173-186-130  <<  173-186-140 >>   173-186-150

WAC 173-186-140

Significant changes to approved plans.

(1) At any point during the five year approval period, if there is a temporary or permanent significant change in the personnel or response equipment described in the plan, the rail plan holder shall:
(a) Notify ecology in writing within twenty-four hours of the change; and
(b) Provide both a schedule for the prompt return of the plan to full operational status and a proposal for any backfill to compensate for the temporary significant change. This proposal shall be reviewed and approved by ecology.
(2) Changes which are considered significant include:
(a) Loss of equipment that results in being out of compliance with any planning standard;
(b) Movement of greater than ten percent of available boom, storage, recovery, in situ burn or shoreline cleanup equipment out of the home base as depicted on the western regional response list (WRRL);
(c) Transfers of equipment to support spill response for out-of-region spills;
(d) Permanent loss of initial response personnel listed in command and general staff incident command system (ICS) positions provided in the plan;
(e) Permanent loss of personnel designated as the binding agreement signer;
(f) Changes in the oil types handled; permanent changes in storage capacity; changes in handling or transporting of an oil product;
(g) Changes in equipment ownership if used to satisfy a rail plan holder planning standard; or
(h) Modification or discontinuation of any mutual aid, letter of intent or contract or letter of agreement.
(3) Notification by facsimile or email will be considered written notice.
(4) Failure to report significant changes in the plan could result in the loss of plan approval.
(5) If the proposed change to the plan is to be made permanent, the rail plan holder then shall have thirty calendar days from notification to ecology to distribute the amended page(s) of the contingency plan to ecology for review and approval.
(6) If ecology finds that, as a result of a change, the plan no longer meets approval criteria; ecology may place the plan into conditional approval or disapprove the plan.
[Statutory Authority: RCW 90.56.210. WSR 16-18-052 (Order 15-14), ยง 173-186-140, filed 8/31/16, effective 10/1/16.]
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