1989-66 Concerning the Consistency Review of the Exxon Incinerator Under the Coastal Management Program.Resolution No. 89 -66 -R
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By:
Introduced:
Adopted:
KODIAK ISLAND BOROUGH
RESOLUTION NO. 89 -66 -R
Mayor Selby
9/07/89
9/07/89
A RESOLUTION CONCERNING CONSISTENCY REVIEW
OF THE EXXON INCINERATOR UNDER THE COASTAL MANAGEMENT PROGRAM
WHEREAS, Air Quality Permit 8924 -AA002 was issued by the Alaska
Department of Environmental Conservation to Advance Environmental
Technology, Inc. for the placement of a barge- mounted incinerator in Viekoda
Bay in the Kodiak Island Borough; and
WHEREAS, on August 23, 1989, the Kodiak Island Borough
requested that the Alaska Department of Environmental Conservation provide
the Kodiak Island Borough with the opportunity to comment on the
consistency of Air Quality Permit 8924 -AA002 with the Kodiak Island Borough
Coastal Management Program pursuant to 6AAC 50.120(a); and
WHEREAS, on August 23, 1989, the Kodiak Island Borough also
requested that Air Quality Permit 8924 -AA002 be suspended pending
completion of the requested review; and
WHEREAS, on September 1, 1989, the Alaska Department of
Environmental Conservation informed the Kodiak Island Borough that Air
Quality Permit 8924 -AA002 was void in order to provide the Kodiak Island
Borough with the opportunity to make a conclusive consistency determination
on the site of a barge - mounted incinerator in seven possible bays; Viekoda
Bay (Kodiak Island); Muskomee Bay (Afognak Island); Malina Bay (Afognak
Island); Kazakof (Danger) Bay (Afognak Island); Discoverer Bay (Afognak
Island); Uganik Passage (Kodiak Island); Terror Bay (Kodiak Island); and
WHEREAS, the Kodiak Island Borough agreed to provide a
conclusive consistency determination to the Alaska Department of
Environmental Conservation within ten (10) days of notification of the
opportunity to provide comments; and
WHEREAS, the Kodiak Island Borough held a broadly publicized
public hearing on September 6, 1989, to solicit public Input for use in the
preparation of the Borough's conclusive consistency determination for Air
Quality Permit 8924- AA002; and
WHEREAS, the public testimony overwhelmingly supported a
conclusive consistency determination by the Kodiak Island Borough that Air
Quality Permit 8924 -AA002 is not consistent with the Kodiak Island Borough
Coastal Management Program regardless of the location of the barge- mounted
incinerator; and
WHEREAS, the Kodiak Island Borough Coastal Management Program
contains policies that provide criteria for the review of the consistency of a
barge- mounted incinerator with the Kodiak Island Borough Coastal Management
Program; and
WHEREAS, the Alaska Coastal Management Program provides that
due deference will be accorded to the conclusive consistency determination of
the Kodiak Island Borough; and
WHEREAS, the Kodiak Island Borough intends to provide a
conclusive consistency to the Alaska Department of Environmental
Conservation within the timeframe requested by the Department.
NOW, THEREFORE, BE IT RESOLVED by the Kodiak Island Borough
Assembly that there is no site within the Kodiak Island Borough that is
consistent with the Kodiak Island Borough Coastal Management Program for
the location of a barge- mounted incinerator for the burning of oiled debris
resulting from the Exxon Valdez oil spill. No site is consistent because none
can meet the policies of the Kodiak Island Borough Coastal Management
Program including, but not limited to, the industrial development policies and
energy facility policies; and all sites conflict with other uses of the seven
identified bays; and
BE IT FURTHER RESOLVED that staff is directed to prepare a
conclusive consistency determination on behalf of the Kodiak Island Borough,
consistent with this finding and supported by the policies contained in the
Kodiak Island Borough Coastal Management Program; and
BE IT FURTHER RESOLVED that the Kodiak Island Borough
Assembly requests that Air Quality Permit 8924 -AA002 be considered void
until a final conclusive consistency determination is rendered which includes
the potential exhaustion of all elevation and appeal procedures, if the Kodiak
Island Borough finds it necessary to utilize these procedures.
ATTEST:
PASSED AND APPROVED THIS 7th DAY OF SEPTEMBER, 1989.
Resolution No. 89 -66 -R
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KODIAK ISLAND BOROUGH
Pfesiufng Officer��