Title 18 . Environmental Conservation

Chapter 75 . Administrative Enforcement

Section 240. Certificate of proof of financial responsibility

18 AAC 75.240. Certificate of proof of financial responsibility

(a) If the department approves a proof of financial responsibility, it will issue a certificate to the applicant stating that the proof of financial responsibility requirements have been met for each vessel or facility identified in the application.

(b) The original certificate, or a copy of the original certificate, including a facsimile copy, that is certified by the applicant to be a true copy of the original certificate, must be readily available for inspection

(1) at each covered facility or pipeline;

(2) on each covered vessel while it is in state waters; the certificate must be shown to the owner or operator of an oil terminal facility before loading or unloading

(A) liquid bulk oil cargo; or

(B) oil to or from a nontank vessel; or

(3) with respect to a railroad tank car, at the headquarters office of the responsible party under 18 AAC 75.205(a) and at each facility at which oil is loaded or unloaded; if the financial responsibility requirements of the responsible party change, the responsible party shall immediately notify the department and the affected facilities and obtain an updated or amended certificate to reflect such changes, in accordance with 18 AAC 75.205 and 18 AAC 75.225.

(c) The effective date and the expiration date, as determined under AS 46.04.040 (f), will be clearly marked on the certificate. For certificates that are effective for more than one year when issued, the continuing effectiveness of the form of financial responsibility that was approved by the department must be verified annually by submitting to the department, not more than 90 days and not less than 30 days before the anniversary of the certificate's effective date, the affidavit of a responsible party, as specified under 18 AAC 75.205(a) , stating that the form of financial responsibility remains in effect and stating the date on which it will expire.

(d) If the owner or operator to whom the certificate was issued ceases to be the responsible party under 18 AAC 75.205(a) , that person shall immediately return the original certificate to the department with written information regarding the new owner or operator's name and address and the date of the change in ownership or operational control so that a new certificate can be issued.

(e) A certificate is void and subject to immediate revocation by the department, without prior notice, if

(1) it contains erasures or is altered in any way, except for erasures, errors, or alterations made by the department in issuing the certificate;

(2) the person to whom the certificate was issued

(A) is no longer the responsible party under 18 AAC 75.205(a) for the facility or vessel identified on the certificate;

(B) fails to furnish acceptable proof of the continuing effectiveness of a form of financial responsibility as required under (c) of this section or in support of an application for renewal; or

(C) permits the cancellation or termination of the form of financial responsibility upon which issuance of the certificate was based.

(f) The department will give a certificate holder 10 days' written notice of the department's intent to revoke a certificate under AS 46.04.040 (h). The notice will include an effective date for and an explanation of the revocation.

(g) If the department acts or provides a notice under (e) or (f) of this section, the applicant may request an informal review under 18 AAC 15.185 or an adjudicatory hearing under 18 AAC 15.195 - 18 AAC 15.340.

History: Eff. 5/14/92, Register 122; am 10/28/2000, Register 156; am 11/27/2002, Register 164

Authority: AS 46.03.020

AS 46.04.040

AS 46.04.055

AS 46.04.070