Title 46, Water, Air, Energy, and Environmental Conservation

(a) There is imposed an environmental compliance fee on each commercial passenger vessel operating in the marine waters of the state. (b) The fee imposed by (a) of this section for all commercial passenger vessels, other than vessels operated by the state, is a separate fee for e…

(a) Any citizen of the state may commence a civil action (1) against an owner or operator of a large passenger vessel alleged to have violated any provision of this chapter, or (2) against the department where there is an alleged failure to perform any act or duty under this chap…

(a) The commercial passenger vessel environmental compliance fund is created in the general fund. (b) The fund consists of the following, all of which shall be deposited in the fund upon receipt: (1) money received by the department in payment of fees under AS 46.03.480; (2) mone…

The department may engage in efforts to encourage and recognize superior environmental protection efforts made by the owners or operators of commercial passenger vessels that exceed the requirements established by law.

AS 46.03.460 — 46.03.490 do not apply to a commercial passenger vessel that operates in the marine waters of the state solely in innocent passage. For purposes of this section, a vessel is engaged in innocent passage if its operation in marine waters of the state, regardless of w…

The department may engage in the following activities relating to commercial passenger vessels operating in the marine waters of the state: (1) direct in-water monitoring of discharges or releases of sewage, graywater, and other wastewater and direct monitoring of the opacity of …

In AS 46.03.460 — 46.03.490, (1) “agent for service of process” means an agent upon whom process, notice, or demand required or permitted by law to be served upon the owner or operator may be served; (2) “commercial passenger vessel” means a vessel that carries passengers for hir…

(a) When a law enforcement officer or team of law enforcement officers, qualified under federal regulations to investigate and dismantle illegal drug manufacturing sites, determines that a site constitutes an illegal drug manufacturing site, the primary law enforcement agency tha…

(a) Until determined to be fit for use under AS 46.03.550, the property for which a notice has been issued under AS 46.03.500(a) may not be transferred, sold, leased, or rented to another person except as provided in (b) of this section, and a person may not use or occupy the pro…

(a) If the owner of the property for which notice was received under AS 46.03.500(b) desires to determine if the property is fit for use, the owner shall cause the site to be sampled and tested for the substances covered in regulations adopted under AS 46.03.530, using the proced…

(a) Property for which a notice was received under AS 46.03.500(b) is not fit for use if sampling and testing of the property under AS 46.03.520 shows the presence of substances for which the department has set a limit under (b) of this section. (b) The Department of Public Safet…

(a) If the owner desires to decontaminate the property for which a notice has been issued under AS 46.03.500, the owner shall follow the guidelines established by the department under (b) of this section. (b) The department shall establish guidelines for decontamination of sites …

(a) Property for which a notice has been issued under AS 46.03.500 shall be determined by the department to be fit for use if the owner certifies to the department under penalty of unsworn falsification in the second degree that (1) based on sampling and testing procedures establ…

The owner of property for which a notice was received under AS 46.03.500(b) shall ensure that the property is vacated and secured against use (1) within four days after receiving the notice if the owner does not test the property under AS 46.03.520 within four days after receivin…

The department shall adopt regulations implementing AS 46.03.500 — 46.03.599.

In AS 46.03.500 — 46.03.599, (1) “illegal drug manufacturing site” means property on which there is reasonable cause to suspect contamination with chemicals associated with the manufacturing of a controlled substance and where (A) activity involving the unauthorized manufacture o…

A person may not pollute or add to the pollution of the air, land, subsurface land, or water of the state.

(a) Except as otherwise provided in this section, a person may not sell or use TBT-based marine antifouling paint or coating in the state, nor may a person sell, rent, or lease in the state, or import into the state, or use in state water, a vessel, fishing gear, or other item in…

(a) [Repealed, § 12 ch 136 SLA 2004.] (b) A person may not construct, extend, install, or operate a public water supply system, or any part of a public water supply system, until plans for it are submitted to the department for review and the department approves them in writing. …

A person may not spray or apply, or cause to be sprayed or applied dichloro-diphenyl-trichloroethane (DDT), dieldrin, or other pesticide or broadcast chemical in a manner that may cause damage to or endanger the health, welfare, or property of another person, or in a manner that …

A person may not discharge, cause to be discharged, or permit the discharge of petroleum, acid, coal or oil tar, lampblack, aniline, asphalt, bitumen, or a residuary product of petroleum, into, or upon the waters or land of the state except in quantities, and at times and locatio…

(a) A person commits the crime of reckless operation of a tank vessel when, by recklessly operating, navigating, or piloting a tank vessel, the person causes a release of a hazardous substance and the release causes serious physical injury to another person or damage to the prope…

(a) A person commits the crime of negligent operation of a tank vessel when, by operating, navigating, or piloting a tank vessel with criminal negligence, the person creates an unjustifiable risk of a release of a hazardous substance or an unjustifiable risk of harm to a person o…

In AS 46.03.742 — 46.03.744, (1) “hazardous substance” has the meaning given in AS 46.03.826; (2) “tank vessel” means (A) a vessel that is constructed or adapted to carry, or that carries, as a means of transportation by water, a hazardous substance in bulk as cargo or cargo resi…

Except for a controlled release, the reporting of which is the subject of an agreement with the commissioner under AS 46.09.010(b), a person may not cause or permit the release of a hazardous substance as defined in AS 46.09.900.

(a) Except as provided in (b) of this section, a person may not cause or permit the discharge of ballast water from a cargo tank of a tank vessel into the waters of the state. A tank vessel may not take on petroleum or a petroleum product or by-product as cargo unless it arrives …

(a) A person in charge of a facility, operation, or vessel, as soon as the person has knowledge of any discharge from the facility, operation, or vessel in violation of AS 46.03.740 or 46.03.750, shall immediately notify the department of the discharge. (b) Notwithstanding (a) of…

(a) The legislature finds that (1) recent information discloses that the discharge of oil may cause significant short and long-term damage to the state's environment; even minute quantities of oil released to the environment may cause high mortalities among larval and juvenile fo…

(a) A person who is found to be liable under any other state law for an unpermitted discharge of crude oil in excess of 18,000 gallons is, in addition to liability for any other penalties or for damages or the cost of containment and cleanup, liable to the state in a civil action…

(a) A person who violates or causes or permits to be violated a provision of this chapter other than AS 46.03.250 — 46.03.313, or a provision of AS 46.04 or AS 46.09, or a regulation, a lawful order of the department, or a permit, approval, or acceptance, or term or condition of …

(a) The department may assess an administrative penalty against an entity that violates or causes or permits to be violated a provision of AS 46.03.720(b) or a term or condition of a regulation, order, permit, approval, or certificate of the department issued or adopted under AS …

In an action to impose civil penalties under AS 46.03.758, 46.03.759, or 46.03.760 for a discharge of oil, the state may recover full reasonable attorney fees and costs incurred by the state in maintaining the action.

The superior court has jurisdiction to enjoin a violation of this chapter, AS 46.04, AS 46.09, AS 46.14, or of a regulation, a lawful order of the department, or permit, approval, or acceptance, or term or condition of a permit, approval, or acceptance issued under this chapter, …

A vessel that is used in or in aid of a violation of AS 46.03.740 — 46.03.750 may be detained after a valid search by the department, an agent of the department, a peace officer of the state, or an authorized protection officer of the Department of Fish and Game. Upon judgment of…

(a) A person who violates a provision of this chapter, AS 46.04, AS 46.09, or AS 46.14, or who fails to perform a duty imposed by this chapter, AS 46.04, AS 46.09, or AS 46.14, or violates or disregards an order, permit, or other determination of the department made under the pro…

(a) Except as provided in (d) of this section, a person is guilty of a class A misdemeanor if the person with criminal negligence (1) violates a provision of this chapter, AS 46.04, AS 46.09, or AS 46.14, a regulation or order of the department, or a permit, approval, or acceptan…

(a) A person is guilty of creating or maintaining a nuisance if the person puts a dead animal carcass, or part of one, excrement, or a putrid, nauseous, noisome, decaying, deleterious, or offensive substance into, or in any other manner befouls, pollutes, or impairs the quality o…

(a) A person is guilty of creating or maintaining a nuisance if the person (1) places or deposits upon a lot, street, beach, or premises, or upon or anywhere within 200 feet of a public highway, any garbage, offal, dead animals, or any other matter or thing that would be obnoxiou…

(a) When the department finds, after investigation, that a person is causing, engaging in, or maintaining a condition or activity that, in the judgment of its commissioner presents an imminent or present danger to the health or welfare of the people of the state or would result i…

(a) Notwithstanding any other provision or rule of law and subject only to the defenses set out in (b) of this section, the exceptions set out in (i), (m), and (o) of this section, the exception set out in AS 09.65.240, and the limitation on liability provided under AS 46.03.825,…

(a) A person who is a response action contractor with respect to a release or threatened release of a hazardous substance other than oil whose acts or omissions are not contrary to a response plan or order by a state or federal agency having jurisdiction over the release or threa…

Damages include but are not limited to injury to or loss of persons or property, real or personal, loss of income, loss of the means of producing income, or the loss of an economic benefit.

(a) A response action contractor who responds to a release or threatened release of oil is not civilly liable for removal costs or damages that result from an act or omission in the course of providing care, assistance, or advice (1) consistent with a contingency plan (A) approve…

In AS 46.03.822 — 46.03.828, (1) “act of God” means an act of nature which is unforeseeable in kind or degree; (2) “economic benefit” means a benefit measurable in economic terms, including but not limited to the gathering, catching, or killing of food or other items utilized in …

The provisions of AS 46.03.822 — 46.03.828 do not abridge or alter a right of action or remedy under another statute, in equity, or at common law. However, an award of damages to a person or the state on a cause of action for an injury under AS 46.03.822 bars recovery in an actio…

(a) A person may not operate a petrochemical facility or a hazardous waste disposal site unless the person has furnished proof to the commissioner of financial ability to control a hazardous waste that will be used in, produced by, or disposed of at the facility or the site. Proo…