(a) When the department finds that an actual or imminent discharge of oil, a hazardous substance, or low level radioactive materials to the air, water, land, or subsurface land of the state poses an immediate threat to the public health or welfare or the environment of the state, it may issue an order declaring an emergency and directing a person or persons to take action the department believes necessary to meet the emergency, and protect the public health, welfare, or environment. If there is an incident command system established under Alaska Stat. Chapter 26.23 or Alaska Stat. § 46.04.200 – 46.04.210 that is applicable to the situation for which the department issues an order under this subsection, the department’s exercise of authority under this subsection shall be guided by the relevant provisions of the incident command system.
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Terms Used In Alaska Statutes 46.03.865

  • action: includes any matter or proceeding in a court, civil or criminal. 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
  • state: means the State of Alaska unless applied to the different parts of the United States and in the latter case it includes the District of Columbia and the territories. See Alaska Statutes 01.10.060
(b) A person to whom an order is directed shall comply with it immediately, but on application to the department shall be given a hearing under Alaska Stat. Chapter 44.62 (Administrative Procedure Act). Thereafter the department may affirm, revoke, or modify the order.
(c) During a period of emergency declared under (a) of this section, each state agency shall take whatever action the department finds necessary to meet the emergency and to protect the public health, welfare, or environment, consistent with the responsibilities assigned to them under an incident command system established under Alaska Stat. Chapter 26.23 or Alaska Stat. § 46.04.200 – 46.04.210 if one is applicable to the situation.
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