reglab/statecodes huggingface dataset:
2023 Alaska Statutes › Title 46. Water, Air, Energy, and Environmental Conservation › Chapter 03. Environmental Conservation › Article 9. Prohibited Acts, Penalties, and Damages. › Sec. 46.03.770. Detention of vessel without warrant as security for damages.

A vessel that is used in or in aid of a violation of AS 46.03.740 - 46.03.750 may be detained after a valid search by the department, an agent of the department, a peace officer of the state, or an authorized protection officer of the Department of Fish and Game. Upon judgment of the court having jurisdiction that the vessel was used in, or was the cause of, a violation of AS 46.03.740 - 46.03.750 with knowledge of its owner or under circumstances indicating that the owner should reasonably have had this knowledge, the vessel may be held as security for payment to the state of the amount of damages assessed by the court under AS 46.03.758, 46.03.759, 46.03.760, 46.03.822, and AS 46.04.030(g). If the damages assessed are not paid within 30 days after judgment or final determination of an appeal, the vessel shall be sold at public auction, or as otherwise directed by the court, and the damages paid from the proceeds. The balance, if any, shall be paid by the court to the owner of the vessel. The court shall permit the release of the vessel upon posting of a bond set by the court in an amount not to exceed the maximum amount of damages available under AS 46.03.758, 46.03.759, 46.03.760, 46.03.822, and AS 46.04.030(g). The damages received under this section shall be transmitted to the proper state officer for deposit in the general fund. A vessel seized under this section shall be returned or the bond exonerated if no damages are assessed under AS 46.03.758, 46.03.759, 46.03.760, 46.03.822, or AS 46.04.030(g).
2023 Alaska Statutes › Title 46. Water, Air, Energy, and Environmental Conservation › Chapter 03. Environmental Conservation › Article 9. Prohibited Acts, Penalties, and Damages. › Sec. 46.03.780. Liability for restoration.

(a) A person who violates a provision of this chapter, AS 46.04, AS 46.09, or AS 46.14, or who fails to perform a duty imposed by this chapter, AS 46.04, AS 46.09, or AS 46.14, or violates or disregards an order, permit, or other determination of the department made under the provisions of this chapter, AS 46.04, AS 46.09, or AS 46.14, respectively, and thereby causes the death of fish, animals, or vegetation or otherwise injures or degrades the environment of the state is liable to the state for damages.
(b) Liability for damages under (a) of this section includes an amount equal to the sum of money required to restock injured land or waters, to replenish a damaged or degraded resource, or to otherwise restore the environment of the state to its condition before the injury.
(c) Damages under (a) of this section shall be recovered by the attorney general on behalf 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. 46.03.800. Water nuisances.

(a) A person is guilty of creating or maintaining a nuisance if the person puts a dead animal carcass, or part of one, excrement, or a putrid, nauseous, noisome, decaying, deleterious, or offensive substance into, or in any other manner befouls, pollutes, or impairs the quality of, a spring, brook, creek, branch, well, or pond of water that is or may be used for domestic purposes.
(b) A person who neglects or refuses to abate the nuisance upon order of the department is guilty of a misdemeanor and is punishable as provided in AS 46.03.790. In addition to this punishment, the court shall assess damages against the defendant for the expenses of abating the nuisance.
2023 Alaska Statutes › Title 46. Water, Air, Energy, and Environmental Conservation › Chapter 03. Environmental Conservation › Article 9. Prohibited Acts, Penalties, and Damages. › Sec. 46.03.810. Air and land nuisances.

(a) A person is guilty of creating or maintaining a nuisance if the person
(1) places or deposits upon a lot, street, beach, or premises, or upon or anywhere within 200 feet of a public highway, any garbage, offal, dead animals, or any other matter or thing that would be obnoxious or cause the spread of disease or in any way endanger the health of the community;
(2) allows to be placed or deposited upon any premises owned by the person or under the person's control garbage, offal, dead animals, or any other matter or thing that would be obnoxious or offensive to the public or that would produce, aggravate, or cause the spread of disease or in any way endanger the health of the community.
(b) A person who neglects or refuses to abate the nuisance upon order of an officer of the department is guilty of a misdemeanor and is punishable as provided in AS 46.03.790. In addition to this punishment, the court shall assess damages against the defendant for the expenses of abating the nuisance.
2023 Alaska Statutes › Title 46. Water, Air, Energy, and Environmental Conservation › Chapter 03. Environmental Conservation › Article 9. Prohibited Acts, Penalties, and Damages. › Sec. 46.03.820. Emergency powers.

(a) When the department finds, after investigation, that a person is causing, engaging in, or maintaining a condition or activity that, in the judgment of its commissioner presents an imminent or present danger to the health or welfare of the people of the state or would result in or be likely to result in irreversible or irreparable damage to the natural resources or environment, and it appears to be prejudicial to the interests of the people of the state to delay action until an opportunity for a hearing can be provided, the department may, without prior hearing, order that person by notice to discontinue, abate, or alleviate the condition or activity. The proscribed condition or activity shall be immediately discontinued, abated, or alleviated.
(b) Upon receipt of an order of the department made under (a) of this section, the person affected has the right to be heard and to present proof to the department that the condition or activity does not constitute an actual or potential source of irreversible or irreparable damage to the natural resources or environment of the state, or that the order may constitute a substantial private hardship.
(c) In the commissioner's discretion or upon application made by the recipient of an order within 15 days of receipt of the order, the department shall schedule a hearing at the earliest possible time. The hearing shall be scheduled within five days of the receipt of the application. The submission of an application or the scheduling of a hearing does not stay the operation of the department's order issued under (a) of this section.
(d) After a hearing the department may affirm, modify, or set aside the order. An order affirmed, modified, or set aside after hearing is subject to judicial review as provided in AS 44.62.560. The order is not stayed pending judicial review unless the commissioner so directs. If an order is not immediately complied with, the attorney general, upon request of the commissioner, shall seek enforcement of the order.
(e) The department may adopt additional regulations prescribing the procedure to be followed in the issuance of emergency orders.
2023 Alaska Statutes › Title 46. Water, Air, Energy, and Environmental Conservation › Chapter 03. Environmental Conservation › Article 9. Prohibited Acts, Penalties, and Damages. › Sec. 46.03.823. Hazardous substance response action contractors.

(a) A person who is a response action contractor with respect to a release or threatened release of a hazardous substance other than oil whose acts or omissions are not contrary to a response plan or order by a state or federal agency having jurisdiction over the release or threatened release is not civilly liable for injuries, costs, damages, expenses, or other liability that results from the release or threatened release unless the release or threatened release is caused by an act or omission of the response action contractor that is negligent or grossly negligent or constitutes intentional misconduct. To show negligence by a response action contractor, a claimant must show that the acts or omissions of the contractor under the response action contract were not in accordance with generally accepted professional standards and practices at the time the response action services were performed.
(b) The liability limitation under (a) of this section
(1) does not apply to a response action contractor who would otherwise be liable for the release or threatened release under state or federal law even if that person had not carried out a response action with respect to the release or threatened release; and
(2) does apply only to releases for which notification to the department was provided and received in the manner prescribed under state law.
(c) The defense provided in AS 46.03.822(b)(1)(B) is not available to a potentially liable person with respect to costs or damages caused by an act or omission of a response action contractor.
(d) Except as provided in (c) of this section, this section does not affect the liability under this chapter or under any other state law of a person other than a response action contractor.
(e) This section does not affect the liability of a response action contractor that may arise from the response action contractor's failure to comply with the terms or conditions of a
(1) response action contract or a remedial action plan if one has been approved by the department; or
(2) contingency plan approved by the department where the response action contractor is the plan holder.
(f) This section does not affect the liability of an employer who is a response action contractor with respect to an employee of the employer under any provision of law, including a law related to workers' compensation.
(g) In this section, “response action” means an action taken in connection with the mitigation or cleanup of a release or threatened release of a hazardous substance other than oil, including investigation, evaluation, plan development, mapping and surveying, engineering, design and construction, removal, and equipment provision.
2023 Alaska Statutes › Title 46. Water, Air, Energy, and Environmental Conservation › Chapter 03. Environmental Conservation › Article 9. Prohibited Acts, Penalties, and Damages. › Sec. 46.03.828. Other rights of action not affected.

The provisions of AS 46.03.822 - 46.03.828 do not abridge or alter a right of action or remedy under another statute, in equity, or at common law. However, an award of damages to a person or the state on a cause of action for an injury under AS 46.03.822 bars recovery in an action by another person or the state on the same cause of action for the same injury.
2023 Alaska Statutes › Title 46. Water, Air, Energy, and Environmental Conservation › Chapter 03. Environmental Conservation › Article 9. Prohibited Acts, Penalties, and Damages. › Sec. 46.03.830. Proof of financial responsibility required for petrochemical facility or hazardous waste disposal site operation.

(a) A person may not operate a petrochemical facility or a hazardous waste disposal site unless the person has furnished proof to the commissioner of financial ability to control a hazardous waste that will be used in, produced by, or disposed of at the facility or the site. Proof of financial responsibility shall include responsibility for the hazardous waste after the facility or site is closed, and may be demonstrated by self-insurance, insurance, surety, or guarantee, under regulations adopted by the department.
(b) Acceptance of proof of financial responsibility under this section expires
(1) one year from its issuance for self-insurance;
(2) on the effective date of a change in the surety bond, guarantee, or insurance agreement; or
(3) on the expiration or cancellation of the surety bond, guarantee, or insurance agreement.
2023 Alaska Statutes › Title 46. Water, Air, Energy, and Environmental Conservation › Chapter 03. Environmental Conservation › Article 9. Prohibited Acts, Penalties, and Damages. › Sec. 46.03.833. Compliance with financial responsibility requirements.

(a) A person whose proof of financial responsibility is accepted by the department under AS 46.03.830 or 46.03.100(f) shall notify the department at least 90 days before the effective date of a change in, or expiration or cancellation of, the proof of financial responsibility. Application for renewal of acceptance of proof of financial responsibility under AS 46.03.830 or 46.03.100(f) must be filed at least 90 days before the date of expiration.
(b) The department, after notice and hearing, may revoke acceptance of proof of financial responsibility if it determines that
(1) acceptance was procured by fraud or misrepresentation; or
(2) a change of circumstance has occurred that warrants revocation under regulations adopted by 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. 46.03.850. 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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).
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 Alaska Statutes › Title 46. Water, Air, Energy, and Environmental Conservation › Chapter 04. Oil and Hazardous Substance Pollution Control › Article 2. Oil and Hazardous Substance Discharge and Prevention Contingency Plans. › Sec. 46.04.200. State master plan.

(a) The department shall prepare, annually review, and revise as necessary a statewide master oil and hazardous substance discharge prevention and contingency plan.
(b) The state master plan prepared under this section must
(1) take into consideration the elements of an oil discharge prevention and contingency plan approved or submitted for approval under AS 46.04.030;
(2) include incident command systems that clarify and specify the respective responsibilities of each of the following in the assessment, containment, and cleanup of various types and sizes of discharges of oil or a hazardous substance into the environment of the state:
(A) the Department of Environmental Conservation, the division of homeland security and emergency management in the Department of Military and Veterans' Affairs, and other agencies of the state; responsibilities assigned to each agency must be consistent with its statutory authority;
(B) municipalities of the state;
(C) appropriate federal agencies;
(D) operators of facilities;
(E) private parties whose land and other property may be affected by the oil or hazardous substance discharge; and
(F) other parties identified by the commission as having an interest in or the resources to assist in the containment and cleanup of an oil or hazardous substance discharge;
(3) include incident command systems that specify the respective responsibilities of parties identified in (2) of this subsection in an emergency response under AS 26.23, AS 46.03.865, AS 46.04.080, or AS 46.09.030; responsibilities assigned to each state agency must be consistent with its statutory authority; and
(4) identify actions necessary to reduce the likelihood of discharges of oil or hazardous substances.
(c) If the commissioner determines that the state master plan should be revised, the commissioner shall
(1) consult with municipal, community, and local emergency planning committee officials, and with representatives of affected regional organizations;
(2) submit the draft plan with revisions to the public for review and comment;
(3) submit to the legislature for review, not later than the 10th day following the convening of each regular session, any revision of the plan; and
(4) submit any revision of the plan to the Alaska State Emergency Response Commission for its review under AS 26.23.077.
(d) In order to determine whether the state master plan should be revised, or at any other time the commissioner determines it necessary, the commissioner shall require or schedule unannounced oil spill drills to test the sufficiency of an oil discharge prevention and contingency plan approved under AS 46.04.030 or of the cleanup plans of a party identified under (b)(2) of this section.
2023 Alaska Statutes › Title 46. Water, Air, Energy, and Environmental Conservation › Chapter 04. Oil and Hazardous Substance Pollution Control › Article 2. Oil and Hazardous Substance Discharge and Prevention Contingency Plans. › Sec. 46.04.210. Regional master plan.

(a) For any region of the state, the boundaries of which are determined by the commissioner by regulation, in which the department is required to review and approve an oil discharge prevention and contingency plan submitted by a person under AS 46.04.030, the department shall prepare, annually review, and revise as necessary a regional master oil and hazardous substance discharge prevention and contingency plan.
(b) The provisions of AS 46.04.200(b) and (c) apply to preparation and review of a regional master plan under this section.
(c) In setting boundaries under (a) of this section, the department shall, when possible, group together communities that are likely to require coordination of their efforts to respond effectively to a discharge.
2023 Alaska Statutes › Title 46. Water, Air, Energy, and Environmental Conservation › Chapter 04. Oil and Hazardous Substance Pollution Control › Article 3. Uniform Environmental Covenants Act. › Sec. 46.04.300. Environmental covenant.

(a) An environmental covenant is required if the department makes a remedial decision as part of an environmental response project and that environmental response project results in
(1) residual contamination remaining in the environment in concentrations that are safe for some, but not all, uses; or
(2) an engineered feature or structure that requires monitoring, maintenance, or operation, or that will not function as intended if disturbed.
(b) An environmental covenant may be held by one or more holders. A holder may own an interest in the real property subject to an environmental covenant. The interest of a holder is an interest in real property.
(c) A right of the department under AS 46.04.300 - 46.04.390 or under an environmental covenant, other than a right as a holder, is not an interest in real property.
(d) The department is bound by any obligation it specifically assumes in an environmental covenant, but the department does not assume obligations merely by signing an environmental covenant. A person other than the department that signs an environmental covenant is bound by the obligations the person assumes in the environmental covenant, but signing the environmental covenant does not change obligations, rights, or protections granted or imposed under law other than under AS 46.04.300 - 46.04.390 unless otherwise provided in the environmental covenant.
(e) The following apply to interests in real property in existence at the time an environmental covenant is created or amended:
(1) an interest that has priority under other law is not affected by an environmental covenant unless the person that owns the interest subordinates that interest to the environmental covenant;
(2) AS 46.04.300 - 46.04.390 do not require a person that owns a prior interest to subordinate that interest to an environmental covenant or to agree to be bound by the environmental covenant;
(3) an environmental covenant may contain a subordination agreement, or a subordination agreement may be contained in a separate record;
(4) the department may decide not to sign an environmental covenant unless each person holding an interest in the land or any part of the land, including each mortgagee, lessee, lienor, and encumbrancer, irrevocably subordinates the interest to the environmental covenant; the department may waive the requirement in this paragraph;
(5) an agreement by a person to subordinate a prior interest to an environmental covenant affects the priority of that person's interest but does not by itself impose any affirmative obligation on the person with respect to the environmental covenant;
(6) if the environmental covenant covers commonly owned property in a common interest community, the record may be signed by any person authorized by the governing board of the owners' association.
2023 Alaska Statutes › Title 46. Water, Air, Energy, and Environmental Conservation › Chapter 04. Oil and Hazardous Substance Pollution Control › Article 3. Uniform Environmental Covenants Act. › Sec. 46.04.305. Contents of environmental covenant.

(a) An environmental covenant must
(1) state that the interest is an environmental covenant executed under AS 46.04.300 - 46.04.390;
(2) contain a legally sufficient description of the real property subject to the environmental covenant;
(3) describe the activity and use limitations on the real property;
(4) identify every holder;
(5) be signed by the commissioner, every holder, and, unless waived by the department, every owner of the fee simple of the real property subject to the environmental covenant except that for an environmental covenant affecting a land or mineral interest of the Department of Natural Resources, the signature of the commissioner of natural resources may not be waived; and
(6) identify the name and location of any administrative record for the environmental response project reflected in the environmental covenant.
(b) In addition to the information required under (a) of this section, an environmental covenant may contain other information, restrictions, and requirements agreed to by the persons who signed it or required by the department, including
(1) requirements for notice following transfer of a specified interest in, or concerning proposed changes in use of, applications for building permits for, or proposals for any site work affecting the contamination on, the property subject to the environmental covenant;
(2) requirements for periodic reporting describing compliance with the environmental covenant;
(3) rights of access to the property granted in connection with implementation or enforcement of the environmental covenant;
(4) a brief narrative description of the contamination and remedy, including the contaminants of concern, the pathways of exposure, limits on exposure, and the location and extent of the contamination;
(5) a limitation on the amendment or termination of the environmental covenant that is in addition to the limitations contained in AS 46.04.300 - 46.04.390; and
(6) rights of the holder in addition to the right of the holder to enforce the environmental covenant under AS 46.04.335.
(c) In addition to other conditions for the department's approval of an environmental covenant, the department may require a specified person who has an interest in the real property that is the subject of the environmental covenant to sign the environmental covenant.
2023 Alaska Statutes › Title 46. Water, Air, Energy, and Environmental Conservation › Chapter 04. Oil and Hazardous Substance Pollution Control › Article 3. Uniform Environmental Covenants Act. › Sec. 46.04.310. Validity of environmental covenant; effect on other instruments.

(a) An environmental covenant entered into in accordance with AS 46.04.300 - 46.04.390 runs with the land.
(b) An environmental covenant is valid and enforceable even if
(1) it is not appurtenant to an interest in real property;
(2) it can be or has been assigned to a person other than the original holder;
(3) it is not of a character that has been traditionally recognized at common law;
(4) it imposes a negative burden;
(5) it imposes an affirmative obligation on a person having an interest in the real property or on the holder;
(6) the benefit or burden does not touch or concern real property;
(7) there is no privity of estate or contract;
(8) the holder dies, ceases to exist, resigns, or is replaced; or
(9) the owner of an interest subject to the environmental covenant and the holder are the same person.
(c) An instrument that creates restrictions or obligations with respect to real property that would qualify as activity and use limitations except for the fact that the instrument was recorded before December 14, 2018 is not invalid or unenforceable because of any of the limitations on enforcement of interests described in (b) of this section or because it was identified as an easement, servitude, deed restriction, or other interest. Except as provided in this section, AS 46.04.300 - 46.04.390 do not apply to an instrument described in this subsection.
(d) AS 46.04.300 - 46.04.390 do not invalidate or render unenforceable any interest, whether designated as an environmental covenant or other interest, that is otherwise enforceable under the law of this state.
2023 Alaska Statutes › Title 46. Water, Air, Energy, and Environmental Conservation › Chapter 04. Oil and Hazardous Substance Pollution Control › Article 3. Uniform Environmental Covenants Act. › Sec. 46.04.315. Notice of environmental covenant.

(a) A copy of the environmental covenant shall be provided by the persons and in the manner required by the department to
(1) each person that signed the environmental covenant;
(2) each person holding a recorded interest in the real property subject to the environmental covenant;
(3) each person in possession of the real property subject to the environmental covenant;
(4) each municipality or other unit of local government in which real property subject to the environmental covenant is located; and
(5) any other person the department requires.
(b) The validity of an environmental covenant is not affected by failure to provide a copy of the environmental covenant as required under this section.