AS Title 44, Chapter 46: Department of Environmental Conservation

Article 1. Organization. Chapter 46. Department of Environmental Conservation. Sec. 44.46.010. Commissioner of environmental conservation. The principal executive officer of the Department of Environmental Conservation is the commissioner of environmental conservation. Sec. 44.46.020. Duties of department. (a) The Department of Environmental Conservation shall (1) have primary responsibility for coordination and development of policies, programs, and planning related to the environment of the state and of the various regions of the state; (2) have primary responsibility for the adoption and enforcement of regulations setting standards for the prevention and abatement of all water, land, subsurface land, and air pollution, and other sources or potential sources of pollution of the environment, including by way of example only, petroleum and natural gas pipelines; (3) promote and develop programs for the protection and control of the environment of the state; (4) take actions that are necessary and proper to further the policy declared in AS 46.03.010 ; (5) adopt regulations for (A) the prevention and control of public health nuisances; (B) the regulation of sanitation and sanitary practices in the interest of public health; (C) standards of cleanliness and sanitation in connection with the construction, operation, and maintenance of a camp, cannery, food handling establishment, food manufacturing plant, mattress manufacturing establishment, industrial plant, school, barbershop, hairdressing, hair braiding, manicuring, esthetics, tattooing, permanent cosmetic coloring, body piercing, or ear piercing establishment, soft drink establishment, beer and wine dispensaries, and for other similar establishments in which lack of sanitation may create a condition that causes disease; (D) the regulation of quality and purity of commercially compressed air sold for human respiration. (b) The department's regulations for tattooing, permanent cosmetic coloring shops, and body piercing shops must include requirements that (1) the shop be equipped with appropriate sterilizing equipment, with availability of hot and cold running water, and with an appropriate waste receptacle; (2) the owner of the shop is responsible for ensuring that case history cards are kept for each client for a period of three years after the client's most recent tattooing, permanent cosmetic coloring, or body piercing; (3) a practitioner in the shop may use only instruments for tattooing, permanent cosmetic coloring, or body piercing that have been sterilized in accordance with methods approved by the department. Sec. 44.46.025. Fees for services. (a) Except as otherwise provided in AS 37.10.050 — 37.10.056, the Department of Environmental Conservation may adopt regulations that prescribe reasonable fees, and establish procedures for the collection of those fees, to cover the applicable direct costs, not including travel except in the case of a designated regulatory service, as that term is defined in AS 37.10.058 , of inspections, permit preparation and administration, plan review and approval, and other services provided by the department relating to (1) animals and animal products under AS 03.05 ; food, drugs, and cosmetics under AS 17.20 ; and public accommodations and facilities under AS 18.35 ; (2) certificates of inspection for motor vehicles under AS 46.14.400 or 46.14.510; (3) drinking water systems under AS 46.03.720 ; (4) water and wastewater operator training under AS 46.30 ; (5) waste management and disposal authorizations under AS 46.03.100 ; (6) certification of laboratories conducting environmental analyses of public drinking water systems or of oil or hazardous substances, or conducting other analyses required by the department; (7) certification of federal permits or authorizations under 33 U.S.C. 1341 (sec. 401, Clean Water Act); (8) regulation of point source discharges of pollutants under the program authorized by AS 46.03.020 (12); (9) regulation of pesticides and broadcast chemicals registered under AS 46.03.320 (a)(4), with a reasonable fee not to exceed $120; (10) licensing of pesticide applicators under AS 46.03.320 (b), with a reasonable fee not to exceed $25. (b) The department may not charge a fee for a service that is provided by a municipality under a delegation by the department to the municipality. (c) The department may adopt regulations that prescribe reasonable fees to cover the direct and indirect costs of air quality permit programs under AS 46.14 and may establish procedures for the collection of those fees. (d) Notwithstanding (a) of this section, the department may not charge a fee for inspection, permit preparation and administration, plan review and approval, or other services provided by the department under AS 03.05 or AS 44.46.020 (a)(5) to a school. In this subsection, “school” means a public school or private school for children of school age, as defined in AS 14.03.070 , or a head start center that receives federal financial assistance under 42 U.S.C. 9835. (e) In (a)(9) and (10) of this section, “reasonable fee” means a fee that does not unduly interfere in the conduct of commerce in the state. Sec. 44.46.028. Flow-through hot springs. (a) A flow-through hot springs, whether natural or modified, when used for perceived medicinal or esthetic purposes, is exempt from further water quality regulation by the Department of Environmental Conservation while the fecal coliform count is maintained at 100 colonies or less per 100 milliliters and the body of water is free from dangerous levels of disease-causing pathogens or chemicals. (b) In this section, “flow-through hot springs” means a body of water in which naturally occurring geothermal water enters the body of water to replace an equal amount of water constantly being drained from the body of water. Sec. 44.46.029. Dental radiological equipment. This chapter does not authorize the department to register, inspect, test, or otherwise regulate dental radiological equipment or records relating to dental radiological equipment regulated by the Department of Health under AS 44.29.020 (d). Secs. 44.46.030 — 44.46.050. Environmental Advisory Board. [Repealed, § 13 ch 43 SLA 1994.] Secs. 44.46.070 — 44.46.110. Alaska Council on Science and Technology. [Repealed, E.O. No. 48, § 6 (1981).]