Section 18 AAC 75.480 - Inspections(a) To verify that an owner or operator of a facility subject to AS 46.04.030 or AS 46.04.055 and to 18 AAC 75.400 - 18 75.496 is in compliance with those statutes and regulations, or to verify compliance with an approved oil discharge prevention and contingency plan or a streamlined plan under those statutes and regulations, the department may conduct announced and unannounced inspections of the facility.(b) The owner or operator of a facility subject to the requirements of AS 46.04.030 or AS 46.04.055 and to 18 AAC 75.400 - 18 AAC 75.496 shall allow the department, at reasonable times and upon presentation of credentials establishing authority, to enter or access the facility to conduct in-person or virtual inspections under (a) of this section, including an inspection to verify(1) facility infrastructure and prevention requirements under 18 AAC 75.001 - 18 AAC 75.085;(2) availability and operability of oil spill response resources identified in the approved plan; and(3) facility-specific records required to be maintained at the facility under (c) of this section.(c) The owner or operator of a facility subject to the requirements of AS 46.04.030 or AS 46.04.055 and to 18 AAC 75.400 - 18 AAC 74.496 must provide a copy of required documents to the department upon request during a facility inspection or a records audit. In addition, (1) the department may make its own copies;(2) records provided for review and inspection include documents required under 18 AAC 75.001 - 18 AAC 75.085 and 18 AAC 75.400 - 18 AAC 75.496; and(3) documents required to be located at the facility under 18 AAC 75.240 and 18 AAC 75.400 - 18 AAC 75.496 must be readily available and provided to the department as part of an in-person inspection; they must be provided to the department on the same day of a virtual facility inspection.(d) During an inspection conducted under this section, the department may obtain samples of suspected contaminated materials to verify compliance with 18 AAC 75.300-18 AAC 75.396 and 18 AAC 75.400 - 18 AAC 75.496, as applicable.(e) During an inspection conducted under this section, the use of virtual technology must be mutually agreed upon with the facility owner or operator.(f) If practicable, an inspection under this section will be coordinated with other regulatory agencies.(g) Based on the results of an inspection conducted under this section, the department may take appropriate action under 18 AAC 75.490.Eff. 5/14/92, Register 122; am 11/27/2002, Register 164; am 2/5/2023, Register 245, April 2023Authority:AS 46.03.020
AS 46.03.050
AS 46.03.710
AS 46.03.740
AS 46.03.755
AS 46.03.822
AS 46.04.020
AS 46.04.030
AS 46.04.055
AS 46.04.060
AS 46.04.065
AS 46.04.070
AS 46.09.010
AS 46.09.020