Title 46 — Water, Air, Energy, and Environmental Conservation
22 chapters · 376 sections in this title.
AS 46.04.310 Validity of environmental covenant; effect on other instruments.
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(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…
AS 46.04.315 Notice of environmental covenant.
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(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…
AS 46.04.320 Recording of environmental covenant.
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(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…
AS 46.04.325 Duration; modification or termination of environmental covenant by administrative or court action.
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(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…
AS 46.04.330 Amendment or termination of environmental covenant by consent.
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(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)…
AS 46.04.335 Enforcement of environmental covenant.
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(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 …
AS 46.04.340 Notice of activity and use limitation.
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(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 46.04.345 Relationship to other land-use law.
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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 …
AS 46.04.350 Registry.
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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 …
AS 46.04.355 Uniformity of application and construction.
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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.
AS 46.04.390 Definitions.
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Article 4. General 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 taxe…
AS 46.04.890 Applicability of Administrative Procedure Act.
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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).
AS 46.04.900 Definitions.
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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…
AS 46.06.010 Powers of the department.
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The department shall (1) serve as the coordinating agency among public and private organizations in the state that are involved in the control, reduction, and recycling of litter; (2) assist local governments in the adoption and amendment of ordinances relating to the control, re…
AS 46.06.020 Annual report. [Repealed, § 6 ch 37 SLA 1987.]
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[Repealed or reserved.]
AS 46.06.021 Solid and hazardous waste management practices.
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In order to minimize present and future threats to human health and the environment in the state, the department shall promote the following solid and hazardous waste management practices in the following order of priority: (1) waste source reduction; (2) recycling of waste; (3) …
AS 46.06.030 Advisory council. [Repealed § 6 ch 37 SLA 1987.]
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[Repealed or reserved.]
AS 46.06.031 Solid and hazardous waste reduction and recycling program.
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(a) There is established within the department a solid and hazardous waste reduction and recycling program. Within the limit of funds available, the department shall (1) coordinate community and agency efforts to reduce the production of solid and hazardous waste, including air a…
AS 46.06.040 Public awareness; motivation. [Repealed § 6 ch 37 SLA 1987.]
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[Repealed or reserved.]
AS 46.06.041 Community solid waste management planning grants.
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(a) A community solid waste management planning grant account is established in the general fund. It consists of appropriations made to it. (b) The department may issue matching grants from money in the account to a municipality, to an unincorporated community, to an organization…
AS 46.06.050 Litter receptacles and anti-litter symbol.
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(a) The department shall designate one or more types and sizes of litter receptacles for use in the state. The department shall designate and make available for distribution throughout the state an anti-litter symbol of a uniform color and design adopted by the department. This a…
AS 46.06.060 Litter bags.
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The department may design and have produced a litter bag bearing the state anti-litter symbol and a statement of the penalties for littering in the state. The department may make litter bags available for this purpose to the administrative component of the Department of Administr…
AS 46.06.070 Litter patrol.
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(a) The department may establish a youth litter patrol program for the employment of young people on a seasonal basis. The department shall cooperate with federal, state, or municipal programs that either employ young people or encourage their employment. The department may contr…
AS 46.06.080 Littering prohibited.
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(a) A person may not throw, drop, deposit, discard, or otherwise dispose of litter from a vehicle or otherwise, on public or private property in the state or in waters in the state or under state jurisdiction unless (1) the property is designated by a state agency or municipality…
AS 46.06.090 Prohibited beverage containers; packaging requirements.
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(a) A person may not sell or offer to sell a nonglass beverage container that is designed and constructed so that the container is opened by detaching a metal ring or tab. This section does not apply to a beverage container that is opened by a detachable piece of tape, foil, or o…
AS 46.06.095 Coding required.
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(a) A person may not manufacture, sell, or offer to sell a plastic bottle or a rigid plastic container unless a code that identifies the type of resin used to produce the bottle or container and that complies with (b) of this section is molded into or imprinted on or near the bot…
AS 46.06.100 Notice to public.
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The penalties imposed for littering shall be posted along the public highways of the state, at visitor centers, at entrances to state parks and recreational areas, at public beaches, and other publicly owned public places the commissioner determines necessary to accomplish the pu…
AS 46.06.110 Enforcement authority.
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(a) The following persons are authorized to enforce the provisions of this chapter: (1) a state employee authorized by the commissioner; and (2) a peace officer. (b) The department shall prescribe a citation form, which shall be used by all peace officers and persons in the state…
AS 46.06.120 Grants.
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The department may make grants to state agencies, to municipalities, and to private organizations including nonprofit organizations for the establishment and operation of programs authorized under this chapter. A grant under this section may not exceed 18 months. A program qualif…
AS 46.06.130 Conditions for grants.
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(a) The department shall adopt regulations under AS 44.62 (Administrative Procedure Act) that establish (1) eligibility requirements for applicants for a grant under AS 46.06.120; (2) standards for the evaluation of proposals submitted by applicants for grants under AS 46.06.120;…
AS 46.06.140 Federal requirements.
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If a federal department or agency issues a formal ruling that a section of this chapter will prevent the state from receiving federal financial participation in a program or activity established under this chapter, the section does not apply to the extent that it causes the progr…
AS 46.06.150 Definitions.
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In this chapter, (1) “beverage container” means the individual, separate, sealed glass, metal or plastic bottle, can, jar or carton containing beer or other malt beverages or carbonated soft drinks, in liquid form; (2) “commissioner” means the commissioner of environmental conser…
AS 46.07.010 Statement of purpose.
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It is the purpose of this chapter to establish a program designed to provide safe water and hygienic sewage disposal facilities in villages in the state.
AS 46.07.020 Provision of facilities.
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The commissioner shall institute and carry out a program to provide for the installation of safe water and hygienic sewage disposal facilities in villages in the state that are necessary to assure that there will be at least one facility for safe water and hygienic sewage disposa…
AS 46.07.030 Nature and location of facilities.
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(a) A facility constructed under authority of this chapter shall be available for use by the public and shall be designed to assure year-round use. The facility shall include, at a minimum, a source of clean water, such as a well with pumping facilities or utilization of surface …
AS 46.07.040 Construction of facilities.
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(a) The commissioner shall provide for the construction of facilities under this chapter, and is authorized to provide for the construction by contract or through grants to public agencies or private nonprofit organizations, or otherwise. A contribution toward the cost of the con…
AS 46.07.050 Operation of facilities.
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(a) It is the responsibility of the village governing body to maintain and operate the safe water and hygienic sewage disposal facility, and upon completion of the facility the commissioner shall execute the necessary transfers of title to vest complete ownership of the facility …
AS 46.07.060 Educational and informational program.
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The commissioner shall conduct, in each village where there is located a safe water and hygienic sewage disposal facility, an appropriate educational and informational program designed to familiarize the residents of the village as to the health advantages to be achieved by the u…
AS 46.07.070 Economy of administration.
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In order to prevent duplication of effort and to promote economy of administration, the commissioner shall, to the maximum extent feasible, utilize the facilities of appropriate public agencies in the administration of the provisions of this chapter.
AS 46.07.080 Definitions.
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In this chapter, (1) “commissioner” means the commissioner of environmental conservation; (2) “village” means (A) a second class city; (B) a first class city with a population of less than 1,000; (C) a home rule municipality with a population of less than 1,000; (D) the Annette I…
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…