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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 26 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 30 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 Page 1 of 3 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 55 56 WHEREAS, KIBC 18.20.170 defines "disposal" as any transfer of real property including 57 revocable license; and 58 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. 64 65 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 66 BOROUGH THAT: 67 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 71 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 Page 2 of 3 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. 93 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 100 101 1 ' // 102 103 J4ome M. Selby, Boro • a a of- 104 105 ATTEST: 106 11°078 ��}��� m V V L 'I0. 109 Nova M. Javier, MMC, Bo -`ugh Clerk Kodiak Island Borough, Alaska Ordinance No. FY2013 -12 Page 3 of 3