How is the Cost Recovery Program hourly rate established?
The standard hourly rate for regular time is established by averaging the actual quarterly cost of positions by job class, then adding the indirect rate to the average hourly rate. This process is outlined in 18 AAC 75.910.
What other State Departments are involved in enforcing the cost recovery?
The DEC's enforcement of the cost recovery is through the State's Department of Law.
Why am I receiving an invoice from Spill Prevention and Response (SPAR)?
In accordance with Alaska Statute 46.08.070, the state is authorized to recover the costs incurred in the cleanup and containment of oil or hazardous substance that has been released. After reviewing the incident, the Department of Environmental Conservation (DEC) determined that you are the responsible party for these costs.
Who is liable for the release of hazardous substances under Alaska law?
According to Alaska Statute 46.03.822, liability is imposed on several parties including:
the owner of, and the person having control over, the hazardous substance at the time of the release or threatened release;
the owner and the operator of a vessel or facility, from which there is a release, or a threatened release that causes the incurrence of response costs, of a hazardous substance;
any person who, at the time of disposal of any hazardous substance, owned or operated any facility or vessel at which the hazardous substances were disposed of, from which there is a release, or a threatened release that causes the incurrence of response costs, of a hazardous substance;
any person who by contract, agreement, or otherwise arranged for disposal or treatment, or arranged with a transporter for transport for disposal or treatment, of hazardous substances owned or possessed by the person, other than domestic sewage, or by any other party or entity, at any facility or vessel owned or operated by another party or entity and containing hazardous substances, from which there is a release, or a threatened release that causes the incurrence of response costs, of a hazardous substance;
any person who accepts or accepted any hazardous substances, other than refined oil, for transport to disposal or treatment facilities, vessels or sites selected by the person, from which there is a release, or a threatened release that causes the incurrence of response costs, of a hazardous substance.
This statute establishes strict liability, meaning that the responsible party is held liable regardless of fault.
Who determined I was liable?
Your potential liability was determined by the Spill Prevention and Response (SPAR) program staff. Once the determination was made, an official notification was sent to identified responsible parties.
What costs are included in my invoice?
18 AAC 75.910(b) lists the response costs you may be billed for. This includes but is not limited to personnel time spent on response activities, equipment and materials used, expenses for third-party contractors, travel-related costs for staff, and associated administrative or overhead expenses. Response costs can also include late fees for delayed payment, and legal costs. The invoice reflects the costs necessary to address the spill or hazardous substance release.
What happens if I do not pay the invoice on time?
Failure to pay as required under Alaska Statute 46.08.070 may result in additional penalties, including interest charges and possible legal action to recover the outstanding amount. Timely payment is critical to avoid these further measures.
When do late fees (interest) start accruing on the unpaid amount?
Under 18 AAC 75.910 (e), SPAR is authorized to charge late fees on outstanding balances. Under current policy, late fees start accruing 60 days after the invoice date.
What are my payment options if I cannot pay my bill?
Under 18 AAC 75.910(g), DEC, in consultation with the Department of Law, may consider your ability to pay the response costs if doing so would cause an undue financial hardship. The department may allow for a payment plan or reduce the amount owed if paying the full response costs would deprive you of ordinary and necessary assets or prevent you from covering essential business or living expenses. To request consideration, you must provide and authorize the release of sufficient financial information to clearly demonstrate the hardship. DEC will keep non-public financial information confidential to the extent that it qualifies as confidential business information, trade secrets, or personal information under AS 40.25.120.
Please make checks payable to “State of Alaska” and mail to:Alaska Department of Environmental Conservation Division of Administrative Services PO Box 111800 Juneau, AK 99811-1800
Where can I find more information about this spill or contaminated site?
You can find detailed information about spills or contaminated sites through two public databases maintained by DEC:
Contaminated Sites Database: This database provides information on known contaminated sites in Alaska. You can search by location, site name, or other criteria.
Spills Database: For information on specific spill incidents, you can use DEC's spills database, which includes details such as spill reports, response activities, and cleanup efforts.
How do I request a copy of my invoice or update the billing contact?
To request a copy of your invoice or changes to your billing contact, please email the Cost Recovery team at dec.spar.cr@alaska.gov. Be sure to include your invoice number in the request to help us assist you more efficiently.
Who can I contact for further questions or clarification regarding my invoice?
For any additional questions or clarifications about your cost recovery invoice, please contact the Cost Recovery team at dec.spar.cr@alaska.gov or 907-465-1229.
Will I be billed for questions pertaining to my invoice?
No, you will not be billed for questions pertaining to your cost recovery invoices.
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