Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 45 - Rural Airports › Article 1 - Rural Airports Generally › 17 AAC 45.045 - Environmental requirements

Current through May 31, 2024
(a) A person using
				an airport shall comply with all applicable environmental laws.
(b) A lessee, permittee, or concessionaire
				who is required under any environmental law to submit a report or other
				document about a violation or potential violation of an environmental law to a
				regulatory agency shall provide a copy of the document to the department. Any
				person who receives a permit from an environmental regulatory agency in
				connection with the person's use of an airport shall, within ten days of
				receipt of the permit, provide a copy of the permit to the
				department.
(c) A lessee,
				permittee, or concessionaire shall provide to the department a copy of any
				notice of violation or other notice, claim, or citation alleging a violation of
				an environmental law affecting airport property that a regulatory agency issues
				to or files against that lessee, permittee, or concessionaire and of any
				complaint filed in a court that alleges violation by the lessee, permittee, or
				concessionaire of an environmental law affecting airport property.
(d) A person responsible for the
				contamination of airport property shall remediate and return contaminated
				airport property to an environmentally acceptable condition to the satisfaction
				of any regulatory agency having jurisdiction. All plans for cleanup and
				disposal activities shall be submitted in advance to the department for review
				and approval and are subject to restrictions imposed by the
				department.
(e) If the department
				has cause to believe a premises or other property on the airport may have been
				contaminated, the department may perform an environmental assessment on the
				premises or property to establish the presence and source of any contamination
				and to describe the environmental condition of the premises or property. While
				performing the assessment, the department will not unreasonably interfere with
				a lessee's use of, or access to, the lessee's premises unless the lessee first
				expressly consents. The department will assume the cost of the assessment of a
				premises or property if contamination is not found on the premises or property.
				If contamination is found on the premises or property, the department may seek
				reimbursement for the costs of assessment and cleanup of the contamination from
				each person who is responsible under this chapter for the
				contamination.
(f) For purposes of
				this section, interference with a lessee's use of, or access to, the lessee's
				premises is unreasonable if the interference
(1) poses a safety hazard or a substantial
				disruption of the lessee's use of, or access to, the lessee's premises;
				or
(2) can be avoided without
				materially increasing the cost or materially decreasing the effectiveness of
				the effort to achieve remediation satisfactory to all agencies having
				jurisdiction, or a reasonable environmental assessment, as
				applicable.