Section 18 AAC 75.670 - Schedule of civil penaltiesThe 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 Freshwater Marine Public 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 (ii) moderately toxic 0.75 (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 dispersibility1.0(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.Eff. 5/14/92, Register 122; am 1/30/2003, Register 165Authority:AS 46.03.020
AS 46.03.758