Alaska Admin. Code tit. 18, § 75.480
Inspections
Effective Feb 5, 2023Alaska Register 245(Eff. 5/14/92, Register 122; am 11/27/2002, Register 164; am 2/5/2023, Register 245) | Authority: AS 46.03.020, AS 46.03.822, AS 46.04.065, AS 46.03.050, AS 46.04.020, AS 46.04.070, AS 46.03.710, AS 46.04.030, AS 46.09.010, AS 46.03.740, AS 46.04.055, AS 46.09.020, AS 46.03.755, AS 46.04.060
- (a) To verify that an owner or operator of a facility subject to AS 46.04.030 or AS 46.04.055 and to 18 AAC 75.400 - 18 75.496 is in compliance with those statutes and regulations, or to verify compliance with an approved oil discharge prevention and contingency plan or a streamlined plan under those statutes and regulations, the department may conduct announced and unannounced inspections of the facility.
(b) The owner or operator of a facility subject to the requirements of AS 46.04.030 or AS 46.04.055 and to 18 AAC 75.400 - 18 AAC 75.496 shall allow the department, at reasonable times and upon presentation of credentials establishing authority, to enter or access the facility to conduct in-person or virtual inspections under (a) of this section, including an inspection to verify
- (1) facility infrastructure and prevention requirements under 18 AAC 75.001 - 18 AAC 75.085;
- (2) availability and operability of oil spill response resources identified in the approved plan; and
- (3) facility-specific records required to be maintained at the facility under (c) of this section.
(c) The owner or operator of a facility subject to the requirements of AS 46.04.030 or AS 46.04.055 and to 18 AAC 75.400 - 18 AAC 74.496 must provide a copy of required documents to the department upon request during a facility inspection or a records audit. In addition,
- (1) the department may make its own copies;
- (2) records provided for review and inspection include documents required under 18 AAC 75.001 - 18 AAC 75.085 and 18 AAC 75.400 - 18 AAC 75.496; and
- (3) documents required to be located at the facility under 18 AAC 75.240 and 18 AAC 75.400 - 18 AAC 75.496 must be readily available and provided to the department as part of an in-person inspection; they must be provided to the department on the same day of a virtual facility inspection.
- (d) During an inspection conducted under this section, the department may obtain samples of suspected contaminated materials to verify compliance with 18 AAC 75.300 - 18 AAC 75.396 and 18 AAC 75.400 - 18 AAC 75.496, as applicable.
- (e) During an inspection conducted under this section, the use of virtual technology must be mutually agreed upon with the facility owner or operator.
- (f) If practicable, an inspection under this section will be coordinated with other regulatory agencies.
- (g) Based on the results of an inspection conducted under this section, the department may take appropriate action under 18 AAC 75.490.
(Eff. 5/14/92, Register 122; am 11/27/2002, Register 164; am 2/5/2023, Register 245)
Authority: AS 46.03.020, AS 46.03.822, AS 46.04.065, AS 46.03.050, AS 46.04.020, AS 46.04.070, AS 46.03.710, AS 46.04.030, AS 46.09.010, AS 46.03.740, AS 46.04.055, AS 46.09.020, AS 46.03.755, AS 46.04.060