18 AAC 75.320. Department oversight of containment and cleanup

(a) The department will determine that a responsible person's containment and cleanup efforts are inadequate under 18 AAC 75.315 or 18 AAC 75.325 - 18 AAC 75.396 if the department determines that

(1) the responsible person has not used, or has not adequately used, containment equipment to intercept, concentrate, and collect the hazardous substance in its pattern of movement, unless environmental conditions exceed the operational limitations of the equipment;

(2) the responsible person has not used, or has not adequately used, exclusion equipment to protect a sensitive environmental zone, unless environmental conditions exceed the operational limitations of the equipment;

(3) the area affected by the hazardous substance is increasing at an avoidable rate despite containment and removal activities, unless environmental conditions exceed the operational limitations of the equipment, or unless immediate containment would pose a greater threat to human health, safety, or welfare, or to the environment, than to allow the discharge or release to temporarily spread;

(4) the containment and exclusion equipment is not functioning effectively because of weather or oceanographic conditions, and other equipment is reasonably available that can function effectively in those conditions;

(5) containment, exclusion, and lightering equipment is not deployed and operational as specified in an applicable oil discharge prevention and contingency plan approved under AS 46.04.030 or a nontank vessel plan approved under AS 46.04.055 ;

(6) major items of cleanup equipment and materials, including booms, skimmers, lightering pumps, sorbent, and storage containers, are not fully operational;

(7) available personnel, equipment, sorbent, or supplies are inappropriate, being mismanaged, or not being used, or additional personnel, equipment, sorbent, or supplies are required but not being provided; or

(8) containment and cleanup have not proceeded in a timely manner that is protective of human health, safety, and welfare, and of the environment.

(b) If the department determines that a responsible person's containment and cleanup efforts, do not adequately protect human health, safety, or welfare, or the environment, the department will

(1) direct that responsible person or another responsible person to use additional measures or to cease cleanup activities;

(2) begin cleanup activities, or authorize an agent of the department to begin cleanup activities; or

(3) take a combination of these actions.

History: Eff. 1/22/99, Register 149; am 11/27/2002, Register 164

Authority: AS 46.03.020

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