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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 […]

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 […]

Sec. 46.08.040. Uses of the fund.

(a) In addition to money in the response account of the fund that is transferred to the commissioner of commerce, community, and economic development to make grants under AS 29.60.510 and to pay for impact assessments under AS 29.60.560, the commissioner of environmental conservation may use money (1) from the response account in the fund […]

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 […]

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 […]

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 […]

Sec. 46.08.070. Reimbursement for containment and cleanup.

(a) Except as provided in (e) of this section, the commissioner shall seek reimbursement promptly under this section, AS 46.03.760(d), or federal law for the cost incurred in the cleanup or containment of oil or a hazardous substance that has been released. (b) The attorney general, at the request of the commissioner, shall immediately seek […]

Sec. 46.08.075. Liens against property as security for state expenditures.

(a) The state has a lien for expenditures by the state from the fund, or from any other state fund, for the costs of response, containment, removal, or remedial action resulting from an oil or hazardous substance release, or, with respect to response costs, for the costs of response to a threatened release of oil […]

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 […]