Section 18.75.670. Schedule of civil penalties.

The schedule of civil penalties for which a person may be held liable under AS 46.03.758(e) is established as follows:  
		(1) The base civil penalty for a discharge into a receiving environment is as follows:  
Receiving Environment               Freshwa-        Marine           Public
                                      ter                             Land
Critical environments                $10.00          $2.50           $1.00
Very sensitive environments           N/A             N/A            $0.95
Sensitive environments               $9.00           $2.25           $0.90
Environments without
significant resources                $1.00           $1.00           $0.70
      (2) Toxicity, degradability, and dispersibility factors are as follows: 
                                                                       Factor 
    (A) toxicity 
     (i) highly toxic                                                     1.0 
     (ii) moderately toxic                                               0.75 
     (iii) less toxic                                                    0.50 
     (iv) relatively nontoxic                                            0.25 
    (B) degradability 
     (i) low degradability                                                1.0 
     (ii) moderate degradability                                         0.50 
     (iii) high degradability                                            0.25 
    (C) dispersibility 
     (i) high dispersibility                                             0.15 
     (ii) moderate dispersibility                                        0.50 
     (iii) low dispersibility                                             1.0  
		(3) The net civil penalty that will be assessed per gallon of oil discharged is calculated by multiplying the base penalty established in (1) of this section by the arithmetic mean of the factors established in (2) of this section. If a portion of the oil enters more than one receiving environment, the civil penalty will be based upon the most sensitive receiving environment which that portion enters.  

Authorities

46.03.020;46.03.758

Notes

Reference

18 AAC 75.605

Authority

AS 46.03.020 AS 46.03.758 ________________________

History

Eff. 5/14/92, Register 122; am 1/30/2003, Register 165