Section 46.08.070. Reimbursement for containment and cleanup.

   (a) The commissioner shall seek reimbursement promptly under this section, AS 46.03.760(d), or federal law for the cost incurred in the cleanup or containment of oil or a hazardous substance that has been released.
   (b) The attorney general, at the request of the commissioner, shall immediately seek to recover money expended by the department under AS 46.08.005 - 46.08.080 or other law to contain and clean up oil or a hazardous substance that has been released or to control the threatened release of oil or a hazardous substance.
   (c) The department shall reimburse a municipality or village for actual expenses, other than normal operating expenses, incurred in the abatement of a release or threatened release and may advance money to a municipality or village to carry out an emergency first response to a release or threatened release of oil or a hazardous substance if
        (1) the municipality or village has entered into an agreement with the commissioner under AS 46.04.020(e) or  AS 46.09.020(e); and
        (2) the commissioner determines that
             (A) the expenses to be reimbursed were for a necessary emergency first response to a release or threatened release that, at the time of the release or threatened release, posed an imminent and substantial threat to the public health or welfare or to the environment;
             (B) the municipality or village has demonstrated a need for financial assistance, and the money to be advanced is necessary to enable the municipality or village to carry out an emergency first response to a release or threatened release that, at the time of the release or threatened release, poses an imminent and substantial threat to the public health or welfare, or to the environment; and
             (C) containment and cleanup efforts paid for in whole or in part by a reimbursement or an advance made under this section were consistent with the regional master plan for the region in which the municipality or village is located if a plan has been prepared by the department under AS 46.04.210.
   (d) The department shall adopt regulations to implement the cost recovery requirements of (a) and (b) of this section, but may not delay cost recovery actions pending the effective date of the adoption of the regulations.

Authorities

46.03.760;46.04.010

Notes

Implemented As

18 AAC 75.910

References

18 AAC 75.910
AS 46.03.760 Civil action for pollution; damages.
AS 46.04.010 Reimbursement for cleanup expenses.

History

(Sec. 1 ch 59 SLA 1986; am Sec. 1, 2 ch 29 SLA 1989; am Sec. 16 ch 83 SLA 1991; am Sec. 35 ch 128 SLA 1994)