Section 18.75.490. Failure to comply.

	(a)  If a plan holder fails to comply with an approved oil discharge prevention and contingency plan or nontank vessel 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 in any other way subject to the terms of AS 46.04.030(f)(1) - (4) or AS 46.04.055, 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.  

Authorities

46.03.020;46.03.740;46.03.745;46.03.750;46.04.030;46.04.055;46.04.070;46.35.090

Notes

Reference

18 AAC 75.475
18 AAC 75.480
18 AAC 75.485

Authority

AS 46.03.020 AS 46.03.740 AS 46.03.745 AS 46.03.750 AS 46.04.030 AS 46.04.055 AS 46.04.070 AS 46.35.090(e)

History

Eff. 5/14/92, Register 122; am 7/11/2002, Register 163; am 11/27/2002, Register 164