Title 46 — Water, Air, Energy, and Environmental Conservation
22 chapters · 376 sections in this title.
AS 46.03.010 Declaration of policy.
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Article 2. Department of Environmental Conservation. (a) It is the policy of the state to conserve, improve, and protect its natural resources and environment and control water, land, and air pollution, in order to enhance the health, safety, and welfare of the people of the stat…
AS 46.03.020 Powers of the department.
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The department may (1) enter into contracts and compliance agreements necessary or convenient to carry out the functions, powers, and duties of the department; (2) review and appraise programs and activities of state departments and agencies in light of the policy set out in AS 4…
AS 46.03.022 Dental radiological equipment.
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This title does not authorize the department to register, inspect, test, or otherwise regulate dental radiological equipment or records relating to dental radiological equipment regulated by the Department of Health under AS 44.29.020(d).
AS 46.03.024 Consideration in adopting pollution regulations.
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Notwithstanding another provision of law to the contrary, when adopting a regulation relating to the control, prevention, and abatement of air, water, or land or subsurface land pollution, the department shall give special attention to public comments concerning the cost of compl…
AS 46.03.025 Accounting and disposition of fees. [Repealed, § 92 ch 36 SLA 1990. For current provisions, see AS 37.05.142 — 37.05.146.]
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[Repealed or reserved.]
AS 46.03.030 Water quality enhancement, water supply, sewage, and solid waste facilities grants.
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(a) [Repealed, § 19 ch 220 SLA 1976.] (b) The department may grant to a municipality, as funds are available, a grant for any of the following: (1) a water quality enhancement project; (2) a public water supply, treatment, or distribution system; (3) a wastewater collection, trea…
AS 46.03.032 Alaska clean water fund.
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(a) There is established as a separate fund the Alaska clean water fund, which is distinct from any other money or fund in the treasury, and which consists of money appropriated by the legislature to meet federal matching requirements, federal capitalization grants, loan repaymen…
AS 46.03.034 Alaska clean water administrative fund.
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(a) The Alaska clean water administrative fund is established as a separate fund that is distinct from other money or funds in the treasury. The fund is composed of two accounts, the (1) Alaska clean water administrative operating account; and (2) Alaska clean water administrativ…
AS 46.03.035 Fees charged for loans made from the Alaska clean water fund.
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The department may charge and collect reasonable fees in connection with making and servicing loans made by the department under the authority of AS 46.03.032. The department shall by regulation specify the rates and amounts of the fees.
AS 46.03.036 Alaska drinking water fund.
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(a) The Alaska drinking water fund is established as a separate fund that is distinct from other money or funds in the treasury. The fund shall be administered by the department. The Alaska drinking water fund consists of the following items, all of which shall be deposited into …
AS 46.03.038 Alaska drinking water administrative fund.
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(a) The Alaska drinking water administrative fund is established as a separate fund that is distinct from other money or funds in the state treasury. The fund is composed of two accounts, the (1) Alaska drinking water administrative operating account; and (2) Alaska drinking wate…
AS 46.03.039 Fees charged for loans made from the Alaska drinking water fund.
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The department may charge and collect reasonable fees in connection with making and servicing loans made by the department under the authority of AS 46.03.036. The department shall by regulation specify the rates and amounts of such fees.
AS 46.03.040 Alaska environmental plan.
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(a) The department shall formulate and annually review and revise a statewide environmental plan for the management and protection of the quality of the environment and the natural resources of the state, in furtherance of the legislative policy and purposes expressed in this cha…
AS 46.03.045 Public recognition of pollution prevention efforts.
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Article 3. Water Pollution Control and Waste Disposal. In addition to the school awards program under AS 46.11.070, the department may identify, document, and publicly acknowledge exemplary pollution prevention achievements by individuals, businesses, or government agencies in th…
AS 46.03.050 Authority.
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The department has jurisdiction to prevent and abate the pollution of the waters of the state.
AS 46.03.060 Water pollution control plan.
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The department shall develop comprehensive plans for water pollution control in the state and conduct investigations it considers advisable and necessary for the discharge of its duties.
AS 46.03.070 Pollution standards.
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After public hearing, the department may adopt standards and make them public and determine what qualities and properties of water indicate a polluted condition actually or potentially deleterious, harmful, detrimental, or injurious to the public health, safety, or welfare, to te…
AS 46.03.080 Quality and purity standards.
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After study and public hearings held upon due notice, the department may establish standards of quality and purity or group the designated waters of the state into classes as to minimum quality and purity, or both. The department shall classify waters in accordance with considera…
AS 46.03.090 Plans for pollution disposal. [Repealed, § 12 ch 136 SLA 2004.]
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[Repealed or reserved.]
AS 46.03.100 Waste management, disposal, and discharge authorization.
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(a) A person may not construct, modify, or operate a sewerage system or treatment works or take any action that results in the disposal or discharge of solid or liquid waste material or heated process or cooling water into the waters or onto the land of the state without prior au…
AS 46.03.110 Waste disposal permit procedure.
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(a) An application for a permit under AS 46.03.100(b)(1) or (2) or an authorization under AS 46.03.100(d) shall be made on forms prescribed by the department. Forms must contain the name and address of the applicant, a description of the applicant's operations, the quantity and t…
AS 46.03.120 Termination or modification of waste management and disposal authorization.
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(a) The department may terminate a permit or other authorization issued under AS 46.03.100 or may rescind a person's authority to dispose of waste in accordance with regulations adopted under AS 46.03.100(b)(3) upon 30 days' written notice if the department finds (1) that the per…
AS 46.03.130 Compliance order. [Repealed, § 19 ch 220 SLA 1976. For current law, see AS 46.03.850.]
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Article 5. Radiation and Hazardous Waste Protection.
AS 46.03.135 Firefighting substances disposal reimbursements.
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(a) A firefighting substances disposal reimbursement program is established in the department. (b) The department shall accept an application for disposal reimbursement on a form provided by the department from a person domiciled in (1) a community in the state with a population …
AS 46.03.140 Secs. 46.03.140 — 46.03.230. Air pollution control. [Repealed, § 27 ch 74 SLA 1993. For current provisions, see AS 46.14.]
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[Repealed or reserved.]
AS 46.03.240 Construction and implementation of AS 46.03.230. [Repealed, § 19 ch 220 SLA 1976.]
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[Repealed or reserved.]
AS 46.03.245 Air pollution control. [Repealed, § 27 ch 74 SLA 1993.]
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Article 4. Firefighting Substances Disposal Reimbursements.
AS 46.03.250 Authority.
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The department shall adopt regulations (1) establishing standards governing the discharge of low level radioactive materials to the air, water, land, and subsurface land of the state; (2) establishing safeguards for radioactive waste materials that do not constitute a threat to p…
AS 46.03.260 Use of radioactive materials.
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A person who conducts an operation that results in the discharge of low level radioactive materials to the air, water, land, or subsurface land of the state shall obtain a permit from the department before commencing the discharge.
AS 46.03.270 Secs. 46.03.270 — 46.03.280. Electronic product radiation; notification of violation and order of abatement. [Repealed, § 12 ch 172 SLA 1978. For radiation protection, see AS 18.60.475 — 18.60.545.]
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[Repealed or reserved.]
AS 46.03.290 [Renumbered as AS 46.03.865.]
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[Repealed or reserved.]
AS 46.03.296 Disposal of hazardous wastes.
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(a) It is unlawful to dispose of hazardous wastes in the state unless (1) the waste has been treated and disposed of in a manner that uses the maximum degree of reduction of the harmful qualities of a hazardous waste that is subject to this chapter and that the department, on a c…
AS 46.03.299 Hazardous waste regulations.
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(a) The department shall adopt regulations under AS 44.62 (Administrative Procedure Act) for the identification and management of hazardous waste as defined by the United States Environmental Protection Agency and hazardous waste that exhibits the characteristic of toxicity, pers…
AS 46.03.300 Exceptions. [Repealed, § 12 ch 172 SLA 1978.]
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[Repealed or reserved.]
AS 46.03.302 Hazardous waste permit.
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(a) A person may not treat, transport, store, or dispose of a hazardous waste as defined by the department by regulation unless that person first secures a permit from the department and submits to the department any reports or manifests that the department may require for handli…
AS 46.03.305 Hazardous waste reports and manifests.
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A person who generates hazardous wastes shall submit to the department reports or manifests that the department may require for handling the hazardous wastes.
AS 46.03.308 Transportation of hazardous waste.
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(a) Hazardous waste may not be transported in the state unless the waste is accompanied by the uniform hazardous waste manifest required under 42 U.S.C. 6922 — 6923 or other applicable federal law. (b) [Repealed, § 15 ch 71 SLA 1997.]
AS 46.03.309 Temporary collection of hazardous waste.
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The department shall provide for the temporary collection of hazardous waste to be prepared for shipment to a federally approved hazardous waste disposal site. The department shall establish four periods in each calendar year during which it shall collect hazardous waste. A colle…
AS 46.03.310 Conflicting laws. [Repealed, § 12 ch 172 SLA 1978.]
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[Repealed or reserved.]
AS 46.03.311 Public records.
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(a) Permits, permit applications, records, reports, and information and documentation obtained under AS 46.03.302 — 46.03.308 are available to the public for inspection and copying. However, upon a showing satisfactory to the commissioner that a record, report, permit, applicatio…
AS 46.03.313 Hazardous waste management facilities and sites.
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(a) The department shall evaluate and select potential sites for hazardous waste management facilities in the state. In evaluating and selecting sites for management facilities, the department shall consider at least the following factors: (1) economic feasibility, including prox…
AS 46.03.314 Reports on management sites and facilities. [Repealed, § 62 ch 21 SLA 1991.]
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[Repealed or reserved.]
AS 46.03.316 Hazardous waste reduction and recycling program. [Repealed, § 4 ch 88 SLA 1990.]
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[Repealed or reserved.]
AS 46.03.317 Hazardous waste reduction matching grants.
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Article 6. Pesticide Control. (a) A hazardous waste reduction 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 businesses, local governments, industry trade associ…
AS 46.03.320 Regulation of pesticides and broadcast chemicals.
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(a) The department may (1) regulate the transportation, testing, inspection, packaging, labeling, handling, and advertising of pesticides and broadcast chemicals offered for sale or placed in commerce for use in the state; (2) regulate and supervise the distribution, application,…
AS 46.03.330 Public pesticide programs.
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(a) An officer, agent, or employee of the state, or of a borough or city of any class, may not direct, carry out, or participate in the spraying or application of a pesticide or broadcast chemical in any program or project involving funds, materials, or equipment of the state, bo…
AS 46.03.340 Use of firefighting foam.
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Article 7. Underground Storage Tank Systems. (a) Notwithstanding AS 46.03.320, a person may not use a firefighting foam that contains a perfluoroalkyl substance or polyfluoroalkyl substance in the state unless the use is permitted under (b) of this section or required by federal …
AS 46.03.360 Secs. 46.03.360 , 46.03.363 Board of storage tank assistance; Reports. [Repealed, § 2 ch 102 SLA 2006.]
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[Repealed or reserved.]
AS 46.03.365 Regulation of underground petroleum storage tank systems.
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(a) The department shall develop a program to abate and prevent pollution from underground petroleum storage tank systems through the adoption of regulations under AS 44.62 (Administrative Procedure Act). Consistent with other provisions in AS 46.03.365 — 46.03.450, the regulatio…
AS 46.03.370 Educational assistance.
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The department shall provide (1) educational assistance to owners and operators of underground petroleum storage tank systems to help them comply with federal and state laws and regulations applicable to the tank systems, including the registration and notification requirements u…