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(a) The department may conduct announced and unannounced discharge exercises to assure that an oil discharge prevention and contingency plan or nontank vessel plan is adequate in content and execution. No more than two exercises will be required for an oil discharge prevention and contingency plan in each 12-month period, unless an exercise demonstrates, in the department's judgment, a plan holder's failure to implement the plan effectively. No more than one discharge exercise requiring deployment of equipment in the field and one discharge exercise without deployment of equipment will be required for a nontank vessel equivalent plan in each plan review cycle as established under 18 AAC 75.456(b) or 18 AAC 75.460(d) , as applicable, unless an exercise demonstrates, in the department's judgment, a plan holder's failure to implement the plan effectively.
(b) Execution of a plan during a discharge exercise will be considered inadequate if the readiness for response and response performance stated in the plan are significantly deficient due to inadequate mobilization or performance of personnel, equipment, other resources, or other factors, including the mobilization or performance of a response action contractor identified under 18 AAC 75.445(i) or 18 AAC 75.446(f) .
(c) If a plan holder cannot adequately execute the plan during a discharge exercise, the department will, in its discretion,
(1) require additional exercises until it is satisfied that the prevention and contingency plan and its execution are adequate; or
(2) take other appropriate action as described at 18 AAC 75.490.
(d) The department will consider a regularly scheduled training exercise initiated by a plan holder as a discharge exercise if the department monitors, evaluates, or participates in the exercise and concurs that it is equivalent to a discharge exercise conducted by the department. A plan holder shall notify the department in advance of the exercise and shall provide an opportunity for a department representative to be present and participate.
(e) The department will conduct announced or unannounced discharge exercises appropriate to the plan holder's current status of operations.
History: Eff. 5/14/92, Register 122; am 11/27/2002, Register 164
Authority: AS 46.03.020
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Last modified 7/05/2006