization as set forth below.

Article I.

The Interstate Commission on the Potomac River Basin shall consist
of three members from each signatory body and three members appointed
by the President of the United States. Such Commissioners, other than
those appointed by the President. shall he chosen in a manner and for the
terms provided by law of the signatory body from which they are appointed
and shall serve without compensation from the Commission but shall be
paid by the Commission their actual expenses incurred and incident to the
performance of their duties.

(A) This Commission shall meet and organize within thirty days
after the effective date of this compact, shall elect from its number a
chairman and vice-chairman, shall adopt suitable bylaws, shall make,
adopt, and promulgate such rules and regulations as are necessary for its
management and control, and shall adopt a seal.

(B) The Commission shall appoint and, at its pleasure, remove or dis-
charge such officers and legal, engineering, clerical, expert and other
assistants as may be required to carry the provisions of this compact into
effect, and shall determine their qualifications and fix their duties and
compensation. Such personnel as may be employed shall be employed
without regard to any civil service or other similar requirements for
employees of any of the signatory bodies. The Commission may maintain
one or more officers for the transaction of its business and may meet at any
time or place within the area of the Conservancy District.

(C) The Commission shall keep accurate accounts of all receipts and
disbursements and shall make an annual report thereof and shall in such
report set forth in detail the operations and transactions conducted by it
pursuant to this compact. The Commission, however, shall not incur any
obligations for administrative or other expenses prior to the making of
appropriations adequate to meet the same nor shall it in any way pledge
the credit of any of the signatory bodies. Each of the signatory bodies
reserves the right to make at any time an examination and audit of
accounts of the Commission.

(D) A quorum of the Commission shall, for the transaction of busi-
ness, the exercise of any powers, or the performance of any duties, consist
of at least a majority of the members of the Commission; provided, how-
ever, that no action of the Commission relating to policy shall be binding
on any one of the signatory bodies unless at least two of the Commissioners
from such signatory body shall vote in favor thereof.

Article II.

The Commission shall have the power and its duties shall be:

(A) To co-ordinate, tabulate, and summarize technical and other data
now available, or as shall become available in the future from any source,
on the pollution of the streams of the Conservancy District and on the
character and conditions of such streams, and to prepare reports thereon
annua ly eos at such other times as may be deemed advisable by the

ommission.
CH. 659] ACTS OF ASSEMBLY 1

(B) To supplement existing information and data, and to secure ;
data by such investigations, analyses, or other means as may be necess;
to secure adequate information on the character and condition of ;
streams of the Conservancy District as they now exist or may be affect
by the future discharge of sewage and industrial and other was;
into the stream.

(C) To cooperate with the legislative and administrative agencies
the signatory bodies, or the equivalent thereof, and with other interest,
commissions and similar organizations for the purpose of promotiy
uniform laws, rules or regulations for the abatement and control of poll
tion of streams in the Conservancy District.

(D) To disseminate to the public information on the aims and pw
poses of the Commission and on the harmful and uneconomical results ¢
stream pollution, through the issuance of bulletins, circulars, correspor
dence, literature and reports.

(E) To cooperate with other organizations engaged in fact-finding
and research activities on the treatment of sewage and industrial waste:
or other wastes, and if deemed advisable, to institute and conduct suct
research and fact-finding activities.

(F) To make and, if needful from time to time, revise and to recom.
mend to the signatory bodies, reasonable minimum standards for the treat-
ment of sewage and industrial or other wastes now discharged or to be
discharged in the future to the streams of the Conservancy District, and
also, for cleanliness of the various streams in the Conservancy District.

Article ITI.

The moneys necessary to finance the Commission in the administration
of its business in the Conservancy District shall be provided through
appropriations from the signatory bodies and the United States, in the
manner prescribed by the laws of the several signatory bodies and of the
United States, and in amounts as follows:

The pro rata contribution shall be based on such factors as population,
the amount of industrial and domestic pollution; and a flat service charge,
as shall be determined from time to time by the Commission, subject,
however, to the approval, ratification and appropriation of such contribu-
tion by the several signatory bodies. And, further, provided that the total
of such sums from signatory bodies shall not exceed a total of $30,000 per

annum.
Article IV.

Pursuant to the aims and purposes of this compact, the signatory
bodies mutually agree:

1. Faithful cooperation in the abatement of existing pollution and the
prevention of future pollution in the streams of the Conservancy District.

2. The enactment of adequate and, insofar as is practicable, uniform
legislation for the abatement and control of such pollution.

3. The appropriation of biennial sums on the proportionate basis as
set forth in Article ITI.

Article V.

This compact shall become effective immediately after it shall have
been ratified by the majority of the legislatures of the States of Maryland
and West Virginia, the Commonwealths of Pennsylvania and Virginia, and
DY the Commissioners of the District of Columbia, and approved by the
Congress of the United States; provided, however, that this compact shal
not be effective as to any signatory body until ratified thereby.

Article VI.

Any signatory body may by legislative act, after one year’s notice t
-ehe Commission, withdraw from this compact. .
§ 62.1-66. Potomac River Basin Commission of Virginia.—There 1
hereby created a Commission of three members to be known as the Potomac
River Basin Commission of Virginia, but the Commission shall not come
into being unless and until the Governor shall have executed the compact
hereinabove authorized.

§ 62.1-67. Appointment, terms and qualifications of members.—If
and when the Governor shall have executed such compact, the members
of the Commission shall be appointed by the Governor and shall hold office
for terms of four years each, subject to suspension or removal by the
Governor. Appointments to fill vacancies shall be made for the respective
unexpired terms. One of the members so appointed shall be a resident of
the Potomac River Drainage Basin, but if such member should cease to be a
resident of the basin his term of office shall thereupon terminate and his
office become vacant. One member shall be appointed from the membership
of the Virginia Commission on Interstate Cooperation, but if such member
should cease to be a member of the Virginia Commission on Interstate
Cooperation his term of office shall thereupon terminate and his office
become vacant. The other member shall be appointed at large. One of the
members shall be designated by the Governor as chairman.

§ 62.1-68. Expenses of members.—The members of the Commission
shall be paid their expenses incurred in the performance of their duties
as such in such manner and amount as shall be provided in the compact
hereinabove authorized to be executed.

§ 62.1-69. Duties of Commission.—The Potomac River Basin Com-
mission of Virginia shall, if and when it shall come into existence as
hereinabove provided, act jointly with commissions appointed for a like
purpose by the States of West Virginia and Maryland, the Commonwealth
of Pennsylvania and the District of Columbia, or by such of the same as
shall enter into the compact and with an additional three members to be
appointed by the President of the United States, as a unit of the Interstate
Commission on the Potomac River Basin which shall be constituted as
provided by the compact hereinabove mentioned. The Potomac River Basin
Commission of Virginia shall perform such further duties as shall be pro-
vided by the compact.

CHAPTER 6.
OHIO RIVER VALLEY WATER SANITATION COMMISSION.

§ 62.1-70. Governor to execute Ohio River Valley Water Sanitation
Compact.—The Governor of Virginia is hereby authorized and requested to
execute, on behalf of the Commonwealth of Virginia, the Ohio River Valley
Water Sanitation Compact which the Commonwealth of Virginia has been
invited to join. The Compact is in the words and figures set out in the
succeeding section.

§ 62.1-71. Form and terms of Compact.—Whereas, a substantial part
of the territory of each of the signatory states is situated within the
drainage basin of the Ohio River;

Whereas, the rapid increase in the population of the various metro-
politan areas situated within the Ohio drainage basin and the growth in
industrial activity within that area have resulted in recent years in an
increasingly serious pollution of the waters and streams within the said
drainage basin, constituting a grave menace to the health, welfare, and
recreational facilities of the people living in such basin, and occasioning
great economic loss; and

Whereas, the control of future pollution and the abatement of existing
pollution in the waters of said basin are of prime importance to the people
thereof and can best be accomplished through the cooperation of the states
situated therein, by and through a joint or common agency;

Now, therefore, the states of Illinois, Indiana, Kentucky, New York,
Ohio, Pennsylvania, Tennessee and West Virginia, do hereby covenant and
agree as follows:
CH. 659] ACTS OF ASSEMBLY 1083

Article I.

Each of the signatory states pledges to each of the other signatory
states faithful cooperation in the control of future pollution in and abate-
ment of existing pollution from the rivers, streams, and waters in the Ohio
River Basin which flow through, into or border upon any of such signatory
states, and in order to effect such object agrees to enact any necessary
legislation to enable each such state to police and maintain the waters of
that basin in a satisfactory sanitary condition, available for safe and satis-
factory use as public and industrial water supplies after reasonable treat-
ment, suitable for recreational usage, capable of maintaining fish and other
aquatic life, free from unsightly or malodorous nuisances due to floating
solids or sludge deposits, and adaptable to such other uses as may be
legitimate.

Article II.

The signatory states hereby create a district to be known as the “Ohio
River Valley Water Sanitation District,” hereinafter called the District,
which shall embrace all territory within the signatory states, the water
in which flows ultimately into the Ohio River, or its tributaries.

Article ITI.

The signatory states hereby create the “Ohio River Valley Water Sani-
tation Commission,” hereinafter called the Commission, which shall be a
body corporate, with the powers and duties set forth herein, and such
additional powers as may be conferred upon it by subsequent action of the
respective legislatures of the signatory states or by act or acts of the
Congress of the United States.

Article IV.

The Commission shall consist of three commissioners from each state,
each of whom shall be a citizen of the state from which he is appointed,
and three commissioners representing the United States government. The
commissioners from each state shall be chosen in the manner and for the
terms provided by the laws of the state from which they shall be appointed,
and any commissioner may be removed or suspended from office as pro-
vided by the law of the state from which he shall be appointed. The com-
missioners representing the United States shall be appointed by the Presi-
dent of the United States, or in such other manner as may be provided by
Congress. The commissioners shall serve without compensation, but shall
be paid their actual expenses incurred in and incident to the performance
of their duties: but nothing herein shall prevent the appointment of an
officer or employee of any state or of the United States government.

Article V.

The Commission shall elect from its number a chairman and vice
chairman, and shall appoint, and at its pleasure remove or discharge, such
officers and legal, clerical, expert and other assistants as may be required
to carry the provisions of this Compact into effect, and shall fix and deter-
mine their duties, qualifications and compensation. It shall adopt a seal
and suitable bylaws, and shall adopt and promulgate rules and regula-
tions for its management and control. It may establish and maintain one
or more officers within the district for the transaction of its business, and
may meet at any time or place. One or more commissioners from a majority
of the member states shall constitute a quorum for the transaction of busi-
ness.

The Commission shall submit to the governor of each state, at such
time as he may request, a budget of its estimated expenditures, for such
period as may be required by the laws of such state for presentation to
the legislature thereof.

The Commission shall keep accurate books of account, showing in full
its receipts and disbursements, and such books of account shall be open at
any reasonable time to the inspection of such representatives of the
respective signatory states as are duly constituted for that purpose.

On or before the first day of December of each year, the Commission
shall submit to the respective governors of the signatory states a full and
complete report of its activities for the preceding year.

The Commission shall not incur any obligations of any kind prior to
the making of appropriations adequate to meet the same; nor shall the
Commission pledge the credit of any of the signatory states, except by and
with the authority of the legislature thereof.

Article VI.

It is recognized by the signatory states that no single standard for the
treatment of sewage or industrial wastes is applicable in all parts of the
district due to such variable factors as size, flow, location, character, self-
purification, and usage of waters within the district. The guiding prin-
ciple of this Compact shall be that pollution by sewage or industrial wastes
originating within a signatory state shall not injuriously affect the various
uses of the interstate waters as hereinbefore defined.

All sewage from municipalities or other political subdivisions, public
or private institutions, or corporations, discharged or permitted to flow
into these portions of the Ohio River and its tributary waters which form
boundaries between, or are contiguous to, two or more signatory states,
or which flow from one signatory state into another signatory state, shall
be so treated, within a time reasonable for the construction of the necessary
works, as to provide for substantially complete removal of settleable solids
and the removal of not less than forty-five per centum of the total sus-
pended solids; provided that, in order to protect the public health or to
preserve the waters for other legitimate purposes, including those speci-
fied in Article I, in specific instances such higher degree of treatment shall
be used as may be determined to be necessary by the Commission after
investigation, due notice and hearing.

All industrial wastes discharged or permitted to flow into the afore-
said waters shall be modified or treated, within a time reasonable for the
construction of the necessary works, in order to protect the public health
or to preserve the waters for other legitimate purposes, including those
specified in Article I, to such degree as may be determined to be necessary
by the Commission after investigation, due notice and hearing.

All sewage or industrial wastes discharged or permitted to flow into
tributaries of the aforesaid waters situated wholly within one state shall
be treated to that extent, if any, which may be necessary to maintain such
waters in a sanitary and satisfactory condition at least equal to the condi-
tion of the waters of the interstate stream immediately above the
confluence.

The Commission is hereby authorized to adopt, prescribe and promul-
gate rules, regulations and standards for administering and enforcing the
provisions of this article.

Article VII.

Nothing in this Compact shall be construed to limit the powers of any
signatory state, or to repeal or prevent the enactment of any legislation
or the enforcement of any requirement by any signatory state, imposing
additional conditions and restrictions to further lessen or prevent the
pollution of waters within its jurisdiction.

Article VIII.

__ The Commission shall conduct a survey of the territory included
within the district, shall study the pollution problems of the district, and
shall make a comprehensive report for the prevention or reduction of
stream pollution therein. In preparing such report, the Commission shall
confer with any national or regional planning body which may be estab-
lished, and any department of the federal government authorized to deal
with matters relating to the pollution problems of the district. The Com-
mission shall draft and recommend to the governors of the various signa-
tory states uniform legislation dealing with the pollution of rivers, streams
and waters and other pollution problems within the district. The ‘Commis-
sion shall consult with and advise the various states, communities, munic-
ipalities, corporations, persons, or other entities with regard to particular
problems connected with the pollution of waters, particularly, with regard
to the construction of plants for the disposal of sewage, industrial and
other waste. The Commission shall, more than one month prior to any
regular meeting of the legislature of any state which is a party thereto,
present to the governor of the state its recommendations relating to enact-
ments to be made by any legislature in furthering the intents and purposes
of this Compact.

Article IX.

The Commission may from time to time after investigation and after
a hearing, issue an order or orders upon any municipality, corporation,
person, or other entity discharging sewage or industrial waste into the
Ohio River, or any other river, stream or water, any part of which con-
stitutes any part of the boundary line between any two or more of the
signatory states, or into any stream any part of which flows from any
portion of one signatory state through any portion of another signatory
state. Any such order or orders may prescribe the date on or before
which such discharge shall be wholly or partially discontinued, modified
or treated or otherwise dispose of. The Commission shall give reasonable
notice of the time and place of the hearing to the municipality, corporation
or other entity against which such order is proposed. No such order shall
go into effect unless and until it receives the assent of at least a majority
of the commissioners from each or not less than a majority of the signatory
states; and no such order upon a municipality, corporation, person or
entity in any state shall go into effect unless and until it receives the
assent of not less than a majority of the commissioners from such state.

It shall be the duty of the municipality, corporation, person or other
entity to comply with any such order issued against it or him by the
Commission, and any court of general jurisdiction or any United States
district court in any of the signatory states shall have the jurisdiction,
by mandamus, injunction, specific performance or other form of remedy
to enforce any such order against any municipality, corporation or other
entity domiciled or located within such state or whose discharge of the
waste takes place within or adjoining such state, or against any employee,
department or subdivision of such municipality, corporation, person or
other entity; provided, that such court may review the order and affirm,
reverse or modify the same upon any of the grounds customarily applicable
in proceedings for court review of administrative decisions. The Commis-
sion or, at its request, the Attorney General or other law enforcing official,
shall have power to institute in such court any action for the enforcement
of such order.

Article X.

The signatory states agree to appropriate for the salaries, office and
other administrative expenses, their proper proportion of the annual
budget as determined by the Commission and approved by the governors
of the signatory states, one-half of such amount to be prorated among
the several states in proportion of their population within the district
at the last preceding federal census, the other half to be prorated in
proportion to their land area within the district.
Article XI.

This Compact shall become effective upon ratification by the legis-
latures of a majority of the states located within the district and upon
approval by the Congress of the United States; and shall become effective
as to any additional states signing thereafter at the time of such signing.

§ 62.1-72. Effect of signing Compact.—The State of Virginia, hereby
through the signature of its Governor hereto, adds its name to those
of the states of Illinois, Indiana, Kentucky, New York, Ohio, Pennsyl-
vania, Tennessee and West Virginia as the parties to and signatory states
of the foregoing Ohio River Valley Water Sanitation Compact, and hereby
covenants and agrees as hereinabove set forth in such Compact.

The signature by the Governor of Virginia, to the foregoing Com-
pact on behalf of the Commonwealth of Virginia, shall bind the Common-
wealth and indicate its assent to and acceptance of the terms and condi-
tions of such Compact.

§ 62.1-73. Appointment and removal of Virginia members of Com-
mission.—In pursuance of Article IV of said Compact there shall be three
members of the Ohio River Valley Water Sanitation Commission from
Virginia. The members of the Commission shall be appointed by the
Governor, subject to confirmation by the General Assembly, from the
membership of the State Water Control Board continued under § 62.1-19.
The terms of the commissioners shall be coincident with that of their
terms upon the State Water Control Board. All vacancies in the office of
any such commissioner shall be filled by appointment by the Governor.

Any commissioner may be removed from office by the Governor.

§ 62.1-74. Powers of Commission; duties of State officers, depart-
ments, etc.; jurisdiction of certain courts; enforcement.—Subject to the
terms of such Compact there is hereby granted to the Commission and
commissioners thereof all the powers provided for in the Compact, and
all the powers necessary or incidental to the carrying out of the Compact
in every particular. All officers of this State are hereby authorized and
directed to do all things falling within their respective provinces and
jurisdiction necessary or incidental to the carrying out of the Compact
in every particular, it being hereby declared to be the policy of this
State to perform and carry out the Compact and to accomplish the pur-
poses thereof. All officers, bureaus, departments, and persons of and in
the State government or administration of this Commonwealth are hereby
authorized and directed at convenient times and upon request of the
Commission to furnish it with information and data possessed by them
or any of them and to aid the Commission by loan of personnel or other
means lying within their legal powers, respectively.

The courts of record of this Commonwealth are hereby granted the
jurisdiction specified in Article IX of the Compact, and the Attorney
General and other law enforcing officers of this Commonwealth are hereby
granted the power to institute any action for the enforcement of the
orders of the Commission as specified in Article IX of the Compact.

§ 62.1-75. Powers granted Commission are supplemental.—Any pow-
ers herein granted to the Commission shall be regarded as in aid of and
supplemental to and in no case a limitation upon any of the powers
vested in the Commission by other laws of this Commonwealth or by
the laws of the states of Illinois, Indiana, Kentucky, New York, Ohio,
Pennsylvania, West Virginia, Tennessee, or by Congress, or by the terms
of the Compact.

§ 62.1-76. Expenses of members.—The commissioners shall be reim-
bursed out of moneys appropriated for such purposes all sums which they
necessarily expend in the discharge of their duties as members of such
Commission.

§ 62.1-77. Officers and employees; meetings.—The Commission shall
elect from its membership a chairman, and may also select a secretary
who need not be a member. The Commission may employ such assistants
as it deems necessarily required, and the duties of such assistants shall
be prescribed and their compensation fixed by the Commission and paid
out of the State treasury out of funds appropriated for such purposes
upon the requisition of the Commission.

The Commission shall meet at times and places agreed upon by the
commissioners or upon call of its chairman.

§ 62.1-78. Chapter effective in due course, upon signature of Gov-
ernor.—This chapter shall become effective in due course provided the
Governor signs the Compact heretofore referred to on behalf of the
Commonwealth.

§ 62.1-79. Appropriations.—The sums appropriated to carry out the
purposes of this chapter shall be used to effect its provisions and to pay
Virginia’s proportionate part of the budget of the Ohio River Valley
Water Sanitation Commission in accordance with Article X of the Com-
pact. No part of any such appropriation shall be available for expenditure
in whole or in part unless and until the Comptroller shall be annually
satisfied that each of the governmental entities having representatives
on the Ohio River Valley Water Sanitation Commission has provided for
the expenses thereof at least as much as is appropriated by the General
Assembly of Virginia for the purposes of this chapter.

CHAPTER 7.

WATER POWER DEVELOPMENT, CONSERVATION OF
HYDRO-ELECTRIC POWER DAMS AND WORKS

§ 62.1-80. Declaration of public policy.—In order to conserve and
utilize the otherwise wasted energy from the water powers in this State,
it is hereby declared to be the policy of the State to encourage the
utilization of the water resources in the State to the greatest practicable
extent and to control the waters of the State, as herein defined, and
also the construction or reconstruction of a dam in any rivers or streams
within the State for the generation of hydro-electric energy for use or
sale in public service, all as hereinafter provided.

§ 62.1-81. “Waters of the State” defined.—The term “waters of the
State” as used in this chapter shall mean: (a) Any stream or that
portion of any stream in this State which prior to June twenty-first,
nineteen hundred thirty-two has been declared navigable by any un-
repealed statute of this State, or (b) any stream or that portion of any
stream in this State, the bed of which is owned by the Commonwealth,
or (c) those parts of streams or other bodies of water in this State
which either in their natural or improved condition, notwithstanding in-
terruptions between the navigable parts of such streams or waters by
falls, shallows, or rapids, compelling land carriage, are used or suitable
for use for the transportation of persons or property in interstate or
foreign commerce, including therein all such interrupting falls, shallows
or rapids, and also any stream or part thereof in this State other than
those above mentioned in this subdivision in which the construction of any
dam or works as authorized by this chapter would affect the interests of
interstate or foreign commerce, or (d) that portion of any river or
stream flowing between the high-water mark on the Virginia shore and
the low-water mark when such low-water mark constitutes the bound-
ary line between Virginia and another state.

§ 62.1-82. Control and regulation by State Corporation Commis-
sion.—The control and regulation on the part of the State of the develop-
ment of the waters of the State shall be paramount, and shall be exercised
through the agency of the State Corporation Commission, sometimes in
this chapter referred to as the Commission; provided, however, nothing
contained in this chapter shall deprive any riparian owner of any right
which he may have, under existing law, except by due and further process
of law upon the exercise of eminent domain and upon the payment of
just compensation for any such right.

§ 62.1-83. Dams across waters of State.——No person, firm, associa-
tion or corporation, private or municipal, proposing to construct or re-
construct any dam across or in the waters of the State, as defined in
§ 62.1-81, or a dam in any rivers or streams within the State when
such dam is for the purpose of generating hydro-electric energy for use
or sale in public service, shall begin the construction or reconstruction
of any such dam unless and until the provisions of this chapter shall
have been complied with, and every such dam shall in every respect be
subject to the provision of this chapter and such other general laws of
the State as may be applicable thereto. Nor shall any dam constructed
or reconstructed after July first, nineteen hundred thirty-two, in any
waters, rivers or streams within the State, without a license under this
chapter, be utilized at any time for the purpose of generating hydro-
electric energy for use or sale, directly or indirectly, in public service,
unless and until licensed or permitted so to do by order of the State
Corporation Commission, after hearing, and finding that the public in-
terest will be thereby promoted or will not be detrimentally affected.

§ 62.1-84. What “dam” includes.—The word “dam” as used in this
chapter is intended to include the appurtenant pondage area on any part
thereof.

§ 62.1-85. License required to construct dam; application.—The con-
struction or reconstruction of any such dam as is mentioned in § 62.1-83
shall not be begun until the person, firm, association or corporation,
private or municipal, proposing to construct or reconstruct the same shall
first obtain a license so to do from the State Corporation Commission.
The application for such license shall be filed with the Commission and in
it all the essential facts shall be stated to enable the Commission to pass
upon its merits. A copy of such application shall also be filed by the
applicant with the Director of Conservation and Economic Development
within ten days after filing such application with the State Corporation
Commission. Each application for license shall be accompanied by such
maps, plans and other information as may be necessary to give a clear
and full understanding of the proposed scheme of development, and of
dams, generating stations or other major structures, if any, involved
therein.

§ 62.1-86. Notice of hearing on application.—As soon as practicable
after the filing with the State Corporation Commission of any application
for a license under the provisions of this chapter, the Commission shall
set a day for a public hearing upon such application, and the applicant
shall give notice to the public of the application, in form to be prescribed
or approved by the Commission, by publication once in each week for four
successive weeks prior to such hearing in a newspaper or newspapers
of general circulation published in the city or county wherein the pro-
posed construction, or the greater part thereof, is to be made and any
adjoining or connecting county or city affected and every other county
downstream from such development through which the stream runs
to its mouth, if there be such newspaper, and, if there be no such news-
paper, then by publishing the same in a newspaper of general circulation
in such county or counties or cities affected. In such notice the date
fixed by the Commission for the public hearing on the application shall
be stated.

§ 62.1-87. Proceedings at hearing.—At such public hearing the ap-
plicant and any other interested person, firm, association or corporation
shall be given an opportunity to present facts, evidence and argument
for and against the granting of the application.

§ 62.1-88. Determination and investigation by Commission.—Be-
fore acting upon any application, the Commission shall weigh all the
respective advantages and disadvantages from the standpoint of the State
as a whole and the people thereof and shall make such investigation as
may be appropriate as to the effect of the proposed construction upon
any cities, towns and counties and upon the prospective development of
other natural resources and the property of others.

§ 62.1-89. When license granted.—If the Commission shall be of
the opinion from all the evidence before it that, in pursuance of the
herein expressed policy of the State to encourage water power develop-
ment, the plans of the applicant provide for the greatest practicable
extent of utilization of the waters of the State for which the application
is made and that the applicant is financially able to construct and operate
the proposed dam and works and that the general public interest will
be promoted thereby, it shall grant the license to construct and operate
the proposed dam and works.

§ 62.1-90. Rejection of application; requiring applicant to modify
plans.—If the Commission be of the opinion, from the evidence before
it, that the prospective scheme of development is inadequate or wasteful
or that the applicant is financially unable to construct and operate the
proposed dam and works, or that it is prejudicial to the public interest,
the Commission may require the applicant to modify the plans for the
development in such manner as may be specified by the Commission or
the Commission may reject the application.

62.1-91. Terms and conditions of license; preventing obstruction
of navigation or flow.—In granting any license the Commission may in-
clude in the grant thereof such terms and conditions with respect to
the character of construction, operation and maintenance of the proposed
dam and works as may be reasonably necessary in the opinion of the
Commission in the interest of public safety; and in granting every such
license the Commission shall determine what provision, if any, shall be
made by the licensee to prevent the unreasonable obstruction of then exist-
ing navigation or any unreasonable interference with stream flow. In the
case of a dam located across any navigable waters of the United States,
the owner shall make such provision for navigation as is required by the
Secretary of the Army of the United States.

§ 62.1-92. Priority of location or appropriation; notice to owners
of existing developments.—No priority of location or appropriation shall
be recognized by the Commission in its consideration of any application
for a license, under this chapter, except that in case of an application
for a license for any reconstruction or enlargement of any existing de-
velopment, the owner of such development shall be entitled to priority
over any other applicant for a license for the construction of a de-
velopment which would materially affect such existing development, and
every such applicant for a license under this chapter shall give notice
of his application within ten days after filing of the same with the State
Corporation Commission to every other person, firm, association or cor-
poration owning any other development which might be affected thereby,
whose application for a license under this chapter would be entitled to
priority if such application were filed. In case of conflict between two
or more applicants, the Commission may grant the license to such ap-
plicant as it may deem best in the light of the considerations herein
specified.

§ 62.1-93. Time for construction of proposed dam and works.—With
respect to any license which may be granted, the Commission shall pre-
scribe a time limit of not more than two years after the granting of such
license for the commencement of the construction of the proposed dam
and works of the applicant and of not more than five years after the
granting of such license for the completion of such dam and works, either
or both of which initial time limits may be extended for good cause
from time to time in the discretion of the Commission.

§ 62.1-94. Duration of licenses; acquisition of developments by
State.—All licenses granted under the provisions of this chapter shall
remain in effect for a period of fifty years from and after the date of
granting thereof. From and after the expiration of such terms of fifty
years the licensee, its successors and assigns, shall hold the property and
rights acquired under the authority of this chapter under an inde-
terminate license, which shall continue until such property and rights
have been purchased by the State, or until the same have been acquired
by the State by due process of law; provided that the right of the State
to take over, maintain and operate any development licensed under this
chapter at any time by condemnation proceedings, upon payment of just
compensation, is hereby expressly reserved.

§ 62.1-95. Value of license not to be estimated in valuation for rate
making, etc.; intangible water power value.—In any valuation, for the
purpose of rate making or for the purpose of acquisition by the State
by condemnation or by purchase as above provided for, of the property
included in any development licensed under this chapter, there shall not
be claimed by the licensee or allowed by the State Corporation Commission
any value for the license granted by the State for such development, or
for the right of the licensee to utilize the natural resources owned by the
State and used by the licensee in connection with the construction, main-
tenance and operation of such development, nor shall there be claimed
or allowed any appreciation on the intangible water power value in
excess of the fair intangible water power value at the time of the granting
of the license for the construction of such development, such intangible
water power value being distinguished from the value of land or an
interest in land, or the right to flood or damage or otherwise utilize
land, or to interfere with or to divert water, or to otherwise damage
a riparian owner or owners of other real estate. The provisions contained
in this section are hereby made an express condition of every license
granted hereunder and to the exercise by the licensee of the right of
eminent domain in this chapter conferred.

§ 62.1-96. Transfer or assignment of license.—No voluntary trans-
fer or assignment of any license granted under this chapter shall be
made to any transferee or assignee unless he be financially able to carry
out the project or development, nor shall any such voluntary transfer or
assignment be valid or of any effect whatsoever unless the same shall
be in writing and a copy thereof be filed with, and approved by, the
Commission, provided that any mortgage or trust deed, or foreclosure
under any mortgage or deed of trust, or any judicial or tax sale, merger
or consolidation, or any sale of the greater part of the property of the
licensee in the State, shall not be deemed a voluntary transfer within the
meaning of this chapter. Any successor or assignee of the rights of the
licensee, whether by voluntary transfer, judicial sale, foreclosure sale or
otherwise, shall be subject to all of the obligations, liabilities and condi-
tions incident to such license to the same extent as though such successor
or assignee were the original licensee.

§ 62.1-97. Proceedings on violation of terms of license or of provi-
sions of chapter or regulations.—In event of violation by the licensee
of any of the terms of a license, or for the purpose of remedying by in-
junction, mandamus or other process any act of commission or omission
by the licensee in violation of any of the provisions of this chapter, or
of any lawful regulation or order promulgated in pursuance thereof, the
Attorney General of this State shall, upon request of the Commission,
institute proceedings in the Circuit Court of the City of Richmond in
the name of the Commonwealth at the relation of the Commission for the
purpose of compelling the licensee to comply with the provisions of the
license or of this chapter, or for the purpose of revoking the right of
the licensee to proceed further under the license, or similarly as to a
specified portion or portions of the development which is under license.
The court shall have jurisdiction over all of the above mentioned pro-
ceedings and shall be empowered to issue and execute all necessary proc-
ess and to make and enforce all writs, orders and decrees to compel
compliance with the lawful orders and regulations of the Commission
and to compel the performance of any condition imposed under the pro-
visions of this chapter. If a decree is entered by the court revoking the
right of the licensee to proceed further with the development under li-
cense, or similarly with respect to a specified portion or portions of the
development under license, the court is empowered to sell at public sale
to the highest responsible bidder the property and rights of the licensee
used or useful in connection with such development or such specified por-
tion thereof, to distribute the proceeds to the parties entitled thereto
and to make and enforce such further or other orders and decrees as
equity and justice may require. At such sale or sales the vendee shall
succeed to the rights and privileges of the licensee with respect to such
development or such specified portion thereof and shall perform all the
duties of the licensee under the license and assume all such outstanding
obligations and liabilities of the licensee as the court may deem equitable
in the premises.

62.1-98. Right of eminent domain of public service corporations.—
In addition to any right or power of eminent domain which it may have
under existing law, every public service corporation engaged in the de-
velopment of water power in this State for the production, sale and
supply of hydroelectric power and energy to the public shall be vested
with the right of eminent domain to the full extent requisite for the
acquisition of all lands, property and rights necessary for the purpose of
the construction, enlargement, maintenance or operation of any dam, res-
ervoir, power station and/or other structures of any such water power
development, subject to the following provisions:

(a) Such corporation may, by the exercise of such right for such
purpose, acquire all necessary lands, property and rights of whatsoever
nature, whether or not such lands, property or rights have been thereto-
fore appropriated or devoted, or sought to be appropriated or devoted to
public use, including but not restricted to, the lands, property and rights
necessary for any storage, diversion, regulation or detention, and/or inter-
ference with the flow of any water and for any waterway and including
also, but not restricted to, any lands, structures, property or rights owned,
used or held by or for public or private, religious, charitable, educational
or cemetery purposes; any dwelling houses and any public or private
roads and bridges, and any other property, public or private, when neces-
sary for such purpose; provided, however, that the right of eminent
domain under this section shall not be available against existing public-
carrier railroads; and provided further that, in the event of the con-
demnation under this chapter of any roads or bridges, the Commissioners
in assessing the compensation and damages therefor, shall consider the
cost of relocating and constructing such roads or bridges upon other
reasonable convenient locations, and the damage, if any, to persons and
corporations because of relocation and construction. No such corporation
shall impair the drinking water supply of any city or town or acquire
any municipal electric light and power or water plant by virtue of any
additional powers conferred by this chapter; provided further that the
provisions of this section shall not be construed to authorize the acquisition
by condemnation or otherwise of any streets or alleys or portions thereof
in incorporated cities or towns.

(b) When, in the operation of any dam, power station or other
structure of a water power development, any such public service corpora-
tion interferes, to an extent beyond its common-law riparian rights, with
the flow of water downstream from such structure and by reason of such
interference any property or riparian right, or any part thereof or interest
therein, is destroyed or damaged, such corporation may exercise the right
of eminent domain for the purpose of acquiring such property, right or
interest so destroyed or of ascertaining and paying just compensation for
any such damage. ;

(c) In connection with the exercise of the right of eminent domain
over public and private cemeteries, such corporation shall also have the
right to acquire by condemnation proceedings other lands to which to
remove the bodies and monuments or other structures from such public
or private cemeteries. All the rights of the owners, including the State,
in and to the lands in such cemeteries shall pass to and vest in such
corporation and the title to the lands acquired for the removal of such
cemeteries shall vest in the former owners and such others as may have
rights therein of such cemeteries so removed. However, before such cor-
poration may flood or otherwise utilize any such cemetery, it shall re-
move the bodies and monuments or other structures to the lands acquired
for such purpose and reinter the bodies and reset the monuments, under the
direction and to the satisfaction of the court in which such condemnation
proceedings are brought. If the parties in interest fail to agree as to the
location and area of the additional lands to be acquired in which to
reinter the bodies and on which to rest the monuments and other struc-
tures, the same shall be determined by the court.

(d) For the purpose of relocating any railway, pipe line, wire line,
road or bridge occupying the area on which any such water power
development or enlargement thereof is to be located, such corporation
may acquire by the exercise of the right of eminent domain, any needful
additional lands or other property, whether within or without the area
upon which such water power development or enlargement thereof is to
be located, and shall have the right for such purpose and shall convey
such lands or other property or rights to the owner of such railway, pipe
line, wire line, road or bridge.

(e) In all cases of the exercise of such right of eminent domain
just compensation shall be paid to the owners and tenants of the property
taken or damaged, in the manner provided by law for all property taken
or damaged. The proceedings for this purpose shall be in accordance with
Title 25 and other provisions of law. As to any part of the real estate
sought to be taken for any of the purposes authorized in this chapter,
such corporation may describe in its application for condemnation an es-
tate or interest therein of a fee or less than a fee and, upon payment
therefor, such estate or interest as is stated and described in such ap-
plication shall vest in such corporation; but when less than a fee is
taken, the commissioners in assessing damages shall take into considera-
tion the actual damage that is done or that may be done to the fee by
such taking, including the use to which the property so taken will be put
by such corporation. Provided, however, that nothing contained in § 62.1-
97 shall deprive any owner of property of any right to receive just
compensation and damages as provided by law, upon the exercise of the
right of eminent domain by any licensee under this chapter.

_(f) Any public service corporation which shall exercise any of the
additional powers of eminent domain granted in this act and not existing
under the law in effect January first, nineteen hundred twenty-eight,
shall thereby be conclusively deemed to have agreed, as a condition prec-
edent to the exercise of such powers, to be bound by all of the provisions
of this chapter.

§ 62.1-99. Water power developments constructed or acquired prior
to certain date.—Section 12 of Chapter 424 of the Acts of 1928, approved
March 24, 1928, as amended by Chapter 346 of the Acts of 1932, approved
March 26, 1932, codified as § 3581(13) of Michie Code 1942 and as
§ 62-88 of the Code of Virginia of 1950, relating to water power develop-
ments constructed or acquired prior to January first, nineteen hundred
twenty-eight, and being utilized on that date or within two years
prior thereto, or upon which, between January first, nineteen hundred
twenty-three, and June seventeenth, nineteen hundred twenty-eight, not
less than fifty thousand dollars had been expended, is continued in effect.

§ 62.1-100. Rules of Commission; reports; employment of experts,
etc.—The Commission shall have the power to make such reasonable rules
and regulations as may be necessary to administer the provisions of this
chapter and to require licensees hereunder to render to it from time to
time such reports as may be reasonably necessary. It shall have the
power to employ expert engineers or other experts or persons to examine
and report upon projects as proposed in applications for licenses, or the
structures thereof, or upon plans submitted after the issuance of licenses
covering additional details or succeeding stages of construction.

§ 62.1-101. Licenses not affected by alteration, amendment or re-
peal of chapter.—No alteration, amendment or repeal of this chapter shall,
without the consent of the licensee, affect any license granted under the
provisions of this chapter, nor shall it affect the provisions, terms and
conditions of such license nor the rights of the licensee thereunder.

§ 62.1-102. Alteration or amendment of license.—The provisions,
terms, and conditions of any license may be altered or amended at any
time by mutual consent of the licensee and the Commission, to the extent
such alteration or amendment is not in conflict with the then existing
law of the State.

§ 62.1-103. Jurisdiction of United States.—Nothing contained in
this chapter shall be so construed as to interfere with the exercise of
lawful jurisdiction of the government of the United States, or its duly
constituted agencies, over the waters of the State as herein defined.

CHAPTER 8.
IMPOUNDMENT OF SURFACE WATERS.

§ 62.1-104. Definitions.—(1) Except as modified below, the defini-
tions contained in Title 1 shall apply in this chapter.

( “Commissioner” means the Commissioner of Water Resources.

(3) “Impounding structure’ means a man-made device, whether a
dam across a watercourse or other structure outside a watercourse, used
or to be used for the authorized storage of flood waters for subsequent
beneficial use.

(4) “Watercourse” means a natural channel having a well defined
bed and banks and in which water flows when it normally does flow. For
the purposes hereof they shall be limited to rivers, creeks, streams,
branches, and other water courses which are nonnavigable in fact and
which are wholly within the jurisdiction of the State.

(5) “Riparian land” is land which is contiguous to and touches a
watercourse. It does not include land outside the watershed of the water-
course. Real property under common ownership and which is not separated
from riparian land by land of any other ownership shall likewise be
deemed riparian land, notwithstanding that such real property is divided
into tracts and parcels which may not bound upon the watercourse.

(6) “Riparian owner” is an owner of riparian land.
(7) “Average flow’ means the average discharge of a stream at a
particular point and normally is expressed in cubic feet per second. It
may be determined from actual measurements or computed from the most
accurate information available.

(8) “Diffused surface waters” are those which, resulting from pre-
cipitation, flow down across the surface of the land until they reach a
watercourse, after which they become parts of streams.

(9)) “Flood waters” means water in a stream which is over and
above the average flow.

(10) “Court” means the circuit court of the county or corporation
‘sina of the city in which an impoundment is located or proposed to be
ocated.

§ 62.1-105. Impoundment or diffused surface waters.—Diffused sur-
face waters may be captured and impounded by the owner of the land
on which they are present and, when so impounded, become the property
of that owner. Such impoundment shall not cause damage to others.

§ 62.1-106. When flood waters may be captured and stored by ri-
parian owners.—Water in watercourses which is over and above the aver-
age flow of the stream may, upon approval, be captured and stored by
riparian owners for their later use under the following conditions:

As a result of the capture and storage of such waters, there
will be no damage to others.

(2) The title to the land on which the impounding structure and
the impounded water will rest are in the person or persons requesting
the authority.

(3) All costs incident to such impoundment, including devices above
and below for indicating average flow, will be borne by the person or
persons requesting the authority.

For impoundments with a capacity of more than fifty acre-
feet of storage all construction is approved by a registered civil engineer
or a registered agricultural engineer. For those with capacities of fifty
acre-feet, or less, of storage all construction will be approved by a regis-
tered civil engineer or a registered agricultural engineer or by some other
competent person.

(5) Those requesting the authority will insure that the flow below
the impoundment is equal to:

(a) at least the average flow when the flow immediately above the
impounding structure is greater than the average flow, or

(b) at least the flow immediately above the impounding structure
when that flow is equal to or less than the average flow.

(6) If needed, provision will be made in the impounding structure
for an adequate spillway and for means of releasing water to maintain
the required flow downstream.

(7) If for purposes of irrigation, the quantity of water stored
(exclusive of foreseeable losses) will not exceed that required for a period
of twelve months to irrigate the cleared acreage owned by those par-
ticipating in the undertaking and lying in the watershed of the stream
from which the water is taken.

(8) All structures and equipment incident to such impoundment will
be maintained in safe and serviceable condition by the owners and all
parts thereof in a watercourse will be removed when no longer required
for the purpose.

(9) Priority to the right to store flood waters, as outlined, will
go to up stream riparian owners.

(10) Those impounding flood waters will, upon request, provide ap-
propriate information concerning the impoundment to the Commissioner
and State Water Control Board.

§ 62.1-107. Application for leave to store flood waters; notice to in-
CH. 659] Acts OF ASSEMBLY 1095

terested persons and to State Water Control Board.—Any riparian owner,
or riparian owners, desiring to store flood waters under the conditions
specified in § 62.1-106 may apply for leave so to do to the circuit court
of the county or corporation court of the city wherein the impounding
structure is proposed to be built. Such application shall be made by peti-
tion filed in the clerk’s office of the court. It shall set forth the name and
address of the riparian owner, or owners, the purpose of the proposed
impoundment, the desired storage capacity and the basis on which deter-
mined, the stream and the point on it from which flood waters are
proposed to be taken, the estimated cost of the project, and an agree-
ment to abide by the provisions of § 62.1-106. It shall be accompanied
by a plat or sketch of the riparian property which he or they own and
on which is shown the site of the impounding structure and the area
to be flooded by the impounded water. The plat or sketch shall include
data sufficient to permit the location of the property on the official high-
way map of the county or a map of the city or town where appropriate.
It shall also be accompanied by a plan of the proposed impounding struc-
ture on which appears the approval of the plan by a registered civil
engineer or registered agricultural engineer, (or other competent person
for storage capacities of fifty acre-feet or less) and agreement thereto
by the riparian owner. All interested persons shall be given notice of such
application by publication in accordance with §§ 8-71 and 8-72 of the
Code. A copy of the petition, together with a copy of the plat and a
copy of the plan, shall be sent by registered mail to the Commissioner
who shall forthwith notify the State Water Control Board thereof. :

§ 62.1-108. Time and place of hearing on petition; parties.—Upon
the filing of any such petition, the court or judge thereof in vacation
shall set a time and place for hearing the same, which time and place
shall be set forth in the order of publication. Any person affected may
appear and be made a party to such proceeding by leave of court.

§ 62.1-109. Commissioner to examine petition and report to court.—
Upon receipt of a copy of any such petition the Commissioner shall examine
the same and report thereon to the court upon the following matters:

(1) The average flow of the stream at the point from which water
for storage will be taken.

(2) Whether the proposed project conflicts with any other proposed
or likely developments on the watershed.

(3) The effect of the proposed impoundment on pollution abate-
ment to be evidenced by a certified statement from the State Water
Control Board together with such other relevant comments as such Board
desires to make.

or Any other relevant matters which he desires to place before the
court.

§ 62.1-110. Court to hear and determine issues; reference to com-
missioner.—The court, on the day specified in the order of publication,
shall hear and determine the issues in the proceeding based on the report
and other evidence. In its discretion the court may refer any matter
to a commissioner in chancery to take such evidence as may be proper
and to make a report to the court.

§ 62.1-111. When leave not granted; terms and conditions; ap-
peals.—If, on the report and other evidence, it appears to the court that
by granting such leave other riparian owners will be injured, or there
are other justifiable reasons for denying the petition, the leave shall not
be granted; provided that in no case shall leave be granted if the certified
statement from the State Water Control Board filed under § 62.1-109
shows that, in the opinion of such Board, the reduction of pollution will
be impaired or made more difficult. If it be granted, the court shall place
the applicant under such terms and conditions as shall seem to it right.
An appeal shall lie to the Supreme Court of Appeals.

62.1-112. When leave shall expire.—If the applicant shall not be-
gin his work within two years, and so far finish it within three years
after such leave, as then to have his impounding structure in good
condition for use; or if such impounding structure be at any time de-
stroyed or rendered unfit for use and the rebuilding or repair thereof
shall not within two years from the time of such destruction or unfitness,
be commenced, and within five years from that time be so far finished
as then to be in good condition for use, the leave so granted shall then
expire.

§ 62.1-113. Use of bed of watercourse.—The Commonwealth here-
by gives its consent to the use of the bed of any watercourse to
which it has title for the construction of any impounding structure under
the provisions of this chapter. No right to construct an impounding
structure resting upon the bed of any other watercourse shall lie unless
the owner or owners seeking to construct the same has title to the bed
of such watercourse.

§ 62.1-114. Exceptions to application of chapter.—The provisions
of this chapter shall not apply to any construction which should be under-
taken under chapters 7 (§ 62.1-80 et seq.) or 9 (§ 62.1-116 et seq.) of
this title nor shall it apply in any case in which the consent of the
federal government or of any agency or instrumentality thereof is re-
quired.

§ 62.1-115. Use of waters stored.—Any owner constructing an im-
pounding structure under the provisions of this chapter shall have the
sole and unrestricted use of the flood waters thus stored for the purpose
for which the storage was authorized.

CHAPTER 9.

MILLS, DAMS AND CERTAIN OTHER WORKS ON
WATERCOURSES.

§ 62.1-116. Application for leave to build or raise dam across or
in watercourse, cut canal, ete.—A person having upon lands owned by
him on a watercourse, or proposing to build on such lands, a water
mill, or other machine, manufactory, or engine, useful to the public, and
desiring leave to erect a dam across, or in such watercourse (whether
he own the lands on either side of the watercourse at the point where such
dam is to be erected or not), or to cut or enlarge a canal through lands
above or below, or to raise a dam which may have been erected under
an order of court, or the owner of any such water mill, machine, manu-
factory, or engine, located on a watercourse, having the right to the
use of such watercourse for the operation of his mill, machine, manu-
factory, or engine, and desiring leave to construct a work on or through
the lands of another for the purpose of confining the watercourse within
its customary channel or restoring it thereto where it has been diverted
therefrom not more than three years by floods or other natural causes,
may apply for such leave to the circuit court of the county wherein
sin mill, machine, manufactory, or engine stands, or is proposed to be

uilt.

§ 62.1-117. Notice required.—Of such application ten days’ previous
notice shall be given in the manner prescribed in §§ 25-10 and 25-11
to each tenant, or the guardian or committee of the tenant, of the freehold
of any lands not owned by the applicant, upon which it is desired to abut
a dam, or through which it is desired to cut or enlarge a canal, or con-
struct the work aforesaid.

3 62.1-118. Appointment of commissioners; time of meeting.—On
proof of the notice, the court shall, by its order, appoint five disinterested
freeholders of such county, as commissioners (any three of whom may
act), whose duty it shall be to meet on a certain day to be specified
in the order, at the lands on which the mill, machine, manufactory or
engine stands, or it proposed to be built, or the work aforesaid is proposed
to be constructed, or if they fail to meet on that day, on such subsequent
day as they may designate, notice of which shall be given to the parties
interested in the manner prescribed by the preceding section; and after
they have met, they may adjourn from day to day until their business
is completed.

§ 62.1-119. Oath of commissioners; duties; report.—The commis-
sioners, before entering upon their duties, shall take an oath faithfully
to perform the same, and thereupon shall proceed to inquire and ascertain,
if the leave be granted, whether the mansion house of any person, or the
outhouses, yard, garden, or orchards thereto belonging, will be overflowed
or taken; whether and in what degree ordinary navigation and the pas-
sage of fish will be obstructed; whether by any, and if any, by what
means such obstruction may be prevented; and whether the health of
the neighbors will be annoyed by the stagnation of the waters or other-
wise. They shall also circumscribe so much of the lands, not owned by the
applicant, as may be necessary for the canal, dam, or work to be con-
structed as aforesaid, not being (beyond what is in the bed of the water-
course) more than one acre for a dam, nor more than one hundred feet
in width for a canal, and shall ascertain what will be a just compensation
therefor. Any lands which will probably be overflowed or deprived of
water, or otherwise injured by such canal or dam, or be injured by the
construction of the work aforesaid, shall likewise be examined by them,
and they shall ascertain what will be a just compensation to the several
owners thereof, for the damage to the same respectively. All of which
matters the commissioners shall set forth in a report, which they shall
make out, sign, and return to the court by which they were appointed.

§ 62.1-120. When further notice required.—If, by such report, or
otherwise, it appear that any person to whom notice has not been given,
will sustain damage, notice shall be given to him, in the manner prescribed
by § aalamd to show cause why the applicant should not have the leave

esired.

§ 62.1-121. When new commissioners appointed.—If good cause be
shown against the report, or the commissioners report their disagreement,
or fail to report within a reasonable time, the court may, in any such
case as often as seems to it proper, appoint other commissioners and the
matter be proceeded in as before prescribed.

§ 62.1-122. When court to refuse or grant leave; when granted,
what terms imposed.—lIf, on the report, or on other evidence, it appears
to the court that by granting such leave the mansion house of any person
other than the applicant himself, or the outhouses, yard, garden, or or-
chards thereto belonging, will be overflowed or taken, or that the health
of the neighbors will be annoyed, the leave shall not be granted. But if
it shall not so appear, the court shall then grant or refuse the leave,
as may seem to it proper. If it be granted, the court shall lay the
applicant under such terms and conditions as shall seem to it right. It
shall, in particular, provide, that ordinary navigation and the passage
of fish shall not be obstructed, nor the convenient crossing of the water-
course impeded; and where, under such leave, an existing mill, manu-
factory, machine, or engine is to be supplied with water by a canal,
the court shall prescribe a time within which the dam, whereby water
had before been supplied, shall be abated, which time shall not be more
than one year from the completion of the canal. Whenever such leave
is granted, the tenant of any land through which any canal may be
cut, may cross it with such fencing, and bridges, and erect such water
gates as he may from time to time deem necessary, not obstructing the
passage of the water to the mill, manufactory, machine, or engine.

§ 62.1-123. Rights of applicant on payment of damages.—The ap-
plicant, to whom any such leave is granted, shall, upon paying to the
several parties entitled thereto the compensation so ascertained, become
seized in fee simple of the land circumscribed by the commissioners, and
be authorized to proceed according to such leave.

§ 62.1-124. Such leave not to affect vested rights.—No person shall
by means of any such leave, draw the water from any millpond of another,
existing at the time of such leave, or do anything in conflict with any
vested right in any water works erected on such water course.

§ 62.1-125. Time within which applicant must erect or rebuild
works; consequence of failure.—_If the applicant shall not begin his work
within one year, and so far finish it within three years after such leave,
as then to have his mill, manufactory, machine, or engine in good condi-
tion for use; or if such mill, manufactory, machine, or engine, be at
any time destroyed or rendered unfit for use, and the rebuilding or repair
thereof shall not within two years from the time of such destruction or
unfitness, be commenced, and within five years from that time be so far
finished as then to be in good condition for use, the title to the land
so circumscribed shall revert to the former owner, his heirs, or assigns,
and the leave so granted shall then be in force no longer, except as pro-
vided in the following section.

§ 62.1-126. Forfeiture by tenant of works damaged or destroyed,
and unrestored; right of remainderman or reversioner.—Where any mill,
manufactory, machine, or engine in possession of, but not erected by
a tenant for life or years, shall be destroyed or become unfit for use,
and such tenant shall not, within the two years begin, or within the five
years finish such rebuilding or repair, the person next entitled in re-
mainder or reversion may enter and rebuild or repair the same within
three years from the time of the failure of such tenant, and thereafter
hold and enjoy the same, with its appurtenances, for his use and benefit.

§ 62.1-127. Prosecution or action for unforeseen damages.—No pro-
ceedings had under this chapter, nor any judgment thereon, shall bar
any prosecution or action which could have been maintained if this chapter
had not been enacted, unless the prosecution or action be for an injury
actually foreseen and estimates in such proceeding or judgment.

CHAPTER 10.
VIRGINIA PORTS AUTHORITY.

§ 62.1-128. Division of Ports abolished; Virginia State Ports Au-
thority created.—The Division of Ports of the Department of Conservation
and Development is hereby abolished. The Virginia State Ports Authority,
hereinafter referred to as Authority, is created as a body corporate and
as such shall have, and is hereby vested with, the powers and duties
hereinafter conferred in this chapter.

§ 62.1-129. Board of Commissioners; members and officers; Execu-
tive Director; agents and employees.—All powers, rights and duties con-
ferred by this chapter, or other provisions of law, upon the Authority
shall be exercised by the Board of Commissioners of the Virginia State
Ports Authority, hereinafter referred to as Board or Board of Commis-
sioners. The Board shall consist of seven members to be appointed by the
Governor, subject to confirmation by the General Assembly, and who shall
serve at the pleasure of the Governor for terms of six years each, the
initial appointments to be two members for terms of six years, two mem-
bers for terms of five years, two for terms of four years, and one for a
term of three years, and subsequent appointments to be made for terms
of six years, except appointments to fill vacancies, which shall be made
for the unexpired term. They shall receive their expenses and per diem
of twenty-five dollars for each day spent on business of the Board. No
person shall be eligible to serve more than two successive terms; provided
that a person heretofore or hereafter appointed to fill a vacancy may be
appointed to serve two additional terms. Incumbency during the current
term when this amendment takes effect shall constitute the first of the
two successive terms with respect to eligibility for appointment.

The Board shall appoint the chief executive officer of the Authority,
who shall not be a member thereof, to be known as the Executive Di-
rector and whose compensation from the State shall be fixed by the Board
in accordance with law. The Board shall employ or retain such other
agents or employees subordinate to the Executive Director as may be
necessary. The Board shall elect from its membership the chairman, vice-
chairman, secretary, and treasurer, and prescribe their powers and duties.

The Board may also appoint from the staff an assistant secretary
and an assistant treasurer, who shall, in addition to other duties, dis-
charge such functions of the secretary and treasurer, respectively, as may
be directed by the Board.

§ 62.1-130. Powers and duties of Executive Director.—The Execu-
tive Director shall exercise such of the powers and duties relating to
ports conferred upon the Board as may be delegated to him by the
Board, including powers and duties involving the exercise of discretion.
The Executive Director shall also exercise and perform such other powers
and duties as may be lawfully delegated to him, and such powers and
duties as may be conferred or imposed upon him by law.

§ 62.1-131. Office and branch offices.—The Authority shall, in the
Hampton Roads Area, have and maintain its principal office, at which
all of its records shall be kept, and from which its business shall be
transacted. It may, if necessary, establish a branch office or offices within
or without this State. The title to all property of every kind belonging
to the former Hampton Roads Port Commission or the former State Port
Authority of Virginia or the former Division of Ports Department of
Conservation and Development, shall be vested in the Commonwealth of
Virginia for the Virginia State Ports Authority.

§ 62.1-132. Boards of municipal port commissioners.—In order to
promote the development and the physical and administrative coordina-
tion and unification of the port facilities within the cities and towns of
this State, located upon any of the navigable tidal waters therein, and the
proper cooperation between such cities and towns with respect to such
facilities located within the State, the council, or other governing body,
of any of such cities or town shall have the power to appoint boards of
municipal port commissioners for such cities and towns, respectively, to
which boards, when so appointed may be delegated any or all of the
authority of such cities and towns, respectively, with regard to the owner-
ship, operation, management or control of the port terminal facilities
within such cities or towns, but those boards of municipal dock com-
missioners heretofore existing shall continue in effect in accordance with
the laws creating them, the only effects of this section on such laws being
that the boards shall henceforth be known as boards of municipal port
commissioners and that the exercise of their authority shall be in subordin-
ation to the authority conferred upon the Board of Commissioners by
this chapter, and any conflict between the authority granted to the several
port cities and towns or other entity of this State, or the exercise of
that authority, and the exercise of the authority granted to such Board
of Commissioners under this chapter shall be resolved in favor of the
exercise of such authority by the Board of Commissioners.

§ 62.1-133. Certain rights and duties of Authority—The Author-
ity shall, subject to the lawful regulation and/or control of the United
States Government over the navigable waters of this State, have and
exercise the following rights and discharge the following duties:

(a) To seek to effect a port coordination of the water terminals of
the several cities within the ports of this State and their administration,
and to promote a spirit of cooperation among these cities in the interest
of the ports as a whole.

(b) To initiate and further plans for the development of the ports
of this State and to keep informed as to the present and future require-
ments and needs of the ports of this State. ;

(c) To encourage and facilitate the creation of boards of munic-
ipal port commissioners within the ports of the State, and to cooperate
and advise with such cities and towns and aid in the development of the
several ports within the State, along progressive and constructive lines.

(d) To seek to secure the improvement of navigable tidal waters
within the State, where, in its opinion, such improvements are economically
justifiable.

§ 62.1-134. Additional rights and duties of Board.—Through the
Board, the State of Virginia may engage in promoting, developing, con-
structing, equipping, maintaining, and operating the harbors or seaports
within the State, or its jurisdiction, by means of acquiring or construct-
ing, maintaining and operating at such seaports or harbors water craft
and terminal facilities necessary or useful in connection therewith. The
Authority is charged with the accomplishment of the following general
purposes, all or any of them, which are intended to broaden, and not to
restrict, any other powers given to it in this chapter, namely:

(a) To develop and improve the harbors or seaports of this State
for the handling of water-borne commerce from and to any part of the
State of Virginia and other states and foreign countries ; ;

(b) To acquire, construct, equip, maintain, develop and improve
such harbors or seaports and their port facilities and to issue revenue
bonds for these purposes;

(c) To foster and stimulate the shipment of cargoes and commerce
through such ports, whether originating within or without the State of
Virginia, including the investigation and handling of matters pertaining
to all transportation rates and rate structures affecting the same;

(d) To compile and disseminate in a single publication, so far as
practicable, all port charges, rules and practices in effect at the several
ports in this State;

(e) To cooperate with the United States of America, and any agency
department, corporation or instrumentality thereof, in the maintenance,
development, improvement and use of such harbors and seaports;

(f) To accept funds and property from persons, counties, cities and
towns, and to use the same in such manner, within the purposes of the
Authority, as shall be stipulated by the grantor, and to act as agent or
instrumentality for any of such persons, counties, cities or towns in
any matter coming within the general purposes of such Authority; coun-
ties, cities and towns are hereby authorized to make grants to the Au-
thority for its purposes and to appoint it as agent;

(g) To act as agent for the United States of America, or any agency,
department, corporation or instrumentality thereof, in any matter com-
ing within the purposes or powers of the Authority;

(g1) To issue revenue bonds for the acquisition, construction, recon-
struction or control of harbors, seaports and their port facilities;

And in general to do and perform any act or function which
may tend to or be useful toward the development and improvement of
the harbors and seaports of this State, and to the increase of commerce,
foreign and domestic, through its harbors and seaports;

(i) But the Authority shall not be authorized or empowered to ex-
pend funds appropriated by the General Assembly on, nor to incur any
indebtedness on account of, improvement, repair, maintenance, or addi-
tion to real or personal property belonging to anyone other than the Au-
thority or the Commonwealth of Virginia, or a political subdivision of the
Commonwealth of Virginia, unless the use of such property is guaranteed
to the Authority, or the Commonwealth of Virginia by a lease, extending
beyond the useful life of the improvement, repair, maintenance or addition
or of any new facility erected thereon.

§ 62.1-135. Further powers.—In order to enable it to carry out the
purposes of this chapter, the Authority, but without pledging the faith
and credit of the Commonwealth of Virginia: ;

(a) Is vested with the powers of a body corporate, including the
power to sue and be sued, to make contracts, and to adopt and use a
common seal and to alter the same as may be deemed expedient ; ;

(b) Is authorized and empowered to rent, lease, buy, own, acquire
and dispose of such property, real or personal, as the Authority deems
proper to carry out the purposes and provisions of this chapter, all or
any of them and to issue revenue bonds for buying or acquiring such
property; and to lease to another such part or all of its property, real
or personal, for such period or periods of years, upon such terms and
conditions, with or without an option on the part of the lease to purchase
any or all of the leased property at such price, at or after the retirement
of all indebtedness incurred by the Authority on account thereof, as the
Authority shall determine;

(c) Is authorized and empowered to acquire, construct, maintain,
equip and operate any wharves, docks, ships, piers, quays, elevators, com-
pressors, refrigeration storage plants, warehouses and other structures,
and any and all facilities needful for the convenient use of the same in
the aid of commerce, including the dredging of approaches thereto, and the
construction of shipping facilities, and transportation facilities incident
thereto and useful or convenient for the use thereof and to issue revenue
bonds for these purposes ;

(d) May appoint and employ and dismiss, subject to the provisions
of Chapter 10 of Title 2.1 (§§ 2.1-110 et seq.) of the Code of Virginia,
such employees as it may select. The Authority may retain legal counsel,
subject to the approval of the Attorney General, to represent the Au-
thority in rate cases and all other hearings, controversies, or matters
involving the interests of the Authority and the furtherance of its duties;

(e) Is authorized to establish and maintain a traffic bureau or other
office to investigate and seek improvement in rates, rate structure, prac-
tices and charges affecting the Virginia ports so as to increase the com-
merce of such ports;

(f) Is authorized and empowered to apply for and accept grants
or loans of money or other property from any federal agency for any
and all of the purposes authorized in this chapter, and to expend or use
the same in accordance with the directions and requirements attached
thereto or imposed thereon by any such federal agency;

(f1) Is authorized and empowered to issue periodicals and to carry
and charge for advertising therein ;

(f2) Is authorized to establish and maintain branch offices within
and without the State and the United States;

(f3) Is authorized, subject to the provisions of Chapter 10 of Title
2.1 (§§ 2.1-110 et seq.) of the Code of Virginia, to employ, fix and pay
compensation of employees within and without the State and the United
States without regard to whether such employees are citizens of the
United States;

(f4) Is authorized to issue revenue bonds for the acquisition, con-
struction, reconstruction or control of harbors, seaports and facilities
used in connection therewith ;

(zg) Is vested with power to adopt, alter or repeal its own by-laws,
rules and regulations governing the manner in which its business may be
transacted and in which the power granted to it may be enjoyed, and
may provide for the appointment of such committees, and the functions
thereof. as the Authority may deem necessary or expedient in facilitating
its business; and

(h) Is authorized and empowered to do any and all other acts and
things in this chapter authorized or required to be done, whether or not
included in the general powers in this section mentioned.

62.1-136. Power of eminent domain.—The Authority is hereby
vested with the power of eminent domain to acquire property or any
interest therein, however held, but not property of the State or its agencies,
and may exercise the same for the purposes set forth in § 62.1-135 in
the manner and to the extent set forth in, and subject to the provisions
of, Title 25 of the Code of Virginia; provided that the Authority shall
have no power to condemn any property belonging to any other political
subdivision of the Commonwealth, or to any common carrier, or public
utility or other public service corporation which is being devoted to public
use or service. Whether property is being devoted to public use or service
in the case of a public service corporation, common carrier, or public
utility, shall be decided by the State Corporation Commission in a pro-
ceeding under § 25-233; and in the case of a political subdivision shall be
decided by the court in which the proceeding is brought.

§ 62.1-137. Acquisition, construction, etc., of port facilities, lease
of such facilities——The Authority is further authorized to acquire, con-
struct, equip, develop, improve and finance any port facility, as such
term is defined in § 62.1-145, for the purpose of leasing such port
facility to, or causing such port facility to be operated and maintained
by, counties, cities and towns upon terms and conditions and under con-
tracts of such duration as may be mutually agreeable to the Authority
and the respective county, city or town; and counties, cities and towns,
notwithstanding any provision to the contrary in this chapter or any
other law, are empowered to lease from the Authority, to operate and
maintain or cause to be operated and maintained, and to sublease, any
port facility, and to enter into such lease and other agreements and agree
to pay such rent and provide such funds as they may deem necessary
or desirable.

§ 62.1-138. Powers of State Corporation Commission not affected.—
Nothing contained in this chapter shall be construed as affecting the pow-
ers and duties now conferred by law upon the State Corporation Com-
mission.

§ 62.1-139. Forms of accounts and records.—The accounts and rec-
ords of the Authority showing the receipt and disbursement of funds
from whatever source derived, shall be in such form as the Auditor of
Public Accounts prescribes; provided that such accounts shall correspond
as nearly as possible to the accounts and records for such matters main-
tained bv corporate enterprises. ,

§ 62.1-140. Definitions; bond resolution; form and requisites of
bonds; sale and disposition of proceeds; temporary bonds.—(A) As used
in this section and in §§ 62.1-141 through 62.1-146, the words “port facil-
ity” shall mean harbors, seaports and all facilities used in connection
therewith and shall include all those faciilties named in §§ 62.1-134 (b),
62.1-135 (b) and 62.1-135 (c).

The word “cost” as used in this chapter shall embrace the cost of
construction, the cost of the acquisition of all land, rights of way, property,
rights, easements and interests acquired by the Authority for such con-
struction, the cost of all machinery and equipment, financing charges,
interest prior to and during construction and, if deemed advisable by the
Authority, for one year after completion of construction, engineering and
legal expenses, cost of plans, specifications, surveys and estimates of cost
and of revenues, other expenses necessary or incident to determining the
feasibility or practicability of constructing any port facility, administra-
tive expense, the creation of a working capital fund for placing the port
facility in operation, and such other expense as may be necessary or
incident to the construction of such port facility, the financing of such
construction and the placing of the same in operation.

(B) The Authority is hereby authorized to provide by resolution for
the issuance, at one time or from time to time, of revenue bonds of the
Authority for the purpose of paying all or any part of the cost of any
Authority project for the acquisition, construction, reconstruction or con-
trol of port facilities or of any portion or portions thereof. The principal
of and the interest on such bonds shall be payable solely from the funds
herein provided for such payment. The bonds of each issue shall be dated,
shall bear interest at such rate or rates not exceeding six per centum per
annum, shall mature at such time or times not exceeding forty years from
their date or dates, as may be determined by the Authority, and may be
made redeemable before maturity, at the option of the Authority, at such
price or prices and under such terms and conditions as may be fixed by
the Authority prior to the issuance of the bonds. The Authority shall
determine the form of the bonds, including any interest coupons to be
attached thereto, and shall fix the denomination or denominations of the
bonds and the place or places of payment of principal and interest, which
may be at any bank or trust company within or without the Common-
wealth. The bonds shall be signed by the Executive Director of the Au-
thority or shall bear his facsimile signature, and the official seal of the
Authority or a facsimile thereof shall be impressed or imprinted thereon
and attested by the secretary of the Authority, and any coupons attached
thereto shall bear the facsimile signature of the Executive Director of
the Authority. In case any officer whose signature or a facsimile of
whose signature shall appear on any bonds or coupons shall cease to be
such officer before the delivery of such bonds, such signature or such
facsimile shall nevertheless be valid and sufficient for all purposes the
same as if he had remained in office until such delivery. All bonds issued
under the provisions of this chapter shall have and are hereby declared
to have all the qualities and incidents of negotiable instruments under
the Negotiable Instruments Law of the Commonwealth. The bonds may
be issued in coupon or in registered form, or both, as the Authority
may determine, and provision may be made for the registration of any
coupon bonds as to principal alone and also as to both principal and
interest, for the reconversion into coupon bonds of any bonds registered
as to both principal and interest, and for the interchange of registered
and coupon bonds. The Authority may sell such bonds in such manner,
either at public or private sale, and for such price, as it may determine
will best effect the purposes of this chapter.

The proceeds of the bonds of each issue shall be used solely for the
payment of the cost of acquisition, construction, reconstruction and con-
trol of port facilities or the portion thereof for which such bonds shall
have been issued, and shall be disbursed in such manner and under such
restrictions, if any, as the Authority may provide in the resolution au-
thorizing the issuance of such bonds or in the trust agreement herein-
after mentioned securing the same. If the proceeds of the bonds of any
issue, by error of estimates or otherwise, shall be less than such cost,
additional bonds may in like manner be issued to provide the amount of
such deficit, and unless otherwise provided in the resolution authorizing
the issuance of such bonds or in the trust agreement securing the same,
shall be deemed to be of the same issue and shall be entitled to payment
from the same fund without preference or priority of the bonds first
issued. If the proceeds of the bonds of any issue shall exceed such cost, the
surplus shall be deposited to the credit of the sinking fund for such bonds,
or, if such bonds shall have been issued for paying the cost of a portion
of the project, such surplus may be applied to the payment of the cost of
any remaining portion of the project.

Prior to the preparation of definitive bonds, the Authority may, under
like restrictions, issue interim receipts or temporary bonds, with or with-
out coupons, exchangeable for definitive bonds when such bonds shall
have been executed and are available for delivery. The Authority may also
provide for the replacement of any bonds which shall become mutilated
or shall be destroyed or lost. Bonds may be issued under the provisions
of this chapter without obtaining the consent of any department, di-
vision, commission, board, bureau or agency of the Commonwealth, and
without any other proceedings or the happening of any other conditions
or things than those proceedings, conditions or things which are specifi-
cally required by this chapter.

§ 62.1-141. Trust agreement securing bonds; provisions of agree-
ment or bond resolution; depository of proceeds or revenues; expenses.—
In the discretion of the Authority any bonds issued under the provisions
of this chapter may be secured by a trust agreement by and between
the Authority and a corporate trustee, which may be any trust company
or bank having the powers of a trust company within or without the Com-
monwealth. Such trust agreement or the resolution providing for the
issuance of such bonds may pledge or assign the revenues to be received,
but shall not convey or mortgage the port facilities or any part thereof.
Such trust agreement or resolution providing for the issuance of such
bonds may contain such provisions for protecting and enforcing the rights
and remedies of the bondholders as may be reasonable and proper and not
in violation of law, including covenants setting forth the duties of the
Authority in relation to the acquisition of property and the construction,
improvement, maintenance, repair, operation and insurance of the port
facilities or the portion thereof in connection with which such bonds shall
have been authorized, the rates to be charged, the custody, safeguarding
and application of all moneys, and conditions or limitations with respect
to the issuance of additional bonds. It shall be lawful for any bank or trust
company incorporated under the laws of the Commonwealth which may
act as depository of the proceeds of bonds or of revenues to furnish such
indemnifying bonds or to pledge such securities as may be required by
the Authority. Any such trust agreement may set forth the rights and
remedies of the bondholders and of the trustee, and may restrict the
individual right of action by bondholders. In addition to the foregoing,
any such trust agreement or resolution may contain such other provisions
as the Authority may deem reasonable and proper for the security of the
bondholders. All expenses incurred in carrying out the provisions of such
trust agreement or resolution may be treated as a part of the cost of the
operation of the port facilities or portion thereof.

§ 62.1-142. Charges for use of port facilities; sinking fund created
from revenues for payment of bonds.—The Authority is hereby author-
ized to fix and revise charges for the use of the port facilities under its
control and the different parts or sections thereof, and to contract with
any person, partnership, association or corporation desiring the use of
any part thereof, and to fix the terms, conditions, rents and rates of
charges for such use. Such charges shall be so fixed and adjusted in respect
of the aggregate of charges from the port facility or the portion or por-
tions thereof in connection with which bonds shall have been issued
under the provisions of this chapter as to provide a fund sufficient with
other revenues, if any, to pay (a) the cost of maintaining, repairing and
operating such port facility or portion or portions and (b) the principal of
and the interest on such bonds as the same shall become due and payable,
and to create reserves for such purposes. Such charges shall not be subject
to supervision or regulation by any commission, board, bureau or agency
of the Commonwealth or of any municipality, county or other political
subdivision of the Commonwealth. The charges and all other revenues
derived from the port facility or portion or portions in connection with
which such bonds shall have been issued except such part thereof as may
be necessary to pay such cost of maintenance, repair and operation and
to provide such reserves therefor as may be provided for in the resolution
authorizing the issuance of such bonds or in the trust agreement secur-
ing the same, shall be set aside at such regular intervals as may be pro-
vided in such resolution or such trust agreement in a sinking fund which
is hereby pledged to, and charged with, the payment of the principal of
and the interest on such bonds as the same shall become due, and the
redemption price or the purchase price of bonds retired by call or pur-
chase as therein provided. Such pledge shall be valid and binding from
the time when the pledge is made; the charges and other revenues or
other moneys so pledged and thereafter received by the Authority shall
immediately be subject to the lien of such pledge without any physical
delivery thereof or further act, and the lien of any such pledge shall be
valid and binding as against all parties having claims of any kind in
tort, contract or otherwise against the Authority, irrespective of whether
such parties have notice thereof. Neither the resolution nor any trust
agreement by which a pledge is created need be filed or recorded except
in the records of the Authority. The use and disposition of moneys to the
credit of such sinking fund shall be subject to the provisions of the resolu-
tion authorizing the issuance of such bonds or of such trust agreement.
Except as may otherwise be provided in such resolution or such trust
agreement, such sinking fund shall be a fund for all such bonds without
distinction or priority of one over another. In addition to all other powers
granted to the Authority by this chapter, the Authority is hereby au-
thorized to pledge to the payment of the principal of and the interest on
any bonds under the provisions of this chapter any monies received or to
be received by it under any appropriation made to it by the General
Assembly, unless the appropriation is restricted by the General Assembly
to specific purposes of the Authority or such pledge is prohibited by
the law making such appropriations; provided, however, that nothing
herein shall be construed to obligate the General Assembly to make any
such appropriation.

§ 62.1-143. Proceeds of bonds and revenues held in trust for certain
purposes.—All moneys received pursuant to the provisions of this chapter,
whether as proceeds from the sale of bonds or as revenues, shall be
deemed to be trust funds to be held and applied solely as provided in
this chapter. The Authority shall, in the resolution authorizing the bonds
or in the trust agreement securing such bonds, provide for the payment
of the proceeds of the sale of the bonds and the revenues to be received
to a trustee, which shall be any trust company or bank having the powers
of a trust company within or without the Commonwealth, who shall act
as trustee of the funds, and hold and apply the same to the purposes
of this chapter, subject to such regulations as this chapter and such resolu-
tion or trust agreement may provide. The trustee may invest and re-
invest such funds pending their need for the construction of the project
in securities that are legal investments under the laws of the Common-
wealth for funds held by fiduciaries.

§ 62.1-144. Remedies of bondholders and trustee.—Any holder of
bonds, notes, certificates or other evidences of borrowing issued under
the provisions of this chapter or of any of the coupons appertaining
thereto, and the trustee under any trust agreement, except to the extent
the rights herein given may be restricted by such trust agreement, may
either at law or in equity, by suit, action, injunction, mandamus or
other proceedings, protect and enforce any and all rights under the laws
of the Commonwealth or granted by this chapter or under such trust
agreement or the resolution authorizing the issuance of such bonds, notes
or certificates and may enforce and compel the performance of all duties
required by this chapter or by such agreement or resolution to be per-
formed by the Authority or by any officer or agent thereof, including
the fixing of charges and collection of the same.

§ 62.1-145. Exercise of powers constitutes governmental func-
tions; exemption from taxation.—The exercise of the powers granted by
this chapter shall be in all respects for the benefit of the inhabitant of
the Commonwealth, for the increase of their commerce, and for the pro-
motion of their safety, health, welfare, convenience and prosperity, and
as the operation and maintenance of the project by the Authority will
constitute the performance of essential governmental functions, the Au-
thority shall not be required to pay any taxes or assessments upon the
project or any property acquired or used by the Authority under the pro-
visions of this chapter or upon the income therefrom; and the bonds,
notes, certificates or other evidences of debt issued under the provisions
of this chapter, their transfer and the income therefrom including any
profit made on the sale thereof, shall at all times be free and exempt from
taxation by the Commonwealth and by any municipality, county or other
political subdivision thereof.

62.1-146. Bonds as legal investments.—Bonds issued by the Au-
thority under the provisions of this chapter are hereby made securities
in which all public officers and public bodies of the Commonwealth and
its political subdivisions, all insurance companies, trust companies, bank-
ing associations, investment companies, executors, administrators, trust-
ees and other fiduciaries may properly and legally invest funds, including
capital in their control or belonging to them. Such bonds are hereby
made securities which may properly and legally be deposited with and re-
ceived by any State or municipal officer or any agency or political sub-
division of the Commonwealth for any purpose for which the deposit
of bonds or obligations is now or may hereafter be authorized by law.

§ 62.1-147. Bonds not debt or pledge of credit of Commonwealth
or political subdivision.—Revenue bonds issued under the provisions of
this chapter shall not be deemed to constitute a debt of the Commonwealth
or of any political subdivision thereof or a pledge of the faith and credit
of the Commonwealth or of any such political subdivision, but shall be
payable solely from the funds provided therefor from revenues. All such
revenue bonds shall contain on the face thereof a statement to the effect
that neither the Commonwealth nor the Authority shall be obligated
to pay the same or the interest thereon except from revenues of the
port facility and that neither the faith and credit nor the taxing power
of the Commonwealth or of any political subdivision thereof is pledged
to the payment of the principal of or the interest on such bonds.

All expenses incurred in carrying out the provisions of this chapter
shall be payable solely from funds provided under the authority of this
chapter and no liability or obligation shall be incurred by the Authority
nereunder beyond the extent to which moneys shall have been provided
under the provisions of this chapter.
FEDERAL WATER RESOURCES DEVELOPMENT PROJECTS

§ 62.1-148. Resolutions and ordinances assuring local cooperation.-
The governing body of any county, city or town is authorized to ado}
such resolutions and/or ordinances as may be required giving its assw
ances to the Secretary of the Army or the Chief of Engineers of th
United States Army for the fulfillment of the required items of loc:
cooperation as expressed in Acts of Congress and/or congressional doct
ments, as conditions precedent to the accomplishment of river and harbo
and flood control projects of the United States, when it shall appear, an
is determined, by such local governing body that any such project wil
accrue to the general or special benefit of such county, city or town
In each case where the subject of such local cooperation requirement:
comes before a governing body a copy of its final action, whether it be
favorable or unfavorable, will be sent to the Commissioner of Water Re.
sources for the information of the Governor.

§ 62.1-149. Items of cooperation to which localities may bind them.
selves.—Such resolutions and ordinances may irrevocably bind such
county, city or town:

(1) To provide, free of cost to the United States the fee simple title
to lands, perpetual and/or temporary easements, rights-of-way and any
other interest in lands for cut-off bends, the laying of pipe lines, erection
of dikes, sluiceways, spillways, dams, drains, deposit of dredged materials,
and for other purposes;

(2) To alter existing structures on such areas;

(8) To simultaneously dredge designated areas not covered by the
federal project when and where required ;

To construct and maintain public wharves and public roads
leading thereto;

(5) To make contributions in money or property in lieu of provid-
ing disposal areas for dredged materials;

(6) To hold the United States safe and harmless against claims
for damages arising out of the project or work incident thereto ;

To remove sewer pipes and submarine cables;
P (8) To construct and maintain marine railways for the public use;
an

(9) To provide or satisfy any other items or conditions of local co-
operation as stipulated in the congressional document covering the par-
ticular project involved.

This section shall not be interpreted as limiting but as descriptive
of the items of local cooperation, the accomplishment of which counties,
cities and towns are herein authorized to irrevocably bind themselves;
it being intended to authorize counties, cities and towns to comply fully
and completely with all of the items of local cooperation as contemplated
by Congress and as stipulated in the congressional acts or documents
concerned.

§ 62.1-150. Acquisition of lands.—For the purpose of complying
with the terms of local cooperation as specified in this chapter and as
stipulated in the congressional document covering the particular project
involved, any city or town may acquire the necessary lands, or interest
in lands, by lease, purchase, gift or condemnation, whether such lands
are within or without the corporate limits of such city or town, and any
county may acquire such lands by lease, purchase, gift or condemnation.

Provided, however, that the provisions of § 25-233, as now or here-
after in effect, shall apply to any property belonging to any corporation
possessing the power of eminent domain which may be sought to be
taken by condemnation hereunder.
§ 62.1-151. Ratification of former resolutions and ordinances.—All
resolutions and ordinances adopted prior to March sixteenth, nineteen
hundred forty-eight, by cities, counties and towns in furtherance of local
cooperation projects of the United States for river and harbor im-
provement and for flood control and their acts in pursuance thereof are
hereby ratified and affirmed as if accomplished under the authority of
this chapter.

§ 62.1-152. Liberal construction.—This chapter shall be liberally
construed as in aid of projects of the United States for the improvements
of rivers and harbors and for flood control and in furtherance of and not
in limitation of powers now conferred by law on counties, cities and
towns.

CHAPTER 12.
VIRGINIA BEACH EROSION COMMISSION.

§ 62.1-153. Creation of Commission; members, officers and agents;
quorum.—A Commission is hereby created for the city of Virginia Beach
to be known as the Virginia Beach Erosion Commission which is to be
composed of five members to be appointed by the Governor. All the said
members of the Commission shall be citizens of the city of Virginia Beach.
Two members of the said Commission shall be appointed for a term of
two years and three members of the said Commission shall be appointed
for a term of four years. Upon the expiration of the term of the members
appointed for two years, their successors shall be appointed for a term of
four years. The said Commission shall be a body corporate invested with
the rights, powers and authority and charged with the duties set forth in
this chapter. The Commission may elect one of its members as chairman
and may appoint such officers and agents as it may require. A majority of
the members of the Commission shall constitute a quorum.

§ 62.1-154. Powers, functions and duties.—The Virginia Beach Ero-
sion Commission hereby created shall have all the powers necessary and
convenient to carry out the purposes for which it is created, including
the following powers in addition to others herein granted:

(2) To sue and be sued; to have a seal and to alter same at pleasure;
to have perpetual succession; to make and execute instruments necessary
and convenient to the exercise of the powers of the Commission; and to
make and from time to time amend and repeal bylaws, rules and regula-
tions not inconsistent with law to carry out the general purposes of the
Commission.

(b) The general purpose of the Commission hereby created is to
stop, impede or correct erosion along the Atlantic coast in the city of
Virginia Beach, and to this end, the said Commission shall have power
to erect, construct and maintain jetties, groins, sea walls, to pump or other-
wise place sand or any kind of material upon the beach for the purpose
of correcting or controlling erosion; to acquire land, rights of way,
sand, or any kind of material to attain or carry out the objects of the
Commission; to improve, beautify, maintain and preserve the ocean front
in the city of Virginia Beach; and to provide for the construction, re-
construction, improvement, alteration, repair, or replacement of any jetty,
groin, sea wall, sand or other material.

(c) To contact with any person, firm or corporation for the per-
formance of such act or acts necessary to carry out the purposes for
which the Commission is created.

(d) The council of the city may appropriate such funds to the said
Commission as it deems necessary to carry out the purposes for which
this Commission is created.

(e) The Commission may accept and expend to carry out the pur-
poses of this chapter any gift, grant or donation from any public or private
source.
§ 62.1-155. Cooperation by cities on navigable streams with United
States.—The cities in the Commonwealth situated on navigable streams
shall have the power to cooperate with the United States of America in the
improvement of the navigability of such streams involving the deepening,
widening and straightening the channel thereof and making provision for
turning basins at terminals and mooring areas thereon.

§ 62.1-156. Power of cities to give assurances to United States.—In
order to execute the purposes and objectives declared in § 62.1-155, the
cities therein defined shall have the power to give assurances to the United
States of America that they will:

1. Furnish or cause to be furnished free of cost to the United States,
when and as required by its duly authorized representatives, lands, ease-
ments and rights-of-way and spoil or dredged material disposal areas, un-
restricted in disposal elevations, for the shore disposal of material to be
initially dredged and for future maintenance of such improvements within
and without such cities;

2. Furnish or cause to be furnished, when and as so required, permits
or easements for ingress to and egress from highways to such shore dis-
posal areas, and permits or easements to construct pipeline trestles across
oyster and clamming grounds and to lay dredge pipelines across lands
adjacent to such shore disposal areas within and without such cities;

3. Subject to all applicable laws, secure such releases or permits,
either or both, as may be required, holding and saving the United States,
its contractors and assigns free from any and all claims for damages to
public or privately owned oyster and clamming grounds resulting or attri-
butable to the accomplishment of the initial dredging or subsequent main-
tenance of such improvements, either or both;

4. Secure such releases or permits, either or both, as may be so
required, holding and saving the United States, its contractors and assigns
free from any and all claims (a) for damages resulting from any change
in the natural course of such rivers, (b) for damages resulting from blast-
ing operations in the removal of rock or changes in ground water levels,
and (c) for costs resulting from provision and operation of any bridges
or ferries that may be necessary for furnishing connection between the
mainland and any islands created by channel cutoffs;

5. Relocate or cause to be relocated, at no cost to the United States,
when necessary, roads, bridges, waterfront structures, sewerage, water
supply, storm drainage, electric power, and other utility facilities within
and without such cities, except those which the United States has thereto-
fore permitted to be constructed in, under or over such rivers;

6. Construct, maintain, expand and operate such terminal facilities
within such cities which may be required to accommodate prospective
foreign and domestic commerce expected to develop from the improvement
of the channel of such rivers, the extent of such facilities to be mutually
agreed to by the council of such cities and the duly authorized representa-
tives of the United States; and

7. Contribute funds to the United States necessary to construct,
extend and maintain mooring or berthing areas immediately adjacent to
river terminals of such cities when necessary because of expansion of such
terminal facilities.

§ 62.1-157. Power of cities to bind themselves to perform or execute
assurances.—The cities defined in § 62.1-155 shall have the power to ir-
revocably bind themselves to do any and all things necessary to perform
or execute the assurances authorized to be given pursuant to § 62.1-156
anything in the charters of such cities to the contrary notwithstanding.
§ 62.1-158. Claims for damages to oyster and clamming grounds.—
Claims for damages to oyster and clamming grounds may be asserted in the
courts having jurisdiction in the county or city in which such damages
occur.

CHAPTER 14.
FOREIGN TRADE ZONES.

§ 62.1-159. “Public corporation” defined.—The term “public cor-
poration’, for the purposes of this chapter, means the State of Virginia or
any political subdivision thereof or any incorporated municipality therein
or any public agency of this State or of any political subdivision thereof
or of any municipality therein, or any corporate municipal instrumentality
of this State or of this State and one or more other states.

62.1-160. Application by public corporation to establish and
operate zone.—Any public corporation of the State, as that term is defined
in the preceding section, is authorized to make application for the privilege
of establishing, operating and maintaining a foreign-trade zone in ac-
cordance with an Act of Congress approved June eighteen, nineteen
hundred thirty-four, entitled “An act to provide for the establishment,
operation, and maintenance of foreign-trade zones on ports of entry of the
United States, to expedite and encourage foreign commerce, and for other
purposes’, published in volume forty-eight of United States statutes at
large, chapter five hundred and ninety.

§ 62.1-161. Application by private corporation.—Any private cor-
poration hereafter organized under the laws of this State for the purpose
of establishing, operating and maintaining a foreign-trade zone in
accordance with the Act of Congress referred to in § 62.1-160 is likewise
authorized to make application for the privilege of establishing, operat-
ing and maintaining a foreign-trade zone in accordance with the Act of
Congress.

§ 62.1-162. Authority to establish and operate zone; conditions and
restrictions of Act of Congress, ete.—Any public or private corporation
authorized by this chapter to make application for the privilege of estab-
lishing, operating and maintaining such foreign-trade zone, whose appli-
cation is granted pursuant to the terms of such Act of Congress is author-
ized to establish a foreign-trade zone and to operate and maintain it, subject
to the conditions and restrictions of the Act of Congress, and any amend-
ments thereto, and under such rules and regulations and for the period
of time that may be prescribed by the board established by the Act of
Congress to carry out the provisions of the Act.

CHAPTER 15.
PORT MANAGEMENT GENERALLY.

§ 62.1-163. Port management.—The governing body of any city
having a port may, at its pleasure, create such agencies, appoint such
agents and employ such persons as may be required for the orderly and
effective management of such port and its harbor; but nothing herein
shall be construed to repeal or amend any prior act of the General Assembly
creating or authorizing the creation of any port authority, port and indus-
trial authority, port commission or port and industrial commission or the
provisions of any municipal charter. The Circuit Court of the county of
Northumberland shall appoint such an agent for the port of Reedville.
The appointing authority may prescribe for such agents and agencies
such terms of office, titles, authority, duties, fees and compensation not
inconsistent with law as it may deem appropriate, and may require from
each person so appointed a fidelity bond in favor of the Commonwealth. All
controversies arising between or among agents, agencies, authorities or
commissions of two or more ports shall be referred to the Virginia State
Ports Authority, which authority shall, under such rules and regulations
not inconsistent with law as it shall promulgate, resolve every such
controversy in the best interests of the Commonwealth as a whole; but
any party thereto shall have a right of appeal to the Supreme Court of
Appeals in the same manner and under the same rules as appeals are taken
from orders of the State Corporation Commission.

CHAPTER 16.
WHARVES, DOCKS, PIERS AND BULKHEADS.

§ 62.1-164. Erection and abatement of wharves, piers and bulk-
heads.— Any person owning land upon a watercourse may erect a wharf
on the same, or pier or bulkhead, in such watercourse opposite his land;
provided, navigation be not obstructed, nor the private rights of any person
be otherwise injured thereby. The circuit court of the county in which such
wharf, pier or bulkhead is, after causing ten days’ notice to be given to
the owner thereof, of its intention to consider the subject, if it be satisfied
that such wharf, pier or bulkhead obstructs the navigation of the water-
course, or 80 encroaches on any public landing as to prevent the free use
thereof, may abate the same.

§ 62.1-165. Erection of wharves at county landings.—Any person
desiring the privilege of erecting a wharf at or on any county landing may,
after giving notice of his intention by advertising such notice at some
public place near the landing, and also at the front door of the courthouse
of such county, on the first day of a term of the circuit court of the
county, present to the court at its next term a petition for such privilege.
The court may determine the same, and may, in its discretion, grant such
privilege and fix such rates and charges upon such conditions and limita-
tions as to it may seem fit. The court, at any subsequent term, may, if
it think proper, revoke such privilege, or alter such conditions or limita-
tions, or regulate the rates and charges. This section shall not be construed
to authorize a circuit court of the county to grant the privilege of erecting
a wharf within a city.

CHAPTER 17.

MOTORBOATS AND WATER SAFETY.

§ 62.1-166. Declaration of policy.—It is the policy of this State to
promote safety for persons and property in and connected with the use,
operation, and equipment of vessels, and to promote uniformity to laws
relating thereto.

: 62.1-167. Definitions.—As used in this chapter, unless the context
clearly requires a different meaning:

(1) “Vessel” means every description of watercraft, other than a
seaplane on the water, used or capable of being used as a means of trans-
portation on water.

(2) “Motorboat” means any vessel propelled by machinery whether
or not such machinery is the principal course of propulsion.

“Owner” means a person, other than a lien holder, having the
property in or title to a motorboat. The term includes a person entitled to
the use or possession of a motorboat subject to an interest in another per-
son, reserved or created by agreement and securing payment or perform-
ance of an obligation, but the term excludes a lessee under a lease not
intended as security.

(4) “Waters of this State’ means any public waters within the
territorial limits of this State, and the marginal sea adjacent to this State
and the high seas when navigated as a part of a journey or ride to or from
the shore of this State.

(5) “Person” means an individual, partnership, firm, corporation,
association, or other entity.

(6) “Operate” means to navigate or otherwise use a motorboat or
a vessel.
(7) “Commission” means the Commission of Game and Inland
Fisheries.

§ 62.1-168. Commission of Game and Inland Fisheries to ad-
minister chapter; Motorboat Committee; funds for administration.—(a)
It shall be the duty of the Commission of Game and Inland Fisheries to
enforce and administer the provisions of this chapter.

(b) The chairman of the Commission shall designate from among the
members of the Commission three members who shall serve as the Motor-
boat Committee of the Commission, and who shall, in their activities with
the Commission, place special emphasis on the administration and enforce-
ment of this chapter.

(c) All expenses required for administration and enforcement of this
chapter shall be paid from the funds collected pursuant to the numbering
provisions of this chapter, provided, however, that the Commission is
hereby authorized, subject to the approval of the Governor, to use funds
from the cash balance of the game protection fund in an amount not to
exceed one hundred thousand dollars, to be used for initiating the provi-
sions of this chapter and to be refunded as soon as practicable, but within
a period not to exceed four years, from the funds collected pursuant to the
numbering provisions of this chapter. All moneys collected pursuant to
the numbering provisions of this chapter shall be deposited into the State
treasury and credited to a special fund known as the Game Protection
Fund, and accounted for as a separate part thereof. Such moneys shall
be made available to the Commission for the administration and enforce-
ment of this chapter as herein provided, and for educational activities re-
lating to boating safety and for other activities and purposes of direct
benefit to the boating public and for no other purpose. All moneys
collected pursuant to the numbering provisions of this chapter and moneys
otherwise provided for in this chapter shall be made available to carry out
the intent and purposes as set forth herein in accordance with plans
approved by the Commission and all such funds are hereby appropriated,
reserved, set aside and made available until expended for the enforce-
ment, administration and other provisions of this chapter, provided that
the Commission is hereby authorized to adopt a plan or formula for the
use of said moneys for employing and equipping such additional personnel
as may be necessary for carrying out the provisions of this chapter and for
paying a proportionate share of the salaries, expense, and operational costs
of existing personnel according to the time and effort expended by them in
carrying out the provisions of this chapter. Such plan or formula may be
altered or amended from time to time by the Commission as existing con-
ditions may warrant. No funds derived from the sale of hunting licenses
or fishing licenses shall be expended or diverted for carrying out the pro-
visions of this chapter.

§ 62.1-169. Identification numbers required.—Every motorboat on
the waters of this State shall be numbered except those specifically exempt
in § 62.1-173. No person shall operate or give permission for the operation
of any motorboat on such waters unless the motorboat is numbered in
accordance with this chapter, or in accordance with applicable federal
law, or in accordance with a federally approved numbering system of
another state, and unless (1) the certificate of number awarded to such
motorboat is in full force and effect, and (2) the identifying number set
forth in the certificate of number is displayed on each side of the bow of
such motorboat.

§ 62.1-170. Application for numbers; fee; renewal of certificate;
displaying; reciprocity; change of ownership; loss of certificate; presump-
tion from possession of certificate; conformity with United States regula-
tions; award of certificates; records; transfer of interest, abandonment,
etc.; change of address; unauthorized numbers; dealers’ and manufac-
turers’ certificates and numbers.—(a) The owner of each motorbo.
requiring numbering by this State shall file an application for number wit
the Commission on forms approved by it. The application shall be signe
by the owner, or his agent, of the motorboat and shall be accompanied b
a fee of five dollars. Upon receipt of the application in approved form th
Commission shall have the same entered upon the records of its office an
issue to the applicant a certificate of number stating the number awarde
to the motorboat and the name and address of the owner. Any certificat
issued after December thirty-first, nineteen hundred sixty-three
accordance with this chapter shall be issued to expire three years fron
the first day of the month in which issued, and may thereafter upon prope
application and payment of fee, in the discretion of the Commission, bs
renewed. The owner shall paint on or attach to each side of the bow of the
motorboat the identification number in such manner as may be prescribe
by rules and regulations of the Commission in order that it may be clearly
visible. The number shall be maintained in legible condition. The certifi-
cate of number shall be pocket-size and shall be available at all times for
inspection on the motorboat for which issued, whenever such motorboat
is in operation.

The Commission is authorized and empowered to cancel and recall any
certificate of number issued by the Commission when it appears proper
payment has not been made for such certificate of number or when any
such certificate has been improperly or erroneously issued.

(b) The owner of any motorboat already covered by a number in full
force and effect which has been awarded to it pursuant to then operative
federal law or a federally approved numbering system of another state shall
record the number prior to operating the motorboat on the waters of this
State in excess of the ninety-day reciprocity period provided for in
§ 62.1-173 (1). Such recordation shall be in the manner and pursuant
to the procedure required for the award of a number under subsection
(a) of this section, except that no additional or substitute number shall
be issued.

(c) Should the ownership of a numbered motorboat change, a new
application form with appropriate fee as provided in subsection (a) of this
section shall be filed with the Commission and a new certificate bearing the
same number shall be awarded in the manner as provided for in an original
award of number. In case a certificate should become lost a new certificate
bearing the same number shall be issued upon payment of a fee of fifty
cents. Possession of the certificate shall in cases involving prosecution for
violation of any provision of this chapter be prima facie evidence that the
person whose name appears thereon is the owner of the boat referred to
therein.

(d) In the event that an agency of the United States government shall
have in force an over-all system of identification numbering for motorboats
within the United States, the numbering system employed pursuant to this
chapter by the Commission shall be in conformity therewith.

(e) The Commission may award any certificate of number directly
or may authorize any person to act as agent for the awarding thereof. In
the event that a person accepts such authorization, he may be assigned a
block of numbers and certificates therefor which upon award, in conformity
with this chapter and with any rules and regulations of the Commission,
shall be valid as if awarded directly by the Commission.

(f) All records of the Commission made or kept pursuant to this
section shall be public records but shall be open for inspection subject to
such conditions as the Commission may prescribe. The Commission shall
furnish, without cost, the annual lists of boat registrations, as of January
one of each year to the commissioners of revenue, of each county or city,
except that the Commission shall not send such lists to any commissioner
who requests that he not receive such lists.

(x) Every certificate of number awarded pursuant to this chapter
shall continue in full force and effect for the period that it is valid unless
sooner terminated or discontinued in accordance with the provisions of
this chapter.

(i) The owner shall furnish the Commission notice of the transfer of
all or any part of his interest other than the creation of a security interest
in a motorboat numbered in this State pursuant to subsections (a) and (b)
of this section or of the destruction or abandonment of such motorboat,
within fifteen days thereof. Such transfer, destruction, or abandonment
shall terminate the certificate of number for such motorboat except that,
in the case of a transfer of a part interest which does not affect the
owner’s right to operate such motorboat, such transfer shall not terminate
the certificate of number.

(j) Any holder of a certificate of number shall notify the Commission
within fifteen days if his address no longer conforms to the address
appearing on the certificate, and shall, as a part of such notification,
furnish the Commission his new address.

The Commission may provide in its rules and regulations for the
surrender of the certificate bearing the former address and its replacement
with a certificate bearing the new address or for the alteration of an
outstanding certificate to show the new address of the holder.

(k) No number other than the number awarded to a motorboat or
granted reciprocity pursuant to this chapter shall be painted, attached,
or otherwise displayed on either side of the bow of such motorboat.

(1) Dealers and manufacturers.

(1) The registering numbering requirements of this chapter shall
apply to dealers and manufacturers of motorboats.

(2) Applications for certificates of number shall be made on the
approved application form prescribed in this chapter. Dealers and manu-
— shall certify that they are dealers or manufacturers, as the case
may be.

(3) Applications shall be accompanied by a fee of fifteen dollars for
dealers and twenty-five dollars for manufacturers, by check or money
order, and shall be forwarded to the Commission.

(4) Upon receipt by the Commission of a properly completed appli-
cation and fee, it shall issue to the applicant a dealer’s or manufacturer’s
certificate of number as appropriate, which may be used in connection with
the operation of any motorboat in the possession of such dealer or
manufacturer, when the boat is being used for demonstration purposes.

(5) Additional dealer’s or manufacturer’s certificates of number may
be obtained by making application in the same manner as prescribed for
the initial certificate with payment of an additional fee of eight dollars
for each additional certificate.

(6) Manufacturers or dealers may have the number or numbers
awarded to them printed upon or attached to a removable sign or signs to
be temporarily but firmly mounted upon or attached to the boat being
demonstrated, so long as the display meets the requirements of this
chapter.

§ 62.1-171. Authorization for and placing of markers in waters of
the State used for public swimming areas.—(a) Any individual owning
real estate which touches any of the waters of this State or the agent of
such individual may petition the Commission to authorize the placing of
markers approved by the Commission around a public swimming or bath-
ing area.

(b) The Commission, upon receiving such petition and sufficient proof
and such other information as the Commission requires that the water
adjacent to such real estate is used in whole or in part as a public swimming
or bathing area, may authorize the placement of such markers as are
necessary to designate the area as a swimming or bathing area.

(c) The cost of the purchase and placement of such markers shall be
borne by the individual requesting the placement of such markers.

§ 62.1-172. Classification and required lights and equipment; rules
and regulations.—(a) Motorboats subject to the provisions of this chapter
shall be divided into four classes as follows:

(1) Class A. Less than sixteen feet in length.
| (2) Class 1. Sixteen feet or over and less than twenty-six feet in
ength.

, ote Class 2. Twenty-six feet or over and less than forty feet in
ength.
(4) Class 3. Forty feet or over.

(b) Every motorboat in all weathers from sunset to sunrise shall
carry and exhibit the following lights when under way, and during such
times no other lights which may be mistaken for those prescribed shall
be exhibited:

(1) Motorboats of Class A and Class 1 shall carry a white light aft
to show all around the horizon and shall carry a combined lantern in the
fore part of the vessel and lower than the white light aft, showing green
to starboard and red to port, so fixed as to throw light from the right ahead
to two points abaft the beam on their respective sides.

: nice? Every motorboat of Classes 2 and 3 shall carry the following
ights:

a. A bright white light in the fore part of the vessel as near the
stem as practicable, so constructed as to show an unbroken light over
an arc of the horizon of twenty points of the compass so fixed as to throw
the light ten points on each side of the vessel; namely, from right ahead to
two points abaft the beam on either side.

b. A bright white light aft to show all around the horizon and higher
than the white light forward.

c. On the starboard side a green light so constructed as to show an
unbroken light over an are of the horizon of ten points of the compass,
so fixed as to throw the light from right ahead to two points abaft the
beam on the starboard side. On the port side a red light so constructed
as to show an unbroken light over an arc of the horizon of ten points of the
compass, so fixed as to throw the light from right ahead to two points
abaft the beam on the port side. The said side lights shall be fitted with
inboard screens of sufficient height so set as to prevent these lights from
being seen across the bow.

(3) Moturboats of Classes A and 1 when propelled by sail alone shall
carry the combined lantern, but not the white light aft prescribed by this
section. Motorboats of Classes 2 and 3 when so propelled, shall carry the
colored side lights, suitably screened, but not the white lights prescribed
by this section. Motorboats of all classes, when so propelled, shall carry,
ready at hand, a lantern or flashlight showing a white light which shall be
exhibited in sufficient time to avert a collision.

(4) Every white light prescribed by this section shall be of such
character as to be visible at a distance of a least two miles. Every colored
light prescribed by this section shall be of such character as to be visible
at a distance of at least one mile. The word ‘“‘visible’’ in this subsection,
when applied to lights, shall mean “visible” on a dark night with clear
atmosphere.

(5) When propelled by sail and machinery any motorboat shall carry
the lights required by this section for a motorboat propelled by machinery
only.

(c) Any vessel may carry and exhibit, in lieu of lights required by
subsection (b) of this section, such lights as may be specifically authorized
or required by statute or by rules and regulations promulgated by the
Commission.

(d) Every motorboat of Classes 1, 2 or 3 shall be provided with an
efficient whistle or other sound producing mechanical appliance.

(e) Every motorboat of Classes 2 or 3 shall be provided with an
efficient bell.

(f) Every motorboat shall carry at least one life preserver or life belt,
or ring buoy, or other device of the sort perscribed by the regulations of
the Commission for each person on board, so placed as to be readily acces-
sible; provided, that every motorboat carrying passengers for hire shall
carry so placed as to be readily accessible at least one life preserver of the
sort prescribed by the regulations of the Commission for each person on

oard.

(g) Every motorboat shall be provided with such number, size and
type of fire extinguishers, capable of promptly and effectually extinguish-
ing burning gasoline, as may be prescribed by the regulations of the Com-
mission, which fire extinguisher shall be at all times kept in condition for
immediate and effective use and shall be so placed as to be readily acces-
sible.

(h) The provisions of subsections (d), (e), and (g) of this section
shall not apply to motorboats while competing in any race conducted
pursuant to § 62.1-181 or, if such boats be designed and intended solely
for racing, while engaged in such navigation as is incidental to the
tuning up of the boats and engines for the race.

(i) Every motorboat shall have the carburetor or carburetors of
every engine therein (except outboard motors) using gasoline as fuel,
equipped with such efficient flame arrestor, backfire trap, or other similar
device as may be prescribed by the regulations of the Commission.

(j) Every such motorboat and every such vessel, except open boats,
using as fuel any liquid of a volatile nature, shall be provided with such
means aS may be prescribed by the regulations of the Commission for
properly and efficiently ventilating the bilges of the engine and fuel tank
compartments so as to remove any explosive or inflammable gases.

(k) The Commission is hereby authorized to make rules and regula-
tions modifying the requirements contained in this chapter to the extent
necessary to keep these requirements generally in conformity with the pro-
visions of the federal navigation laws, or, with the rules promulgated by
the United States Coast Guard.

(1) No person shall operate or give permission for the operation of
rhe) which is not equipped as required by this section or modification

ereof.

(m) Rowboats, whether under oars or sail, when occupied and in use
in all weathers from sunset to sunrise, when used on any body of salt water
or any river below the fall line of such river, and on any river above the
fall line of such river, pond, lake or body of impounded water, where the
use of power propelled boats is regular and customary, shall have ready at
hand a lantern or flashlight showing a white light which shall be tempo-
rarily exhibited in sufficient time to prevent collision.

§ 62.1-173. Exemption from numbering requirements.—A motor-
boat shall not be required to be numbered under this chapter if it is:

(1) A motorboat which has been awarded a number pursuant to
federal law or a federally approved numbering system of another state:
Provided, that any such boat shall not have been within this State for a
period in excess of ninety consecutive days.

(2) A motorboat from a country other than the United States tem-
porarily using the waters of this State.
(3) A motorboat which is used in a governmental function by the
United States, a state or a subdivision thereof.

(4) Aship’s lifeboat.

(5) A vessel which has a valid marine document issued by the Bureau
of Customs of the United States Government or any federal agency suc-
cessor thereto.

(6) A racing boat used during an authorized race and during a
twenty-four hour period before and after such race.

(7) A motorboat having a total propulsion force as determined by
the manufacturer’s maximum horsepower rating of less than ten horse-
power whether or not such total propulsion force is in use.

; 62.1-174. Boat liveries.—It shall be unlawful for the owner of a
boat livery to rent a motorboat to any person unless the provisions of this
chapter have been complied with. It shall be the duty of owners of boat
liveries to equip all motorboats rented as required by this chapter.

§ 62.1-175. Muffling devices.—The exhaust of every internal com-
bustion engine used on any motorboat shall be effectively muffled by equip-
ment so constructed and used as to muffle the noise of the exhaust in a
reasonable manner. The use of cutouts is prohibited, except for motorboats
competing in a regatta or boat race approved as provided in § 62.1-181,
and for such motorboats while on trial runs, during a period not to exceed
forty-eight hours immediately preceding such regatta or race and for
such motorboats while competing in official trials, for speed records during
a period not to exceed forty-eight hours immediately following such regatta
or race.

§ 62.1-176. Operating boat or manipulating water skis, etc., in reck-
less manner or while intoxicated, etc.—(a) No person shall operate any
motorboat or vessel, or manipulate any skis, surfboard, or similar device
in a reckless or negligent manner so as to endanger the life, limb, or prop-
erty of any person.

b) No person shall operate any motorboat or vessel, or manipulate
any water skis, surfboard or similar device while intoxicated or under the
influence of any narcotic drug, barbiturate, or marijuana.

Any person who shall violate any provision of this section shall be
guilty of a misdemeanor and may be punished as provided by § 18.1-9.

§ 62.1-177. Duty of operator involved in collision, accident or other
casualty; reports inadmissible as evidence.—(a) It shall be the duty of
the operator of a vessel involved in a collision, accident, or other casualty,
so far as he can do so without serious danger to his own vessel, crew, and
passengers (if any), to render persons affected by the collision, accident,
or other casualty such assistance as may be practicable and as may be
necessary in order to save them from or minimize any danger caused by
the collision, accident, or other casualty, and also give his name, address,
and identification of his vessel in writing to any person injured and to the
owner of any property damaged in the collision, accident, or other casualty.

(b) In the case of collision, accident, or other casualty involving a
vessel, the operator thereof, if the collision, accident, or other casualty
results in death or injury to a person or damage to property in excess of one
hundred dollars, shall, within ten days, file with the Commission a full
description of the collision, accident, or other casualty, including such
information as said agency may, by regulation, require. Such report shall
not be admissible as evidence.

(c) Any officer investigating any collision, accident or other casualty
shall have authority, in lieu of arresting any person charged with violating
any of the provisions of this chapter, to issue a written summons to such
person (stating name, address, boat number, offense charged, etc.) to ap-
pear in court as in § 46.1-178.

§ 62.1-178. Furnishing information to agency of United States.—
In accordance with any request duly made by an authorized official or
agency of the United States, any information compiled or otherwise avail-
able to the Commission pursuant to § 62.1-177 (b) shall be transmitted
to said official or agency of the United States.

62.1-179. Water skis, surfboards, etc.—(a) No person shall oper-
ate a vessel on any waters of this State for towing a person or persons
on water skis, or a surfboard, or similar device unless there is in such
vessel a person, in addition to the operator, in a position to observe the
progress of the person or persons being towed or unless the skier or skiers
wear life preservers.

(b) No person shall operate a vessel on any water of this State towing
a person or persons on water skis, a surfboard, or similar device, nor
shall any person engage in water skiing or similar activity at any time
between the hours from one hour after sunset to one hour before sunrise.

(c) The provisions of subsections (a) and (b) of this section do not
apply to a performer engaged in a professional exhibition or a person or
persons engaged in an activity authorized under § 62.1-181.

(d) No person shall operate or manipulate any vessel, tow rope, or
other device by which the direction or location of water skis, a surfboard,
or similar device may be affected or controlled in such a way as to cause
the water skis, surfboard, or similar device, or any person thereon to
collide with any object or person.

62.1-180. Motorboats and skis prohibited in waters of the State
marked for public swimming areas.—No person shall operate a motorboat
or manipulate skis within the area of the waters of this State marked by
the Commission as provided in § 62.1-171 of the Code of Virginia.

§ 62.1-181. Regattas, races, marine parades, tournaments or exhi-
bitions.— (a) The Commission may authorize the holding of regattas,
motorboat, or other boat races, marine parades, tournaments, or exhibi-
tions on any waters of this State. It shall adopt and may, from time to
time, amend regulations concerning the safety of motorboats and other
vessels and persons thereon, either observers or participants. Whenever a
regatta, motorboat, or other boat race, marine parade, tournament, or
exhibition is proposed to be held, the person in charge thereof, shall, at
least thirty days prior thereto, file an application with the Commission
for permission to hold such regatta, motorboat, or other boat race, marine
parade, tournament, or exhibition. The application shall set forth the date,
time and location where it is proposed to hold such regatta, motorboat, or
other boat race, marine parade, tournament, or exhibition, and it shall
not be conducted without authorization of the Commission in writing.

(b) The provisions of this section shall not exempt any person from
compliance with applicable federal law or regulation, but nothing con-
tained herein shall be construed to require the securing of a State permit
pursuant to this section if a permit therefor has been obtained from an
authorized agency of the United States.

§ 62.1-182. Local regulation—(a) Any political subdivision of this
State, may at any time, but only after public notice, make formal appli-
cation to the Commission for special rules and regulations with reference
to the safe and reasonable operation of vessels on any water within its
territorial limits and shall set forth therein the reasons which make such
special rules or regulations necessary or appropriate.

(b) The Commission is hereby authorized upon application by a
political subdivision or its own motion to make special or general rules
and regulations with reference to the safe and reasonable operation of
vessels on any waters within the territorial limits of any political sub-
division of this State; without limiting the generality of the grant of
such power, a system of regulatory or navigation markers may be adopted
by the Commission. Provided that nothing in this section shall be con-
CH. 659] ACTS OF ASSEMBLY 1119

strued to affect the application of any general law concerning the tidal
waters of this State.

(c) Any county, city or town of this State, may at any time, but only
after approval by the Commission, enact ordinances regulating the opera-
tion of vessels on any waters within its territorial limits, and the conduct
and activity of any person using such waters, and may provide for the
enforcement thereof and penalties for the violation thereof, provided said
penalties do not exceed the penalties provided in this chapter for similar
offenses.

§ 62.1-183. Regulations to conform with Chapter 8, Article 1, of Title
29; publication.—All regulations shall conform to Chapter 8, Article 1
(§ 29-125 et seq.), Title 29 of the Code of Virginia and all rules and
regulations shall be published by the Commission in a convenient form.

§ 62.1-184. Enforcement of chapter; vessels displaying coast guard
inspection decal.—Every game warden and every other law enforcement
officer of this State and its subdivisions shall have the authority to enforce
the provisions of this chapter and in the exercise thereof shall have
authority to stop any vessel subject to this chapter; and, after having
identified himself in his official capacity, shall have authority to board and
inspect any vessel subject to this chapter; provided that, except for
enforcement of § 62.1-176, and the requirement of having the registration
certificate on board, the provisions of this section shall not apply to any
vessel of twenty-six feet or more in length on which is displayed a current
valid United States Coast Guard or United States Coast Guard Auxiliary
inspection decal.

§ 62.1-185. Penalties—Any person who violates any provision of
§§ 62.1-169, 62.1-170, 62.1-172, 62.1-174, 62.1-175, 62.1-177, 62.1-179, 62.1-
180, 62.1-181, and 62.1-184 or regulation adopted under this chapter shall
be guilty of a misdemeanor and shall be punished by a fine of not more
than fifty dollars for each such violation.

§ 62.1-186. Operation of watercraft by manufacturers, dealers, etc.—
Notwithstanding any other provisions of this chapter, the Commission
may promulgate such rules and regulations regarding the operation of
watercraft by manufacturers, distributors, dealers, and demonstrators as
the Commission may deem necessary and proper.

CHAPTER 18.
PROTECTION OF AIDS TO NAVIGATION.

§ 62.1-187. Punishment of offenses relating to buoys, beacons or day
—Any person or persons who shall moor any vessel or vessels of any
kind or name whatsoever or any raft or any part of a raft to any buoy,
beacon, or day mark, placed in the waters of Virginia by authority of the
United States or shall in any manner hang on with any vessel or raft or
any part of a raft to any such buoy, beacon, or day mark, or shall wilfully
remove, damage or destroy any such buoy, beacon or day mark, or shall
cut down, remove, damage or destroy any beacon or beacons erected on land
in this State by the authority of the United States or through unavoidable
accident run down, drag from its position, or in any way injure any buoy,
beacon, or day mark as aforesaid and shall fail to give notice as soon as
practicable of having done so to the harbor master or other legal manager
of the port or to the United States Coast Guard within the district in
which such buoy, beacon or day mark may be located, shall for every such
offense be deemed guilty of a misdemeanor, and upon conviction thereof,
shall be punished by a fine not to exceed two hundred dollars or by im-
prisonment not to exceed three months or both; one-third of the fine in
each case shall be paid to the informer and two-thirds thereof to the light-
house board to be used in repairing the buoys and beacons.
Any person having charge of any raft passing any buoy, beacon or day
mark who shall not exercise due diligence in keeping clear of it, or if
unavoidably fouling it shall not exercise due diligence in clearing it
without dragging from it such buoy, beacon or day mark shall be guilty
of a misdemeanor, and upon conviction shall be punished by fine not to
exceed fifty dollars.

§ 62.1-188. Lien for cost of repairing or replacing buoy, beacon or
day mark.—The cost of repairing or replacing any such buoy, beacon, or
day mark which may have been misplaced, damaged, or destroyed by any
vessel or raft whatsoever having been made fast to any such buoy, beacon,
or day mark shall, when the same shall be legally ascertained, be a lien
upon such vessel or raft and may be recovered against such vessel or raft
and the owner or owners thereof in an action of debt in any court of
competent jurisdiction in this state.

§ 62.1-189. Anchoring on range of range lights.—It shall be unlaw-
ful for any vessel to anchor on the range of any range lights established
by the United States unless such anchorage is unavoidable, and the master
of any vessel so anchoring shall be deemed guilty of a misdemeanor, and
upon conviction thereof shall be punished by a fine not to exceed fifty
dollars, one half of the fine in each case to be paid to the informer and
one half to the State.

CHAPTER 19.
DREDGING, SAND AND GRAVEL.

§ 62.1-190. Dredging of sand or gravel prohibited.—It shall be
unlawful for any person or corporation to dredge, dig or otherwise remove
and carry away any part of any deposit of sand or gravel, or mixture of
sand and gravel from any part of the fast land, or beach or bluff, abutting
upon any of the rivers, streams or other waters within the jurisdiction of
the Commonwealth, or from any part of the bed of such rivers, streams
or other waters between high and low water marks.

In case any such deposit extends uninterruptedly from low water mark
out into the bed of such waters, it shall, except as hereinafter provided,
be unlawful to dig and carry away any part of such extended deposit lying
between such low water mark and the middle line of such waters.

§ 62.1-191. Violation a misdemeanor.—Any person or corporation
violating the provisions of this chapter shall be guilty of a misdemeanor.

§ 62.1-192. Injunction and damages.—Any owner of any such fast
land or beach, bluff, or bed of stream, between high and low water mark on
which any such deposit exists or from which it extends towards the middle
line of the water, as aforesaid, may, by appropriate proceedings brought by
such owner, have an injunction against any person or corporation remov-
ing and carrying away or attempting to remove and carry away any such
deposit or extension thereof without authority of the state; and may, in
such proceeding, or by separate action, recover against such violation of
this act damages in treble the value of the material removed.

§ 62.1-193. Exemptions from chapter.—The prohibitions of this
chapter shall not apply to any owner of any fast land, bluff, beach or bed of
stream, upon or in front of which such deposits may lie, nor to any person
or corporation acting under written permission from, or contract with such
owner, nor to any person or corporation acting under the authority of the
United States, necessarily removing such deposit in the lawful improvement
or regulation of navigation of any waters subject to the authority of the
United States.

None of the provisions of this chapter shall be deemed to interfere in
any manner with the provisions of any law of this State relating to taking
fish and oysters.
§ 62.1-194. Casting garbage, etc. into waters.—Except as otherwise
permitted by law, it shall be unlawful for any person to cast, throw or
dump any garbage, refuse, dead animal, trash, carton, bottle, container,
box, lumber, timber or like material, or other debris or noxious substance
or matter into any of the waters of this State. Every such act shall be a
misdemeanor. Every law enforcement officer of this State and its subdi-
visions shall have authority to enforce the provisions of this section.

ge 1-194.1. Obstructing or contaminating State waters.—Except
as ot erwise permitted by law, it shall be unlawful for any person to dump,
place or put, or cause to be dumped, placed or put into, upon the banks of
or into the channels of any State waters any object or substance, noxious
or otherwise, which may reasonably be expected to endanger, obstruct,
impede, contaminate or substantially impair the lawful use or enjoyment
of such waters and their environs by others. Any person who violates
any provision of this law shall be guilty of a misdemeanor and upon con-
viction be punished by a fine of not less than one hundred dollars nor
more than five hundred dollars or by confinement in jail not more than
twelve months or both such fine and imprisonment. Each day that any of
said materials or substances so dumped, placed or put, or caused to be
dumped, placed or put into, upon the banks of or into the channels of,
said streams shall constitute a separate offense and be punished as such.

In addition to the foregoing penalties for violation of this law, the
judge of the circuit court of the county or corporation court of the city
wherein any such violation occurs, whether there be a criminal conviction
therefor or not shall, upon a bill in equity, filed by the attorney for the
Commonwealth of such county or by any person whose property is damaged
or whose property is threatened with damage from any such violation,
award an injunction enjoining any violation of this law by any person
found by the court in such suit to have violated this law or causing the
same to be violated, when made a party defendant to such suit.

§ 62.1-195. Discharge of oil in certain waters.—(1) The following
words, as used in this section, shall have the following meanings, unless
the context otherwise requires:

(a) “Oil” means any petroleum product or derivative.

(b) “Person” means any individual, association, firm or corporation.

(c) “Waters” means navigable tidal waters.

(d) “Vessel” means any boat, ship, barge, or other floating convey-
ance, however powered.

(2) Except in case of emergency imperiling life or property, or un-
avoidable accident, collision or stranding, and except as otherwise per-
mitted by any lawful regulation, it shall be unlawful for any person to
discharge, or suffer, or permit the discharge from any vessel of oil by any
method, means or manner into, upon or under the navigable tidal waters
of the State. Pursuant to such regulations which may be prescribed under
federal laws or regulations, any lawful body of the State having juris-
diction of the ports of this State i is authorized and empowered to regulate
the discharge of oil from vessels in such quantities, under such conditions
and at such times and places as in its opinion will not be deleterious to
health or seafood, or a menace to navigation, or dangerous to persons
or property engaged in commerce on such waters, and for the loading,
handling and unloading of oil. Such body may cooperate with any agency
of the federal government in the enforcement of this section.

(8) Any person who violates paragraph (2) or any regulation pre-
scribed in pursuance thereof, shall be guilty of a misdemeanor, and upon
conviction thereof shall be punished by a fine not exceeding two thousand
five hundred dollars and not less than five hundred dollars, or by imprison-
ment not exceeding one year and not less than thirty days, or by both such
fine and imprisonment, for each offense. And any vessel (other than one
owned and operated by the State of Virginia or the United States) from
which oil is discharged in violation of paragraph (2) or any regulation
prescribed in pursuance thereof, shall be liable for the pecuniary penalty
specified in this section and the penalty shall constitute a lien on such
vessel.

The provisions of this section shall be deemed to supplement and not
to replace the provisions of § 62.1-194.

§ 62.1-196. Persons renting boats other than motorboats on public
waters to provide life perservers.—It shall be unlawful for any person to
regularly offer a boat or boats, other than a motorboat, for rent for use on
the public waters of this State unless such person shall provide, for the
use of each passenger in each such boat, a life preserver of the sort
prescribed by the regulations of the Commission of Game and Inland
Fisheries. Any person violating this section shall be guilty of a misde-
meanor and punished accordingly.

8. That § 28.1-116 of the Code of Virginia be amended and reenacted
as follows:

§ 28.1-116. If any creek, cove or inlet within the jurisdiction of this
Commonwealth which makes into or runs through the lands of any person,
is less than one hundred yards in width at mean low water and is comprised
within the limits of his lawful survey as defined in § 62.1-2, which survey
has been of record in the official records of the county or city for at least
twenty years, such person or other lawful occupant shall have the exclusive
right to use such creek, cove or inlet for sowing or planting oysters or other
shellfish. *

4. That § 33-69 of the Code of Virginia be amended and reenacted as
follows:

§ 33-69. * Whenever the State Highway Commissioner determines
that it is necessary or desirable to remove materials from the streams,
rivers or water courses for use on public roads, he shall submit to the
Marine Resources Commission his plan for the removal and all conditions
relating thereto for its review and concurrence. After receiving the
concurrence of the Commission of Fisheries, the State Highway Commis-
sioner may take for use on the public roads in this State sand, gravel, rock
and any other materials deemed by him suitable for road purposes from the
streams, rivers and watercourses, title to the bed of which is in the Com-
monwealth, and in addition to the power of eminent domain already vested
in him may acquire by condemnation all property, rights and easements
necessary to enable him to obtain and make use of such materials. All
such proceedings shall be governed by the provisions of law governing the
exercise by the State Highway Commissioner of the power of eminent
domain for State highway purposes.

* k &

5. All acts and parts of acts inconsistent with the provisions of this act
are repealed to the extent of such inconsistency.

The repeal of Title 62 effective as of October one, nineteen hundred
sixty-eight, shall not affect any act or offense done or committed, or any
penalty or forfeiture incurred, or any right established, accrued or accru-
ing on or before such date, or any prosecution, suit or action pending on
that date. Except as in this act otherwise provided, neither the repeal of
Title 62 of the Code of Virginia nor the enactment of Title 62.1 shall apply
to offenses committed prior to October one, nineteen hundred sixty-eight,
and prosecutions for such offenses shall be governed by the prior law,
which is continued in effect for that purpose. For the purposes of this
act, an offense was committed prior to October one, nineteen hundred
sixty-eight, if any of the essential elements of the offense occurred prior
ereto.
7. Whenever in Title 62.1 any of the conditions, requirements, provisions
or contents of any section, article or chapter of Title 62, as such title
existed prior to October one, nineteen hundred sixty-eight, are transferred
in the same or in modified form to a new section, article or chapter of
Title 62.1, and whenever any such former section, article or chapter of
Title 62 is given a new number in Title 62.1, all references to any such
former section, article or chapter of Title 62 appearing elsewhere in the
Code of Virginia than in Title 62.1 shall be construed to apply to the new
or renumbered section, article or chapter containing such conditions, re-
quirements, provisions or contents or portions thereof.
8. It is the intention of the General Assembly that this act shall be
liberally construed to effect the purposes set out herein, and if any clause,
sentence, paragraph or section of this act shall ever be declared unconsti-
tutional, it shall be deemed severable, and the remainder of this act shall
continue in full force and effect.

This act shall become effective on October one, nineteen hundred

sixty-eight.