Section 29.35.500. Reporting.

   (a) If a municipality establishes a program for the reporting of hazardous chemicals, hazardous materials, and hazardous wastes, then the municipality shall require a business or a government agency that handles hazardous chemicals, hazardous materials, or hazardous wastes to submit to a designated person or office of the municipality, on a form approved by the Alaska State Emergency Response Commission, an inventory of the hazardous chemicals, hazardous materials, and hazardous wastes the business or government agency handles. Notwithstanding other provisions of this title, a municipality that establishes a program for the reporting of hazardous chemicals, hazardous materials, and hazardous wastes may not
        (1) use a form other than the one required under this section or use a form in addition to the one required under this section;
        (2) require a business or government agency to submit an inventory of hazardous chemicals, hazardous materials, and hazardous wastes unless the business or government agency is required to do so by the Alaska State Emergency Response Commission;
        (3) require reporting under this section of a substance not listed in (c) of this section unless it is added by the commission under (c) of this section;
        (4) require reporting under this section of a substance that is in smaller quantities than provided under (c) of this section unless the reporting of smaller quantities is approved by the commission under (c) of this section.
   (b) An inventory required under this section must include
        (1) the name and address of a facility, and of the owner and operator of the facility, at which the hazardous chemicals, hazardous materials, or hazardous wastes are handled;
        (2) the names and telephone numbers of persons connected with the facility who are to be contacted in an emergency;
        (3) the chemical name or other descriptive information about each hazardous chemical, hazardous material, or hazardous waste handled;
        (4) the location and maximum estimated quantity of the hazardous chemicals, hazardous materials, and hazardous wastes handled in a single day;
        (5) with respect to a transshipment facility; instead of the information required under (3) and (4) of this subsection, the following information:
             (A) a list of the classes of hazardous chemicals, hazardous materials, and hazardous wastes handled;
             (B) a site layout and floor plan showing the usual locations of the hazardous chemicals, hazardous materials, and hazardous wastes handled at the facility; and
             (C) the method of marking or warning used for hazardous chemicals, hazardous materials, and hazardous wastes at the facility.
   (c) Unless the Alaska State Emergency Response Commission or a municipality, after public hearing, removes a substance listed in this subsection from the reporting requirements within its jurisdiction, or unless the commission, after public hearing, adds a substance to the reporting requirements of this subsection or requires the reporting of smaller quantities of the substances listed in this subsection, either on a statewide basis or for reporting within particular municipalities, the following quantities of hazardous chemicals, hazardous materials, and hazardous wastes shall be reported in an inventory required under this section:
        (1) any quantity of a hazardous material of the hazard class identified in federal placarding regulations as
             (A) Poison Gas Hazard Division No. 2.3 and Poisons 6.1;
             (B) Explosives 1.1;
             (C) Explosives 1.2 and 1.3, excluding smokeless gunpowder, black powder, and ammunition;
             (D) Flammable solid Divisions 4.1, 4.2, and 4.3; or
             (E) Radioactive Hazard Class 7;
        (2) a hazardous chemical, or a hazardous material other than one described in (1) of this subsection, if handled in a single day in an amount equal to or greater than 10,000 pounds;
        (3) extremely hazardous substances in a quantity equal to or more than 500 pounds or the threshold planning quantity, whichever is less; and
        (4) compressed gasses equal to or more than 1,000 cubic feet at standard temperature and pressure.
   (d) A business or government agency required to submit an inventory under this section shall submit the first inventory within 90 days after the municipality's reporting requirements take effect or within 30 days after beginning to engage in the handling of hazardous chemicals, hazardous materials, or hazardous wastes. Thereafter, the business or government agency shall submit an inventory annually. With respect to transshipments, the first inventory shall be an estimate of transshipments by the business or government agency during the next 12 months. Subsequent annual inventories shall reflect actual transshipments during the previous 12 months.
   (e) A municipality that establishes a program for the reporting of hazardous chemicals, hazardous materials, or hazardous wastes shall also require a business or government agency that handles hazardous chemicals, hazardous materials, or hazardous wastes to report
        (1) significant change in the general location of hazardous chemicals, hazardous materials, or hazardous wastes by telephone or other means adequate to convey the information within 24 hours, and in writing within 10 working days, after moving the chemicals, materials, or wastes;
        (2) names and other descriptive information of additional hazardous chemicals, hazardous materials, or hazardous wastes being handled since the last inventory or report if they meet the criteria for reporting under (c) of this section, by telephone or other means adequate to convey the information within 24 hours, and in writing within 10 working days, after making the additions;
        (3) with respect to a transshipment facility, instead of the information required under (1) and (2) of this subsection, the following:
             (A) an additional class of hazardous chemicals, hazardous materials, or hazardous wastes handled at the facility, or a change in the method of marking or warning used for hazardous chemicals, hazardous materials, or hazardous wastes at the facility, within 30 days after the addition or change; and
             (B) a change to the site layout or floor plan submitted under (b)(5)(B) of this section, by telephone or other means adequate to convey the information within 24 hours, and in writing within 30 days after the change.
   (f) A municipality that establishes a program for the reporting of hazardous chemicals or hazardous materials may require a business or government agency that handles hazardous chemicals or hazardous materials to submit a federal Occupational Safety and Health Administration (OSHA) Material Safety Data Sheet or equivalent information for each of the chemicals and materials handled.
   (g) The requirements of this section may be imposed by a municipality on a business or government agency that handles hazardous chemicals, hazardous materials, or hazardous wastes outside of the boundaries of the municipality if a fire or other emergency involving the chemicals, materials, or wastes would be
        (1) likely to adversely affect persons or property in  the municipality; or
        (2)  responded to by emergency response personnel whose  service area includes all or a part of the municipality.

Authorities

29.10.200;29.35.510;29.35.520;29.35.530;29.35.540;29.35.550;29.35.590

Notes

Implemented As

10 AAC 20.100
10 AAC 20.110
10 AAC 20.120

References

10 AAC 20.100
10 AAC 20.110
AS 29.10.200 Limitation of home rule powers.
AS 29.35.510 Inspections; penalties.
AS 29.35.520 Fees.
AS 29.35.530 Duties of municipalities; powers of other agencies.
AS 29.35.540 Public access to information.
AS 29.35.550 Application.
AS 29.35.590 Definitions.

History

(Sec. 4 ch 108 SLA 1986; am Sec. 5 - 11 ch 143 SLA 1988; am Sec. 5, 6 ch 71 SLA 1997)