Section 46.03.865. Authority of department in cases of emergency.

   (a) When the department finds that an actual or imminent discharge of oil, a hazardous substance, or low level radioactive materials to the air, water, land, or subsurface land of the state poses an immediate threat to the public health or welfare or the environment of the state, it may issue an order declaring an emergency and directing a person or persons to take action the department believes necessary to meet the emergency, and protect the public health, welfare, or environment. If there is an incident command system established under AS 26.23 or AS 46.04.200 - 46.04.210 that is applicable to the situation for which the department issues an order under this subsection, the department's exercise of authority under this subsection shall be guided by the relevant provisions of the incident command system.
   (b) A person to whom an order is directed shall comply with it immediately, but on application to the department shall be given a hearing under AS 44.62 (Administrative Procedure Act).  Thereafter the department may affirm, revoke, or modify the order.
   (c) During a period of emergency declared under (a) of this section, each state agency shall take whatever action the department finds necessary to meet the emergency and to protect the public health, welfare, or environment, consistent with the responsibilities assigned to them under an incident command system established under AS 26.23 or AS 46.04.200 - 46.04.210 if one is applicable to the situation.

Authorities

46.03.290;46.04.200;46.08.130

Notes

References

AS 46.03.290
AS 46.04.200 State master plan.
AS 46.08.130 Duties of the office.

History

(Sec. 3 ch 120 SLA 1971; am Sec. 5 ch 172 SLA 1978; am Sec. 109 ch 59 SLA 1982; am E.O. No. 58, Sec. 24 (1984); am Sec. 7 ch 59 SLA 1986; am Sec. 8, 9 ch 190 SLA 1990; am Sec. 17, 18 ch 32 SLA 1994)