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(continued) l be considered a separate violation.
[Statutory Authority: ESHB 1027. 91-22-086, § 317-10-085, filed 11/5/91, effective 1/1/92.]
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317-10-090
Contractor standards.
(1) Primary response contractors listed in a covered vessel contingency plan must be approved by the office. Response contractors which are listed in a contingency plan only as subcontractors to a primary response contractor do not have to be approved by the office.
(2) Primary response contractors shall be approved by the office subject to the following conditions:
(a) Equipment, equipment maintenance, and equipment and personnel deployment readiness must be verifiable by inspection by the office. Any resources not on site at the time of an inspection must be accounted for by company records. Approval of personnel readiness shall require capability of a one hour call out time in which personnel must be able to begin mobilization of response efforts. Equipment readiness shall include being available and able to be deployed to a spill site without delay, not counting normal maintenance and repairs;
(b) Response personnel shall comply with all appropriate safety and training requirements listed in WAC 296-62-300. Training records may be audited for verification; and
(c) Determination of an acceptable safety history by review of pertinent records on a case-by-case, best-professional-judgment basis. Lack of a safety history will not be grounds for denying approval.
(3) The office shall work with the department to ensure that no duplication of regulatory responsibilities occurs in the review of primary response contractors.
[Statutory Authority: ESHB 1027. 91-22-086, § 317-10-090, filed 11/5/91, effective 1/1/92.]
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317-10-092
Contractor approval information required.
To apply for approval, contractors shall submit the following items to the office:
(1) Contractor's name, UBI number, address, and phone number;
(2) Response capability, including geographic area of response coverage, with any exclusions;
(3) The types of oil 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 317-10-050 (11)(a)(i);
(6) A list of all response equipment and personnel pursuant to WAC 317-10-050 (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 as listed above.
[Statutory Authority: ESHB 1027. 91-22-086, § 317-10-092, filed 11/5/91, effective 1/1/92.]
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317-10-094
Submittal of contractor approval applications.
(1) Three copies of the contractor's approval application shall be delivered to:
Response Contractor Approval
Washington Office of Marine Safety
P.O. Box 42407
Olympia, WA 98504-2407
(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 317-10-092 shall be presented separately.
[Statutory Authority: ESHB 1027. 91-22-086, § 317-10-094, filed 11/5/91, effective 1/1/92.]
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317-10-096
Contractor application review.
(1) The office shall endeavor to review each application for primary response contractor approval in forty-five calendar days. Upon receipt of an application, the office shall evaluate promptly whether the application is incomplete. If the office 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 317-10-090.
(3) The office 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 covered vessel contingency plan until approved by the office.
(c) If the application is not approved, the contractor shall have thirty calendar days from the date of the notice of nonapproval to appeal the office's decision. The appeal shall be perfected by serving an application for an adjudicative proceeding upon the office within the time specified herein.
(d) Approval of a response contractor by the office 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 office every two years pursuant to WAC 317-10-094. Reapproval applications shall be submitted sixty calendar days in advance of the approval expiration date.
(5) An approved contractor shall notify the office 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 office will be considered written notice for the purposes of this subsection. Failure to notify the office may result in loss of approval status. Upon notification, the office may review and modify 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: ESHB 1027. 91-22-086, § 317-10-096, filed 11/5/91, effective 1/1/92.]
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317-10-098
Severability.
If any provision of this chapter is held invalid, the remainder of the rule is not affected.
[Statutory Authority: ESHB 1027. 91-22-086, § 317-10-098, filed 11/5/91, effective 1/1/92.]