Section 44.42.400. Administration and designated areas.

   (a) The department shall designate a single employee who reports to the commissioner to oversee the duties assigned to the department in AS 44.42.400 - 44.42.430 and to serve as the point of contact for inquiries related to projects using gravel or other aggregate material containing naturally occurring asbestos.
   (b) An area that includes land within a municipality or community may be designated by the department as an area in which certain landowners and contractors are granted immunity under AS 09.65.245(a) for causing asbestos-related injuries only if the municipality or community requests that designation. A municipality or community may request to become an area designated by the department under this subsection by submitting an application to the department. The department may approve an application received under this subsection only after reviewing tests documenting the presence of naturally occurring asbestos in that area, analyzing the effect of the presence of naturally occurring asbestos on construction projects in the area, considering the availability of gravel or other aggregate material free from naturally occurring asbestos in the area, and soliciting public input from residents in the affected municipality or community. The department may require a municipality or community that applies to become a designated area to provide the department with tests documenting the presence of naturally occurring asbestos, information related to the effect of the presence of naturally occurring asbestos on construction projects in the area, information related to availability of gravel or other aggregate material free from naturally occurring asbestos, and other information relevant to the application. After designating an area after approval of an application under this subsection, the department shall notify, including through signage, potentially affected persons that the area has been designated as an area where immunity may be granted under AS 09.65.245(a) for certain landowners and contractors causing asbestos-related injuries.
   (c) In places that do not include a municipality or community, the department may designate an area in which certain landowners and contractors are granted immunity under AS 09.65.245(a) for causing asbestos-related injuries. Before designating an area under this subsection, the department shall document the presence of naturally occurring asbestos in that area, analyze the effect of the presence of naturally occurring asbestos on construction projects in the area, consider the availability of gravel or other aggregate material free from naturally occurring asbestos in the area, and solicit public input from potentially affected persons. After designating an area under this subsection, the department shall notify, including through signage, potentially affected persons that the area has been designated as an area where immunity may be granted under AS 09.65.245(a) for certain landowners and contractors causing asbestos-related injuries.
   (d) In this section, "community" means a place in the unorganized borough, in a borough, or in a unified municipality that is not incorporated as a municipality, that is not a reserve, and in which 25 or more individuals reside as a social unit.

Authorities

9.65.245;18.31.250;44.42.400;44.42.410;44.42.420;44.42.430

Notes

Implemented As

17 AAC 97.010
17 AAC 97.020
17 AAC 97.030
17 AAC 97.900

References

17 AAC 97.030
17 AAC 97.900
AS 9.65.245 .245">Sec. 09.65.245. Immunity for certain persons supplying or using gravel or other aggregate material; limitations on asbestos-related actions against defendants.
AS 18.31.250 Use of materials containing naturally occurring asbestos.
AS 44.42.400 Administration and designated areas.
AS 44.42.410 Site-specific use plan.
AS 44.42.420 Regulations.
AS 44.42.430 Definitions.

History

(Sec. 3 ch 13 SLA 2012)