18 AAC 75.205 - Application for approval
(a) Subject to the
exemptions provided under
AS
46.04.050 and (d) of this section, an
application for approval of proof of financial responsibility under
AS
46.04.040 or
46.04.055, including an
application for renewal of approval under
18 AAC 75.225, must be submitted
to the department by the following responsible party:
(1) for an oil terminal facility that has a
storage capacity of 5,000 barrels or more of crude oil or 10,000 barrels or
more of noncrude oil as provided in
AS
46.04.0SO(a),, by the owner or operator of
the facility;
(2) for a railroad
tank car, by the owner or operator of the railroad tank car;
(3) for a vessel, by
(A) the charterer, if the vessel is chartered
by demise;
(B) the operator of the
vessel;
(C) the owner of the
vessel, if the agents or employees of the owner retain control and
responsibility for the operation of the vessel; or
(D) in any other case, the person with
primary operational control;
(4) for an exploration or production
facility, whether mobile or fixed, by the operator or one or more lease
holders;
(5) for a pipeline
facility, by the operator or one or more lease holders;
(6) for a group of vessel or facility owners
or operators who have agreed to pool their resources to provide proof of
financial responsibility for each other, by a designated person in the
group.
(b) Applications
under this section and renewal applications under
18 AAC 75.225 must be made on a
form supplied by the department. The following conditions apply, as
appropriate, to an application:
(1) an
applicant must furnish the department with the appropriate documents listed in
the "financial responsibility application and checklist" supplied by the
department;
(2) except for a
nontank vessel, the completed and signed application must be submitted to the
department at least 30 days, but no earlier than 90 days before operations are
proposed to begin; the department will, in its discretion, expedite its review
of an application if circumstances warrant;
(3) for a nontank vessel, the completed and
signed application must be received by the department at least 15 days before
operations are proposed to begin; the department will accept an application
received less than 15 days before operations are proposed to begin and expedite
the review of the application, if the
(A)
application is received at least five days before operations are proposed to
begin; and
(B) applicant
demonstrates that unanticipated circumstances prevent the applicant from
meeting the 15-day deadline under this paragraph;
(4) if the applicant is an agency of the
United States or this state whose debts and liabilities are the debts and
liabilities of the United States or this state, proof of financial
responsibility is not required, but the "financial responsibility application
and checklist" must be submitted to the department in accordance with the time
frames established under this section;
(5) an applicant may submit a combined
application for more than one vessel or facility;
(6) an approval may not be assigned to
another person, and may not be transferred from one vessel or facility to
another; an attempted assignment or transfer of an approval voids the
approval;
(7) all forms of proof of
financial responsibility must be in effect before operations begin; an approval
will not be given on pending coverage.
(c) Applications submitted under this section
and renewal applications submitted under
18 AAC 75.225 must be signed as
follows:
(1) in the case of a corporation, by
a principal executive officer of at least the level of vice president or that
officer's authorized representative, if the representative is responsible for
the overall management of the facility or operation;
(2) in the case of a partnership, by a
general partner;
(3) in the case of
a sole proprietorship, by the proprietor;
(4) in the case of a municipal, state,
federal, or other public facility, by a principal executive officer, ranking
elected official, or other authorized employee;
(5) in the case of a combined application, by
an appropriate representative of each party to the application;
(6) in the case of a joint venture, by the
operator;
(7) by an agent who has
been delegated that authority by the responsible party under (a) of this
section on a form supplied by the department; and
(8) for a limited liability company, by a
member.
(d) The
department will, in its discretion, approve an application for an exemption
from the proof of financial responsibility requirements of
AS
46.04.040(c) and
46.04.055(a) if
the owner or operator of a vessel that is conducting, or is available only for
conducting, an oil discharge response operation submits to the department
(1) a written explanation, to the
department's satisfaction, requesting the exemption, giving details of the time
period during which the exemption is requested for each vessel for the oil
discharge response operation; and
(2) a completed "application for exemption
from financial responsibility" form.
Notes
Authority: AS 46.03.020
AS 46.04.040
AS 46.04.055
AS 46.04.070
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