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- Alaska Statutes.
- Title 9. Code of Civil Procedure
- Chapter 25. Evidence, Presumptions, and Privileges
- Section 480. Exceptions to Immunity; Mitigation.
previous: Section 475
. Voluntary Disclosure; Immunity.
next: Section 485
. Relationship to Other Recognized Privileges.
AS 09.25.480. Exceptions to Immunity; Mitigation.
- (a) There is no immunity under AS 09.25.475
if a court or administrative hearing officer finds that
- (1) the owner or operator claiming the immunity has
- (A) intentionally, knowingly, or recklessly committed or authorized the violation;
- (B) within the 36 months preceding the violation, committed, at the same facility or associated facilities located in the
state, a pattern of violations that are the same as or closely related to the violation for which the immunity is
- (C) not attempted to bring the facility, operation, or property into compliance so as to constitute a pattern of disregard
of environmental laws;
- (2) the violation was authorized or committed intentionally, knowingly, or recklessly by a member of the owner's or
operator's management and the owner's or operator's policies contributed materially to the occurrence of the violation;
- (3) the owner or operator, after taking into account the cost of completing corrective and remedial measures within a
reasonable time and implementing appropriate measures to prevent recurrence of the violation, realized substantial
economic savings in not complying with the requirement for which a violation is charged; the exception to immunity in
this paragraph applies only to that portion of a penalty that reflects the economic savings of noncompliance after
taking into account the cost of completing the corrective, remedial, and preventive measures necessary to qualify for
- (b) There is no immunity under AS 09.25.475
from an administrative or civil penalty for the violation of an administrative or court order or for violation of a
term or condition of an administrative or court order.
- (c) An administrative or civil penalty that is imposed on an owner or operator for violation of an environmental law when
the owner or operator has made a voluntary disclosure under AS 09.25.475
(a) but is not granted immunity because of (a) of this section may, to the extent appropriate and not prohibited by
law, be mitigated by
- (1) the good faith actions of the owner or operator in disclosing the violation;
- (2) efforts by the owner or operator to conduct environmental audits and to complete any resulting implementation plan or
tracking system for corrective and preventive action;
- (3) remediation;
- (4) cooperation with government officials investigating the disclosed violation;
- (5) the nature of the violation; and
- (6) other relevant considerations.
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