{"data":{"id":"us-va/9vac25-640-180","jurisdiction":"us-va","citation":"9VAC25-640-180","heading":"Drawing on financial assurance mechanisms","body":"A. The department may require the guarantor, surety, or institution issuing a letter of credit or certificate of deposit to pay to the department an amount up to the limit of funds provided by the financial assurance mechanism if:\n\n1. a. The operator fails to establish alternate financial assurance within 60 days after receiving notice of cancellation of the guarantee, surety bond, letter of credit, certificate of deposit; and\n\nb. The department determines or suspects that a discharge from an aboveground storage tank or pipeline covered by the mechanism has occurred and so notifies the operator, or the operator has notified the department pursuant to 9VAC25-91 of a discharge from an aboveground storage tank or pipeline covered by the mechanism; or\n\n2. The conditions of subsection B of this section are satisfied.\n\nB. The department shall deposit the financial assurance funds forfeited pursuant to subsection A of this section into the Virginia Petroleum Storage Tank Fund. The department may use the financial responsibility funds obtained pursuant to subsection A of this section to conduct containment and cleanup when it makes a final determination that a discharge has occurred and immediate or long-term containment and/or clean up for the discharge is needed, and the operator, after appropriate notice and opportunity to comply, has not conducted containment and clean up as required under 9VAC25-91.","path":["Title 9. Environment","Agency 25. State Water Control Board","Chapter 640. Aboveground Storage Tank and Pipeline Facility Financial Responsibility Requirements"],"source_url":"https://law.lis.virginia.gov/admincode/title9/agency25/chapter640/section180/","current_through":"2026 Regular Session (effective July 1, 2026)","vintage":"","retrieved_at":"2026-09-14T04:49:20Z","sha256":"9a1d8c22a750b9bcea0e736bb81699a06cb2ea701a0398a14b18ee00d7a8218e","source_id":"us-va-vac","stale":false,"prev":"us-va/9vac25-640-170","next":"us-va/9vac25-640-190"},"notice":"GroundRules: Original legal text. Not legal advice."}