Section 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) violates a provision of this chapter, AS 46.04, AS 46.09, or AS 46.14, a regulation or order of the department, or a permit, approval, or acceptance, or a term or condition of a permit, approval, or acceptance issued under this chapter, AS 46.04, AS 46.09, or AS 46.14;
        (2) fails to provide information or provides false information required by AS 46.03.465, 46.03.475, 46.03.755, AS 46.04, or AS 46.09, or by a regulation adopted by the department under AS 46.03.020(12), 46.03.460, 46.03.755, AS 46.04, or AS 46.09;
        (3) makes a false statement or representation in an application, label, manifest, record, report, permit, or other document filed, maintained, or used for purposes of compliance with AS 46.03.250 - 46.03.313 applicable to hazardous wastes or a regulation adopted by the department under AS 46.03.250 - 46.03.313;
        (4) makes a false statement, representation, or certification in an application, notice, record, report, permit, or other document filed, maintained, or used for purposes of compliance with AS 46.03.460 - 46.03.475, AS 46.14, or a regulation adopted under AS 46.03.020(12), 46.03.460, or AS 46.14; or
        (5) renders inaccurate a monitoring device or method required to be maintained under AS 46.14, a regulation adopted under AS 46.03.020(12) or AS 46.14, a permit issued by the department or a local air quality control program under AS 46.14, or a permit issued by the department under the program authorized by AS 46.03.020(12).
   (b)   [Repealed, Sec. 5 ch 141 SLA 1990]. 
   (c) Each day on which a violation described in this section occurs is considered a separate violation.
   (d) Notwithstanding (a) of this section, a person who with criminal negligence discharges oil in violation of AS 46.03.740 or who, when required by an oil discharge to comply with the provisions of an oil discharge contingency plan approved under AS 46.04.030, with criminal negligence fails to comply with the plan is guilty of
        (1) a class C felony if the oil discharge is 10,000 barrels or more;
        (2) a class A misdemeanor if the oil discharge is less than 10,000 barrels.
   (e)   [Repealed, Sec. 5 ch 141 SLA 1990]. 
   (f)   [Repealed, Sec. 5 ch 141 SLA 1990]. 
   (g) Notwithstanding AS 12.55.035(b), upon conviction of a violation of a regulation adopted under AS 46.03.020(12) or of a violation related to AS 46.14 and described in (a) of this section, a defendant who is not an organization may be sentenced to pay a fine of not more than $10,000 for each separate violation.
   (h) Notwithstanding (a) and (d) of this section, a person is guilty of a class A misdemeanor if the person negligently
        (1) violates a regulation adopted by the department under AS 46.03.020(12);
        (2) violates a permit issued under the program authorized by AS 46.03.020(12);
        (3) fails to provide information or provides false information required by a regulation adopted under AS 46.03.020(12);
        (4) makes a false statement, representation, or certification in an application, notice, record, report, permit, or other document filed, maintained, or used for purposes of compliance with a permit issued under or a regulation adopted under AS 46.03.020(12); or
        (5) renders inaccurate a monitoring device or method required to be maintained by a permit issued under or a regulation adopted under AS 46.03.020(12).
   (i) In this section,
        (1) "barrel" has the meaning given in AS 46.04.900;
        (2) "criminal negligence" has the meaning given in AS 11.81.900.

Authorities

46.03.800;46.03.810

Notes

Implemented As

18 AAC 52.100
18 AAC 75.905
18 AAC 78.940

References

18 AAC 52.100
AS 46.03.800 Water nuisances.
AS 46.03.810 Air and land nuisances.

History

(Sec. 3 ch 120 SLA 1971; am Sec. 11 ch 220 SLA 1976; am Sec. 8 ch 266 SLA 1976; am Sec. 8, 9 ch 116 SLA 1980; am Sec. 11, 12 ch 93 SLA 1981; am Sec. 112 ch 59 SLA 1982; am Sec. 8 ch 77 SLA 1984; am Sec. 12 - 14 ch 59 SLA 1986; am Sec. 2 - 5 ch 141 SLA 1990; am Sec. 62 ch 21 SLA 1991; am Sec. 19, 20 ch 74 SLA 1993; am Sec. 4 ch 1 FSSLA 2001; am Sec. 9, 10 ch 143 SLA 2004; am Sec. 8 ch 17 SLA 2008)