18 AAC 53.140 - Defenses for violation
(a) Subject to (b) of this section, the
following is a defense for a violation of
18 AAC 53.005(d)
(1) - (5):
(1) the person can demonstrate that the
violation was not caused by that person or that person's employee or agent;
and
(2) the oxygen content stated
in the product transfer document meets the requirements of
18 AAC 53.020 for the current
control period.
(b) A
person seeking to assert a defense under this section who is not a retailer or
wholesale purchaser-consumer must, in addition to meeting the requirements of
(a) of this section, demonstrate that
(1) the
oxygen content was not misrepresented in the product transfer document or
otherwise; and
(2) that person
conducted a quality assurance sampling and testing program as described in
18 AAC 53.160 at or before the
time the violation occurred.
(c) In defense of a violation found at a
facility operating under the corporate, trade, or brand name of a refiner, a
refiner must show, in addition to the defense in (a) of this section, that the
violation was caused by
(1) another person who
violated a law, other than 18 AAC 50 or this chapter, including an act of
sabotage or vandalism;
(2) the
action of a reseller, distributor, oxygenate blender, carrier, or a retailer or
wholesale purchaser-consumer who violated a contractual obligation imposed by
the refiner that was designed to prevent the action that caused the violation,
despite periodic sampling and testing by the refiner to ensure compliance with
the contractual obligation; or
(3)
the action of a carrier or other distributor who was not subject to a contract
with the refiner but who is used by the refiner for transportation of gasoline,
that occurred despite the refiner's specification or inspection of procedures
and equipment and the periodic sampling and testing that was reasonably
calculated to prevent that action.
(d) In this section, the term "was not
caused" means that the person can demonstrate by reasonably specific evidence,
either direct or circumstantial, that the violation was caused or must have
been caused by another person.
Notes
Authority:AS 44.46.020
AS 46.03.010
AS 46.03.020
AS 46.14.020
AS 46.14.030
AS 46.14.510
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