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. (၁) 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 Chapter 120 rule or otherwise; (12) "other wastes" means garbage, refuse, decayed wood, sawdust, shavings, bark, trimmings from log- (13) "person" means any individual, public or private corporation, political subdivision, government agency, municipality, industry, copartnership, association, firm, trust, estate, or any other entity whatsoever; (14) "pesticide" means any chemical or biological agent intended for preventing, destroying, repelling, or mitigating plant or animal life and any substance intended for use as a plant regulator, defoliant or desicant, including but not limited to insecticides, fungicides, rodenticides, herbicides, nematocides and biocides; (15) "pollution" means the contamination or altering of waters, land or subsurface land of the state in a manner which creates a nuisance or makes waters, land or subsurface land unclean, or noxious, or impure, or unfit so that they are actually or potentially harmful or detrimental or injurious to public health, safety or welfare, to domestic, commercial, industrial, or recreational use, or to livestock, wild animals, bird, fish, or other aquatic life; (16) "radiation" means all atomic and electronic product radiation; (17) "radiation source" means any substance, machine, or electronic product which emits radiation; (18) "sewage" means the water-carried human or animal wastes from residences, buildings, industrial establishments, or other places, together with ground water infiltration and surface water as may be present; the admixture with sewage of industrial wastes or other wastes is "sewage"; (19) "sewer system" or "sewerage system" means pipelines or conduits, pumping stations, and force mains, and all other appurtenant constructions, devices, and appliances used for conducting sewage, industrial waste, or other wastes to a point of ultimate disposal; (20) "standard" means the measure of purity of quality for waters in relation to their reasonable and necessary use as established by the department; (21) "treatment works" means a plant, disposal field, lagoon, pumping station, constructed drainage ditch or surface water intercepting ditch, incinerator, area devoted to sanitary land fills, or other works installed for the purpose of treating, neutralizing, stabilizing or disposing of sewage, industrial waste, or other wastes; (22) "waters" includes lakes, bays, sounds, Chapter 120 ponds, impounding reservoirs, springs, wells, rivers, * Sec. 4. The following laws are repealed: AS 18.05.040(11), (12) and (16); AS 18.30; AS 18.33; AS 18.60.470 - 18.60.570; AS 44.62.330(a)(26) and (29); AS 46.05; AS 46.10; AS 41.03. * Sec. 5. All litigation, hearings, investigations and other proceedings pending under any law amended or functions which may be transferred by this Act, continue in effect and may be continued and completed notwithstanding any such transfer or amendment provided for in this Act. Certificates, orders, rules or regulations issued or filed under authority of a law amended by this Act or functions which may be transferred by this Act, remain in effect for the term issued, unless or until revoked, vacated, or otherwise modified under the provisions of this Act. All contracts or other obligations created by any law amended by this Act or by virtue of functions which may be transferred by this Act, and in effect on the effective date of this Act, remain in effect unless or until revoked, or modified under the provisions of this Act. * Sec. 6. This Act takes effect July 1, 1971. Approved by governor: -23 May 27, 1971 Requesting the establishment of an estuarine research center at Douglas, Alaska. . BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF ALASKA: WHEREAS the combination of existing fisheries with suitable study areas make Southeast Alaska an ideal location for a major subarctic estuarine research center; and WHEREAS, because the myriad of islands, inlets, fjords, and small and large rivers of the region constitute one enormous subarctic estuarine environment and the depth of many of the fjords provide a direct and nearby connection with oceanic waters, many large protected areas have a combination of an estuarine habitat with a nearby deep marine environment comparable with that over the continental shelf; and WHEREAS, because many species which are fished or mature offshore utilize these estuaries for spawning as well as nursery areas, the region sustains a multimillion dollar fishing industry including salmon, halibut, herring, shrimp, crab and other shellfish; and WHEREAS the wide variety of environments and marine species available to a Southeastern Alaska estuarine laboratory would lend themselves to several possible research programs, both basic and applied, including marine ecology, the role of estuaries in oceanic productivity, aquaculture and experimental ecosystems; and WHEREAS a laboratory for estuarine studies in Southeastern Alaska would have application to a wide variety of projects of direct national interest and indirect benefits would accrue to existing fisheries in the area; and |