2012 Ocean Ranger Guidebook Revision 3-7-12 - Alaska ...

2012 Ocean Ranger Guidebook 3-7-12
GENERAL PERMIT NO. 2009DB0026 Page 21 of 45
my inquiry of the person or persons who manage the system, or those persons
directly responsible for gathering the information, the information submitted is, to the
best of my knowledge and belief, true, accurate, and complete. I am aware that there
are significant penalties for submitting false information, including the possibility of
fines and imprisonment for knowing violations.”
2.13 QUALITY ASSURANCE / QUALITY CONTROL PLAN (QA/QC PLAN)
2.13.1 Permittees may use the Department approved 2010 Northwest Cruise Association
QA/QC Plan (or subsequent Department approved updates of the plan) or may develop
and implement a vessel specific QA/QC plan approved by the Department.
2.14 SAFETY AT SEA
2.14.1 If wastewater is discharged from a commercial passenger vessel into marine waters of
the state for the purposes of securing the safety of the vessel or saving human life at sea,
the vessel owner or operator must notify the Department within 24 hours as set out in 18
AAC 69.060.
2.15 UPSET CONDITIONS
2.15.1 Effect of an upset. An upset constitutes an affirmative defense to an action brought
for noncompliance with permit effluent limitations if the requirements of Section 2.15.2
are met. No preliminary determination made during the department’s administrative
review of a defense that noncompliance was caused by upset -- but before a formal
administrative action is potentially brought by the department for noncompliance -- is
final administrative action subject to judicial review.
2.15.2 Necessary upset demonstration conditions. A permittee who wishes to establish the
affirmative defense of upset shall demonstrate, through properly signed,
contemporaneous operating logs, or other relevant evidence that:
2.15.2.1 An upset occurred and that the permittee can identify the cause of the upset;
2.15.2.2 The permitted facility was at the time being properly maintained and operated;
and
2.15.2.3 The permittee submitted notice of the upset as required under Section 1.8
Noncompliance Notification.
2.15.3 Burden of proof: In any enforcement proceeding, the permittee seeking to establish
the occurrence of an upset has the burden of proof.
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