reglab/housing_qa huggingface dataset:
AK Stat § 46.08.020 (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. 46.08.020. Financing of the oil and hazardous substance release prevention account; prevention mitigation account.

(a) The legislature may appropriate from the following sources to the prevention account in the fund: (1) the annual estimated balance of the account maintained under AS 37.05.142 for deposits into the general fund of the proceeds of the oil conservation surcharge levied by AS 43.55.300; (2) money received from other state sources, from federal or other sources, or from a private donor; (3) money recovered or otherwise received from parties responsible for the containment and cleanup of oil or a hazardous substance at a specific site, but excluding money (A) from performance bonds and other forms of financial responsibility held in escrow pending satisfactory performance of a privately financed response action; and (B) described in AS 46.08.025(a)(3); (4) fines, penalties, or damages recovered under AS 46.08.005 - 46.08.080 or other law for costs incurred by the state as a result of the release or threatened release of oil or a hazardous substance; and (5) the interest earned on the balance of the accounts maintained under AS 37.05.142 for deposits into the general fund from the proceeds of the surcharges levied under AS 43.55.201 and 43.55.300. (b) Money received by the state under (a)(2) - (5) of this section shall be deposited in the general fund and credited to a special account called the “oil and hazardous substance release prevention mitigation account.” The legislature may annually appropriate to the prevention account in the fund from the prevention mitigation account a sum equal to the amount received under (a)(2) - (5) of this section during the calendar year preceding the legislative session in which the appropriations are to be made. (c) The interest earned on the balances of each of the following accounts shall be deposited into the general fund and credited to the prevention account in the fund: (1) the prevention account; (2) the prevention mitigation account; (3) the response account; and (4) the response mitigation account.
AK Stat § 46.08.025 (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. 46.08.025. Financing of the oil and hazardous substance release response account; release mitigation account.

(a) The legislature may appropriate from the following sources to the oil and hazardous substance release response account in the fund: (1) the annual estimated balance of the account maintained under AS 37.05.142 for deposit into the general fund of the proceeds of the oil conservation surcharge levied by AS 43.55.201; (2) money received from other state sources, from federal or other sources, or from a private donor; and (3) money recovered or otherwise received from parties responsible for the containment and cleanup of oil or a hazardous substance at a specific site for which the state expended money from the former oil and hazardous substance release response fund before October 2, 1994 or for which the state expended money from the response account, but excluding (A) money from performance bonds and other forms of financial responsibility held in escrow pending satisfactory performance of a privately financed response action; (B) fines, penalties, and damages described in AS 46.08.020(a)(4). (b) Money received by the state under (a)(2) and (3) of this section shall be deposited in the general fund and credited to a special account called the “oil and hazardous substance release response mitigation account.” The legislature may annually appropriate to the response account in the fund from the response mitigation account a sum equal to the amount received under (a)(2) and (3) of this section during the calendar year preceding the legislative session in which the appropriations are to be made.
AK Stat § 46.08.030 (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. 46.08.030. Intent concerning the abatement of oil or hazardous substance releases.

It is the intent of the legislature and declared to be the public policy of the state that funds for the abatement of a release of oil or a hazardous substance will always be available.
AK Stat § 46.08.045 (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. 46.08.045. Use of the response account; declared disasters.

(a) The commissioner may use money from the response account in the fund to respond to a release or threatened release when the governor declares a disaster related to an oil or hazardous substance discharge emergency under AS 26.23.020(c). During the effective period of the disaster emergency, the commissioner may use money from the response account to respond to the disaster emergency. (b) Notwithstanding (a) of this section, money from the response account may be used for the purpose in AS 46.08.040(a)(1)(A) without a declaration under AS 26.23.020(c). However, when exercising authority under this subsection, the commissioner shall, within 120 hours of using money in the response account when authorized by this subsection, provide a written report to the governor and to the Legislative Budget and Audit Committee summarizing the release, the state's actions, both taken and anticipated, the costs of the state's actions, both taken and anticipated, and other information considered appropriate by the commissioner or the governor. The governor may, at any time during the state's response, approve, disapprove, or amend the action.
AK Stat § 46.08.050 (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. 46.08.050. Records of the fund.

(a) The department shall maintain accounting records showing the income and expenses of the fund. (b) A department that is appropriated or allocated money from the fund, either directly or through a reimbursable service agreement with the Department of Environmental Conservation, shall develop procedures governing the expenditure of, and accounting for, money it expends from the fund. The Department of Environmental Conservation may not reimburse or pay money to another state agency for the agency's activities under AS 46.08.040 unless the state agency provides to the department the information necessary to complete the report required by AS 46.08.060.
AK Stat § 46.08.060 (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. 46.08.060. Report.

(a) The commissioner shall make available a report to the legislature not later than the 10th day following the convening of each first regular session of the legislature. The commissioner shall notify the legislature that the report is available. The report may include information considered significant by the commissioner but must include (1) the amount of money expended by the department under AS 46.08.040(a) during the preceding two fiscal years; (2) the amount and source of money received and money recovered by or on behalf of the department during the preceding two fiscal years under (A) AS 46.08.020; and (B) AS 46.08.025; (3) a summary of municipal participation in the department's responses that were paid for by the fund; (4) a detailed summary of department activities in responses paid for by the fund during the preceding two fiscal years, including response descriptions and statements outlining the nature of the threat; in this paragraph, “detailed” includes information describing each personal services position and total compensation for that position, each contract in excess of $10,000, and each purchase in excess of $10,000; and (5) the projected cost to the department for the next two fiscal years of monitoring, operating, and maintaining sites where response has been completed or is expected to be continued during the next two fiscal years. (b) As part of the department's on-going identification efforts associated with oil spill or hazardous substance release or waste sites, the commissioner shall include in the report under this section (1) the number of sites that are included in the department's contaminated sites data base, whether the site is active or closed; and (2) a prioritized listing of those sites, both statewide and by community, based on the immediate and long-term threats to the public health or welfare or to the environment. (c) In addition to the department's report required under (a) of this section, the governor shall submit a report about use of the fund during the previous two fiscal years to the legislature not later than the 10th day following the convening of each first regular session of the legislature. In the report, the governor shall describe in detail the governor's use of money from the fund, with separate explanations, by agency, of the activities that were paid for under the authority of AS 46.08.045.
AK Stat § 46.08.080 (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. 46.08.080. Regulations.

The commissioner shall periodically review the minimum quantities of hazardous substances established under federal law and may adopt regulations establishing minimum quantities of substances for all or any portion of the substances to which AS 46.08.005 - 46.08.080 otherwise apply. The commissioner may otherwise adopt only those regulations that are expressly required to implement the specific purposes of AS 46.08.005 - 46.08.080.
AK Stat § 46.08.100 (2021)
2021 Alaska Statutes|Title 46. Water, Air, Energy, and Environmental Conservation|Chapter 08. Oil and Hazardous Substance Releases|Article 2. Oil and Hazardous Substance Response Office.|Sec. 46.08.100. Office established.

There is established in the department the oil and hazardous substance response office. The office shall include a director and employees who are specially trained in programs and technologies related to the containment and cleanup of releases or threatened releases of oil and hazardous substances.
AK Stat § 46.08.130 (2021)
2021 Alaska Statutes|Title 46. Water, Air, Energy, and Environmental Conservation|Chapter 08. Oil and Hazardous Substance Releases|Article 2. Oil and Hazardous Substance Response Office.|Sec. 46.08.130. Duties of the office.

(a) The office shall be prepared to respond promptly to a discharge of oil or a hazardous substance. (b) The office may respond under (a) of this section to an oil or hazardous substance discharge only if (1) the oil discharge is a catastrophic oil discharge that constitutes an emergency under AS 46.04.080(a); (2) the discharge of oil or a hazardous substance is declared to be an emergency under AS 46.03.865; (3) the governor declares the discharge an emergency under AS 26.23; (4) the commissioner reasonably believes that there has been a discharge of oil or a hazardous substance, or that there is a potential discharge of oil or a hazardous substance, and the discharge may qualify under (1) - (3) of this subsection; or (5) the commissioner reasonably believes that the discharge or potential discharge poses an imminent and substantial threat to public health or welfare or to the environment. (c) When the office or corps responds to an oil or hazardous substance discharge under this section, its activities shall be guided by the relevant provisions of the incident command system applicable to the type of discharge to which it is responding.
AK Stat § 46.08.140 (2021)
2021 Alaska Statutes|Title 46. Water, Air, Energy, and Environmental Conservation|Chapter 08. Oil and Hazardous Substance Releases|Article 2. Oil and Hazardous Substance Response Office.|Sec. 46.08.140. Emergency powers and rights of property owners.

(a) When the office has reasonable grounds to believe that a release of oil or a hazardous substance has occurred or is threatened to occur which, in the judgment of its director, presents an imminent or present danger to the health or welfare of the people of the state or would result in or is likely to result in irreversible or irreparable damage to the natural resources or environment, and it appears to be prejudicial to the interest of the people of the state to delay action until an opportunity for a hearing can be provided, state employees or members of the corps may, with permission of the director and without prior hearing, enter private property for the purpose of containment or cleanup. (b) The property owner affected by a response action taken under (a) of this section has the right to be heard as soon as practicable and to present proof to the office that the containment or cleanup action is unnecessary or that it is not necessary to enter the person's property for the containment or cleanup action.
AK Stat § 46.08.150 (2021)
2021 Alaska Statutes|Title 46. Water, Air, Energy, and Environmental Conservation|Chapter 08. Oil and Hazardous Substance Releases|Article 2. Oil and Hazardous Substance Response Office.|Sec. 46.08.150. Contracts.

The department may enter into agreements with agencies of the state and federal government, political subdivisions, the University of Alaska, or private persons or entities to conduct research into oil and hazardous substances spill technology.
AK Stat § 46.08.160 (2021)
2021 Alaska Statutes|Title 46. Water, Air, Energy, and Environmental Conservation|Chapter 08. Oil and Hazardous Substance Releases|Article 2. Oil and Hazardous Substance Response Office.|Sec. 46.08.160. Limitation of liability.

The state, an employee of the state, and a member of the corps are not liable for costs or damages as a result of actions taken under AS 46.08.100 - 46.08.190 in response to a release or threatened release unless the actions taken by the state, the employee, or the member of the corps constitute gross negligence or intentional misconduct.
AK Stat § 46.08.190 (2021)
2021 Alaska Statutes|Title 46. Water, Air, Energy, and Environmental Conservation|Chapter 08. Oil and Hazardous Substance Releases|Article 2. Oil and Hazardous Substance Response Office.|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 hazardous substance response office.
AK Stat § 46.14.015 (2021)
2021 Alaska Statutes|Title 46. Water, Air, Energy, and Environmental Conservation|Chapter 14. Air Quality Control|Article 1. General Regulations and Classifications.|Sec. 46.14.015. Special procedure for more stringent regulations.

(a) Before the department adopts a regulation described under AS 46.14.010(b), written findings under AS 46.14.010(c) and (d) shall be made available by the department to the public at locations throughout the state that the department considers appropriate. (b) Before the department adopts a regulation described in AS 46.14.010(b), the department shall submit the findings described under (a) of this section, the studies on which the findings are based, and other related data for peer review to a minimum of three separate parties who are not employees of the department and who are determined by the commissioner to be technically qualified in the subject matter under review. The commissioner shall ensure that the peer review includes an analysis of the factors considered by the commissioner to support the standards proposed to be adopted and recommendations, if any, for additional research or investigation considered appropriate. Peer review reports shall be submitted to the commissioner within 45 days after the department submits a matter for peer review unless the commissioner determines that additional time is required. (c) The department shall make available to the public at least 30 days before the public hearing required under AS 46.14.010(a), at convenient locations, copies of the department's proposed regulation, the findings of the department describing the basis for adoption of the regulation, and the peer review reports, submitted under (b) of this section. (d) The department shall contract with persons to perform peer review under (b) of this section. All persons selected shall be selected on the basis of competitive sealed proposals under AS 36.30.200 - 36.30.270 (State Procurement Code). The commissioner may not contract with a person to perform peer review under this section if the person has a significant financial interest or other significant interest that could bias evaluation of the proposed regulation. An interest is not considered significant under this subsection if it is an interest possessed generally by the public or a large class of persons or if the effect of the interest on the person's ability to be impartial is only conjectural.
AK Stat § 46.14.020 (2021)
2021 Alaska Statutes|Title 46. Water, Air, Energy, and Environmental Conservation|Chapter 14. Air Quality Control|Article 1. General Regulations and Classifications.|Sec. 46.14.020. Classification of stationary sources or emissions units; reporting.

(a) The department, by regulation, may classify stationary sources or emissions units that, in the department's determination, are likely to cause or contribute to air pollution, according to the levels and types of emissions and other characteristics that relate to air quality. The department may make a classification under this subsection applicable to the state as a whole or to a designated area of the state. The department shall base the classifications on consideration of health, economic, and social factors, sensitivity of the receiving environment, and physical effects on property. (b) The department or a local air quality control program authorized under AS 46.14.400 may require an owner and operator of a stationary source or emissions unit classified under this section to report information to the department or the authorized local program concerning location, size, and height of stacks or area emissions units, processes employed, fuels used, the nature and time periods or duration of emissions, and other information relevant to air quality that is available or reasonably capable of being calculated and compiled.
AK Stat § 46.14.030 (2021)
2021 Alaska Statutes|Title 46. Water, Air, Energy, and Environmental Conservation|Chapter 14. Air Quality Control|Article 1. General Regulations and Classifications.|Sec. 46.14.030. State air quality plan.

The department shall act for the state in any negotiations relative to the state air quality control plan developed under 42 U.S.C. 7401 - 7671q (Clean Air Act), as amended. The department may adopt regulations necessary to implement the state plan.
AK Stat § 46.14.120 (2021)
2021 Alaska Statutes|Title 46. Water, Air, Energy, and Environmental Conservation|Chapter 14. Air Quality Control|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 subject to AS 46.14.130(a), the owner and operator shall obtain a construction permit under this chapter. (b) Except when considered to be in compliance with this chapter under AS 46.14.275 or under a regulation adopted under AS 46.14.140(a)(12), the owner and operator shall obtain an operating permit under this chapter before operating a stationary source subject to AS 46.14.130(b). (c) A permittee shall comply with the terms and conditions of a permit or a modifying compliance order issued by the department under this chapter or a court order. A person operating under the application shield available under AS 46.14.140(a)(12) and 46.14.275, shall comply with the terms and conditions of the pending application and applicable regulations. (d) The department shall ensure that permits issued, modified, amended, renewed, or revoked and reissued under this chapter comply with all applicable federal, state, and local requirements. (e) If the federal administrator exempts a stationary source from the requirements of 42 U.S.C. 7661a(a) (Clean Air Act, sec. 502(a)), the commissioner shall consider the factors used by the administrator in reaching that determination and, by regulation, shall issue a similar determination unless public health or air quality effects provide a reasonable basis to regulate the stationary source. (f) The department may exempt or defer a stationary source from the requirement of AS 46.14.130(b) to the extent allowed under 40 C.F.R. 70.3(b). (g) Before constructing, installing, modifying, operating, or establishing a stationary source subject to AS 46.14.130(c), the owner or operator shall obtain a minor permit under this chapter.
AK Stat § 46.14.130 (2021)
2021 Alaska Statutes|Title 46. Water, Air, Energy, and Environmental Conservation|Chapter 14. Air Quality Control|Article 2. Emission Control Permit Program.|Sec. 46.14.130. Stationary sources requiring permits.

(a) The owner and operator shall obtain a construction permit from the department before beginning actual construction of any one of the following: (1) a new major stationary source; (2) a major modification; (3) a project subject to the construction permitting requirements of 42 U.S.C. 7412(i) (Clean Air Act, sec. 112(i)). (b) Except for the owner and operator of a stationary source exempted under AS 46.14.120(e) or (f), the owner and operator of a stationary source shall obtain an operating permit from the department for (1) a major source; (2) a stationary source that contains an emissions unit subject to federal new source performance standards under 42 U.S.C. 7411 (Clean Air Act, sec. 111) or national emission standards for hazardous air pollutants issued under 42 U.S.C. 7412 (Clean Air Act, sec. 112); or (3) another stationary source designated by the federal administrator by regulation. (c) Unless the owner and operator of a stationary source are required to obtain a construction permit under (a) of this section, before constructing, installing, modifying, operating, or establishing a stationary source, the owner and operator shall obtain a minor permit from the department if the stationary source is of a type classified under AS 46.14.020 (1) as having the potential to violate the ambient air quality standards; or (2) under a finding by the department that public health or air quality effects provide a reasonable basis to regulate the stationary source. (d) In this section, “major source” has the meaning given in 42 U.S.C. 7661(2).
AK Stat § 46.14.150 (2021)
2021 Alaska Statutes|Title 46. Water, Air, Energy, and Environmental Conservation|Chapter 14. Air Quality Control|Article 2. Emission Control Permit Program.|Sec. 46.14.150. Time for submission of operating permit applications.

(a) The owner and operator of a stationary source required to have an operating permit under this chapter shall submit the required application and other information required by the department by regulation no later than 12 months after the date on which the stationary source becomes subject to AS 46.14.120(b). (b) The department may accept and begin processing applications filed earlier than the submission date. Applications filed earlier may be given priority for permit issuance.