reglab/statecodes huggingface dataset:
2023 Alaska Statutes › Title 46. Water, Air, Energy, and Environmental Conservation › Chapter 03. Environmental Conservation › Article 6. Underground Storage Tank Systems. › Sec. 46.03.385. Registration fee.

(a) At the time of registration under AS 46.03.380, and annually thereafter, the owner or operator shall pay to the department a registration fee for each tank registered unless the owner or operator has notified the department under AS 46.03.395 that the tank has been taken out of service. An underground storage tank that has leak detection, spill and overflow protection, and corrosion protection that meet requirements of the department is subject to a $50 annual registration fee, regardless of tank capacity. An underground storage tank system that lacks any or all of these features is subject to an annual registration fee of
(1) $150 if the underground storage tank capacity is less than 1,000 gallons;
(2) $300 if the underground storage tank capacity is 1,000 - 5,000 gallons;
(3) $500 if the underground storage tank capacity is over 5,000 gallons.
(b) An underground petroleum storage tank or tank system owned or operated by the federal or state government is exempt from the registration fee in (a) of this section.
(c) A registration fee that is not paid within 30 days of when it is due shall be increased by a late payment fee equal to $10 per day until the day of payment.
(d) The first annual fee under this section must be accompanied by the information required under AS 46.03.400. Subsequent annual fees must be accompanied by the names and addresses of the owner and operator of the tank system, and the location and capacity of, and substance being stored in, the tanks for which the fee is being submitted.
(e) [Repealed, § 2 ch 102 SLA 2006.]
2023 Alaska Statutes › Title 46. Water, Air, Energy, and Environmental Conservation › Chapter 03. Environmental Conservation › Article 6. Underground Storage Tank Systems. › Sec. 46.03.390. Notification of changes in tank systems.

An owner or operator who intends to significantly change the configuration of an underground petroleum storage tank system shall notify the department before beginning work on the change by completing and returning to the department a notification form obtained from the department.
2023 Alaska Statutes › Title 46. Water, Air, Energy, and Environmental Conservation › Chapter 03. Environmental Conservation › Article 6. Underground Storage Tank Systems. › Sec. 46.03.395. Notification of tank system closure.

If an underground petroleum tank or storage tank system is taken out of operation, the owner or operator of the tank or tank system, or an agent on the owner's or operator's behalf, shall provide on forms obtained from the department
(1) notification of that fact to the department at least 15 days, but not more than 60 days, before the date the tank or tank system will be taken out of operation unless the tank or tank system is taken out of operation because of an emergency; in emergency situations, the owner or operator shall provide notification as promptly as possible under the circumstances; and
(2) evidence satisfactory to the department within 30 days after the tank or tank system is taken out of operation that the owner or operator has complied with applicable state and federal laws and regulations governing temporary or permanent tank closure.
2023 Alaska Statutes › Title 46. Water, Air, Energy, and Environmental Conservation › Chapter 03. Environmental Conservation › Article 6. Underground Storage Tank Systems. › Sec. 46.03.400. Registration forms.

The registration forms required under AS 46.03.380 - 46.03.395 must require information about the geographical location of a tank or tank system, the estimated age of the tanks and tank system, the total capacity, type of construction, internal and external protection, and piping of the tanks and tank system, and the substance currently or proposed to be stored in the tank system. If the tank or tank system is newly installed, the owner or operator shall certify that the owner or operator has complied with installation, release detection, corrosion protection, and financial responsibility requirements of state and federal law.
2023 Alaska Statutes › Title 46. Water, Air, Energy, and Environmental Conservation › Chapter 03. Environmental Conservation › Article 6. Underground Storage Tank Systems. › Sec. 46.03.405. Prohibitions.

A person, including a governmental entity or institution or a public corporation, may not operate an underground petroleum storage tank or tank system unless
(1) the tank and tank system are registered with the department as provided in AS 46.03.365 - 46.03.450 or other law; and
(2) the person has provided to the department proof of financial responsibility to the extent required under regulations adopted under AS 46.03.365 or proof of application for arrangements that would satisfy state financial responsibility requirements.
2023 Alaska Statutes › Title 46. Water, Air, Energy, and Environmental Conservation › Chapter 03. Environmental Conservation › Article 6. Underground Storage Tank Systems. › Sec. 46.03.440. Confidentiality of financial records.

(a) Financial records submitted to the department or to the former Board of Storage Tank Assistance by the owner or operator of an underground petroleum storage tank system are confidential and not subject to inspection or copying under AS 40.25.110 - 40.25.120. The department, in consultation with the affected owner or operator, shall determine which information is confidential under this subsection.
(b) The confidentiality conferred by (a) of this section does not apply to statistical information compiled by the department about the number, capacity, and location of underground petroleum storage tank systems in the state.
2023 Alaska Statutes › Title 46. Water, Air, Energy, and Environmental Conservation › Chapter 03. Environmental Conservation › Article 7. Commercial Passenger Vessel Environmental Compliance Program. › Sec. 46.03.460. Program established.

(a) There is established the commercial passenger vessel environmental compliance program providing for
(1) terms and conditions of vessel discharges;
(2) independent verification of environmental compliance; and
(3) allowing the department to monitor and supervise discharges from commercial passenger vessels through a registration system.
(b) The department may adopt regulations to carry out the purposes of AS 46.03.460 - 46.03.490. The department shall use negotiated regulation making under AS 44.62.710 - 44.62.800, when appropriate, to develop those regulations.
2023 Alaska Statutes › Title 46. Water, Air, Energy, and Environmental Conservation › Chapter 03. Environmental Conservation › Article 7. Commercial Passenger Vessel Environmental Compliance Program. › Sec. 46.03.461. Registration requirements.

(a) Except as provided in AS 46.03.487, each calendar year in which the owner or operator of a commercial passenger vessel intends to operate, or cause or allow to be operated, the vessel in the marine waters of the state, the owner or operator of the vessel shall register with the department. The registration shall be completed before the time any commercial passenger vessel of the owner or operator enters the marine waters of the state in that calendar year. The registration must include the following information:
(1) the vessel owner's business name and, if different, the vessel operator's business name for each commercial passenger vessel of the owner or operator that is scheduled to be in the marine waters of the state during the calendar year;
(2) the postal address, electronic mail address, telephone number, and facsimile number for the principal place of each business identified under (1) of this subsection;
(3) the name and address of an agent for service of process for each business identified under (1) of this subsection; the owner and operator shall continuously maintain a designated agent for service of process whenever a commercial passenger vessel of the owner or operator is in the marine waters of the state, and the agent must be an individual resident of this state, a domestic corporation, or a foreign corporation having a place of business in and authorized to do business in this state;
(4) the name or call sign of and Port of Registry for each of the owner's or operator's vessels that is scheduled either to call upon a port in this state or otherwise to be in the marine waters of the state during the calendar year and after the date of registration; and
(5) an agreement to comply with the terms and conditions of vessel discharges specified under AS 46.03.462.
(b) Registration under (a) of this section shall be executed under oath by the owner or operator.
(c) Upon request of the department, the registrant shall submit registration information required under this section electronically.
2023 Alaska Statutes › Title 46. Water, Air, Energy, and Environmental Conservation › Chapter 03. Environmental Conservation › Article 7. Commercial Passenger Vessel Environmental Compliance Program. › Sec. 46.03.463. Prohibited discharges; limitations on discharges.

(a) Except as provided in (h) of this section, a person may not discharge untreated sewage from a commercial passenger vessel into the marine waters of the state.
(b) Except as provided in (h) of this section or under a plan for a small commercial passenger vessel approved under AS 46.03.462(k), a person may not discharge sewage from a commercial passenger vessel into the marine waters of the state that has suspended solids greater than 150 milligrams per liter or a fecal coliform count greater than 200 colonies per 100 milliliters except that the department may by regulation adopt a protocol for retesting for fecal coliform, if this discharge limit for fecal coliform is exceeded, under which a discharger will be considered to be in compliance with the fecal coliform limit if the geometric mean of fecal coliform count in the samples considered under the protocol does not exceed 200 colonies per 100 milliliters.
(c) Except as provided in (h) of this section or under a plan for a small commercial passenger vessel approved under AS 46.03.462(k), a person may not discharge graywater or other wastewater from a commercial passenger vessel into the marine waters of the state that has suspended solids greater than 150 milligrams per liter or a fecal coliform count greater than 200 colonies per 100 milliliters except that the department may by regulation adopt a protocol for retesting for fecal coliform, if this discharge limit for fecal coliform is exceeded, under which a discharger will be considered to be in compliance with the fecal coliform limit if the geometric mean of fecal coliform count in the samples considered under the protocol does not exceed 200 colonies per 100 milliliters.
(d) [Repealed, § 5, 2006 Primary Election Ballot Measure No. 2.]
(e) An owner or operator may not discharge any treated sewage, graywater, or other wastewater from a large commercial passenger vessel into the marine waters of the state unless the owner or operator obtains a permit under AS 46.03.100 and 46.03.462, and provided that the vessel is not in an area where the discharge of treated sewage, graywater, or other wastewaters is otherwise prohibited.
(f) Except as provided in (h) of this section, a person may not discharge sewage from a small commercial passenger vessel unless the sewage has been processed through a properly operated and properly maintained marine sanitation device.
(g) [Repealed, § 5, 2006 Primary Election Ballot Measure No. 2.]
(h) The provisions of (a) - (f) of this section do not apply to discharges made for the purpose of securing the safety of the commercial passenger vessel or saving life at sea if all reasonable precautions have been taken for the purpose of preventing or minimizing the discharge.
2023 Alaska Statutes › Title 46. Water, Air, Energy, and Environmental Conservation › Chapter 03. Environmental Conservation › Article 7. Commercial Passenger Vessel Environmental Compliance Program. › Sec. 46.03.465. Information-gathering requirements; exemption.

(a) The owner or operator of a commercial passenger vessel shall maintain daily records related to the period of operation while in the state, detailing the dates, times, and locations, and the volumes and flow rates of any discharges of sewage, graywater, or other wastewaters into the marine waters of the state, and provide electronic copies of those records on a monthly basis to the department not later than five days after each calendar month of operation in state waters.
(b) While a commercial passenger vessel is present in the marine waters of the state, the owner or operator of the vessel shall provide an hourly report of the vessel's location based on Global Positioning System technology and collect routine samples of the vessel's treated sewage, graywater, and other wastewaters being discharged into marine waters of the state with a sampling technique approved by the department.
(c) While a commercial passenger vessel is present in the marine waters of the state, the department, or an independent contractor retained by the department, may collect additional samples of the vessel's treated sewage, graywater, and other wastewaters being discharged into the marine waters of the state.
(d) The owner or operator of a vessel required to collect samples under (b) of this section shall ensure that all sampling techniques and frequency of sampling events are approved by the department in a manner sufficient to ensure demonstration of compliance with all discharge requirements under AS 46.03.462.
(e) The owner or operator of a commercial passenger vessel shall pay for all reporting, sampling, and testing of samples under this section.
(f) If the owner or operator of a commercial passenger vessel has, when complying with another state or federal law that requires substantially equivalent information gathering, gathered the information required under (a), (b), or (d) of this section, the owner or operator shall be considered to be in compliance with that subsection so long as the information is also provided to the department.
(g) [Repealed, § 9, ch. 56, SLA 2007]
(h) On request, the owner or operator of a commercial passenger vessel discharging wastewater under AS 46.03.462(b) shall provide the department with information relating to wastewater treatment, pollution avoidance, and pollution reduction measures used on the vessel, including testing and evaluation procedures and economic and technical feasibility analyses.
(i) The department may exempt from the requirements of (a) - (d) of this section the owner or operator of a small commercial passenger vessel who has a plan for alternative terms and conditions of vessel discharges approved under AS 46.03.462(k).
2023 Alaska Statutes › Title 46. Water, Air, Energy, and Environmental Conservation › Chapter 03. Environmental Conservation › Article 7. Commercial Passenger Vessel Environmental Compliance Program. › Sec. 46.03.475. Reporting requirements.

(a) An owner or operator of a commercial passenger vessel who becomes aware of a discharge in violation of AS 46.03.463 shall immediately report that discharge to the department. There is no audit report privilege under AS 09.25.450 for this information.
(b) If the owner or operator of a commercial passenger vessel operating in the marine waters of the state is required by the Administrator of the United States Environmental Protection Agency or the secretary of the federal department in which the United States Coast Guard is operating to collect samples and test sewage, graywater, or other wastewater and keep records of the sampling and testing, the owner or operator shall, within 21 days after the sewage, graywater, or other wastewater is tested, submit to the department a copy of the records.
(c) Within 21 days after the testing required under AS 46.03.465(d), the owner or operator shall submit a written report to the department that contains the measurements required under AS 46.03.465(d) and describes the sampling technique and analytical testing methods used. The information in the report required under this subsection may be provided by referring to, and including copies of, other reports that are required by substantially equivalent state or federal reporting requirements.
(d) If the owner or operator of a commercial passenger vessel operating in the marine waters of the state is required by the laws of the United States or by the laws of Canada or of a province or territory of Canada to file a report or provide notice of a discharge or offloading of a hazardous waste, as defined in AS 46.03.900, or of a hazardous substance, as defined in AS 46.03.826, that was generated, discharged, or offloaded while the vessel was operating in the marine waters of the state, the owner or operator shall submit to the department a copy of the report or notice within 21 days after having provided the report or notice to an agency of the government of the United States or to an agency of the government of Canada or of a province or territory of Canada.
(e) Before the operation of a commercial passenger vessel in the marine waters of the state, the owner or operator of the vessel shall provide to the department a plan that describes the vessel's policies and procedures for
(1) offloading in this state or disposing into the marine waters of the state of nonhazardous solid waste other than sewage; and
(2) offloading of hazardous waste or a hazardous substance from the vessel while it is operating in the marine waters of the state to the extent that the offloading is not covered by (d) of this section.
(f) Upon request of the department, the information required under this section shall be submitted electronically.
(g) This section does not relieve the owner or operator of a commercial passenger vessel from other applicable reporting requirements of state or federal law.
2023 Alaska Statutes › Title 46. Water, Air, Energy, and Environmental Conservation › Chapter 03. Environmental Conservation › Article 7. Commercial Passenger Vessel Environmental Compliance Program. › Sec. 46.03.476. Ocean rangers.

(a) An owner or operator of a large commercial passenger vessel entering the marine waters of the state is required to have an ocean ranger hired or retained by the department on board the vessel to act as an independent observer for the purpose of monitoring state and federal requirements pertaining to marine discharge and pollution requirements and to insure that passengers, crew, and residents at ports are protected from improper sanitation, health, and safety practices.
(b) The ocean ranger shall monitor, observe, and record data and information related to the engineering, sanitation, and health related operations of the vessel, including but not limited to registration, reporting, record-keeping, and discharge functions required by state and federal law.
(c) Any information recorded or gathered by the ocean ranger shall be promptly conveyed to the department and the United States Coast Guard on a form or in a manner approved by the commissioner of environmental conservation. The commissioner may share information gathered with other state and federal agencies.
(d) In this section, “ocean ranger” means
(1) a marine engineer licensed by the United States Coast Guard; or
(2) a person who holds a degree in marine safety and environmental protection, or an equivalent course of study approved by the department, from an accredited maritime educational institution.
2023 Alaska Statutes › Title 46. Water, Air, Energy, and Environmental Conservation › Chapter 03. Environmental Conservation › Article 7. Commercial Passenger Vessel Environmental Compliance Program. › Sec. 46.03.480. Fees.

(a) There is imposed an environmental compliance fee on each commercial passenger vessel operating in the marine waters of the state.
(b) The fee imposed by (a) of this section for all commercial passenger vessels, other than vessels operated by the state, is a separate fee for each voyage during which the commercial passenger vessel operates in the marine waters of the state. The fee shall range from $.70 to $1.75 per berth, based on the overnight accommodation capacity of the vessel, determined with reference to the number of lower berths, according to the following categories:
(1) $75 for a commercial passenger vessel with overnight accommodations for at least 50 but not more than 99 passengers for hire;
(2) $175 for a commercial passenger vessel with overnight accommodations for at least 100 but not more than 249 passengers for hire;
(3) $375 for a commercial passenger vessel with overnight accommodations for at least 250 but not more than 499 passengers for hire;
(4) $750 for a commercial passenger vessel with overnight accommodations for at least 500 but not more than 999 passengers for hire;
(5) $1,250 for a commercial passenger vessel with overnight accommodations for at least 1,000 but not more than 1,499 passengers for hire;
(6) $1,750 for a commercial passenger vessel with overnight accommodations for at least 1,500 but not more than 1,999 passengers for hire;
(7) $2,250 for a commercial passenger vessel with overnight accommodations for at least 2,000 but not more than 2,499 passengers for hire;
(8) $2,750 for a commercial passenger vessel with overnight accommodations for at least 2,500 but not more than 2,999 passengers for hire;
(9) $3,250 for a commercial passenger vessel with overnight accommodations for at least 3,000 but not more than 3,499 passengers for hire;
(10) $3,750 for each commercial passenger vessel with overnight accommodations for 3,500 or more passengers for hire.
(c) The fee imposed by (a) of this section for a commercial passenger vessel that is operated by this state shall be determined by agreement between the commissioner of environmental conservation and the commissioner of transportation and public facilities.
(d) An additional fee in the amount of $4 per berth is imposed on all large commercial passenger vessels, other than vessels operated by the state, for the purpose of operating the ocean ranger program established in AS 46.03.476; said program shall be subject to legislative appropriation.
(e) A commercial passenger vessel operating in the marine waters of the state is liable for the fee imposed by this section. The fee is due and payable to the department in the manner and at the times required by the department by regulation.
2023 Alaska Statutes › Title 46. Water, Air, Energy, and Environmental Conservation › Chapter 03. Environmental Conservation › Article 7. Commercial Passenger Vessel Environmental Compliance Program. › Sec. 46.03.481. Citizens' suits.

(a) Any citizen of the state may commence a civil action (1) against an owner or operator of a large passenger vessel alleged to have violated any provision of this chapter, or (2) against the department where there is an alleged failure to perform any act or duty under this chapter which is not discretionary. No civil action may be commenced under this section, however, prior to 45 days after the plaintiff has provided written notice of the intent to sue to the attorney general.
(b) Subject to appropriation, as necessary, up to 50 percent and not less than 25 percent of any fines, penalties, or other funds recovered as a result of enforcement of this chapter shall be paid to the person or entity, other than the defendant, providing information sufficient to commence an investigation and enforcement of this chapter under this provision.
2023 Alaska Statutes › Title 46. Water, Air, Energy, and Environmental Conservation › Chapter 03. Environmental Conservation › Article 7. Commercial Passenger Vessel Environmental Compliance Program. › Sec. 46.03.482. Commercial passenger vessel environmental compliance fund.

(a) The commercial passenger vessel environmental compliance fund is created in the general fund.
(b) The fund consists of the following, all of which shall be deposited in the fund upon receipt:
(1) money received by the department in payment of fees under AS 46.03.480;
(2) money received under AS 46.03.760(e) as a result of a violation related to AS 46.03.460 - 46.03.490 unless the money would otherwise be deposited in the oil and hazardous substance release prevention and response fund established by AS 46.08.010;
(3) money appropriated to the fund by the legislature;
(4) earnings on the fund.
(c) The legislature may make appropriations from the fund to the department to pay for the department's operational costs necessary to prepare reports that assess the information received by the department for the cruise ship seasons of 2000, 2001, 2002, and 2003 and for the department's operational costs necessary to carry out activities under AS 46.03.460 - 46.03.490 relating to commercial passenger vessels.
(d) The unexpended and unobligated balance of an appropriation made from the fund to the department for the purposes described in (c) of this section lapses into the fund on December 31 following the end of the period for which the appropriation was made.
(e) Nothing in this section creates a dedicated fund.
2023 Alaska Statutes › Title 46. Water, Air, Energy, and Environmental Conservation › Chapter 03. Environmental Conservation › Article 7. Commercial Passenger Vessel Environmental Compliance Program. › Sec. 46.03.487. Exemption for vessels in innocent passage.

AS 46.03.460 - 46.03.490 do not apply to a commercial passenger vessel that operates in the marine waters of the state solely in innocent passage. For purposes of this section, a vessel is engaged in innocent passage if its operation in marine waters of the state, regardless of whether the vessel is a United States or foreign-flag vessel, would constitute innocent passage under the
(1) Convention on the Territorial Sea and the Contiguous Zone, April 29, 1958, 15 U.S.T. 1606; or
(2) United Nations Convention on the Law of the Sea 1982, December 10, 1982, United Nations Publication No. E.83.V.5, 21 I.L.M. 1261 (1982), were the vessel a foreign-flag vessel.
2023 Alaska Statutes › Title 46. Water, Air, Energy, and Environmental Conservation › Chapter 03. Environmental Conservation › Article 7. Commercial Passenger Vessel Environmental Compliance Program. › Sec. 46.03.488. Activities of the department.

The department may engage in the following activities relating to commercial passenger vessels operating in the marine waters of the state:
(1) direct in-water monitoring of discharges or releases of sewage, graywater, and other wastewater and direct monitoring of the opacity of air emissions from those vessels;
(2) monitoring and studying of direct or indirect environmental effects of those vessels; and
(3) researching ways to reduce effects of the vessels on marine waters and other coastal resources.
2023 Alaska Statutes › Title 46. Water, Air, Energy, and Environmental Conservation › Chapter 03. Environmental Conservation › Article 8. Cleanup of Illegal Drug Sites. › Sec. 46.03.520. Sampling and testing procedures.

(a) If the owner of the property for which notice was received under AS 46.03.500(b) desires to determine if the property is fit for use, the owner shall cause the site to be sampled and tested for the substances covered in regulations adopted under AS 46.03.530, using the procedures and laboratory services specified under (b) and (c) of this section. The property owner shall inform the laboratory used for sampling or testing under this subsection that the sampling and testing are related to property that has been determined to be an illegal drug manufacturing site.
(b) The department shall establish procedures for sampling and testing property that may have been an illegal drug manufacturing site.
(c) The department shall establish and maintain a list of laboratories in the state that have notified the department that they have the capacity to perform the sampling and testing procedures and that they wish to be on the list maintained under this subsection. A laboratory may not be included on the list unless the laboratory agrees to send the department a copy of test results related to properties whose owners have informed the laboratory that the test results are for property that has been determined to be an illegal drug manufacturing site.
2023 Alaska Statutes › Title 46. Water, Air, Energy, and Environmental Conservation › Chapter 03. Environmental Conservation › Article 8. Cleanup of Illegal Drug Sites. › Sec. 46.03.530. Standards for determining fitness.

(a) Property for which a notice was received under AS 46.03.500(b) is not fit for use if sampling and testing of the property under AS 46.03.520 shows the presence of substances for which the department has set a limit under (b) of this section.
(b) The Department of Public Safety shall annually submit a list of substances to the Department of Environmental Conservation. The department shall adopt regulations that set the limit for each substance specified by the Department of Public Safety for purposes of determining whether the property for which a notice was received under AS 46.03.500 is fit for use. The department may also determine whether there are other substances associated with illegal drug manufacturing sites that may pose a substantial risk of harm to persons who occupy or use the site or to public health and may adopt regulations that set limits for those substances for the purposes of determining whether the property for which notice was received under AS 46.03.500 is fit for use.
2023 Alaska Statutes › Title 46. Water, Air, Energy, and Environmental Conservation › Chapter 03. Environmental Conservation › Article 8. Cleanup of Illegal Drug Sites. › Sec. 46.03.540. Decontamination requirements.

(a) If the owner desires to decontaminate the property for which a notice has been issued under AS 46.03.500, the owner shall follow the guidelines established by the department under (b) of this section.
(b) The department shall establish guidelines for decontamination of sites that are determined to be unfit for use under AS 46.03.530. The department shall provide a copy of the guidelines to any person who requests a copy.
2023 Alaska Statutes › Title 46. Water, Air, Energy, and Environmental Conservation › Chapter 03. Environmental Conservation › Article 8. Cleanup of Illegal Drug Sites. › Sec. 46.03.550. Fitness for use.

(a) Property for which a notice has been issued under AS 46.03.500 shall be determined by the department to be fit for use if the owner certifies to the department under penalty of unsworn falsification in the second degree that
(1) based on sampling and testing procedures established by the department under AS 46.03.520(b) and performed by laboratories that are on the list maintained by the department under AS 46.03.520(c), the limits on substances specified in regulations adopted under AS 46.03.530 are not exceeded on the property;
(2) if the property was ever sampled and tested under AS 46.03.520 and the test results showed the property to be unfit for use under AS 46.03.530, decontamination procedures were performed in accordance with the guidelines established under AS 46.03.540(b) and the requirements of (1) of this subsection have been met; or
(3) a court has held that the determination that the property was an illegal drug manufacturing site was not made in compliance with AS 46.03.500(a).
(b) The department shall maintain a list of properties for which the department has received notice under AS 46.03.500(c). When the department determines under (a) of this section that a property on the list is fit for use, the department shall note on the list maintained on its Internet website under AS 46.03.500(f), and on any other list or database it maintains related to illegal drug manufacturing sites, that the property is fit for use and shall notify the owner of the property that the property is fit for use. The property shall remain on the lists or databases for five years after it is determined that the property is fit for use and shall be removed from the lists or databases within three months after the five-year period has elapsed. On request, the department shall give a copy of the list maintained under this section to any person who requests the list.
2023 Alaska Statutes › Title 46. Water, Air, Energy, and Environmental Conservation › Chapter 03. Environmental Conservation › Article 8. Cleanup of Illegal Drug Sites. › Sec. 46.03.560. Securing the property.

The owner of property for which a notice was received under AS 46.03.500(b) shall ensure that the property is vacated and secured against use
(1) within four days after receiving the notice if the owner does not test the property under AS 46.03.520 within four days after receiving the notice; or
(2) within four days after receiving the test results if the owner tests the property within four days after receiving the notice, the test shows the presence of a substance that exceeds the limits set in regulations adopted under AS 46.03.530, and the owner does not begin decontamination procedures under AS 46.03.540 within four days after receiving the test results.
2023 Alaska Statutes › Title 46. Water, Air, Energy, and Environmental Conservation › Chapter 03. Environmental Conservation › Article 8. Cleanup of Illegal Drug Sites. › Sec. 46.03.599. Definitions.

In AS 46.03.500 - 46.03.599,
(1) “illegal drug manufacturing site” means property on which there is reasonable cause to suspect contamination with chemicals associated with the manufacturing of a controlled substance and where
(A) activity involving the unauthorized manufacture of a controlled substance listed on schedule I or II in AS 11.71 or a precursor chemical or necessary chemical for the substances has occurred; or
(B) there are kept, stored, or located any of the devices, equipment, things, or substances used for the unauthorized manufacture of a controlled substance listed on schedule I or II in AS 11.71;
(2) “site” means an illegal drug manufacturing site.
2023 Alaska Statutes › Title 46. Water, Air, Energy, and Environmental Conservation › Chapter 03. Environmental Conservation › Article 9. Prohibited Acts, Penalties, and Damages. › Sec. 46.03.715. Sale and use of TBT-based antifouling paint.

(a) Except as otherwise provided in this section, a person may not sell or use TBT-based marine antifouling paint or coating in the state, nor may a person sell, rent, or lease in the state, or import into the state, or use in state water, a vessel, fishing gear, or other item intended to be partially or completely submerged in water, if the vessel, gear, or item has been painted or treated with TBT-based marine antifouling paint or coating.
(b) TBT-based marine antifouling paint or coating need not be removed from fishing gear, or from a vessel or other item that was painted or treated before December 1, 1987, but the vessel, gear, or item may not be repainted or retreated with TBT-based marine antifouling paint or coating. Fish culture or capture nets treated with TBT-based marine antifouling coating before December 1, 1987, may not be used in state water on or after December 1, 1992.
(c) Notwithstanding other provisions of this section, slow-leaching TBT-based marine antifouling paint may be imported into and sold in the state. A slow-leaching TBT-based marine antifouling paint may be applied in the state only to aluminum vessel hulls and lower outboard drive units. Aluminum vessel hulls and lower outboard drive units to which a slow-leaching TBT-based marine antifouling paint has been applied may be imported into and sold, rented, leased, or used in the state.
(d) If a vessel of the United States government, a foreign vessel in state water fewer than 90 consecutive days, or a vessel of 4,000 gross tons or more was painted or treated with a TBT-based marine antifouling paint or coating before January 1, 2001, the paint or coating need not be removed, but the vessel may not be repainted or retreated with a TBT-based marine antifouling paint or coating.
(e) In this section
(1) “slow-leaching TBT-based marine antifouling paint” means a TBT-based marine antifouling paint, but not a coating or other treatment, that has a measured release rate equal to or less than the maximum release rate established for qualified antifouling paints containing organotin by the United States Environmental Protection Agency under 33 U.S.C. 2401 - 2410 (the Organotin Antifouling Paint Control Act of 1988);
(2) “TBT-based marine antifouling paint or coating” means a paint, coating, or treatment that contains tributyltin, or a triorganotin compound used as a substitute for tributyltin, and that is intended to control fouling organisms in a fresh water or marine environment;
(3) “vessel” means watercraft used or capable of being used as a means of transportation on water, including
(A) aircraft equipped to land on water; and
(B) barges.
2023 Alaska Statutes › Title 46. Water, Air, Energy, and Environmental Conservation › Chapter 03. Environmental Conservation › Article 9. Prohibited Acts, Penalties, and Damages. › Sec. 46.03.720. Public water system plan review requirement.

(a) [Repealed, § 12 ch 136 SLA 2004.]
(b) A person may not construct, extend, install, or operate a public water supply system, or any part of a public water supply system, until plans for it are submitted to the department for review and the department approves them in writing.
(c) The department may waive the requirements of this section.
2023 Alaska Statutes › Title 46. Water, Air, Energy, and Environmental Conservation › Chapter 03. Environmental Conservation › Article 9. Prohibited Acts, Penalties, and Damages. › Sec. 46.03.730. Pesticides.

A person may not spray or apply, or cause to be sprayed or applied dichloro-diphenyl-trichloroethane (DDT), dieldrin, or other pesticide or broadcast chemical in a manner that may cause damage to or endanger the health, welfare, or property of another person, or in a manner that is likely to pollute the air, soil, or water of the state without prior authorization of the department.
2023 Alaska Statutes › Title 46. Water, Air, Energy, and Environmental Conservation › Chapter 03. Environmental Conservation › Article 9. Prohibited Acts, Penalties, and Damages. › Sec. 46.03.740. Oil pollution.

A person may not discharge, cause to be discharged, or permit the discharge of petroleum, acid, coal or oil tar, lampblack, aniline, asphalt, bitumen, or a residuary product of petroleum, into, or upon the waters or land of the state except in quantities, and at times and locations or under circumstances and conditions as the department may by regulation permit or where permitted under art. IV of the International Convention for the Prevention of Pollution of the Sea by Oil, 1954, as amended.
2023 Alaska Statutes › Title 46. Water, Air, Energy, and Environmental Conservation › Chapter 03. Environmental Conservation › Article 9. Prohibited Acts, Penalties, and Damages. › Sec. 46.03.742. Reckless operation of tank vessel.

(a) A person commits the crime of reckless operation of a tank vessel when, by recklessly operating, navigating, or piloting a tank vessel, the person causes a release of a hazardous substance and the release causes serious physical injury to another person or damage to the property of another.
(b) Reckless operation of a tank vessel is a class C felony.
(c) In this section, “reckless” has the meaning given in AS 11.81.900.
2023 Alaska Statutes › Title 46. Water, Air, Energy, and Environmental Conservation › Chapter 03. Environmental Conservation › Article 9. Prohibited Acts, Penalties, and Damages. › Sec. 46.03.743. Negligent operation of tank vessel.

(a) A person commits the crime of negligent operation of a tank vessel when, by operating, navigating, or piloting a tank vessel with criminal negligence, the person creates an unjustifiable risk of a release of a hazardous substance or an unjustifiable risk of harm to a person or property.
(b) Negligent operation of a tank vessel is a class A misdemeanor.
(c) In this section, “criminal negligence” has the meaning given in AS 11.81.900.
2023 Alaska Statutes › Title 46. Water, Air, Energy, and Environmental Conservation › Chapter 03. Environmental Conservation › Article 9. Prohibited Acts, Penalties, and Damages. › Sec. 46.03.744. Definitions for AS 46.03.742 - 46.03.744.

In AS 46.03.742 - 46.03.744,
(1) “hazardous substance” has the meaning given in AS 46.03.826;
(2) “tank vessel” means
(A) a vessel that is constructed or adapted to carry, or that carries, as a means of transportation by water, a hazardous substance in bulk as cargo or cargo residue;
(B) the vessel that propels the tank vessel if the tank vessel is a barge or other vessel that is not self-propelled.
2023 Alaska Statutes › Title 46. Water, Air, Energy, and Environmental Conservation › Chapter 03. Environmental Conservation › Article 9. Prohibited Acts, Penalties, and Damages. › Sec. 46.03.745. Hazardous substance release.

Except for a controlled release, the reporting of which is the subject of an agreement with the commissioner under AS 46.09.010(b), a person may not cause or permit the release of a hazardous substance as defined in AS 46.09.900.
2023 Alaska Statutes › Title 46. Water, Air, Energy, and Environmental Conservation › Chapter 03. Environmental Conservation › Article 9. Prohibited Acts, Penalties, and Damages. › Sec. 46.03.750. Ballast water discharge.

(a) Except as provided in (b) of this section, a person may not cause or permit the discharge of ballast water from a cargo tank of a tank vessel into the waters of the state. A tank vessel may not take on petroleum or a petroleum product or by-product as cargo unless it arrives in ports in the state without having discharged ballast from cargo tanks into the waters of the state and the master of the vessel certifies that fact on forms provided by the department.
(b) The master of a tank vessel may discharge ballast water from a cargo tank of a tank vessel if it is necessary for the safety of the tank vessel and no alternative action is feasible to ensure the safety of the tank vessel.
2023 Alaska Statutes › Title 46. Water, Air, Energy, and Environmental Conservation › Chapter 03. Environmental Conservation › Article 9. Prohibited Acts, Penalties, and Damages. › Sec. 46.03.755. Discharge reporting.

(a) A person in charge of a facility, operation, or vessel, as soon as the person has knowledge of any discharge from the facility, operation, or vessel in violation of AS 46.03.740 or 46.03.750, shall immediately notify the department of the discharge.
(b) Notwithstanding (a) of this section, the department may enter into a written agreement with a person for the periodic reporting of minor discharges other than into the waters of the state.
2023 Alaska Statutes › Title 46. Water, Air, Energy, and Environmental Conservation › Chapter 03. Environmental Conservation › Article 9. Prohibited Acts, Penalties, and Damages. › Sec. 46.03.759. Civil penalties for discharges of crude oil.

(a) A person who is found to be liable under any other state law for an unpermitted discharge of crude oil in excess of 18,000 gallons is, in addition to liability for any other penalties or for damages or the cost of containment and cleanup, liable to the state in a civil action for a civil penalty, up to a maximum of $500,000,000, in the amount of
(1) $8 per gallon of crude oil discharged for the first 420,000 gallons discharged; and
(2) $12.50 per gallon of crude oil discharged for amounts discharged in excess of 420,000 gallons.
(b) In determining how many gallons of crude oil have been discharged for purposes of assessing a penalty under (a) of this section, the court shall deduct the number of discharged gallons of crude oil that the defendant proves were removed by the defendant from the environment within the first 36 hours after the discharge as a result of a cleanup operation undertaken in conformity with applicable state and federal law. The dispersal of oil through burning, the use of chemical agents, biological additives, or sinking agents, or other means is not considered removal for the purposes of this subsection.
(c) Subject to the $500,000,000 maximum set under (a) of this section the court shall assess four times the penalty set out in (a) of this section if the court finds
(1) the discharge was caused by the gross negligence or intentional act of the defendant;
(2) the defendant did not take reasonable measures to contain and clean up the discharged oil; or
(3) the defendant did not act or respond in accordance with an approved oil discharge prevention and contingency plan.
(d) Notwithstanding AS 46.03.875, a person liable for civil penalties under this section is not also liable for the discharge of the crude oil under AS 46.03.760(a). A person causing or permitting a discharge of crude oil of 18,000 gallons or less not permitted under applicable state or federal law is liable for that discharge under the penalty provisions of AS 46.03.760(a); however, the court may impose a penalty of less than $500 for the discharge.
(e) The court may reduce the penalty imposed under this section if the defendant demonstrates, by a preponderance of the evidence, that the discharge was caused solely by a negligent act of a third person unless the third person is a person with whom the defendant was found jointly and severally liable for the discharge under other state law.
(f) A person otherwise liable for penalties under this section is not liable if the person demonstrates, by a preponderance of the evidence, that the discharge occurred solely as a result of
(1) an act of God;
(2) a negligent or intentional act of the state or the United States; or
(3) an act of war.
(g) In this section, “discharge” means entry of crude oil into or upon the water or public land of the state, regardless of causation, except discharges into an enclosed and impervious oil spill containment area.
2023 Alaska Statutes › Title 46. Water, Air, Energy, and Environmental Conservation › Chapter 03. Environmental Conservation › Article 9. Prohibited Acts, Penalties, and Damages. › Sec. 46.03.763. Attorney fees and costs.

In an action to impose civil penalties under AS 46.03.758, 46.03.759, or 46.03.760 for a discharge of oil, the state may recover full reasonable attorney fees and costs incurred by the state in maintaining the action.
2023 Alaska Statutes › Title 46. Water, Air, Energy, and Environmental Conservation › Chapter 03. Environmental Conservation › Article 9. Prohibited Acts, Penalties, and Damages. › Sec. 46.03.765. Injunctions.

The superior court has jurisdiction to enjoin a violation of this chapter, AS 46.04, AS 46.09, AS 46.14, or of a regulation, a lawful order of the department, or permit, approval, or acceptance, or term or condition of a permit, approval, or acceptance issued under this chapter, AS 46.04, AS 46.09, or AS 46.14. In actions brought under this section, temporary or preliminary relief may be obtained upon a showing of an imminent threat of continued violation, and probable success on the merits, without the necessity of demonstrating physical irreparable harm. The balance of equities in actions under this section may affect the timing of compliance, but not the necessity of compliance within a reasonable period of time.