Alaska Administrative Code

The owner or operator must file an application with the department for a change in operation that would change the dollar amount of financial responsibility required under 18 AAC 75.235(a). The application must include appropriate proof of financial responsibility under 18 AAC 75…

(a) An application for renewal of department approval of proof of financial responsibility must be submitted to the department at least 30 days, but no earlier than 90 days, before the current approval of proof of financial responsibility expires, except for a nontank vessel. For…

(a) Each vessel or facility must be specifically covered by an approved form of financial responsibility. The dollar amounts of required financial responsibility set out in AS 46.04.040 or 46.04.055 are adjusted, based upon the percentage change between the reference base index a…

(a) In addition to the other applicable requirements of this chapter, for an onshore production facility, the amount of financial responsibility required is based on maximum daily production of oil, measured in barrels per day. "Maximum daily production" means the highest amount …

Records received by the department under 18 AAC 75.205 - 18 AAC 75.290, including financial responsibility applications, operations files, and proof of financial ability to respond to a spill incident, are subject to AS 40.25.110-40.25.220. Notes 18 AAC 75.237 Eff. 12/8/95, Regis…

(a) If the department approves a proof of financial responsibility, it will issue a certificate to the applicant stating that the proof of financial responsibility requirements have been met for each vessel or facility identified in the application. (b) The original certificate, …

(a) In order to demonstrate financial responsibility through self-insurance, an applicant shall maintain in the United States, working capital and net worth, each in an amount at least equal to the applicable amount required under 18 AAC 75.235(a), or a lesser amount necessary to…

(a) An applicant may demonstrate financial responsibility with insurance for the applicable amount required under 18 AAC 75.235(a), in full or in part. The applicant shall provide proof of insurance issued by an insurer either who is authorized to sell insurance in Alaska under a…

(a) An applicant may demonstrate financial responsibility with a contract of surety, in full or in part, for the applicable amount required under 18 AAC 75.235(a). The applicant shall submit the contract of surety to the department on forms supplied by the department. (b) The iss…

(a) An applicant may demonstrate financial responsibility with a contract of guaranty, in full or in part, for the applicable amount required under 18 AAC 75.235(a). The applicant shall submit the contract of guaranty to the department, using a form supplied by the department. (b…

(a) An applicant may demonstrate financial responsibility with a letter of credit, in favor of the State of Alaska, for the applicable amount required under 18 AAC 75.235(a), in full or in part. The letter of credit(1) must be irrevocable for a period of not less than one year on…

(a) This section applies to other proof of financial responsibility for tank vessels, oil barges, oil terminal facilities, oil exploration or production facilities, pipelines, and railroad tank cars. An applicant may demonstrate financial responsibility for the applicable amount …

(a) This section applies to proof of financial responsibility for nontank vessels. An applicant may demonstrate financial responsibility for the applicable amount required under 18 AAC 75.235(a) (5) or (6), in full or in part, with (1) evidence of financial responsibility meeting…

Termination or cancellation of proof of financial responsibility does not relieve a person subject to AS 46.04.040 or 46.04.055 from (1) the requirement to provide proof of financial responsibility if that person's vessel or facility remains in operation as defined in 18 AAC 75.2…

An agent designated for service of process under AS 46.04.040(e) must be a resident of the state or a corporation authorized to do business in the state. If no designation is made and filed, or if process cannot be served in Alaska upon the designated agent, process may be served…

(a) If a vessel is to operate as an oil terminal facility as defined at AS 46.04.900, the owner or operator shall submit a written request for classification of the vessel as an oil terminal facility to the department. The request for classification must include the (1) name of t…

(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 c…

If a person required to provide proof of financial responsibility under AS 46.04.040, AS 46.04.055, or 18 AAC 75.205 - 18 AAC 75.290 fails or refuses to do so, the department will, in its discretion, (1) seek civil assessments and costs under AS 46.03.760 or other appropriate sta…

(a) Subject to (b), (c), and (g) of this section, a person in charge of a facility or operation shall notify the department by telephone, and immediately afterwards send the department a written notice by facsimile, electronic mail, hand delivery, or first class mail, informing t…

(a) The owner or operator shall display a discharge or release notification placard, provided by the department, that includes telephone numbers of department offices in conspicuous locations on a(1) tank truck containing more than 500 gallons of a hazardous substance, in additio…

(a) Immediately after receiving notice from a person or after otherwise becoming aware of a discharge or release of a hazardous substance to land or waters of the state, a responsible person shall, as required by 18 AAC 75.315, immediately contain and control the discharge or rel…

(a) A responsible person shall investigate, contain, and perform a cleanup of a sudden or recent discharge or release of a hazardous substance (1) in consultation the department, upon notification of a discharge or release under 18 AAC 75.300; (2) in a manner that does not result…

(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 equ…

(a) The requirements of 18 AAC 75.325 - 18 AAC 75.390 are referred to in this chapter as the "site cleanup rules." The site cleanup rules establish administrative processes and standards to determine the necessity for and degree of cleanup required to protect human health, safety…

(a) The department, or a responsible person as provided in (c) of this section, will perform an interim removal action if the department determines that an interim removal action is necessary under the site cleanup rules to prevent (1) human or environmental exposure to a hazardo…

(a) A responsible person shall ensure that a qualified environmental professional (1) prepares the site characterization work plan required under 18 AAC 75.335(b)(1); (2) prepares the site characterization report required under 18 AAC 75.335(c)(1); (3) performs sampling collectio…

(a) Before proceeding with site cleanup under the site cleanup rules, a responsible person shall characterize the extent of hazardous substance contamination at the site. (b) A responsible person shall submit a site characterization work plan to the department for approval before…

(a) This section provides the requirements for cleanup levels for hazardous substances in soil. For each site, except as provided in (b) of this section, a responsible person shall propose soil cleanup levels for approval, shall base those cleanup levels upon an estimate of the r…

(a) If a responsible person uses method one for petroleum hydrocarbons for a non-Arctic zone under 18 AAC 75.340, the soil cleanup levels must be based on Table A1 in this subsection. TABLE A1. METHOD ONE - PETROLEUM HYDROCARBON SOIL CLEANUP LEVELS IN NONARCTIC ZONES (See notes t…

(a) Except as otherwise provided in this section, cleanup of a discharge or release of a hazardous substance to groundwater or surface water must meet the requirements of this section. (b) Contaminated groundwater must meet (1) the cleanup levels in Table C if the current use or …

Subject to 18 AAC 75.345(c), groundwater at the site is considered to be a drinking water source unless a responsible person demonstrates or the department determines that (1) the groundwater is not (A) used for a private or public drinking water system; (B) within the zone of co…

(a) Unless the department determines that final confirmation sampling is not needed to meet the requirements of the site cleanup rules, a responsible person shall submit a sampling and analysis plan for approval under 18 AAC 75.360, and after implementing the plan, shall submit t…

A responsible person shall ensure that site cleanup is conducted or supervised by a qualified environmental professional. A responsible person shall submit each of the following elements for approval before work on that element begins, and for additional approval if a modificatio…

(a) A person who owns or operates an offsite or portable treatment facility shall (1) obtain approval of an operations plan before that person accepts or treats contaminated soil; the department will approve the plan if the department determines that the operations proposed in th…

(a) Unless the department approves the activity in question as protective of human health, safety, and welfare, and of the environment, a responsible person may not blend contaminated soil with uncontaminated soil and shall (1) segregate contaminated soil based on (A) the intende…

(a) The department will, after consultation with each landowner of the site, determine that the use of an institutional control is necessary, on a site-specific basis, if the department determines that controls are required to ensure (1) compliance with an applicable cleanup leve…

(a) A responsible person shall submit a written final cleanup report to the department for each site undergoing cleanup under the site cleanup rules. The report must be prepared by a qualified environmental professional. (b) The written report required by (a) of this section must…

A person aggrieved by a final department decision under 18 AAC 75.380 or a final department decision revoking an approval issued under the site cleanup rules may request informal review under 18 AAC 15.185 or may reguest an adjudicatory hearing under 18 AAC 15.195 - 18 AAC 15.340…

(a) Except as provided in (b) of this section, and if the department determines that a waiver or modification will be protective of human health, safety, and welfare, and of the environment, the department will waive or modify the site cleanup rules based on a review of the quant…

A person may not interfere with, hinder, or obstruct the containment or cleanup of a hazardous substance conducted under this chapter. This prohibition does not apply to the United States Coast Guard or EPA. Notes 18 AAC 75.395 Eff. 1/22/99, Register 149 Authority:AS 46.03.020 AS…

Subject to AS 29.35.020, AS 46.04.110, and AS 46.09.060, the requirements of 18 AAC 75.300 - 18 AAC 75.390 do not preempt local control that is as stringent as, or more stringent than, those requirements, and that is consistent with a regional master plan prepared under AS 46.04.…

(a) A person who is subject to AS 46.04.030 or AS 46.04.055(j) must file an application for approval of an oil discharge prevention and contingency plan as required under 18 AAC 75.400 - 18 AAC 75.420 and meet the applicable requirements of 18 AAC 75.430 - 18 AAC 75.495. Notwiths…

(a) If a person applies for a new plan under 18 AAC 75.410, an amendment determined to be a major amendment under 18 AAC 75.415(a), or a plan renewal under 18 AAC 75.420, and that person submits an application before August 4, 2023, the department will review the application unde…

(a) At least 60 days before the scheduled submission date for an application package for approval of a new oil discharge prevention and contingency plan under 18 AAC 75.410 or for renewal of approval under 18 AAC 75.420, the applicant must notify the department in writing of its …

(a) An application package for approval of an oil discharge prevention and contingency plan must contain (1) an application form supplied by the department containing (A) the applicant's legal name, address, and telephone number; (B) the name, location, and type of facility or op…

(a) An application package for approval of a new oil discharge prevention and contingency plan must be submitted in accordance with 18 AAC 75.408. An application package must be submitted at least 180 days before the proposed start of operation. (b) Repealed 4/16/2016. (c) The de…

Notes 18 AAC 75.412 Eff. 5/14/92, Register 122; repealed 11/27/2002, Register 164 State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features wil…

Notes 18 AAC 75.413 Eff. 11/27/2002, Register 164; repealed 9/4/2014, Register 211, October 2014 Authority:AS 46.03.020 AS 46.04.030 AS 46.04.055 AS 46.04.070 State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most…

A change in the owner, operator, or name of the owner or operator of a facility or operation with an approved oil discharge prevention and contingency plan requires that the new owner or operator submit an application package as an amendment under 18 AAC 75.415. Notes 18 AAC 75.4…

(a) An application for approval of an amendment to an oil discharge prevention and contingency plan must be submitted in accordance with 18 AAC 75.408 and approved by the department, before a change to a plan may take effect, unless it is a routine plan update under (b) of this s…