reglab/statecodes huggingface dataset:
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 88. Energy Loan and Grant Programs › Article 2. Residential Energy Conservation Fund. › Sec. 45.88.120. Loans.

(a) The department may make loans for the purchase, construction, and installation of an energy conservation improvement in a residential building.
(b) A loan for the purchase, construction, and installation of an energy conservation improvement under AS 45.88.100 - 45.88.190 may not exceed the lesser of
(1) an amount, as determined by an energy audit, that is equal to the estimated total energy cost saving attributable to the energy conservation improvement at a date that is 10 years after purchase, construction, or installation of the energy conservation improvement;
(2) $5,000.
(c) A loan for the purchase, construction, and installation of an energy conservation improvement under AS 45.88.100 - 45.88.190 may be made for only an energy conservation improvement that has been recommended, in any energy audit, as a measure that is likely to result in energy conservation or energy cost savings.
(d) A loan made under AS 45.88.100 - 45.88.190 may be used to finance
(1) all of the cost of purchasing, constructing, and installing an energy conservation improvement; and
(2) the costs of labor for the installation of an energy conservation improvement.
(e) Interest shall be charged on a loan made under AS 45.88.100 - 45.88.190. If a loan is made before January 1, 1984, interest shall be five percent. If the loan is made after December 31, 1983, interest shall equal the percentage of the average weekly yield of municipal bonds for the 12 months preceding the loan, as determined by the commissioner from the municipal bond yield rates reported in the 30-year revenue index of the Weekly Bond Buyer.
(f) The duration of repayment of a loan made under AS 45.88.100 - 45.88.190 may not exceed 10 years.
(g) The department may require security for a loan under this section. When a loan is made under this section, the department may require the loan applicant to present copies of invoices or billings for expenses which the proceeds of the loan will be used to pay.
(h) All principal and interest payments, and money chargeable to principal or interest that is collected through liquidation by foreclosure or other process on a loan made under AS 45.88.100 - 45.88.190, shall be paid into the residential energy conservation fund.
(i) A person who receives a loan under this section and knowingly uses the loan proceeds for purposes other than those set out in (d) of this section is guilty of the crime of misapplication of property under AS 11.46.620.
(j) If, in the opinion of the department, it is not necessary to conduct an energy audit to determine that a loan application meets the requirements of this section, the department may waive the audit requirement for the applicant.
(k) The department may not make a loan under AS 45.88.100 - 45.88.190 to a person who has a past due child support obligation established by court order or by the child support services agency under AS 25.27.160 - 25.27.220 at the time of application.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 88. Energy Loan and Grant Programs › Article 2. Residential Energy Conservation Fund. › Sec. 45.88.130. Sale or transfer of mortgages and notes.

The commissioner may sell or transfer at par value or at a premium or discount to any bank or other private purchaser for cash or other consideration the mortgages and notes held by the department as security for loans made under AS 45.88.100 - 45.88.190.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 88. Energy Loan and Grant Programs › Article 2. Residential Energy Conservation Fund. › Sec. 45.88.140. Disposal of property acquired by default or foreclosure.

The department shall dispose of property acquired through default or foreclosure of a loan made under AS 45.88.100 - 45.88.190. Disposal shall be made in a manner that serves the best interests of the state, and may include the amortization of payments over a period of years.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 88. Energy Loan and Grant Programs › Article 2. Residential Energy Conservation Fund. › Sec. 45.88.150. Regulations.

(a) The department shall adopt regulations necessary to carry out the provisions of AS 45.88.100 - 45.88.190, including regulations to establish reasonable fees for services provided and charges for collecting the fees.
(b) The department may collect the fees and collection charges established under (a) of this section.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 88. Energy Loan and Grant Programs › Article 2. Residential Energy Conservation Fund. › Sec. 45.88.190. Definitions.

In AS 45.88.010 - 45.88.190,
(1) “commissioner” means the commissioner of commerce, community, and economic development;
(2) “department” means the Department of Commerce, Community, and Economic Development;
(3) “energy audit” means
(A) [Repealed, § 10 ch 79 SLA 1983.]
(B) an energy audit performed under § 215(b)(1)(A) of the federal residential energy conservation program of the National Energy Conservation Policy Act (42 U.S.C. 8216(b)(1)(A)); or
(C) an energy audit completed before July 1, 1980, that has been approved by the commissioner as an audit that fairly demonstrates the energy consumption characteristics of a residence and that indicates likely energy conservation and cost savings measures;
(4) “energy conservation improvement” means
(A) structural insulation;
(B) thermal windows and doors;
(C) a furnace replacement burner designed to achieve a reduction in the amount of fuel consumed as a result of increased combustion efficiency;
(D) a device for modifying flue openings designed to increase the efficiency of operation of the heating system;
(E) an electrical or mechanical furnace ignition system which replaces a gas pilot light;
(F) an automatic energy-saving setback thermostat;
(G) a meter which displays the cost of energy usage;
(H) caulking and weatherstripping of doors and windows;
(I) insulating shades and shutters;
(J) air and water recuperators;
(K) any other energy-saving device approved by the commissioner.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 98. Historical District Loan Act › Sec. 45.98.010. Creation of historical district revolving loan fund.

(a) There is created in the Department of Commerce, Community, and Economic Development a historical district revolving loan fund. All principal and interest payments, and money chargeable to principal or interest that is collected through liquidation by foreclosure or other process on loans made under this chapter, shall be paid into the historical district revolving loan fund.
(b) Money in the fund may be used by the legislature to make appropriations for costs of administering this chapter.
(c) On June 30 of each fiscal year the unexpended and unobligated cash balance of the fund that is attributable to loans owned by the fund lapses into the general fund.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 98. Historical District Loan Act › Sec. 45.98.015. Special account established.

(a) There is established as a special account within the historical district revolving loan fund the foreclosure expense account. This account is established as a reserve from fund equity.
(b) The commissioner of commerce, community, and economic development may expend money credited to the foreclosure expense account when necessary to protect the state's security interest in collateral on loans made under this chapter, or to defray expenses incurred during foreclosure proceedings after a default by an obligor.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 98. Historical District Loan Act › Sec. 45.98.020. Historical district loans.

Upon endorsement and plan approval by a local historical district commission established under AS 29.55.010 or former AS 29.48.108 and the recommendation of a majority of the members of the Alaska Historical Commission, the Department of Commerce, Community, and Economic Development may make loans to a person, firm, business, or municipality subject to applicable laws for the restoration, improvement, rehabilitation, or maintenance of a structure that is
(1) within the boundaries of a historical district established under AS 29.55.020 or former AS 29.48.110 and identified as important in state or national history as provided for in AS 29.55.020(b) or former AS 29.48.110(b); or
(2) a building or structure within a historical district, that is suitable for superficial modification so that it can conform to the period or motif of the surrounding buildings or structures that are the reason for the area's designation as a historical district.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 98. Historical District Loan Act › Sec. 45.98.030. Powers of the department.

For purposes of administering this chapter, the Department of Commerce, Community, and Economic Development may
(1) prescribe the form and procedure for submitting loan applications under this chapter;
(2) designate agents and delegate powers to them as is necessary;
(3) in consultation with the Alaska Historical Commission, adopt regulations necessary to carry out its functions, including regulations for the process of plan approval by the commission and regulations to establish reasonable fees for services provided and charges for collecting the fees;
(4) establish amortization plans for the repayment of loans not to exceed 30 years;
(5) collect the fees and collection charges established under this section.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 98. Historical District Loan Act › Sec. 45.98.040. Limitations on loans.

Loans made under this chapter are subject to the following limitations:
(1) state participation in all loans in the aggregate, for any one historical district qualifying under this chapter may not exceed $1,500,000;
(2) state participation in a loan for the restoration, improvement, rehabilitation, or maintenance of any one building or structure qualifying under this chapter may not exceed $250,000;
(3) the loans shall be secured by acceptable collateral and may not exceed 85 percent of the appraised value of the collateral offered as security;
(4) the rate of interest may not exceed seven and one-half percent a year on the unpaid balance of the state's share of the loan;
(5) a participating financial institution shall administer and service the loan for a reasonable fee not exceeding one-quarter of one percent;
(6) the state has a lien on the property accepted as collateral to the extent of its portion of the loan; when the lien or notice of the lien is properly recorded it is superior to all other liens except those for taxes and special assessments; a lien of the participating financial institution, to the extent of its portion of the loan after it is properly recorded, is superior to all other liens except liens for taxes, special assessments, and the lien of the state.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 98. Historical District Loan Act › Sec. 45.98.050. Sale or transfer of mortgages and notes.

(a) The commissioner of commerce, community, and economic development or a designee of the commissioner may sell or transfer at par value or at a premium or discount to any bank or other private purchaser for cash or other consideration the mortgages and notes held by the Department of Commerce, Community, and Economic Development as security for loans made under this chapter.
(b) [Repealed, § 33 ch 141 SLA 1988.]
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 98. Historical District Loan Act › Sec. 45.98.055. Disposal of property acquired by default or foreclosure.

The Department of Commerce, Community, and Economic Development shall dispose of property acquired through default or foreclosure of a loan made under this chapter. Disposal shall be made in a manner that serves the best interests of the state, and may include the amortization of payments over a period of years.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 98. Historical District Loan Act › Sec. 45.98.060. Penalty provision.

After a project for which a loan is granted is commenced, if the Department of Commerce, Community, and Economic Development or a local historical district commission, in consultation with the Alaska Historical Commission, determines that the project is inconsistent with the guidelines or stipulations for construction, or otherwise fails to conform to the requirements of the loan, the interest rate on the state's share of the loan shall be increased to the highest rate of interest allowed at that time as provided in AS 45.45.010. In addition, a penalty in the amount of two percent of the balance of the loan shall be assessed by the Department of Commerce, Community, and Economic Development.
2023 Alaska Statutes › Title 46. Water, Air, Energy, and Environmental Conservation › Chapter 03. Environmental Conservation › Article 1. Declaration of Policy. › Sec. 46.03.010. Declaration of policy.

(a) It is the policy of the state to conserve, improve, and protect its natural resources and environment and control water, land, and air pollution, in order to enhance the health, safety, and welfare of the people of the state and their overall economic and social well-being.
(b) It is the policy of the state to improve and coordinate the environmental plans, functions, powers, and programs of the state, in cooperation with the federal government, regions, local governments, other public and private organizations, and concerned individuals, and to develop and manage the basic resources of water, land, and air to the end that the state may fulfill its responsibility as trustee of the environment for the present and future generations.
2023 Alaska Statutes › Title 46. Water, Air, Energy, and Environmental Conservation › Chapter 03. Environmental Conservation › Article 2. Department of Environmental Conservation. › Sec. 46.03.022. Dental radiological equipment.

[See delayed amendment note.] This title does not authorize the department to register, inspect, test, or otherwise regulate dental radiological equipment or records relating to dental radiological equipment regulated by the Board of Dental Examiners under AS 08.36.075.
2023 Alaska Statutes › Title 46. Water, Air, Energy, and Environmental Conservation › Chapter 03. Environmental Conservation › Article 2. Department of Environmental Conservation. › Sec. 46.03.024. Consideration in adopting pollution regulations.

Notwithstanding another provision of law to the contrary, when adopting a regulation relating to the control, prevention, and abatement of air, water, or land or subsurface land pollution, the department shall give special attention to public comments concerning the cost of compliance with the regulation and to alternate practical methods of complying with the statute being interpreted or implemented by the regulation.
2023 Alaska Statutes › Title 46. Water, Air, Energy, and Environmental Conservation › Chapter 03. Environmental Conservation › Article 2. Department of Environmental Conservation. › Sec. 46.03.030. Water quality enhancement, water supply, sewage, and solid waste facilities grants.

(a) [Repealed, § 19 ch 220 SLA 1976.]
(b) The department may grant to a municipality, as funds are available, a grant for any of the following:
(1) a water quality enhancement project;
(2) a public water supply, treatment, or distribution system;
(3) a wastewater collection, treatment, or discharge system;
(4) a solid waste processing, disposal, or resource recovery system.
(c) There is a water quality enhancement and water supply, wastewater, and solid waste systems program created in the department to carry out the purposes of this section.
(d) The department shall, by regulation, identify those costs that are eligible costs for the purposes of this section. Eligible costs do not include interest and financing and right-of-way acquisition, or costs that are related to the operation, maintenance, or repair of a system.
(e) A grant under this section to a municipality for a project funded by an appropriation made by the legislature
(1) before July 1, 1994, may not exceed 50 percent of the eligible costs of the project;
(2) after July 1, 1994, may not exceed
(A) 85 percent of the eligible costs for a municipality with a population of 1,000 persons or less;
(B) 70 percent of the eligible costs for a municipality with a population of 1,001 to 10,000 persons; and
(C) 60 percent of the eligible costs for a municipality with a population greater than 10,000 persons.
(f) [Repealed, § 14 ch 106 SLA 1994.]
(g) The match required for grants made under this section may include
(1) federal funds; or
(2) state funds, other than those funds received under this section or AS 37.06.
(h) Construction of a project for which a grant is made under this section may commence only after the department has approved in writing the plans and specifications for the project.
2023 Alaska Statutes › Title 46. Water, Air, Energy, and Environmental Conservation › Chapter 03. Environmental Conservation › Article 2. Department of Environmental Conservation. › Sec. 46.03.034. Alaska clean water administrative fund.

(a) The Alaska clean water administrative fund is established as a separate fund that is distinct from other money or funds in the treasury. The fund is composed of two accounts, the
(1) Alaska clean water administrative operating account; and
(2) Alaska clean water administrative income account.
(b) The legislature may appropriate to the Alaska clean water administrative operating account the annual balance of the Alaska clean water administrative income account.
(c) The department shall administer the Alaska clean water administrative fund.
(d) The Alaska clean water administrative operating account may be used to pay for the department's operational and administrative costs necessary to manage the Alaska clean water fund and the Alaska clean water administrative fund and for such other purposes permitted by federal law.
(e) Money received in payment of fees charged by the department under the authority of AS 46.03.035 and earnings on the Alaska clean water administrative fund shall be deposited in the Alaska clean water administrative income account.
2023 Alaska Statutes › Title 46. Water, Air, Energy, and Environmental Conservation › Chapter 03. Environmental Conservation › Article 2. Department of Environmental Conservation. › Sec. 46.03.035. Fees charged for loans made from the Alaska clean water fund.

The department may charge and collect reasonable fees in connection with making and servicing loans made by the department under the authority of AS 46.03.032. The department shall by regulation specify the rates and amounts of the fees.
2023 Alaska Statutes › Title 46. Water, Air, Energy, and Environmental Conservation › Chapter 03. Environmental Conservation › Article 2. Department of Environmental Conservation. › Sec. 46.03.038. Alaska drinking water administrative fund.

(a) The Alaska drinking water administrative fund is established as a separate fund that is distinct from other money or funds in the state treasury. The fund is composed of two accounts, the
(1) Alaska drinking water administrative operating account; and
(2) Alaska drinking water administrative income account.
(b) The legislature may appropriate to the Alaska drinking water administrative operating account the annual balance of the Alaska drinking water administrative income account.
(c) The department shall administer the Alaska drinking water administrative fund.
(d) The Alaska drinking water administrative operating account may be used to pay for the department's operational and administrative costs necessary to manage the Alaska drinking water fund and the Alaska drinking water administrative fund and for such other purposes permitted by federal law.
(e) Money received in payment of fees charged by the department under the authority of AS 46.03.039 and earnings on the Alaska drinking water administrative fund shall be deposited in the Alaska drinking water administrative income account.
2023 Alaska Statutes › Title 46. Water, Air, Energy, and Environmental Conservation › Chapter 03. Environmental Conservation › Article 2. Department of Environmental Conservation. › Sec. 46.03.039. Fees charged for loans made from the Alaska drinking water fund.

The department may charge and collect reasonable fees in connection with making and servicing loans made by the department under the authority of AS 46.03.036. The department shall by regulation specify the rates and amounts of such fees.
2023 Alaska Statutes › Title 46. Water, Air, Energy, and Environmental Conservation › Chapter 03. Environmental Conservation › Article 2. Department of Environmental Conservation. › Sec. 46.03.040. Alaska environmental plan.

(a) The department shall formulate and annually review and revise a statewide environmental plan for the management and protection of the quality of the environment and the natural resources of the state, in furtherance of the legislative policy and purposes expressed in this chapter.
(b) The department shall submit the first plan to the governor on or before January 1, 1972, and thereafter submit periodic revisions of the plan to the governor. The plan is effective upon approval by the governor and shall serve thereafter as a guide to the public, the state government and the political subdivisions of the state in the development of the environment and natural resources of the state.
(c) In formulating the plan and any revisions, the department may consult with persons, organizations, and groups, public or private, interested in or concerned with the environment of the state, and with a department, division, board, commission, or other agency of the state, with a political subdivision, or with any public authority as may be necessary to enable the department to carry out its responsibilities under this section.
2023 Alaska Statutes › Title 46. Water, Air, Energy, and Environmental Conservation › Chapter 03. Environmental Conservation › Article 3. Water Pollution Control and Waste Disposal. › Sec. 46.03.070. Pollution standards.

After public hearing, the department may adopt standards and make them public and determine what qualities and properties of water indicate a polluted condition actually or potentially deleterious, harmful, detrimental, or injurious to the public health, safety, or welfare, to terrestrial and aquatic life or their growth and propagation, or to the use of waters for domestic, commercial, industrial, agricultural, recreational, or other reasonable purposes.
2023 Alaska Statutes › Title 46. Water, Air, Energy, and Environmental Conservation › Chapter 03. Environmental Conservation › Article 3. Water Pollution Control and Waste Disposal. › Sec. 46.03.080. Quality and purity standards.

After study and public hearings held upon due notice, the department may establish standards of quality and purity or group the designated waters of the state into classes as to minimum quality and purity, or both. The department shall classify waters in accordance with considerations of best usage in the interest of the public. The department may alter and modify classifications after hearing.
2023 Alaska Statutes › Title 46. Water, Air, Energy, and Environmental Conservation › Chapter 03. Environmental Conservation › Article 3. Water Pollution Control and Waste Disposal. › Sec. 46.03.120. Termination or modification of waste management and disposal authorization.

(a) The department may terminate a permit or other authorization issued under AS 46.03.100 or may rescind a person's authority to dispose of waste in accordance with regulations adopted under AS 46.03.100(b)(3) upon 30 days' written notice if the department finds
(1) that the permit or other authorization was procured by misrepresentation of material fact or by failure of the applicant to disclose fully the facts relating to its issuance;
(2) that there has been a violation of the conditions of the permit or other authorization;
(3) that there has been a material change in the quantity or type of waste disposed of; or
(4) for a permit issued under a federally approved program under 33 U.S.C. 1342 (sec. 402, Clean Water Act), that
(A) a change in any condition of the receiving environment or the quality of discharge requires either a temporary or permanent reduction of the authorization or elimination of the authorized discharge; or
(B) the permittee had made a material misrepresentation of fact to the department relevant to the authorized activity at any time.
(b) The department may modify a permit or other authorization issued under AS 46.03.100, or may rescind a person's authority to dispose of waste in accordance with regulations adopted under AS 46.03.100(b)(3),
(1) for any of the causes for termination listed in (a) of this section;
(2) if the department finds that a material change in the quality or classification of the waters of the state has occurred; or
(3) in the case of a permit issued under a federally approved program under 33 U.S.C. 1342 (sec. 402, Clean Water Act), as provided in regulations adopted under AS 46.03.020(12).
(c) Nothing in this section limits the authority of the department to terminate or modify a permit or plan approval under other circumstances if requested to do so by the permittee or plan holder.
2023 Alaska Statutes › Title 46. Water, Air, Energy, and Environmental Conservation › Chapter 03. Environmental Conservation › Article 4. Radiation and Hazardous Waste Protection. › Sec. 46.03.250. Authority.

The department shall adopt regulations
(1) establishing standards governing the discharge of low level radioactive materials to the air, water, land, and subsurface land of the state;
(2) establishing safeguards for radioactive waste materials that do not constitute a threat to public health or safety and that may be stored or disposed of in the state; and
(3) establishing procedures for the storage and disposal of radioactive materials used in medicine, education, instruments, industrial testing, or scientific research.
2023 Alaska Statutes › Title 46. Water, Air, Energy, and Environmental Conservation › Chapter 03. Environmental Conservation › Article 4. Radiation and Hazardous Waste Protection. › Sec. 46.03.260. Use of radioactive materials.

A person who conducts an operation that results in the discharge of low level radioactive materials to the air, water, land, or subsurface land of the state shall obtain a permit from the department before commencing the discharge.
2023 Alaska Statutes › Title 46. Water, Air, Energy, and Environmental Conservation › Chapter 03. Environmental Conservation › Article 4. Radiation and Hazardous Waste Protection. › Sec. 46.03.296. Disposal of hazardous wastes.

(a) It is unlawful to dispose of hazardous wastes in the state unless
(1) the waste has been treated and disposed of in a manner that uses the maximum degree of reduction of the harmful qualities of a hazardous waste that is subject to this chapter and that the department, on a case-by-case basis, determines is achievable for the hazardous waste by application of production processes and available methods, systems, and techniques, taking into account energy, environmental, and economic impacts and other costs; and
(2) the waste is disposed of in a manner that will ensure the protection of human health, livestock, wildlife, property, and the environment.
(b) The department shall adopt regulations in accordance with AS 44.62 (Administrative Procedure Act) for the treatment, storage, and disposal of hazardous wastes to ensure the protection of human health, livestock, wildlife, property, and the environment.
2023 Alaska Statutes › Title 46. Water, Air, Energy, and Environmental Conservation › Chapter 03. Environmental Conservation › Article 4. Radiation and Hazardous Waste Protection. › Sec. 46.03.299. Hazardous waste regulations.

(a) The department shall adopt regulations under AS 44.62 (Administrative Procedure Act) for the identification and management of hazardous waste as defined by the United States Environmental Protection Agency and hazardous waste that exhibits the characteristic of toxicity, persistence, or carcinogenicity.
(b) Regulations adopted under (a) of this section must exempt from their coverage mining waste and waste associated with the exploration, development, or production of crude oil, natural gas, or geothermal energy until studies required under 42 U.S.C. 6982(f) and (m) are completed. The department, after considering the findings in the reports of these studies, may terminate or amend the exemptions.
(c) The department shall take all actions necessary to receive authorization from the administrator of the United States Environmental Protection Agency to administer and enforce a hazardous waste program in accordance with 42 U.S.C. 6901 - 6987 (Resource Conservation and Recovery Act of 1976).
(d) Regulations adopted under (a) of this section shall cover (1) hazardous waste, not otherwise exempted by law, that is generated in any month by a single generator in an amount of 220 pounds or more, and (2) acute hazardous wastes identified in 40 C.F.R. 261.33(e), not otherwise exempted by law, that are generated in any month by a single generator in an amount of 2.2 pounds or more. The department shall extend the regulations to manage smaller quantities of hazardous waste if the quantities specified in this subsection exceed the quantities regulated under the authority of 42 U.S.C. 6921 - 6934, as amended. The department may at any time extend coverage of regulations adopted under (a) of this section to small quantities of hazardous waste and acute hazardous waste.
(e) [Repealed, § 61 ch 50 SLA 1989.]
(f) [Repealed, § 4 ch 88 SLA 1990.]
2023 Alaska Statutes › Title 46. Water, Air, Energy, and Environmental Conservation › Chapter 03. Environmental Conservation › Article 4. Radiation and Hazardous Waste Protection. › Sec. 46.03.302. Hazardous waste permit.

(a) A person may not treat, transport, store, or dispose of a hazardous waste as defined by the department by regulation unless that person first secures a permit from the department and submits to the department any reports or manifests that the department may require for handling the hazardous wastes.
(b) A person who generates hazardous waste is not required to obtain a permit under (a) of this section unless the person also treats, transports, stores, or disposes of the hazardous waste.
2023 Alaska Statutes › Title 46. Water, Air, Energy, and Environmental Conservation › Chapter 03. Environmental Conservation › Article 4. Radiation and Hazardous Waste Protection. › Sec. 46.03.308. Transportation of hazardous waste.

(a) Hazardous waste may not be transported in the state unless the waste is accompanied by the uniform hazardous waste manifest required under 42 U.S.C. 6922 - 6923 or other applicable federal law.
(b) [Repealed, § 15 ch 71 SLA 1997.]
2023 Alaska Statutes › Title 46. Water, Air, Energy, and Environmental Conservation › Chapter 03. Environmental Conservation › Article 4. Radiation and Hazardous Waste Protection. › Sec. 46.03.309. Temporary collection of hazardous waste.

The department shall provide for the temporary collection of hazardous waste to be prepared for shipment to a federally approved hazardous waste disposal site. The department shall establish four periods in each calendar year during which it shall collect hazardous waste. A collection point may accept hazardous waste only from small quantity generators and household generators as defined by the United States Environmental Protection Agency.
2023 Alaska Statutes › Title 46. Water, Air, Energy, and Environmental Conservation › Chapter 03. Environmental Conservation › Article 4. Radiation and Hazardous Waste Protection. › Sec. 46.03.311. Public records.

(a) Permits, permit applications, records, reports, and information and documentation obtained under AS 46.03.302 - 46.03.308 are available to the public for inspection and copying. However, upon a showing satisfactory to the commissioner that a record, report, permit, application, or information would, if made public, divulge methods or processes entitled to protection as trade secrets, the commissioner shall treat the record, report, permit, application, or information as confidential.
(b) Information that is confidential may be transmitted under a continuing restriction of confidentiality to other officers, employees, or authorized representatives of the state or of the United States if
(1) the person responsible for furnishing the record, report, permit, application, or information to which the information pertains is informed at least two weeks before the transmittal; and
(2) the information has been acquired by the department under the provisions of AS 46.03.296 - 46.03.311.
(c) This section does not limit the department's authority to release confidential information during emergency situations.
2023 Alaska Statutes › Title 46. Water, Air, Energy, and Environmental Conservation › Chapter 03. Environmental Conservation › Article 4. Radiation and Hazardous Waste Protection. › Sec. 46.03.313. Hazardous waste management facilities and sites.

(a) The department shall evaluate and select potential sites for hazardous waste management facilities in the state. In evaluating and selecting sites for management facilities, the department shall consider at least the following factors:
(1) economic feasibility, including proximity to concentrations of generators of the types of hazardous waste likely to be proposed and permitted for management;
(2) intrinsic suitability of the sites;
(3) federal and state pollution control and environmental protection regulations;
(4) the risk and effect for local residents, units of government, and the local public health, safety, and welfare, including such dangers as an accidental release of waste during transportation to a facility or at a facility, water, air, and land pollution, and fire or explosion;
(5) the consistency of a facility with, and its effect on, existing and planned local land use and development; local laws, ordinances, and permits; and local public facilities and services; and
(6) the adverse effects of a facility at the site on agriculture and natural resources and opportunities to mitigate or eliminate the adverse effects by stipulations, conditions, and requirements relating to the design and operation of a management facility at the proposed site.
(b) The department shall adopt regulations that
(1) interpret and clarify the factors listed in (a) of this section; and
(2) establish procedures for processing, reviewing, and approving or disapproving applications for the siting and operation of privately owned hazardous waste management facilities.
(c) The department may authorize the siting and operation of privately owned hazardous waste management facilities in accordance with factors and requirements established under this section.
(d) The department shall hold public hearings in each house district in which a hazardous waste management facility site is proposed to be located. The department shall give reasonable public notice of the time, date, and place of each public hearing at least 30 days before the hearing. The public shall be afforded an opportunity at each hearing to submit written and oral testimony concerning a potential site.
(e) In this section, “intrinsic suitability” of a site means that, based on existing data on the inherent and natural attributes, physical features, and location of the site, there is no known reason why a waste management facility that may be located in the site could not reasonably be expected to qualify for a permit under AS 46.03.302.
2023 Alaska Statutes › Title 46. Water, Air, Energy, and Environmental Conservation › Chapter 03. Environmental Conservation › Article 4. Radiation and Hazardous Waste Protection. › Sec. 46.03.317. Hazardous waste reduction matching grants.

(a) A hazardous waste reduction grant account is established in the general fund. It consists of appropriations made to it.
(b) The department may issue matching grants from money in the account to businesses, local governments, industry trade associations, labor organizations, or nonprofit organizations for the purpose of feasibility analysis and evaluation of ways to implement hazardous waste reduction.
(c) Grants under this section
(1) must be matched on a dollar-for-dollar basis by the grantee in cash or in kind;
(2) may not exceed $10,000 for any single proposal or project.
(d) The department shall establish an advisory committee, consisting of five members, to assist the department in reviewing and evaluating grant applications under this section. The advisory committee must include
(1) an officer or employee of the department;
(2) a representative of the University of Alaska;
(3) a professional civil or chemical engineer with experience in environmental engineering;
(4) an owner or representative of a small business; and
(5) a public member.
2023 Alaska Statutes › Title 46. Water, Air, Energy, and Environmental Conservation › Chapter 03. Environmental Conservation › Article 5. Pesticide Control. › Sec. 46.03.320. Regulation of pesticides and broadcast chemicals.

(a) The department may
(1) regulate the transportation, testing, inspection, packaging, labeling, handling, and advertising of pesticides and broadcast chemicals offered for sale or placed in commerce for use in the state;
(2) regulate and supervise the distribution, application, or use of pesticides and broadcast chemicals in any state project or program or by a public agency under the jurisdiction of the state;
(3) regulate or prohibit the use of pesticides and broadcast chemicals;
(4) register pesticides and broadcast chemicals for sale or distribution.
(b) The department may provide by regulation for the licensing of or temporary license waiver for private applicators of restricted-use pesticides, for persons engaged in the custom, commercial, or contract spraying or application of pesticides and broadcast chemicals, and for other persons engaged in the spraying or application of pesticides and broadcast chemicals in public places. A person engaged in the custom, commercial, or contract spraying or application of pesticides and broadcast chemicals may, by regulation, be required to secure a surety bond or liability insurance.
(c) A person may not apply a pesticide or broadcast chemical in a public place unless licensed by the department or otherwise authorized under a regulation of the department. The department shall by regulation provide for reasonable public notification, including written notice posted on the application site, when pesticides and broadcast chemicals are applied in a public place. In this subsection, “public place” means (1) common areas of an apartment building or other multi-family dwelling; (2) that portion of a government office or facility to which access is not ordinarily restricted to employees; and (3) plazas, parks, and public sports fields.
(d) In this section, “multi-family dwelling” means a building that includes more than four single-family dwellings.
2023 Alaska Statutes › Title 46. Water, Air, Energy, and Environmental Conservation › Chapter 03. Environmental Conservation › Article 5. Pesticide Control. › Sec. 46.03.330. Public pesticide programs.

(a) An officer, agent, or employee of the state, or of a borough or city of any class, may not direct, carry out, or participate in the spraying or application of a pesticide or broadcast chemical in any program or project involving funds, materials, or equipment of the state, borough, or city, except in accordance with regulations adopted by the department under AS 46.03.320.
(b) Before a public project that would affect land owned separately by two or more persons is initiated, the person directing the program shall give public notice of the program in the manner required by regulations of the department. The department shall conduct a public hearing on the proposed program if a hearing is requested by the governing body of the affected borough or city, or by a petition signed by at least 50 residents. The requirement for public notice or public hearing may be waived if the commissioner determines that a public emergency exists.
(c) The provisions of this section apply to home rule municipalities.
2023 Alaska Statutes › Title 46. Water, Air, Energy, and Environmental Conservation › Chapter 03. Environmental Conservation › Article 6. Underground Storage Tank Systems. › Sec. 46.03.365. Regulation of underground petroleum storage tank systems.

(a) The department shall develop a program to abate and prevent pollution from underground petroleum storage tank systems through the adoption of regulations under AS 44.62 (Administrative Procedure Act). Consistent with other provisions in AS 46.03.365 - 46.03.450, the regulations may govern
(1) notification and registration;
(2) inspection and record keeping;
(3) construction, installation, and performance;
(4) maintenance, operation, and repair;
(5) technical standards, including standards for spill and overfill control, corrosion prevention, and release detection and reporting;
(6) financial responsibility;
(7) certification of underground petroleum storage tank system workers;
(8) corrective action and cost recovery;
(9) closure and abandonment;
(10) enforcement of regulations; and
(11) prevention of releases to protect the public health and environment.
(b) In the regulations adopted under (a) of this section, the department may
(1) distinguish among the sizes, types, classes, locations, and ages of underground petroleum storage tank systems;
(2) provide for exemptions and deferrals determined to be necessary by the department; exemptions and deferrals under this paragraph must be consistent with those granted under federal laws and regulations.
(c) When the regulations adopted under this section address areas governed by federal laws or regulations, the state regulations must be consistent with federal laws and regulations and may not be more stringent than the federal laws and regulations.
(d) [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. 46.03.370. Educational assistance.

The department shall provide
(1) educational assistance to owners and operators of underground petroleum storage tank systems to help them comply with federal and state laws and regulations applicable to the tank systems, including the registration and notification requirements under AS 46.03.380 - 46.03.400;
(2) the public with information to help the public understand the effects associated with the release of petroleum and chemical products into the environment, including releases from petroleum and chemical storage tank systems.
2023 Alaska Statutes › Title 46. Water, Air, Energy, and Environmental Conservation › Chapter 03. Environmental Conservation › Article 6. Underground Storage Tank Systems. › Sec. 46.03.375. Certification of storage tank workers.

(a) The department shall adopt regulations governing the certification of persons who install, test, close, repair, or significantly change the configuration of underground petroleum storage tanks and tank systems. The certification program shall be administered by the Department of Commerce, Community, and Economic Development. In consultation with the Department of Environmental Conservation, the Department of Commerce, Community, and Economic Development shall make every reasonable attempt to ensure that opportunities for obtaining certification under this section are available throughout the state. The Department of Commerce, Community, and Economic Development shall organize presentation of national training courses that are available in the state and assist residents of isolated communities who request assistance in becoming certified. The Department of Commerce, Community, and Economic Development may contract with the University of Alaska, a vocational technical school, or a regional nonprofit organization to provide the education and testing necessary for certification.
(b) The Department of Commerce, Community, and Economic Development shall establish fees applicable to certification under this section in an amount necessary to cover the costs of the certification program. The fees shall be collected by the Department of Commerce, Community, and Economic Development.
(c) Except as provided in (d) of this section, a person may not install, test, close, repair, or significantly change the configuration of an underground petroleum storage tank or tank system unless that person is certified for the appropriate activity under (a) of this section. A person who violates this subsection is guilty of a class B misdemeanor.
(d) A person may install, test, close, repair, or significantly change the configuration of an underground petroleum storage tank or tank system without being certified under this section if
(1) the person performs the work under the direct supervision of another who is certified for that work under this section;
(2) the supervisor inspects the work performed; and
(3) after inspection, the supervisor approves the work in writing.
(e) AS 44.62 (Administrative Procedure Act) applies to regulations and certifications under this section.
(f) The department shall develop and maintain lists of persons certified under this section to perform the various activities related to underground petroleum storage tanks and tank systems. The department shall provide the lists on request to interested persons.
(g) In this section, “close” means to remove petroleum and sludges from the tanks in the tank system and either fill the tanks with inert solid material or remove, dismantle, and dispose of the tanks.
2023 Alaska Statutes › Title 46. Water, Air, Energy, and Environmental Conservation › Chapter 03. Environmental Conservation › Article 6. Underground Storage Tank Systems. › Sec. 46.03.380. Registration of tanks and tank systems.

(a) A person, including a governmental entity or institution, or a public corporation, who intends to install, have installed, return to operation, or acquire ownership of an underground petroleum storage tank or tank system shall, before the installation or return to operation, or 30 days after acquisition, register the tank or tank system with the department on a form provided by the department and pay the tank registration fee required under AS 46.03.385.
(b) The owner or operator of an underground petroleum storage tank or tank system that was installed before and is still in use on September 5, 1990, shall register the tank or tank system with the department on a form provided by the department and pay the tank registration fee required under AS 46.03.385. For each tank or tank system registered under this subsection that was installed before December 22, 1988, the owner or operator shall provide to the department at the time of registration
(1) proof of plans for prompt site assessment or testing for tank tightness;
(2) proof of tank tightness testing or site assessment that occurred within the previous 12 months and
(A) satisfactory performance of the tank or tank system during the test, proof of noncontamination if a site assessment was performed, and proof of compliance with applicable state financial responsibility requirements; or
(B) if the tank or tank system did not perform satisfactorily during the test, or the site assessment showed evidence of contamination, a summary of the upgrading, repair, containment, or cleanup efforts that have been or will be used for the tank, tank system, or site.