Sec. 46.03.710. Pollution prohibited.
A person may not pollute or add to the pollution of the air, land, subsurface land, or water of the state.
Sec. 46.03.715. Sale and use of TBT-based antifouling paint.
(a) Except as otherwise provided in this section, a person may not sell or use TBT-based marine antifouling paint or coating in the state, nor may a person sell, rent, or lease in the state, or import into the state, or use in state water, a vessel, fishing gear, or other item intended to be […]
Sec. 46.03.720. Public water system plan review requirement.
(a) [Repealed, § 12 ch 136 SLA 2004.] (b) A person may not construct, extend, install, or operate a public water supply system, or any part of a public water supply system, until plans for it are submitted to the department for review and the department approves them in writing. (c) The department may waive […]
Sec. 46.03.730. Pesticides.
A person may not spray or apply, or cause to be sprayed or applied dichloro-diphenyl-trichloroethane (DDT), dieldrin, or other pesticide or broadcast chemical in a manner that may cause damage to or endanger the health, welfare, or property of another person, or in a manner that is likely to pollute the air, soil, or water […]
Sec. 46.03.740. Oil pollution.
A person may not discharge, cause to be discharged, or permit the discharge of petroleum, acid, coal or oil tar, lampblack, aniline, asphalt, bitumen, or a residuary product of petroleum, into, or upon the waters or land of the state except in quantities, and at times and locations or under circumstances and conditions as the […]
Sec. 46.03.742. Reckless operation of tank vessel.
(a) A person commits the crime of reckless operation of a tank vessel when, by recklessly operating, navigating, or piloting a tank vessel, the person causes a release of a hazardous substance and the release causes serious physical injury to another person or damage to the property of another. (b) Reckless operation of a tank […]
Sec. 46.03.743. Negligent operation of tank vessel.
(a) A person commits the crime of negligent operation of a tank vessel when, by operating, navigating, or piloting a tank vessel with criminal negligence, the person creates an unjustifiable risk of a release of a hazardous substance or an unjustifiable risk of harm to a person or property. (b) Negligent operation of a tank […]
Sec. 46.03.744. Definitions for AS 46.03.742 – 46.03.744.
In AS 46.03.742 – 46.03.744, (1) “hazardous substance” has the meaning given in AS 46.03.826; (2) “tank vessel” means (A) a vessel that is constructed or adapted to carry, or that carries, as a means of transportation by water, a hazardous substance in bulk as cargo or cargo residue; (B) the vessel that propels the […]
Sec. 46.03.745. Hazardous substance release.
Except for a controlled release, the reporting of which is the subject of an agreement with the commissioner under AS 46.09.010(b), a person may not cause or permit the release of a hazardous substance as defined in AS 46.09.900.
Sec. 46.03.750. Ballast water discharge.
(a) Except as provided in (b) of this section, a person may not cause or permit the discharge of ballast water from a cargo tank of a tank vessel into the waters of the state. A tank vessel may not take on petroleum or a petroleum product or by-product as cargo unless it arrives in […]
Sec. 46.03.755. Discharge reporting.
(a) A person in charge of a facility, operation, or vessel, as soon as the person has knowledge of any discharge from the facility, operation, or vessel in violation of AS 46.03.740 or 46.03.750, shall immediately notify the department of the discharge. (b) Notwithstanding (a) of this section, the department may enter into a written […]
Sec. 46.03.758. Civil penalties for discharges of oil.
(a) The legislature finds that (1) recent information discloses that the discharge of oil may cause significant short and long-term damage to the state’s environment; even minute quantities of oil released to the environment may cause high mortalities among larval and juvenile forms of important commercial species, may affect salmon migration patterns, and may otherwise […]
Sec. 46.03.759. Civil penalties for discharges of crude oil.
(a) A person who is found to be liable under any other state law for an unpermitted discharge of crude oil in excess of 18,000 gallons is, in addition to liability for any other penalties or for damages or the cost of containment and cleanup, liable to the state in a civil action for a […]
Sec. 46.03.760. Civil action for pollution; damages.
(a) A person who violates or causes or permits to be violated a provision of this chapter other than AS 46.03.250 – 46.03.313, or a provision of AS 46.04 or AS 46.09, or a regulation, a lawful order of the department, or a permit, approval, or acceptance, or term or condition of a permit, approval, […]
Sec. 46.03.761. Administrative penalties.
(a) The department may assess an administrative penalty against an entity that violates or causes or permits to be violated a provision of AS 46.03.720(b) or a term or condition of a regulation, order, permit, approval, or certificate of the department issued or adopted under AS 46.03.720(b). (b) Before assessing an administrative penalty under this […]
Sec. 46.03.763. Attorney fees and costs.
In an action to impose civil penalties under AS 46.03.758, 46.03.759, or 46.03.760 for a discharge of oil, the state may recover full reasonable attorney fees and costs incurred by the state in maintaining the action.
Sec. 46.03.765. Injunctions.
The superior court has jurisdiction to enjoin a violation of this chapter, AS 46.04, AS 46.09, AS 46.14, or of a regulation, a lawful order of the department, or permit, approval, or acceptance, or term or condition of a permit, approval, or acceptance issued under this chapter, AS 46.04, AS 46.09, or AS 46.14. In […]
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. 46.03.780. 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. 46.03.790. Criminal penalties.
(a) Except as provided in (d) of this section, a person is guilty of a class A misdemeanor if the person with criminal negligence (1) violates a provision of this chapter, AS 46.04, AS 46.09, or AS 46.14, a regulation or order of the department, or a permit, approval, or acceptance, or a term or […]