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(a) Except where application of the requirements of 18 AAC 75.005 - 18 AAC 75.090 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 .
(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 75.090 and a corresponding requirement of federal law differ and application of the requirement of 18 AAC 75.005 - 18 AAC 75.090 would not be preempted by federal law, the more stringent requirement applies.
(d) The owner or operator shall ensure that all personnel are appropriately and regularly trained regarding company and state pollution prevention measures that are applicable to each person's duties. After completing a training course or program, each participant shall sign and date a statement that lists the course content.
(e) The owner or operator shall institute programs designed to ensure that each drill operator, each person who has navigational, towline, security, or maintenance duties, and any other person responsible for an activity that might result in a violation of this chapter is free of substance-abuse or medical problems that would impair that person's ability to do that person's job. For a railroad, the requirements of this subsection are satisfied by the implementation of programs that meet the requirements of the Federal Railroad Administration for the control of alcohol and drug use and for medical monitoring of the qualifications of employees.
(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) The owner or operator shall maintain for the life of the facility or operation, a history of spills over 55 gallons, including the source, cause, amount, and corrective action taken.
(h) The owner or operator shall prepare and maintain records to document training, inspections, tests, maintenance, and repairs required by 18 AAC 75.005 - 18 AAC 75.090. Unless specified otherwise, records must be kept for at least three years and must be available for inspection and copying by the department upon request.
History: Eff. 5/14/92, Register 122; am 4/4/97, Register 142; am 12/14/2002, Register 164
Authority: AS 46.03.020
Note to HTML Version:
The Alaska Administrative Code was automatically converted to HTML from a plain text format. Every effort has been made to ensure its accuracy, but neither Touch N' Go Systems nor the Law Offices of James B. Gottstein can be held responsible for any possible errors. This version of the Alaska Administrative Code is current through June, 2006.
If it is critical that the precise terms of the Alaska Administrative Code be known, it is recommended that more formal sources be consulted. Recent editions of the Alaska Administrative Journal may be obtained from the Alaska Lieutenant Governor's Office on the world wide web. If any errors are found, please e-mail Touch N' Go systems at E-mail. We hope you find this information useful. Copyright 2006. Touch N' Go Systems, Inc. All Rights Reserved.
Last modified 7/05/2006