Title 46 — Water, Air, Energy, and Environmental Conservation
22 chapters · 376 sections in this title.
AS 46.03.758 Civil penalties for discharges of oil.
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(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…
AS 46.03.759 Civil penalties for discharges of crude oil.
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(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…
AS 46.03.760 Civil action for pollution; damages.
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(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 …
AS 46.03.761 Administrative penalties.
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(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 …
AS 46.03.763 Attorney fees and costs.
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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.
AS 46.03.765 Injunctions.
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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, …
AS 46.03.770 Detention of vessel without warrant as security for damages.
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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…
AS 46.03.780 Liability for restoration.
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(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…
AS 46.03.790 Criminal penalties.
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(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…
AS 46.03.800 Water nuisances.
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(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…
AS 46.03.810 Air and land nuisances.
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(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…
AS 46.03.820 Emergency powers.
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(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…
AS 46.03.822 Liability for the release of hazardous substances.
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(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,…
AS 46.03.823 Hazardous substance response action contractors.
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(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…
AS 46.03.824 Damages.
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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.
AS 46.03.825 Oil spill response action contractors.
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(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…
AS 46.03.826 Definitions for AS 46.03.822 — 46.03.828.
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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 …
AS 46.03.828 Other rights of action not affected.
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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…
AS 46.03.830 Proof of financial responsibility required for petrochemical facility or hazardous waste disposal site operation.
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(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…
AS 46.03.833 Compliance with financial responsibility requirements.
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(a) A person whose proof of financial responsibility is accepted by the department under AS 46.03.830 or 46.03.100(f) shall notify the department at least 90 days before the effective date of a change in, or expiration or cancellation of, the proof of financial responsibility. Ap…
AS 46.03.840 Radiation penalties. [Repealed, § 12 ch 172 SLA 1978. For current provisions, see AS 18.60.475 — 18.60.545.]
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[Repealed or reserved.]
AS 46.03.850 Compliance order.
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Article 11. General Provisions. (a) When, in the opinion of the department, a person is violating or is about to violate a provision of this chapter, AS 46.04, or AS 46.14, or a regulation or lawful order of the department, or a permit or certificate, or a term or condition of a …
AS 46.03.860 Inspection warrant.
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The department may seek search warrants for the purpose of investigating actual or suspected sources of pollution or contamination or to ascertain compliance or noncompliance with AS 46.14 or this chapter or a regulation adopted under AS 46.14 or this chapter.
AS 46.03.865 Authority of department in cases of emergency.
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(a) When the department finds that an actual or imminent discharge of oil, a hazardous substance, or low level radioactive materials to the air, water, land, or subsurface land of the state poses an immediate threat to the public health or welfare or the environment of the state,…
AS 46.03.870 Actionable rights.
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(a) Except as specified in AS 46.03.822 — 46.03.828, the bases for proceedings or actions resulting from violations of this chapter or a regulation adopted under this chapter inure solely to and are for the benefit of the state, and are not intended to in any way create new or en…
AS 46.03.875 Remedies cumulative.
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All remedies provided by this chapter, AS 46.04, or AS 46.14 are cumulative, and the securing of relief, whether injunctive, civil, or criminal, under a section of this chapter, AS 46.04, or AS 46.14 does not stop the state from obtaining relief under any other section of this ch…
AS 46.03.880 Applicability of the Administrative Procedure Act.
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(a) Except as otherwise specifically provided in this chapter, AS 44.62 (Administrative Procedure Act) governs the activities and the proceedings of the department. (b) Notwithstanding AS 44.62.330(a)(25), adjudicatory hearing procedures to review permit decisions under this chap…
AS 46.03.890 Enforcement authority.
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(a) The following persons are authorized to enforce this chapter: (1) a state employee authorized by the commissioner; (2) a police officer of the state. (b) Inspection and enforcement employees of the department designated by the commissioner are peace officers in the performanc…
AS 46.03.900 Definitions.
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In this chapter, (1) “air contaminant” means dust, fumes, mist, smoke, other particulate matter, vapor, gas, odorous substances or a combination of these; (2) “air pollution” means the presence in the outdoor atmosphere of one or more air contaminants in quantities and duration t…
AS 46.04.010 Reimbursement for cleanup expenses.
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The department shall promptly seek reimbursement under AS 46.03.760(d), AS 46.08.070, or from an applicable federal fund, for the expenses it incurs in cleaning up or containing a discharge of oil. If the department obtains reimbursement for a portion of its expenses from a feder…
AS 46.04.020 Removal of oil discharges.
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(a) A person causing or permitting the discharge of oil shall immediately contain and clean up the discharge. The department may waive this requirement (1) if it determines, in consultation with the United States Coast Guard or the United States Environmental Protection Agency, a…
AS 46.04.025 Confidential information.
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The department may maintain the confidentiality of a manufacturer's proprietary technical information relating to chemical and biological agents used to control or mitigate the effects of an oil discharge. The department may refuse to release the information unless the manufactur…
AS 46.04.030 Oil discharge prevention and contingency plans.
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(a) A person may not cause or permit the operation of an oil terminal facility in the state unless an oil discharge prevention and contingency plan for the facility has been approved by the department and the person is in compliance with the plan. (b) A person may not cause or pe…
AS 46.04.035 Registration of oil spill response action contractors.
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(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…
AS 46.04.040 Proof of financial responsibility.
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(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…
AS 46.04.045 Adjustment of dollar amounts.
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(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…
AS 46.04.047 Noncrude oil operations.
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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…
AS 46.04.050 Exemptions.
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(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…
AS 46.04.055 Nontank vessels and railroad tank cars.
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(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…
AS 46.04.060 Inspections.
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(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…
AS 46.04.065 Compliance verification for nontank vessels and for trains and related facilities and operations.
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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…
AS 46.04.070 Scope of regulations.
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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.
AS 46.04.080 Catastrophic oil discharges.
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(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…
AS 46.04.090 Oil discharge cleanup personnel, equipment, expenses.
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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…
AS 46.04.100 Compacts authorized.
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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.
AS 46.04.110 Municipal powers limited.
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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 …
AS 46.04.200 State master plan.
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(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…
AS 46.04.210 Regional master plan.
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Article 3. Uniform Environmental Covenants Act. (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 per…
AS 46.04.300 Environmental covenant.
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(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, …
AS 46.04.305 Contents of environmental covenant.
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(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…