HCS CSSB 69(RES): "An Act relating to hazardous chemicals, hazardous materials, and hazardous waste."
00HOUSE CS FOR CS FOR SENATE BILL NO. 69(RES) 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 09.65 is amended by adding a new section to read: 05 Sec. 09.65.240. LIABILITY OF THE STATE AND REGIONAL 06 EDUCATIONAL ATTENDANCE AREAS FOR RELEASE OF HAZARDOUS 07 SUBSTANCES. (a) Notwithstanding AS 46.03.822(a), neither the state nor a regional 08 educational attendance area established under AS 14.08, nor an agent or employee of 09 the state or a regional educational attendance area acting within the scope of that 10 agency or employment, is subject to liability under AS 46.03.822 for damages, as 11 defined in AS 46.03.822(k) and 46.03.824, for the release of a hazardous substance at 12 or from any facility used in relation to a regional educational attendance area school 13 as described in AS 14.08.151 or at or from any facility used in relation to a school 14 operated by the state under AS 14.16.
01 (b) In this section, 02 (1) "facility" has the meaning given in AS 46.03.826; 03 (2) "hazardous substance" has the meaning given in AS 46.03.826. 04 * Sec. 2. 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. 3. AS 18.70.100(a) is amended to read: 15 (a) A person who violates a provision of AS 18.70.010 - 18.70.100 [, 16 18.70.310,] or a regulation adopted under those sections, or who fails to comply with 17 an order issued under AS 18.70.010 - 18.70.100 [OR 18.70.310] is guilty of a class B 18 misdemeanor. When not otherwise specified, each 10 days that the violation or 19 noncompliance continues is a separate offense. 20 * Sec. 4. AS 29.35.500(a) is amended to read: 21 (a) If a municipality establishes a program for the reporting of hazardous 22 chemicals, hazardous materials, and hazardous wastes, then the municipality shall 23 require a business or a government agency that handles hazardous chemicals, 24 hazardous materials, or hazardous wastes to submit to a designated person or office of 25 the municipality, on a form approved by the Alaska State Emergency Response 26 Commission [DEPARTMENT OF PUBLIC SAFETY, DIVISION OF FIRE 27 PREVENTION], an inventory of the hazardous chemicals, hazardous materials, and 28 hazardous wastes the business or government agency handles. 29 * Sec. 5. AS 29.35.500(c) is amended to read: 30 (c) Unless the Alaska State Emergency Response Commission or a 31 municipality, after public hearing, removes a substance listed in this subsection
01 from the reporting requirements within its jurisdiction, the [THE] following 02 quantities of hazardous chemicals, hazardous materials, and hazardous wastes shall be 03 reported in an inventory required under this section, and the commission [DIVISION 04 OF FIRE PREVENTION] or a municipality may require the reporting of smaller 05 quantities: 06 (1) any quantity of a hazardous material of the hazard class identified 07 in federal placarding regulations as [OF] 08 (A) [POISON A; 09 (B)] Poison Gas Hazard Division No. 2.3 and Poisons 6.1 [B]; 10 (B) Explosives 1.1 [(C) CLASS A EXPLOSIVE]; 11 (C) Explosives 1.2 and 1.3, excluding smokeless gunpowder, 12 black powder, and ammunition [(D) CLASS B EXPLOSIVE]; 13 (D) [(E)] Flammable solid Divisions 4.1, 4.2, and 4.3 14 [(DANGEROUS WHEN WET)]; or 15 (E) [(F)] Radioactive Hazard Class 7; 16 (2) [A CONSUMER COMMODITY OF A HAZARDOUS MATERIAL 17 IN A QUANTITY OF MORE THAN 1,000 POUNDS; 18 (3)] a hazardous chemical, or a hazardous material other than one 19 described in (1) of this subsection, if handled in a single day in an amount equal to or 20 greater than 10,000 [500] pounds; 21 (3) [(4)] acute hazardous waste in a quantity of 2.2 pounds or more; 22 (4) [(5)] hazardous waste in a quantity of 220 pounds or more; and 23 (5) [(6)] extremely hazardous substances in a quantity equal to or more 24 than 500 pounds or the threshold planning quantity, whichever is less [; AND 25 (7) COMPRESSED GASSES EQUAL TO OR MORE THAN 200 26 CUBIC FEET AT STANDARD TEMPERATURE AND PRESSURE]. 27 * Sec. 6. AS 29.35.510 is amended to read: 28 Sec. 29.35.510. INSPECTIONS; PENALTIES. A municipality may conduct 29 inspections, and establish and impose penalties, necessary to ensure compliance with 30 reporting requirements adopted under AS 29.35.500 [AND PLACARDING 31 REQUIREMENTS ADOPTED UNDER AS 18.70.310].
01 * Sec. 7. AS 29.35.520 is amended to read: 02 Sec. 29.35.520. FEES. A municipality may impose appropriate fees to fully 03 or partially compensate for the cost of processing reports and administering inspections 04 under AS 29.35.500 - 29.35.510 [AND THE COST OF PROVIDING PLACARDS 05 UNDER AS 18.70.310. THE MUNICIPALITY MAY ESTABLISH A FEE 06 SCHEDULE DIFFERENT FROM THE SCHEDULE ESTABLISHED BY THE 07 DEPARTMENT OF PUBLIC SAFETY UNDER AS 18.70.310]. 08 * Sec. 8. AS 29.35.530(a) is amended to read: 09 (a) The Department of Environmental Conservation [PUBLIC SAFETY, 10 DIVISION OF FIRE PREVENTION], at the request of a business or government 11 agency required to submit an inventory under AS 29.35.500 or of a municipality, shall 12 provide 13 (1) a descriptive summary of the hazardous chemicals, hazardous 14 materials, and hazardous wastes that are required to be included in an inventory; and 15 (2) inventory forms. 16 * Sec. 9. AS 29.35.590(6) is repealed and reenacted to read: 17 (6) "hazardous chemical" has the meaning given in 29 C.F.R. 18 1910.1200(c) except that it does not include 19 (A) a food, food additive, color additive, drug, or cosmetic 20 regulated by the federal Food and Drug Administration; 21 (B) a substance present as a solid in a manufactured item to the 22 extent exposure to the substance does not occur under normal conditions of 23 use; 24 (C) a substance to the extent it is used for personal, family, or 25 household purposes, or is present in the same form and concentration as a 26 product packaged for distribution and use by the general public; 27 (D) a substance to the extent it is used in a research laboratory 28 or a hospital or other medical facility under the direct supervision of a 29 technically qualified individual; or 30 (E) a substance to the extent it is used in routine agricultural 31 operations or is a fertilizer held for sale by a retailer to the ultimate customer.
01 * Sec. 10. AS 29.35.590(7) is amended to read: 02 (7) "hazardous material" means a material or substance, as defined in 03 49 C.F.R. 171.8, and any other substance determined by the Alaska State Emergency 04 Response Commission in regulations [DIVISION OF FIRE PREVENTION, OR BY 05 A MUNICIPALITY FOR PURPOSES OF ITS OWN REPORTING PROGRAM,] to 06 pose a significant health and safety hazard; "hazardous material" does not include food, 07 drugs, alcoholic beverages, cosmetics, tobacco, or tobacco products intended for 08 personal consumption; 09 * Sec. 11. AS 29.35.590(8) is amended to read: 10 (8) "hazardous waste" means 11 (A) a hazardous waste as defined in AS 46.03.900; 12 (B) a hazardous waste as identified by the Environmental 13 Protection Agency under 40 C.F.R. 261; [,] and 14 (C) any other hazardous waste defined by the Alaska State 15 Emergency Response Commission in regulations [DIVISION OF FIRE 16 PREVENTION OR BY A MUNICIPALITY FOR PURPOSES OF ITS OWN 17 REPORTING PROGRAM]; 18 * Sec. 12. AS 46.03.822(a) is amended to read: 19 (a) Notwithstanding any other provision or rule of law and subject only to the 20 defenses set out in (b) of this section, the exception set out in (i) of this section, the 21 exception set out in AS 09.65.240, and the limitation on liability provided under 22 AS 46.03.825, the following persons are strictly liable, jointly and severally, for 23 damages, for the costs of response, containment, removal, or remedial action incurred 24 by the state, a municipality, or a village, and for the additional costs of a function or 25 service, including administrative expenses for the incremental costs of providing the 26 function or service, that are incurred by the state, a municipality, or a village, and the 27 costs of projects or activities that are delayed or lost because of the efforts of the state, 28 the municipality, or the village, resulting from an unpermitted release of a hazardous 29 substance or, with respect to response costs, the substantial threat of an unpermitted 30 release of a hazardous substance: 31 (1) the owner of, and the person having control over, the hazardous
01 substance at the time of the release or threatened release; this paragraph does not apply 02 to a consumer product in consumer use; 03 (2) the owner and the operator of a vessel or facility, from which there 04 is a release, or a threatened release that causes the incurrence of response costs, of a 05 hazardous substance; 06 (3) any person who at the time of disposal of any hazardous substance 07 owned or operated any facility or vessel at which the hazardous substances were 08 disposed of, from which there is a release, or a threatened release that causes the 09 incurrence of response costs, of a hazardous substance; 10 (4) any person who by contract, agreement, or otherwise arranged for 11 disposal or treatment, or arranged with a transporter for transport for disposal or 12 treatment, of hazardous substances owned or possessed by the person, other than 13 domestic sewage, or by any other party or entity, at any facility or vessel owned or 14 operated by another party or entity and containing hazardous substances, from which 15 there is a release, or a threatened release that causes the incurrence of response costs, 16 of a hazardous substance; 17 (5) any person who accepts or accepted any hazardous substances, other 18 than refined oil, for transport to disposal or treatment facilities, vessels or sites selected 19 by the person, from which there is a release, or a threatened release that causes the 20 incurrence of response costs, of a hazardous substance. 21 * Sec. 13. AS 18.70.310; AS 29.35.530(b), and 29.35.590(2) are repealed. 22 * Sec. 14. APPLICABILITY. (a) Except as provided in (b) of this section, the provisions 23 of AS 09.65.240, enacted by sec. 1 of this Act, apply to claims for damages caused by a 24 release of a hazardous substance that are filed on or after the effective date of sec. 1 of this 25 Act. 26 (b) The provisions of AS 09.65.240, enacted by sec. 1 of this Act, do not apply to a 27 claim by a person damaged by a release of a hazardous substance that occurs before the 28 effective date of sec. 1 of this Act if the claim is filed not more than one year after the person 29 knew or should have known that the person was damaged by the release of a hazardous 30 substance.