Title 46 — Water, Air, Energy, and Environmental Conservation
22 chapters · 376 sections in this title.
AS 46.03.375 Certification of storage tank workers.
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(a) The department shall adopt regulations governing the certification of persons who install, test, close, repair, or significantly change the configuration of underground petroleum storage tanks and tank systems. The certification program shall be administered by the Department…
AS 46.03.380 Registration of tanks and tank systems.
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(a) A person, including a governmental entity or institution, or a public corporation, who intends to install, have installed, return to operation, or acquire ownership of an underground petroleum storage tank or tank system shall, before the installation or return to operation, …
AS 46.03.385 Registration fee.
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(a) At the time of registration under AS 46.03.380, and annually thereafter, the owner or operator shall pay to the department a registration fee for each tank registered unless the owner or operator has notified the department under AS 46.03.395 that the tank has been taken out …
AS 46.03.390 Notification of changes in tank systems.
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An owner or operator who intends to significantly change the configuration of an underground petroleum storage tank system shall notify the department before beginning work on the change by completing and returning to the department a notification form obtained from the departmen…
AS 46.03.395 Notification of tank system closure.
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[Repealed or reserved.]
AS 46.03.400 Registration forms.
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The registration forms required under AS 46.03.380 — 46.03.395 must require information about the geographical location of a tank or tank system, the estimated age of the tanks and tank system, the total capacity, type of construction, internal and external protection, and piping…
AS 46.03.405 Prohibitions.
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A person, including a governmental entity or institution or a public corporation, may not operate an underground petroleum storage tank or tank system unless (1) the tank and tank system are registered with the department as provided in AS 46.03.365 — 46.03.450 or other law; and …
AS 46.03.410 Underground storage tank revolving loan fund. [Repealed, § 2 ch 102 SLA 2006.]
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[Repealed or reserved.]
AS 46.03.415 Tank tightness and site assessment incentive program. [Repealed, § 14 ch 70 SLA 1999.]
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[Repealed or reserved.]
AS 46.03.420 Tank cleanup program. [Repealed, § 21 ch 41 SLA 2002.]
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[Repealed or reserved.]
AS 46.03.422 Tank cleanup loan program. [Repealed, § 2 ch 102 SLA 2006.]
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[Repealed or reserved.]
AS 46.03.430 Tank upgrading and closure program. [Repealed, § 20 ch 41 SLA 2002.]
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[Repealed or reserved.]
AS 46.03.440 Confidentiality of financial records.
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(a) Financial records submitted to the department or to the former Board of Storage Tank Assistance by the owner or operator of an underground petroleum storage tank system are confidential and not subject to inspection or copying under AS 40.25.110 — 40.25.120. The department, i…
AS 46.03.450 Definitions.
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Article 8. Commercial Passenger Vessel Environmental Compliance Program. In AS 46.03.365 — 46.03.450, (1) “chemical” means any substance defined in 42 U.S.C. 9601(14) (sec. 101(14) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980), as amended, …
AS 46.03.460 Program established.
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(a) There is established the commercial passenger vessel environmental compliance program providing for (1) terms and conditions of vessel discharges; (2) independent verification of environmental compliance; and (3) allowing the department to monitor and supervise discharges fro…
AS 46.03.461 Registration requirements.
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(a) Except as provided in AS 46.03.487, each calendar year in which the owner or operator of a commercial passenger vessel intends to operate, or cause or allow to be operated, the vessel in the marine waters of the state, the owner or operator of the vessel shall register with t…
AS 46.03.462 Terms and conditions of discharge permits.
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(a) An owner or operator may not discharge any treated sewage, graywater, or other wastewater from a commercial passenger vessel into the marine waters of the state unless the owner or operator (1) obtains a permit under AS 46.03.100 that complies with the terms and conditions of…
AS 46.03.463 Prohibited discharges; limitations on discharges.
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(a) Except as provided in (h) of this section, a person may not discharge untreated sewage from a commercial passenger vessel into the marine waters of the state. (b) Except as provided in (h) of this section or under a plan for a small commercial passenger vessel approved under …
AS 46.03.464 Advisory panel on wastewater treatment; commissioner's reports to the legislature. [Repealed, § 5 ch 1 SLA 2013.]
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[Repealed or reserved.]
AS 46.03.465 Information-gathering requirements; exemption.
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(a) The owner or operator of a commercial passenger vessel shall maintain daily records related to the period of operation while in the state, detailing the dates, times, and locations, and the volumes and flow rates of any discharges of sewage, graywater, or other wastewaters in…
AS 46.03.470 Record keeping requirements.
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An owner or operator subject to AS 46.03.465 shall record the information required to be gathered under that section and shall maintain the records for three years after the date the information was gathered.
AS 46.03.475 Reporting requirements.
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(a) An owner or operator of a commercial passenger vessel who becomes aware of a discharge in violation of AS 46.03.463 shall immediately report that discharge to the department. There is no audit report privilege under AS 09.25.450 for this information. (b) If the owner or opera…
AS 46.03.476 Ocean rangers.
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(a) An owner or operator of a large commercial passenger vessel entering the marine waters of the state is required to have an ocean ranger hired or retained by the department on board the vessel to act as an independent observer for the purpose of monitoring state and federal re…
AS 46.03.480 Fees.
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(a) There is imposed an environmental compliance fee on each commercial passenger vessel operating in the marine waters of the state. (b) The fee imposed by (a) of this section for all commercial passenger vessels, other than vessels operated by the state, is a separate fee for e…
AS 46.03.481 Citizens' suits.
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(a) Any citizen of the state may commence a civil action (1) against an owner or operator of a large passenger vessel alleged to have violated any provision of this chapter, or (2) against the department where there is an alleged failure to perform any act or duty under this chap…
AS 46.03.482 Commercial passenger vessel environmental compliance fund.
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(a) The commercial passenger vessel environmental compliance fund is created in the general fund. (b) The fund consists of the following, all of which shall be deposited in the fund upon receipt: (1) money received by the department in payment of fees under AS 46.03.480; (2) mone…
AS 46.03.485 Recognition program.
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The department may engage in efforts to encourage and recognize superior environmental protection efforts made by the owners or operators of commercial passenger vessels that exceed the requirements established by law.
AS 46.03.487 Exemption for vessels in innocent passage.
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AS 46.03.460 — 46.03.490 do not apply to a commercial passenger vessel that operates in the marine waters of the state solely in innocent passage. For purposes of this section, a vessel is engaged in innocent passage if its operation in marine waters of the state, regardless of w…
AS 46.03.488 Activities of the department.
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The department may engage in the following activities relating to commercial passenger vessels operating in the marine waters of the state: (1) direct in-water monitoring of discharges or releases of sewage, graywater, and other wastewater and direct monitoring of the opacity of …
AS 46.03.490 Definitions.
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Article 9. Cleanup of Illegal Drug Sites. In AS 46.03.460 — 46.03.490, (1) “agent for service of process” means an agent upon whom process, notice, or demand required or permitted by law to be served upon the owner or operator may be served; (2) “commercial passenger vessel” mean…
AS 46.03.500 Notice of illegal drug manufacturing site; Internet list.
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(a) When a law enforcement officer or team of law enforcement officers, qualified under federal regulations to investigate and dismantle illegal drug manufacturing sites, determines that a site constitutes an illegal drug manufacturing site, the primary law enforcement agency tha…
AS 46.03.510 Restrictions on property.
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(a) Until determined to be fit for use under AS 46.03.550, the property for which a notice has been issued under AS 46.03.500(a) may not be transferred, sold, leased, or rented to another person except as provided in (b) of this section, and a person may not use or occupy the pro…
AS 46.03.520 Sampling and testing procedures.
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(a) If the owner of the property for which notice was received under AS 46.03.500(b) desires to determine if the property is fit for use, the owner shall cause the site to be sampled and tested for the substances covered in regulations adopted under AS 46.03.530, using the proced…
AS 46.03.530 Standards for determining fitness.
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(a) Property for which a notice was received under AS 46.03.500(b) is not fit for use if sampling and testing of the property under AS 46.03.520 shows the presence of substances for which the department has set a limit under (b) of this section. (b) The Department of Public Safet…
AS 46.03.540 Decontamination requirements.
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(a) If the owner desires to decontaminate the property for which a notice has been issued under AS 46.03.500, the owner shall follow the guidelines established by the department under (b) of this section. (b) The department shall establish guidelines for decontamination of sites …
AS 46.03.550 Fitness for use.
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(a) Property for which a notice has been issued under AS 46.03.500 shall be determined by the department to be fit for use if the owner certifies to the department under penalty of unsworn falsification in the second degree that (1) based on sampling and testing procedures establ…
AS 46.03.560 Securing the property.
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The owner of property for which a notice was received under AS 46.03.500(b) shall ensure that the property is vacated and secured against use (1) within four days after receiving the notice if the owner does not test the property under AS 46.03.520 within four days after receivin…
AS 46.03.570 Duties of the department; regulations.
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The department shall adopt regulations implementing AS 46.03.500 — 46.03.599.
AS 46.03.599 Definitions.
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Article 10. Prohibited Acts, Penalties, and Damages. In AS 46.03.500 — 46.03.599, (1) “illegal drug manufacturing site” means property on which there is reasonable cause to suspect contamination with chemicals associated with the manufacturing of a controlled substance and where …
AS 46.03.710 Pollution prohibited.
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A person may not pollute or add to the pollution of the air, land, subsurface land, or water of the state.
AS 46.03.715 Sale and use of TBT-based antifouling paint.
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(a) Except as otherwise provided in this section, a person may not sell or use TBT-based marine antifouling paint or coating in the state, nor may a person sell, rent, or lease in the state, or import into the state, or use in state water, a vessel, fishing gear, or other item in…
AS 46.03.720 Public water system plan review requirement.
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(a) [Repealed, § 12 ch 136 SLA 2004.] (b) A person may not construct, extend, install, or operate a public water supply system, or any part of a public water supply system, until plans for it are submitted to the department for review and the department approves them in writing. …
AS 46.03.730 Pesticides.
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A person may not spray or apply, or cause to be sprayed or applied dichloro-diphenyl-trichloroethane (DDT), dieldrin, or other pesticide or broadcast chemical in a manner that may cause damage to or endanger the health, welfare, or property of another person, or in a manner that …
AS 46.03.740 Oil pollution.
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A person may not discharge, cause to be discharged, or permit the discharge of petroleum, acid, coal or oil tar, lampblack, aniline, asphalt, bitumen, or a residuary product of petroleum, into, or upon the waters or land of the state except in quantities, and at times and locatio…
AS 46.03.742 Reckless operation of tank vessel.
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(a) A person commits the crime of reckless operation of a tank vessel when, by recklessly operating, navigating, or piloting a tank vessel, the person causes a release of a hazardous substance and the release causes serious physical injury to another person or damage to the prope…
AS 46.03.743 Negligent operation of tank vessel.
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(a) A person commits the crime of negligent operation of a tank vessel when, by operating, navigating, or piloting a tank vessel with criminal negligence, the person creates an unjustifiable risk of a release of a hazardous substance or an unjustifiable risk of harm to a person o…
AS 46.03.744 Definitions for AS 46.03.742 — 46.03.744.
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In AS 46.03.742 — 46.03.744, (1) “hazardous substance” has the meaning given in AS 46.03.826; (2) “tank vessel” means (A) a vessel that is constructed or adapted to carry, or that carries, as a means of transportation by water, a hazardous substance in bulk as cargo or cargo resi…
AS 46.03.745 Hazardous substance release.
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Except for a controlled release, the reporting of which is the subject of an agreement with the commissioner under AS 46.09.010(b), a person may not cause or permit the release of a hazardous substance as defined in AS 46.09.900.
AS 46.03.750 Ballast water discharge.
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(a) Except as provided in (b) of this section, a person may not cause or permit the discharge of ballast water from a cargo tank of a tank vessel into the waters of the state. A tank vessel may not take on petroleum or a petroleum product or by-product as cargo unless it arrives …
AS 46.03.755 Discharge reporting.
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(a) A person in charge of a facility, operation, or vessel, as soon as the person has knowledge of any discharge from the facility, operation, or vessel in violation of AS 46.03.740 or 46.03.750, shall immediately notify the department of the discharge. (b) Notwithstanding (a) of…