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(a) After considering the information, analyses, and commitments contained in a complete application for an oil discharge prevention and contingency plan approval and timely comments submitted under 18 AAC 75.455, the department will approve, approve with conditions, or disapprove an oil discharge prevention and contingency plan or a nontank vessel equivalent plan.
(b) A decision issued under (a) of this section will include
(1) the written approval, if it is the department's determination that an oil discharge prevention and contingency plan approval should be issued; the department will provide a summary of the basis for its decision to approve a plan in a case in which public comment adverse to the application has been received;
(2) a brief summary of the basis for the department's decision if the decision is to disapprove a plan, or to subject a plan to conditions specific to the activity; and
(3) a statement that, if aggrieved by the department's decision, the applicant or any person who submitted timely comments on the application under 18 AAC 75.455 may request an adjudicatory hearing by submitting the information required under 18 AAC 15.200(a) (1) - (5), and that any hearing requested under this subsection will be subject to the procedures set out at 18 AAC 15.195 - 18 AAC 15.340.
(c) The department's decision will be served on the applicant and each person who submitted timely comments on the application under 18 AAC 75.455. The applicant and any person who submitted timely comments on the application under 18 AAC 75.455 may request an adjudicatory hearing within 30 days after service of the department's decision. The hearing will be conducted in accordance with procedures set out in 18 AAC 15.195 - 18 AAC 15.340.
(d) An approval under this section is effective for
(1) three years after the date it is issued;
(2) a time period shorter than three years, as specified in the department's approval letter and certificate; or
(3) five years, if the requirements of 18 AAC 75.443(e) are met.
History: Eff. 5/14/92, Register 122; am 7/11/2002, Register 163; am 11/27/2002, Register 164
Authority: AS 46.03.020
Editor's note: Department of Environmental Conservation approval under 18 AAC 75.460 does not negate any other requirement for approval to operate under other statutes or regulations, such as Alaska Coastal Management Program approval under 6 AAC 50.
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Last modified 7/05/2006