18 AAC 75.565. Discharge exercises for nontank vesselled contractors and nontank vessel incident management teams

(a) The department may conduct announced and unannounced discharge exercises to assure that a nontank vessel cleanup contractor or a nontank vessel incident management team is adequately prepared to act in the event of a spill. No more than two exercises will be required for a nontank vessel cleanup contractor in each 12-month period. The department will consider other required discharge exercises conducted by the nontank vessel cleanup contractor in meeting this requirement. No more than two discharge exercises will be required for a nontank vessel incident management team in each 12-month period.

(b) The performance of a nontank vessel cleanup contractor or a nontank vessel incident management team during a discharge exercise will be considered inadequate if the nontank vessel cleanup contractor or nontank vessel incident management team does not respond in a manner consistent with the minimum registration standards of 18 AAC 75.561 and 18 AAC 75.562, as applicable.

(c) If the performance of a nontank vessel cleanup contractor or a nontank vessel incident management team during a discharge exercise is considered inadequate under (b) in this section, the department may

(1) require additional exercises until the department is satisfied that the performance of the contractor is adequate; or

(2) take enforcement action as described in 18 AAC 75.570.

(d) The department will consider a regularly scheduled training exercise initiated by a nontank vessel cleanup contractor or nontank vessel incident management team as a discharge exercise if the department monitors, evaluates, or participates in the exercise and concurs that it is equivalent to a discharge exercise conducted by the department. A nontank vessel cleanup contractor or nontank vessel incident management team shall notify the department in advance of the exercise and shall provide an opportunity for a department representative to be present and participate.

(e) The department will conduct announced or unannounced discharge exercises appropriate to the current status of operations of the nontank vessel cleanup contractor or nontank vessel incident management team and the participation of the nontank vessel cleanup contractor or nontank vessel incident management team in other discharge exercises or response actions.

History: Eff. 11/27/2002, Register 164

Authority: AS 46.03.020

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