FY2013-12 To Dispose of City of Kodiak Land for Class B Compost at Landfill 1
Introduced by: KIB Manager
Requested by: KIB Manager
Drafted by: Resource Management Officer
Introduced: 12/20/2012
Public Hearing: 12/20/2012
Adopted: 12/20/2012
2
3 KODIAK ISLAND BOROUGH
4 ORDINANCE NO. FY2013 -12
5
6 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
7 TO DISPOSE OF, BY PERMIT OR LICENSE, TO THE CITY OF KODIAK A PORTION OF
8 LAND UP TO 27,720 SQUARE FEET LOCATED ON TOP OF THE ACTIVE LANDFILL AT
9 1203 MONASHKA BAY ROAD EAST TO TEMPORARILY PRODUCE CLASS B
10 COMPOST UNTIL APRPDXIMATELY AUGUST 15, 2013
11
12 WHEREAS, the sewage sludge processed through the wastewater treatment plant
13 (biosolids) has been disposed of at the existing Kodiak Island Borough (KB) landfill for many
14 years; and
15
16 WHEREAS, a memorandum of agreement (MCA) between the City of Kodiak (City) and
17 the Kodiak Island Borough dated August 14, 2007 agreed that the landfill will continue to
18 accept sludge from the treatment plant until landfill operations preclude KIB's ability to
19 accept sludge, at which time KIB would provide the City with a notification of that
20 determination six months prior; and
21
22 WHEREAS, in a letter dated June 5, 2012, the Borough Manager notified the City
23 Manager that due to operational difficulties at the active face of the landfill precipitated by
24 increased volumes of sludge, the KIB will be unable to accept sewage sludge at the landfill
25 after December 15, 2012; and
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27 WHEREAS, the City has spent a considerable amount of time and resources since that
28 notification to identify solutions for the disposal of the biosolids at a location other than the
29 landfill; and
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31 WHEREAS, completion of ADEC permitting review for composting of the biosolids into
32 Class A EQ compost at other identified sites may take months or longer; and
33
34 WHEREAS, a short -term solution to stockpiling biosolids using ADEC's approved method
35 until a permit to compost to Class A EQ standards can be issued would require additional
36 transporting and handling at substantial cost to the City; and
37
38 WHEREAS, City and Borough staffs have been working cooperatively to find both short-
39 term and long -term solutions for the safe and affordable disposal of the community's
40 biosolids; and
41
Kodiak Island Borough, Alaska Ordinance No. FY2013 -12
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42 WHEREAS, an area of approximately 27,720 sq. ft. has been identified at the landfill that
43 can serve in the short -term for processing biosolids into Class B compost, which would then
44 be disposed of in the landfill to fill voids and help shape the contours in preparation for final
45 cover and closure; and
46
47 WHEREAS, in a memo dated December 13, 2013 the City Manager has expressed
48 willingness to enter into an agreement to deliver biosolids to this identified area of the landfill
49 and utilize a City contractor to compost and dispose of it within the landfill as directed by
50 landfill staff; and
51
52 WHEREAS, ADEC has approved of this area within the landfill for processing biosolids
53 into Class B compost, and has approved Class B compost as a cover material acceptable at
54 the landfill; and
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56 WHEREAS, KIBC 18.20.170 defines "disposal" as any transfer of real property including
57 revocable license; and
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59 WHEREAS, this temporary land use license will continue the cooperative efforts consistent
60 with the MOA between the KIB and the City for delivery to and utilization at the landfill for
61 biosolids, offering a short-term solution benefiting the community and ratepayers while giving
62 the City time to implement a long range solution for processing the biosolids into Class A EQ
63 compost as originally planned.
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65 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND
66 BOROUGH THAT:
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68 Section 1: This non -code ordinance is of a temporary and non - permanent nature and
69 shall not become a part of the Kodiak Island Borough Code of Ordinances;
70 and
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72 Section 2: In order for the City to utilize the land identified at the KIB landfill for
73 processing of biosolids into Class B compost, KIB and the City will enter into a
74 Land Use License Agreement for use of KIB Property. The land use license
75 agreement will outline issues related to insurance, safety, liability, and
76 indemnification, and is subject to approval by the Borough Attorney prior to
77 being signed by the Borough Manager. The license agreement is temporary
78 and will terminate on approximately August 15, 2013; and
79
80 Section 3: This ordinance exempts the permit from the requirements of KIBC
81 18.20.030(A) Planning and Zoning Commission review and recommendation
82 to the Assembly, to the extent such review may be required, due to the
83 temporary and critical nature of this public need, the diligence of the City of
84 Kodiak in investigating other sites, and the expense associated with using
85 alternative location; and
86
Kodiak Island Borough, Alaska Ordinance No. FY2013 -12
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87 Section 4: The Borough Manager is authorized to execute and deliver on behalf of the
88 Kodak Island Borough a temporary land use license agreement, in
89 substantially the form presented at this meeting, to be entered into between
90 the KIB and the City of Kodiak for use by the City and its contractor of a
91 27,720 sq. ft. area within the Borough Landfill for the processing of biosolids
92 from the treatment plant into Class B compost for utilization at the landfill.
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94 Section 5: This ordinance shall be effective upon adoption.
95
96 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
97 THIS TWENTY SEVENTH DAY OF DECEMBER, 2012
98
99 KODIAK ISLAND BOROUGH
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101 1 ' //
102
103 J4ome M. Selby, Boro • a a of-
104
105 ATTEST:
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109 Nova M. Javier, MMC, Bo -`ugh Clerk
Kodiak Island Borough, Alaska Ordinance No. FY2013 -12
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