Section 18.75.007. General oil pollution prevention requirements.

	(a)  Except where application of the requirements of 18 AAC 75.005 - 18 AAC 75.085 would be preempted by federal law, those requirements apply to each facility or operation for which an approved oil discharge prevention and contingency plan is required under AS 46.04.030 or AS 46.04.055(j).  
	(b)  A vessel, barge, pipeline, railroad tank car, or other facility subject to the applicable requirements of this chapter must be equipped and operated in accordance with this chapter and other state and federal law applicable to the prevention of an oil discharge. A railroad must be operated in compliance with applicable federal railroad safety regulations.  
	(c)  If a requirement of 18 AAC 75.005 - 18 AAC 75.085 and a corresponding requirement of federal law differ and application of the requirement of 18 AAC 75.005 - 18 AAC 75.085 would not be preempted by federal law, the more stringent requirement applies.  
	(d)  Repealed 12/30/2006.  
	(e)  The owner or operator shall have in place programs designed to ensure that each drill operator, each person who has navigational, towline, security, or maintenance duties, and any other person directly responsible for an activity that might result in a violation of this chapter is free of substance-abuse or medical conditions that would impair that person's ability to do that person's job. The requirements of this section may be met  
		(1) for a railroad, by a program in accordance with 49 C.F.R. Part 219, revised as of October 1, 2005 and adopted by reference;  
		(2) for a pipeline, by a program in accordance with 49 C.F.R. Part 199, revised as of October 1, 2005 and adopted by reference; or  
		(3) for a vessel, by a program in accordance with 46 C.F.R. Part 16, revised as of October 1, 2005 and adopted by reference.  
	(f)  The owner or operator shall provide security measures and surveillance appropriate to each component of the operation to minimize the risk of vandalism, sabotage, and unauthorized entry.  
	(g)  Repealed 12/30/2006.  
	(h)  Repealed 12/30/2006.  

Authorities

46.03.020;46.04.030;46.04.055;46.04.070

Notes

Reference

18 AAC 75.027
18 AAC 75.037
18 AAC 75.045
18 AAC 75.085
18 AAC 75.425

Authority

AS 46.03.020 AS 46.04.030 AS 46.04.055 AS 46.04.070

History

Eff. 5/14/92, Register 122; am 4/4/97, Register 142; am 12/14/2002, Register 164; am 12/30/2006, Register 180