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) The department may seek to require a person responsible under this chapter 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 is subject to approval by the department before the responsible person may begin remediation activities on the airport. A person remediating contaminated airport property may not unreasonably interfere with

(1) a lessee's use of, or access to, the lessee's premises, unless

(A) the contamination is a direct result of the lessee's operations; or

(B) the lessee first expressly consents; or

(2) airport operation or development unless the department first expressly consents.

(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

(1) a lessee's use of, or access to, the lessee's premises is unreasonable if the interference

(A) poses a safety hazard or a substantial disruption of the lessee's use of, or access to, the lessee's premises; or

(B) 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;

(2) airport operation or development is unreasonable if the interference poses a safety hazard or a material disruption of airport operation or development.

History: Eff. 3/28/2002, Register 161; am 11/23/2003, Register 168

Authority: AS 02.15.020

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