Alaska Statutes Title 46, Chapter 46.03, Article 09 - Prohibited Acts, Penalties, and Damages

• 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,...
• Sec. 46.03.720 Public Water System Plan Review Requirement.
  (a) [Repealed, Sec. 12 ch 136 SLA 2004]. (b) A person may not construct, extend, install, or operate a public water supply system, or...
• Sec. 46.03.730 Pesticides.
  A person may not spray or apply, or cause to be sprayed or applied dichloro-diphenyl-trichloro-ethane (DDT), dieldrin, or other pesticide or broadcast chemical in...
• 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,...
• 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...
• 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...
• 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...
• 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...
• 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,...
• 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;...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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)...
• Sec. 46.03.800 Water Nuisances.
  (a) A person is guilty of creating or maintaining a nuisance if the person puts a dead animal carcass, or part of one, excrement,...
• Sec. 46.03.810 Air and Land Nuisances.
  (a) A person is guilty of creating or maintaining a nuisance if the person(1) places or deposits upon a lot, street, beach, or premises,...
• Sec. 46.03.820 Emergency Powers.
  (a) When the department finds, after investigation, that a person is causing, engaging in, or maintaining a condition or activity that, in the judgment...
• Sec. 46.03.822 Strict Liability for the Release of Hazardous Substances.
  (a) Notwithstanding any other provision or rule of law and subject only to the defenses set out in (b) of this section, the exception...
• Sec. 46.03.823 Hazardous Substance Response Action Contractors.
  (a) A person who is a response action contractor with respect to a release or threatened release of a hazardous substance other than oil...
• Sec. 46.03.824 Damages.
  Damages include but are not limited to injury to or loss of persons or property, real or personal, loss of income, loss of the...
• Sec. 46.03.825 Oil Spill Response Action Contractors.
  (a) A response action contractor who responds to a release or threatened release of oil is not civilly liable for removal costs or damages...
• Sec. 46.03.828 Other Rights of Action Not Affected.
  The provisions of AS 46.03.822 - 46.03.828 do not abridge or alter a right of action or remedy under another statute, in equity, 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...
• 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...
• Sec. 46.03.840 Radiation Penalties. [Repealed, Sec. 12 Ch 172 Sla 1978. for Current Provisions, See As 18.60.475 - 18.60.545].
  
  Repealed or Renumbered
• 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,...

Last modified: November 15, 2016