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Title 18 . Environmental Conservation
Chapter 75 . Administrative Enforcement
Section 670. Schedule of civil penalties

18 AAC 75.670. Schedule of civil penalties

The schedule of civil penalties for which a person may be held liable under AS 46.03.758 (e) is established as follows:

(1) The base civil penalty for a discharge into a receiving environment is as follows:

    

    

Receiving Environment Freshwa- Marine Public ter Land Critical environments $10.00 $2.50 $1.00 Very sensitive environments N/A N/A $0.95 Sensitive environments $9.00 $2.25 $0.90 Environments without significant resources $1.00 $1.00 $0.70

(2) Toxicity, degradability, and dispersibility factors are as follows:

Factor (A) toxicity (i) highly toxic 1.0 (ii) moderately toxic 0.75 (iii) less toxic 0.50 (iv) relatively nontoxic 0.25 (B) degradability (i) low degradability 1.0 (ii) moderate degradability 0.50 (iii) high degradability 0.25 (C) dispersibility (i) high dispersibility 0.15 (ii) moderate dispersibility 0.50 (iii) low dispersibility 1.0

(3) The net civil penalty that will be assessed per gallon of oil discharged is calculated by multiplying the base penalty established in (1) of this section by the arithmetic mean of the factors established in (2) of this section. If a portion of the oil enters more than one receiving environment, the civil penalty will be based upon the most sensitive receiving environment which that portion enters.

History: Eff. 5/14/92, Register 122; am 1/30/2003, Register 165

Authority: AS 46.03.020

AS 46.03.758


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Last modified 7/05/2006