Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 75 - Oil and Other Hazardous Substances Pollution Control › Article 2 - Financial Responsibility for Oil Discharges › 18 AAC 75.285 - Oil terminal facilities

Current through May 31, 2024
(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.
Authority:
AS
					 46.03.020
AS 46.04.040
AS 46.04.055
AS
					 46.04.070