The superior court has jurisdiction to enjoin a violation of this chapter, AS 46.04, AS 46.09, AS 46.14, or of a regulation, a lawful order of the department, or permit, approval, or acceptance, or term or condition of a permit, approval, or acceptance issued under this chapter, AS 46.04, AS 46.09, or AS 46.14. In actions brought under this section, temporary or preliminary relief may be obtained upon a showing of an imminent threat of continued violation, and probable success on the merits, without the necessity of demonstrating physical irreparable harm. The balance of equities in actions under this section may affect the timing of compliance, but not the necessity of compliance within a reasonable period of time.
Structure Alaska Statutes
Title 46. Water, Air, Energy, and Environmental Conservation
Chapter 03. Environmental Conservation
Article 9. Prohibited Acts, Penalties, and Damages.
Sec. 46.03.710. Pollution prohibited.
Sec. 46.03.715. Sale and use of TBT-based antifouling paint.
Sec. 46.03.720. Public water system plan review requirement.
Sec. 46.03.740. Oil pollution.
Sec. 46.03.742. Reckless operation of tank vessel.
Sec. 46.03.743. Negligent operation of tank vessel.
Sec. 46.03.744. Definitions for AS 46.03.742 - 46.03.744.
Sec. 46.03.745. Hazardous substance release.
Sec. 46.03.750. Ballast water discharge.
Sec. 46.03.755. Discharge reporting.
Sec. 46.03.758. Civil penalties for discharges of oil.
Sec. 46.03.759. Civil penalties for discharges of crude oil.
Sec. 46.03.760. Civil action for pollution; damages.
Sec. 46.03.761. Administrative penalties.
Sec. 46.03.763. Attorney fees and costs.
Sec. 46.03.770. Detention of vessel without warrant as security for damages.
Sec. 46.03.780. Liability for restoration.
Sec. 46.03.790. Criminal penalties.
Sec. 46.03.800. Water nuisances.
Sec. 46.03.810. Air and land nuisances.
Sec. 46.03.820. Emergency powers.
Sec. 46.03.822. Liability for the release of hazardous substances.
Sec. 46.03.823. Hazardous substance response action contractors.
Sec. 46.03.825. Oil spill response action contractors.
Sec. 46.03.826. Definitions for AS 46.03.822 - 46.03.828.
Sec. 46.03.828. Other rights of action not affected.
Sec. 46.03.833. Compliance with financial responsibility requirements.