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

(a) A person may apply to the department for registration as an oil spill primary response action contractor. The department shall adopt regulations governing the registration and approval of oil spill primary response action contractors. Regulations adopted by the department und…

(a) A person may not cause or permit the operation of an oil terminal facility in the state unless the person has furnished to the department, and the department has approved, proof of financial ability to respond in damages. Proof of financial responsibility required for a crude…

(a) The dollar amounts in AS 46.04.040 change, as provided in this section, according to and to the extent of changes in the Consumer Price Index for all urban consumers for the Anchorage metropolitan area compiled by the Bureau of Labor Statistics, United States Department of La…

Notwithstanding AS 46.04.040, the department may, with respect to noncrude oil operations, approve proof of financial responsibility by a person, other than the applicant, who does not agree to be subject to a direct action in the state or to appoint an agent for service of proce…

(a) The provisions of AS 46.04.030, 46.04.040, and 46.04.060 do not apply to an oil terminal facility that has an effective storage capacity of less than 5,000 barrels of crude oil or less than 10,000 barrels of noncrude oil. (b) The provisions of AS 46.04.030 and 46.04.040 do no…

(a) A person may not operate a nontank vessel within the waters of the state or cause or permit the transfer of oil to or from a nontank vessel unless the person has furnished to the department and the department has approved proof of financial ability to respond to damages meeti…

(a) In addition to other rights of access or inspection conferred upon the department by law or otherwise, the department may at reasonable times and in a safe manner enter and inspect oil terminal facilities, pipelines, exploration and production facilities, tank vessels, and oi…

In addition to other rights of access or examination conferred upon the department by law or otherwise, to ensure compliance with the provisions of this chapter relating to oil pollution control, the department may at reasonable times and in a safe manner enter and examine (1) no…

The department shall adopt regulations that are necessary to carry out the purposes of this chapter and that do not conflict with and are not preempted by federal law or regulations.

(a) The commissioner or the adjutant general of the Department of Military and Veterans' Affairs may request the governor to determine that an actual or imminent occurrence of a catastrophic oil discharge constitutes a disaster emergency under AS 26.23. The commissioner and the a…

The department, when feasible, shall enter into contracts with persons or private organizations to provide the personnel, equipment, or other services or supplies that may be required to carry out this chapter. Contracts under this section are governed by AS 36.30 (State Procurem…

The governor may execute supplementary agreements, reciprocal arrangements, or compacts with any other state or country, subject to the approval, if required by the United States Constitution, of the Congress of the United States, for the purpose of implementing this chapter.

If a conflict occurs between a provision of this chapter, or a regulation, order, decision, or other determination of the department under this chapter, and a charter, ordinance, permit, regulation, franchise, decision, or other determination of a municipality, the provisions of …

(a) The department shall prepare, annually review, and revise as necessary a statewide master oil and hazardous substance discharge prevention and contingency plan. (b) The state master plan prepared under this section must (1) take into consideration the elements of an oil disch…

(a) For any region of the state, the boundaries of which are determined by the commissioner by regulation, in which the department is required to review and approve an oil discharge prevention and contingency plan submitted by a person under AS 46.04.030, the department shall pre…

(a) An environmental covenant is required if the department makes a remedial decision as part of an environmental response project and that environmental response project results in (1) residual contamination remaining in the environment in concentrations that are safe for some, …

(a) An environmental covenant must (1) state that the interest is an environmental covenant executed under AS 46.04.300 — 46.04.390; (2) contain a legally sufficient description of the real property subject to the environmental covenant; (3) describe the activity and use limitati…

(a) An environmental covenant entered into in accordance with AS 46.04.300 — 46.04.390 runs with the land. (b) An environmental covenant is valid and enforceable even if (1) it is not appurtenant to an interest in real property; (2) it can be or has been assigned to a person othe…

(a) A copy of the environmental covenant shall be provided by the persons and in the manner required by the department to (1) each person that signed the environmental covenant; (2) each person holding a recorded interest in the real property subject to the environmental covenant…

(a) An environmental covenant and an amendment or termination of the environmental covenant must be recorded in every recording district in which any portion of the real property subject to the environmental covenant is located. For purposes of indexing, a holder shall be treated…

(a) An environmental covenant is perpetual unless it is (1) by its terms, limited to a specific duration or terminated by the occurrence of a specific event; (2) terminated by consent under AS 46.04.330; (3) terminated under (b), (e), or (g) of this section; (4) terminated by for…

(a) An environmental covenant may be amended or terminated if the amendment or termination is consented to and signed (1) by the department; (2) unless waived by the department, by the current owner of the fee simple of the real property subject to the environmental covenant; (3)…

(a) The department is the administrating agency for AS 46.04.300 — 46.04.390 and is empowered to administer and enforce AS 46.04.300 — 46.04.390 using the civil or administrative authority granted to it in AS 46.03. However, the department may, but is not required to, assume any …

(a) If a legal impediment prevents an environmental covenant from being entered into, an owner of real property shall, after receiving authorization from the department, record a notice of an activity and use limitation into the appropriate public land records. Failure to record …

AS 46.04.300 — 46.04.390 do not authorize a use of real property that is otherwise prohibited under AS 29.40 or AS 38.05.037, by law other than AS 46.04.300 — 46.04.390 regulating use of real property, or by a recorded instrument that has priority over the environmental covenant …

The department shall maintain a registry that contains all environmental covenants and notices of activity and use limitation and any amendment or termination of those instruments. The registry may also contain any other information concerning environmental covenants and notices …

In applying and construing AS 46.04.300 — 46.04.390, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact similar provisions.

In AS 46.04.300 — 46.04.390, (1) “common interest community” means a condominium, cooperative, or other real property with respect to which a person, by virtue of the person's ownership of a parcel of real property, is obligated to pay property taxes or insurance premiums, or pay…

Notwithstanding AS 44.62.330(a)(28), adjudicatory hearing procedures to review permit decisions under this chapter need not conform to AS 44.62.330 — 44.62.630 (Administrative Procedure Act).

In this chapter, unless the context requires otherwise, (1) “barrel” is a measure of capacity equal to the space occupied by 42 U.S. gallons at 60 degrees Fahrenheit; (2) “catastrophic oil discharge” means an oil discharge in excess of 100,000 barrels, or any other discharge whic…