reglab/housing_qa huggingface dataset:
AK Stat § 46.14.320 (2021)
2021 Alaska Statutes|Title 46. Water, Air, Energy, and Environmental Conservation|Chapter 14. Air Quality Control|Article 3. Small Business Assistance Program.|Sec. 46.14.320. Compliance advisory panel.

(a) There is established in the department a compliance advisory panel whose members shall serve staggered three-year terms. A member may not serve more than two three-year terms consecutively. (b) The panel consists of (1) two members who are not owners or representatives of owners of small business facilities, selected by the governor to represent the general public; (2) one member selected by the commissioner to represent the department; and (3) four members who are owners or representatives of owners of small business facilities, selected as follows: (A) one shall be selected by the president of the senate and one shall be selected by the speaker of the house; (B) if there are members of the senate who are not part of the majority caucus of the senate, the leader of the largest nonmajority group shall select a panel member; if all members of the senate are in the majority caucus, then the president of the senate shall select a second panel member in addition to the selection authorized under (A) of this paragraph; (C) if there are members of the house who are not part of the majority caucus of the house, the leader of the largest nonmajority group shall select a panel member; if all members of the house are in the majority caucus, then the speaker of the house shall select a second panel member in addition to the selection authorized under (A) of this paragraph. (c) The panel members shall serve without compensation but are entitled to transportation expenses and per diem as authorized for members of boards and commissions under AS 39.20.180. (d) The compliance advisory panel shall (1) elect a chair and agree upon procedures by which the panel will function; (2) meet annually and at the call of the chair and give public notice of panel meetings as required under AS 44.62.310 - 44.62.319 (Open Meetings Act); (3) prepare advisory opinions concerning the effectiveness of the small business assistance program, difficulties encountered in making the program efficient and effective, and degree of enforcement and severity of air pollution offenses; (4) make periodic reports to the administrator concerning the compliance of the small business assistance program with requirements of 44 U.S.C. 3501 (Paperwork Reduction Act), 5 U.S.C. 601 (Regulatory Flexibility Act), and 5 U.S.C. 504 (Equal Access to Justice Act); (5) review information designed to assist small business facilities in complying with this chapter to ensure that the information is understandable by the public; and (6) use the assistance of the small business advocate designated under AS 46.14.300(b) in the development and dissemination of panel reports and advisory opinions.
AK Stat § 46.14.410 (2021)
2021 Alaska Statutes|Title 46. Water, Air, Energy, and Environmental Conservation|Chapter 14. Air Quality Control|Article 4. Local Programs.|Sec. 46.14.410. Inadequacy of local program.

(a) If a municipality or a local air quality district has an approved local air quality control program and the department determines that the program is being implemented in a manner that fails to meet the terms of the cooperative agreement or is otherwise being inappropriately administered, the department shall give written notice setting out its determination to the municipality or local air quality district. Within 45 days after giving written notice, the department shall conduct a public hearing on the matter. The hearing shall be recorded by any means that ensures an accurate record. (b) If, after the hearing, the department upholds the determination made in the written notice, the department shall provide the municipality or local air quality district with a written finding setting out the nature of the deficiencies and a description of the necessary action to be taken to ensure that the local air quality control program prevents or controls air pollution. The department shall provide its finding to the municipality or district within 45 days after closure of the public hearing record. The department shall set a reasonable period of time for the municipality or local air quality district to take corrective action in response to the department's finding. (c) If the municipality or local air quality district fails to take corrective action within the time period set by the department under (b) of this section, the department shall terminate the cooperative agreement and resume management of air quality control in the affected jurisdiction. If the municipality or the local air quality district partially remedies, to the department's satisfaction, the deficiencies found in the determination, the department shall amend the cooperative agreement to reflect a modified allocation of responsibilities between the department and municipality or the local air quality district. (d) A municipality or local air quality district that has had its cooperative agreement terminated may, with the department's approval, resume a local air quality control program if the municipality or district agrees to comply with AS 46.14.400 and with any corrective action plan required by the department. (e) If the department finds that control of a particular class of stationary source or emissions unit, because of its complexity or magnitude, is beyond the reasonable capability of the municipality or the local air quality district or may be more efficiently and economically controlled at the state level, the department may assume and retain jurisdiction over the class of stationary source or emissions unit. Classifications under this subsection may be based on the nature of stationary sources or emissions units involved, their size relative to the size of the communities in which they are located, or another basis established by the department.
AK Stat § 46.14.500 (2021)
2021 Alaska Statutes|Title 46. Water, Air, Energy, and Environmental Conservation|Chapter 14. Air Quality Control|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 federal administrator to implement and enforce the terms and provisions of 42 U.S.C. 7627 (Clean Air Act, sec. 328) for the Pacific and Arctic Ocean areas offshore of the state. The department may adopt regulations that are necessary to acquire this delegated authority. (b) In adopting regulations under this section, the department shall ensure that stationary sources located within 25 miles of the seaward boundary of the state are subject to the same air quality control requirements that would be applicable if the stationary source were located in the corresponding onshore area. For purposes of this subsection, stationary sources located within 25 miles of the seaward boundary of the state include a vessel servicing or associated with the stationary source while at the stationary source or en route to or from the stationary source and within 25 miles of the stationary source. (c) In this section, “corresponding onshore area” means, with respect to a stationary source located within 25 miles of the seaward boundary of the state, the onshore attainment or nonattainment area that is closest to the stationary source, unless the commissioner determines that another area with more stringent requirements relating to control and abatement of air pollution may reasonably be expected to be affected by emissions from the offshore stationary source; this determination shall be based on the potential for air pollutants from the stationary source to reach the other onshore area and the potential of the air pollutants to affect the efforts of the other onshore area to attain or maintain a federal ambient air quality standard set under 42 U.S.C. 7470 - 7492 (Clean Air Act, secs. 160 - 169b) or a state equivalent.
AK Stat § 46.14.510 (2021)
2021 Alaska Statutes|Title 46. Water, Air, Energy, and Environmental Conservation|Chapter 14. Air Quality Control|Article 5. Miscellaneous Provisions.|Sec. 46.14.510. Motor vehicle pollution.

(a) When the department determines that the state of knowledge and technology may allow or make appropriate the control of emissions from motor vehicles to further air quality control, the department may provide, by regulation, for the control of the emissions from motor vehicles. The regulations may prescribe requirements for the installation and use of equipment designed to reduce or eliminate emissions and for the proper maintenance of this equipment. (b) Unless otherwise exempted by law, a person shall maintain in operating condition any element of the air pollution control system or mechanism of a motor vehicle that the department, by regulation, requires to be maintained in or on the motor vehicle. (c) The department shall consult with the Department of Administration regarding implementation of the motor vehicle pollution control program. The Department of Administration shall cooperate with the department in implementing the program. As a part of a motor vehicle pollution control program, the department or a municipality that enforces a motor vehicle pollution control program may determine if a vehicle is properly registered as required by law. (d) If the department adopts regulations requiring the maintenance of air pollution control systems or mechanisms in motor vehicles to control emissions from the vehicle, a motor vehicle subject to those regulations may not be issued a certificate of inspection unless the required air pollution control system or mechanism has been inspected in accordance with the standards, testing techniques, and instructions furnished by the department and the motor vehicle has been found to meet those standards. A valid certificate of inspection for the emission control system, if required by the department, must be presented to the Department of Administration before that department may register a motor vehicle. (e) If the department adopts regulations requiring emissions inspection for a motor vehicle, the department may not require the vehicle be inspected more than once every two years. (f) A person who fails to display an emissions inspection decal as required by law is guilty of a violation and, upon conviction, shall be fined an amount not to exceed $500. It is the intent of the legislature that money collected under this subsection be appropriated to control pollution from motor vehicle emissions. (g) In addition to the emission control inspection program fee imposed under AS 28.10.423, the department or a municipality may impose a fee upon a vehicle required to be inspected under a motor vehicle emission control program established under this chapter, but the fee may not exceed the actual costs of the department or the municipality in administering (1) the motor vehicle emission control inspection program; and (2) the related ambient air monitoring program.
AK Stat § 46.14.515 (2021)
2021 Alaska Statutes|Title 46. Water, Air, Energy, and Environmental Conservation|Chapter 14. Air Quality Control|Article 5. Miscellaneous Provisions.|Sec. 46.14.515. Inspection.

(a) An officer or employee of the department designated by the commissioner or an inspector authorized by the commissioner and certified under regulations adopted under AS 46.14.140(a)(14) may, upon presentation of credentials and at reasonable times with the consent of the owner or operator, enter upon or through any premises of a stationary source regulated under this chapter to (1) inspect and copy any records required to be maintained; (2) inspect any emissions unit, monitoring equipment, or method required to be used; or (3) sample any emissions that the owner and operator of the stationary source is required to sample. (b) During an inspection under this section, the inspector shall comply with applicable health and safety standards.
AK Stat § 46.14.520 (2021)
2021 Alaska Statutes|Title 46. Water, Air, Energy, and Environmental Conservation|Chapter 14. Air Quality Control|Article 5. Miscellaneous Provisions.|Sec. 46.14.520. Confidentiality of trade secrets.

Records, reports, and information, and parts of records, reports, and information, other than emission data, in the department's possession or control are considered confidential records and shall be kept confidential and in separate files if the owner and operator have certified under oath to the department or authorized local program that (1) public disclosure would tend to affect adversely the owner's and operator's competitive position; and (2) the records, reports, or information, or parts of the records, reports, or information, would divulge production figures, sales figures, processes, production techniques, or financial data of the owner and operator that are entitled to protection as trade secrets under AS 45.50.910 - 45.50.945 (Alaska Uniform Trade Secrets Act).
AK Stat § 46.14.525 (2021)
2021 Alaska Statutes|Title 46. Water, Air, Energy, and Environmental Conservation|Chapter 14. Air Quality Control|Article 5. Miscellaneous Provisions.|Sec. 46.14.525. Public records.

Except as provided in AS 46.14.520, permits, permit applications, emissions and monitoring reports, compliance reports, certifications, and monitoring, reporting, and quality assurance plans in the department's possession or control are available to the public for inspection and copying.
AK Stat § 46.14.530 (2021)
2021 Alaska Statutes|Title 46. Water, Air, Energy, and Environmental Conservation|Chapter 14. Air Quality Control|Article 5. Miscellaneous Provisions.|Sec. 46.14.530. State and federal aid.

(a) A municipality or local air quality district with a local air quality control program may apply for, receive, administer, and spend state aid for the control of air emissions or the development and administration of the program if an application is first submitted to and approved by the department. Subject to available money appropriated by the legislature for the purpose of this section, the department may approve an application if it is consistent with the terms and conditions of the applicable cooperative agreement and meets the requirements of this chapter. (b) A municipality or local air quality district with a local air quality control program may apply for, receive, administer, and spend federal aid for the control of air emissions or the development and administration of the program.
AK Stat § 46.14.540 (2021)
2021 Alaska Statutes|Title 46. Water, Air, Energy, and Environmental Conservation|Chapter 14. Air Quality Control|Article 5. Miscellaneous Provisions.|Sec. 46.14.540. Authority of department in cases of emergency.

(a) When the commissioner finds that an act of God, act of war, act of terrorism, or similar catastrophe necessitates emergency use of an unpermitted emissions unit or emergency use of a permitted emissions unit in a manner not authorized by the permit, the commissioner may waive procedural requirements of this chapter and issue an order to authorize emergency use of the emissions unit. When acting under this section, the commissioner shall impose conditions necessary to protect life, human health, welfare, property, and the environment and may impose other conditions the commissioner finds necessary and appropriate. (b) An authorization issued under this section automatically terminates within a reasonable time after abatement of the emergency, subject to a maximum of 30 days from the date of issuance. However, the commissioner may reissue an authorization, if warranted, that may remain in effect for up to another 30 days. An authorization may be reissued more than once. (c) A person acting under an order issued under (a) of this section is considered to be acting in compliance with the operating permit program established in this chapter. (d) The commissioner may delegate the commissioner's authority under this section to deputy commissioners and division directors in the department.
AK Stat § 46.14.550 (2021)
2021 Alaska Statutes|Title 46. Water, Air, Energy, and Environmental Conservation|Chapter 14. Air Quality Control|Article 5. Miscellaneous Provisions.|Sec. 46.14.550. Responsibilities of owner and operator; agent for service.

Notwithstanding use of the conjunctive or disjunctive in a provision of this chapter, before issuance of a permit under this chapter both the owner and operator of a stationary source are responsible for compliance with this chapter and regulations adopted under this chapter. If the owner and operator of the stationary source are separate persons, only one person is required to discharge a specific responsibility. After issuance of a permit under this chapter, only the permittee is responsible for permitted operations. The permittee shall have a designated agent for service of process in the state.
AK Stat § 46.14.560 (2021)
2021 Alaska Statutes|Title 46. Water, Air, Energy, and Environmental Conservation|Chapter 14. Air Quality Control|Article 5. Miscellaneous Provisions.|Sec. 46.14.560. Unavoidable malfunctions and emergencies.

Excess emissions caused by an unavoidable emergency, a malfunction, or nonroutine repairs of an emissions unit including pollution control equipment or process equipment constitute an affirmative defense, when asserted under regulations adopted under AS 46.14.140, to an action brought for noncompliance with a technology-based emission standard. This section does not limit the department's power to enjoin the emission or require corrective action. This provision is in addition to any emergency or upset provision contained in an applicable requirement.
AK Stat § 46.14.900 (2021)
2021 Alaska Statutes|Title 46. Water, Air, Energy, and Environmental Conservation|Chapter 14. Air Quality Control|Article 6. General Provisions.|Sec. 46.14.900. Limitations.

This chapter does not (1) grant jurisdiction or authority with respect to air contamination existing solely within a residential dwelling or a commercial or industrial plant, workplace, or shop; (2) affect the relations between employers and employees with respect to or arising out of a condition of air contamination or air pollution; or (3) supersede or limit the applicability of a law or ordinance relating to sanitation, industrial health, or safety.
AK Stat § 46.15.010 (2021)
2021 Alaska Statutes|Title 46. Water, Air, Energy, and Environmental Conservation|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 in the water of the state, and in its appropriation and distribution.
AK Stat § 46.15.030 (2021)
2021 Alaska Statutes|Title 46. Water, Air, Energy, and Environmental Conservation|Chapter 15. Water Use Act|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 to the people for common use and is subject to appropriation and beneficial use and to reservation of instream flows and levels of water, as provided in this chapter.
AK Stat § 46.15.040 (2021)
2021 Alaska Statutes|Title 46. Water, Air, Energy, and Environmental Conservation|Chapter 15. Water Use Act|Article 2. Appropriation and Use of Water.|Sec. 46.15.040. Right to appropriate.

(a) A right to appropriate water can be acquired only as provided in this chapter. A right to the use of water either appropriated or unappropriated may not be acquired by adverse use or possession. (b) A right to appropriate water shall be obtained by first making application to the commissioner for a permit to appropriate. The commissioner shall by regulation prescribe the form and contents of the application and the procedure for filing the application. If a permit is granted and the means of appropriation is constructed, a certificate of appropriation may be obtained. (c) All applications to the commissioner for a permit to appropriate water, filed subsequent to July 1, 1966, shall be considered as having been simultaneously filed with the Department of Fish and Game under AS 16 and the Department of Environmental Conservation under AS 46.03. (d) The commissioner's issuance of a permit under AS 46.15.080 or of a certificate under AS 46.15.065 or 46.15.120 does not represent a guarantee by the state to the permittee or certificate holder that water will be available for appropriation at a certain volume, quality, artesian pressure, or cost. This subsection does not, however, alter the right a permittee or certificate holder may have against a later appropriator, including a government agency.
AK Stat § 46.15.050 (2021)
2021 Alaska Statutes|Title 46. Water, Air, Energy, and Environmental Conservation|Chapter 15. Water Use Act|Article 2. Appropriation and Use of Water.|Sec. 46.15.050. Priority.

(a) Priority of appropriation gives prior right. Priority of appropriation does not include the right to prevent changes in the condition of water occurrence, such as the increase or decrease of stream flow, or the lowering of a water table, artesian pressure, or water level, by later appropriators, if the prior appropriator can reasonably acquire the appropriator's water under the changed conditions. (b) Priority of appropriation made under this chapter dates from the filing of an application with the commissioner. (c) Priority of appropriation perfected before July 1, 1966, shall be determined as provided in AS 46.15.065.
AK Stat § 46.15.060 (2021)
2021 Alaska Statutes|Title 46. Water, Air, Energy, and Environmental Conservation|Chapter 15. Water Use Act|Article 2. Appropriation and Use of Water.|Sec. 46.15.060. Existing rights.

A water right acquired by law before July 1, 1966 or a beneficial use of water on July 1, 1966, or made within five years before July 1, 1966, or made in conjunction with works under construction on July 1, 1966, under a lawful common law or customary appropriation or use, is a lawful appropriation under this chapter. The appropriation is subject to applicable provisions of this chapter and regulations adopted under this chapter.