Alaska Statutes
Title 46. Water, Air, Energy, and Environmental Conservation

Sec. 46.03.030. Water quality enhancement, water supply, sewage, and solid waste facilities grants. - (a) [Repealed, § 19 ch 220 SLA 1976.] (b) The...

Sec. 46.03.032. Alaska clean water fund. - (a) There is established as a separate fund the Alaska...

Sec. 46.03.034. Alaska clean water administrative fund. - (a) The Alaska clean water administrative fund is established as...

Sec. 46.03.035. Fees charged for loans made from the Alaska clean water fund. - The department may charge and collect reasonable fees in connection...

Sec. 46.03.036. Alaska drinking water fund. - (a) The Alaska drinking water fund is established as a...

Sec. 46.03.038. Alaska drinking water administrative fund. - (a) The Alaska drinking water administrative fund is established as...

Sec. 46.03.039. Fees charged for loans made from the Alaska drinking water fund. - The department may charge and collect reasonable fees in connection...

Sec. 46.03.040. Alaska environmental plan. - (a) The department shall formulate and annually review and revise...

Sec. 46.03.045. Public recognition of pollution prevention efforts. - In addition to the school awards program under AS 46.11.070,...

Article 3. Water Pollution Control and Waste Disposal.

Sec. 46.03.050. Authority. - The department has jurisdiction to prevent and abate the pollution...

Sec. 46.03.060. Water pollution control plan. - The department shall develop comprehensive plans for water pollution control...

Sec. 46.03.070. Pollution standards. - After public hearing, the department may adopt standards and make...

Sec. 46.03.080. Quality and purity standards. - After study and public hearings held upon due notice, the...

Sec. 46.03.100. Waste management, disposal, and discharge authorization. - (a) A person may not construct, modify, or operate a...

Sec. 46.03.110. Waste disposal permit procedure. - (a) An application for a permit under AS 46.03.100(b)(1) or...

Sec. 46.03.120. Termination or modification of waste management and disposal authorization. - (a) The department may terminate a permit or other authorization...

Article 4. Radiation and Hazardous Waste Protection.

Sec. 46.03.250. Authority. - The department shall adopt regulations (1) establishing standards governing the...

Sec. 46.03.260. Use of radioactive materials. - A person who conducts an operation that results in the...

Sec. 46.03.296. Disposal of hazardous wastes. - (a) It is unlawful to dispose of hazardous wastes in...

Sec. 46.03.299. Hazardous waste regulations. - (a) The department shall adopt regulations under AS 44.62 (Administrative...

Sec. 46.03.302. Hazardous waste permit. - (a) A person may not treat, transport, store, or dispose...

Sec. 46.03.305. Hazardous waste reports and manifests. - A person who generates hazardous wastes shall submit to the...

Sec. 46.03.308. Transportation of hazardous waste. - (a) Hazardous waste may not be transported in the state...

Sec. 46.03.309. Temporary collection of hazardous waste. - The department shall provide for the temporary collection of hazardous...

Sec. 46.03.311. Public records. - (a) Permits, permit applications, records, reports, and information and documentation...

Sec. 46.03.313. Hazardous waste management facilities and sites. - (a) The department shall evaluate and select potential sites for...

Sec. 46.03.317. Hazardous waste reduction matching grants. - (a) A hazardous waste reduction grant account is established in...

Article 5. Pesticide Control.

Sec. 46.03.320. Regulation of pesticides and broadcast chemicals. - (a) The department may (1) regulate the transportation, testing, inspection,...

Sec. 46.03.330. Public pesticide programs. - (a) An officer, agent, or employee of the state, or...

Article 6. Underground Storage Tank Systems.

Sec. 46.03.365. Regulation of underground petroleum storage tank systems. - (a) The department shall develop a program to abate and...

Sec. 46.03.370. Educational assistance. - The department shall provide (1) educational assistance to owners and...

Sec. 46.03.375. Certification of storage tank workers. - (a) The department shall adopt regulations governing the certification of...

Sec. 46.03.380. Registration of tanks and tank systems. - (a) A person, including a governmental entity or institution, or...

Sec. 46.03.385. Registration fee. - (a) At the time of registration under AS 46.03.380, and...

Sec. 46.03.390. Notification of changes in tank systems. - An owner or operator who intends to significantly change the...

Sec. 46.03.395. Notification of tank system closure. - If an underground petroleum tank or storage tank system is...

Sec. 46.03.400. Registration forms. - The registration forms required under AS 46.03.380 - 46.03.395 must...

Sec. 46.03.405. Prohibitions. - A person, including a governmental entity or institution or a...

Sec. 46.03.440. Confidentiality of financial records. - (a) Financial records submitted to the department or to the...

Sec. 46.03.450. Definitions. - In AS 46.03.365 - 46.03.450, (1) “chemical” means any substance...

Article 7. Commercial Passenger Vessel Environmental Compliance Program.

Sec. 46.03.460. Program established. - (a) There is established the commercial passenger vessel environmental compliance...

Sec. 46.03.461. Registration requirements. - (a) Except as provided in AS 46.03.487, each calendar year...

Sec. 46.03.462. Terms and conditions of discharge permits. - (a) An owner or operator may not discharge any treated...

Sec. 46.03.463. Prohibited discharges; limitations on discharges. - (a) Except as provided in (h) of this section, a...

Sec. 46.03.465. Information-gathering requirements; exemption. - (a) The owner or operator of a commercial passenger vessel...

Sec. 46.03.470. Record keeping requirements. - An owner or operator subject to AS 46.03.465 shall record...

Sec. 46.03.475. Reporting requirements. - (a) An owner or operator of a commercial passenger vessel...

Sec. 46.03.476. Ocean rangers. - (a) An owner or operator of a large commercial passenger...

Sec. 46.03.480. Fees. - (a) There is imposed an environmental compliance fee on each...

Sec. 46.03.481. Citizens' suits. - (a) Any citizen of the state may commence a civil...

Sec. 46.03.482. Commercial passenger vessel environmental compliance fund. - (a) The commercial passenger vessel environmental compliance fund is created...

Sec. 46.03.485. Recognition program. - The department may engage in efforts to encourage and recognize...

Sec. 46.03.487. Exemption for vessels in innocent passage. - AS 46.03.460 - 46.03.490 do not apply to a commercial...

Sec. 46.03.488. Activities of the department. - The department may engage in the following activities relating to...

Sec. 46.03.490. Definitions. - In AS 46.03.460 - 46.03.490, (1) “agent for service of...

Article 8. Cleanup of Illegal Drug Sites.

Sec. 46.03.500. Notice of illegal drug manufacturing site; Internet list. - (a) When a law enforcement officer or team of law...

Sec. 46.03.510. Restrictions on property. - (a) Until determined to be fit for use under AS...

Sec. 46.03.520. Sampling and testing procedures. - (a) If the owner of the property for which notice...

Sec. 46.03.530. Standards for determining fitness. - (a) Property for which a notice was received under AS...

Sec. 46.03.540. Decontamination requirements. - (a) If the owner desires to decontaminate the property for...

Sec. 46.03.550. Fitness for use. - (a) Property for which a notice has been issued under...

Sec. 46.03.560. Securing the property. - The owner of property for which a notice was received...

Sec. 46.03.570. Duties of the department; regulations. - The department shall adopt regulations implementing AS 46.03.500 - 46.03.599.

Sec. 46.03.599. Definitions. - In AS 46.03.500 - 46.03.599, (1) “illegal drug manufacturing site”...

Article 9. Prohibited Acts, Penalties, and Damages.

Sec. 46.03.710. Pollution prohibited. - A person may not pollute or add to the pollution...

Sec. 46.03.715. Sale and use of TBT-based antifouling paint. - (a) Except as otherwise provided in this section, a person...

Sec. 46.03.720. Public water system plan review requirement. - (a) [Repealed, § 12 ch 136 SLA 2004.] (b) A...

Sec. 46.03.730. Pesticides. - A person may not spray or apply, or cause to...

Sec. 46.03.740. Oil pollution. - A person may not discharge, cause to be discharged, or...

Sec. 46.03.742. Reckless operation of tank vessel. - (a) A person commits the crime of reckless operation of...

Sec. 46.03.743. Negligent operation of tank vessel. - (a) A person commits the crime of negligent operation of...

Sec. 46.03.744. Definitions for AS 46.03.742 - 46.03.744. - In AS 46.03.742 - 46.03.744, (1) “hazardous substance” has the...

Sec. 46.03.745. Hazardous substance release. - Except for a controlled release, the reporting of which is...

Sec. 46.03.750. Ballast water discharge. - (a) Except as provided in (b) of this section, a...

Sec. 46.03.755. Discharge reporting. - (a) A person in charge of a facility, operation, or...

Sec. 46.03.758. Civil penalties for discharges of oil. - (a) The legislature finds that (1) recent information discloses that...

Sec. 46.03.759. Civil penalties for discharges of crude oil. - (a) A person who is found to be liable under...

Sec. 46.03.760. Civil action for pollution; damages. - (a) A person who violates or causes or permits to...

Sec. 46.03.761. Administrative penalties. - (a) The department may assess an administrative penalty against an...

Sec. 46.03.763. Attorney fees and costs. - In an action to impose civil penalties under AS 46.03.758,...

Sec. 46.03.765. Injunctions. - The superior court has jurisdiction to enjoin a violation of...

Sec. 46.03.770. Detention of vessel without warrant as security for damages. - A vessel that is used in or in aid of...

Sec. 46.03.780. Liability for restoration. - (a) A person who violates a provision of this chapter,...

Sec. 46.03.790. Criminal penalties. - (a) Except as provided in (d) of this section, a...

Sec. 46.03.800. Water nuisances. - (a) A person is guilty of creating or maintaining a...

Sec. 46.03.810. Air and land nuisances. - (a) A person is guilty of creating or maintaining a...

Sec. 46.03.820. Emergency powers. - (a) When the department finds, after investigation, that a person...

Sec. 46.03.822. Liability for the release of hazardous substances. - (a) Notwithstanding any other provision or rule of law and...

Sec. 46.03.823. Hazardous substance response action contractors. - (a) A person who is a response action contractor with...

Sec. 46.03.824. Damages. - Damages include but are not limited to injury to or...

Sec. 46.03.825. Oil spill response action contractors. - (a) A response action contractor who responds to a release...

Sec. 46.03.826. Definitions for AS 46.03.822 - 46.03.828. - In AS 46.03.822 - 46.03.828, (1) “act of God” means...

Sec. 46.03.828. Other rights of action not affected. - The provisions of AS 46.03.822 - 46.03.828 do not abridge...

Sec. 46.03.830. Proof of financial responsibility required for petrochemical facility or hazardous waste disposal site operation. - (a) A person may not operate a petrochemical facility or...

Sec. 46.03.833. Compliance with financial responsibility requirements. - (a) A person whose proof of financial responsibility is accepted...

Sec. 46.03.850. Compliance order. - (a) When, in the opinion of the department, a person...

Article 10. General Provisions.

Sec. 46.03.860. Inspection warrant. - The department may seek search warrants for the purpose of...

Sec. 46.03.865. Authority of department in cases of emergency. - (a) When the department finds that an actual or imminent...

Sec. 46.03.870. Actionable rights. - (a) Except as specified in AS 46.03.822 - 46.03.828, the...

Sec. 46.03.875. Remedies cumulative. - All remedies provided by this chapter, AS 46.04, or AS...

Sec. 46.03.880. Applicability of the Administrative Procedure Act. - (a) Except as otherwise specifically provided in this chapter, AS...

Sec. 46.03.890. Enforcement authority. - (a) The following persons are authorized to enforce this chapter:...

Sec. 46.03.900. Definitions. - In this chapter, (1) “air contaminant” means dust, fumes, mist,...

Chapter 04. Oil and Hazardous Substance Pollution Control

Article 1. Oil Pollution Control.

Sec. 46.04.010. Reimbursement for cleanup expenses. - The department shall promptly seek reimbursement under AS 46.03.760(d), AS...

Sec. 46.04.020. Removal of oil discharges. - (a) A person causing or permitting the discharge of oil...

Sec. 46.04.025. Confidential information. - The department may maintain the confidentiality of a manufacturer's proprietary...

Sec. 46.04.030. Oil discharge prevention and contingency plans. - (a) A person may not cause or permit the operation...

Sec. 46.04.035. Registration of oil spill response action contractors. - (a) A person may apply to the department for registration...

Sec. 46.04.040. Proof of financial responsibility. - (a) A person may not cause or permit the operation...

Sec. 46.04.045. Adjustment of dollar amounts. - (a) The dollar amounts in AS 46.04.040 change, as provided...

Sec. 46.04.047. Noncrude oil operations. - Notwithstanding AS 46.04.040, the department may, with respect to noncrude...

Sec. 46.04.050. Exemptions. - (a) The provisions of AS 46.04.030, 46.04.040, and 46.04.060 do...

Sec. 46.04.055. Nontank vessels and railroad tank cars. - (a) A person may not operate a nontank vessel within...

Sec. 46.04.060. Inspections. - (a) In addition to other rights of access or inspection...

Sec. 46.04.065. Compliance verification for nontank vessels and for trains and related facilities and operations. - In addition to other rights of access or examination conferred...

Sec. 46.04.070. Scope of regulations. - The department shall adopt regulations that are necessary to carry...

Sec. 46.04.080. Catastrophic oil discharges. - (a) The commissioner or the adjutant general of the Department...

Sec. 46.04.090. Oil discharge cleanup personnel, equipment, expenses. - The department, when feasible, shall enter into contracts with persons...

Sec. 46.04.100. Compacts authorized. - The governor may execute supplementary agreements, reciprocal arrangements, or compacts...

Sec. 46.04.110. Municipal powers limited. - If a conflict occurs between a provision of this chapter,...

Article 2. Oil and Hazardous Substance Discharge and Prevention Contingency Plans.

Sec. 46.04.200. State master plan. - (a) The department shall prepare, annually review, and revise as...

Sec. 46.04.210. Regional master plan. - (a) For any region of the state, the boundaries of...

Article 3. Uniform Environmental Covenants Act.

Sec. 46.04.300. Environmental covenant. - (a) An environmental covenant is required if the department makes...

Sec. 46.04.305. Contents of environmental covenant. - (a) An environmental covenant must (1) state that the interest...

Sec. 46.04.310. Validity of environmental covenant; effect on other instruments. - (a) An environmental covenant entered into in accordance with AS...

Sec. 46.04.315. Notice of environmental covenant. - (a) A copy of the environmental covenant shall be provided...

Sec. 46.04.320. Recording of environmental covenant. - (a) An environmental covenant and an amendment or termination of...

Sec. 46.04.325. Duration; modification or termination of environmental covenant by administrative or court action. - (a) An environmental covenant is perpetual unless it is (1)...

Sec. 46.04.330. Amendment or termination of environmental covenant by consent. - (a) An environmental covenant may be amended or terminated if...

Sec. 46.04.335. Enforcement of environmental covenant. - (a) The department is the administrating agency for AS 46.04.300...

Sec. 46.04.340. Notice of activity and use limitation. - (a) If a legal impediment prevents an environmental covenant from...

Sec. 46.04.345. Relationship to other land-use law. - AS 46.04.300 - 46.04.390 do not authorize a use of...

Sec. 46.04.350. Registry. - The department shall maintain a registry that contains all environmental...

Sec. 46.04.355. Uniformity of application and construction. - In applying and construing AS 46.04.300 - 46.04.390, consideration must...

Sec. 46.04.390. Definitions. - In AS 46.04.300 - 46.04.390, (1) “common interest community” means...

Article 4. General Provisions.

Sec. 46.04.890. Applicability of Administrative Procedure Act. - Notwithstanding AS 44.62.330(a)(28), adjudicatory hearing procedures to review permit decisions...

Sec. 46.04.900. Definitions. - In this chapter, unless the context requires otherwise, (1) “barrel”...

Chapter 06. Recycling and Reduction of Litter

Sec. 46.06.010. Powers of the department. - The department shall (1) serve as the coordinating agency among...

Sec. 46.06.021. Solid and hazardous waste management practices. - In order to minimize present and future threats to human...

Sec. 46.06.031. Solid and hazardous waste reduction and recycling program. - (a) There is established within the department a solid and...

Sec. 46.06.041. Community solid waste management planning grants. - (a) A community solid waste management planning grant account is...

Sec. 46.06.050. Litter receptacles and anti-litter symbol. - (a) The department shall designate one or more types and...

Sec. 46.06.060. Litter bags. - The department may design and have produced a litter bag...

Sec. 46.06.070. Litter patrol. - (a) The department may establish a youth litter patrol program...

Sec. 46.06.080. Littering prohibited. - (a) A person may not throw, drop, deposit, discard, or...

Sec. 46.06.090. Prohibited beverage containers; packaging requirements. - (a) A person may not sell or offer to sell...

Sec. 46.06.095. Coding required. - (a) A person may not manufacture, sell, or offer to...

Sec. 46.06.100. Notice to public. - The penalties imposed for littering shall be posted along the...

Sec. 46.06.110. Enforcement authority. - (a) The following persons are authorized to enforce the provisions...

Sec. 46.06.120. Grants. - The department may make grants to state agencies, to municipalities,...

Sec. 46.06.130. Conditions for grants. - (a) The department shall adopt regulations under AS 44.62 (Administrative...

Sec. 46.06.140. Federal requirements. - If a federal department or agency issues a formal ruling...

Sec. 46.06.150. Definitions. - In this chapter, (1) “beverage container” means the individual, separate,...

Chapter 07. Village Safe Water Act

Sec. 46.07.010. Statement of purpose. - It is the purpose of this chapter to establish a...

Sec. 46.07.020. Provision of facilities. - The commissioner shall institute and carry out a program to...

Sec. 46.07.030. Nature and location of facilities. - (a) A facility constructed under authority of this chapter shall...

Sec. 46.07.040. Construction of facilities. - (a) The commissioner shall provide for the construction of facilities...

Sec. 46.07.050. Operation of facilities. - (a) It is the responsibility of the village governing body...

Sec. 46.07.060. Educational and informational program. - The commissioner shall conduct, in each village where there is...

Sec. 46.07.070. Economy of administration. - In order to prevent duplication of effort and to promote...

Sec. 46.07.080. Definitions. - In this chapter, (1) “commissioner” means the commissioner of environmental...

Chapter 08. Oil and Hazardous Substance Releases

Article 1. Release Prevention and Response Fund; Reimbursement; Liens.

Sec. 46.08.005. Purpose of fund; description of accounts. - The legislature finds and declares that the release of oil...

Sec. 46.08.010. Fund established. - (a) There is established in the state general fund the...

Sec. 46.08.020. Financing of the oil and hazardous substance release prevention account; prevention mitigation account. - (a) The legislature may appropriate from the following sources to...

Sec. 46.08.025. Financing of the oil and hazardous substance release response account; release mitigation account. - (a) The legislature may appropriate from the following sources to...

Sec. 46.08.030. Intent concerning the abatement of oil or hazardous substance releases. - It is the intent of the legislature and declared to...

Sec. 46.08.040. Uses of the fund. - (a) In addition to money in the response account of...

Sec. 46.08.045. Use of the response account; declared disasters. - (a) The commissioner may use money from the response account...

Sec. 46.08.050. Records of the fund. - (a) The department shall maintain accounting records showing the income...

Sec. 46.08.060. Report. - (a) The commissioner shall make available a report to the...

Sec. 46.08.070. Reimbursement for containment and cleanup. - (a) Except as provided in (e) of this section, the...

Sec. 46.08.075. Liens against property as security for state expenditures. - (a) The state has a lien for expenditures by the...

Sec. 46.08.080. Regulations. - The commissioner shall periodically review the minimum quantities of hazardous...

Article 2. Oil and Hazardous Substance Response Office.

Sec. 46.08.100. Office established. - There is established in the department the oil and hazardous...

Sec. 46.08.130. Duties of the office. - (a) The office shall be prepared to respond promptly to...

Sec. 46.08.140. Emergency powers and rights of property owners. - (a) When the office has reasonable grounds to believe that...

Sec. 46.08.150. Contracts. - The department may enter into agreements with agencies of the...

Sec. 46.08.160. Limitation of liability. - The state, an employee of the state, and a member...

Sec. 46.08.190. Definition of “office” for AS 46.08.100 - 46.08.190. - In AS 46.08.100 - 46.08.190, “office” means the oil and...

Article 3. General Provisions.

Sec. 46.08.900. Definitions. - In this chapter, (1) “capital improvement” includes construction, renovation, repair...

Chapter 09. Hazardous Substance Release Control

Sec. 46.09.010. Report of hazardous substance releases. - (a) Except as provided in (b) of this section, a...

Sec. 46.09.020. Containment and cleanup of a released hazardous substance. - (a) A person who causes a release of a hazardous...

Sec. 46.09.030. Disaster emergencies. - The commissioner of environmental conservation or the adjutant general of...

Sec. 46.09.040. Hazardous substances containment and cleanup. - The department may contract with a person or a municipality...

Sec. 46.09.050. Compacts authorized. - The governor may enter into supplementary agreements, reciprocal arrangements, and...

Sec. 46.09.060. Municipalities. - (a) If a provision of this chapter or of a...

Sec. 46.09.070. Regulations. - The commissioner shall periodically review the minimum quantities of hazardous...

Sec. 46.09.900. Definitions. - In this chapter, (1) “commissioner” means the commissioner of environmental...

Chapter 11. Conservation of Energy and Materials

Sec. 46.11.020. Training of public building maintenance personnel. - Persons responsible for the maintenance of public buildings designed with...

Sec. 46.11.040. Applicability of thermal and lighting energy standards to residential buildings. - State financial assistance may not be approved or granted for...

Sec. 46.11.050. Financing of energy efficient homes and buildings. - (a) After December 31, 1980, a financial institution shall take...

Sec. 46.11.060. Recycling of materials by state agencies. - (a) A state agency shall to the greatest extent practicable...

Sec. 46.11.070. Waste reduction and recycling awards for schools. - (a) In consultation with the Department of Education and Early...

Sec. 46.11.900. Definitions. - In this chapter, (1) “alternative energy system” (A) means a...

Chapter 14. Air Quality Control

Article 1. General Regulations and Classifications.

Sec. 46.14.010. Emission control regulations. - (a) After public hearing, the department may adopt regulations under...

Sec. 46.14.015. Special procedure for more stringent regulations. - (a) Before the department adopts a regulation described under AS...

Sec. 46.14.020. Classification of stationary sources or emissions units; reporting. - (a) The department, by regulation, may classify stationary sources or...

Sec. 46.14.030. State air quality plan. - The department shall act for the state in any negotiations...

Article 2. Emission Control Permit Program.

Sec. 46.14.120. Permits for construction, installation, modification, or operation. - (a) Before constructing, installing, modifying, or establishing a stationary source...

Sec. 46.14.130. Stationary sources requiring permits. - (a) The owner and operator shall obtain a construction permit...

Sec. 46.14.140. Emission control permit program regulations. - (a) The department shall adopt regulations to address substantive and...

Sec. 46.14.150. Time for submission of operating permit applications. - (a) The owner and operator of a stationary source required...

Sec. 46.14.160. Completeness determination. - (a) The department shall review every application submitted under this...

Sec. 46.14.170. Administrative actions regarding permits. - (a) Except as provided in AS 46.14.220 or in regulations...

Sec. 46.14.180. Monitoring. - Monitoring by the owner and operator of stack emissions or...

Sec. 46.14.190. Single permit. - (a) Except as provided in (b) of this section, the...

Sec. 46.14.200. Review of permit action. - A person who has a private, substantive, legally protected interest...

Sec. 46.14.210. General operating permits. - After notice and opportunity for public comment and hearing, the...

Sec. 46.14.211. General minor permits. - After notice and opportunity for public comment and hearing, the...

Sec. 46.14.215. Temporary operations. - For purposes of AS 46.14.130(b), the department may issue a...

Sec. 46.14.220. Objection by federal administrator. - (a) An operating permit may not be issued under this...

Sec. 46.14.230. Duration of operating permits. - (a) An operating permit under this chapter, including an operating...

Sec. 46.14.235. Federal termination, modification, or revocation and reissuance of permits. - The department shall take measures practicable and otherwise lawful to...

Sec. 46.14.240. Permit administration fees. - (a) The owner or operator of a stationary source who...

Sec. 46.14.250. Emission fees. - (a) A person named as permittee in a permit issued...

Sec. 46.14.255. Interest and sanctions for nonpayment. - (a) The department may assess interest against the owner and...

Sec. 46.14.260. Clean air protection fund. - (a) The clean air protection fund is established. The fund...

Sec. 46.14.265. Emission control permit receipts account. - (a) The emission control permit receipts account is established in...

Sec. 46.14.270. Clean air protection account. - Civil or criminal penalties, fines, assessments, or damages, and interest,...

Sec. 46.14.275. Timely and complete application as shield. - If an owner and operator have submitted a timely and...

Sec. 46.14.280. Termination, modification, reopening, or revocation and reissuance of permits by the department. - (a) After 30 days' written notice to the permittee, the...

Sec. 46.14.285. Amendment and modification of permit upon request of permittee. - (a) A permittee may request (1) a permit amendment that...

Sec. 46.14.290. Permit as shield. - (a) To the extent allowed under 42 U.S.C. 7661c(f) (Clean...

Article 3. Small Business Assistance Program.

Sec. 46.14.300. Small business assistance program. - (a) A small business assistance program is established in the...

Sec. 46.14.310. Power to limit small business assistance program. - (a) After consultation with the federal administrator and the administrator...

Sec. 46.14.320. Compliance advisory panel. - (a) There is established in the department a compliance advisory...

Article 4. Local Programs.

Sec. 46.14.400. Local air quality control programs. - (a) With the approval of the department, a municipality may...

Sec. 46.14.410. Inadequacy of local program. - (a) If a municipality or a local air quality district...

Article 5. Miscellaneous Provisions.

Sec. 46.14.500. Air pollution from outer continental shelf activities. - (a) The department shall seek delegation of authority from the...

Sec. 46.14.510. Motor vehicle pollution. - (a) When the department determines that the state of knowledge...

Sec. 46.14.515. Inspection. - (a) An officer or employee of the department designated by...

Sec. 46.14.520. Confidentiality of trade secrets. - Records, reports, and information, and parts of records, reports, and...

Sec. 46.14.525. Public records. - Except as provided in AS 46.14.520, permits, permit applications, emissions...

Sec. 46.14.530. State and federal aid. - (a) A municipality or local air quality district with a...

Sec. 46.14.540. Authority of department in cases of emergency. - (a) When the commissioner finds that an act of God,...

Sec. 46.14.550. Responsibilities of owner and operator; agent for service. - Notwithstanding use of the conjunctive or disjunctive in a provision...

Sec. 46.14.560. Unavoidable malfunctions and emergencies. - Excess emissions caused by an unavoidable emergency, a malfunction, or...

Article 6. General Provisions.

Sec. 46.14.900. Limitations. - This chapter does not (1) grant jurisdiction or authority with...

Sec. 46.14.990. Definitions. - In this chapter, (1) “air pollutant” has the meaning given...

Chapter 15. Water Use Act

Article 1. Administration.

Sec. 46.15.010. Determination of water rights. - The Department of Natural Resources shall determine and adjudicate rights...

Sec. 46.15.020. Authority and duties of the commissioner. - (a) The commissioner shall exercise all those powers and do...

Article 2. Appropriation and Use of Water.

Sec. 46.15.030. Water reserved to the people. - Wherever occurring in a natural state, the water is reserved...

Sec. 46.15.035. Appropriation or removal of water out of hydrologic units to other hydrologic units; water conservation fee; reservation of water for fish. - (a) Water may not be removed from the hydrologic unit...

Sec. 46.15.037. Sale of water by the state. - (a) The commissioner may provide for the sale of water...

Sec. 46.15.040. Right to appropriate. - (a) A right to appropriate water can be acquired only...

Sec. 46.15.050. Priority. - (a) Priority of appropriation gives prior right. Priority of appropriation...

Sec. 46.15.060. Existing rights. - A water right acquired by law before July 1, 1966...

Sec. 46.15.065. Determination of existing rights. - (a) A claimant of an existing right under AS 46.15.060...

Sec. 46.15.080. Criteria for issuance of permit. - (a) The commissioner shall issue a permit if the commissioner...

Sec. 46.15.090. Preference in granting permits. - When there are competing applications for water from the same...

Sec. 46.15.100. Terms of permit. - The commissioner may issue a permit for less than the...

Sec. 46.15.110. Time for construction and completion. - A permit may place a time limit for beginning construction...

Sec. 46.15.120. Certificates. - Upon completion of construction of the works and commencement of...

Sec. 46.15.133. Notices; objections. - (a) If the commissioner proposes a sale of water or...

Sec. 46.15.140. Abandonment, forfeiture, and reversion of appropriations. - (a) The commissioner may declare an appropriation to be wholly...

Sec. 46.15.145. Reservation of water. - (a) The state, an agency or a political subdivision of...

Sec. 46.15.150. Preferred use. - (a) An applicant who asserts and proves a preferred use...

Sec. 46.15.155. Authorization for temporary use of water. - (a) Notwithstanding any contrary provision of this chapter, the commissioner...

Sec. 46.15.160. Transfer and change of appropriations. - (a) The right to use water under an appropriation or...

Sec. 46.15.165. Administrative adjudications. - (a) The commissioner may, by order, initiate an administrative adjudication...

Sec. 46.15.166. Judicial adjudications. - (a) Instead of initiating an adjudication under AS 46.15.165, the...

Sec. 46.15.167. Effect of decision. - The final order of the commissioner under AS 46.15.165 and...

Sec. 46.15.168. Other actions. - (a) The state may timely intervene as a party in...

Sec. 46.15.169. Federal reserved water rights. - This chapter does not represent a commitment by the state...

Sec. 46.15.170. Effect of recording. - (a) A deed, lease, contract, assignment of permit, or other...

Sec. 46.15.175. Termination of permit for violation. - (a) If the commissioner has reason to believe that a...

Sec. 46.15.180. Crimes. - (a) A person may not (1) construct works for an...

Sec. 46.15.185. Appeals. - Appeals to the superior court under this chapter are subject...

Article 3. Water Resources Board.

Sec. 46.15.190. The Water Resources Board. - There is created the Water Resources Board composed of seven...

Sec. 46.15.200. Term of office. - The term of office for members of the board is...

Sec. 46.15.210. Duties of the board. - The board shall inform and advise the governor on all...

Sec. 46.15.220. Board meetings. - The board shall hold one regular meeting annually at the...

Sec. 46.15.230. Public meetings. - The board may hold and conduct public meetings at any...

Sec. 46.15.240. Compensation of board members. - Each member of the board is entitled to travel expenses...

Article 4. General Provisions.

Sec. 46.15.250. Enforcement authority. - The following persons are peace officers of the state and...

Sec. 46.15.255. Enforcement and costs. - (a) In addition to a penalty imposed under AS 46.15.180...

Sec. 46.15.256. Data collection authority. - To carry out the provisions of this chapter, the commissioner...

Sec. 46.15.260. Definitions. - In this chapter, unless the context otherwise requires, (1) “appropriate”...

Sec. 46.15.270. Short title. - This chapter may be cited as the Alaska Water Use...

Chapter 16. Management and Use of Water in Mining

Sec. 46.16.010. Mining water use review committee established. - The mining water use review committee is established. The review...

Sec. 46.16.020. Membership of the review committee. - (a) The review committee consists of the commissioner of natural...

Sec. 46.16.030. Responsibility of the review committee. - (a) The review committee shall select a presiding officer and...

Sec. 46.16.040. Responsibility of commissioner of natural resources. - The commissioner of natural resources shall administer the innovative gold...

Sec. 46.16.050. Responsibility of commissioner of environmental conservation. - The commissioner of environmental conservation shall administer the innovative pollution...

Sec. 46.16.060. Uniform regulations. - The commissioner of natural resources and the commissioner of environmental...

Sec. 46.16.070. Innovative gold recovery demonstration grant program. - (a) The innovative gold recovery demonstration grant program is established...

Sec. 46.16.080. Innovative pollution control demonstration grant program. - (a) The innovative pollution control demonstration grant program is established...

Sec. 46.16.090. Access to information. - (a) All information generated as a result of grants made...

Sec. 46.16.100. Patents. - A person who applies for a grant under this chapter...

Chapter 17. Supervision of Safety of Dams and Reservoirs

Sec. 46.17.010. Purpose. - It is the purpose of this chapter to provide for...

Sec. 46.17.020. Administration and staffing. - The department shall supervise the safety of dams and reservoirs....

Sec. 46.17.030. Regulations and orders. - The department shall adopt regulations and issue orders necessary to...

Sec. 46.17.040. Approval required. - (a) Except in the performance of routine maintenance and operations...

Sec. 46.17.050. Inspections. - At least once every five years the department shall inspect...

Sec. 46.17.060. Entry upon property. - (a) If the department has given two weeks' written notice...

Sec. 46.17.070. Determining danger. - In determining whether a dam or reservoir, or proposed dam...

Sec. 46.17.080. Injunction and damages. - With the assistance of the attorney general, the department may...

Sec. 46.17.090. Judicial review. - A final action of the department under this chapter is...

Sec. 46.17.100. Other government agencies. - (a) The department may enter into cooperative agreements with municipalities...

Sec. 46.17.110. Action against state for damages. - (a) Except as provided in (b) of this section, a...

Sec. 46.17.120. Duties of owner. - This chapter does not relieve an owner of a dam...

Sec. 46.17.150. Penalties. - (a) A person is guilty of a class A misdemeanor...

Sec. 46.17.900. Definitions. - In this chapter, unless the context requires otherwise, (1) “alteration”...

Chapter 30. Water and Wastewater Works Operators

Sec. 46.30.010. Classification. - The department shall classify all potable water systems and facilities...

Sec. 46.30.020. Water and Wastewater Works Advisory Board. - There is created the Water and Wastewater Works Advisory Board...

Sec. 46.30.030. Training. - The department shall, with the assistance and advice of the...

Sec. 46.30.040. Certification of operators required. - All potable water supply and wastewater systems and facilities, whether...

Sec. 46.30.050. Examinations. - Examinations shall be held at least annually at times and...

Sec. 46.30.060. Certification. - The department shall issue certification entitling those persons who successfully...

Sec. 46.30.070. Certificates without examination. - Certificates may be issued without an examination to persons employed...

Sec. 46.30.080. Regulations. - The department, with the advice of the Water and Wastewater...

Sec. 46.30.090. Guidelines. - The department, to the extent it determines feasible, shall be...

Sec. 46.30.100. Reciprocity. - Certificates may be issued without examination in the comparable classification...

Sec. 46.30.110. Temporary certification. - In the event of unusual or emergency circumstances or following...

Sec. 46.30.120. Prohibited acts. - It is unlawful (1) for any potable water supply or...

Sec. 46.30.130. Definitions. - In this chapter, (1) “certificate” means certificate of competency issued...

Chapter 35. Permit Extension

Sec. 46.35.300. Extension of resource extraction or removal related permits. - (a) The department that issued the permit shall extend a...

Chapter 39. Coastal Management Administration -

Chapter 45. Northwest Interstate Compact on Low-level Radioactive Waste Management

Sec. 46.45.010. Compact enacted. - The Northwest Interstate Compact on Low-Level Radioactive Waste Management, as...

Sec. 46.45.020. Implementation. - The commissioner of environmental conservation may adopt regulations and do...

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Alaska Statutes Title 46. Water, Air, Energy, and Environmental Conservation

Alaska Statutes
Title 46. Water, Air, Energy, and Environmental Conservation