Or. Admin. R. 340-141-0220 - Plan Update Timeline
(1) DEQ
must be notified in writing as soon as possible and within 24 hours of any
significant change that could affect implementation of the plan, including a
significant decrease in available spill response equipment or personnel.
Decreases are significant if they prevent the owner or operator from carrying
out the requirements of the plan in the time specified in the Oil Spill
Contingency Response Planning Standards for the Zones or sub-Zones of
operation. The plan holder must also provide a schedule for the prompt return
of the plan to full operational status. A receipt confirmed e-mail or facsimile
will be considered written notice for purposes of this section. Changes that
are not considered significant include minor variations in equipment or
personnel characteristics, call out lists or operating procedures. Failure to
notify DEQ of significant changes constitutes noncompliance with this rule as
well as an inability to comply with an approved plan under OAR
340-141-0210(3).
(2) If DEQ finds
that, as a result of a change, the plan no longer meets approval criteria under
OAR 340-141-0190, DEQ may, in its discretion, place conditions on approval,
require additional drills or inspections or revoke approval in accordance with
OAR 340-141-0190(8). Plan holders are encouraged to maintain backup response
resources in order to ensure that their plans can always be fully
implemented.
(3) Within 30 calendar
days of an approved change in the plan, the owner or operator of the facility
or covered vessel must distribute the amended pages of the plan to DEQ and
other plan holders.
(4) Plans must
be reviewed by DEQ every five years under ORS
468B.345(3).
Plans must be submitted for reapproval unless the plan holder submits a letter
requesting that DEQ review the plan already in DEQ's possession. The plan
holder must submit the plan or such a letter at least 90 calendar days before
expiration of the plan.
(5) DEQ may
review a plan following any spill for which the plan holder is
responsible.
(6) DEQ may require
plan holders of approved plans to renew the signed letter of intent required by
OAR 340-141-0100 annually to confirm that there has been no change to the plan
or the plan holder's commitment to its use.
Notes
Statutory/Other Authority: ORS 468.020 & 468B.345 - 468B.390
Statutes/Other Implemented: ORS 468B.345 - 468B.365
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