Title 46 — Water, Air, Energy, and Environmental Conservation
22 chapters · 376 sections in this title.
AS 46.08.005 Purpose of fund; description of accounts.
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The legislature finds and declares that the release of oil or hazardous substances into the environment presents a real and substantial threat to the public health and welfare, to the environment, and to the economy of the state. The legislature therefore concludes that it is in …
AS 46.08.010 Fund established.
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(a) There is established in the state general fund the oil and hazardous substance release prevention and response fund. The fund shall be administered by the commissioner. The fund is composed of two accounts, (1) the oil and hazardous substance release prevention account; (2) t…
AS 46.08.020 Financing of the oil and hazardous substance release prevention account; prevention mitigation account.
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(a) The legislature may appropriate from the following sources to the prevention account in the fund: (1) the annual estimated balance of the account maintained under AS 37.05.142 for deposits into the general fund of the proceeds of the oil conservation surcharge levied by AS 43…
AS 46.08.025 Financing of the oil and hazardous substance release response account; release mitigation account.
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(a) The legislature may appropriate from the following sources to the oil and hazardous substance release response account in the fund: (1) the annual estimated balance of the account maintained under AS 37.05.142 for deposit into the general fund of the proceeds of the oil conse…
AS 46.08.030 Intent concerning the abatement of oil or hazardous substance releases.
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It is the intent of the legislature and declared to be the public policy of the state that funds for the abatement of a release of oil or a hazardous substance will always be available.
AS 46.08.040 Uses of the fund.
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(a) In addition to money in the response account of the fund that is transferred to the commissioner of commerce, community, and economic development to make grants under AS 29.60.510 and to pay for impact assessments under AS 29.60.560, the commissioner of environmental conserva…
AS 46.08.045 Use of the response account; declared disasters.
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(a) The commissioner may use money from the response account in the fund to respond to a release or threatened release when the governor declares a disaster related to an oil or hazardous substance discharge emergency under AS 26.23.020(c). During the effective period of the disa…
AS 46.08.050 Records of the fund.
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(a) The department shall maintain accounting records showing the income and expenses of the fund. (b) A department that is appropriated or allocated money from the fund, either directly or through a reimbursable service agreement with the Department of Environmental Conservation,…
AS 46.08.060 Report.
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(a) The commissioner shall make available a report to the legislature not later than the 10th day following the convening of each first regular session of the legislature. The commissioner shall notify the legislature that the report is available. The report may include informati…
AS 46.08.070 Reimbursement for containment and cleanup.
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(a) Except as provided in (e) of this section, the commissioner shall seek reimbursement promptly under this section, AS 46.03.760(d), or federal law for the cost incurred in the cleanup or containment of oil or a hazardous substance that has been released. (b) The attorney gener…
AS 46.08.075 Liens against property as security for state expenditures.
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(a) The state has a lien for expenditures by the state from the fund, or from any other state fund, for the costs of response, containment, removal, or remedial action resulting from an oil or hazardous substance release, or, with respect to response costs, for the costs of respo…
AS 46.08.080 Regulations.
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Article 2. Oil and Hazardous Substance Response Office. The commissioner shall periodically review the minimum quantities of hazardous substances established under federal law and may adopt regulations establishing minimum quantities of substances for all or any portion of the su…
AS 46.08.100 Office established.
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There is established in the department the oil and hazardous substance response office. The office shall include a director and employees who are specially trained in programs and technologies related to the containment and cleanup of releases or threatened releases of oil and ha…
AS 46.08.110 Secs. 46.08.110 , 46.08.120. Response corps; response depots. [Repealed, § 28 ch 32 SLA 1994.]
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[Repealed or reserved.]
AS 46.08.130 Duties of the office.
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(a) The office shall be prepared to respond promptly to a discharge of oil or a hazardous substance. (b) The office may respond under (a) of this section to an oil or hazardous substance discharge only if (1) the oil discharge is a catastrophic oil discharge that constitutes an e…
AS 46.08.140 Emergency powers and rights of property owners.
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(a) When the office has reasonable grounds to believe that a release of oil or a hazardous substance has occurred or is threatened to occur which, in the judgment of its director, presents an imminent or present danger to the health or welfare of the people of the state or would …
AS 46.08.150 Contracts.
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The department may enter into agreements with agencies of the state and federal government, political subdivisions, the University of Alaska, or private persons or entities to conduct research into oil and hazardous substances spill technology.
AS 46.08.160 Limitation of liability.
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The state, an employee of the state, and a member of the corps are not liable for costs or damages as a result of actions taken under AS 46.08.100 — 46.08.190 in response to a release or threatened release unless the actions taken by the state, the employee, or the member of the …
AS 46.08.190 Definition of “office” for AS 46.08.100 — 46.08.190.
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Article 3. General Provisions. In AS 46.08.100 — 46.08.190, “office” means the oil and hazardous substance response office.
AS 46.08.900 Definitions.
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In this chapter, (1) “capital improvement” includes construction, renovation, repair of, and improvement to, a building, but does not include other improvements to real property, such as construction of a dike or retaining wall; (2) “commissioner” means the commissioner of enviro…