HB 432: "An Act extending the termination date of the Board of Storage Tank Assistance; expanding the authority of the board to issue recommendations concerning cleanup decisions; and providing for an effective date."
00HOUSE BILL NO. 432 01 "An Act extending the termination date of the Board of Storage Tank Assistance; 02 expanding the authority of the board to issue recommendations concerning cleanup 03 decisions; and providing for an effective date." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 44.66.010(a)(18) is amended to read: 06 (18) Board of Storage Tank Assistance (AS 46.03.360) -- June 30, 2003 07 [1999]; 08 * Sec. 2. AS 46.03.420(c) is amended to read: 09 (c) An owner or operator of an underground petroleum storage tank system is 10 not eligible for a grant or loan under this section for activities related to a release 11 unless the release occurs before December 22, 1993, and the owner or operator 12 (1) establishes the following to the department's reasonable satisfaction: 13 (A) the owner or operator reported the release to the department 14 in compliance with state and federal law before July 1, 1994, for a release that
01 the owner or operator establishes first occurred on or after September 5, 1990, 02 and before December 22, 1993; 03 (B) the owner or operator promptly reported the release to the 04 department in compliance with applicable regulations; 05 (C) the tank or tank system from which the release occurred 06 was installed before December 22, 1988; 07 (D) the owner and operator have, within six months after 08 September 5, 1990, been in compliance with all state and federal laws 09 applicable to underground petroleum storage tank systems and releases from 10 them, including notification and registration laws, but excluding financial 11 responsibility requirements; 12 (E) the release was not a result of the owner's or operator's 13 gross negligence, recklessness, or intentional conduct; 14 (2) agrees to 15 (A) upgrade all underground petroleum storage tanks located at 16 the facility from which the release occurred to the standards set by state and 17 federal regulations according to a time line established by the department; 18 notwithstanding (g) of this section and AS 46.03.365(c), the department may 19 require upgrading under this subparagraph that is required earlier than that 20 required under federal law; or 21 (B) remove and properly dispose of all liquids and sludges from 22 the underground petroleum storage tanks located at the facility from which the 23 release occurred, conduct a site assessment, and either fill the tanks with inert 24 solid material or properly dismantle, remove, and dispose of the tanks in 25 accordance with applicable state and federal regulations; 26 (3) agrees to submit a plan for risk assessment, containment, corrective 27 action, and cleanup to the department for its review and approval; if the department 28 and the owner or operator cannot reach agreement on a plan , [OR] on later changes 29 in the plan, or on a cleanup decision, the owner or operator may apply to the board 30 to review the dispute; the board may issue a recommendation to the department in a 31 dispute brought to it under this paragraph ; the recommendation may include a
01 suggested time limit for completing appropriate cleanup activities or reaching a 02 cleanup decision ; and 03 (4) certifies under oath and subject to penalty for perjury, on a form 04 required by the department, that the tangible net worth of the operator is $1,000,000 05 or less as of July 1, 1999 , and, unless the tank is owned by the state or a municipality, 06 that the net worth of the owner is $1,000,000 or less as of July 1, 1999. 07 * Sec. 3. AS 46.03.422(a) is amended to read: 08 (a) The commissioner may make a loan from the storage tank assistance fund 09 to an owner or operator of an underground petroleum storage tank system for the costs 10 of risk assessment, containment, corrective action, and cleanup resulting from a release 11 of petroleum from or associated with an underground petroleum storage tank system 12 if the owner or operator submitted a timely application for a grant under AS 46.03.420 13 and agrees 14 (1) to accept a loan in the same or lesser amount instead of a grant for 15 the same project; 16 (2) to provide additional security or collateral for the loan if requested 17 by the department ; 18 (3) either to 19 (A) upgrade all underground petroleum storage tanks located at 20 the facility from which the release occurred to the standards set by state and 21 federal regulations according to a time line established by the department; or 22 (B) remove and properly dispose of all liquids and sludges from 23 the underground petroleum storage tanks located at the facility from which the 24 release occurred, conduct a site assessment, and either fill the tanks with inert 25 solid material or properly dismantle, remove, and dispose of the tanks in 26 accordance with applicable state and federal regulations; and 27 (4) to submit a plan for risk assessment, containment, corrective action, 28 and cleanup to the department for its review and approval; if the department and the 29 owner or operator cannot reach agreement on a plan , [OR] on later changes in the 30 plan, or on a cleanup decision, the owner or operator may apply to the board to 31 review the dispute; the board may issue a recommendation to the department in a
01 dispute brought to it under this paragraph ; the recommendation may include a 02 suggested time limit for completing appropriate cleanup activities or reaching a 03 cleanup decision . 04 * Sec. 4. This Act takes effect immediately under AS 01.10.070(c).