Section 18.53.140. Defenses for violation.

	(a)  Subject to (b) of this section, the following is a defense for a violation of 18 AAC 53.005(d)(1) - (5):  
		(1) the person can demonstrate that the violation was not caused by that person or that person's employee or agent; and  
		(2) the oxygen content stated in the product transfer document meets the requirements of 18 AAC 53.020 for the current control period.  
	(b)  A person seeking to assert a defense under this section who is not a retailer or wholesale purchaser-consumer must, in addition to meeting the requirements of (a) of this section, demonstrate that  
		(1) the oxygen content was not misrepresented in the product transfer document or otherwise; and  
		(2) that person conducted a quality assurance sampling and testing program as described in 18 AAC 53.160 at or before the time the violation occurred.  
	(c)  In defense of a violation found at a facility operating under the corporate, trade, or brand name of a refiner, a refiner must show, in addition to the defense in (a) of this section, that the violation was caused by  
		(1) another person who violated a law, other than 18 AAC 50 or this chapter, including an act of sabotage or vandalism;  
		(2) the action of a reseller, distributor, oxygenate blender, carrier, or a retailer or wholesale purchaser-consumer who violated a contractual obligation imposed by the refiner that was designed to prevent the action that caused the violation, despite periodic sampling and testing by the refiner to ensure compliance with the contractual obligation; or  
		(3) the action of a carrier or other distributor who was not subject to a contract with the refiner but who is used by the refiner for transportation of gasoline, that occurred despite the refiner's specification or inspection of procedures and equipment and the periodic sampling and testing that was reasonably calculated to prevent that action.  
	(d)  In this section, the term "was not caused" means that the person can demonstrate by reasonably specific evidence, either direct or circumstantial, that the violation was caused or must have been caused by another person.  

Authorities

44.46.020;46.03.010;46.03.020;46.14.020;46.14.030;46.14.510

Notes

Reference

18 AAC 53.130

Authority

AS 44.46.020 AS 46.03.010 AS 46.03.020 AS 46.14.020 AS 46.14.030 AS 46.14.510

History

Eff. 9/25/92, Register 123; am 10/31/97, Register 144