15.2-906.1 - (Expires December 31, 2011) Authority to require a permit for aboveground liquid fertilizer storage tanks; penalty.
§ 15.2-906.1. (Expires December 31, 2011) Authority to require a permit foraboveground liquid fertilizer storage tanks; penalty.
A. As used in this section, unless the context requires a different meaning:
"Aboveground liquid fertilizer storage tank" or "ALFST" means a devicethat contains an accumulation of liquid fertilizer (i) constructed ofnonearthen materials, such as concrete, steel, or plastic, that providestructural support, (ii) having a capacity of 100,000 gallons or greater, and(iii) the volume of which, including the volume of pipes, is more than 90percent above the surface of the ground. The term includes all ancillaryaboveground and underground pipes and dispensing systems. The term does notinclude any wastewater treatment or wastewater storage tank, utility orindustry pollution control equipment.
"API" means the American Petroleum Institute.
"API 653 Standard" means the American Petroleum Institute 653 Standard fortank inspection, repair, alteration, and reconstruction.
"Liquid fertilizer" means a fluid in which a fertilizer is in truesolution. This term does not include anhydrous ammonia or a solution used inpollution control.
B. A locality may adopt an ordinance making it unlawful for any person toconstruct, maintain, or use any aboveground liquid fertilizer storage tankhaving a capacity of 100,000 gallons or greater, unless such tank is locatedunderground, without first obtaining a permit from the local fire official;however, water tanks used for fire protection purposes shall be excluded fromany such ordinance. Such an ordinance may also provide that the fire officialmay revoke a permit if the ALFST is an imminent threat to the public'shealth, safety, and welfare. The permit shall be approved contingent upon API653 Standard compliance.
C. All aboveground liquid fertilizer storage tanks shall be inspectedaccording to state-regulated API 653 Standard, as a minimal requirement. Theinspections shall cover the premises, tanks, dikes, and related equipment. Alicensed professional engineer who is registered in the Commonwealth, or aperson who has been certified according to API 653 Standard, Appendix D,shall conduct the inspection.
D. The penalty for violating the provisions of such ordinance shall not begreater than the penalty imposed for a Class 1 misdemeanor. Each day'sviolation shall be construed as a separate offense.
E. Any such ordinance may be made applicable to aboveground liquid fertilizerstorage tanks constructed before, as well as those constructed after, theadoption of the ordinance.
F. Nothing in this section shall apply to a tank storing liquid manure,sludge, or wastewater regulated by the Virginia Pollutant DischargeElimination System Permit Regulation (9 VAC 25-31-10 et seq.) or the VirginiaPollution Abatement Permit Regulation (9 VAC 25-32-10 et seq.).
G. The provisions of this section shall expire on December 31, 2011.
H. The Board of Housing and Community Development shall adopt regulationsrequiring that the inspection, repair, alteration, and reconstruction of allnew and existing ALFSTs comply with API 653 Standard.
(2010, c. 577.)