reglab/statecodes huggingface dataset:
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. 46.04.320. Recording of environmental covenant.

(a) An environmental covenant and an amendment or termination of the environmental covenant must be recorded in every recording district in which any portion of the real property subject to the environmental covenant is located. For purposes of indexing, a holder shall be treated as a grantee.
(b) An owner of land may not record an environmental covenant unless the owner simultaneously records any subordination documentation required under AS 46.04.300(e).
(c) Except as otherwise provided in AS 46.04.325(f), an environmental covenant is subject to state law governing recording and priority of interests in real property.
(d) A holder shall provide a copy of the final recorded environmental covenant, an amendment made to the environmental covenant, termination documentation, and documentation of other matters related to the environmental covenant to the department.
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. 46.04.330. Amendment or termination of environmental covenant by consent.

(a) An environmental covenant may be amended or terminated if the amendment or termination is consented to and signed
(1) by the department;
(2) unless waived by the department, by the current owner of the fee simple of the real property subject to the environmental covenant;
(3) by each person that originally signed the environmental covenant, unless the person
(A) waived the right to consent to termination or modification in the environmental covenant or in another signed and acknowledged instrument recorded with the recording district;
(B) fails to object to the amendment or termination within 60 days after a party to the covenant mails, by certified mail, return receipt requested, to the person's last known address, a notice requesting the person's consent to amendment or termination and the return receipt is signed by the person; or
(C) cannot be found, as determined by a court, because the person no longer exists or cannot be located or identified with the exercise of reasonable diligence; and
(4) except as otherwise provided in (d)(2) of this section, by the holder.
(b) If an interest in real property is subject to an environmental covenant, the interest is not affected by an amendment of the environmental covenant unless the current owner of the interest consents to the amendment or has waived in a signed record the right to consent to amendments.
(c) Except for an assignment undertaken under a governmental reorganization, assignment of an environmental covenant to a new holder is an amendment.
(d) Except as otherwise provided in an environmental covenant,
(1) a holder may not assign its interest without consent of the other parties specified in (a) of this section;
(2) a holder may be removed and replaced by agreement of the other parties specified in (a) of this section; and
(3) a court of competent jurisdiction may fill a vacant holder position.
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. 46.04.335. Enforcement of environmental covenant.

(a) The department is the administrating agency for AS 46.04.300 - 46.04.390 and is empowered to administer and enforce AS 46.04.300 - 46.04.390 using the civil or administrative authority granted to it in AS 46.03. However, the department may, but is not required to, assume any administration or enforcement functions other than those directly related to the environmental covenant.
(b) A civil action for injunctive or other equitable relief for violation of an environmental covenant may be maintained by
(1) a party to the environmental covenant;
(2) the department;
(3) a person that the environmental covenant expressly grants the power to enforce the environmental covenant;
(4) a person whose interest in the real property or whose collateral or liability may be affected by the alleged violation of the environmental covenant; or
(5) a municipality or other unit of government that governs the real property subject to the environmental covenant.
(c) AS 46.04.300 - 46.04.390 do not limit the regulatory authority of the department in an environmental response project.
(d) A person is not responsible for or subject to liability for environmental remediation solely because the person has the right to enforce an 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. 46.04.345. Relationship to other land-use law.

AS 46.04.300 - 46.04.390 do not authorize a use of real property that is otherwise prohibited under AS 29.40 or AS 38.05.037, by law other than AS 46.04.300 - 46.04.390 regulating use of real property, or by a recorded instrument that has priority over the environmental covenant or a notice of activity and use limitation. An environmental covenant or a notice of activity and use limitation may prohibit or restrict uses of real property that are authorized by zoning or by law other than AS 46.04.300 - 46.04.390.
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. 46.04.350. Registry.

The department shall maintain a registry that contains all environmental covenants and notices of activity and use limitation and any amendment or termination of those instruments. The registry may also contain any other information concerning environmental covenants and notices of activity and use limitation and the real property subject to them that the department considers appropriate.
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. 46.04.355. Uniformity of application and construction.

In applying and construing AS 46.04.300 - 46.04.390, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact similar provisions.
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. 46.04.390. Definitions.

In AS 46.04.300 - 46.04.390,
(1) “common interest community” means a condominium, cooperative, or other real property with respect to which a person, by virtue of the person's ownership of a parcel of real property, is obligated to pay property taxes or insurance premiums, or pay for maintenance, or improvement of other real property described in a recorded environmental covenant that creates the common interest community;
(2) “environmental covenant” means a servitude arising under an environmental response project that imposes activity and use limitations;
(3) “environmental response project” means a plan or work performed or maintenance of work performed under a federal or state program
(A) including this chapter, AS 46.03, AS 46.09, 42 U.S.C. 9601 - 9675 (Comprehensive Environmental Response, Compensation and Liability Act of 1980), as amended, and 42 U.S.C. 6901 - 6992k (Resource Conservation and Recovery Act of 1976), as amended, governing environmental remediation and management of contaminated real property; or
(B) governing maintenance, closure, or corrective action of a solid waste disposal facility or hazardous waste management unit;
(4) “holder” means the grantee of an environmental covenant as specified in AS 46.04.300(b);
(5) “notice of activity and use limitation” means a notice of a restriction on or obligation concerning an activity on or use of real property, in accordance with AS 46.04.300 - 46.04.390;
(6) “record” has the meaning given in AS 40.17.900.
2023 Alaska Statutes › Title 46. Water, Air, Energy, and Environmental Conservation › Chapter 04. Oil and Hazardous Substance Pollution Control › Article 4. General Provisions. › Sec. 46.04.890. Applicability of Administrative Procedure Act.

Notwithstanding AS 44.62.330(a)(28), 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 06. Recycling and Reduction of Litter › Sec. 46.06.010. Powers of the department.

The department shall
(1) serve as the coordinating agency among public and private organizations in the state that are involved in the control, reduction, and recycling of litter;
(2) assist local governments in the adoption and amendment of ordinances relating to the control, reduction, and recycling of litter;
(3) promote voluntary local programs and information campaigns that encourage the public to refrain from littering and to participate in efforts to clean up and recycle litter;
(4) inform the public of, and encourage the public to comply with, the provisions of this chapter and regulations adopted under this chapter;
(5) encourage federal, state, and local agencies to assist programs for the recycling of litter by allowing the use of publicly owned land, buildings, or equipment for those programs whenever possible;
(6) apply for, receive, and expend grants, loans, and other monetary and nonmonetary assistance for use in programs established under this chapter;
(7) determine the types of materials or energy that may be profitably recovered from litter, and adopt regulations under AS 44.62 (Administrative Procedure Act) that require the recovery of the materials or energy;
(8) adopt other regulations under AS 44.62 (Administrative Procedure Act) necessary to implement this chapter.
2023 Alaska Statutes › Title 46. Water, Air, Energy, and Environmental Conservation › Chapter 06. Recycling and Reduction of Litter › Sec. 46.06.021. Solid and hazardous waste management practices.

In order to minimize present and future threats to human health and the environment in the state, the department shall promote the following solid and hazardous waste management practices in the following order of priority:
(1) waste source reduction;
(2) recycling of waste;
(3) waste treatment; and
(4) waste disposal.
2023 Alaska Statutes › Title 46. Water, Air, Energy, and Environmental Conservation › Chapter 06. Recycling and Reduction of Litter › Sec. 46.06.041. Community solid waste management planning grants.

(a) A community solid waste management planning 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 a municipality, to an unincorporated community, to an organization representing two or more municipalities or unincorporated communities within a region, to a nonprofit organization, coastal resources service area, or regional health corporation for the purpose of a community solid waste management plan.
(c) In its award of a grant under this section, the department shall consider the severity of environmental or public health concerns relating to existing solid waste management practices. The department may consider the extent to which the proposed planning effort will meet the needs of more than one community, the extent to which there is clear evidence of local support for the planning effort, and the number of individuals who will benefit from the planning effort.
(d) The department shall establish guidelines for the preparation of plans funded under this section to achieve the practices and priorities established under AS 46.06.021.
(e) A grant 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 $50,000 for a single proposal or project.
(f) The department may waive the match required under (e) of this section on a showing satisfactory to the commissioner by the prospective applicant that matching funds are not available.
2023 Alaska Statutes › Title 46. Water, Air, Energy, and Environmental Conservation › Chapter 06. Recycling and Reduction of Litter › Sec. 46.06.060. Litter bags.

The department may design and have produced a litter bag bearing the state anti-litter symbol and a statement of the penalties for littering in the state. The department may make litter bags available for this purpose to the administrative component of the Department of Administration that administers motor vehicle and driver's license laws. That component may distribute one litter bag to each person who applies for registration or reregistration of a motor vehicle and shall notify the person of the person's responsibilities under the law. The department may make litter bags available to all vehicle and vessel operators entering the state. The commissioner shall designate distribution points for the broadest possible distribution of litter bags to persons entering the state by vehicle or vessel.
2023 Alaska Statutes › Title 46. Water, Air, Energy, and Environmental Conservation › Chapter 06. Recycling and Reduction of Litter › Sec. 46.06.070. Litter patrol.

(a) The department may establish a youth litter patrol program for the employment of young people on a seasonal basis. The department shall cooperate with federal, state, or municipal programs that either employ young people or encourage their employment. The department may contract with other state agencies to provide administration and other support for the youth litter patrol established by this section.
(b) [Repealed, § 6 ch 37 SLA 1987.]
2023 Alaska Statutes › Title 46. Water, Air, Energy, and Environmental Conservation › Chapter 06. Recycling and Reduction of Litter › Sec. 46.06.080. Littering prohibited.

(a) A person may not throw, drop, deposit, discard, or otherwise dispose of litter from a vehicle or otherwise, on public or private property in the state or in waters in the state or under state jurisdiction unless
(1) the property is designated by a state agency or municipality as a site for the sanitary disposal of garbage or refuse, and the person is authorized to use the site for that purpose; or
(2) litter is placed in a litter receptacle so that the litter is prevented from being carried away or deposited by the elements upon public or private property or water in the state or under state jurisdiction.
(b) A vehicle may not be driven or moved on a public highway or right-of-way unless it is constructed, loaded, or covered to prevent its load from dropping, sifting, leaking, or otherwise escaping from the vehicle. This subsection does not apply to a vehicle used (1) to deposit salt or sand to secure traction, (2) by a public agency to clean or maintain highways, or (3) to transport agricultural, mining, or timber products. A person who operates a vehicle from which an object has fallen or escaped that obstructs or endangers travel upon a public highway or right-of-way shall immediately remove the object at the person's own expense or pay the cost of removal incurred by the state or by another person.
(c) A person who violates this section is guilty of a violation, and may be sentenced to pay a fine of not more than $1,000. In addition, the court may order the person to gather and dispose of litter in an area and for a length of time determined by the court.
(d) A peace officer shall issue a citation as provided in AS 12.25.175 - 12.25.230 to a person who violates this section. If a citation is for a minor littering violation and the person does not contest the charge, the person to whom the citation is issued may, on or before the 30th day after the date of the citation, mail or personally deliver to the clerk of the court in which the citation is filed
(1) a fine of $50; and
(2) a copy of the citation indicating that the right to an appearance is waived and a plea of no contest is entered.
(e) If a $50 fine has been paid under (d) of this section, then the court shall enter a judgment of conviction. Payment of the fine is a complete satisfaction for the violation.
(f) A person cited under this section is guilty of failure to obey a citation under AS 12.25.230 if the person fails to pay the fine or to appear in court as required.
(g) Notwithstanding other provisions of law, if a person cited for a minor littering violation under this section appears in court and is found guilty, the penalty that is imposed for the violation may not exceed $50.
(h) In this section, “a minor littering violation” means a violation of (a) or (b) of this section involving littering having an aggregate weight of five pounds or less.
2023 Alaska Statutes › Title 46. Water, Air, Energy, and Environmental Conservation › Chapter 06. Recycling and Reduction of Litter › Sec. 46.06.090. Prohibited beverage containers; packaging requirements.

(a) A person may not sell or offer to sell a nonglass beverage container that is designed and constructed so that the container is opened by detaching a metal ring or tab. This section does not apply to a beverage container that is opened by a detachable piece of tape, foil, or other soft material.
(b) A person may not sell or offer to sell in this state beverage containers that are held together by plastic rings or similar plastic devices unless the rings or devices are degradable and bear a distinguishing mark furnished to the department by the manufacturer. The department may require test data that shows that the plastic rings or plastic devices meet or exceed the department's standards of degradability.
(c) A person who violates this section is guilty of a violation. Each sale or offer to sell is a separate offense.
2023 Alaska Statutes › Title 46. Water, Air, Energy, and Environmental Conservation › Chapter 06. Recycling and Reduction of Litter › Sec. 46.06.095. Coding required.

(a) A person may not manufacture, sell, or offer to sell a plastic bottle or a rigid plastic container unless a code that identifies the type of resin used to produce the bottle or container and that complies with (b) of this section is molded into or imprinted on or near the bottom of the bottle or container.
(b) The department shall establish by regulation the content and design for the code required under (a) of this section. The regulations and further amendments to those regulations shall be consistent with applicable federal requirements concerning plastic product labeling. Prior to the establishment of any applicable federal requirements concerning plastic product labeling, the department shall use the codification system designed by the Society of the Plastics Industry, Inc., including the following features:
(1) a code number placed within an equilateral triangle of arrows, and code letters placed below the triangle of arrows, in which
(A) the triangle is formed by three arrows with the apex of the point of each triangle at the midpoint of each arrow, rounded with a short radius;
(B) the arrowhead of each arrow is at the midpoint of each side of the triangle with a short gap separating the arrowhead from the base of the adjacent arrow; and
(C) the triangle formed by the arrows depicts a clockwise path around the number;
(2) the following code numbers and letters to be used in (1) of this subsection to identify types of resin:
(A) 1 and PETE, representing polyethylene terephthalate;
(B) 2 and HDPE, representing high density polyethylene;
(C) 3 and V, representing vinyl;
(D) 4 and LDPE, representing low density polyethylene;
(E) 5 and PP, representing polypropylene;
(F) 6 and PS, representing polystyrene; and
(G) 7 and OTHER, representing all other plastic resins.
(c) The department shall maintain a list of the codes established under (b) of this section and provide a copy of the list upon request.
(d) A person who violates (a) of this section is subject to a civil penalty of $50 for each violation. Penalties imposed under this subsection for a series of related violations by the same person may not exceed $500. The superior court may enjoin a person from violating (a) of this section.
(e) In this section,
(1) “plastic” means a material made of polymeric organic compounds and additives that can be shaped by flow;
(2) “plastic bottle” means a plastic container that is intended for single use and that
(A) has a neck smaller than the body of the container;
(B) accepts a screw-top, snap-cap, or other closure; and
(C) has a capacity of not less than 16 fluid ounces or more than five gallons;
(3) “rigid plastic container” means a formed or molded container that is intended for single use, that is composed predominately of plastic resin, and that has a relatively inflexible finite shape or form having a capacity of not less than eight ounces or more than five gallons; “rigid plastic container” does not include a plastic bottle.
2023 Alaska Statutes › Title 46. Water, Air, Energy, and Environmental Conservation › Chapter 06. Recycling and Reduction of Litter › Sec. 46.06.100. Notice to public.

The penalties imposed for littering shall be posted along the public highways of the state, at visitor centers, at entrances to state parks and recreational areas, at public beaches, and other publicly owned public places the commissioner determines necessary to accomplish the purposes of this chapter. The state agency or municipality responsible for litter removal from a public place shall post the notice required by this section.
2023 Alaska Statutes › Title 46. Water, Air, Energy, and Environmental Conservation › Chapter 06. Recycling and Reduction of Litter › Sec. 46.06.110. Enforcement authority.

(a) The following persons are authorized to enforce the provisions of this chapter:
(1) a state employee authorized by the commissioner; and
(2) a peace officer.
(b) The department shall prescribe a citation form, which shall be used by all peace officers and persons in the state who are authorized to enforce the provisions of this chapter. The citation form must meet the requirements of AS 12.25.175 - 12.25.230.
2023 Alaska Statutes › Title 46. Water, Air, Energy, and Environmental Conservation › Chapter 06. Recycling and Reduction of Litter › Sec. 46.06.120. Grants.

The department may make grants to state agencies, to municipalities, and to private organizations including nonprofit organizations for the establishment and operation of programs authorized under this chapter. A grant under this section may not exceed 18 months. A program qualifying for a grant under this section may include
(1) courses of instruction at, or the distribution of informative materials to, elementary and secondary schools;
(2) purchase and erection of roadside signs;
(3) organization and operation of litter removal activities conducted by municipalities, private organizations or service groups using volunteer help;
(4) a public information program to inform the public concerning the reduction of litter using the media including use of the electronic media;
(5) expansion of existing, and planning, design, and construction of new, facilities for the recovery of materials and energy from litter;
(6) research and evaluation of markets for the materials and energy recovered from litter;
(7) advice and assistance, including information and consultation on available technology, operating procedures, organizational arrangements, markets for materials or energy obtained from litter, transportation alternatives, and publicity techniques;
(8) surveys by public agencies or recognized research organizations to assess the amount and composition of litter, and rates of littering;
(9) the purchase of litter receptacles;
(10) the creation or expansion of litter law enforcement programs;
(11) the initial purchase or lease of recycling equipment, the cost of operating that equipment, and the cost of storing and transporting materials before and after those materials are recycled.
2023 Alaska Statutes › Title 46. Water, Air, Energy, and Environmental Conservation › Chapter 06. Recycling and Reduction of Litter › Sec. 46.06.130. Conditions for grants.

(a) The department shall adopt regulations under AS 44.62 (Administrative Procedure Act) that establish
(1) eligibility requirements for applicants for a grant under AS 46.06.120;
(2) standards for the evaluation of proposals submitted by applicants for grants under AS 46.06.120; and
(3) other conditions for the receipt of a grant under AS 46.06.120 that are necessary to achieve the purposes of this chapter.
(b) The regulations adopted by the department under (a) of this section must meet the following criteria:
(1) if there is not enough money for grants to all eligible applicants, the following shall receive priority:
(A) a proposed program or project that most efficiently recovers materials or energy from litter;
(B) the proposed program or project that creates the greatest number of new jobs;
(2) the maximum amount for a single grant shall be established so that available money is distributed to a variety of programs;
(3) a grant may be made for new programs or for improvements to or additions to existing programs that were not previously financed by other existing resources of financing.
2023 Alaska Statutes › Title 46. Water, Air, Energy, and Environmental Conservation › Chapter 06. Recycling and Reduction of Litter › Sec. 46.06.140. Federal requirements.

If a federal department or agency issues a formal ruling that a section of this chapter will prevent the state from receiving federal financial participation in a program or activity established under this chapter, the section does not apply to the extent that it causes the program or activity to lose federal funding.
2023 Alaska Statutes › Title 46. Water, Air, Energy, and Environmental Conservation › Chapter 06. Recycling and Reduction of Litter › Sec. 46.06.150. Definitions.

In this chapter,
(1) “beverage container” means the individual, separate, sealed glass, metal or plastic bottle, can, jar or carton containing beer or other malt beverages or carbonated soft drinks, in liquid form;
(2) “commissioner” means the commissioner of environmental conservation;
(3) “degradable” means a characteristic of a material that allows the material to be broken down by biological, chemical, photochemical, or other physical processes
(A) within two years upon exposure to natural elements; and
(B) to a particle size and chemical composition that may be assimilated harmlessly and aesthetically into the environment without producing a residue or by-product determined by the department to be hazardous;
(4) “department” means the Department of Environmental Conservation;
(5) “litter” means all waste material including disposable packages or containers disposed of in a manner prohibited by AS 46.06.080, but does not include the wastes of the primary processes of mining or other extraction process, logging, sawmilling, farming, or manufacturing;
(6) “litter bag” means a bag, sack, or other container made of any material which is large enough and suitable to serve as a receptacle for litter inside a vehicle or vessel;
(7) “public place” means public or private property that is used or held out for use by the public, whether owned or operated by public or private interests, including but not limited to highways or other roads upon which vehicles are moved, parks, campgrounds, trailer parks, drive-in and fast food restaurants, gasoline service stations, marinas, boat launching areas, boat moorage and fueling stations, public and private piers, beaches, bathing areas, school grounds, sporting event sites with seating capacity for more than 200 spectators, business district sidewalks, parking lots for taverns, shopping centers and grocery stores, and other parking lots if they have a capacity for more than 50 vehicles;
(8) “vehicle” means a mechanically driven device of any kind that is used for the transportation of a person or property on a public highway, trail, or path;
(9) “vessel” means all descriptions of watercraft used or capable of being used as a means of transportation on the water.
2023 Alaska Statutes › Title 46. Water, Air, Energy, and Environmental Conservation › Chapter 07. Village Safe Water Act › Sec. 46.07.020. Provision of facilities.

The commissioner shall institute and carry out a program to provide for the installation of safe water and hygienic sewage disposal facilities in villages in the state that are necessary to assure that there will be at least one facility for safe water and hygienic sewage disposal in each village.
2023 Alaska Statutes › Title 46. Water, Air, Energy, and Environmental Conservation › Chapter 07. Village Safe Water Act › Sec. 46.07.030. Nature and location of facilities.

(a) A facility constructed under authority of this chapter shall be available for use by the public and shall be designed to assure year-round use. The facility shall include, at a minimum, a source of clean water, such as a well with pumping facilities or utilization of surface water treated so it is safe and healthful for use, shower bath facilities, an adequate means of hygienic sewage disposal, and facilities for the washing of clothes. The building housing the facility shall also contain, if the commissioner determines it to be feasible and appropriate, suitable quarters to be used as a community health service office.
(b) The location of a facility constructed under this chapter shall be determined by the commissioner after consultation with the governing body of the village in which the facility is located, as well as with appropriate public agencies. The aim of the consultation is to achieve maximum coordination in public development plans and activities affecting the community in which the facility is to serve.
2023 Alaska Statutes › Title 46. Water, Air, Energy, and Environmental Conservation › Chapter 07. Village Safe Water Act › Sec. 46.07.040. Construction of facilities.

(a) The commissioner shall provide for the construction of facilities under this chapter, and is authorized to provide for the construction by contract or through grants to public agencies or private nonprofit organizations, or otherwise. A contribution toward the cost of the construction of a facility may not be required from its users. Construction under this section by contract is governed by AS 36.30 (State Procurement Code).
(b) In the construction of a facility under this chapter, workers from the village in which the facility is being constructed shall be utilized to the maximum extent feasible.
(c) In (a) of this section, “cost of the construction of a facility” includes, in addition to costs directly related to the project, the sum total of all costs of financing and carrying out the project. These include, but are not limited to, the costs of all necessary studies, surveys, plans and specifications, architectural, engineering, or other special services, acquisition of real property, site preparation and development, purchase, construction, reconstruction, and improvement of real property, and the acquisition of machinery and equipment as may be necessary in connection with the project; an allocable portion of the administrative and operating expenses of the grantee; the cost of financing the project, including interest on bonds issued to finance the project; and the cost of other items, including any indemnity and surety bonds and premiums on insurance, legal fees, fees and expenses of trustees, depositaries, financial advisors, and paying agents for the bonds issued as the issuer considers necessary.
2023 Alaska Statutes › Title 46. Water, Air, Energy, and Environmental Conservation › Chapter 07. Village Safe Water Act › Sec. 46.07.050. Operation of facilities.

(a) It is the responsibility of the village governing body to maintain and operate the safe water and hygienic sewage disposal facility, and upon completion of the facility the commissioner shall execute the necessary transfers of title to vest complete ownership of the facility in the governing body. The commissioner may not construct a facility without first receiving satisfactory assurances from the village governing body that it will, upon completion of a facility, accept ownership and responsibility for the operation and maintenance of the facility.
(b) Whenever the commissioner determines that the village governing body does not have sufficient financial resources to operate and maintain the facility, the commissioner may make grants to the governing body in amounts which, when combined with other financial assistance available to it, will enable the governing body to operate and maintain the facility.
(c) When necessary, the commissioner may require the creation of a nonprofit corporation in the village and shall contract with this corporation in order to carry out the purpose of this chapter. The contract must provide that when an unincorporated community, which for purposes of this chapter is under contract to the state, subsequently is incorporated, then the contract terminates at the time of incorporation and the governing body of the newly incorporated city assumes the powers and duties set out in this chapter for the governing bodies of other incorporated cities.
2023 Alaska Statutes › Title 46. Water, Air, Energy, and Environmental Conservation › Chapter 07. Village Safe Water Act › Sec. 46.07.060. Educational and informational program.

The commissioner shall conduct, in each village where there is located a safe water and hygienic sewage disposal facility, an appropriate educational and informational program designed to familiarize the residents of the village as to the health advantages to be achieved by the utilization of the facility.
2023 Alaska Statutes › Title 46. Water, Air, Energy, and Environmental Conservation › Chapter 07. Village Safe Water Act › Sec. 46.07.080. Definitions.

In this chapter,
(1) “commissioner” means the commissioner of environmental conservation;
(2) “village” means
(A) a second class city;
(B) a first class city with a population of less than 1,000;
(C) a home rule municipality with a population of less than 1,000;
(D) the Annette Island Reserve established by 25 U.S.C. 495 for the Metlakatla Indian Community;
(E) a community with a population between 25 and 1,000 that is represented by
(i) a council organized under 25 U.S.C. 476 (sec. 16 of the Indian Reorganization Act);
(ii) a traditional village council recognized by the United States as eligible for federal aid to Indians; or
(iii) an incorporated nonprofit entity or Native village council that the Department of Commerce, Community, and Economic Development, with advice from the Department of Law, has determined is eligible to receive and spend a community assistance payment under AS 29.60.865, if the incorporated nonprofit entity or Native village council agrees to act as a village governing body for the purposes of this chapter and provides for the ongoing maintenance of a project funded under this chapter.
2023 Alaska Statutes › Title 46. Water, Air, Energy, and Environmental Conservation › Chapter 08. Oil and Hazardous Substance Releases › Article 1. Release Prevention and Response Fund; Reimbursement; Liens. › Sec. 46.08.005. Purpose of fund; description of accounts.

The legislature finds and declares that the release of oil or hazardous substances into the environment presents a real and substantial threat to the public health and welfare, to the environment, and to the economy of the state. The legislature therefore concludes that it is in the best interest of the state and its citizens to provide a fund containing two accounts. Within the fund,
(1) one account consists of money readily available to the commissioner for the payment of the expenses incurred by the department during a response to a release or threatened release of oil or hazardous substances when authorized by AS 46.08.045 and for related purposes intended to address those releases;
(2) the other account consists of money that the state may use during a response to a release of oil or a hazardous substance, other than one described in (1) of this section, and to a threatened release of oil or a hazardous substance, to pay the expenses of making preparations for the possibility of a release or threatened release of oil or hazardous substances, to reduce the amount, degree, or intensity of a release or threatened release, and for other related purposes identified in law.
2023 Alaska Statutes › Title 46. Water, Air, Energy, and Environmental Conservation › Chapter 08. Oil and Hazardous Substance Releases › Article 1. Release Prevention and Response Fund; Reimbursement; Liens. › Sec. 46.08.010. Fund established.

(a) There is established in the state general fund the oil and hazardous substance release prevention and response fund. The fund shall be administered by the commissioner. The fund is composed of two accounts,
(1) the oil and hazardous substance release prevention account;
(2) the oil and hazardous substance release response account.
(b) Money from an appropriation made to an account in the fund remaining in that account at the end of a fiscal year does not lapse and remains available for expenditure in successive fiscal years.
(c) The fund shall be used for actual expenses incurred under AS 46.08.040. Except as provided in AS 46.08.040(a)(2)(D) for the acquisition, repair, or improvement of assets as preparedness measures, the fund may not be used for capital improvements.
2023 Alaska Statutes › Title 46. Water, Air, Energy, and Environmental Conservation › Chapter 08. Oil and Hazardous Substance Releases › Article 1. Release Prevention and Response Fund; Reimbursement; Liens. › Sec. 46.08.020. Financing of the oil and hazardous substance release prevention account; prevention mitigation account.

(a) The legislature may appropriate from the following sources to the prevention account in the fund:
(1) the annual estimated balance of the account maintained under AS 37.05.142 for deposits into the general fund of the proceeds of the oil conservation surcharge levied by AS 43.55.300;
(2) money received from other state sources, from federal or other sources, or from a private donor;
(3) money recovered or otherwise received from parties responsible for the containment and cleanup of oil or a hazardous substance at a specific site, but excluding money
(A) from performance bonds and other forms of financial responsibility held in escrow pending satisfactory performance of a privately financed response action; and
(B) described in AS 46.08.025(a)(3);
(4) fines, penalties, or damages recovered under AS 46.08.005 - 46.08.080 or other law for costs incurred by the state as a result of the release or threatened release of oil or a hazardous substance; and
(5) the interest earned on the balance of the accounts maintained under AS 37.05.142 for deposits into the general fund from the proceeds of the surcharges levied under AS 43.55.201 and 43.55.300.
(b) Money received by the state under (a)(2) - (5) of this section shall be deposited in the general fund and credited to a special account called the “oil and hazardous substance release prevention mitigation account.” The legislature may annually appropriate to the prevention account in the fund from the prevention mitigation account a sum equal to the amount received under (a)(2) - (5) of this section during the calendar year preceding the legislative session in which the appropriations are to be made.
(c) The interest earned on the balances of each of the following accounts shall be deposited into the general fund and credited to the prevention account in the fund:
(1) the prevention account;
(2) the prevention mitigation account;
(3) the response account; and
(4) the response mitigation account.
2023 Alaska Statutes › Title 46. Water, Air, Energy, and Environmental Conservation › Chapter 08. Oil and Hazardous Substance Releases › Article 1. Release Prevention and Response Fund; Reimbursement; Liens. › Sec. 46.08.025. Financing of the oil and hazardous substance release response account; release mitigation account.

(a) The legislature may appropriate from the following sources to the oil and hazardous substance release response account in the fund:
(1) the annual estimated balance of the account maintained under AS 37.05.142 for deposit into the general fund of the proceeds of the oil conservation surcharge levied by AS 43.55.201;
(2) money received from other state sources, from federal or other sources, or from a private donor; and
(3) money recovered or otherwise received from parties responsible for the containment and cleanup of oil or a hazardous substance at a specific site for which the state expended money from the former oil and hazardous substance release response fund before October 2, 1994, or for which the state expended money from the response account, but excluding
(A) money from performance bonds and other forms of financial responsibility held in escrow pending satisfactory performance of a privately financed response action;
(B) fines, penalties, and damages described in AS 46.08.020(a)(4).
(b) Money received by the state under (a)(2) and (3) of this section shall be deposited in the general fund and credited to a special account called the “oil and hazardous substance release response mitigation account.” The legislature may annually appropriate to the response account in the fund from the response mitigation account a sum equal to the amount received under (a)(2) and (3) of this section during the calendar year preceding the legislative session in which the appropriations are to be made.
2023 Alaska Statutes › Title 46. Water, Air, Energy, and Environmental Conservation › Chapter 08. Oil and Hazardous Substance Releases › Article 1. Release Prevention and Response Fund; Reimbursement; Liens. › Sec. 46.08.030. Intent concerning the abatement of oil or hazardous substance releases.

It is the intent of the legislature and declared to be the public policy of the state that funds for the abatement of a release of oil or a hazardous substance will always be available.
2023 Alaska Statutes › Title 46. Water, Air, Energy, and Environmental Conservation › Chapter 08. Oil and Hazardous Substance Releases › Article 1. Release Prevention and Response Fund; Reimbursement; Liens. › Sec. 46.08.045. Use of the response account; declared disasters.

(a) The commissioner may use money from the response account in the fund to respond to a release or threatened release when the governor declares a disaster related to an oil or hazardous substance discharge emergency under AS 26.23.020(c). During the effective period of the disaster emergency, the commissioner may use money from the response account to respond to the disaster emergency.
(b) Notwithstanding (a) of this section, money from the response account may be used for the purpose in AS 46.08.040(a)(1)(A) without a declaration under AS 26.23.020(c). However, when exercising authority under this subsection, the commissioner shall, within 120 hours of using money in the response account when authorized by this subsection, provide a written report to the governor and to the Legislative Budget and Audit Committee summarizing the release, the state's actions, both taken and anticipated, the costs of the state's actions, both taken and anticipated, and other information considered appropriate by the commissioner or the governor. The governor may, at any time during the state's response, approve, disapprove, or amend the action.
2023 Alaska Statutes › Title 46. Water, Air, Energy, and Environmental Conservation › Chapter 08. Oil and Hazardous Substance Releases › Article 1. Release Prevention and Response Fund; Reimbursement; Liens. › Sec. 46.08.050. Records of the fund.

(a) The department shall maintain accounting records showing the income and expenses of the fund.
(b) A department that is appropriated or allocated money from the fund, either directly or through a reimbursable service agreement with the Department of Environmental Conservation, shall develop procedures governing the expenditure of, and accounting for, money it expends from the fund. The Department of Environmental Conservation may not reimburse or pay money to another state agency for the agency's activities under AS 46.08.040 unless the state agency provides to the department the information necessary to complete the report required by AS 46.08.060.
2023 Alaska Statutes › Title 46. Water, Air, Energy, and Environmental Conservation › Chapter 08. Oil and Hazardous Substance Releases › Article 1. Release Prevention and Response Fund; Reimbursement; Liens. › Sec. 46.08.060. Report.

(a) The commissioner shall make available a report to the legislature not later than the 10th day following the convening of each first regular session of the legislature. The commissioner shall notify the legislature that the report is available. The report may include information considered significant by the commissioner but must include
(1) the amount of money expended by the department under AS 46.08.040(a) during the preceding two fiscal years;
(2) the amount and source of money received and money recovered by or on behalf of the department during the preceding two fiscal years under
(A) AS 46.08.020; and
(B) AS 46.08.025;
(3) a summary of municipal participation in the department's responses that were paid for by the fund;
(4) a detailed summary of department activities in responses paid for by the fund during the preceding two fiscal years, including response descriptions and statements outlining the nature of the threat; in this paragraph, “detailed” includes information describing each personal services position and total compensation for that position, each contract in excess of $10,000, and each purchase in excess of $10,000; and
(5) the projected cost to the department for the next two fiscal years of monitoring, operating, and maintaining sites where response has been completed or is expected to be continued during the next two fiscal years.
(b) As part of the department's on-going identification efforts associated with oil spill or hazardous substance release or waste sites, the commissioner shall include in the report under this section
(1) the number of sites that are included in the department's contaminated sites data base, whether the site is active or closed; and
(2) a prioritized listing of those sites, both statewide and by community, based on the immediate and long-term threats to the public health or welfare or to the environment.
(c) In addition to the department's report required under (a) of this section, the governor shall submit a report about use of the fund during the previous two fiscal years to the legislature not later than the 10th day following the convening of each first regular session of the legislature. In the report, the governor shall describe in detail the governor's use of money from the fund, with separate explanations, by agency, of the activities that were paid for under the authority of AS 46.08.045.
2023 Alaska Statutes › Title 46. Water, Air, Energy, and Environmental Conservation › Chapter 08. Oil and Hazardous Substance Releases › Article 1. Release Prevention and Response Fund; Reimbursement; Liens. › Sec. 46.08.080. Regulations.

The commissioner shall periodically review the minimum quantities of hazardous substances established under federal law and may adopt regulations establishing minimum quantities of substances for all or any portion of the substances to which AS 46.08.005 - 46.08.080 otherwise apply. The commissioner may otherwise adopt only those regulations that are expressly required to implement the specific purposes of AS 46.08.005 - 46.08.080.
2023 Alaska Statutes › Title 46. Water, Air, Energy, and Environmental Conservation › Chapter 08. Oil and Hazardous Substance Releases › Article 2. Oil and Hazardous Substance Response Office. › Sec. 46.08.100. Office established.

There is established in the department the oil and hazardous substance response office. The office shall include a director and employees who are specially trained in programs and technologies related to the containment and cleanup of releases or threatened releases of oil and hazardous substances.