CHAPTER 751

An Act to amend and reenact § 62-194 of the Code of Virginia, relating
to discharge of oil in certain waters, and providing a penalty.

[H 656]
Approved April 5, 1968

Be it enacted by the General Assembly of Virginia:

a That § 62-194 of the Code of Virginia be amended and reenacted as
ollows:

§ 62-194. 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) ‘Ov’? 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. |

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 jurisdic-
tion of the ports of this State 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, handl-
ing and unloading of oil. Such body may cooperate with any agency of
the federal government in the enforcement of this section.

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 bv 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.

(4) In addition to the foregoing penalties for the violation of this
law, the vessel from which the oil is discharged shall be liable to the
county or city m which the oil is discharged in violation of paragraph (2)
for liquidated damages in the amount of one dollar per gallon of oil so
discharged; provided, however, that the total amount of liquidated dam-
ages shall not exceed the sum of fifteen thousand dollars for each violation.
Such damages may be collected by an action in admiralty brought in an
appropriate State or federal court by the attorney for the Commonwealth
of such county or city for the benefit of such county or city in the name
of the Commonwealth. Such sums as may be assessed against such vessel
shall be paid into court or collected by the attorney for the Common-
wealth and forwarded to the treasurer of the county or city entitled to
such damages to be used for general county or city purposes.

Proof that oil was discharged from the vessel and a reasonable esti-
mate of the amount so discharged shall make a prima facie case against
the vessel and the burden shall be upon the vessel to establish that the
discharge was permissible.