Title 46 — Water, Air, Energy, and Environmental Conservation
22 chapters · 376 sections in this title.
AS 46.14.255 Interest and sanctions for nonpayment.
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(a) The department may assess interest against the owner and operator after a fee is due under this chapter and is unpaid. Interest assessed under this subsection shall be computed at two percentage points higher than the prime rate, as defined in AS 44.88.599, for the day the fe…
AS 46.14.260 Clean air protection fund.
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(a) The clean air protection fund is established. The fund consists of fees collected by the department under AS 46.14.240 and 46.14.250 and under regulations authorized by AS 46.14.140, as required by 42 U.S.C. 7661a(b)(3)(C)(iii) (Clean Air Act, sec. 502(b)(3)(C)(iii)) for stat…
AS 46.14.265 Emission control permit receipts account.
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(a) The emission control permit receipts account is established in the state treasury. Under AS 37.05.146(c), money received by the department in payment of fees under AS 46.14.240 and 46.14.250 and under regulations adopted under AS 46.14.140, other than fees described in AS 46.…
AS 46.14.270 Clean air protection account.
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Civil or criminal penalties, fines, assessments, or damages, and interest, attorney fees, and costs collected as a result of a violation relating to this chapter and interest collected under AS 46.14.255 shall be deposited in the general fund and credited to a special account cal…
AS 46.14.275 Timely and complete application as shield.
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If an owner and operator have submitted a timely and complete application for a permit or a permit renewal, as applicable, but final action has not been taken on the application, the owner's and operator's failure to have an operating permit is not a violation of this chapter unl…
AS 46.14.280 Termination, modification, reopening, or revocation and reissuance of permits by the department.
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(a) After 30 days' written notice to the permittee, the department (1) may terminate, modify, or revoke and reissue a construction, operating, or minor permit if the department finds that (A) the permit was obtained by misrepresentation of material fact or by failure of the owner…
AS 46.14.285 Amendment and modification of permit upon request of permittee.
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(a) A permittee may request (1) a permit amendment that provides for administrative changes to a permit that do not result in material changes in permit terms or conditions, such as changes in the name of the owner or operator, mailing address, registered agent, or assessable emi…
AS 46.14.290 Permit as shield.
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(a) To the extent allowed under 42 U.S.C. 7661c(f) (Clean Air Act, sec. 504(f)), a permittee is considered in compliance with applicable requirements of this chapter, regulations adopted under this chapter and 42 U.S.C. 7401 — 7671q (Clean Air Act) and regulations adopted under i…
AS 46.14.300 Small business assistance program.
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(a) A small business assistance program is established in the department. The department shall include the program in the state air quality control plan developed under 42 U.S.C. 7401 — 7671q (Clean Air Act). (b) The small business assistance program shall, by regulation, meet th…
AS 46.14.310 Power to limit small business assistance program.
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(a) After consultation with the federal administrator and the administrator of the United States Small Business Administration and after providing notice and opportunity for public hearing, the department may exclude from the scope of the small business assistance program establi…
AS 46.14.320 Compliance advisory panel.
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Article 4. Local Programs. (a) There is established in the department a compliance advisory panel whose members shall serve staggered three-year terms. A member may not serve more than two three-year terms consecutively. (b) The panel consists of (1) two members who are not owner…
AS 46.14.400 Local air quality control programs.
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(a) With the approval of the department, a municipality may establish and administer within its jurisdiction a local air quality control program that operates in lieu of and is consistent with all or part of the department's air quality program as established under this chapter. …
AS 46.14.410 Inadequacy of local program.
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Article 5. Miscellaneous Provisions. (a) If a municipality or a local air quality district has an approved local air quality control program and the department determines that the program is being implemented in a manner that fails to meet the terms of the cooperative agreement o…
AS 46.14.500 Air pollution from outer continental shelf activities.
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(a) The department shall seek delegation of authority from the federal administrator to implement and enforce the terms and provisions of 42 U.S.C. 7627 (Clean Air Act, sec. 328) for the Pacific and Arctic Ocean areas offshore of the state. The department may adopt regulations th…
AS 46.14.510 Motor vehicle pollution.
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(a) When the department determines that the state of knowledge and technology may allow or make appropriate the control of emissions from motor vehicles to further air quality control, the department may provide, by regulation, for the control of the emissions from motor vehicles…
AS 46.14.515 Inspection.
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(a) An officer or employee of the department designated by the commissioner or an inspector authorized by the commissioner and certified under regulations adopted under AS 46.14.140(a)(14) may, upon presentation of credentials and at reasonable times with the consent of the owner…
AS 46.14.520 Confidentiality of trade secrets.
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Records, reports, and information, and parts of records, reports, and information, other than emission data, in the department's possession or control are considered confidential records and shall be kept confidential and in separate files if the owner and operator have certified…
AS 46.14.525 Public records.
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Except as provided in AS 46.14.520, permits, permit applications, emissions and monitoring reports, compliance reports, certifications, and monitoring, reporting, and quality assurance plans in the department's possession or control are available to the public for inspection and …
AS 46.14.530 State and federal aid.
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(a) A municipality or local air quality district with a local air quality control program may apply for, receive, administer, and spend state aid for the control of air emissions or the development and administration of the program if an application is first submitted to and appr…
AS 46.14.535 Grants. [Repealed, § 4 ch 20 SLA 2009.]
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[Repealed or reserved.]
AS 46.14.540 Authority of department in cases of emergency.
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(a) When the commissioner finds that an act of God, act of war, act of terrorism, or similar catastrophe necessitates emergency use of an unpermitted emissions unit or emergency use of a permitted emissions unit in a manner not authorized by the permit, the commissioner may waive…
AS 46.14.550 Responsibilities of owner and operator; agent for service.
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Notwithstanding use of the conjunctive or disjunctive in a provision of this chapter, before issuance of a permit under this chapter both the owner and operator of a stationary source are responsible for compliance with this chapter and regulations adopted under this chapter. If …
AS 46.14.560 Unavoidable malfunctions and emergencies.
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Article 6. General Provisions. Excess emissions caused by an unavoidable emergency, a malfunction, or nonroutine repairs of an emissions unit including pollution control equipment or process equipment constitute an affirmative defense, when asserted under regulations adopted unde…
AS 46.14.900 Limitations.
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This chapter does not (1) grant jurisdiction or authority with respect to air contamination existing solely within a residential dwelling or a commercial or industrial plant, workplace, or shop; (2) affect the relations between employers and employees with respect to or arising o…
AS 46.14.990 Definitions.
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In this chapter, (1) “air pollutant” has the meaning given in 42 U.S.C. 7602 (Clean Air Act, sec. 302); (2) “ambient air” has the meaning given in 40 C.F.R. 50.1; (3) “ambient air quality standard” means a standard, other than an emission standard, adopted under AS 46.14.010, 46.…
AS 46.15.010 Determination of water rights.
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The Department of Natural Resources shall determine and adjudicate rights in the water of the state, and in its appropriation and distribution.
AS 46.15.020 Authority and duties of the commissioner.
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Article 2. Appropriation and Use of Water. (a) The commissioner shall exercise all those powers and do all those acts necessary to carry out the provisions and objectives of this chapter. The commissioner may (1) subject to AS 36.30 (State Procurement Code), enter into contractua…
AS 46.15.030 Water reserved to the people.
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Wherever occurring in a natural state, the water is reserved to the people for common use and is subject to appropriation and beneficial use and to reservation of instream flows and levels of water, as provided in this chapter.
AS 46.15.035 Appropriation or removal of water out of hydrologic units to other hydrologic units; water conservation fee; reservation of water for fish.
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(a) Water may not be removed from the hydrologic unit from which it was appropriated to another hydrologic unit, inside or outside the state, without being returned to the hydrologic unit from which it was appropriated nor may water be appropriated for removal from the hydrologic…
AS 46.15.037 Sale of water by the state.
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(a) The commissioner may provide for the sale of water by the state if (1) the water has first been appropriated to the state in accordance with the requirements of this chapter; and (2) the commissioner determines that (A) the water is surplus to needs within the hydrologic unit…
AS 46.15.040 Right to appropriate.
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(a) A right to appropriate water can be acquired only as provided in this chapter. A right to the use of water either appropriated or unappropriated may not be acquired by adverse use or possession. (b) A right to appropriate water shall be obtained by first making application to…
AS 46.15.050 Priority.
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(a) Priority of appropriation gives prior right. Priority of appropriation does not include the right to prevent changes in the condition of water occurrence, such as the increase or decrease of stream flow, or the lowering of a water table, artesian pressure, or water level, by …
AS 46.15.060 Existing rights.
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A water right acquired by law before July 1, 1966 or a beneficial use of water on July 1, 1966, or made within five years before July 1, 1966, or made in conjunction with works under construction on July 1, 1966, under a lawful common law or customary appropriation or use, is a l…
AS 46.15.065 Determination of existing rights.
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(a) A claimant of an existing right under AS 46.15.060 shall file a declaration of appropriation with the commissioner as set out in this section. The declaration shall be considered correct until a certificate of appropriation is issued or denied. Priority of the right dates fro…
AS 46.15.070 [Renumbered as AS 46.15.133.]
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[Repealed or reserved.]
AS 46.15.080 Criteria for issuance of permit.
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(a) The commissioner shall issue a permit if the commissioner finds that (1) rights of a prior appropriator will not be unduly affected; (2) the proposed means of diversion or construction are adequate; (3) the proposed use of water is beneficial; and (4) the proposed appropriati…
AS 46.15.090 Preference in granting permits.
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When there are competing applications for water from the same source, and the source is insufficient to supply all applicants, the commissioner shall give preference first to public water supply and then to the use that alone or in combination with other foreseeable uses will con…
AS 46.15.100 Terms of permit.
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The commissioner may issue a permit for less than the amount of water requested, but in no case for more water than can be beneficially used for the purposes stated in the application. The commissioner may require modification of plans and specifications for the appropriation. Th…
AS 46.15.110 Time for construction and completion.
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A permit may place a time limit for beginning construction and perfecting appropriation. Reasonable extensions of time shall be permitted for good cause shown.
AS 46.15.120 Certificates.
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Upon completion of construction of the works and commencement of use of water, the permit holder shall notify the commissioner that the appropriator has perfected the appropriation. If the commissioner determines that the appropriation has been perfected in substantial accordance…
AS 46.15.130 [Renumbered as AS 46.15.050.]
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[Repealed or reserved.]
AS 46.15.133 Notices; objections.
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(a) If the commissioner proposes a sale of water or receives an application for appropriation or removal, the commissioner shall prepare a notice containing the location and extent of the proposed sale, appropriation, or removal, the name and address of the applicant, if applicab…
AS 46.15.135 [Renumbered as AS 46.15.065.]
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[Repealed or reserved.]
AS 46.15.140 Abandonment, forfeiture, and reversion of appropriations.
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(a) The commissioner may declare an appropriation to be wholly or partially abandoned and revoke or amend the certificate of appropriation as to the unused quantity of water if an appropriator, with intention to abandon, does not make beneficial use of all or a part of the approp…
AS 46.15.145 Reservation of water.
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(a) The state, an agency or a political subdivision of the state, an agency of the United States, or a person may apply to the commissioner to reserve sufficient water to maintain a specified instream flow or level of water at a specified point on a stream or body of water, or in…
AS 46.15.147 [Renumbered as AS 46.15.175.]
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[Repealed or reserved.]
AS 46.15.150 Preferred use.
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(a) An applicant who asserts and proves a preferred use shall be granted a permit and shall be granted preference over other appropriators. A preferred use of water is for a public water supply. (b) To be entitled to a preference an applicant must show that the applicant's use wi…
AS 46.15.155 Authorization for temporary use of water.
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(a) Notwithstanding any contrary provision of this chapter, the commissioner may authorize the temporary use of a significant amount of water, as determined by the department by regulation, for a period of time not to exceed five consecutive years, if the water applied for has no…
AS 46.15.160 Transfer and change of appropriations.
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(a) The right to use water under an appropriation or permit shall be appurtenant to the land or place where it has been or is to be beneficially used, provided, that water supplied by one person to another person's property is not appurtenant to the property unless the parties so…
AS 46.15.165 Administrative adjudications.
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(a) The commissioner may, by order, initiate an administrative adjudication to quantify and determine the priority of all water rights and claims in a drainage basin, river system, ground water aquifer system, or other identifiable and distinct hydrologic regime, including any hy…