CSSB 69(RES): "An Act relating to hazardous chemicals, hazardous materials, and hazardous waste."
00CS 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 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) Unless the Alaska State Emergency Response Commission or a 17 municipality, after public hearing, removes a substance listed in this subsection 18 from the reporting requirements within its jurisdiction, the [THE] following 19 quantities of hazardous chemicals, hazardous materials, and hazardous wastes shall be 20 reported in an inventory required under this section, and the commission [DIVISION 21 OF FIRE PREVENTION] or a municipality may require the reporting of smaller 22 quantities: 23 (1) any quantity of a hazardous material of the hazard class identified 24 in federal placarding regulations as [OF] 25 (A) [POISON A; 26 (B)] Poison Gas Hazard Division No. 2.3 and Poisons 6.1 [B]; 27 (B) Explosives 1.1 [(C) CLASS A EXPLOSIVE]; 28 (C) Explosives 1.2 and 1.3, excluding smokeless gunpowder, 29 black powder, and ammunition [(D) CLASS B EXPLOSIVE]; 30 (D) [(E)] Flammable solid Divisions 4.1, 4.2, and 4.3 31 [(DANGEROUS WHEN WET)]; or
01 (E) [(F)] Radioactive Hazard Class 7; 02 (2) [A CONSUMER COMMODITY OF A HAZARDOUS MATERIAL 03 IN A QUANTITY OF MORE THAN 1,000 POUNDS; 04 (3)] a hazardous chemical, or a hazardous material other than one 05 described in (1) of this subsection, if handled in a single day in an amount equal to or 06 greater than 10,000 [500] pounds; 07 (3) [(4)] acute hazardous waste in a quantity of 2.2 pounds or more; 08 (4) [(5)] hazardous waste in a quantity of 220 pounds or more; and 09 (5) [(6)] extremely hazardous substances in a quantity equal to or more 10 than 500 pounds or the threshold planning quantity, whichever is less [; AND 11 (7) COMPRESSED GASSES EQUAL TO OR MORE THAN 200 12 CUBIC FEET AT STANDARD TEMPERATURE AND PRESSURE]. 13 * Sec. 5. AS 29.35.510 is amended to read: 14 Sec. 29.35.510. INSPECTIONS; PENALTIES. A municipality may conduct 15 inspections, and establish and impose penalties, necessary to ensure compliance with 16 reporting requirements adopted under AS 29.35.500 [AND PLACARDING 17 REQUIREMENTS ADOPTED UNDER AS 18.70.310]. 18 * Sec. 6. AS 29.35.520 is amended to read: 19 Sec. 29.35.520. FEES. A municipality may impose appropriate fees to fully 20 or partially compensate for the cost of processing reports and administering inspections 21 under AS 29.35.500 - 29.35.510 [AND THE COST OF PROVIDING PLACARDS 22 UNDER AS 18.70.310. THE MUNICIPALITY MAY ESTABLISH A FEE 23 SCHEDULE DIFFERENT FROM THE SCHEDULE ESTABLISHED BY THE 24 DEPARTMENT OF PUBLIC SAFETY UNDER AS 18.70.310]. 25 * Sec. 7. AS 29.35.530(a) is amended to read: 26 (a) The Department of Environmental Conservation [PUBLIC SAFETY, 27 DIVISION OF FIRE PREVENTION], at the request of a business or government 28 agency required to submit an inventory under AS 29.35.500 or of a municipality, shall 29 provide 30 (1) a descriptive summary of the hazardous chemicals, hazardous 31 materials, and hazardous wastes that are required to be included in an inventory; and
01 (2) inventory forms. 02 * Sec. 8. AS 29.35.590(6) is repealed and reenacted to read: 03 (6) "hazardous chemical" has the meaning given in 29 C.F.R. 04 1910.1200(c) except that it does not include 05 (A) a food, food additive, color additive, drug, or cosmetic 06 regulated by the federal Food and Drug Administration; 07 (B) a substance present as a solid in a manufactured item to the 08 extent exposure to the substance does not occur under normal conditions of 09 use; 10 (C) a substance to the extent it is used for personal, family, or 11 household purposes, or is present in the same form and concentration as a 12 product packaged for distribution and use by the general public; 13 (D) a substance to the extent it is used in a research laboratory 14 or a hospital or other medical facility under the direct supervision of a 15 technically qualified individual; or 16 (E) a substance to the extent it is used in routine agricultural 17 operations or is a fertilizer held for sale by a retailer to the ultimate customer. 18 * Sec. 9. AS 29.35.590(7) is amended to read: 19 (7) "hazardous material" means a material or substance, as defined in 20 49 C.F.R. 171.8, and any other substance determined by the Alaska State Emergency 21 Response Commission in regulations [DIVISION OF FIRE PREVENTION, OR BY 22 A MUNICIPALITY FOR PURPOSES OF ITS OWN REPORTING PROGRAM,] to 23 pose a significant health and safety hazard; "hazardous material" does not include food, 24 drugs, alcoholic beverages, cosmetics, tobacco, or tobacco products intended for 25 personal consumption; 26 * Sec. 10. AS 29.35.590(8) is amended to read: 27 (8) "hazardous waste" means 28 (A) a hazardous waste as defined in AS 46.03.900(a); 29 (B) a hazardous waste as identified by the Environmental 30 Protection Agency under 40 C.F.R. 261; [,] and 31 (C) any other hazardous waste defined by the Alaska State
01 Emergency Response Commission in regulations [DIVISION OF FIRE 02 PREVENTION OR BY A MUNICIPALITY FOR PURPOSES OF ITS OWN 03 REPORTING PROGRAM]; 04 * Sec. 11. AS 18.70.310; AS 29.35.530(b), and 29.35.590(2) are repealed.