Section 18.75.465. 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 certificate or a true photocopy of the original, approving the oil discharge prevention and contingency plan or nontank vessel 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 copies of the response action and prevention plan sections of the current approved oil discharge prevention and contingency plan, or the original certificate or a true photocopy of the original nontank vessel plan approval certificate, for that vessel or barge is on board the vessel or barge, or for a railroad tank car is available from the operator of the railroad tank car.  
	(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. Submission is effective upon personal delivery, facsimile transmission, or 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, electronic mail, or facsimile transmission.  
	(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)  Any tank vessel, oil barge, or railroad tank car required to have a plan under AS 46.04.030 and 46.04.055 and approved under 18 AAC 75.460(a) must have the original or true photocopy of the following on board the tank vessel or oil barge and available for inspection when operating in state waters, or for a railroad tank car, available from the operator of the railroad tank car:  
		(1) copies of the response action and prevention plan sections of the current approved oil discharge prevention and contingency plan;  
		(2) the approval letter and certificate of approval issued by the department; and  
		(3) any additional department approval letters issued after initial plan approval is granted.  
	(f)  A nontank vessel required to have a plan under AS 46.04.030 and 46.04.055 and approved under 18 AAC 75.456(a) must have the original or true photocopy of the following on board the vessel and available for inspection when operating in state waters:  
		(1) the approved nontank vessel streamlined plan;  
		(2) the approval letter and certificate of approval issued by the department; and  
		(3) any additional department approval letters issued after initial plan approval is granted.  

Authorities

46.03.020;46.04.030;46.04.050;46.04.055;46.04.070;46.04.900

Notes

Authority

AS 46.03.020 AS 46.04.030 AS 46.04.050 AS 46.04.055 AS 46.04.070 AS 46.04.900

History

Eff. 5/14/92, Register 122; am 11/27/2002, Register 164; am 12/14/2002, Register 164; am 4/16/2016, Register 218