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Article 1. Declaration of Policy.
Sec. 46.03.010. Declaration of policy. - (a) It is the policy of the state to conserve,...
Article 2. Department of Environmental Conservation.
Sec. 46.03.020. Powers of the department. - The department may (1) enter into contracts and compliance agreements...
Sec. 46.03.022. Dental radiological equipment. - [See delayed amendment note.] This title does not authorize the...
Sec. 46.03.024. Consideration in adopting pollution regulations. - Notwithstanding another provision of law to the contrary, when adopting...
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 - (a) [Repealed, § 19 ch 220 SLA 1976.]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,...