HCS CSSB 39(JUD): "An Act relating to hazardous chemicals, hazardous materials, and hazardous waste."
00HOUSE CS FOR CS FOR SENATE BILL NO. 39(JUD) 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 educational attendance 06 areas for release of hazardous substances. (a) Notwithstanding AS 46.03.822(a), 07 neither the state nor a regional educational attendance area established under AS 14.08, 08 nor an agent or employee of the state or a regional educational attendance area acting 09 within the scope of that agency or employment, is subject to liability under 10 AS 46.03.822 for damages, as defined in AS 46.03.822(k) and 46.03.824, for the 11 release of a hazardous substance at or from any facility used in relation to a regional 12 educational attendance area school as described in AS 14.08.151 or at or from any 13 facility used in relation to a school operated by the state under AS 14.16. 14 (b) In this section,
01 (1) "facility" has the meaning given in AS 46.03.826; 02 (2) "hazardous substance" has the meaning given in AS 46.03.826. 03 * Sec. 2. AS 18.70.090 is amended to read: 04 Sec. 18.70.090. Enforcement authority. The Department of Public Safety and 05 the chief of each fire department recognized under regulations adopted by the 06 Department of Public Safety, and their authorized representatives in their respective 07 areas, may enforce the regulations adopted by the Department of Public Safety for the 08 prevention of fire or for the protection of life and property against fire or panic. All 09 state peace officers may assist the Department of Public Safety in the enforcement of 10 AS 18.70.010 - 18.70.100 [, 18.70.310,] and the regulations adopted under those 11 sections. The authority conferred in AS 18.70.010 - 18.70.100 [AND 18.70.310] 12 extends to the enforcement of the provisions of AS 11.46.400 - 11.46.430. 13 * Sec. 3. AS 18.70.100(a) is amended to read: 14 (a) A person who violates a provision of AS 18.70.010 - 18.70.100 15 [, 18.70.310,] or a regulation adopted under those sections, or who fails to comply with 16 an order issued under AS 18.70.010 - 18.70.100, [OR 18.70.310] is guilty of a class 17 B misdemeanor. When not otherwise specified, each 10 days that the violation or 18 noncompliance continues is a separate offense. 19 * Sec. 4. AS 26.23.071(e) is amended to read: 20 (e) The commission shall 21 (1) serve as the state emergency response commission required under 22 42 U.S.C. 11001 - 11005; 23 (2) facilitate the preparation and implementation of all emergency plans 24 prepared by state agencies under other authorities; the statewide, interjurisdictional, and 25 local plans prepared under this chapter; and the state and regional plans prepared under 26 AS 46.04.200 - 46.04.210; 27 (3) review the plans described in (2) of this subsection according to the 28 criteria established in AS 26.23.077; 29 (4) designate, and revise as necessary, the boundaries of emergency 30 planning districts under AS 26.23.073; 31 (5) establish a local emergency planning committee under
01 AS 26.23.073(d) for each emergency planning district; 02 (6) supervise and coordinate the activities of local emergency planning 03 committees; 04 (7) establish procedures for receiving and processing requests from the 05 public for information under 42 U.S.C. 11044, including tier II information under 06 42 U.S.C. 11022; procedures established under this paragraph shall designate the 07 Department of Environmental Conservation as the state agency to receive and 08 process these requests on behalf of the commission; 09 (8) review reports about responses to disaster emergencies and make 10 recommendations to the appropriate parties involved in the response concerning 11 improved prevention and preparedness; 12 (9) perform other coordinating, advisory, or planning tasks related to 13 emergency planning and preparedness for all types of hazards, community right-to- 14 know reporting, toxic chemical release reporting, or management of hazardous substances; 15 (10) recommend procedures to integrate, as appropriate, hazardous 16 substance response planning under 42 U.S.C. 11001 - 11005, federal contingency 17 planning under 33 U.S.C. 1321 and other federal laws applicable to hazardous 18 substance discharges, and state, regional, and local planning under this chapter and 19 AS 46.04.200 - 46.04.210; 20 (11) to the extent consistent with the constitution and law of the state, 21 perform all other functions prescribed for state emergency response commissions under 22 42 U.S.C. 11001 - 11005; and 23 (12) adopt regulations necessary to carry out the purposes of 24 AS 26.23.071 - 26.23.077 and 42 U.S.C. 11001 - 11005. 25 * Sec. 5. AS 29.35.500(a) is amended to read: 26 (a) If a municipality establishes a program for the reporting of hazardous 27 chemicals, hazardous materials, and hazardous wastes, then the municipality shall 28 require a business or a government agency that handles hazardous chemicals, 29 hazardous materials, or hazardous wastes to submit to a designated person or office of 30 the municipality, on a form approved by the Alaska State Emergency Response 31 Commission [DEPARTMENT OF PUBLIC SAFETY, DIVISION OF FIRE
01 PREVENTION], an inventory of the hazardous chemicals, hazardous materials, and 02 hazardous wastes the business or government agency handles. Notwithstanding other 03 provisions of this title, a municipality that establishes a program for the reporting 04 of hazardous chemicals, hazardous materials, and hazardous wastes may not 05 (1) use a form other than the one required under this section or use 06 a form in addition to the one required under this section; 07 (2) require a business or government agency to submit an inventory 08 of hazardous chemicals, hazardous materials, and hazardous wastes unless the 09 business or government agency is required to do so by the Alaska State 10 Emergency Response Commission; 11 (3) require reporting under this section of a substance not listed in 12 (c) of this section unless it is added by the commission under (c) of this section; 13 (4) require reporting under this section of a substance that is in 14 smaller quantities than provided under (c) of this section unless the reporting of 15 smaller quantities is approved by the commission under (c) of this section. 16 * Sec. 6. AS 29.35.500(c) is amended to read: 17 (c) Unless the Alaska State Emergency Response Commission or a 18 municipality, after public hearing, removes a substance listed in this subsection 19 from the reporting requirements within its jurisdiction, or unless the commission, 20 after public hearing, adds a substance to the reporting requirements of this 21 subsection or requires the reporting of smaller quantities of the substances listed 22 in this subsection, either on a statewide basis or for reporting within particular 23 municipalities, the [THE] following quantities of hazardous chemicals, hazardous 24 materials, and hazardous wastes shall be reported in an inventory required under this 25 section [, AND THE DIVISION OF FIRE PREVENTION OR A MUNICIPALITY 26 MAY REQUIRE THE REPORTING OF SMALLER QUANTITIES]: 27 (1) any quantity of a hazardous material of the hazard class identified 28 in federal placarding regulations as [OF] 29 (A) [POISON A; 30 (B)] Poison Gas Hazard Division No. 2.3 and Poisons 6.1 [B]; 31 (B) Explosives 1.1 [(C) CLASS A EXPLOSIVE];
01 (C) Explosives 1.2 and 1.3, excluding smokeless gunpowder, 02 black powder, and ammunition [(D) CLASS B EXPLOSIVE]; 03 (D) [(E)] Flammable solid Divisions 4.1, 4.2, and 4.3 04 [(DANGEROUS WHEN WET)]; or 05 (E) [(F)] Radioactive Hazard Class 7; 06 (2) [A CONSUMER COMMODITY OF A HAZARDOUS MATERIAL 07 IN A QUANTITY OF MORE THAN 1,000 POUNDS; 08 (3)] a hazardous chemical, or a hazardous material other than one 09 described in (1) of this subsection, if handled in a single day in an amount equal to or 10 greater than 10,000 [500] pounds; 11 (3) [(4) ACUTE HAZARDOUS WASTE IN A QUANTITY OF 2.2 12 POUNDS OR MORE; 13 (5) HAZARDOUS WASTE IN A QUANTITY OF 220 POUNDS OR 14 MORE; AND 15 (6)] extremely hazardous substances in a quantity equal to or more than 16 500 pounds or the threshold planning quantity, whichever is less; and 17 (4) [(7)] compressed gasses equal to or more than 1,000 [200] cubic 18 feet at standard temperature and pressure. 19 * Sec. 7. AS 29.35.510 is amended to read: 20 Sec. 29.35.510. Inspections; penalties. A municipality may conduct 21 inspections, and establish and impose penalties, necessary to ensure compliance with 22 reporting requirements adopted under AS 29.35.500 [AND PLACARDING 23 REQUIREMENTS ADOPTED UNDER AS 18.70.310]. 24 * Sec. 8. AS 29.35.520 is amended to read: 25 Sec. 29.35.520. Fees. A municipality may impose appropriate fees to fully or 26 partially compensate for the cost of processing reports and administering inspections 27 under AS 29.35.500 - 29.35.510 [AND THE COST OF PROVIDING PLACARDS 28 UNDER AS 18.70.310. THE MUNICIPALITY MAY ESTABLISH A FEE 29 SCHEDULE DIFFERENT FROM THE SCHEDULE ESTABLISHED BY THE 30 DEPARTMENT OF PUBLIC SAFETY UNDER AS 18.70.310]. 31 * Sec. 9. AS 29.35.530(a) is amended to read:
01 (a) The municipality [DEPARTMENT OF PUBLIC SAFETY, DIVISION OF 02 FIRE PREVENTION], at the request of a business or government agency required to 03 submit an inventory under AS 29.35.500 [OR OF A MUNICIPALITY], shall provide 04 (1) a descriptive summary of the hazardous chemicals, hazardous 05 materials, and hazardous wastes that are required to be included in an inventory; and 06 (2) inventory forms approved by the Alaska State Emergency 07 Response Commission. 08 * Sec. 10. AS 29.35.590(6) is repealed and reenacted to read: 09 (6) "hazardous chemical" has the meaning given in 29 C.F.R. 10 1910.1200(c) except that it does not include 11 (A) a food, food additive, color additive, drug, or cosmetic 12 regulated by the federal Food and Drug Administration; 13 (B) a substance present as a solid in a manufactured item to the 14 extent exposure to the substance does not occur under normal conditions of 15 use; 16 (C) a substance to the extent it is used for personal, family, or 17 household purposes, or is present in the same form and concentration as a 18 product packaged for distribution and use by the general public; 19 (D) a substance to the extent it is used in a research laboratory 20 or a hospital or other medical facility under the direct supervision of a 21 technically qualified individual; or 22 (E) a substance to the extent it is used in routine agricultural 23 operations or is a fertilizer held for sale by a retailer to the ultimate customer; 24 * Sec. 11. AS 29.35.590(7) is amended to read: 25 (7) "hazardous material" means a material or substance, as defined in 26 49 C.F.R. 171.8, and any other substance determined by the Alaska State Emergency 27 Response Commission in regulations [DIVISION OF FIRE PREVENTION, OR BY 28 A MUNICIPALITY FOR PURPOSES OF ITS OWN REPORTING PROGRAM,] to 29 pose a significant health and safety hazard; "hazardous material" does not include food, 30 drugs, alcoholic beverages, cosmetics, tobacco, or tobacco products intended for 31 personal consumption;
01 * Sec. 12. AS 29.35.590(8) is amended to read: 02 (8) "hazardous waste" means 03 (A) a hazardous waste as defined in AS 46.03.900; 04 (B) a hazardous waste as identified by the Environmental 05 Protection Agency under 40 C.F.R. 261; [,] and 06 (C) any other hazardous waste defined by the Alaska State 07 Emergency Response Commission in regulations [DIVISION OF FIRE 08 PREVENTION OR BY A MUNICIPALITY FOR PURPOSES OF ITS OWN 09 REPORTING PROGRAM]; 10 * Sec. 13. AS 46.03.308(a) is amended to read: 11 (a) Hazardous waste may not be transported in the state unless the waste is 12 accompanied by the uniform hazardous waste [A] manifest required under 42 13 U.S.C. 6922 - 6923 or other applicable federal law [AND THE GENERATOR HAS 14 DELIVERED A COPY OF THE MANIFEST TO THE DEPARTMENT BEFORE 15 THE TRANSPORTATION BEGINS]. 16 * Sec. 14. AS 46.03.822(a) is amended to read: 17 (a) Notwithstanding any other provision or rule of law and subject only to the 18 defenses set out in (b) of this section, the exception set out in (i) of this section, the 19 exception set out in AS 09.65.240, and the limitation on liability provided under 20 AS 46.03.825, the following persons are strictly liable, jointly and severally, for 21 damages, for the costs of response, containment, removal, or remedial action incurred 22 by the state, a municipality, or a village, and for the additional costs of a function or 23 service, including administrative expenses for the incremental costs of providing the 24 function or service, that are incurred by the state, a municipality, or a village, and the 25 costs of projects or activities that are delayed or lost because of the efforts of the state, 26 the municipality, or the village, resulting from an unpermitted release of a hazardous 27 substance or, with respect to response costs, the substantial threat of an unpermitted 28 release of a hazardous substance: 29 (1) the owner of, and the person having control over, the hazardous 30 substance at the time of the release or threatened release; this paragraph does not apply 31 to a consumer product in consumer use;
01 (2) the owner and the operator of a vessel or facility, from which there 02 is a release, or a threatened release that causes the incurrence of response costs, of a 03 hazardous substance; 04 (3) any person who at the time of disposal of any hazardous substance 05 owned or operated any facility or vessel at which the hazardous substances were 06 disposed of, from which there is a release, or a threatened release that causes the 07 incurrence of response costs, of a hazardous substance; 08 (4) any person who by contract, agreement, or otherwise arranged for 09 disposal or treatment, or arranged with a transporter for transport for disposal or 10 treatment, of hazardous substances owned or possessed by the person, other than 11 domestic sewage, or by any other party or entity, at any facility or vessel owned or 12 operated by another party or entity and containing hazardous substances, from which 13 there is a release, or a threatened release that causes the incurrence of response costs, 14 of a hazardous substance; 15 (5) any person who accepts or accepted any hazardous substances, other 16 than refined oil, for transport to disposal or treatment facilities, vessels or sites selected 17 by the person, from which there is a release, or a threatened release that causes the 18 incurrence of response costs, of a hazardous substance. 19 * Sec. 15. AS 18.70.310; AS 29.35.530(b), 29.35.590(2); and AS 46.03.308(b) are repealed. 20 * Sec. 16. APPLICABILITY. (a) Except as provided in (b) of this section, the provisions 21 of AS 09.65.240, enacted by sec. 1 of this Act, apply to claims for damages caused by a 22 release of a hazardous substance that are filed on or after the effective date of sec. 1 of this 23 Act. 24 (b) The provisions of AS 09.65.240, enacted by sec. 1 of this Act, do not apply to a 25 claim by a person damaged by a release of a hazardous substance that occurs before the 26 effective date of sec. 1 of this Act if the claim is filed not more than one year after the person 27 knew or should have known that the person was damaged by the release of a hazardous 28 substance. 29 * Sec. 17. The Alaska State Emergency Response Commission shall approve an inventory 30 form for use under AS 29.35.500 so that it is available for distribution to municipalities under 31 AS 29.35.530 by January 1, 1998.