Sec. 46.14.560. Unavoidable malfunctions and emergencies.

89 words·~1 min read·/ak/title-46/chapter-14/46-14-560

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Excess emissions caused by an unavoidable emergency, a malfunction, or nonroutine repairs of an emissions unit including pollution control equipment or process equipment constitute an affirmative defense, when asserted under regulations adopted under AS 46.14.140 , to an action brought for noncompliance with a technology-based emission standard. This section does not limit the department's power to enjoin the emission or require corrective action. This provision is in addition to any emergency or upset provision contained in an applicable requirement.

Article 6. General Provisions.