Sec. 46.09.020. Containment and cleanup of a released hazardous substance.

363 words·~2 min read·/ak/title-46/chapter-9/46-09-020

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

(a)A person who causes a release of a hazardous substance shall make reasonable efforts to contain and clean up the hazardous substance promptly after learning of the release, unless the commissioner determines

(1)after consulting the United States Environmental Protection Agency or appropriate public safety agencies, that containment or cleanup is technically infeasible;

(2)that containment or cleanup would cause greater environmental damage than if the release were not contained or cleaned up; or

(3)that containment or cleanup would pose a greater threat to human life or health than if the release were not contained or cleaned up.

(b)The commissioner shall develop guidelines prescribing general procedures and methods to be used in the containment and cleanup of a hazardous substance. The guidelines shall be consistent with the national contingency plan revised and republished under 42 U.S.C. 9605.

(c)If the commissioner determines that the containment or cleanup of a hazardous substance undertaken is inadequate, the commissioner may direct the person undertaking the containment or cleanup to cease and may undertake the containment or cleanup directly or by contract.

(d)If it appears to the commissioner that the cause or responsibility for the release of a hazardous substance is unclear or unexplained, the commissioner may immediately undertake the containment and cleanup of the release unless the commissioner determines

(1)after consulting the United States Environmental Protection Agency or appropriate public safety agencies, that containment or cleanup is technically infeasible;

(2)that containment or cleanup would cause greater environmental damage than if the release were not contained or cleaned up; or

(3)that containment or cleanup would pose a greater threat to human life or health than if the release were not contained or cleaned up.

(e)The commissioner shall enter into agreement with the United States Environmental Protection Agency, and may enter into agreements with other persons and municipalities, in order to

(1)facilitate a coordinated and effective hazardous substance release response in the state;

(2)provide for cooperative hazardous substance release notification procedures; or

(3)provide for cooperative review of hazardous substance release response contingency plans submitted to the department.