SB 69: "An Act relating to hazardous chemicals, hazardous materials, and hazardous waste."
00SENATE BILL NO. 69 01 "An Act relating to hazardous chemicals, hazardous materials, and hazardous 02 waste." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 18.70.090 is amended to read: 05 Sec. 18.70.090. ENFORCEMENT AUTHORITY. The Department of Public 06 Safety and the chief of each fire department recognized under regulations adopted by 07 the Department of Public Safety, and their authorized representatives in their respective 08 areas, may enforce the regulations adopted by the Department of Public Safety for the 09 prevention of fire or for the protection of life and property against fire or panic. All 10 state peace officers may assist the Department of Public Safety in the enforcement of 11 AS 18.70.010 - 18.70.100 [, 18.70.310,] and the regulations adopted under those 12 sections. The authority conferred in AS 18.70.010 - 18.70.100 [AND 18.70.310] 13 extends to the enforcement of the provisions of AS 11.46.400 - 11.46.430. 14 * Sec. 2. AS 18.70.100(a) is amended to read:
01 (a) A person who violates a provision of AS 18.70.010 - 18.70.100 [, 02 18.70.310,] or a regulation adopted under those sections, or who fails to comply with 03 an order issued under AS 18.70.010 - 18.70.100 [OR 18.70.310] is guilty of a class B 04 misdemeanor. When not otherwise specified, each 10 days that the violation or 05 noncompliance continues is a separate offense. 06 * Sec. 3. AS 29.35.500(a) is amended to read: 07 (a) If a municipality establishes a program for the reporting of hazardous 08 chemicals, hazardous materials, and hazardous wastes, then the municipality shall 09 require a business or a government agency that handles hazardous chemicals, 10 hazardous materials, or hazardous wastes to submit to a designated person or office of 11 the municipality, on a form approved by the Alaska State Emergency Response 12 Commission [DEPARTMENT OF PUBLIC SAFETY, DIVISION OF FIRE 13 PREVENTION], an inventory of the hazardous chemicals, hazardous materials, and 14 hazardous wastes the business or government agency handles. 15 * Sec. 4. AS 29.35.500(c) is amended to read: 16 (c) The following quantities of hazardous chemicals, hazardous materials, and 17 hazardous wastes shall be reported in an inventory required under this section, and the 18 Alaska State Emergency Response Commission [DIVISION OF FIRE 19 PREVENTION] or a municipality may require the reporting of smaller quantities: 20 (1) any quantity of a hazardous material of the hazard class of 21 (A) Poison A; 22 (B) Poison B; 23 (C) Class A explosive; 24 (D) Class B explosive; 25 (E) Flammable solid (dangerous when wet); or 26 (F) Radioactive; 27 (2) [A CONSUMER COMMODITY OF A HAZARDOUS MATERIAL 28 IN A QUANTITY OF MORE THAN 1,000 POUNDS; 29 (3)] a hazardous chemical, or a hazardous material other than one 30 described in (1) of this subsection, if handled in a single day in an amount equal to or 31 greater than 500 pounds;
01 (3) [(4)] acute hazardous waste in a quantity of 2.2 pounds or more; 02 (4) [(5)] hazardous waste in a quantity of 220 pounds or more; 03 (5) [(6)] extremely hazardous substances in a quantity equal to or more 04 than 500 pounds or the threshold planning quantity, whichever is less; and 05 (6) [(7)] compressed gasses equal to or more than 200 cubic feet at 06 standard temperature and pressure. 07 * Sec. 5. AS 29.35.510 is amended to read: 08 Sec. 29.35.510. INSPECTIONS; PENALTIES. A municipality may conduct 09 inspections, and establish and impose penalties, necessary to ensure compliance with 10 reporting requirements adopted under AS 29.35.500 [AND PLACARDING 11 REQUIREMENTS ADOPTED UNDER AS 18.70.310]. 12 * Sec. 6. AS 29.35.520 is amended to read: 13 Sec. 29.35.520. FEES. A municipality may impose appropriate fees to fully 14 or partially compensate for the cost of processing reports and administering inspections 15 under AS 29.35.500 - 29.35.510 [AND THE COST OF PROVIDING PLACARDS 16 UNDER AS 18.70.310. THE MUNICIPALITY MAY ESTABLISH A FEE 17 SCHEDULE DIFFERENT FROM THE SCHEDULE ESTABLISHED BY THE 18 DEPARTMENT OF PUBLIC SAFETY UNDER AS 18.70.310]. 19 * Sec. 7. AS 29.35.530(a) is amended to read: 20 (a) The Department of Environmental Conservation [PUBLIC SAFETY, 21 DIVISION OF FIRE PREVENTION], at the request of a business or government 22 agency required to submit an inventory under AS 29.35.500 or of a municipality, shall 23 provide 24 (1) a descriptive summary of the hazardous chemicals, hazardous 25 materials, and hazardous wastes that are required to be included in an inventory; and 26 (2) inventory forms. 27 * Sec. 8. AS 29.35.590(6) is repealed and reenacted to read: 28 (6) "hazardous chemical" has the meaning given in 29 C.F.R. 29 1910.1200(c) except that it does not include 30 (A) a food, food additive, color additive, drug, or cosmetic 31 regulated by the federal Food and Drug Administration;
01 (B) a substance present as a solid in a manufactured item to the 02 extent exposure to the substance does not occur under normal conditions of 03 use; 04 (C) a substance to the extent it is used for personal, family, or 05 household purposes, or is present in the same form and concentration as a 06 product packaged for distribution and use by the general public; 07 (D) a substance to the extent it is used in a research laboratory 08 or a hospital or other medical facility under the direct supervision of a 09 technically qualified individual; or 10 (E) a substance to the extent it is used in routine agricultural 11 operations or is a fertilizer held for sale by a retailer to the ultimate customer. 12 * Sec. 9. AS 29.35.590(7) is amended to read: 13 (7) "hazardous material" means a material or substance, as defined in 14 49 C.F.R. 171.8, and any other substance determined by the Alaska State Emergency 15 Response Commission in regulations [DIVISION OF FIRE PREVENTION, OR BY 16 A MUNICIPALITY FOR PURPOSES OF ITS OWN REPORTING PROGRAM,] to 17 pose a significant health and safety hazard; ["HAZARDOUS MATERIAL" DOES 18 NOT INCLUDE FOOD, DRUGS, ALCOHOLIC BEVERAGES, COSMETICS, 19 TOBACCO, OR TOBACCO PRODUCTS INTENDED FOR PERSONAL 20 CONSUMPTION;] 21 * Sec. 10. AS 29.35.590(8) is amended to read: 22 (8) "hazardous waste" means 23 (A) a hazardous waste as defined in AS 46.03.900(a); 24 (B) a hazardous waste as identified by the Environmental 25 Protection Agency under 40 C.F.R. 261; [,] and 26 (C) any other hazardous waste defined by the Alaska State 27 Emergency Response Commission in regulations [DIVISION OF FIRE 28 PREVENTION OR BY A MUNICIPALITY FOR PURPOSES OF ITS OWN 29 REPORTING PROGRAM]; 30 * Sec. 11. AS 18.70.310; AS 29.35.530(b), and 29.35.590(2) are repealed.