CCLME.ORG - Facility contingency plan and response contractor standards

(continued) and media (e.g., marine, fresh water, or land) to which the contractor is willing and able to respond;

(4) An organizational diagram depicting chain of command;

(5) A call out list as described in WAC 173-181-050 (11)(a)(i);

(6) A list of all response equipment and personnel pursuant to WAC 173-181-050 (12)(a), (b), and (d) and (13)(a) and (c); and

(7) A list of all OSHA/WISHA citations and reports, lost-time accidents, and accident claims related to oil spill response operations for the last five years. Any applicant with less than five years under their current business name or organization shall provide a listing of any oil spill response contract businesses owned or operated by the principals in the new company within the last five years, including a brief description of the companies and their safety history information listed above.

[Statutory Authority: RCW 90.48.035. 91-22-087 (Order 91-12), § 173-181-092, filed 11/5/91, effective 12/6/91.]

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173-181-094
Submittal of contractor approval applications.
(1) Three copies of the contractor's approval application shall be delivered to:

Spill Management Section,

Response Contractor Approval

Washington Department of Ecology

PV-11

P.O. Box 47600

Olympia, WA 98504-7600

(2) Applications may be submitted at any time after adoption of this chapter. If submitted with a contingency plan, the information required pursuant to WAC 173-181-092 shall be presented separately.

[Statutory Authority: RCW 90.48.035. 91-22-087 (Order 91-12), § 173-181-094, filed 11/5/91, effective 12/6/91.]

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173-181-096
Contractor application review.
(1) The department shall endeavor to review each application for primary response contractor approval in forty-five calendar days. Upon receipt of an application, the department shall evaluate promptly whether the application is incomplete. If the department determines that an application is incomplete, the submitter shall be notified of deficiencies. The forty-five day review period shall begin when the application is complete.

(2) An application shall be approved if it meets the conditions specified in WAC 173-181-090.

(3) The department shall endeavor to notify the applicant that the application has been approved/not approved within five working days after the review is completed.

(a) If the application is approved, the contractor shall receive a certificate of approval describing the terms of approval, including expiration dates.

(b) If the application is not approved, the contractor shall receive an explanation of the factors for disapproval and a list of actions to be taken to gain approval. The contractor may not act as a primary response contractor for a facility contingency plan until approved by the department.

(c) A contractor may appeal the department's decision under WAC 173-04-010.

(d) Approval of a response contractor by the department does not constitute an express assurance regarding the adequacy of the contractor nor constitute a defense to liability imposed under state law.

(4) Response contractor approvals shall be reviewed by the department every two years pursuant to WAC 173-181-094. Reapproval applications shall be submitted sixty calendar days in advance of the approval expiration date.

(5) An approved contractor shall notify the department in writing as soon as possible and within twenty-four hours of any significant change in the information reported in the approval application, such as a substantial change in equipment ownership. A facsimile received by the department will be considered written notice for the purposes of this subsection. Failure to notify the department may result in loss of approval status. Upon notification, the department may review the approval of the primary response contractor pursuant to this section. If the department determines that approval conditions are no longer met, approval may be withdrawn.

[Statutory Authority: RCW 90.48.035. 91-22-087 (Order 91-12), § 173-181-096, filed 11/5/91, effective 12/6/91.]

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173-181-098
Severability.
If any provision of this chapter is held invalid, the remainder of the rule is not affected.

[Statutory Authority: RCW 90.48.035. 91-22-087 (Order 91-12), § 173-181-098, filed 11/5/91, effective 12/6/91.]