Section 46.03.550. Fitness for use.

   (a) Property for which a notice has been issued under AS 46.03.500 shall be determined by the department to be fit for use if the owner certifies to the department under penalty of unsworn falsification in the second degree that
        (1) based on sampling and testing procedures established by the department under AS 46.03.520(b) and performed by laboratories that are on the list maintained by the department under AS 46.03.520(c), the limits on substances specified in regulations adopted under AS 46.03.530 are not exceeded on the property;
        (2) if the property was ever sampled and tested under AS 46.03.520 and the test results showed the property to be unfit for use under AS 46.03.530, decontamination procedures were performed in accordance with the guidelines established under AS 46.03.540(b) and the requirements of (1) of this subsection have been met; or
        (3) a court has held that the determination that the property was an illegal drug manufacturing site was not made in compliance with AS 46.03.500(a).
   (b) The department shall maintain a list of properties for which the department has received notice under AS 46.03.500(c). When the department determines under (a) of this section that a property on the list is fit for use, the department shall note on the list maintained on its Internet website under AS 46.03.500(f), and on any other list or database it maintains related to illegal drug manufacturing sites, that the property is fit for use and shall notify the owner of the property that the property is fit for use. The property shall remain on the lists or databases for five years after it is determined that the property is fit for use and shall be removed from the lists or databases within three months after the five-year period has elapsed. On request, the department shall give a copy of the list maintained under this section to any person who requests the list.

Authorities

46.03.510

Notes

Implemented As

18 AAC 79.010
18 AAC 79.030

References

18 AAC 79.010
AS 46.03.510 Restrictions on property.

History

(Sec. 2 ch 142 SLA 2003; am Sec. 32 ch 42 SLA 2006; am Sec. 20 ch 53 SLA 2006)