reglab/housing_qa huggingface dataset:
AK Stat § 46.04.200 (2021)
2021 Alaska Statutes|Title 46. Water, Air, Energy, and Environmental Conservation|Chapter 04. Oil and Hazardous Substance Pollution Control|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 necessary a statewide master oil and hazardous substance discharge prevention and contingency plan. (b) The state master plan prepared under this section must (1) take into consideration the elements of an oil discharge prevention and contingency plan approved or submitted for approval under AS 46.04.030; (2) include incident command systems that clarify and specify the respective responsibilities of each of the following in the assessment, containment, and cleanup of various types and sizes of discharges of oil or a hazardous substance into the environment of the state: (A) the Department of Environmental Conservation, the division of homeland security and emergency management in the Department of Military and Veterans' Affairs, and other agencies of the state; responsibilities assigned to each agency must be consistent with its statutory authority; (B) municipalities of the state; (C) appropriate federal agencies; (D) operators of facilities; (E) private parties whose land and other property may be affected by the oil or hazardous substance discharge; and (F) other parties identified by the commission as having an interest in or the resources to assist in the containment and cleanup of an oil or hazardous substance discharge; (3) include incident command systems that specify the respective responsibilities of parties identified in (2) of this subsection in an emergency response under AS 26.23, AS 46.03.865, AS 46.04.080, or AS 46.09.030; responsibilities assigned to each state agency must be consistent with its statutory authority; and (4) identify actions necessary to reduce the likelihood of discharges of oil or hazardous substances. (c) If the commissioner determines that the state master plan should be revised, the commissioner shall (1) consult with municipal, community, and local emergency planning committee officials, and with representatives of affected regional organizations; (2) submit the draft plan with revisions to the public for review and comment; (3) submit to the legislature for review, not later than the 10th day following the convening of each regular session, any revision of the plan; and (4) submit any revision of the plan to the Alaska State Emergency Response Commission for its review under AS 26.23.077. (d) In order to determine whether the state master plan should be revised, or at any other time the commissioner determines it necessary, the commissioner shall require or schedule unannounced oil spill drills to test the sufficiency of an oil discharge prevention and contingency plan approved under AS 46.04.030 or of the cleanup plans of a party identified under (b)(2) of this section.
AK Stat § 46.04.210 (2021)
2021 Alaska Statutes|Title 46. Water, Air, Energy, and Environmental Conservation|Chapter 04. Oil and Hazardous Substance Pollution Control|Article 2. Oil and Hazardous Substance Discharge and Prevention Contingency Plans.|Sec. 46.04.210. Regional master plan.

(a) For any region of the state, the boundaries of which are determined by the commissioner by regulation, in which the department is required to review and approve an oil discharge prevention and contingency plan submitted by a person under AS 46.04.030, the department shall prepare, annually review, and revise as necessary a regional master oil and hazardous substance discharge prevention and contingency plan. (b) The provisions of AS 46.04.200(b) and (c) apply to preparation and review of a regional master plan under this section. (c) In setting boundaries under (a) of this section, the department shall, when possible, group together communities that are likely to require coordination of their efforts to respond effectively to a discharge.
AK Stat § 46.04.300 (2021)
2021 Alaska Statutes|Title 46. Water, Air, Energy, and Environmental Conservation|Chapter 04. Oil and Hazardous Substance Pollution Control|Article 3. Uniform Environmental Covenants Act.|Sec. 46.04.300. Environmental covenant.

(a) An environmental covenant is required if the department makes a remedial decision as part of an environmental response project and that environmental response project results in (1) residual contamination remaining in the environment in concentrations that are safe for some, but not all, uses; or (2) an engineered feature or structure that requires monitoring, maintenance, or operation, or that will not function as intended if disturbed. (b) An environmental covenant may be held by one or more holders. A holder may own an interest in the real property subject to an environmental covenant. The interest of a holder is an interest in real property. (c) A right of the department under AS 46.04.300 - 46.04.390 or under an environmental covenant, other than a right as a holder, is not an interest in real property. (d) The department is bound by any obligation it specifically assumes in an environmental covenant, but the department does not assume obligations merely by signing an environmental covenant. A person other than the department that signs an environmental covenant is bound by the obligations the person assumes in the environmental covenant, but signing the environmental covenant does not change obligations, rights, or protections granted or imposed under law other than under AS 46.04.300 - 46.04.390 unless otherwise provided in the environmental covenant. (e) The following apply to interests in real property in existence at the time an environmental covenant is created or amended: (1) an interest that has priority under other law is not affected by an environmental covenant unless the person that owns the interest subordinates that interest to the environmental covenant; (2) AS 46.04.300 - 46.04.390 do not require a person that owns a prior interest to subordinate that interest to an environmental covenant or to agree to be bound by the environmental covenant; (3) an environmental covenant may contain a subordination agreement, or a subordination agreement may be contained in a separate record; (4) the department may decide not to sign an environmental covenant unless each person holding an interest in the land or any part of the land, including each mortgagee, lessee, lienor, and encumbrancer, irrevocably subordinates the interest to the environmental covenant; the department may waive the requirement in this paragraph; (5) an agreement by a person to subordinate a prior interest to an environmental covenant affects the priority of that person's interest but does not by itself impose any affirmative obligation on the person with respect to the environmental covenant; (6) if the environmental covenant covers commonly owned property in a common interest community, the record may be signed by any person authorized by the governing board of the owners' association.
AK Stat § 46.04.305 (2021)
2021 Alaska Statutes|Title 46. Water, Air, Energy, and Environmental Conservation|Chapter 04. Oil and Hazardous Substance Pollution Control|Article 3. Uniform Environmental Covenants Act.|Sec. 46.04.305. Contents of environmental covenant.

(a) An environmental covenant must (1) state that the interest is an environmental covenant executed under AS 46.04.300 - 46.04.390; (2) contain a legally sufficient description of the real property subject to the environmental covenant; (3) describe the activity and use limitations on the real property; (4) identify every holder; (5) be signed by the commissioner of the department, every holder, and, unless waived by the department, every owner of the fee simple of the real property subject to the environmental covenant except that for an environmental covenant affecting a land or mineral interest of the Department of Natural Resources, the signature of the commissioner of natural resources may not be waived; and (6) identify the name and location of any administrative record for the environmental response project reflected in the environmental covenant. (b) In addition to the information required under (a) of this section, an environmental covenant may contain other information, restrictions, and requirements agreed to by the persons who signed it or required by the department, including (1) requirements for notice following transfer of a specified interest in, or concerning proposed changes in use of, applications for building permits for, or proposals for any site work affecting the contamination on, the property subject to the environmental covenant; (2) requirements for periodic reporting describing compliance with the environmental covenant; (3) rights of access to the property granted in connection with implementation or enforcement of the environmental covenant; (4) a brief narrative description of the contamination and remedy, including the contaminants of concern, the pathways of exposure, limits on exposure, and the location and extent of the contamination; (5) a limitation on the amendment or termination of the environmental covenant that is in addition to the limitations contained in AS 46.04.300 - 46.04.390; and (6) rights of the holder in addition to the right of the holder to enforce the environmental covenant under AS 46.04.335. (c) In addition to other conditions for the department's approval of an environmental covenant, the department may require a specified person who has an interest in the real property that is the subject of the environmental covenant to sign the environmental covenant.
AK Stat § 46.04.310 (2021)
2021 Alaska Statutes|Title 46. Water, Air, Energy, and Environmental Conservation|Chapter 04. Oil and Hazardous Substance Pollution Control|Article 3. Uniform Environmental Covenants Act.|Sec. 46.04.310. Validity of environmental covenant; effect on other instruments.

(a) An environmental covenant entered into in accordance with AS 46.04.300 - 46.04.390 runs with the land. (b) An environmental covenant is valid and enforceable even if (1) it is not appurtenant to an interest in real property; (2) it can be or has been assigned to a person other than the original holder; (3) it is not of a character that has been traditionally recognized at common law; (4) it imposes a negative burden; (5) it imposes an affirmative obligation on a person having an interest in the real property or on the holder; (6) the benefit or burden does not touch or concern real property; (7) there is no privity of estate or contract; (8) the holder dies, ceases to exist, resigns, or is replaced; or (9) the owner of an interest subject to the environmental covenant and the holder are the same person. (c) An instrument that creates restrictions or obligations with respect to real property that would qualify as activity and use limitations except for the fact that the instrument was recorded before the effective date of AS 46.04.300 - 46.04.390 is not invalid or unenforceable because of any of the limitations on enforcement of interests described in (b) of this section or because it was identified as an easement, servitude, deed restriction, or other interest. Except as provided in this section, AS 46.04.300 - 46.04.390 do not apply to an instrument described in this subsection. (d) AS 46.04.300 - 46.04.390 do not invalidate or render unenforceable any interest, whether designated as an environmental covenant or other interest, that is otherwise enforceable under the law of this state.
AK Stat § 46.04.315 (2021)
2021 Alaska Statutes|Title 46. Water, Air, Energy, and Environmental Conservation|Chapter 04. Oil and Hazardous Substance Pollution Control|Article 3. Uniform Environmental Covenants Act.|Sec. 46.04.315. Notice of environmental covenant.

(a) A copy of the environmental covenant shall be provided by the persons and in the manner required by the department to (1) each person that signed the environmental covenant; (2) each person holding a recorded interest in the real property subject to the environmental covenant; (3) each person in possession of the real property subject to the environmental covenant; (4) each municipality or other unit of local government in which real property subject to the environmental covenant is located; and (5) any other person the department requires. (b) The validity of an environmental covenant is not affected by failure to provide a copy of the environmental covenant as required under this section.
AK Stat § 46.04.320 (2021)
2021 Alaska Statutes|Title 46. Water, Air, Energy, and Environmental Conservation|Chapter 04. Oil and Hazardous Substance Pollution Control|Article 3. Uniform Environmental Covenants Act.|Sec. 46.04.320. Recording of environmental covenant.

(a) An environmental covenant and an amendment or termination of the environmental covenant must be recorded in every recording district in which any portion of the real property subject to the environmental covenant is located. For purposes of indexing, a holder shall be treated as a grantee. (b) An owner of land may not record an environmental covenant unless the owner simultaneously records any subordination documentation required under AS 46.04.300(e). (c) Except as otherwise provided in AS 46.04.325(f), an environmental covenant is subject to state law governing recording and priority of interests in real property. (d) A holder shall provide a copy of the final recorded environmental covenant, an amendment made to the environmental covenant, termination documentation, and documentation of other matters related to the environmental covenant to the department.
AK Stat § 46.04.330 (2021)
2021 Alaska Statutes|Title 46. Water, Air, Energy, and Environmental Conservation|Chapter 04. Oil and Hazardous Substance Pollution Control|Article 3. Uniform Environmental Covenants Act.|Sec. 46.04.330. Amendment or termination of environmental covenant by consent.

(a) An environmental covenant may be amended or terminated if the amendment or termination is consented to and signed (1) by the department; (2) unless waived by the department, by the current owner of the fee simple of the real property subject to the environmental covenant; (3) by each person that originally signed the environmental covenant, unless the person (A) waived the right to consent to termination or modification in the environmental covenant or in another signed and acknowledged instrument recorded with the recording district; (B) fails to object to the amendment or termination within 60 days after a party to the covenant mails, by certified mail, return receipt requested, to the person's last known address, a notice requesting the person's consent to amendment or termination and the return receipt is signed by the person; or (C) cannot be found, as determined by a court, because the person no longer exists or cannot be located or identified with the exercise of reasonable diligence; and (4) except as otherwise provided in (d)(2) of this section, by the holder. (b) If an interest in real property is subject to an environmental covenant, the interest is not affected by an amendment of the environmental covenant unless the current owner of the interest consents to the amendment or has waived in a signed record the right to consent to amendments. (c) Except for an assignment undertaken under a governmental reorganization, assignment of an environmental covenant to a new holder is an amendment. (d) Except as otherwise provided in an environmental covenant, (1) a holder may not assign its interest without consent of the other parties specified in (a) of this section; (2) a holder may be removed and replaced by agreement of the other parties specified in (a) of this section; and (3) a court of competent jurisdiction may fill a vacant holder position.
AK Stat § 46.04.335 (2021)
2021 Alaska Statutes|Title 46. Water, Air, Energy, and Environmental Conservation|Chapter 04. Oil and Hazardous Substance Pollution Control|Article 3. Uniform Environmental Covenants Act.|Sec. 46.04.335. Enforcement of environmental covenant.

(a) The department is the administrating agency for AS 46.04.300 - 46.04.390 and is empowered to administer and enforce AS 46.04.300 - 46.04.390 using the civil or administrative authority granted to it in AS 46.03. However, the department may, but is not required to, assume any administration or enforcement functions other than those directly related to the environmental covenant. (b) A civil action for injunctive or other equitable relief for violation of an environmental covenant may be maintained by (1) a party to the environmental covenant; (2) the department; (3) a person that the environmental covenant expressly grants the power to enforce the environmental covenant; (4) a person whose interest in the real property or whose collateral or liability may be affected by the alleged violation of the environmental covenant; or (5) a municipality or other unit of government that governs the real property subject to the environmental covenant. (c) AS 46.04.300 - 46.04.390 do not limit the regulatory authority of the department in an environmental response project. (d) A person is not responsible for or subject to liability for environmental remediation solely because the person has the right to enforce an environmental covenant.
AK Stat § 46.04.345 (2021)
2021 Alaska Statutes|Title 46. Water, Air, Energy, and Environmental Conservation|Chapter 04. Oil and Hazardous Substance Pollution Control|Article 3. Uniform Environmental Covenants Act.|Sec. 46.04.345. Relationship to other land-use law.

AS 46.04.300 - 46.04.390 do not authorize a use of real property that is otherwise prohibited under AS 29.40 or AS 38.05.037, by law other than AS 46.04.300 - 46.04.390 regulating use of real property, or by a recorded instrument that has priority over the environmental covenant or a notice of activity and use limitation. An environmental covenant or a notice of activity and use limitation may prohibit or restrict uses of real property that are authorized by zoning or by law other than AS 46.04.300 - 46.04.390.
AK Stat § 46.04.350 (2021)
2021 Alaska Statutes|Title 46. Water, Air, Energy, and Environmental Conservation|Chapter 04. Oil and Hazardous Substance Pollution Control|Article 3. Uniform Environmental Covenants Act.|Sec. 46.04.350. Registry.

The department shall maintain a registry that contains all environmental covenants and notices of activity and use limitation and any amendment or termination of those instruments. The registry may also contain any other information concerning environmental covenants and notices of activity and use limitation and the real property subject to them that the department considers appropriate.
AK Stat § 46.04.355 (2021)
2021 Alaska Statutes|Title 46. Water, Air, Energy, and Environmental Conservation|Chapter 04. Oil and Hazardous Substance Pollution Control|Article 3. Uniform Environmental Covenants Act.|Sec. 46.04.355. Uniformity of application and construction.

In applying and construing AS 46.04.300 - 46.04.390, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact similar provisions.
AK Stat § 46.04.390 (2021)
2021 Alaska Statutes|Title 46. Water, Air, Energy, and Environmental Conservation|Chapter 04. Oil and Hazardous Substance Pollution Control|Article 3. Uniform Environmental Covenants Act.|Sec. 46.04.390. Definitions.

In AS 46.04.300 - 46.04.390, (1) “common interest community” means a condominium, cooperative, or other real property with respect to which a person, by virtue of the person's ownership of a parcel of real property, is obligated to pay property taxes or insurance premiums, or pay for maintenance, or improvement of other real property described in a recorded environmental covenant that creates the common interest community; (2) “environmental covenant” means a servitude arising under an environmental response project that imposes activity and use limitations; (3) “environmental response project” means a plan or work performed or maintenance of work performed under a federal or state program (A) including this chapter, AS 46.03, AS 46.09, 42 U.S.C. 9601 - 9675 (Comprehensive Environmental Response, Compensation and Liability Act of 1980), as amended, and 42 U.S.C. 6901 - 6992k (Resource Conservation and Recovery Act of 1976), as amended, governing environmental remediation and management of contaminated real property; or (B) governing maintenance, closure, or corrective action of a solid waste disposal facility or hazardous waste management unit; (4) “holder” means the grantee of an environmental covenant as specified in AS 46.04.300(b); (5) “notice of activity and use limitation” means a notice of a restriction on or obligation concerning an activity on or use of real property, in accordance with AS 46.04.300 - 46.04.390; (6) “record” has the meaning given in AS 40.17.900.
AK Stat § 46.04.890 (2021)
2021 Alaska Statutes|Title 46. Water, Air, Energy, and Environmental Conservation|Chapter 04. Oil and Hazardous Substance Pollution Control|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 under this chapter need not conform to AS 44.62.330 - 44.62.630 (Administrative Procedure Act).
AK Stat § 46.08.005 (2021)
2021 Alaska Statutes|Title 46. Water, Air, Energy, and Environmental Conservation|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 or hazardous substances into the environment presents a real and substantial threat to the public health and welfare, to the environment, and to the economy of the state. The legislature therefore concludes that it is in the best interest of the state and its citizens to provide a fund containing two accounts. Within the fund, (1) one account consists of money readily available to the commissioner for the payment of the expenses incurred by the department during a response to a release or threatened release of oil or hazardous substances when authorized by AS 46.08.045 and for related purposes intended to address those releases; (2) the other account consists of money that the state may use during a response to a release of oil or a hazardous substance, other than one described in (1) of this section, and to a threatened release of oil or a hazardous substance, to pay the expenses of making preparations for the possibility of a release or threatened release of oil or hazardous substances, to reduce the amount, degree, or intensity of a release or threatened release, and for other related purposes identified in law.
AK Stat § 46.08.010 (2021)
2021 Alaska Statutes|Title 46. Water, Air, Energy, and Environmental Conservation|Chapter 08. Oil and Hazardous Substance Releases|Article 1. Release Prevention and Response Fund; Reimbursement; Liens.|Sec. 46.08.010. Fund established.

(a) There is established in the state general fund the oil and hazardous substance release prevention and response fund. The fund shall be administered by the commissioner. The fund is composed of two accounts, (1) the oil and hazardous substance release prevention account; (2) the oil and hazardous substance release response account. (b) Money from an appropriation made to an account in the fund remaining in that account at the end of a fiscal year does not lapse and remains available for expenditure in successive fiscal years. (c) The fund shall be used for actual expenses incurred under AS 46.08.040. Except as provided in AS 46.08.040(a)(2)(D) for the acquisition, repair, or improvement of assets as preparedness measures, the fund may not be used for capital improvements.