Section 18 AAC 75.490 - Failure to comply(a) If a plan holder fails to comply with an approved oil discharge prevention and contingency plan or streamlined plan, demonstrates an inability to maintain continuous access to the quality or quantity of resources identified in the plan, fails to respond with those resources in the shortest possible time if a discharge occurs, or is subject to the terms of AS 46.04.030(f)(1) - (4), the department may (1) revoke the approval of the plan after notice and opportunity for hearing under (c) of this section;(2) suspend its approval of the plan after notice and opportunity for hearing under (c) of this section, stating the conditions under which the department will reinstate the approval and allow operations to resume;(3) order the plan holder to file an application to amend the plan within a specified time under 18 AAC 75.415; or(4) take other necessary action to correct the failure to comply.(b) If a plan holder fails to apply for an amendment as required under (a)(3) of this section, the department may revoke the approval of the plan after notice and opportunity for hearing under (c) of this section.(c) If the department issues a notice of intent to revoke an approval under this chapter, the plan holder may request an adjudicatory hearing under 18 AAC 15.195 - 18 AAC 15.340.Eff. 5/14/92, Register 122; am 7/11/2002, Register 163; am 11/27/2002, Register 164; am 11/7/2020, Register 236, January 2021; am 2/5/2023, Register 245, April 2023Authority:AS 46.03.020
AS 46.03.740
AS 46.03.745
AS 46.03.750
AS 46.03.880
AS 46.04.030
AS 46.04.055
AS 46.04.070
AS 46.04.890