reglab/housing_qa huggingface dataset:
AK Stat § 46.03.850 (2021)
2021 Alaska Statutes|Title 46. Water, Air, Energy, and Environmental Conservation|Chapter 03. Environmental Conservation|Article 9. Prohibited Acts, Penalties, and Damages.|Sec. 46.03.850. Compliance order.

(a) When, in the opinion of the department, a person is violating or is about to violate a provision of this chapter, AS 46.04, or AS 46.14, or a regulation or lawful order of the department, or a permit or certificate, or a term or condition of a permit or certificate issued by the department under this chapter, AS 46.04, AS 46.14, the department may notify the person of its determination by personal service or certified mail. The determination and notice do not constitute an order under AS 46.03.820. (b) The recipient of the determination shall file with the department, within the time period specified in the notice, a report stating what measures have been and are being taken, or are proposed to be taken, to correct or control the conditions outlined in the notice. (c) After the report is filed under (b) of this section or the time period specified for it has elapsed, the department may issue a compliance order in conformity with the authority of the department and the public policy declared in AS 46.03.010. A copy of the compliance order shall be served personally or sent by certified mail to the person affected. A compliance order is effective upon receipt. (d) Within 30 days after receipt the recipient may request a hearing to review the compliance order. Failure to request a hearing within 30 days after the receipt of a compliance order constitutes a waiver of the recipient's right of review. (e) The department shall hold a hearing within 20 days after receipt of a request for one under (d) of this section. After the hearing the department may rescind, modify, or affirm the compliance order. (f) The attorney general shall seek enforcement of a compliance order.
AK Stat § 46.03.860 (2021)
2021 Alaska Statutes|Title 46. Water, Air, Energy, and Environmental Conservation|Chapter 03. Environmental Conservation|Article 10. General Provisions.|Sec. 46.03.860. Inspection warrant.

The department may seek search warrants for the purpose of investigating actual or suspected sources of pollution or contamination or to ascertain compliance or noncompliance with AS 46.14 or this chapter or a regulation adopted under AS 46.14 or this chapter.
AK Stat § 46.03.865 (2021)
2021 Alaska Statutes|Title 46. Water, Air, Energy, and Environmental Conservation|Chapter 03. Environmental Conservation|Article 10. General Provisions.|Sec. 46.03.865. Authority of department in cases of emergency.

(a) When the department finds that an actual or imminent discharge of oil, a hazardous substance, or low level radioactive materials to the air, water, land, or subsurface land of the state poses an immediate threat to the public health or welfare or the environment of the state, it may issue an order declaring an emergency and directing a person or persons to take action the department believes necessary to meet the emergency, and protect the public health, welfare, or environment. If there is an incident command system established under AS 26.23 or AS 46.04.200 - 46.04.210 that is applicable to the situation for which the department issues an order under this subsection, the department's exercise of authority under this subsection shall be guided by the relevant provisions of the incident command system. (b) A person to whom an order is directed shall comply with it immediately, but on application to the department shall be given a hearing under AS 44.62 (Administrative Procedure Act). Thereafter the department may affirm, revoke, or modify the order. (c) During a period of emergency declared under (a) of this section, each state agency shall take whatever action the department finds necessary to meet the emergency and to protect the public health, welfare, or environment, consistent with the responsibilities assigned to them under an incident command system established under AS 26.23 or AS 46.04.200 - 46.04.210 if one is applicable to the situation.
AK Stat § 46.03.870 (2021)
2021 Alaska Statutes|Title 46. Water, Air, Energy, and Environmental Conservation|Chapter 03. Environmental Conservation|Article 10. General Provisions.|Sec. 46.03.870. Actionable rights.

(a) Except as specified in AS 46.03.822 - 46.03.828, the bases for proceedings or actions resulting from violations of this chapter or a regulation adopted under this chapter inure solely to and are for the benefit of the state, and are not intended to in any way create new or enlarge existing rights of persons or groups of persons in the state. (b) Except as specified in AS 46.03.822 - 46.03.828, a determination or order of the department does not create a presumption of law or finding of fact inuring to or for the benefit of persons other than the state. (c) This chapter does not estop the state, persons, or political subdivisions of the state in the exercise of their rights to suppress nuisances, to seek damages, or to otherwise abate or recover for the effects of pollution or other environmental degradation.
AK Stat § 46.03.875 (2021)
2021 Alaska Statutes|Title 46. Water, Air, Energy, and Environmental Conservation|Chapter 03. Environmental Conservation|Article 10. General Provisions.|Sec. 46.03.875. Remedies cumulative.

All remedies provided by this chapter, AS 46.04, or AS 46.14 are cumulative, and the securing of relief, whether injunctive, civil, or criminal, under a section of this chapter, AS 46.04, or AS 46.14 does not stop the state from obtaining relief under any other section of this chapter, AS 46.04, or AS 46.14.
AK Stat § 46.03.880 (2021)
2021 Alaska Statutes|Title 46. Water, Air, Energy, and Environmental Conservation|Chapter 03. Environmental Conservation|Article 10. General Provisions.|Sec. 46.03.880. Applicability of the Administrative Procedure Act.

(a) Except as otherwise specifically provided in this chapter, AS 44.62 (Administrative Procedure Act) governs the activities and the proceedings of the department. (b) Notwithstanding AS 44.62.330(a)(25), 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 § 46.03.890 (2021)
2021 Alaska Statutes|Title 46. Water, Air, Energy, and Environmental Conservation|Chapter 03. Environmental Conservation|Article 10. General Provisions.|Sec. 46.03.890. Enforcement authority.

(a) The following persons are authorized to enforce this chapter: (1) a state employee authorized by the commissioner; (2) a police officer of the state. (b) Inspection and enforcement employees of the department designated by the commissioner are peace officers in the performance of their duties under this chapter, AS 46.04, AS 46.09, and AS 46.14.
AK Stat § 46.04.010 (2021)
2021 Alaska Statutes|Title 46. Water, Air, Energy, and Environmental Conservation|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 46.08.070, or from an applicable federal fund, for the expenses it incurs in cleaning up or containing a discharge of oil. If the department obtains reimbursement for a portion of its expenses from a federal fund, the remainder of the expenses incurred may be recovered under AS 46.03.760(d) or AS 46.08.070. Money received by the department under this section shall be deposited in the general fund and credited to (1) the oil and hazardous substance release response mitigation account established under AS 46.08.025(b); the amount required to be deposited under this paragraph shall represent the proportion of the expenses recovered that were originally paid for from the oil and hazardous substance release account established under AS 46.08.010(a)(2); or (2) the oil and hazardous substance release prevention mitigation account established under AS 46.08.020(b); the amount required to be deposited under this paragraph is the amount of money recovered that exceeds the amount payable to the response mitigation account under (1) of this section.
AK Stat § 46.04.025 (2021)
2021 Alaska Statutes|Title 46. Water, Air, Energy, and Environmental Conservation|Chapter 04. Oil and Hazardous Substance Pollution Control|Article 1. Oil Pollution Control.|Sec. 46.04.025. Confidential information.

The department may maintain the confidentiality of a manufacturer's proprietary technical information relating to chemical and biological agents used to control or mitigate the effects of an oil discharge. The department may refuse to release the information unless the manufacturer authorizes its release or unless a court orders its release. The department may provide the information to the Department of Fish and Game and other state and federal agencies if the department or other agency requesting the information agrees to maintain its confidentiality.
AK Stat § 46.04.035 (2021)
2021 Alaska Statutes|Title 46. Water, Air, Energy, and Environmental Conservation|Chapter 04. Oil and Hazardous Substance Pollution Control|Article 1. Oil Pollution Control.|Sec. 46.04.035. Registration of oil spill response action contractors.

(a) A person may apply to the department for registration as an oil spill primary response action contractor. The department shall adopt regulations governing the registration and approval of oil spill primary response action contractors. Regulations adopted by the department under this section must include (1) minimum training standards for personnel; (2) verification requirements that ensure the existence of resources, including personnel, equipment, services, and an adequate deployment plan necessary to a response action or as required by a contingency plan in which the contractor has agreed in writing to be listed and is listed; (3) minimum professional response action standards and practices; and (4) minimum planning standards for oil spill primary response action contractors listed in an oil spill contingency plan approved under AS 46.04.030. (b) Notwithstanding (a) of this section, the department may substitute a primary response action contractor approval program, and a subsequent process to approve primary response action contractors who agree to be listed in a contingency plan approved under AS 46.04.030, for regulations required under (a)(1) - (3) of this section if the approval program and subsequent process are developed by the United States Coast Guard. (c) The department shall establish fees applicable to registration under this section in an amount necessary to cover the costs of the registration program. The fees shall be collected by the department. (d) AS 44.62 (Administrative Procedure Act) applies to regulations and registrations under this section. (e) The department shall develop and maintain a list of oil spill primary response action contractors registered under this section. The department shall provide the list on request to interested persons. (f) A primary response action contractor registered under this section shall annually provide to the department a list of all contingency plans approved under AS 46.04.030 in which the primary response action contractor has agreed in writing to be listed as a responder. (g) Nothing in this section is intended to amend AS 46.04.030(l) or to create a cleanup or performance standard that must be met by a holder of a contingency plan or a response action contractor. (h) In this section, (1) “oil” has the meaning given in AS 46.03.826; (2) “primary response action contractor” means a person who enters into a response action contract with respect to a release or threatened release of oil and who is carrying out the contract, including a cooperative organization formed to maintain and supply response equipment and materials that enters into a response action contract relating to a release or threatened release of oil.
AK Stat § 46.04.045 (2021)
2021 Alaska Statutes|Title 46. Water, Air, Energy, and Environmental Conservation|Chapter 04. Oil and Hazardous Substance Pollution Control|Article 1. Oil Pollution Control.|Sec. 46.04.045. Adjustment of dollar amounts.

(a) The dollar amounts in AS 46.04.040 change, as provided in this section, according to and to the extent of changes in the Consumer Price Index for all urban consumers for the Anchorage metropolitan area compiled by the Bureau of Labor Statistics, United States Department of Labor (the index). The index for January 1990 is the reference base index. (b) The dollar amounts change on October 1 of each third year according to the percentage change between the index for January of that year and the most recent index used to determine whether to change the dollar amounts. After calculation of the new amounts, the resulting amounts shall be rounded to the nearest cent. (c) If the index is revised, the percentage of change is calculated on the basis of the revised index. If a revision of the index changes the reference base index, a revised reference base index is determined by multiplying the reference base index applicable by the rebasing factor furnished by the United States Bureau of Labor Statistics. If the index is superseded, the index referred to in this section is the one represented by the Bureau of Labor Statistics as reflecting most accurately changes in the purchasing power of the dollar for Alaskan consumers. (d) The department shall adopt a regulation announcing (1) on or before June 30 of each third year, the changes in dollar amounts required by (b) of this section; and (2) promptly after the changes occur, changes in the index required by (c) of this section, including, if applicable, the numerical equivalent of the reference base index under a revised reference base index and the designation or title of any index superseding the index. (e) The department shall also provide notification of a change in dollar amounts required under (b) of this section to the clerks of court in each judicial district of the state.
AK Stat § 46.04.047 (2021)
2021 Alaska Statutes|Title 46. Water, Air, Energy, and Environmental Conservation|Chapter 04. Oil and Hazardous Substance Pollution Control|Article 1. Oil Pollution Control.|Sec. 46.04.047. Noncrude oil operations.

Notwithstanding AS 46.04.040, the department may, with respect to noncrude oil operations, approve proof of financial responsibility by a person, other than the applicant, who does not agree to be subject to a direct action in the state or to appoint an agent for service of process if the applicant (1) provides proof of financial responsibility in the form and amounts otherwise required under AS 46.04.040; (2) provides a sworn statement that (A) is acceptable to the department; (B) attests that the applicant has diligently attempted to obtain a form of proof of financial responsibility that would provide for a direct action and appointment of an agent for service of process; (C) describes the steps the applicant has taken to obtain a form of proof of financial responsibility that would provide for a direct action and appointment of an agent for service of process; (D) states that a form of proof of financial responsibility that would provide for a direct action and appointment of an agent for service of process is unavailable to the applicant; (3) continues diligent efforts to obtain a form of proof of financial responsibility that would provide for a direct action and appointment of an agent for service of process and provides a sworn statement every six months that is acceptable to the department, containing the information required in (2) of this section.
AK Stat § 46.04.050 (2021)
2021 Alaska Statutes|Title 46. Water, Air, Energy, and Environmental Conservation|Chapter 04. Oil and Hazardous Substance Pollution Control|Article 1. Oil Pollution Control.|Sec. 46.04.050. Exemptions.

(a) The provisions of AS 46.04.030, 46.04.040, and 46.04.060 do not apply to an oil terminal facility that has an effective storage capacity of less than 5,000 barrels of crude oil or less than 10,000 barrels of noncrude oil. (b) The provisions of AS 46.04.030 and 46.04.040 do not apply to a natural gas production facility and a natural gas terminal facility; for purposes of this subsection, “natural gas production facility” and “natural gas terminal facility” mean a platform, facility, or structure that, except for storage of refined petroleum products in a quantity that does not exceed 10,000 barrels, is used solely for the production, compression, storage, or transport of natural gas. (c) The provisions of AS 46.04.030 and 46.04.040 do not apply to a natural gas exploration facility if the Alaska Oil and Gas Conservation Commission has determined under AS 31.05.030(l) that evidence obtained through evaluation demonstrates with reasonable certainty that all of the wells at a natural gas exploration facility will not penetrate a formation capable of flowing oil to the ground surface. If the drilling of a well at an exploration facility exempted under this subsection does penetrate a formation capable of flowing oil to the surface, the owner or operator shall submit an oil discharge prevention and contingency plan and proof of financial responsibility to the department to meet the requirements of AS 46.04.030 and 46.04.040. For purposes of this subsection, “natural gas exploration facility” means a platform, facility, or structure that, except for storage of refined petroleum products in a quantity that does not exceed 10,000 barrels, is used solely for the exploration for natural gas.
AK Stat § 46.04.060 (2021)
2021 Alaska Statutes|Title 46. Water, Air, Energy, and Environmental Conservation|Chapter 04. Oil and Hazardous Substance Pollution Control|Article 1. Oil Pollution Control.|Sec. 46.04.060. Inspections.

(a) In addition to other rights of access or inspection conferred upon the department by law or otherwise, the department may at reasonable times and in a safe manner enter and inspect oil terminal facilities, pipelines, exploration and production facilities, tank vessels, and oil barges in order to (1) ensure compliance with the provisions of this chapter; or (2) participate in an examination of the structural integrity and the operating and mechanical systems of those vessels, barges, pipelines, and facilities by federal and state agencies with jurisdiction. (b) When the department determines that no federal or state agencies with jurisdiction are performing timely and adequate inspections of an oil terminal facility, pipeline, exploration or production facility, tank vessel, or oil barge, it may perform its own inspection of the structural integrity and operating and mechanical systems of a facility, pipeline, tank vessel, or oil barge by using personnel with qualifications in the areas being inspected.
AK Stat § 46.04.065 (2021)
2021 Alaska Statutes|Title 46. Water, Air, Energy, and Environmental Conservation|Chapter 04. Oil and Hazardous Substance Pollution Control|Article 1. Oil Pollution Control.|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 upon the department by law or otherwise, to ensure compliance with the provisions of this chapter relating to oil pollution control, the department may at reasonable times and in a safe manner enter and examine (1) nontank vessels; and (2) trains, railroad tracks, associated facilities, and railroad operations.
AK Stat § 46.04.070 (2021)
2021 Alaska Statutes|Title 46. Water, Air, Energy, and Environmental Conservation|Chapter 04. Oil and Hazardous Substance Pollution Control|Article 1. Oil Pollution Control.|Sec. 46.04.070. Scope of regulations.

The department shall adopt regulations that are necessary to carry out the purposes of this chapter and that do not conflict with and are not preempted by federal law or regulations.
AK Stat § 46.04.080 (2021)
2021 Alaska Statutes|Title 46. Water, Air, Energy, and Environmental Conservation|Chapter 04. Oil and Hazardous Substance Pollution Control|Article 1. Oil Pollution Control.|Sec. 46.04.080. Catastrophic oil discharges.

(a) The commissioner or the adjutant general of the Department of Military and Veterans' Affairs may request the governor to determine that an actual or imminent occurrence of a catastrophic oil discharge constitutes a disaster emergency under AS 26.23. The commissioner and the adjutant general of the Department of Military and Veterans' Affairs shall respond appropriately in the relief of the actual or imminent discharge under the relevant provisions of the applicable incident command system. (b) The department shall promptly, under AS 46.04.010, seek reimbursement of oil discharge cleanup or containment expenses incurred as a result of an actual or imminent catastrophic oil discharge under AS 26.23.050.
AK Stat § 46.04.090 (2021)
2021 Alaska Statutes|Title 46. Water, Air, Energy, and Environmental Conservation|Chapter 04. Oil and Hazardous Substance Pollution Control|Article 1. Oil Pollution Control.|Sec. 46.04.090. Oil discharge cleanup personnel, equipment, expenses.

The department, when feasible, shall enter into contracts with persons or private organizations to provide the personnel, equipment, or other services or supplies that may be required to carry out this chapter. Contracts under this section are governed by AS 36.30 (State Procurement Code). When private contracting is not feasible, the department may establish and maintain at ports, harbors, or other locations in the state, the cleanup personnel, equipment, and supplies that, in its judgment, are necessary to carry out this chapter. When exercising its authority under this subsection, the department shall coordinate with the Department of Military and Veterans' Affairs to avoid duplication of efforts.
AK Stat § 46.04.100 (2021)
2021 Alaska Statutes|Title 46. Water, Air, Energy, and Environmental Conservation|Chapter 04. Oil and Hazardous Substance Pollution Control|Article 1. Oil Pollution Control.|Sec. 46.04.100. Compacts authorized.

The governor may execute supplementary agreements, reciprocal arrangements, or compacts with any other state or country, subject to the approval, if required by the United States Constitution, of the Congress of the United States, for the purpose of implementing this chapter.
AK Stat § 46.04.110 (2021)
2021 Alaska Statutes|Title 46. Water, Air, Energy, and Environmental Conservation|Chapter 04. Oil and Hazardous Substance Pollution Control|Article 1. Oil Pollution Control.|Sec. 46.04.110. Municipal powers limited.

If a conflict occurs between a provision of this chapter, or a regulation, order, decision, or other determination of the department under this chapter, and a charter, ordinance, permit, regulation, franchise, decision, or other determination of a municipality, the provisions of this chapter or the regulation, order, decision, or other determination of the department prevail. However, nothing in this chapter precludes a municipality, by ordinance or regulation, from exercising its police powers in the area regulated by this chapter.