17 AAC 45.045 - Environmental requirements
(a) A person using
an airport shall comply with all applicable environmental laws.
(b) A lessee, permittee, or concessionaire
who is required under any environmental law to submit a report or other
document about a violation or potential violation of an environmental law to a
regulatory agency shall provide a copy of the document to the department. Any
person who receives a permit from an environmental regulatory agency in
connection with the person's use of an airport shall, within ten days of
receipt of the permit, provide a copy of the permit to the
department.
(c) A lessee,
permittee, or concessionaire shall provide to the department a copy of any
notice of violation or other notice, claim, or citation alleging a violation of
an environmental law affecting airport property that a regulatory agency issues
to or files against that lessee, permittee, or concessionaire and of any
complaint filed in a court that alleges violation by the lessee, permittee, or
concessionaire of an environmental law affecting airport property.
(d) A person responsible for the
contamination of airport property shall remediate and return contaminated
airport property to an environmentally acceptable condition to the satisfaction
of any regulatory agency having jurisdiction. All plans for cleanup and
disposal activities shall be submitted in advance to the department for review
and approval and are subject to restrictions imposed by the
department.
(e) If the department
has cause to believe a premises or other property on the airport may have been
contaminated, the department may perform an environmental assessment on the
premises or property to establish the presence and source of any contamination
and to describe the environmental condition of the premises or property. While
performing the assessment, the department will not unreasonably interfere with
a lessee's use of, or access to, the lessee's premises unless the lessee first
expressly consents. The department will assume the cost of the assessment of a
premises or property if contamination is not found on the premises or property.
If contamination is found on the premises or property, the department may seek
reimbursement for the costs of assessment and cleanup of the contamination from
each person who is responsible under this chapter for the
contamination.
(f) For purposes of
this section, interference with a lessee's use of, or access to, the lessee's
premises is unreasonable if the interference
(1) poses a safety hazard or a substantial
disruption of the lessee's use of, or access to, the lessee's premises;
or
(2) can be avoided without
materially increasing the cost or materially decreasing the effectiveness of
the effort to achieve remediation satisfactory to all agencies having
jurisdiction, or a reasonable environmental assessment, as
applicable.
Notes
Authority: AS 02.15.020
AS 02.15.060
AS 02.15.090
AS 02.15.220
AS 02.15.230
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