Sec. 46.03.890. Enforcement authority.
(a) The following persons are authorized to enforce this chapter: (1) a state employee authorized by the commissioner; (2) a police officer of the state. (b) Inspection and enforcement employees of the department designated by the commissioner are peace officers in the performance of their duties under this chapter, AS 46.04, AS 46.09, and AS […]
Sec. 46.03.900. Definitions.
In this chapter, (1) “air contaminant” means dust, fumes, mist, smoke, other particulate matter, vapor, gas, odorous substances or a combination of these; (2) “air pollution” means the presence in the outdoor atmosphere of one or more air contaminants in quantities and duration that tend to be injurious to human health or welfare, animal or […]
Sec. 46.03.830. Proof of financial responsibility required for petrochemical facility or hazardous waste disposal site operation.
(a) A person may not operate a petrochemical facility or a hazardous waste disposal site unless the person has furnished proof to the commissioner of financial ability to control a hazardous waste that will be used in, produced by, or disposed of at the facility or the site. Proof of financial responsibility shall include responsibility […]
Sec. 46.03.833. Compliance with financial responsibility requirements.
(a) A person whose proof of financial responsibility is accepted by the department under AS 46.03.830 or 46.03.100(f) shall notify the department at least 90 days before the effective date of a change in, or expiration or cancellation of, the proof of financial responsibility. Application for renewal of acceptance of proof of financial responsibility under […]
Sec. 46.03.850. Compliance order.
(a) When, in the opinion of the department, a person is violating or is about to violate a provision of this chapter, AS 46.04, or AS 46.14, or a regulation or lawful order of the department, or a permit or certificate, or a term or condition of a permit or certificate issued by the department […]
Sec. 46.03.860. Inspection warrant.
The department may seek search warrants for the purpose of investigating actual or suspected sources of pollution or contamination or to ascertain compliance or noncompliance with AS 46.14 or this chapter or a regulation adopted under AS 46.14 or this chapter.
Sec. 46.03.770. Detention of vessel without warrant as security for damages.
A vessel that is used in or in aid of a violation of AS 46.03.740 – 46.03.750 may be detained after a valid search by the department, an agent of the department, a peace officer of the state, or an authorized protection officer of the Department of Fish and Game. Upon judgment of the court […]
Sec. 46.03.865. Authority of department in cases of emergency.
(a) When the department finds that an actual or imminent discharge of oil, a hazardous substance, or low level radioactive materials to the air, water, land, or subsurface land of the state poses an immediate threat to the public health or welfare or the environment of the state, it may issue an order declaring an […]
Sec. 46.03.780. Liability for restoration.
(a) A person who violates a provision of this chapter, AS 46.04, AS 46.09, or AS 46.14, or who fails to perform a duty imposed by this chapter, AS 46.04, AS 46.09, or AS 46.14, or violates or disregards an order, permit, or other determination of the department made under the provisions of this chapter, […]
Sec. 46.03.870. Actionable rights.
(a) Except as specified in AS 46.03.822 – 46.03.828, the bases for proceedings or actions resulting from violations of this chapter or a regulation adopted under this chapter inure solely to and are for the benefit of the state, and are not intended to in any way create new or enlarge existing rights of persons […]