62.1-134.1 - Expediting shipment of coal.
§ 62.1-134.1. Expediting shipment of coal.
A. The Authority shall analyze the shipment of coal through the ports of theCommonwealth for the purpose of expediting such shipments. For this purpose,the Authority shall be authorized to collect, analyze, and require thefurnishing of information, which is maintained in the ordinary course ofbusiness by the person, firm, or corporation providing such information,pertaining to the transportation of coal which has been moved to and from theports of this Commonwealth, including:
1. From a railway company or any subsidiary thereof involved in the shipmentor storage of coal - the inland origin; the identity of any transshipper, therail destination; the route; the car movement record, whether such movementwas pursuant to permit or agreement; the date of issuance of permits; thedate and time of vessel registration; the position in vessel queue at thetime of registration and at the time such vessel was ordered to berth forloading; and date such vessel was loaded;
2. From any railway company, supplier, mining company, or transshipper - thetonnage and classification of coal loaded aboard such vessel;
3. From any transshipper - the identity of any supplier, broker,transshipper, or purchaser of coal for shipment by railway;
4. From any ship line, shipping company, ship agent, wholesaler, retailer,broker, transshipper, or operator of any coal storage facility - the identityof any vessel loaded with coal, the date of such vessel's arrival at port,the date such vessel departed and the tonnage and classification of coalloaded aboard such vessel; and
5. From any of the parties mentioned in subdivisions 1, 2, 3, or 4 - anyother information which is relevant and necessary to such analysis ofshipment of coal through the ports of the Commonwealth provided suchinformation is maintained in the ordinary course of business of such person,firm, or corporation.
B. Notwithstanding any provisions of law to the contrary, any person, firm,corporation or agent thereof engaged in the mining, consignment, sale,transportation, loading, unloading, storage, or handling of coal for shipmentthrough any port of this Commonwealth, whether as a mining company, railwaycompany, ship line, shipping company, ship agent, wholesaler, retailer,broker, transshipper, operator of any coal storage facility, or facility forthe loading or unloading of railroad cars or ships, or any entity otherwiseengaged in an activity which directly affects the transportation of coal toor from any port of this Commonwealth, within forty-five days after receivinga written request from the Authority, shall furnish the Authority with anysuch information as is described in subsection A of this section as ismaintained in the ordinary course of business of the party requested toprovide the information. In the event of willful noncompliance with theprovisions of this section by any person, firm, or corporation, the Authoritymay petition an appropriate circuit court for injunctive relief or, in thealternative, for recovery of a civil penalty, payable to the Authority, in anamount no less than $100 per day and no more than $1,000 per day for each daynoncompliance continues. Upon a finding that the defendant's noncompliancewas willful, the court shall order compliance or payment of the civilpenalty, as the case may be.
C. The aforesaid information and data shall be supplied to the ExecutiveDirector of the Authority and shall be for the exclusive use of the ExecutiveDirector and the staff of the Authority. Neither the Executive Director norany staff member of the Authority shall disclose this information and data toany member of the Board of Commissioners of the Authority; nor to any person,firm, corporation or agent thereof engaged in the mining, consignment, sale,transportation, loading, unloading, storage, or handling of coal, whethersuch person, firm, corporation or agent be public or private and whether ornot such person, firm, corporation, or agent be a subsidiary or unit of theAuthority; nor to anyone outside the Authority.
D. In carrying out the functions heretofore described the Authority shall bedeemed to be performing essential governmental functions as an agent of theCommonwealth of Virginia.
(1981, c. 464.)