Title 18 . Environmental Conservation

Chapter 75 . Administrative Enforcement

Section 205. Application for approval

18 AAC 75.205. Application for approval

(a) Subject to the exemptions provided under AS 46.04.050 and (d) of this section, an application for approval of proof of financial responsibility under AS 46.04.040 or 46.04.055, including an application for renewal of approval under 18 AAC 75.225, must be submitted to the department by the following responsible party:

(1) for an oil terminal facility, by the owner or operator of the facility;

(2) for a railroad tank car, by the owner or operator of the railroad tank car;

(3) for a vessel, by

(A) the charterer, if the vessel is chartered by demise;

(B) the owner of the vessel, if the agents or employees of the owner retain control and responsibility for the operation of the vessel or barge; or

(C) the person with primary operational control, in any case other than one set out in (A) or (B) of this paragraph;

(4) for an exploration or production facility, whether mobile or fixed, by the operator or one or more lease holders;

(5) for a pipeline facility, by the operator or one or more lease holders;

(6) for a group of vessel or facility owners or operators who have agreed to pool their resources to provide proof of financial responsibility for each other, by a designated person in the group.

(b) Applications under this section and renewal applications under 18 AAC 75.225 must be made on a form supplied by the department. The following conditions apply, as appropriate, to an application:

(1) an applicant must furnish the department with the appropriate documents listed in the "financial responsibility application and checklist" supplied by the department;

(2) except for a nontank vessel, the completed and signed application must be submitted to the department at least 30 days, but no earlier than 90 days before operations are proposed to begin; the department will, in its discretion, expedite its review of an application if circumstances warrant;

(3) for a nontank vessel, the completed and signed application must be received by the department at least 15 days before operations are proposed to begin; the department will accept an application received less than 15 days before operations are proposed to begin and expedite the review of the application, if the

(A) application is received at least five days before operations are proposed to begin; and

(B) applicant demonstrates that unanticipated circumstances prevent the applicant from meeting the 15-day deadline under this paragraph;

(4) if the applicant is an agency of the United States or this state whose debts and liabilities are the debts and liabilities of the United States or this state, proof of financial responsibility is not required, but the "financial responsibility application and checklist" must be submitted to the department in accordance with the time frames established under this section;

(5) an applicant may submit a combined application for more than one vessel or facility;

(6) an approval may not be assigned to another person, and may not be transferred from one vessel or facility to another; an attempted assignment or transfer of an approval voids the approval;

(7) all forms of proof of financial responsibility must be in effect before operations begin; an approval will not be given on pending coverage.

(c) Applications submitted under this section and renewal applications submitted under 18 AAC 75.225 must be signed upon oath or affirmation as follows:

(1) in the case of a corporation, by an authorized representative responsible for the overall management of the facility or operation, or that person's designee;

(2) in the case of a partnership, by a general partner;

(3) in the case of a sole proprietorship, by the proprietor;

(4) in the case of a municipal, state, federal, or other public facility, by an authorized public official or employee;

(5) in the case of a combined application, by an appropriate representative of each party to the application; and

(6) in the case of a joint venture, by the operator;

(7) by an agent who has been delegated that authority by the responsible party under (a) of this section on a form supplied by the department.

(d) The department will, in its discretion, approve an application for an exemption from the proof of financial responsibility requirements of AS 46.04.040 (c) and 46.04.055(a) if the owner or operator of a vessel that is conducting, or is available only for conducting, an oil discharge response operation submits to the department

(1) a written explanation, to the department's satisfaction, requesting the exemption, giving details of the time period during which the exemption is requested for each vessel for the oil discharge response operation; and

(2) a completed "application for exemption from financial responsibility" form.

History: Eff. 5/14/92, Register 122; am 10/28/2000, Register 156; am 11/27/2002, Register 164

Authority: AS 46.03.020

AS 46.04.040

AS 46.04.055

AS 46.04.070