Sec. 46.04.200. State master plan.

427 words·~2 min read·/ak/title-46/chapter-4/46-04-200

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

(a)The department shall prepare, annually review, and revise as necessary a statewide master oil and hazardous substance discharge prevention and contingency plan.

(b)The state master plan prepared under this section must

(1)take into consideration the elements of an oil discharge prevention and contingency plan approved or submitted for approval under AS 46.04.030 ;

(2)include incident command systems that clarify and specify the respective responsibilities of each of the following in the assessment, containment, and cleanup of various types and sizes of discharges of oil or a hazardous substance into the environment of the state:

(A)the Department of Environmental Conservation, the division of homeland security and emergency management in the Department of Military and Veterans' Affairs, and other agencies of the state; responsibilities assigned to each agency must be consistent with its statutory authority;

(B)municipalities of the state;

(C)appropriate federal agencies;

(D)operators of facilities;

(E)private parties whose land and other property may be affected by the oil or hazardous substance discharge; and

(F)other parties identified by the commission as having an interest in or the resources to assist in the containment and cleanup of an oil or hazardous substance discharge;

(3)include incident command systems that specify the respective responsibilities of parties identified in

(2)of this subsection in an emergency response under AS 26.23 , AS 46.03.865 , AS 46.04.080 , or AS 46.09.030 ; responsibilities assigned to each state agency must be consistent with its statutory authority; and

(4)identify actions necessary to reduce the likelihood of discharges of oil or hazardous substances.

(c)If the commissioner determines that the state master plan should be revised, the commissioner shall

(1)consult with municipal, community, and local emergency planning committee officials, and with representatives of affected regional organizations;

(2)submit the draft plan with revisions to the public for review and comment;

(3)submit to the legislature for review, not later than the 10th day following the convening of each regular session, any revision of the plan; and

(4)submit any revision of the plan to the Alaska State Emergency Response Commission for its review under AS 26.23.077 .

(d)In order to determine whether the state master plan should be revised, or at any other time the commissioner determines it necessary, the commissioner shall require or schedule unannounced oil spill drills to test the sufficiency of an oil discharge prevention and contingency plan approved under AS 46.04.030 or of the cleanup plans of a party identified under (b)(2) of this section.