Alaska Statutes
Alaska Stat. § 46.09.900 (2026)
Definitions
✓ current as of July 2026
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Sec. 46.09.900. Definitions.
In this chapter,
(1) “commissioner” means the commissioner of environmental conservation;
(2) “containment and cleanup” includes the direct and indirect efforts associated with the prevention, abatement, containment, or removal of a hazardous substance, and the restoration of the environment; when applied to expenses, the term includes the additional costs of providing a reasonable and appropriate function or service incurred in response to the release of the hazardous substance, including administrative expenses for the incremental costs of providing the function or service;
(3) “department” means the Department of Environmental Conservation;
(4) “hazardous substance” means (A) an element or compound that, when it enters into or on the surface or subsurface land or water of the state, presents an imminent and substantial danger to the public health or welfare, or to fish, animals, vegetation, or any part of the natural habitat in which fish, animals, or wildlife may be found; or (B) a substance defined as a hazardous substance under 42 U.S.C. 9601 — 9657 (Comprehensive Environmental Response, Compensation, and Liability Act of 1980); “hazardous substance” does not include uncontaminated crude oil or uncontaminated refined oil;
(5) “permitted release” means a release occurring under the authority of a valid permit issued by the department or by the United States Environmental Protection Agency;
(6) “release” means any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing into the environment, except that “release” does not include a permitted release or an act of nature;
(7) “service” means a function performed or service provided by the state, including functions not previously performed and services not previously provided by the state;
(8) “threatened release” means that a release is imminent; a release is imminent if
(A) it is impending, or on the point of happening; or
(B) though not impending, in the judgment of the commissioner
(i) the incident or occurrence may reasonably be expected to culminate in an actual release; and
(ii) that actual release may reasonably be expected to cause personal injury, other injury to life, or loss of or damage to property, including the environment.
Chapter 10. Pollution as Nuisance [Repealed].
[Repealed, § 4 ch 120 SLA 1971.]
Chapter 11. Conservation of Energy and Materials.
In this chapter,
(1) “commissioner” means the commissioner of environmental conservation;
(2) “containment and cleanup” includes the direct and indirect efforts associated with the prevention, abatement, containment, or removal of a hazardous substance, and the restoration of the environment; when applied to expenses, the term includes the additional costs of providing a reasonable and appropriate function or service incurred in response to the release of the hazardous substance, including administrative expenses for the incremental costs of providing the function or service;
(3) “department” means the Department of Environmental Conservation;
(4) “hazardous substance” means (A) an element or compound that, when it enters into or on the surface or subsurface land or water of the state, presents an imminent and substantial danger to the public health or welfare, or to fish, animals, vegetation, or any part of the natural habitat in which fish, animals, or wildlife may be found; or (B) a substance defined as a hazardous substance under 42 U.S.C. 9601 — 9657 (Comprehensive Environmental Response, Compensation, and Liability Act of 1980); “hazardous substance” does not include uncontaminated crude oil or uncontaminated refined oil;
(5) “permitted release” means a release occurring under the authority of a valid permit issued by the department or by the United States Environmental Protection Agency;
(6) “release” means any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing into the environment, except that “release” does not include a permitted release or an act of nature;
(7) “service” means a function performed or service provided by the state, including functions not previously performed and services not previously provided by the state;
(8) “threatened release” means that a release is imminent; a release is imminent if
(A) it is impending, or on the point of happening; or
(B) though not impending, in the judgment of the commissioner
(i) the incident or occurrence may reasonably be expected to culminate in an actual release; and
(ii) that actual release may reasonably be expected to cause personal injury, other injury to life, or loss of or damage to property, including the environment.
Chapter 10. Pollution as Nuisance [Repealed].
[Repealed, § 4 ch 120 SLA 1971.]Chapter 11. Conservation of Energy and Materials.
Notes of Decisions
Cited in 3
cases (1 in the last 5 years), 1991–2023 · leading case: Gates v. City of Tenakee Springs, 822 P.2d 455 (Alaska 1991).
Gates v. City of Tenakee Springs, 822 P.2d 455 (Alaska 1991). “020 concerns spills of “hazardous substances,” a term which is defined for the purpose of the statute in AS 46.09.900(4). Uncontaminated refined oil is not a hazardous substance under AS 46.”
Chenega Corp. v. Exxon Corp., 991 P.2d 769 (Alaska 1999). “” The statute further defines "oil” as “a derivative of a liquid hydrocarbon and includes crude oil, lubricating oil, sludge, oil refuse or another petroleum-reláted product or by-product.”
Williams Alaska Petroleum, Inc. & The Williams Companies, Inc. v. State of Alaska, Flint Hills Resources Alaska, LLC, & Flint Hills Resources, LLC, 529 P.3d 1160 (Alaska 2023). “745 prohibits the uncontrolled release of a “hazardous substance as defined in AS 46.09.900.” Alaska Statute 46.09.900(4) defines “hazardous substance” as (A) an element or compound that, when it enters into or on (continued.”
— Alaska Stat. § 46.09.900(4) — 2 cases
Gates v. City of Tenakee Springs, 822 P.2d 455 (Alaska 1991). “020 concerns spills of “hazardous substances,” a term which is defined for the purpose of the statute in AS 46.09.900(4). Uncontaminated refined oil is not a hazardous substance under AS 46.”
Chenega Corp. v. Exxon Corp., 991 P.2d 769 (Alaska 1999). “” The statute further defines "oil” as “a derivative of a liquid hydrocarbon and includes crude oil, lubricating oil, sludge, oil refuse or another petroleum-reláted product or by-product.”
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