Title 46 — Water, Air, Energy, and Environmental Conservation
22 chapters · 376 sections in this title.
AS 46.17.010 Purpose.
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It is the purpose of this chapter to provide for the regulation, supervision, and periodic inspection by the department of privately owned and state-owned dams, reservoirs, and appurtenant works in order to ensure that the design, construction, enlargement, alteration, repair, ma…
AS 46.17.020 Administration and staffing.
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The department shall supervise the safety of dams and reservoirs. The department shall employ a licensed and qualified engineer, experienced in the design and construction of dams and reservoirs, and other employees necessary for performing the duties under this chapter. Under AS…
AS 46.17.030 Regulations and orders.
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The department shall adopt regulations and issue orders necessary to carry out this chapter.
AS 46.17.040 Approval required.
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(a) Except in the performance of routine maintenance and operations not affecting structural safety, a person may not construct, enlarge, repair, alter, remove, maintain, operate, or abandon a dam or reservoir without the approval of the department. (b) The owner of a dam or rese…
AS 46.17.050 Inspections.
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At least once every five years the department shall inspect every dam and reservoir that is subject to this chapter. The department may require the owner of a dam or reservoir to perform the required inspection, according to the department's inspection standards, using a qualifie…
AS 46.17.060 Entry upon property.
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(a) If the department has given two weeks' written notice of intent to inspect a dam or reservoir and the owner refuses to allow the inspection, the department may seek a search warrant to allow the inspection. If the department has been refused inspection of drawings, operationa…
AS 46.17.070 Determining danger.
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In determining whether a dam or reservoir, or proposed dam or reservoir, constitutes or would constitute a danger to life or property, the department shall consider whether the structural integrity of the dam or reservoir might be endangered by overtopping, seepage, settlement, e…
AS 46.17.080 Injunction and damages.
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With the assistance of the attorney general, the department may seek an injunction and damages in the enforcement of this chapter, a department order issued under this chapter, or a regulation adopted under AS 46.17.030.
AS 46.17.090 Judicial review.
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A final action of the department under this chapter is subject to judicial review as provided in AS 44.62 (Administrative Procedure Act).
AS 46.17.100 Other government agencies.
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(a) The department may enter into cooperative agreements with municipalities and other state and federal agencies to carry out this chapter. (b) If the action would conflict with the powers and duties vested in the department, a municipality may not (1) regulate, supervise, inspe…
AS 46.17.110 Action against state for damages.
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(a) Except as provided in (b) of this section, a person may not bring an action against the state, the department, or agents or employees of the state, for the recovery of damages caused by the partial or total failure of a dam or reservoir, or by the operation of a dam or reserv…
AS 46.17.120 Duties of owner.
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This chapter does not relieve an owner of a dam or reservoir of the duties or liabilities incident to the ownership or operation of the dam or reservoir.
AS 46.17.150 Penalties.
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(a) A person is guilty of a class A misdemeanor if the person knowingly (1) violates a provision of this chapter, (2) violates the terms of an approval, order, regulation, or requirement of the department under this chapter; or (3) obstructs, hinders, or prevents the department's…
AS 46.17.900 Definitions.
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In this chapter, unless the context requires otherwise, (1) “alteration” means only an alteration that might directly affect the safety of the dam or reservoir, as determined by the department; (2) “appurtenant works” includes structures including spillways, either in a dam or se…