Title 46 — Water, Air, Energy, and Environmental Conservation
22 chapters · 376 sections in this title.
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 [Repealed, § 28 ch 32 SLA 1994.]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[Repealed or reserved.]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…
AS 46.09.010 Report of hazardous substance releases.
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(a) Except as provided in (b) of this section, a person in charge of a vehicle, vessel, or container from which, or a place at which, a hazardous substance is released shall report the release to the department and appropriate public safety agencies promptly after learning of the…
AS 46.09.020 Containment and cleanup of a released hazardous substance.
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(a) A person who causes a release of a hazardous substance shall make reasonable efforts to contain and clean up the hazardous substance promptly after learning of the release, unless the commissioner determines (1) after consulting the United States Environmental Protection Agen…
AS 46.09.030 Disaster emergencies.
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The commissioner of environmental conservation or the adjutant general of the Department of Military and Veterans' Affairs may request the governor to determine that an actual or imminent release of a hazardous substance constitutes a disaster emergency under AS 26.23. The commis…
AS 46.09.040 Hazardous substances containment and cleanup.
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The department may contract with a person or a municipality for personnel, equipment, or services that may be useful to carry out the requirements of this chapter. If the department determines that it is infeasible to contract with a person or a municipality, the department may e…
AS 46.09.050 Compacts authorized.
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The governor may enter into supplementary agreements, reciprocal arrangements, and compacts with another state or country for the implementation of this chapter subject to the approval of the Congress of the United States, if required, under the Constitution of the United States.
AS 46.09.060 Municipalities.
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(a) If a provision of this chapter or of a regulation adopted by the commissioner under this chapter conflicts with the charter, ordinance, or regulation of a municipality, the provisions of this chapter or of the regulation adopted by the commissioner under this chapter prevails…
AS 46.09.070 Regulations.
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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 substances to which this chapter otherwise applies. The co…
AS 46.09.900 Definitions.
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In this chapter, (1) “commissioner” means the commissioner of environmental conservation; (2) “containment and cleanup” includes the direct and indirect efforts associated with the prevention, abatement, containment, or removal of a hazardous substance, and the restoration of the…
AS 46.11.010 Thermal and lighting energy standards for public buildings. [Repealed, § 7 ch 39 SLA 2005.]
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[Repealed or reserved.]
AS 46.11.020 Training of public building maintenance personnel.
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Persons responsible for the maintenance of public buildings designed with energy conservation or production features shall be trained by the Department of Commerce, Community, and Economic Development in the use and operation of those features.
AS 46.11.030 Energy audits. [Repealed, § 10 ch 79 SLA 1983.]
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[Repealed or reserved.]
AS 46.11.040 Applicability of thermal and lighting energy standards to residential buildings.
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State financial assistance may not be approved or granted for the construction of or purchase of a loan for a residential building if construction of the building began after December 31, 1991, unless (1) the building is in compliance with thermal and lighting energy standards; (…
AS 46.11.050 Financing of energy efficient homes and buildings.
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(a) After December 31, 1980, a financial institution shall take into consideration the economic benefits of alternative energy systems, life-cycle energy costs, energy efficient building design, and energy conservation when financing homes and buildings with state financial assis…
AS 46.11.060 Recycling of materials by state agencies.
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(a) A state agency shall to the greatest extent practicable recycle reusable materials, including paper, glass, and cans. (b) The department shall encourage, through cooperative means, the adoption of all available and practicable methods throughout federal, state, and local gove…
AS 46.11.070 Waste reduction and recycling awards for schools.
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(a) In consultation with the Department of Education and Early Development, the department shall establish a waste reduction and recycling awards program under which the department may annually, subject to available funding, award grants of up to $2,000 each to public schools in …
AS 46.11.900 Definitions.
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In this chapter, (1) “alternative energy system” (A) means a source of thermal, mechanical, or electrical energy that is not dependent on oil or gas for the supply of energy for space heating and cooling, refrigeration and cold storage, electrical power, mechanical power, or the …
AS 46.13.010 Secs. 46.13.010 — 46.13.090. Alaska State Emergency Response Commission. [Repealed § 28 ch 32 SLA 1994. For current law, see AS 26.23.071 — 26.23.077.]
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[Repealed or reserved.]
AS 46.13.100 Secs. 46.13.100 — 46.13.900. Hazardous Substance Spill Technology Review Council. [Repealed, § 102 ch 21 SLA 2000.]
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[Repealed or reserved.]
AS 46.14.010 Emission control regulations.
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(a) After public hearing, the department may adopt regulations under this chapter establishing ambient air quality standards, emission standards, or exemptions to implement a state air quality control program required under 42 U.S.C. 7401 — 7671q (Clean Air Act), as amended, and …
AS 46.14.015 Special procedure for more stringent regulations.
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(a) Before the department adopts a regulation described under AS 46.14.010(b), written findings under AS 46.14.010(c) and (d) shall be made available by the department to the public at locations throughout the state that the department considers appropriate. (b) Before the depart…
AS 46.14.020 Classification of stationary sources or emissions units; reporting.
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(a) The department, by regulation, may classify stationary sources or emissions units that, in the department's determination, are likely to cause or contribute to air pollution, according to the levels and types of emissions and other characteristics that relate to air quality. …
AS 46.14.030 State air quality plan.
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Article 2. Emission Control Permit Program. The department shall act for the state in any negotiations relative to the state air quality control plan developed under 42 U.S.C. 7401 — 7671q (Clean Air Act), as amended. The department may adopt regulations necessary to implement th…
AS 46.14.110 Additional contaminant control measures. [Repealed, § 28 ch 74 SLA 1993.]
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[Repealed or reserved.]
AS 46.14.120 Permits for construction, installation, modification, or operation.
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(a) Before constructing, installing, modifying, or establishing a stationary source subject to AS 46.14.130(a), the owner and operator shall obtain a construction permit under this chapter. (b) Except when considered to be in compliance with this chapter under AS 46.14.275 or und…
AS 46.14.130 Stationary sources requiring permits.
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(a) The owner and operator shall obtain a construction permit from the department before beginning actual construction of any one of the following: (1) a new major stationary source; (2) a major modification; (3) a project subject to the construction permitting requirements of 42…
AS 46.14.140 Emission control permit program regulations.
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(a) The department shall adopt regulations to address substantive and procedural elements of the emission control permit program established under this chapter that are not addressed in statute, except elements that relate only to the internal management of the department and do …
AS 46.14.150 Time for submission of operating permit applications.
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(a) The owner and operator of a stationary source required to have an operating permit under this chapter shall submit the required application and other information required by the department by regulation no later than 12 months after the date on which the stationary source bec…
AS 46.14.160 Completeness determination.
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(a) The department shall review every application submitted under this chapter for completeness. To be determined complete, an application must provide the information identified by the department in regulations adopted under AS 46.14.140 and in standard application forms provide…
AS 46.14.170 Administrative actions regarding permits.
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(a) Except as provided in AS 46.14.220 or in regulations adopted under AS 46.14.140(a)(7), after receipt of a complete application, and after notice and opportunity for public comment and hearing, the department shall issue or deny (1) a construction permit within 30 days after t…
AS 46.14.180 Monitoring.
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Monitoring by the owner and operator of stack emissions or ambient air quality shall be required by the department only for purposes of demonstrating compliance with applicable permit program requirements. Monitoring requirements must be reasonable and based on test methods, anal…
AS 46.14.190 Single permit.
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(a) Except as provided in (b) of this section, the department shall issue only a single operating permit to a stationary source, regardless of whether the stationary source contains a single emissions unit or multiple emissions units. (b) The department may, upon request of a sta…
AS 46.14.200 Review of permit action.
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A person who has a private, substantive, legally protected interest under state law that may be adversely affected by the permit action, the owner and operator, or, if a public comment process is required or solicited, a person who participated in the public comment process may r…
AS 46.14.210 General operating permits.
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After notice and opportunity for public comment and hearing, the department may, unless the permit is disapproved by the federal administrator, establish a general operating permit that would be applicable to more than one stationary source determined by the department to be simi…
AS 46.14.211 General minor permits.
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After notice and opportunity for public comment and hearing, the department may establish a general minor permit that would be applicable to more than one stationary source determined by the department to be similar in structure. If authorized by the department, a permit issued u…
AS 46.14.215 Temporary operations.
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For purposes of AS 46.14.130(b), the department may issue a single operating permit under AS 46.14.170, authorizing a stationary source to operate at specific multiple locations in the state for temporary periods of time. A permit described in this section is valid only for the s…
AS 46.14.220 Objection by federal administrator.
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(a) An operating permit may not be issued under this chapter until the federal administrator approves the permit, or until 45 days after a copy of the final draft permit has been provided by the department to the federal administrator, whichever is earlier. If, during the 45-day …
AS 46.14.230 Duration of operating permits.
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(a) An operating permit under this chapter, including an operating permit that contains a compliance schedule, shall be issued for a fixed term of five years after the date of issue, except as provided for temporary operations under AS 46.14.215 or unless a shorter term is reques…
AS 46.14.235 Federal termination, modification, or revocation and reissuance of permits.
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The department shall take measures practicable and otherwise lawful to avoid termination, modification, or revocation and reissuance by the federal administrator of permits issued by the department under this chapter.
AS 46.14.240 Permit administration fees.
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(a) The owner or operator of a stationary source who is required to apply for a permit under AS 46.14.130 shall pay to the department all assessed permit administration fees established under (b) of this section except that the person named in a permit issued under AS 46.14.170 s…
AS 46.14.250 Emission fees.
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(a) A person named as permittee in a permit issued under this chapter shall pay to the department all assessed emission fees established under this section. (b) The department shall establish by regulation an emission fee rate. The rate shall be set on the basis of dollars per to…