Alaska Statutes 46.03.550 – Fitness for use

(a) Property for which a notice has been issued under Alaska Stat. § 46.03.500 shall be determined by the department to be fit for use if the owner certifies to the department under penalty of unsworn falsification in the second degree that

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Terms Used In Alaska Statutes 46.03.550

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

(1) based on sampling and testing procedures established by the department under Alaska Stat. § 46.03.520(b) and performed by laboratories that are on the list maintained by the department under Alaska Stat. § 46.03.520(c), the limits on substances specified in regulations adopted under Alaska Stat. § 46.03.530 are not exceeded on the property;

(2) if the property was ever sampled and tested under Alaska Stat. § 46.03.520 and the test results showed the property to be unfit for use under Alaska Stat. § 46.03.530, decontamination procedures were performed in accordance with the guidelines established under Alaska Stat. § 46.03.540(b) and the requirements of (1) of this subsection have been met; or

(3) a court has held that the determination that the property was an illegal drug manufacturing site was not made in compliance with Alaska Stat. § 46.03.500(a).

(b) The department shall maintain a list of properties for which the department has received notice under Alaska Stat. § 46.03.500(c). When the department determines under (a) of this section that a property on the list is fit for use, the department shall note on the list maintained on its Internet website under Alaska Stat. § 46.03.500(f), and on any other list or database it maintains related to illegal drug manufacturing sites, that the property is fit for use and shall notify the owner of the property that the property is fit for use. The property shall remain on the lists or databases for five years after it is determined that the property is fit for use and shall be removed from the lists or databases within three months after the five-year period has elapsed. On request, the department shall give a copy of the list maintained under this section to any person who requests the list.

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