Section 18 AAC 75.465 - Proof of approved plan(a) The owner or operator of an oil terminal facility may not cause or permit the transfer of oil to or from a vessel, barge, or railroad tank car unless (1) the operator of the vessel, barge, or railroad tank car has produced for inspection by the facility owner or operator the original, a true photocopy of the original, or an electronic copy of the certificate, approving the oil discharge prevention and contingency plan or streamlined plan for that operation; and(2) the operator of the vessel, barge, or railroad tank car has certified, on a contingency plan verification log supplied by the department and maintained by the owner or operator of the oil terminal facility, that a copy of the approved streamlined plan, or the response action and prevention plan sections of the approved oil discharge prevention and contingency plan, and a copy of the plan approval certificate, are available on the vessel or barge, or for a railroad tank car, are available from the operator of the railroad tank car; these documents may be the original, a true photocopy, or an electronic copy.(b) The owner or operator of an oil terminal facility shall certify on the contingency plan verification log that the operator of the vessel or barge has complied with (a)(1) and (2) of this section. The facility owner or operator shall maintain the log on a monthly basis and shall submit the log for the previous month to the department not later than the fifth day of the following month. The owner or operator of an oil terminal facility may notify the department to suspend the requirement to submit a monthly log when no fuel transfer operations will occur for two or more consecutive months. Submission is effective upon personal delivery, electronic mail transmission, or on the date of mailing by certified mail to the department. The department will retain copies of all logs received under this subsection for five years after receipt.(c) On the first working day after the operator of a vessel or railroad tank car fails to comply with the requirements of (a)(1) or (2) of this section, the oil terminal facility owner or operator shall report that failure to the department by telephone or electronic mail.(d) Verification and entry on the contingency plan verification log referred to under (b) of this section is required for each separate loading or unloading operation of a vessel at an oil terminal facility.(e) Each facility that has a plan approved under 18 AAC 75.460(a) and each vessel that has a streamlined plan approved under 18 AAC 75.456(a) must at all times have available at the facility, or for a railroad tank car must at all times have available from the operator of the railroad tank car, the original, a true photocopy, or an electronic copy of the following: (1) the approved streamlined plan or the response action and prevention plan sections of the approved oil discharge prevention and contingency plan;(2) the approval letter and certificate of approval issued by the department; and(3) additional department approval letters issued after initial plan approval is granted.Eff. 5/14/92, Register 122; am 11/27/2002, Register 164; am 12/14/2002, Register 164; am 4/16/2016, Register 218, July 2016; am 11/7/2020, Register 236, January 2021; am 2/5/2023, Register 245, April 2023Authority:AS 46.03.020
AS 46.04.030
AS 46.04.050
AS 46.04.055
AS 46.04.070
AS 46.04.900