11 AAC 93.280. Emergency actions

(a) If the commissioner finds that a person is causing, engaging in, or maintaining a condition or activity that involves the use of a water resource and that presents an imminent or present danger to the health, safety, or welfare of the people of the state or the right of a prior appropriator, or, with the exception of changes in water quality, to the resource itself, the commissioner will, in his or her discretion

(1) order the person immediately to discontinue, abate, or alleviate the condition or activity; or

(2) take any other action considered necessary to alleviate the emergency.

(b) The owner of the property or the operator of the improvement or other condition that causes the emergency may be held liable for the costs associated with remedial action taken under this section, including the cost of any work done to make safe a water use structure or its appurtenances. If the person fails to make payment within 90 days, costs may be recovered by the state from the person in an action in superior court.

History: Eff. 12/29/79, Register 72; am 11/07/90, Register 116

Authority: AS 46.15.020

AS 46.15.080

AS 46.15.180

AS 46.15.255

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