Chapter 120 an onshore or offshore facility, as soon as he has knowledge of any discharge from the vessel or facility in violation of a provision of this chapter shall immediately notify the department of the discharge. Sec. 46.03.760. POLLUTION PENALTIES. (a) A person who violates secs. 710, 730, 740, or 750 of this chapter is guilty of a misdemeanor and upon conviction is punishable by a fine of not more than $25,000, or by imprisonment for not more than one year, or by both. Each unlawful act constitutes a separate offense. (b) In addition to the penalties provided in (a) of this section a person who violates secs. 740 - 750 of this chapter is liable, in a civil action, to the state for liquidated damages to be assessed by the court for an amount not less than $5,000 nor more than $100,000, depending on the severity of the violation. (c) In addition to the penalties provided in (a) of this section, a person who violates a provision of sec. 750 of this chapter is liable to the state, in a civil action, in the case of a vessel, for damages in an amount not to exceed $100 per gross ton of the violating vessel or $14 million, whichever is less and in the case of an onshore or offshore facility $100 for every $500 evaluation of the violating facility or $14 million whichever is less. However, if the state shows that a violation of sec. 750 of this chapter was the result of wilful negligence or wilful misconduct on the part of the person charged with the violation, the person is liable to the state for the full amount of damages caused. the case of wilful negligence or wilful misconduct "damages", in this subsection, means costs associated with the abatement, containment or removal of a pollutant and reasonable restoration of the environment to its former state. In (a) A person who falsely certifies information required under sec. 750 of this chapter, upon conviction, is punishable by a fine of not more than $25,000, or by imprisonment for not more than one year, or by both. Each unlawful act constitutes a separate offense. (e) Nothing in this section affects an individual's right to recover damages under other applicable statutes or the common law. Sec. 46.03.770. DETENTION OF VESSEL WITHOUT WARRANT AS SECURITY FOR DAMAGES. A vessel which is used in or in aid of a violation of secs. 740 - 750 of this chapter may be detained after a valid search by the department, an agent of the department, a peace officer of the state, or an authorized protection officer of the Department of Fish and Game. Upon judgment of the court having jurisdiction that the vessel was used in or the cause of a violation of secs. 740 750 of this chapter with knowledge of its owner or under circumstances indicating that the owner should reasonably have had such knowledge, the vessel may be held as security for payment to the state of the amount of damages assessed by the court under sec. 760(b) of this chapter, and if the damages so assessed Chapter 120 are not paid within 30 days after judgment or final A Sec. 46.03.780. LIABILITY FOR RESTORATION. (a) person who violates a provision of this chapter, or who fails to perform a duty imposed by this chapter, or violates or disregards an order, permit, or other determination of the department made under the provisions of this chapter, and thereby causes the death of fish, animals, or vegetation or otherwise injures or degrades the environment of the state is liable to the state for damages. (b) Liability for damages under (a) of this section includes an amount equal to the sum of money required to restock injured land or waters, to replenish a damaged or degraded resource, or to otherwise restore the environment of the state to its condition before the injury. (c) Damages under (a) of this section shall be recovered by the attorney general on behalf of the state. Sec. 46.03.790. WILFUL VIOLATION. (a) A person found guilty of wilfully violating a provision of this chapter, or a regulation, written order or directive of the department or of a court made under this chapter is guilty of a misdemeanor, and upon conviction shall be punished by a fine of not more than $1,000 and costs of prosecution, or by imprisonment for not more than one year, or by both such fine, cost, and imprisonment at the discretion of the court. (b) Each day upon which a wilful violation of the provisions of this chapter occurs may be considered a separate and additional violation. Sec. 46.03.800. WATER NUISANCES. (a) A person is guilty of creating or maintaining a nuisance if he puts a dead animal carcass, or part of one, excrement, or a putrid, nauseous, noisome, decaying, deleterious, or offensive substance into, or in any other manner befouls, pollutes, or impairs the quality of a spring, brook, creek, branch, well, or pond of water which is or may be used for domestic purposes. (b) A person who neglects or refuses to abate the nuisance upon order of the department is guilty of a misdemeanor and is punishable as provided in sec. 790 of this chapter. In addition to this punishment, the court shall assess damages against the defendant for the expenses of abating the nuisance. Sec. 46.03.810. AIR AND LAND NUISANCES. (a) A Chapter 120 person is guilty of creating or maintaining a nuisance if he (1) places or deposits upon a lot, street, beach, premises or upon, or within 200 feet of a public highway, unless the highway abuts upon tidal water, any garbage, offal, dead animals, or any other matter or thing, which would be obnoxious or cause the spread of disease or in any way endanger the health of the community; (2) allows to be placed or deposited upon any premises owned by him or under his control garbage, offal, dead animals, or any other matter or thing which would be obnoxious or offensive to the public or which would produce, aggravate, or cause the spread of disease or in any way endanger the health of the community. (b) A person who neglects or refuses to abate the nuisance upon order of an officer of the department of environmental conservation is guilty of a misdemeanor and is punishable as provided in sec. 790 of this chapter. In addition to this punishment, the court shall assess damages against the defendant for the expenses of abating the nuisance. Sec. 46.03.820. EMERGENCY POWERS. (a) When the department finds, after investigation, that a person is causing, engaging in or maintaining a condition or activity which, in the judgment of its commissioner presents an imminent or present danger to the health or welfare of the people of the state or would result in or be likely to result in irreversible or irreparable damage to the natural resources or environment, and it appears to be prejudicial to the interests of the people of the state to delay action until an opportunity for a hearing can be provided, the department may, without prior hearing, order that person by notice to discontinue, abate or alleviate such condition or activity. The proscribed condition or activity shall be immediately discontinued, abated or alleviated. (b) Upon receipt of an order of the department made under (a) of this section, the person affected shall have the right to be heard and to present proof to the department that the condition or activity does not constitute an actual or potential source of irreversible or irreparable damage to the natural resources or environment of the state, or that the order may constitute a substantial private hardship. (c) In the commissioner's discretion or upon application made by the recipient of an order within 15 days of receipt of the order, the department shall schedule a hearing at the earliest possible time. The hearing shall be scheduled within five days of the receipt of the application. The submission of an application or the scheduling of a hearing shall not stay the operation of the department's order made under (a) of this section. (a) After a hearing the department may affirm, modify or set aside the order. An order affirmed, modified or set aside after hearing is subject to judicial 71-186 - 72 - 16 Chapter 120 review as provided in AS 44.62.560. The order is not stayed pending judicial review unless the commissioner so directs. If an order is not immediately complied with, the attorney general, upon request of the commissioner, shall seek enforcement of the order. (e) The department may adopt additional regulations prescribing the procedure to be followed in the issuance of emergency orders. Sec. 46.03.840. RADIATION PENALTIES. A person who violates secs. 260 - 280 of this chapter is, upon conviction, punishable by a fine of not more than $100, or by imprisonment for not more than six months, or by both. Each day upon which a violation occurs constitutes a separate offense. Sec. 46.03.860. INSPECTION WARRANT. The department is authorized to seek search warrants for the purpose of investigating actual or suspected sources of pollution or contamination or to ascertain compliance or noncompliance with this chapter or a regulation promulgated under this chapter. Sec. 46.03.870. ACTIONABLE RIGHTS. (a) The bases for proceedings or actions resulting from violations of this chapter or a regulation promulgated under this chapter inure solely to and are for the benefit of the state, and are not intended to in any way create new, or enlarge existing rights of persons or groups of persons in the state. (b) A determination or order of the department creates no presumption of law or finding of fact inuring to or for the benefit of persons other than the state. (c) This chapter shall not be construed to estop the state, persons or political subdivisions of the state in the exercise of their rights to suppress nuisances, to seek damages, or to otherwise abate or recover for the effects of pollution or other environmental degradation. Sec. 46.03.880. APPLICABILITY OF THE ADMINISTRATIVE PROCEDURE ACT. Except as otherwise specifically provided in this chapter, the Administrative Procedure Act (AS 44.62) governs the activities and the proceedings of the department. Sec. 46.03.890. ENFORCEMENT AUTHORITY. The following persons are authorized to enforce this chapter: sioner; (1) a state employee authorized by the commis (2) a police officer of the state. Sec. 46.03.900. DEFINITIONS. In this chapter (1) "air contaminant" means dust, fumes, mist, smoke, other particulate matter, vapor, gas, odorous Chapter 120 substances or a combination of these; (2) "air pollution" means the presence in the outdoor atmosphere of one or more air contaminants in quantities and duration that tend to be injurious to human health or welfare, animal or plant life or property or would unreasonably interfere with the enjoyment of life or property; radiation; (3) "atomic radiation" means all ionizing (4) "broadcast chemicals" means chemical substances which are released into the air or onto land or water for the purpose of preventing, destroying, repelling, stimulating or retarding plant or animal life, or chemical substances released for meteorological control, oil spill control or fire control; (5) "commissioner" means the commissioner of environmental conservation; (6) "department" means the Department of Environmental Conservation; (7) product which "electronic product" means a manufactured (A) when in operation, contains or acts as part of an electronic circuit and emits, or in the absence of effective shielding or other controls would emit, electronic product radiation; or (B) is intended for use as a component, part, or accessory of a product described in (A) of this paragraph and which when in operation emits, or in the absence of effective shielding or other controls would emit, electronic product radiation; (8) "electronic product radiation" means an atomic radiation or nonionizing, electro-magnetic or particulate radiation, or a sonic, infrasonic, or ultrasonic wave which is emitted from an electronic product as the result of the operation of an electronic circuit in the product; (9) "industrial waste" means a liquid, gaseous, solid, or other waste substance or a combination of them resulting from process of industry, manufacturing trade or business, or from the development of natural resources; however, gravel, sand, mud, or earth taken from its original situs and put through sluice boxes, dredges, or other devices for the washing and recovery of the precious metal contained in them and redeposited in the same watershed from which it came is not industrial waste; (10) "motor vehicle" has the same meaning as in AS 28.20.630; (11) "municipality" means an organized borough or an incorporated city outside an organized borough, and includes all classes of boroughs and cities whether home |