Section 18 AAC 75.460 - Department decision on oil discharge prevention and contingency plans; new plans, plan renewals, and major plan amendments(a) After considering the information, analyses, and commitments contained in a complete application package for approval of an oil discharge prevention and contingency plan and comments received not later than the close of the public comment period set out in 18 AAC 75.455, the department will approve, approve with conditions, or disapprove an oil discharge prevention and contingency plan.(b) A decision issued under (a) of this section will include (1) the department's written decision and a summary of the basis for its decision to approve a plan, disapprove a plan, or subject a plan to conditions specific to the activity;(2) a statement that, if aggrieved by the department's decision, the applicant or a person who submitted comments on the application not later than the close of the public comment period set out in 18 AAC 75.455 may request (A) an informal review in accordance with 18 AAC 15.185; or(B) an adjudicatory hearing by submitting the information required under 18 AAC 15.200(a), and that a hearing requested under this subparagraph will be subject to the procedures set out under 18 AAC 15.195 - 18 AAC 15.340; and(3) a statement requiring the plan holder to provide copies of the approved plan in accordance with 18 AAC 75.408 not later than 30 days after approval unless the department determines that the plan is unusually large or complex, in which case the decision will include a statement requiring the plan holder to provide copies not later than 45 days after approval.(c) The department's decision will be served on the applicant and each person who submitted comments on the application not later than the close of public comment period set out in 18 AAC 75.455(b), or the close of the public comment period set out in 18 AAC 75.455(d) if a request for additional information was made. The applicant and a person who submitted comments on the application not later than the close of the public comment period set out in 18 AAC 75.455(b), or the close of the public comment period set out in 18 AAC 75.455(d) if a request for additional information was made, may request an informal review in accordance with 18 AAC 15.185 or an adjudicatory hearing in accordance with 18 AAC 15.195 - 18 AAC 15.340. An informal review request must be delivered in accordance with 18 AAC 15.185 to the office of the director of the department division that oversees spill prevention and response. An adjudicatory hearing request must be delivered in accordance with 18 AAC 15.200 to the office of the commissioner(d) An approval under this section is effective for (1) five years after the date it is issued; or(2) a time period shorter than five years, as specified in the department's approval letter and certificate.Eff. 5/14/92, Register 122; am 7/11/2002, Register 163; am 11/27/2002, Register 164; am 9/4/2014, Register 211, October 2014; am 4/16/2016, Register 218, July 2016; am 3/23/2017, Register 221, April 2017; am 10/27/2018, Register 228; am 2/5/2023, Register 245, April 2023The mailing address for informal review requests for purposes of 18 AAC 75.460 is Department of Environmental Conservation, Office of the Director, Division of Spill Prevention and Response, 610 University Avenue, Fairbanks, AK 99709. The mailing address for adjudicatory hearing requests is Department of Environmental Conservation, Office of the Commissioner, P.O. Box 111800, Juneau. AK 99811-1800.
Authority:AS 46.03.020
AS 46.04.030
AS 46.04.070
AS 46.04.890