(a) The department is the administrating agency for Alaska Stat. § 46.04.300 – 46.04.390 and is empowered to administer and enforce Alaska Stat. § 46.04.300 – 46.04.390 using the civil or administrative authority granted to it in Alaska Stat. Chapter 46.03. However, the department may, but is not required to, assume any administration or enforcement functions other than those directly related to the environmental covenant.

Terms Used In Alaska Statutes 46.04.335

  • action: includes any matter or proceeding in a court, civil or criminal. See Alaska Statutes 01.10.060
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • municipality: means a political subdivision incorporated under the laws of the state that is a home rule or general law city, a home rule or general law borough, or a unified municipality. See Alaska Statutes 01.10.060
  • person: includes a corporation, company, partnership, firm, association, organization, business trust, or society, as well as a natural person. See Alaska Statutes 01.10.060
  • property: includes real and personal property. See Alaska Statutes 01.10.060
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
(b) A civil action for injunctive or other equitable relief for violation of an environmental covenant may be maintained by

(1) a party to the environmental covenant;
(2) the department;
(3) a person that the environmental covenant expressly grants the power to enforce the environmental covenant;
(4) a person whose interest in the real property or whose collateral or liability may be affected by the alleged violation of the environmental covenant; or
(5) a municipality or other unit of government that governs the real property subject to the environmental covenant.
(c)Alaska Stat. § 46.04.300 – 46.04.390 do not limit the regulatory authority of the department in an environmental response project.
(d) A person is not responsible for or subject to liability for environmental remediation solely because the person has the right to enforce an environmental covenant.
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