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(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 airport manager. 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 airport manager.
(c) A lessee, permittee, or concessionaire shall provide to the airport manager 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) The department may seek to require a person responsible for the contamination of airport property to remediate and return contaminated airport property to an environmentally acceptable condition to the satisfaction of any regulatory agency having jurisdiction. However, any regulatory agency approval of a proposed remediation plan that limits the future use of airport property shall be subject to approval by the airport manager before the responsible person may begin remediation activities on the airport. A person remediating contaminated airport property may not unreasonably interfere with airport operation or development unless the manager first expressly consents.
(e) If the airport manager has cause to believe a premises or other property on the airport may have been contaminated, the manager may perform an environmental assessment on the premises or property to establish the presence and source of any contamination and describe the environmental condition of the premises or property. The manager shall minimize interference with a lessee's operations while performing the study. 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 caused or materially contributed to the contamination or who assumed responsibility for the contamination under an assignment.
History: Eff. 1/14/2001, Register 157
Authority: AS 02.15.020
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Last modified 7/05/2006