Disclaimer
Under no circumstances does an award of DBAC services imply that DEC accepts liability for any contamination that may exist at the site, nor is DEC responsible for any necessary cleanup of hazardous substances that may be found at the site. Liability for contamination on a property is specifically addressed in Alaska Statute (AS) 46.03.822, which outlines those who are liable for the release of a hazardous substance. The general liability categories include: (1) those with an ownership interest in the property; (2) those in control of the substance at the time of the release; or (3) those who arrange for disposal or transport of the substance.
Brownfield work focuses on clarifying environmental concerns associated with property for which there is no known viable responsible party. By applying for a DEC Brownfield Assessment or Cleanup, it should be clear to all parties associated with a request that the work requested of DEC is designed to identify, clarify, and in some cases, remediate environmental hindrances that currently impede the continued use, proposed use, redevelopment, or sale of a property. Work conducted by DEC may result in identifying a property as a contaminated site, and require the site be listed on DEC’s Contaminated Sites Database. With listing comes the requirement of potentially responsible and liable parties to address cleanup of contamination in accordance with regulatory requirements.