Enrolled SB 202: Relating to the liability of a Native corporation for the release or threatened release of hazardous substances present on certain lands.
00Enrolled SB 202 01 Relating to the liability of a Native corporation for the release or threatened release of 02 hazardous substances present on certain lands. 03 _______________ 04 * Section 1. AS 46.03.822(a) is amended to read: 05 (a) Notwithstanding any other provision or rule of law and subject only to the 06 defenses set out in (b) of this section, the exceptions [EXCEPTION] set out in (i) and 07 (n) of this section, the exception set out in AS 09.65.240, and the limitation on 08 liability provided under AS 46.03.825, the following persons are strictly liable, jointly 09 and severally, for damages, for the costs of response, containment, removal, or 10 remedial action incurred by the state, a municipality, or a village, and for the 11 additional costs of a function or service, including administrative expenses for the 12 incremental costs of providing the function or service, that are incurred by the state, a 13 municipality, or a village, and the costs of projects or activities that are delayed or lost 14 because of the efforts of the state, the municipality, or the village, resulting from an
01 unpermitted release of a hazardous substance or, with respect to response costs, the 02 substantial threat of an unpermitted release of a hazardous substance: 03 (1) the owner of, and the person having control over, the hazardous 04 substance at the time of the release or threatened release; this paragraph does not apply 05 to a consumer product in consumer use; 06 (2) the owner and the operator of a vessel or facility, from which there 07 is a release, or a threatened release that causes the incurrence of response costs, of a 08 hazardous substance; 09 (3) any person who, at the time of disposal of any hazardous substance, 10 owned or operated any facility or vessel at which the hazardous substances were 11 disposed of, from which there is a release, or a threatened release that causes the 12 incurrence of response costs, of a hazardous substance; 13 (4) any person who by contract, agreement, or otherwise arranged for 14 disposal or treatment, or arranged with a transporter for transport for disposal or 15 treatment, of hazardous substances owned or possessed by the person, other than 16 domestic sewage, or by any other party or entity, at any facility or vessel owned or 17 operated by another party or entity and containing hazardous substances, from which 18 there is a release, or a threatened release that causes the incurrence of response costs, 19 of a hazardous substance; 20 (5) any person who accepts or accepted any hazardous substances, 21 other than refined oil, for transport to disposal or treatment facilities, vessels or sites 22 selected by the person, from which there is a release, or a threatened release that 23 causes the incurrence of response costs, of a hazardous substance. 24 * Sec. 2. AS 46.03.822(m) is amended by adding a new paragraph to read: 25 (3) "Native corporation" has the meaning given in 43 U.S.C. 1602(m). 26 * Sec. 3. AS 46.03.822 is amended by adding a new subsection to read: 27 (n) A Native corporation that acquired land under 43 U.S.C. 1601 et seq. 28 (Alaska Native Claims Settlement Act) is not liable under this section for a release or 29 threatened release of a hazardous substance on the land unless the Native corporation, 30 by an act or omission, caused or contributed to the release or threatened release of the 31 hazardous substance.
01 * Sec. 4. AS 46.03.822(c)(3) is repealed.