Sec. 46.09.900. Definitions.

349 words·~2 min read·/ak/title-46/chapter-9/46-09-900

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

In this chapter,

(1)“commissioner” means the commissioner of environmental conservation;

(2)“containment and cleanup” includes the direct and indirect efforts associated with the prevention, abatement, containment, or removal of a hazardous substance, and the restoration of the environment; when applied to expenses, the term includes the additional costs of providing a reasonable and appropriate function or service incurred in response to the release of the hazardous substance, including administrative expenses for the incremental costs of providing the function or service;

(3)“department” means the Department of Environmental Conservation;

(4)“hazardous substance” means

(A)an element or compound that, when it enters into or on the surface or subsurface land or water of the state, presents an imminent and substantial danger to the public health or welfare, or to fish, animals, vegetation, or any part of the natural habitat in which fish, animals, or wildlife may be found; or

(B)a substance defined as a hazardous substance under 42 U.S.C. 9601 — 9657 (Comprehensive Environmental Response, Compensation, and Liability Act of 1980); “hazardous substance” does not include uncontaminated crude oil or uncontaminated refined oil;

(5)“permitted release” means a release occurring under the authority of a valid permit issued by the department or by the United States Environmental Protection Agency;

(6)“release” means any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing into the environment, except that “release” does not include a permitted release or an act of nature;

(7)“service” means a function performed or service provided by the state, including functions not previously performed and services not previously provided by the state;

(8)“threatened release” means that a release is imminent; a release is imminent if

(A)it is impending, or on the point of happening; or

(B)though not impending, in the judgment of the commissioner

(i)the incident or occurrence may reasonably be expected to culminate in an actual release; and

(ii)that actual release may reasonably be expected to cause personal injury, other injury to life, or loss of or damage to property, including the environment.