Sec. 46.04.035. Registration of oil spill response action contractors.

433 words·~2 min read·/ak/title-46/chapter-4/46-04-035

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)A person may apply to the department for registration as an oil spill primary response action contractor. The department shall adopt regulations governing the registration and approval of oil spill primary response action contractors. Regulations adopted by the department under this section must include

(1)minimum training standards for personnel;

(2)verification requirements that ensure the existence of resources, including personnel, equipment, services, and an adequate deployment plan necessary to a response action or as required by a contingency plan in which the contractor has agreed in writing to be listed and is listed;

(3)minimum professional response action standards and practices; and

(4)minimum planning standards for oil spill primary response action contractors listed in an oil spill contingency plan approved under AS 46.04.030 .

(b)Notwithstanding

(a)of this section, the department may substitute a primary response action contractor approval program, and a subsequent process to approve primary response action contractors who agree to be listed in a contingency plan approved under AS 46.04.030 , for regulations required under (a)(1) —

(3)of this section if the approval program and subsequent process are developed by the United States Coast Guard.

(c)The department shall establish fees applicable to registration under this section in an amount necessary to cover the costs of the registration program. The fees shall be collected by the department.

(d)AS 44.62 (Administrative Procedure Act) applies to regulations and registrations under this section.

(e)The department shall develop and maintain a list of oil spill primary response action contractors registered under this section. The department shall provide the list on request to interested persons.

(f)A primary response action contractor registered under this section shall annually provide to the department a list of all contingency plans approved under AS 46.04.030 in which the primary response action contractor has agreed in writing to be listed as a responder.

(g)Nothing in this section is intended to amend AS 46.04.030

(l)or to create a cleanup or performance standard that must be met by a holder of a contingency plan or a response action contractor.

(h)In this section,

(1)“oil” has the meaning given in AS 46.03.826 ;

(2)“primary response action contractor” means a person who enters into a response action contract with respect to a release or threatened release of oil and who is carrying out the contract, including a cooperative organization formed to maintain and supply response equipment and materials that enters into a response action contract relating to a release or threatened release of oil.