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(a) An oil terminal facility may not transfer a liquid bulk oil product to or from a tank vessel or oil barge if the oil product is declared as liquid bulk cargo, unless the tank vessel or oil barge provides proof to the terminal operator that the tank vessel or oil barge has a current, valid certificate of proof of financial responsibility issued under 18 AAC 75.205 - 18 AAC 75.290, an exemption under 18 AAC 75.205(d) , or a certificate of classification as an oil terminal facility issued under 18 AAC 75.280.
(b) Unless a nontank vessel is subject to an exemption in AS 46.04.055 (e)(2) or (3), an oil terminal facility may not transfer oil to or from a nontank vessel unless the nontank vessel provides proof to the terminal operator that the nontank vessel has a current, valid certificate of proof of financial responsibility issued under 18 AAC 75.205 - 18 AAC 75.290.
(c) If a vessel has frequent transactions at an oil terminal facility and is known by the facility operator, the owner or operator of that oil terminal facility may accept verbal confirmation from the vessel's master that the vessel has on board a current, valid certificate of proof of financial responsibility issued under 18 AAC 75.205 - 18 AAC 75.290.
(d) An oil terminal facility may not transfer a liquid bulk oil product to or from a railroad tank car, unless the owner or operator of the railroad tank car has previously provided the terminal owner or operator with a certified copy of the current, valid certificate of proof of financial responsibility as required by 18 AAC 75.240(b) (3).
(e) If a tank vessel, oil barge, or railroad tank car operator fails or refuses to provide proof of a current, valid certificate of proof of financial responsibility issued under 18 AAC 75.205 - 18 AAC 75.290, an exemption under 18 AAC 75.205(d) , or a certificate of classification as an oil terminal facility issued under 18 AAC 75.280(b) , or if a railroad tank car owner or operator has not provided a current certificate to the oil terminal facility as required by 18 AAC 75.240(b) (3) before loading or unloading a railroad tank car, the owner or operator of an oil terminal facility shall notify the department's Anchorage, Fairbanks, or Juneau office of that failure or refusal by telephone or facsimile on the next working day.
(f) If a nontank vessel owner or operator fails or refuses to provide proof of a current, valid certificate of proof of financial responsibility issued under 18 AAC 75.205 - 18 AAC 75.290, or to demonstrate that the nontank vessel owner or operator is subject to an exemption under AS 46.04.055 (e)(2) or (3), the owner or operator of an oil terminal facility shall notify the department's Anchorage, Fairbanks, or Juneau office of that failure or refusal by telephone or facsimile on the next working day.
(g) The requirements of this section with respect to nontank vessels and railroad tank cars apply after January 30, 2001.
History: Eff. 5/14/92, Register 122; am 10/28/2000, Register 156
Authority: AS 46.03.020
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Last modified 7/05/2006