2020-12-10 Work Session
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www.kodiakak.us www.facebook.com/Kodiakislandborough @KodiakBorough
Kodiak Island Borough
Assembly Work Session
Thursday, December 10, 2020, 6:30 p.m.
For public participation this meeting will be livestreamed through KIB UstreamTV
(https://video.ibm.com/channel/kodiakislandborough)
Work Sessions are informal meetings of the Assembly where Assembly members review the upcoming
regular meeting agenda packet and seek or receive information from staff. Although additional items not
listed on the work session agenda are discussed when introduced by the Mayor, Assembly, or staff, no
formal action is taken at work sessions and items that require formal Assembly action are placed on
regular Assembly meeting agenda. Citizen’s comments at wor k sessions are NOT considered part of the
official record. Citizen’s comments intended for the “official record” should be made at a regular Assembly
meeting.
Page
1. Citizens' comments.
a.
Agenda items not scheduled for public hearing and general comments.
Please Call 1-907-486-3231 Or Toll Free 1-855-492-9202.
Complete Agenda Packets can be obtain by:
• Going To The KIB Website -
https://kodiakak.civicweb.net/portal/
• For A PDF File, Email The Clerk at clerks@kodiakak.us
• For A Paper Copy, Email The Clerk at clerks@kodiakak.us
(packets are available 24 hours before the beginning of the meeting)
2. Agenda items.
4 - 5
a.
Upcoming Budget-Policy And Process.
Output Document (AS - 1309) - Pdf
6 - 82
b.
ADEC Compliance Order By Consent Settlement Documents -
Alaska Pollutant Discharge Elimination System AK0053481 And
APDES Multi-Sector General Permit AKR06AC83 Or MSGP.
Complete Binder For ADEC Compliance Order By Consent
Settlement Documents - Pdf
3. Manager's comments.
Page 1 of 123
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4. Clerk's comments.
5. Packet Review for the Regular Meeting of December 17, 2020
Items may be added during the work session for inclusion on the Regular Meeting agenda. The
item title needs to be provided/developed at the work session in enough detail to give assembly
and public reasonable notice.
Awards and presentations.
None.
Public hearing.
1. Ordinance No. FY2021-01E Amending Ordinance No. FY2021-01,
Fiscal Year 2021 Budget, By Amending Budgets To Account For
Various Revenues That Are Over Budget, Providing For Additional
Expenditures And Moving Funds Between Projects.
2. place holder (to be introduced at the special meeting immediately
following the work session) Ordinance No. FY2021-01F Of The
Assembly Of The Kodiak Island Borough Amending Ordinance No.
FY2021-01, FY2021 Budget, To Account For Federal Cares
(Coronavirus Aid, Relief, And Economic Security) Act Revenues That
Are Over Budget, Providing For Additional Expenditures And Moving
Funds Between Projects.
3. Ordinance No. FY2021-07A Supplementing Ordinance No. FY2021-07
Regarding The Disposition Of A Tax Foreclosed Property, 810 Hillside
Drive Formally Owned By Ada And Susan Panamarioff, Setting A
Minimum Bid And Sale Process As Borough Land Sale Number
Twenty-One.
4. Ordinance No. FY2021-24 Determining The Disposition Of A Tax
Foreclosed Property Acquired By Clerk's Deed More Than 10 Years
Ago And Establishing Intention To By Finding That The Properties Are
Submerged By Water And Have No Assessed Value Therefore Will Be
Retained By The Borough.
Consideration of the calendar - Unfinished Business.
1. Amendment No. 1 Amending Contract No. FY2019-25 Residential and
Commercial Solid Waste Collection and Recycling Services.
2. Approval Of The 2021 Borough Calendar.
Consideration of the calendar - New Business.
Contracts.
None.
Resolutions.
1. Resolution No. FY2021-22 Approving Relocation Expenses For Robyn
Keefe, Associate Planner/LRP In The Community Development
Page 2 of 123
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Department.
2. Resolution No. FY2021-23 Setting New Stipend Amounts For Fire
Protection Area No.1 (Bayside Fire).
Ordinances for introduction.
1. Ordinance No. FY2021-25 An Ordinance Of The Assembly Of The
Kodiak Island Borough Amending Chapter 18.20 Of The Kodiak Island
Borough Code Regarding The Process For Disposition Of Tax
Foreclosed Property.
Other items.
None.
6. Assembly member' comments.
7. Mayor's comments.
8. Additional information distributed during the meeting.
83 - 84
a.
Amendment No. 1 Amending Contract No. FY2019 -25
Residential and Commercial Solid Waste Collection and
Recycling Services.
Letter from Solid Waste Kodiak Amendment Summary
85 - 123
b.
Resolution No. FY2021-23 Setting New Stipend Amounts For
Fire Protection Area No. 1 (Bayside Fire).
Resolution No. FY2021-23 Setting New Stipend Amounts For
Fire Protection Area No. 1 (Bayside Fire)
Page 3 of 123
KODIAK ISLAND BOROUGH
STAFF REPORT
DECEMBER 10, 2020
ASSEMBLY WORK SESSION
Kodiak Island Borough
SUBJECT: Upcoming Budget-Policy And Process.
ORIGINATOR: Michael Powers
RECOMMENDATION:
Provide direction to staff regarding the upcoming budget year policies and process.
DISCUSSION:
The purpose is to start with some high level policy issues and some pragmatic ones to discuss setting
the course for the budget season. Some of these issues obviously overlap.
Assumptions
No school bond debt reimbursement. There is nothing to indicat e that the State will be in the position
to fund school bond debt. This may change.
2nd round of stimulus likely, won’t know for sure what that looks like. If it waits until after the Georgia
Senate Runoffs, funding information would be available in the months thereafter. What, if any impacts,
it has on our budget remains to be seen.
Policy Issues
Get to shovel ready-There are a number of critical infrastructure projects that might find some funding
from the next round of stimulus, we should be prepared. Hospital, KFRC and Landfill projects come to
mind. This will impact current and future budgets.
Unfunded maintenance in General Fund Buildings, KFRC, Landfill, others. Additional staffing (2+
positions) and resources needed.
Maintain existing levels of services, comply with mandates.
Maximum Allowable Tax Revenue to be determined.
Pragmatic
Timing-State doesn’t act until after our deadline….and tax deadline…..
School District timing hasn’t been a problem the last three years but the Manager and School Budget
being due at the same time could be in the future.
Budget Analysis and timing-line item review by the Assembly or departmental? Big difference in time
spent. When do you want to have special meetings?
ALTERNATIVES:
FISCAL IMPACT:
AGENDA ITEM #2.a.
Upcoming Budget-Policy And Process.
Page 4 of 123
KODIAK ISLAND BOROUGH
STAFF REPORT
DECEMBER 10, 2020
ASSEMBLY WORK SESSION
Kodiak Island Borough
Significant.
OTHER INFORMATION:
AGENDA ITEM #2.a.
Upcoming Budget-Policy And Process.
Page 5 of 123
KODIAK ISLAND BOROUGH
STAFF REPORT
DECEMBER 17, 2020
ASSEMBLY REGULAR MEETING
Kodiak Island Borough
SUBJECT: ADEC Compliance Order By Consent Settlement Documents - Alaska
Pollutant Discharge Elimination System AK0053481 And APDES Multi-Sector
General Permit AKR06AC83 Or MSGP.
ORIGINATOR: Dave Conrad
RECOMMENDATION:
Approve the Settlement Agreements As Presented and Negotiated by KIB Staff and KIB Attorney
Erichsen.
DISCUSSION:
ALTERNATIVES:
Do Not Authorize Compliance Orders By Consent.
FISCAL IMPACT:
APDES Individual Permit - $20,000
APDES Multi Sector General Permit - $91,644.56
Total Penalties - $111,644.56
OTHER INFORMATION:
AGENDA ITEM #2.b.
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COMPLIANCE ORDER BY CONSENT (KODIAK ISLAND BOROUGH)
ADEC Enforcement Tracking No. 18-R1324-50-0004 Page 1 of 36
BEFORE THE STATE OF ALASKA
DEPARTMENT OF ENVIRONMENTAL CONSERVATION
In the matter of: )
STATE OF ALASKA, DEPARTMENT OF )
ENVIRONMENTAL CONSERVATION, )
) COMPLIANCE ORDER BY
Complainant, ) CONSENT
)
vs. )
)
KODIAK ISLAND BOROUGH, )
)
)
Respondent. )
)
ADEC Case No. 2018-R1324
Enforcement Tracking No. 18-R1324-50-0004
WHEREAS, the State of Alaska, Department of Environmental Conservation
(“State,” “the department,” or “ADEC and Kodiak Island Borough (“KIB” or
“Respondent”) (also individually referred to herein as “Party” and collectively as “the
Parties”), desire to resolve and settle a disputed matter in order to avoid the uncertainty
and expense of a formal civil enforcement proceeding,
NOW, THEREFORE, the Parties agree as follows:
I. JURISDICTION AND VENUE
This Compliance Order by Consent (hereinafter "Order") is entered into
under the authority granted to the departments by AS 46.03.020, AS 46.03.760(e),
AS 46.03.765, AS 46.03.850, and 18 AAC 95.160 and under the settlement authority
of the Attorney General under AS 44.23.020.
AGENDA ITEM #2.b.
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COMPLIANCE ORDER BY CONSENT (KODIAK ISLAND BOROUGH)
ADEC Enforcement Tracking No. 18-R1324-50-0004 Page 2 of 36
Any judicial action brought by either party to enforce or adjudicate any
provision of the Order shall be brought in the Superior Court for the State of Alaska,
Third Judicial District at Anchorage.
II. FINDINGS AND CONCLUSIONS
A. Factual Background
The Respondent is the owner and operator of the Kodiak Island
Borough (“KIB”) Landfill (“Facility”). The Respondent operates the Facility at 1203
Monashka Bay Road, Kodiak Island, Alaska and receives mail at 710 Mill Bay Road,
Kodiak, AK 99615.
On August 18, 2015, ADEC authorized the Respondent to discharge
stormwater at the Facility under Alaska Pollutant Discharge Elimination System
(“APDES”) Multi-Sector General Permit authorization number AKR06AC83 (“the
MSGP” or “the Permit”), which expired March 31, 2020. The MSGP was reissued on
February 21, 2020 and became effective April 1, 2020. The KIB is submitted a notice
of intent (“NOI”) for reissuance of the MSGP authorization on June 26, 2020 and
authorization AKR06AC83 was reissued effective July 8, 2020.
On March 13, 2017, ADEC inspected the KIB landfill as part of a
routine inspection to determine compliance with the MSGP. Based on that
inspection, ADEC sent a Compliance Letter to the Respondent on
April 12, 2017, setting out alleged violations of the MSGP (Attachment 1 of Order).
AGENDA ITEM #2.b.
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COMPLIANCE ORDER BY CONSENT (KODIAK ISLAND BOROUGH)
ADEC Enforcement Tracking No. 18-R1324-50-0004 Page 3 of 36
May 31, 2017, in response to the compliance letter, the KIB submitted a
copy of the employee training log and the storm water pollution prevention
plan (SWPPP) modification log to DEC.
July 31, 2017, in response to the compliance letter, The KIB submitted
an annual report, an MSGP discharge monitoring report (MDMR), a routine
facility inspection and a quarterly visual assessment.
During case development, ADEC identified additional violations that
occurred after the MSGP authorization was issued, but that were not previously
identified in the NOV, as detailed in Paragraphs 17 to 38.
B. Alleged Violations
Compliance Letter
Failure to complete annual employee training. Permit part 4.2.9 requires
permittees to train employees to meet the conditions of the permit once per year.
Failure to submit annual reports. Permit part 9.2 requires permittees to
submit annual reports to DEC no later than February 15 each year.
Failure to perform comprehensive site inspections once per year as
required by Permit part 6.3.1.
Failure to perform routine facility inspections at least once every seven
days as required by Permit parts 6.1.2 and 11.L.7.1.
Failure to perform quarterly visual assessments once per quarter as
required by Permit part 6.2.1.
AGENDA ITEM #2.b.
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COMPLIANCE ORDER BY CONSENT (KODIAK ISLAND BOROUGH)
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Failure to perform benchmark sampling. Permit part 7.1.7 requires
benchmark samples to be collected the first four consecutive quarters after
authorization issuance.
Failure to perform effluent limit monitoring. Permit part 7.2.2.1 requires
permittees to perform effluent limit sampling once per year to determine compliance
with numeric limits located in Table 11.L.10-1 of the Permit.
Failure to amend the storm water pollution prevention plan (SWPPP).
Permit part 5.6 requires a permittee to maintain and update the SWPPP at least once
per year.
Additional Violations
Failure to maintain a SWPPP amendment log. Permit part 5.6.4 requires
permittees to maintain a log that documents SWPPP modifications.
Failure to modify the SWPPP to address a triggering action. Permit part
5.6.1 requires permittees to update the SWPPP when violation of numeric effluent
limits occurs.
Failure to modify the SWPPP to address a change in operation of the
facility or a potential pollutant source. Permit parts 5.6.5 and 5.2.4 require permittees
to modify the SWPPP within 30 days of a change of operation in the facility or
addition of a new potential pollutant source.
Failure to adequately describe monitoring procedures in the SWPPP as
required by Permit part 5.4.
AGENDA ITEM #2.b.
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COMPLIANCE ORDER BY CONSENT (KODIAK ISLAND BOROUGH)
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Failure to include procedures for taking corrective actions in the
SWPPP as required by Permit part 5.4.1.4.
Failure to adequately describe procedures for performing inspections in
the SWPPP as required by Permit part 5.3.
Failure to maintain a corrective action log in the SWPPP. Permit part
5.8.10 states the permittee is required to keep a corrective action log, including
triggering event and dates when problems were discovered and when modifications
occurred.
Failure to take corrective action in response to effluent limit violations.
Permit part 8.1 requires the permittee to review and revise the selection, design,
installation, and implementation of their control measures to ensure violations do not
reoccur.
Failure to analyze pollutants in accordance with test procedures
(including sample hold times) approved under 40 CFR Part 136 as required in Permit
standard condition 1.11.4, Appendix A.
Failure to timely submit benchmark monitoring result MSGP Discharge
Monitoring Reports (“MDMRs”). Permit part 9.1 requires submission of monitoring
data collected pursuant to Permit parts 7.2 and 7.2.2.3 no later than 30 days after
receipt of laboratory results for all monitored outfalls for the reporting period.
AGENDA ITEM #2.b.
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COMPLIANCE ORDER BY CONSENT (KODIAK ISLAND BOROUGH)
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Failure to review control measures to determine if a modification is
necessary as a result of an iron benchmark exceedance, as required by Permit parts
7.2.1.4 and 8.2.
Failure to comply with numeric effluent limits contained in Permit part
11.L.10.
Failure to document annual employee training in accordance with
Permit part 4.2.9.
Failure to conduct follow-up monitoring after exceeding a numeric
effluent limit as required by Permit part 7.2.2.3.
Failure to submit noncompliance notification forms for effluent limit
exceedances in accordance with Permit part 8.5.
Failure to conduct quarterly visual assessments as required by Permit
part 6.2.1.
Failure to include appropriate signatory and certification of quarterly
visual assessment documentation as required by Permit part 6.2.2.
Failure to document the sample location and collection information of
quarterly visual assessments as required by Permit part 6.2.2.
Failure to apply for and obtain engineering plan approval for storm
water retention pond prior to construction as required by Permit part 4.4.
Discharge of a specifically prohibited non-storm water discharge
(leachate). Permit parts 11.L.3.1 and 4.2.10 state that leachate is a prohibited
AGENDA ITEM #2.b.
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COMPLIANCE ORDER BY CONSENT (KODIAK ISLAND BOROUGH)
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discharge and that a permittee must eliminate non-storm water discharges that are not
authorized by the Permit.
Failure to perform control measure maintenance to prevent
commingling of leachate with storm water in accordance with Permit parts 11.L.5.1
and 4.2.3.
Failure to comply with non-numeric technology based effluent limits.
Permit part 4.2.11 requires permittees to ensure that waste, garbage, and floatable
debris are not discharged to receiving waters by keeping exposed areas free of such
materials or by intercepting them before they are discharged.
C. Statutory and Regulatory Authority
The following statutory and regulatory authorities apply to the
Respondent and its operation of the Facility.
a. Section 301 of the federal Clean Water Act, as amended, 33
U.S.C. § 1251 et seq. (“CWA”), prohibits the discharge of pollutants by any
person from any point source into waters of the U.S. except, inter alia, as
authorized by a National Pollutant Discharge Elimination System (“NPDES”)
permit issued pursuant to CWA Section 402. 33 U.S.C. §§ 1311(a), 1342.
b. Alaska Statute (“AS”) 46.03.050 grants ADEC jurisdiction to
prevent and abate the pollution of the waters of the state.
AGENDA ITEM #2.b.
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COMPLIANCE ORDER BY CONSENT (KODIAK ISLAND BOROUGH)
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c. Pursuant to AS 46.03.020, ADEC has received authorization to
administer the CWA and the NPDES program through the Alaska Pollutant
Discharge Elimination System (“APDES”).
d. AS 46.03.100(a) prohibits any person from discharging pollutants
into the waters of the state without prior authorization from ADEC.
e. 18 AAC 83.405(b) provides that all permittees must comply with
the conditions of their permit, and that failure to do so is a violation of 18
AAC 83, AS 46.03, and the CWA.
f. AS 46.03.760(e) provides that a person who violates or causes or
permits a violation of a provision of AS 46.03, a regulation promulgated by
ADEC, a lawful order of the State, or a permit or term or condition of a permit
issued under AS 46.03, is liable to the State in a civil action for a sum to be
assessed by the court of not less than $500 nor more than $100,000 for the
initial violation, nor more than $10,000 for each day after that on which the
violation continues. These amounts apply separately to each violation of a
statute, regulation, permit, or order.
D. Definitions
The definitions set forth in AS 46.14.990 and 18 AAC 83.990 apply to
terms utilized in this Order, including, without limitation:
AGENDA ITEM #2.b.
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COMPLIANCE ORDER BY CONSENT (KODIAK ISLAND BOROUGH)
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a. APDES permit number AKR06AC83 (the MSGP) is a water
discharge permit for purposes of AS 46.03 and 18 AAC 83, and is the
applicable operating permit for purposes of this Order.
b. “Discharge” means the definition set out at 18 AAC 83.990(22)
and 33 U.S.C. § 1362(16).
c. “Facility” is the Kodiak Island Borough Landfill, which is a
“facility or activity” as that term is defined in 18 AAC 83.990(29).
d. Respondent (the KIB) is a “person” as that term is defined in AS
46.03.900(18) and an “owner or operator” as defined in 18 AAC 83.990(45).
e. “Waters of the United States” means the definition set out at 18
AAC 83.990(77).
III. REQUIRED CORRECTIVE ACTIONS
Respondent shall complete the corrective actions set forth below by no
later than the dates specified in this Order or otherwise approved by ADEC in
writing.
Storm Water Pollution Plan
The KIB shall perform a comprehensive update of the KIB Landfill
SWPPP. Updates must address every violation identified in this Order that is related
to the SWPPP and must include any other updates necessary to reach compliance
with the MSGP.
AGENDA ITEM #2.b.
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COMPLIANCE ORDER BY CONSENT (KODIAK ISLAND BOROUGH)
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The KIB shall submit a draft SWPPP to ADEC for review no later than
02/01/2021. DEC will review the SWPPP and provide comments to the KIB no later
than 03/03/2021.
KIB shall submit a final SWPPP to DEC no later than 04/02/2021. The
final SWPPP must incorporate ADEC’s comments on the draft SWPPP. In a separate
cover letter submitted with the final SWPPP, Respondent shall specifically address
how each ADEC comment was incorporated into the final SWPPP.
Submittal of Engineering Plans for Stormwater Retention Pond
No later than 12/31/2020, the KIB shall submit complete engineering
plans for the existing stormwater retention pond for ADEC review per MSGP Permit
part 4.4 and 18 AAC 72.600. The KIB shall perform any necessary coordination with
ADEC Engineering Support and Plan Review staff ahead of this deadline to ensure
the submittal is complete per 18 AAC 72.
Respondent shall alter or resubmit the plans as directed by ADEC to
bring the plans into conformance with 18 AAC 72. If the engineering plan review
process reveals that the storm water retention pond is inadequately sized, or requires
other alterations or upgrades to obtain ADEC approval, KIB shall perform the
upgrades as soon as practicable. ADEC will not approve the plans before any
required upgrades are completed.
Respondent shall obtain written ADEC approval prior to making any
revision to the design approved under Paragraphs 45and 46.
AGENDA ITEM #2.b.
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COMPLIANCE ORDER BY CONSENT (KODIAK ISLAND BOROUGH)
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Iron Benchmark Exceedance Control Measure Review Document
The KIB shall perform a comprehensive review of the selection, design,
installation, and implementation of their control measures to determine if
modifications are necessary to meet the iron benchmarks, consistent with MSGP
permit part 7.2.1.4. A detailed summary of the outcomes of this review must be
submitted to DEC as the Iron Control Measure Review Document no later than
02/01/2021.
If the KIB determines that iron benchmark exceedances are attributable
solely to the presence of iron in the natural background, the KIB shall submit
information supporting that determination, pursuant to MSGP part 7.2.1.5, as part of
the Iron Control Measure Review Document and shall update the SWPPP
accordingly.
If the KIB chooses to implement new control measures or to perform
corrective actions to reach compliance with iron benchmarks, a schedule for these
actions must be submitted to DEC with the Iron Control Measure Review Document.
The KIB shall comply with iron benchmarks, or provide documentation showing that
no further pollutant reduction is available or economically practicable pursuant to
MSGP parts 7.2.1.4 and 7.2.1.5, no later than 02/01/2021.
Storm Water Ammonia Sampling and Reporting
The KIB shall perform total ammonia as nitrogen sampling once per
month, in months when a discharge occurs. Samples must be collected from the
AGENDA ITEM #2.b.
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COMPLIANCE ORDER BY CONSENT (KODIAK ISLAND BOROUGH)
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storm water retention pond outfall and be analyzed using 40 CFR 136 approved
methods. Results must be reported via an MDMR submitted to DEC dec-
wqreporting@alaska.gov and Melinda.Smodey@alaska.gov no later than the 15th
day of the month after the sample was collected in. This sampling shall continue until
the ammonia numeric effluent limits have not been violated for 12 consecutive
months.
The KIB shall perform a comprehensive review of the selection, design,
installation, and implementation of their control measures to ensure that the ammonia
effluent limit exceedances are eliminated and will not be repeated in the future. A
detailed summary of the outcomes of this review must be submitted to DEC as the
Ammonia Control Measure Review Document no later than 05/30/2021.
The KIB shall perform corrective actions in response to any exceedance
of ammonia numeric effluent limits. Corrective actions must be documented per
MSGP part 8.4. Prior to implementing any corrective action that modifies the
landfill, stormwater collection system, or treatment system, the KIB shall consult
with DEC to determine whether the proposed corrective action requires DEC
approval, including approval from DEC Solid Waste.
No later than 12/01/2023, the KIB shall be in compliance with ammonia
numeric effluent limits in MSGP permit part 11.L.10.
Leachate and Storm Water Commingling Determination
AGENDA ITEM #2.b.
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COMPLIANCE ORDER BY CONSENT (KODIAK ISLAND BOROUGH)
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The KIB shall perform an engineering assessment of the landfill
leachate collection system to determine whether leachate is commingling with storm
water anywhere in the landfill. The assessment must include an examination of the
integrity of the entire rainsheet and a determination, using analytical sampling using
40 CFR 136 approved methods, of whether the storm water pumped from the
rainsheet contains total ammonia as nitrogen. The assessment must specifically
include an examination of the leachate seep on the northwest side slope of the active
portion of Cell 1 and a determination of whether this seep commingles with storm
water prior to discharge to waters of the U.S.
No later than 09/30/2021, the KIB shall submit to DEC a report of the
assessment performed under Paragraph 55.
If the KIB discovers that leachate is commingling with storm water at
any point in the landfill, the KIB shall take corrective actions to prevent all
commingling as soon as practicable.
Debris in Storm Water Conveyance
The KIB shall remove all garbage and debris from storm water
conveyances as soon as practicable.
Other Compliance Requirements
ADEC Requests for Additional Information or Corrective Action. If at
any time after the Effective Date of this Order, ADEC determines that the corrective
actions required in Paragraphs 42through 58may be insufficient to achieve the goals
AGENDA ITEM #2.b.
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COMPLIANCE ORDER BY CONSENT (KODIAK ISLAND BOROUGH)
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and purposes of this Order, ADEC will make a written request with a reasonable
deadline that the Respondent provide additional information or undertake additional
corrective actions. If the Parties agree as to the additional corrective action, the
request shall immediately take effect, be incorporated herein, and become
enforceable under this Order.
Duty to Correct Inaccurate Information. If Respondent becomes aware
that it submitted inaccurate information to ADEC, Respondent must submit the
corrected information to ADEC within fourteen (14) days of discovery.
IV. CIVIL PENALTIES AND ASSESSMENTS
Civil Penalties and Assessments. Respondent shall pay ADEC civil
penalties and assessments pursuant to AS 46.03.760(a) in the amount of $91,644.56
(“the Penalty Amount”) within thirty (30) days of the execution of this Order. For
purposes of this Order only, the Penalty Amount represents reasonable compensation
to ADEC for the alleged violation, an assessment of the gravity of the alleged
violation, the length of the violation, and the size and type of the violator.
Additional Payment Terms and Conditions. The penalty amount and
any other sums due under this order shall bear interest at the rate of 10% per annum
from the date due until paid in full. In the event of a partial payment, the payment
shall be applied first to any interest owed and the remainder shall be applied to the
penalty or other amount due under this Order.
AGENDA ITEM #2.b.
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COMPLIANCE ORDER BY CONSENT (KODIAK ISLAND BOROUGH)
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Manner of Payment. All payments of any kind required under this Order
must: (i) be made payable to the State of Alaska; (ii) include the ADEC Enforcement
Tracking number of this Order; (iii) be delivered to the the Alaska Department of
Environmental Conservation, Attn: Sandra Rasmussen, Water Administrative
Services, 555 Cordova St, Anchorage, Alaska 99501; and (iv) unless otherwise
provided herein, include all applicable interest that is due calculated at the rate and
for the applicable number of days as provided in Paragraph 62 above.
If any payment required by this Order is not received by ADEC on time,
or if any negotiable instrument presented as payment is not honored, ADEC is
entitled to immediate payment of the total amount due under this Order, including
but not limited to the Penalty Amount, Stipulated Penalties, interest, administrative
costs and expenses, attorney’s fees and costs (including all costs incurred seeking to
collect any amounts owing), and may file a civil action to collect the amounts due. In
any such collection action, the validity, amount, and appropriateness of such
assessments, penalties, and other fees and expenses shall not be subject to review.
If, pursuant to Paragraphs 80and 84, ADEC seeks additional civil
assessments, penalties, damages, or other monetary relief for the alleged violations
described in Section II (Findings and Conclusions) as a result of the Respondent’s
breach of any requirement of this Order, then the amounts Respondent already paid
under this Section IV (Civil Penalties and Assessments) shall offset any subsequent
civil assessments or penalties for those specific violations, but in no event shall
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COMPLIANCE ORDER BY CONSENT (KODIAK ISLAND BOROUGH)
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ADEC be required to refund any portion of any civil assessments, penalties,
damages, or monetary relief paid by the Respondent under this Order or any other
costs incurred by the Respondent.
Costs Incurred by Respondent. The Respondent shall bear all its own
costs in carrying out the requirements of this Order.
V. STIPULATED PENALTIES
Stipulated Penalty Amounts. In addition to any other sums due or
payable under this Order or applicable law or regulations, if the Respondent fails to
comply with the terms of this Order or the MSGP, the Respondent shall pay
Stipulated Penalties (“Stipulated Penalties”) to the State as outlined in this Section.
Late Payment of Civil Penalty or Assessments. If the Respondent fails
to pay the Penalty Amount required under Section IV of this Order (Civil Penalties
and Assessments) when due, the Respondent shall pay a stipulated penalty of $1,000
per day for each day the payment is late.
Reporting and Notification Violations. Respondent shall pay a
stipulated penalty of $500 per day, per violation for:
a. Failing to report to, or notify, ADEC as required by this Order or
the MSGP;
b. Providing a late or materially incomplete report or notice
required by this Order or the MSGP;
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COMPLIANCE ORDER BY CONSENT (KODIAK ISLAND BOROUGH)
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c. Providing late or materially incomplete information in response to
any ADEC written Information Request under this Order or the MSGP;
d. Providing late or materially incomplete information in response to an
ADEC written information request regarding a report, a notice, or a response to an
ADEC initial information request, under this Order or under the MSGP.
e. Failing to take corrective actions, or sufficient corrective actions,
when required to do so under this Order or the MSGP.
Bypass of the storm water retention pond. Respondent shall pay a
stipulated penalty of $2,500 per day, per violation for any bypass of the storm water
retention pond.
Recordkeeping Violations. For a failure to record or retain any records
required by this Order or the MSGP to be recorded or retained, Respondent shall pay
$500 per record and, if the missing entry can be accurately generated or recreated,
the Respondent shall do so. For purposes of this Paragraph the term "record" means
every observation or data entry required to be made at one time Failure to produce a
record during an inspection creates a rebuttable presumption that the record does not
exist. The Respondent may rebut this presumption by producing the record within 24
hours of the inspection.
Other Violations. For any other violation of this Order or the MSGP
that is not addressed above: $500 per violation per day per incident, or per day for
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COMPLIANCE ORDER BY CONSENT (KODIAK ISLAND BOROUGH)
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continuing violations, with the additional requirement to mitigate or
generate/recreate.
Accrual of Stipulated Penalties. Stipulated Penalties begin to accrue on
the day after performance is due or on the day a violation occurs. Stipulated Penalties
continue to accrue each day for continuing violations through the final day of the
correction of the noncompliance or completion of the activity. Separate Stipulated
Penalties accrue for each separate violation of this Order. Stipulated Penalties accrue
automatically regardless of whether ADEC has notified the Respondent of a
violation.
Payment of Stipulated Penalties. All Stipulated Penalties owed to the
State under Section V of this Order are due and must be paid no later than fifteen
(15) days after the Respondent’s receipt of a written demand from ADEC for
payment of the Stipulated Penalties, unless the Respondent invokes the procedures
under Paragraph 103of this Order (Dispute Resolution). Stipulated Penalties shall be
paid as provided in Paragraph 63.
Effect of Dispute Resolution. Stipulated Penalties and interest shall
continue to accrue on a per violation, per day basis during any dispute resolution
period and judicial review, if any, but do not become due until or unless:
a. If the dispute is resolved by agreement or by a decision of
ADEC that is not appealed to a judicial court as provided in Paragraph 103,
the Respondent shall pay all accrued Stipulated Penalties and interest owed to
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COMPLIANCE ORDER BY CONSENT (KODIAK ISLAND BOROUGH)
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the State within fifteen (15) days of the agreement or the receipt of ADEC’s
decision; or
b. If the dispute is appealed to a judicial court as provided in
Paragraph 103, and ADEC prevails in whole or in part, the Respondent shall
pay all accrued Stipulated Penalties determined on appeal to be owed to the
State, plus interest from the original due date under this Order, within fifteen
(15) days of receipt of the final decision on appeal.
Interest on Late Payment of Stipulated Penalties. As described in
Paragraph 62, interest accrues on any Stipulated Penalties that remain unpaid after
the due date.
VI. EFFECT OF ORDER
Duty to Comply. Unless otherwise provided by this Order, the
Respondent shall comply with all the requirements of this Order, as well as the
requirements of any applicable permit, order, or federal state, or local environmental
law related to the Facility.
No Warranty by ADEC. ADEC does not warrant or represent that the
Respondent’s compliance with this Order will result in compliance with the
provisions of any applicable permit, order, or federal state, or local environmental
law related to the Facility.
Covenant Not to Sue. Provided the Respondent complies with all
requirements of this Order, ADEC shall not institute any enforcement action against
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COMPLIANCE ORDER BY CONSENT (KODIAK ISLAND BOROUGH)
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the Respondent arising from the violations alleged in Section II (Findings and
Conclusions) of this Order.
Reservation of Rights.
a. ADEC reserves all rights and remedies, both legal and equitable,
not expressly waived in this Order.
b. ADEC reserves the right to initiate administrative or judicial
proceedings, including but not limited to those seeking new or additional civil
assessments, penalties, damages, injunctive relief, or other relief, for the
alleged violations described in Section II (Findings and Conclusions) above if:
(i) the Respondent does not fully and timely comply with the
provisions of this Order, to reasonable satisfaction of ADEC; or
(ii) in ADEC’s reasonable opinion, subsequently discovered
events or conditions constitute an immediate or imminent threat to public
health, public safety, or the environment, regardless of whether ADEC may
have been able to discover the event or condition prior to entering into the
Order;.
(iii) Respondent reserves the right to dispute the existence or extent
of an asserted violation notice imposing stipulated penalties under section
74 through the dispute resolution process in section 103 of this COBC
Third Party Rights Not Affected. This Order does not limit or affect the
rights of ADEC or the Respondent against any third parties, who are not party to this
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COMPLIANCE ORDER BY CONSENT (KODIAK ISLAND BOROUGH)
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Order. Unless otherwise provided by law, this Order does not limit or affect the
rights of any third parties against the Respondent or others.
Not a Permit or Modification. This Order is not a permit or a
modification of any existing permit, under any federal, state, or local law or
regulation.
VII. GENERAL CONDITIONS
Force Majeure. “Force Majeure,” for purposes of this Order, is defined
as any event arising from causes beyond the control of the Respondent, any entity
controlled by the Respondent, or the Respondent’s contractors that delays or prevents
the timely performance of any obligation under this Order despite the Respondent’s
best efforts to fulfill the obligation. The requirement that the Respondent exercise
“best efforts to fulfill the obligation ” includes using best efforts to anticipate any
potential Force Majeure event and best efforts to address the effects of any such
event: i) as it is occurring, and ii) after it has occurred to prevent or minimize any
resulting delay to the greatest extent possible. “Force Majeure” does not include the
Respondent’s financial inability to perform any obligation under this Order or any
delay in performance due to the Respondent’s failure to obtain, or delay in obtaining,
any state or local permits. However, Force Majeure shall include any delay in the
performance of any obligation resulting from the Respondent’s failure to obtain, or a
delay in obtaining, any federal or State permit or approval required to fulfill such
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obligation, if the Respondent has submitted timely and complete applications and has
taken all other actions necessary to obtain all such permits or approvals.
a. If any event occurs which KIB believes may delay performance of any
obligation under this Order, KIB shall promptly notify ADEC orally
and shall, within five (5) business days of when KIB first discovered
that the event may cause delay of an obligation: (i) notify ADEC in
writing in accordance with Paragraph 89 (Notices) of the event, its
causes and the reasons for the delay, the anticipated length of the delay,
and all the measures taken and/or to be taken by KIB to prevent or
minimize the delay; (ii) provide a schedule for implementation of any
measures to be taken to prevent or minimize the delay or the effect of
the delay; (iii) include the amount of time requested as an extension of
any obligation under this Order; (iv) state KIB’s rationale for attributing
any such delay to a Force Majeure event if it intends to assert such a
claim; and (v) include a statement as to whether, in KIB’s opinion, such
event may cause or contribute to an endangerment to public health,
welfare, or the environment. KIB shall adopt all reasonable measures to
avoid or minimize any such delay of an obligation under this Order.
b. A request for an extension of time under this Paragraph does not toll or
extend any deadlines under this Order unless agreed to in writing by
ADEC. If ADEC agrees that the delay or anticipated delay is
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COMPLIANCE ORDER BY CONSENT (KODIAK ISLAND BOROUGH)
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attributable to a Force Majeure Event, the time for performance of the
obligations under this Order will be extended by ADEC, retroactively
and/or prospectively, for such time as is reasonably necessary to
complete those obligations, and ADEC will notify KIB in writing of the
length of the extension which has been granted and any other conditions
which may apply. If ADEC does not agree that the delay or anticipated
delay has been or will be caused by a Force Majeure Event, ADEC will
notify KIB in writing of its decision. Any such notice can be submitted
under Paragraph 103 for Dispute Resolution.
c. The failure to comply with the requirements of this Paragraph shall
preclude KIB from asserting any claim of a Force Majeure Event for
that event for the period of time of such failure to comply and for any
additional delay caused by such failure.
d. The granting of an extension of the time for the performance of
obligations affected by the Force Majeure Event does not extend the
deadlines or time for performance of any other obligation under this
Order.
Purpose of Order. The Parties enter into this Order to further the
pollution prevention goals of the CWA, the APDES Program, and the respective
implementing regulations. All obligations under this Order have the objective of
causing the Respondent to achieve and maintain compliance with the CWA and the
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COMPLIANCE ORDER BY CONSENT (KODIAK ISLAND BOROUGH)
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APDES Program, including any APDES permits issued with respect to operations at
the Facility, and of protecting human health, public safety and welfare, and the
environment.
Breach. Any failure to fully and timely comply with any of the
requirements set forth in this Order may, at ADEC’s option, be deemed a material
breach of this Order and may result in prompt legal action, enforcement action, or
other action to enforce any requirement of this Order, in addition to any other
applicable legal or regulatory requirements. ADEC may treat any failure to comply
as the basis for ADEC’s revocation, modification, or termination of this Order.
No Waiver. A failure by ADEC to enforce any provision of this Order,
for any reason, shall not be construed as a waiver of ADEC’s right to insist on strict
performance of each provision of this Order, including the provision that was
initially unenforced.
Need to Halt or Reduce Activity Not a Defense. It shall not be a defense
for the Respondent in any enforcement or other action by ADEC that it would have
been necessary to halt or reduce its operations in order to maintain compliance with
this Order, or that it is financially unable to perform any obligation under this Order.
Indemnification. The Respondent shall hold the State and its
representatives, agents, and employees harmless and indemnify and defend the State
against all claims, liabilities, losses, damages and costs awarded or incurred,
including attorney fees, and against all actions and claims, whether wrongfully
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COMPLIANCE ORDER BY CONSENT (KODIAK ISLAND BOROUGH)
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brought or not, including but not limited to third-party claims for injury to or death of
persons and loss of or damage to property arising out of or in any manner connected
with the incidents which gave rise to this Order, except for any claims arising out of
the sole negligence of the State.
Notice. All notices, demands, submissions, applications, reports, logs,
data, and other communications which either Party is required to provide to the other
in connection with this Order (“Notices”) shall (i) be given in writing; (ii) reference
Enforcement Tracking No. 19-R0270-50-0002; (iii) be made only by personal
delivery, express courier service or certified mail with return receipt requested, or via
email; and (iv) such delivery shall be to the addresses set forth below for the
respective Party. All Notices shall be effective upon receipt by the Party (as
confirmed by the delivery service utilized under this Paragraph) to whom the Notice
is being given (“Effective Delivery”).
To ADEC:
Alaska Department of Environmental Conservation, Division of Water
Attn: Melinda Smodey, Enforcement Section
555 Cordova St
Anchorage, AK 99501
Email: Melinda.smodey@alaska.gov
With a copy to:
Alaska Department of Law – Environmental Section
Attn: Nathan Haynes, Asst. Attorney General
1031 W. 4th Avenue, Suite 200
Anchorage, AK 99501-1994
Email: mailto:Nathan Haynes
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COMPLIANCE ORDER BY CONSENT (KODIAK ISLAND BOROUGH)
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To Respondent:
Kodiak Island Borough
Attn : Michael Powers, Borough Manager
710 Mill Bay Road
Kodiak, AK, 99615-6398
Email : mpowers@kodiakak.us
Modifications. Except as otherwise provided in this Order, any
amendments or changes to this Order must be in writing and signed by all Parties,
including both the ADEC Director of Water and an authorized representative of the
ADOL on behalf of the State.
State Not a Party to Contracts. The State of Alaska shall not be held as a
party to any contract or other agreement that the Respondent enters into regarding
any activities conducted pursuant to this Order.
Rule of Law/Jurisdiction. This Order shall be governed by and
construed in accordance with the laws of the State of Alaska. Jurisdiction for any
legal action arising under or related to this Order shall be only in the Superior Court
for the State of Alaska.
Right of Entry and Access to Information. Respondent shall allow
ADEC representatives unrestricted entry and access to the Facility at reasonable
times—for the purpose of determining compliance with this Order and any
applicable statute, regulation, or permit—to copy any records, inspect any
monitoring equipment, test methods, collect samples, take video or photographs,
make recorded interviews, and conduct any other activities that ADEC deems
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COMPLIANCE ORDER BY CONSENT (KODIAK ISLAND BOROUGH)
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reasonably necessary to determine compliance. Respondent may have a
representative accompany ADEC’s representative during that time. Notwithstanding
Paragraphs 59 and 93, the Respondent shall also promptly provide ADEC with any
other information that ADEC may request during the inspection.
Document Retention. For not less than two years after the termination
of this Order, the Respondent shall maintain legible copies of all records and reports,
and documentation of their retention, required by this Order. The Respondent shall
provide such documents to ADEC within fourteen (14) days of ADEC’s written
request for such information.
Certification of Documents, Reports and Other Submissions. All
documents, other records, reports and other submissions that must be provided to
ADEC under this Order shall be signed and certified under penalty of law by a
responsible official of the Respondent in the manner as provided in 18 AAC 83.385,
including the following certification:
I certify under penalty of law that this document and all attachments were prepared
under my direction or supervision in accordance with a system designed to assure
that qualified personnel properly gather and evaluate the information submitted.
Based on my inquiry of the person or persons who manage the system, or those
persons directly responsible for gathering the information, the information
submitted is, to the best of my knowledge and belief, true, accurate, and complete.
I am aware that there are significant penalties for submitting false information,
including the possibility of fine and imprisonment for knowing violations.
Severability. The provisions of this Order are completely severable.
Should a court declare any part of this Order void, invalid, or unenforceable, all other
provisions of this Order shall remain in full force and effect. If a court does so
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COMPLIANCE ORDER BY CONSENT (KODIAK ISLAND BOROUGH)
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declare, the Parties shall promptly meet and, in good faith, seek to negotiate
replacement language that most nearly effectuates the original intent of the Parties.
Rules of Construction. This Order has been freely negotiated between
the Parties, and its terms shall not be more strictly construed against either Party.
Headings. The headings in this Order are for ease of reference only and
shall not affect the interpretation of any of the terms and conditions contained herein.
Parties Bound. This Order binds the State of Alaska and the
Respondent, their officers, employees, agents, successors, and assigns, and all
persons and entities acting on behalf of the Respondent.
Termination. The minimum term of this Order is five (5) years from its
Effective Date. At any time thereafter, the Respondent may request in writing that
ADEC terminate this Order. The Order will not terminate absent ADEC’s and
ADOL’s written and signed consent. In seeking ADEC’s consent to terminate the
Order the Respondent must demonstrate that:
a. The Respondent has paid all monies, damages, civil penalties and
assessments (including suspended payments, if applicable), Stipulated
Penalties, and interest which have become due under this Order;
b. The Respondent is in full compliance with this Order and any
applicable permits, orders, authorizations, or federal, state, or local environmental
laws related to the Facility;
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COMPLIANCE ORDER BY CONSENT (KODIAK ISLAND BOROUGH)
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c. There are no unresolved matters still subject to Dispute Resolution
pursuant to Paragraph 103of this Order; and
d. No enforcement action under this Order or any other applicable
federal, state, or local environmental law related to the Facility is pending.
No Admission of Liability. The parties have entered into this Order to
resolve and settle a disputed matter and thereby avoid the uncertainty and expense of
a formal civil enforcement proceeding. By entering into this Order, the Respondent
neither admits nor denies the allegations in Section II (Findings and Conclusions) of
this Order, and nothing in this Order shall constitute or be construed as an admission
of liability or wrongdoing on the part of the Respondent.
Applicability of Other Legal Obligations and Laws. Unless expressly
provided otherwise herein, the requirements set forth in this Order are in addition to
any requirements set forth in any permit, order, or authorization which ADEC has
issued or may issue to the Respondent and any other applicable state, federal, or local
law, regulation, permit, other authorization or order.
Dispute Resolution.
a. Informal Dispute Resolution. Any dispute under this Order shall first
be the subject of informal negotiations between the Parties at the staff level. The
dispute shall be considered to have arisen on the day one Party delivers to the
other Party a written Notice of Dispute, or on the day following delivery by
overnight courier or three (3) days following delivery by U.S. Mail, return receipt
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COMPLIANCE ORDER BY CONSENT (KODIAK ISLAND BOROUGH)
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requested. The Notice of Dispute shall clearly describe the matter in dispute and
include or reference the relevant documentation. The period of informal
negotiations shall not exceed thirty (30) days from the date the dispute arises,
unless that period is modified by written agreement of the Parties.
b. Formal Dispute Resolution. If the Parties cannot resolve a dispute by
informal negotiations within the time period provided in subparagraph (a), then the
position advanced by ADEC shall be considered binding unless, within fifteen
(15) days after the conclusion of the informal negotiation period, the Respondent
makes a written request for the ADEC Commissioner, or the Commissioner's
delegate (collectively “Commissioner”), to formally resolve the dispute. The
Commissioner may meet with the Parties or request submission of briefing,
particular documents, or other evidence as the Commissioner deems advisable to
resolve the dispute, but the Parties agree that formal adjudication proceedings
under 18 AAC 15 or any other statutes or regulations (including AS 44.62) are not
contemplated or required. The Commissioner will issue a final determination in
writing. That written decision will be final for purposes of judicial review pursuant
to Alaska Rule of Appellate Procedure 602(a)(2). The Commissioner’s
determination will remain in effect pending resolution of any judicial appeal
unless a stay is sought and granted by the court on appeal.
c. In any dispute under this Paragraph, the Respondent shall bear the
burden of proof that its position complies with the terms and conditions of this
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COMPLIANCE ORDER BY CONSENT (KODIAK ISLAND BOROUGH)
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Order, including but not limited to Paragraph 84 (Purpose of Order). However, in
any dispute concerning termination of this Order, the Respondent shall bear the
burden of proof that all conditions required for termination of this Order have been
satisfied.
d. The pendency of any dispute pursuant to this Paragraph shall not
affect the responsibility of the Respondent to continue to fully and timely perform
all of its obligations under this Order.
Time of the Essence. Time is of the essence as to each provision of this
Order.
Computation of Time Periods. Unless otherwise provided herein, all
references to dates in this Order shall be to calendar days. If a deadline falls or occurs
on a Saturday, Sunday, or legal holiday recognized by the State of Alaska, the
deadline shall be extended only until the next day which is not a Saturday, Sunday,
or legal holiday.
Effective Date. The effective date (“Effective Date”) of this Order is the
date of the last signature, below, on this Order by an authorized representative of the
Respondent, ADEC, and ADOL.
Understanding of Terms / Voluntary Agreement. Each party affirms that
it has had the opportunity to consult with an attorney, has carefully read and
understands the scope and effect of the provisions of this Order, and has voluntarily
entered into this Order.
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COMPLIANCE ORDER BY CONSENT (KODIAK ISLAND BOROUGH)
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Signatory Authority. Each individual signing this Order on a Party’s
behalf certifies and warrants that he or she is authorized to enter into this Order on
the Party’s behalf.
Counterparts. This Order may be executed in several counterparts, each
of which shall be deemed an original, but all of which, taken together, shall
constitute one and the same document. For purposes hereof, a facsimile or scanned
copy of a signature page hereto shall be deemed to be an original.
Retention of Copy of Order at Facility. A copy of this Order (including
any Attachments) must be kept at the Facility and made available to ADEC upon
request.
Duty to Inform. Following the Effective Date of this Order, the
Respondent must promptly provide a copy of this Order (including the attached
Attachments) or make it reasonably available to all officers, employees, agents,
consultants, contractors, and others whose duties or work might reasonably include
activities in any way related to compliance with any provision of this Order.
Attachments.
Attachment 1: April 12, 2017 Compliance Letter
Entire Agreement. This Order represents the entire agreement of the
Parties. There are no other oral or written understandings or agreements relating to
the subject matter of this Order.
[SIGNATURE PAGES TO FOLLOW]
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COMPLIANCE ORDER BY CONSENT (KODIAK ISLAND BOROUGH)
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Signature Page for Compliance Order by Consent in:
In the Matter of the State of Alaska, Department of Environmental
Conservation v. Kodiak Island Borough
DATED: DEPARTMENT OF ENVIRONMENTAL
CONSERVATION
By:
Randy Bates, Director
Division of Water
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COMPLIANCE ORDER BY CONSENT (KODIAK ISLAND BOROUGH)
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Signature Page for Compliance Order by Consent in:
In the Matter of the State of Alaska, Department of Environmental
Conservation v. Kodiak Island Borough
DATED: KEVIN G. CLARKSON
ATTORNEY GENERAL
By:
Nathaniel J. Haynes
Assistant Attorney General
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COMPLIANCE ORDER BY CONSENT (KODIAK ISLAND BOROUGH)
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Signature Page for Compliance Order by Consent in:
In the Matter of the State of Alaska, Department of Environmental
Conservation v. Respondent Kodiak Island Borough
DATED: RESPONDENT KODIAK ISLAND BOROUGH
By:
[Print Name]
[Print Title]
ACKNOWLEDGMENT
I, , hereby certify that I hold the position of
and that I am a responsible official for Respondent Kodiak Island
Borough (“Respondent”) and that I have the authority to enter into this Order on behalf of
the Respondent and to otherwise legally bind the Respondent. I hereby acknowledge that
I have freely and voluntarily entered into this agreement with the State of Alaska on
behalf of the Respondent.
SUBSCRIBED AND SWORN to before me this ___ day of __________, 2020.
Notary Public, State of Alaska
My commission expires:
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COMPLIANCE ORDER BY CONSENT (KODIAK ISLAND BOROUGH)
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EXHIBIT 1
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Compliance Order by Consent (Kodiak Island Borough LTP)
ADEC Enforcement Tracking No. 18-R1324-50-0002 Page 1 of 38
BEFORE THE STATE OF ALASKA
DEPARTMENT OF ENVIRONMENTAL CONSERVATION
In the matter of: )
STATE OF ALASKA, DEPARTMENT OF )
ENVIRONMENTAL CONSERVATION, )
) COMPLIANCE ORDER BY
Complainant, ) CONSENT
)
vs. )
)
KODIAK ISLAND BOROUGH, )
)
)
Respondent. )
)
ADEC Case No. 2018-R1324
Enforcement Tracking No. 18-R1324-50-0002
WHEREAS, the State of Alaska, Department of Environmental Conservation
(“State,” “the department,” or “ADEC”) and Kodiak Island Borough (“KIB” or
“Respondent”) (also individually referred to herein as “Party” and collectively as “the
Parties”), desire to resolve and settle a disputed matter in order to avoid the uncertainty
and expense of a formal civil enforcement proceeding,
NOW, THEREFORE, the Parties agree as follows:
I. JURISDICTION AND VENUE
This Compliance Order by Consent (hereinafter “Order”) is entered into
under the authority granted to the department by AS 46.03.020, AS 46.03.760(e),
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AS 46.03.765, AS 46.03.850, and 18 AAC 95.160, and under the settlement authority
of the Attorney General under AS 44.23.020.
Any judicial action brought by either party to enforce or adjudicate any
provision of the Order shall be brought in the Superior Court for the State of Alaska,
Third Judicial District at Anchorage.
II. FINDINGS AND CONCLUSIONS
A. Factual Background
The Respondent is the owner and operator of the Kodiak Island
Borough Landfill (“Facility”). The Respondent operates the Facility at 1203
Monashka Bay Road, Kodiak Island, Alaska and receives mail at 710 Mill Bay Road,
Kodiak, AK 99615.
ADEC issued Alaska Pollutant Discharge Elimination System
individual permit (“IP”) AK0053481 to the KIB for discharge of treated leachate
from the leachate treatment plant (“LTP”) to waters of the United States (“U.S.”) on
February 17, 2015. The LTP IP became effective September 1, 2015 and expired on
August 31, 2020. The KIB timely submitted an application for permit reissuance to
ADEC on March 4, 2020. ADEC APDES Permitting administratively extended
AK0053481 on August 31, 2020. The conditions of AK0053481 as issued in 2015
continue in force until the effective date of a reissued AK0053481.
AGENDA ITEM #2.b.
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On March 13, 2017, ADEC inspected the KIB LTP as part of a routine
inspection to determine compliance with the LTP IP. Based on that inspection,
ADEC sent a Compliance Letter to the Respondent on April 24, 2017, setting out
alleged violations of the LTP IP (Attachment 1 Order).
On November 20, 2018, ADEC conducted an unannounced inspection
of the KIB LTP to determine compliance with the LTP IP in response to reports that
the KIB had performed an unauthorized bypass of the LTP and was discharging
untreated landfill leachate to waters of the U.S. in violation of the permit. The
inspection revealed that the bypass of the LTP commenced on November 12, 2018
and ceased on November 22, 2018. On December 14, 2018, ADEC issued a Notice
of Violation (“NOV”) to Respondent, setting out alleged violations of the LTP IP.
(Attachment 2 of this Order).
On October 31, 2019, the KIB notified ADEC that another bypass of the
LTP would be performed. The second bypass of the LTP and resulting discharge of
untreated leachate to waters of the U.S. commenced on November 4, 2019 and
continued until November 17, 2019. During that period, on November 8, 2019,
ADEC issued a NOV setting out alleged violations of the LTP IP. (Attachment 3 of
this Order).
During case development, ADEC identified additional violations that
occurred after the LTP IP was issued, but that were not previously identified in
compliance letters or NOVs, as detailed in Paragraphs 25 through 30.
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B. Alleged Violations
Compliance Letter
Failure to perform whole effluent toxicity (“WET”) testing in violation
of Permit part 1.3.1.2. WET tests are required to be performed twice per year, once
in the summer and once in the winter.
Failure to perform WET tests on the same day as metals sampling.
Permit part 1.3.1.3 states: “Samples shall be collected the same day as priority
pollutant and metals sampling.”
Failure to submit written notification that a Quality Assurance Project
Plan (“QAPP”) has been developed and implemented. Permit part 2.1.1 requires a
permittee to submit written notice to DEC that the QAPP has been developed and
implemented.
Failure to submit written notification that a Best Management Practices
(“BMP”) Plan has been developed and implemented. Permit part 2.2.2 requires a
permittee to submit written notice to DEC that the BMP Plan has been developed and
implemented.
Failure to annually review and certify the BMP Plan. Permit part 2.2.5
requires annual review and certification of the BMP Plan.
Failure to keep operation and maintenance records. Permit Appendix A
part 1.11.2 requires permittees to keep monitoring records, including all calibration
and maintenance records, on site.
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Failure to report required analytical monitoring results for pollutants.
Permit Appendix A part 3.2 requires permittees to submit monitoring results to the
Department.
Failure to comply with maximum daily and average monthly ammonia
effluent concentration limits contained in Permit part 1.2.
Failure to provide required notice to DEC of effluent violations. Permit
Appendix A part 3.4 requires permittees to provide 24-hour verbal notification and
five-day written notification of effluent limit violations.
First Notice of Violation
Unauthorized discharge of untreated leachate to waters of the U.S. via
bypass. Permit part 1.1.1 implements effluent limits for discharge of treated leachate,
and Permit Appendix A part 2.6.1 prohibits bypass.
Failure to notify DEC of anticipated noncompliance. Permit part 2.2.1
requires seven days prior notification before commencing activities that may result in
noncompliance with permit requirements.
Failure to properly operate and maintain facility treatment processes.
Permit part Appendix A, section 1.6 states a permittee “shall at all times properly
operate and maintain all facilities and systems of treatment and control and related
appurtenances that the permittee installs or uses to achieve compliance with the
conditions of the permit.”
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Failure to comply with maximum daily and average monthly ammonia
effluent concentration limits and total suspended solids average monthly effluent
concentration limits contained in Permit part 1.2.
Failure to provide required notice to DEC of effluent violations. Permit
Appendix A part 3.4 requires permittees to provide 24-hour verbal notification and
five-day written notification of effluent limit violations.
Second Notice of Violation
Unauthorized discharge of untreated leachate to Waters of the U.S. via
bypass. Permit part 1.1.1 implements effluent limits for discharge of treated leachate,
and Permit Appendix A part 2.6.1 prohibits bypass.
Failure to provide information in a timely fashion in response to
ADEC’s October 29, 2019 document request for copies of permit-required
documents. Permit Appendix A part 1.9 states that a permittee shall, within a
reasonable time, provide to the Department any information that the Department
requests to determine whether a permittee is in compliance with the permit.
Additional Violations
Failure to perform pH and total residual chlorine analysis within
sampling method hold times. Permit Appendix A part 1.11.4 states: “Analyses of
pollutants must be conducted using test procedures approved under 40 CFR Part
136.”
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Failure to report pollutant loadings on discharge monitoring reports.
Permit part 1.2.1 states: “The permittee must limit and monitor discharges from
Outfall 001 as specified in Table 2.”
Submittal of certified discharge monitoring reports (“DMRs”)
misrepresenting the status of the facility’s discharge. The KIB LTP commenced
discharge on February 16, 2016. DMRs submitted to the Department March 7, 2016,
April 5, 2016 signed and certified by Carl Royall, lead treatment plant operator,
indicated “no discharge” occurred for the months of February and March. Permit
Appendix A part 1.12.1 prohibits knowingly making any false representations about
any material fact in a monitoring report.
Failure to obtain Engineering Plan Approval prior to modification of
treatment. 18 AAC 72.600(a) requires that any person “who constructs, alters,
installs, modifies, or operates any part of a nondomestic wastewater treatment works
or disposal system must first have written department approval of engineering plans
submitted under this section.”
Failure to update QAPP when sampling collection, analysis, or other
procedures change. Permit part 2.1.6 states: “The permittee must amend the QAPP
whenever sample collection, sample analysis, or other procedure addressed by the
QAPP is modified.”
Failure to develop a QAPP that meets the requirements of permit parts
2.1.5.1 and 2.1.5.2.
AGENDA ITEM #2.b.
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Summary of Effluent Violations
Since the permit became effective in September 1, 2015, the KIB LTP
discharge has exceeded the daily maximum and monthly average ammonia
concentration limits under Permit part 1.2 in twelve of the seventeen calendar
quarters. The LTP discharge has exceeded the monthly average ammonia loading
limit in pounds per day in nine of the seventeen calendar quarters, and exceeded the
daily maximum ammonia loading limit in pounds per day in eight of the seventeen
calendar quarters.
Since the permit became effective in September 1, 2015, the KIB LTP
discharge has exceeded the limits under Permit part 1.2 for one of the seventeen
calendar quarters for benzoic acid concentration (monthly average), total phenols
concentration (daily maximum and monthly average), and five-day biochemical
oxygen demand (monthly average concentration and loading, daily maximum
concentration).
C. Statutory and Regulatory Authority
The following statutory and regulatory authorities apply to the
Respondent and its operation of the Facility:
a. Section 301 of the federal Clean Water Act, as amended, 33 U.S.C. §
1251 et seq. (“CWA”), prohibits the discharge of pollutants by any person
from any point source into waters of the U.S. except, inter alia, as authorized
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by a National Pollutant Discharge Elimination System (“NPDES”) permit
issued pursuant to CWA Section 402. 33 U.S.C. §§ 1311(a), 1342.
b. Alaska Statute (“AS”) 46.03.050 grants ADEC jurisdiction to prevent
and abate the pollution of the waters of the state.
c. Pursuant to AS 46.03.020, ADEC has received authorization to
administer the CWA and the NPDES program through the Alaska Pollutant
Discharge Elimination System (“APDES”).
d. AS 46.03.100(a) and prohibits any person from discharging pollutants
into the waters of the state without prior authorization from ADEC.
e. 18 AAC 83.405(b) provides that all permittees must comply with the
conditions of their permit, and that failure to do so is a violation of 18 AAC
83, AS 46.03, and the CWA.
f. 18 AAC 83.415 provides that bypass is prohibited, and that the
department may take enforcement action against a permittee for any bypass.
g. AS 46.03.760(e) provides that a person who violates or causes or
permits a violation of a provision of AS 46.03, a regulation promulgated by
ADEC, a lawful order of the State, or a permit or term or condition of a permit
issued under AS 46.03, is liable to the State in a civil action for a sum to be
assessed by the court of not less than $500 nor more than $100,000 for the
initial violation, nor more than $10,000 for each day after that on which the
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violation continues. These amounts apply separately to each violation of a
statute, regulation, permit, or order.
D. Definitions
The definitions set forth in AS 46.14.990 and 18 AAC 83.990 apply to
terms utilized in this Order, including, without limitation:
a. APDES permit number AK0053481 (the LTP IP) is a water discharge
permit for purposes of AS 46.03 and 18 AAC 83, and is the applicable
operating permit for purposes of this Order. Any reference to the LTP IP
includes both the currently effective permit and any future reissuance of the
permit.
b. “Bypass” means the intentional diversion of waste streams from any
portion of a treatment facility.
c. “Discharge” means the definition set out at 18 AAC 83.990(22) and 33
U.S.C. § 1362(16).
d. “Facility” is the Kodiak Island Borough Landfill, which is a “facility or
activity” as that term is defined in 18 AAC 83.990(29).
e. “Performance period” means a grace period in which the KIB may
finalize installation and work through potential issues with initial operation of
the treatment upgrade selected under Paragraph 39. During this period, the
KIB will not incur stipulated penalties under this Order for any violation of
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effluent limits, nor will such violations be grounds for modification,
revocation, or termination of this Order under Paragraph 72.
f. Respondent (the KIB) is a “person” as that term is defined in AS
46.03.900(18) and an “owner or operator” as defined in 18 AAC 83.990(45).
g. “Substantial completion” means i) all equipment necessary for
successful operation of the treatment upgrade has been constructed or
installed, and satisfactorily tested under the range of normal conditions; (ii)
personnel have been trained in proper operation of the treatment upgrade; (iii)
functional testing is complete and the treatment upgrade is functionally
operational; (iv) a complete operations and maintenance manual is available
on site; and (v) the KIB has put the treatment upgrade into service. “Put into
service” means that the KIB has begun active processing of leachate through
the treatment upgrade.
h. “Waters of the United States” means the definition set out at 18 AAC
83.990(77).
III. REQUIRED CORRECTIVE ACTIONS
Respondent shall complete the corrective actions set forth below no
later than the dates specified in this Order or otherwise approved by ADEC in
writing.
Quality Assurance Project Plan
AGENDA ITEM #2.b.
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No later than 02/1/2021, the KIB shall update the Quality Assurance
Project Plan (“QAPP”) to address all QAPP-related violations identified in Section
II.B. of this Order and shall submit a draft of the updated QAPP to ADEC for review.
No later than 03/03/2021, ADEC will complete its review of the draft QAPP and
provide comments to Respondent.
No later than 04/2/2021, Respondent shall submit the final QAPP to
ADEC. The final QAPP must incorporate ADEC’s comments on the draft QAPP. In
a separate cover letter submitted with the final QAPP, Respondent shall specifically
address how each ADEC comment was incorporated into the final QAPP.
Engineering Assessment and Facility Upgrades
No later than 03/01/2021, the KIB shall complete an engineering
assessment of possible facility upgrades necessary to maintain compliance with the
ammonia discharge limits of the LTP IP and shall submit a report of the engineering
assessment to ADEC for review. The engineering report must include a gap analysis
and propose potential treatment upgrades for each shortcoming identified in the
assessment and in Section II.B. of this Order, including but not limited to the
following issues:
a. Compliance with ammonia permit limits, including any issues with the
nitrification process as a result of low temperatures;
b. Calcification of the LTP membranes;
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c. Avoidance of future bypasses of the LTP, including options to increase
the leachate lagoon storage capacity;
d. If a treatment upgrade would produce additional solids for the KIB to
dispose of, the engineering report must recommend consultation with ADEC
Solid Waste and must propose a method of managing those solids to comply
with permit part 2.2.4.2.1 and permit part 2.3.
No later than 08/30/2021, the KIB shall select a treatment upgrade from
the possible upgrades identified in the engineering report and shall submit to ADEC
Engineering Support and Plan Review, for review per 18 AAC 72, engineering plans
that meet the requirements of 18 AAC 72.600(c) for the selected treatment upgrade,
with a copy to all Parties in Paragraph 76 of this Order. At the time of submission of
the selected treatment upgrade, Respondent will submit a proposed deadline for
substantial completion of construction of the upgrade. ADEC will review the
proposed deadline and approve it or require modification. Upon written ADEC
approval, the substantial completion deadline shall be incorporated into and become
enforceable under this Order.
Respondent shall alter or resubmit the plans as directed by ADEC to
bring the plans into conformance with 18 AAC 72. Respondent shall obtain written
ADEC approval prior to making any revision to the ADEC-approved design.
The KIB may not begin construction of any treatment upgrade before
the KIB receives DEC approval of engineering plans under Paragraphs 39 and 40.
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The KIB shall have a performance period in which DEC shall not
consider any unintentional exceedances of permit limits to be violations of this Order
or the LTP IP (“Performance Period”). The KIB may operate the LTP during the
Performance Period without obtaining Final Approval to Operate for the selected
treatment upgrade. The Performance Period shall begin when substantial completion
of the treatment upgrade is achieved as required by Paragraph 39, and shall end 90
days after the period begins.
No later than 90 days after achieving substantial completion of the
treatment upgrade, the KIB shall submit engineering as-builts and other information
necessary to receive Final Approval to Operate from ADEC per 18 AAC 72.600.
After the Performance Period ends, the KIB may not continue to operate the LTP
without Final Approval to Operate.
Whole Effluent Toxicity Testing
The KIB shall perform all whole effluent toxicity (“WET”) tests
required by permit AK0053481. The KIB shall collect WET samples the same day as
ammonia and metals effluent samples.
Other Compliance Requirements
ADEC Requests for Additional Information or Corrective Action. If at
any time after the Effective Date of this Order, ADEC determines that the corrective
actions required in Paragraphs 36 through 44 may be insufficient to achieve the
purposes of this Order, ADEC will make a written request with a reasonable deadline
AGENDA ITEM #2.b.
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that the Respondent provide additional information or undertake additional corrective
actions. If the Parties agree as to the additional corrective action, the request shall
immediately take effect, be incorporated herein, and become enforceable under this
Order.
Duty to Correct Inaccurate Information. If Respondent becomes aware
that it submitted inaccurate information to ADEC, Respondent must submit the
corrected information to ADEC within fourteen (14) days of discovery.
IV. CIVIL PENALTIES AND ASSESSMENTS
Civil Penalties and Assessments. Respondent shall pay ADEC civil
penalties and assessments pursuant to AS 46.03.760(a) in the amount of $20,000.00
(“the Penalty Amount”) within thirty (30) days of the execution of this Order. For
purposes of this Order only, the Penalty Amount represents reasonable compensation
to ADEC for the alleged violation, an assessment of the gravity of the alleged
violation, the length of the violation, and the size and type of the violator.
Additional Payment Terms and Conditions. The penalty amount and
any other sums due under this order shall bear interest at the rate of 10% per annum
from the date due until paid in full. In the event of a partial payment, the payment
shall be applied first to any interest owed and the remainder shall be applied to the
penalty or other amount due under this Order.
Manner of Payment. All payments of any kind required under this Order
must: (i) be made payable to the State of Alaska; (ii) include the ADEC Enforcement
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Tracking number of this Order; (iii) be delivered to the Alaska Department of
Environmental Conservation, Attn: Sandra Rasmussen, Water Administrative
Services, 555 Cordova St, Anchorage, Alaska 99501; and (iv) unless otherwise
provided herein, include all applicable interest that is due calculated at the rate and
for the applicable number of days as provided in Paragraph 49 above.
If any payment required by this Order is not received by the Alaska
Department of Law (“ADOL”) on time, or if any negotiable instrument presented as
payment is not honored, ADEC is entitled to immediate payment of the total amount
due under this Order, including but not limited to the Penalty Amount, Stipulated
Penalties, interest, administrative costs and expenses, attorney’s fees and costs
(including all costs incurred seeking to collect any amounts owing), and may file a
civil action to collect the amounts due. In any such collection action, the validity,
amount, and appropriateness of such assessments, penalties, and other fees and
expenses shall not be subject to review.
If, pursuant to Paragraphs 66 and 71, ADEC seeks additional civil
assessments, penalties, damages, or other monetary relief for the alleged violations
described in Section II (Findings and Conclusions) as a result of the Respondent’s
breach of any requirement of this Order, then the amounts Respondent already paid
under this Section IV (Civil Penalties and Assessments) shall offset any subsequent
civil assessments or penalties for those specific violations, but in no event shall
ADEC be required to refund any portion of any civil assessments, penalties,
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damages, or monetary relief paid by the Respondent under this Order or any other
costs incurred by the Respondent.
Costs Incurred by Respondent. The Respondent shall bear all its own
costs in carrying out the requirements of this Order.
V. STIPULATED PENALTIES
Stipulated Penalty Amounts. In addition to any other sums due or
payable under this Order or applicable law or regulations, if the Respondent fails to
comply with the terms of this Order or the LTP IP, the Respondent shall pay
Stipulated Penalties (“Stipulated Penalties”) to the State as outlined in this Section.
Late Payment of Civil Penalty or Assessments. If the Respondent fails
to pay the Penalty Amount required under Section IV of this Order (Civil Penalties
and Assessments) when due, the Respondent shall pay a stipulated penalty of $1,000
per day for each day the payment is late.
Reporting and Notification Violations. Respondent shall pay a
stipulated penalty of $500 per day, per violation for:
a. Failing to report to, or notify, ADEC as required by this Order or the
LTP IP;
b. Providing a late or materially incomplete report or notice required by
this Order or the LTP IP;
c. Providing late or materially incomplete information in response to any
ADEC written Information Request under this Order or the LTP IP;
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d. Providing late or materially incomplete information in response to an
ADEC written information request regarding a report, a notice, or a response
to an ADEC initial information request, under this Order or under the LTP IP.
Failing to take corrective actions, or sufficient corrective actions, when
required to do so under this Order or the LTP IP.
Bypass of the LTP. Respondent shall pay a stipulated penalty of $2,500
per day, per violation for any unapproved bypass of the LTP.
Recordkeeping Violations. For a failure to record or retain any records
required by this Order or the LTP IP to be recorded or retained, Respondent shall pay
$500 per record and, if the missing entry can be accurately generated or recreated,
the Respondent shall do so. For purposes of this Paragraph the term "record" means
every observation or data entry required to be made at one time. Failure to produce a
record during an inspection creates a rebuttable presumption that the record does not
exist. The Respondent may rebut this presumption by producing the record within 24
hours of the inspection.
Other Violations. For any other violation of this Order or the LTP IP
that is not addressed above: $500 per violation per incident, or per day for continuing
violations, with the additional requirement to mitigate or generate/recreate.
Accrual of Stipulated Penalties. Stipulated Penalties begin to accrue on
the day after performance is due or on the day a violation occurs. Stipulated Penalties
continue to accrue each day for continuing violations through the final day of the
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correction of the noncompliance or completion of the activity. Separate Stipulated
Penalties accrue for each separate violation of this Order. Stipulated Penalties accrue
automatically regardless of whether ADEC has notified the Respondent of a
violation.
Payment of Stipulated Penalties. All Stipulated Penalties owed to the
State under Section V of this Order are due and must be paid no later than fifteen
(15) days after the Respondent’s receipt of a written demand from ADEC for
payment of the Stipulated Penalties, unless the Respondent invokes the procedures
under Paragraph 90 of this Order (Dispute Resolution). Stipulated Penalties shall be
paid as provided in Paragraph49.
Effect of Dispute Resolution. Stipulated Penalties and interest shall
continue to accrue on a per violation, per day basis during any dispute resolution
period and judicial review, if any, but do not become due until or unless:
a. If the dispute is resolved by agreement or by a decision of ADEC that
is not appealed to a judicial court as provided in Paragraph90, the Respondent
shall pay all accrued Stipulated Penalties and interest owed to the State within
fifteen (15) days of the agreement or the receipt of ADEC’s decision; or
b. If the dispute is appealed to a judicial court as provided in Paragraph90,
and ADEC prevails in whole or in part, the Respondent shall pay all accrued
Stipulated Penalties determined on appeal to be owed to the State, plus interest
AGENDA ITEM #2.b.
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from the original due date under this Order, within fifteen (15) days of receipt
of the final decision on appeal.
Interest on Late Payment of Stipulated Penalties. As described in
Paragraph 48, interest accrues on any Stipulated Penalties that remain unpaid after
the due date.
VI. EFFECT OF ORDER
Duty to Comply. Unless otherwise provided by this Order, the
Respondent shall comply with all the requirements of this Order, as well as the
requirements of any applicable permit, order, or federal state, or local environmental
law related to the Facility.
No Warranty by ADEC. Other than as provided in Paragraph 43, ADEC
does not warrant or represent that the Respondent’s compliance with this Order will
result in compliance with the provisions of any applicable permit, order, or federal
state, or local environmental law related to the Facility.
Covenant Not to Sue. Provided the Respondent complies with all
requirements of this Order, ADEC shall not institute any enforcement action against
the Respondent arising from the violations alleged in Section II (Findings and
Conclusions) of this Order.
Reservation of Rights.
AGENDA ITEM #2.b.
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a. ADEC reserves all rights and remedies, both legal and equitable, not
expressly waived in this Order.
b. ADEC reserves the right to initiate administrative or judicial
proceedings, including but not limited to those seeking new or additional civil
assessments, penalties, damages, injunctive relief, or other relief, for the
alleged violations described in Section II (Findings and Conclusions) above if:
(i) the Respondent does not fully and timely comply with the
provisions of this Order, to reasonable satisfaction of ADEC; or
(ii) in ADEC’s reasonable opinion, subsequently discovered
events or conditions constitute an immediate or imminent threat to public
health, public safety, or the environment, regardless of whether ADEC may
have been able to discover the event or condition prior to entering into the
Order;.
(iii) Respondent reserves the right to dispute the existence or extent
of an asserted violation notice imposing stipulated penalties under section
60 through the dispute resolution process in section 90[SMJ(1] of this COBC.
Third Party Rights Not Affected. This Order does not limit or affect the
rights of ADEC or the Respondent against any third parties, who are not party to this
Order. Unless otherwise provided by law, this Order does not limit or affect the
rights of any third parties against the Respondent or others.
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Not a Permit or Modification. This Order is not a permit or a
modification of any existing permit, under any federal, state, or local law or
regulation.
The parties recognize that ADEC APDES Permitting may propose a
new draft wastewater discharge permit (AK0053481) for the LTP discharge during
the effective term of this Order. This Order is not meant to impact the permitting
process for the potentially reissued discharge permit in terms of affecting the KIB’s
ability to interact with ADEC regarding the proposed permitting language or in terms
of influencing the eventual contents of this permit. The parties acknowledge that if a
materially changed reissued permit impacts the corrective actions required in the
Order, that the KIB may submit a modification proposal consistent with Paragraphs
76 (Notices) and 77 (Modifications).
VII. GENERAL CONDITIONS
a. Force Majeure. “Force Majeure,” for purposes of this Order, is defined
as any event arising from causes beyond the control of the Respondent, any
entity controlled by the Respondent, or the Respondent’s contractors that
delays or prevents the timely performance of any obligation under this Order
despite the Respondent’s best efforts to fulfill the obligation. The requirement
that the Respondent exercise “best efforts to fulfill the obligation ” includes
using best efforts to anticipate any potential Force Majeure event and best
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efforts to address the effects of any such event: i) as it is occurring, and ii)
after it has occurred to prevent or minimize any resulting delay to the greatest
extent possible. “Force Majeure” does not include the Respondent’s financial
inability to perform any obligation under this Order or any delay in
performance due to the Respondent’s failure to obtain, or delay in obtaining,
any state or local permits. However, Force Majeure shall include any delay in
the performance of any obligation resulting from the Respondent’s failure to
obtain, or a delay in obtaining, any federal or State permit or approval required
to fulfill such obligation, if the Respondent has submitted timely and complete
applications and has taken all other actions necessary to obtain all such
permits or approvals.
b. If any event occurs which KIB believes may delay performance of any
obligation under this Order, KIB shall promptly notify ADEC orally and shall,
within five (5) business days of when KIB first discovered that the event may
cause delay of an obligation: (i) notify ADEC in writing in accordance with
Paragraph 76 (Notices) of the event, its causes and the reasons for the delay,
the anticipated length of the delay, and all the measures taken and/or to be
taken by KIB to prevent or minimize the delay; (ii) provide a schedule for
implementation of any measures to be taken to prevent or minimize the delay
or the effect of the delay; (iii) include the amount of time requested as an
extension of any obligation under this Order; (iv) state KIB’s rationale for
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attributing any such delay to a Force Majeure event if it intends to assert such
a claim; and (v) include a statement as to whether, in KIB’s opinion, such
event may cause or contribute to an endangerment to public health, welfare, or
the environment. KIB shall adopt all reasonable measures to avoid or
minimize any such delay of an obligation under this Order.
c. A request for an extension of time under this Paragraph does not toll or
extend any deadlines under this Order unless agreed to in writing by ADEC. If
ADEC agrees that the delay or anticipated delay is attributable to a Force
Majeure Event, the time for performance of the obligations under this Order
will be extended by ADEC, retroactively and/or prospectively, for such time
as is reasonably necessary to complete those obligations, and ADEC will
notify KIB in writing of the length of the extension which has been granted
and any other conditions which may apply. If ADEC does not agree that the
delay or anticipated delay has been or will be caused by a Force Majeure
Event, ADEC will notify KIB in writing of its decision. Any such notice can
be submitted under Paragraph 90 for Dispute Resolution.
d. The failure to comply with the requirements of this Paragraph shall
preclude KIB from asserting any claim of a Force Majeure Event for that event
for the period of time of such failure to comply and for any additional delay
caused by such failure.
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e. The granting of an extension of the time for the performance of
obligations affected by the Force Majeure Event does not extend the deadlines
or time for performance of any other obligation under this Order.
Purpose of Order. The Parties enter into this Order to further the
pollution prevention goals of the CWA, the APDES Program, and the respective
implementing regulations. All obligations under this Order have the objective of
causing the Respondent to achieve and maintain compliance with the CWA and the
APDES Program, including any APDES permits issued with respect to operations at
the Facility, and of protecting human health, public safety and welfare, and the
environment.
Breach. Any failure to fully and timely comply with any of the
requirements set forth in this Order may, at ADEC’s option, be deemed a material
breach of this Order and may result in prompt legal action, enforcement action, or
other action to enforce any requirement of this Order, in addition to any other
applicable legal or regulatory requirements. ADEC may treat any failure to comply
as the basis for ADEC’s revocation, modification, or termination of this Order.
No Waiver. A failure by ADEC to enforce any provision of this Order,
for any reason, shall not be construed as a waiver of ADEC’s right to insist on strict
performance of each provision of this Order, including the provision that was
initially unenforced.
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Need to Halt or Reduce Activity Not a Defense. It shall not be a defense
for the Respondent in any enforcement or other action by ADEC that it would have
been necessary to halt or reduce its operations in order to maintain compliance with
this Order, or that it is financially unable to perform any obligation under this Order.
Indemnification. The Respondent shall hold the State and its
representatives, agents, and employees harmless and indemnify and defend the State
against all claims, liabilities, losses, damages and costs awarded or incurred,
including attorney fees, and against all actions and claims, whether wrongfully
brought or not, including but not limited to third-party claims for injury to or death of
persons and loss of or damage to property arising out of or in any manner connected
with the incidents which gave rise to this Order, except for any claims arising out of
the sole negligence of the State.
Notice. All notices, demands, submissions, applications, reports, logs,
data, and other communications which either Party is required to provide to the other
in connection with this Order (“Notices”) shall (i) be given in writing; (ii) reference
Enforcement Tracking No. 19-R0270-50-0002; (iii) be made only by personal
delivery, express courier service or certified mail with return receipt requested, or via
email; and (iv) such delivery shall be to the addresses set forth below for the
respective Party. All Notices shall be effective upon receipt by the Party (as
confirmed by the delivery service utilized under this Paragraph) to whom the Notice
is being given (“Effective Delivery”).
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To ADEC:
Alaska Department of Environmental Conservation, Division of Water
Attn: Melinda Smodey, Enforcement Section
555 Cordova St
Anchorage, AK 99501
Email: Melinda.smodey@alaska.gov
With a copy to:
Alaska Department of Law – Environmental Section
Attn: Nathan Haynes, Asst. Attorney General
1031 W. 4th Avenue, Suite 200
Anchorage, AK 99501-1994
Email: Nathan.Haynes@alaska.gov
To Respondent:
Kodiak Island Borough
Attn : Michael Powers, Borough Manager
710 Mill Bay Road
Kodiak, AK, 99615-6398
Email : mpowers@kodiakak.us
Modifications. Except as otherwise provided in this Order, any
amendments or changes to this Order must be in writing and signed by all Parties,
including both the ADEC Director of Water and an authorized representative of the
ADOL on behalf of the State.
State Not a Party to Contracts. The State of Alaska shall not be held as a
party to any contract or other agreement that the Respondent enters into regarding
any activities conducted pursuant to this Order.
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Rule of Law/Jurisdiction. This Order shall be governed by and
construed in accordance with the laws of the State of Alaska. Jurisdiction for any
legal action arising under or related to this Order shall be only in the Superior Court
for the State of Alaska.
Right of Entry and Access to Information. Respondent shall allow
ADEC representatives unrestricted entry and access to the Facility at reasonable
times—for the purpose of determining compliance with this Order and any
applicable statute, regulation, or permit—to copy any records, inspect any
monitoring equipment, test methods, collect samples, take video or photographs,
make recorded interviews, and conduct any other activities that ADEC deems
reasonably necessary to determine compliance. Respondent may have a
representative accompany ADEC’s representative during that time. Notwithstanding
Paragraphs 45and81, the Respondent shall also promptly provide ADEC with any
other information that ADEC may request during the inspection.
Document Retention. For not less than two years after the termination
of this Order, the Respondent shall maintain legible copies of all records and reports,
and documentation of their retention, required by this Order. The Respondent shall
provide such documents to ADEC within fourteen (14) days of ADEC’s written
request for such information.
Certification of Documents, Reports and Other Submissions. All
documents, other records, reports and other submissions that must be provided to
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ADEC under this Order shall be signed and certified under penalty of law by a
responsible official of the Respondent in the manner as provided in 18 AAC 83.385,
including the following certification:
I certify under penalty of law that this document and all attachments were prepared
under my direction or supervision in accordance with a system designed to assure
that qualified personnel properly gather and evaluate the information submitted.
Based on my inquiry of the person or persons who manage the system, or those
persons directly responsible for gathering the information, the information
submitted is, to the best of my knowledge and belief, true, accurate, and complete.
I am aware that there are significant penalties for submitting false information,
including the possibility of fine and imprisonment for knowing violations.
Severability. The provisions of this Order are completely severable.
Should a court declare any part of this Order void, invalid, or unenforceable, all other
provisions of this Order shall remain in full force and effect. If a court does so
declare, the Parties shall promptly meet and, in good faith, seek to negotiate
replacement language that most nearly effectuates the original intent of the Parties.
Rules of Construction. This Order has been freely negotiated between
the Parties, and its terms shall not be more strictly construed against either Party.
Headings. The headings in this Order are for ease of reference only and
shall not affect the interpretation of any of the terms and conditions contained herein.
Parties Bound. This Order binds the State of Alaska and the
Respondent, their officers, employees, agents, successors, and assigns, and all
persons and entities acting on behalf of the Respondent.
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Termination. The minimum term of this Order is five (5) years from its
Effective Date. At any time thereafter, the Respondent may request in writing that
ADEC terminate this Order. The Order will not terminate absent ADEC’s and
ADOL’s written and signed consent. In seeking ADEC’s consent to terminate the
Order the Respondent must demonstrate that:
a. The Respondent has paid all monies, damages, civil penalties and
assessments (including suspended payments, if applicable), Stipulated
Penalties, and interest which have become due under this Order;
b. The Respondent is in full compliance with this Order and any
applicable permits, orders, authorizations, or federal, state, or local
environmental laws related to the Facility;
c. There are no unresolved matters still subject to Dispute Resolution
pursuant to Paragraph 90 of this Order; and
d. No enforcement action under this Order or any other applicable federal,
state, or local environmental law related to the Facility is pending.
No Admission of Liability. The parties have entered into this Order to
resolve and settle a disputed matter and thereby avoid the uncertainty and expense of
a formal civil enforcement proceeding. By entering into this Order, the Respondent
neither admits nor denies the allegations in Section II (Findings and Conclusions) of
this Order, and nothing in this Order shall constitute or be construed as an admission
of liability or wrongdoing on the part of the Respondent.
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Applicability of Other Legal Obligations and Laws. Unless expressly
provided otherwise herein, the requirements set forth in this Order are in addition to
any requirements set forth in any permit, order, or authorization which ADEC has
issued or may issue to the Respondent and any other applicable state, federal, or local
law, regulation, permit, other authorization or order.
Dispute Resolution.
a. Informal Dispute Resolution. Any dispute under this Order shall first be
the subject of informal negotiations between the Parties at the staff level. The
dispute shall be considered to have arisen on the day one Party delivers to the
other Party a written Notice of Dispute, or on the day following delivery by
overnight courier or three (3) days following delivery by U.S. Mail, return
receipt requested. The Notice of Dispute shall clearly describe the matter in
dispute and include or reference the relevant documentation. The period of
informal negotiations shall not exceed thirty (30) days from the date the
dispute arises, unless that period is modified by written agreement of the
Parties.
b. Formal Dispute Resolution. If the Parties cannot resolve a dispute by
informal negotiations within the time period provided in subparagraph (a),
then the position advanced by ADEC shall be considered binding unless,
within fifteen (15) days after the conclusion of the informal negotiation period,
the Respondent makes a written request for the ADEC Commissioner, or the
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Commissioner's delegate (collectively “Commissioner”), to formally resolve
the dispute. The Commissioner may meet with the Parties or request
submission of briefing, particular documents, or other evidence as the
Commissioner deems advisable to resolve the dispute, but the Parties agree
that formal adjudication proceedings under 18 AAC 15 or any other statutes or
regulations (including AS 44.62) are not contemplated or required. The
Commissioner will issue a final determination in writing. That written decision
will be final for purposes of judicial review pursuant to Alaska Rule of
Appellate Procedure 602(a)(2). The Commissioner’s determination will
remain in effect pending resolution of any judicial appeal unless a stay is
sought and granted by the court on appeal.
c. In any dispute under this Paragraph, the Respondent shall bear the
burden of proof that its position complies with the terms and conditions of this
Order, including but not limited to Paragraph 71(Purpose of Order). However,
in any dispute concerning termination of this Order, the Respondent shall bear
the burden of proof that all conditions required for termination of this Order
have been satisfied.
d. The pendency of any dispute pursuant to this Paragraph shall not affect
the responsibility of the Respondent to continue to fully and timely perform all
of its obligations under this Order.
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Time of the Essence. Time is of the essence as to each provision of this
Order.
Computation of Time Periods. Unless otherwise provided herein, all
references to dates in this Order shall be to calendar days. If a deadline falls or occurs
on a Saturday, Sunday, or legal holiday recognized by the State of Alaska, the
deadline shall be extended only until the next day which is not a Saturday, Sunday,
or legal holiday.
Effective Date. The effective date (“Effective Date”) of this Order is the
date of the last signature, below, on this Order by an authorized representative of the
Respondent, ADEC, and ADOL.
Understanding of Terms / Voluntary Agreement. Each party affirms that
it has had the opportunity to consult with an attorney, has carefully read and
understands the scope and effect of the provisions of this Order, and has voluntarily
entered into this Order.
Signatory Authority. Each individual signing this Order on a Party’s
behalf certifies and warrants that he or she is authorized to enter into this Order on
the Party’s behalf.
Counterparts. This Order may be executed in several counterparts, each
of which shall be deemed an original, but all of which, taken together, shall
constitute one and the same document. For purposes hereof, a facsimile or scanned
copy of a signature page hereto shall be deemed to be an original.
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Retention of Copy of Order at Facility. A copy of this Order (including
any Attachments) must be kept at the Facility and made available to ADEC upon
request.
Duty to Inform. Following the Effective Date of this Order, the
Respondent must promptly provide a copy of this Order (including the attached
Attachments) or make it reasonably available to all officers, employees, agents,
consultants, contractors, and others whose duties or work might reasonably include
activities in any way related to compliance with any provision of this Order.
Attachments.
Attachment 1: April 24, 2017 Compliance Letter
Attachment 2: December 14, 2018 Notice of Violation
Attachment 3: November 8, 2019 Notice of Violation
Entire Agreement. This Order represents the entire agreement of the
Parties. There are no other oral or written understandings or agreements relating to
the subject matter of this Order.
[SIGNATURE PAGES TO FOLLOW]
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Signature Page for Compliance Order by Consent in:
In the Matter of the State of Alaska, Department of Environmental
Conservation v. Kodiak Island Borough
DATED: DEPARTMENT OF ENVIRONMENTAL
CONSERVATION
By:
Randy Bates, Director
Division of Water
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Signature Page for Compliance Order by Consent in:
In the Matter of the State of Alaska, Department of Environmental
Conservation v. Kodiak Island Borough
DATED: KEVIN G. CLARKSON
ATTORNEY GENERAL
By:
Nathaniel J. Haynes
Assistant Attorney General
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Signature Page for Compliance Order by Consent in:
In the Matter of the State of Alaska, Department of Environmental
Conservation v. Respondent Kodiak Island Borough
DATED: RESPONDENT KODIAK ISLAND BOROUGH
By:
[Print Name]
[Print Title]
ACKNOWLEDGMENT
I, , hereby certify that I hold the position of
and that I am a responsible official for Respondent Kodiak Island
Borough (“Respondent”) and that I have the authority to enter into this Order on behalf of
the Respondent and to otherwise legally bind the Respondent. I hereby acknowledge that
I have freely and voluntarily entered into this agreement with the State of Alaska on
behalf of the Respondent.
SUBSCRIBED AND SWORN to before me this ___ day of __________, 2020.
Notary Public, State of Alaska
My commission expires:
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EXHIBIT 1
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KODIAK ISLAND BOROUGH
Engineering & Facilities Department
MEMORANDUM
DATE: 12/7/2020
TO: Mayor William Roberts, Kodiak Island Borough Assembly, Manager Powers
FROM: David Conrad, E/F Director
RE: Landfill and Leachate Treatment Plant (LTP) Alaska Department of Environmental
Conservation Compliance Order by Consent (COBC)
These two COBC’s have been proposed, thoroughly reviewed by staff and consultants, discussed with the
ADEC and Attorney Scott Brandt-Erichsen prior to the final versions before you.
The proposed settlement agreement for the Alaska Pollutant Discharge Elimination System (APDES)
Multi Sector General Permit (MSGP) AKR06AC83 are from failures in compliance with multiple aspects
of the written requirements of the permit.
This action references deficiencies starting in 2017 which were corrected and answered by the KIB. In
addition, after permit review by the ADEC, multiple additional deficiencies related to failure to document
and properly sampling were not completed. The Storm Water Pollution Prevention Plan (SWPPP)
although submitted and reviewed by the ADEC was deemed inadequate and proper corrective actions
were not recorded or reported as required by the permit.
The most serious aspect related to two specific discharges of leachate to the environment. The incidents
referenced occurred during timeframes of above normal rainfall events. Coupled with the reduced
throughput of the plant due to fouled filter membranes (calcium accumulation) these events are significant
deficiencies as associated with the permit.
Section III if this document outlines the corrective actions that are a requirement of this settlement
agreement. The KIB staff and consultants have reviewed, discussed, and prepared suggested completion
dates that have been accepted by the regulators. These actions and dates are listed within the agreement.
Staff and consultants are already working to comply with these corrective actions.
The proposed civil penalty is $91,644.56.
The second COBC relates to the Alaska Pollution Discharge Elimination System (APDES) Individual
Permit (IP) AK0053481 specific to the discharge of treated leachate at the LTP.
The two discharges of untreated leachate associated with extreme rain events in November 2018 and
November 2019 are the primary causation for this citation.
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In addition, there are citations for not performing testing in the appropriate manner, inadequate reporting
of sampling results, lack of submission for the required Quality Assurance Project Plan (QAPP) and Best
Management Practices (BMP). Although these plans were prepared and submitted, once reviewed were
determined based on their evaluation as insufficient. Ongoing record keeping and failure to document
scheduled reviews were also cited.
Proper reporting requirements were not adhered to as defined in the permit language. Failure to operate
and maintain facility treatment processes resulting from exceedance of average monthly ammonia
discharge effluent concentration limits and total suspended solids.
Laboratory delays in processing and reporting have added to the issues with proper reporting. Sample
hold times sue to shipping delays and hold times extended at the former laboratory also contributed to the
violations. References to improper reporting of Discharge Monitoring Reports (DMR’s) from 2016 were
detected upon review of the permit required submission of documents.
The ADEC states that beginning in 2015, twelve of seventeen calendar quarters had exceedances of
monthly average ammonia discharge above the permitted discharge concentration limits. This has been
attributed to the fouling of membranes, fluctuating concentrations of leachate constituents, temperature
variations and less than adequate nitrification within the bioreactors.
Corrective actions have been discussed, developed, and submitted by staff and consultants for
consideration. These corrective actions are underway and have been accepted by the ADEC and included
in this document.
Updates to the QAPP and the engineering assessment for facility upgrades have been started to comply
with the ADEC submission dates. The engineering assessments include the possible installation of a
larger leachate storage area, direct conveyance of the leachate directly to the plant to utilize the storage
lagoon for temporary storage rather than general storage holding will increase the ability to contain high
flows associated with large rainfall events.
Proposed penalties have been assessed at $20,000.00.
The ADEC has requested that these actions be reviewed and evaluated by the decision-making authority
of the Kodiak Island Borough before the last day of December 2020. In consultation with the ADEC, the
Environmental Protection Agency (EPA) has requested that this action be closed by that same December
2020 date. If the KIB Assembly accepts and authorizes payment of the proposed fines by December 31,
2020, a ten percent reduction to the penalties will be applied.
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Amendment
Contract
Section Topic Reason for Change Explanation of Change
1 6.01(b)Mandatory Service
At the Borough's request, a new definition of
"self-haul" will clarify the charges that apply to
self-haul customers associated with using or
having the right to use Alaska Waste's
containers, which should reduce the amount
of commerical customers utilizing free disposal
at the Borough's landfill. At the Borough's
request, we will only provide bear resistent
containers to customers. Bear resistent
containers are only avialble in 95 gallon size.
Accordingly, we will remove references to 32
and 64 gallon containers.
Define rates to be charged for Residential and
Commercial self-hauling of solid waste.
Removes 32 & 64 gallon options which are no
longer offered. Commercial self-haul rate was
previously undefined.
2 6.03(b)Dumpster Options
These amendments will add 95 gallon roll carts
as an option for commercial customers and
will provide more equitable pricing for
commerical customers. This also provides
assurances that customers are using containers
of a sufficient size to handle volumes.
Clarify how contractor will determine
appropriate commercial service level. Clarify
limitations on commercial roll cart option to
encourage secure storage of waste.
3 6.03(c)-(e)Compactors Typos
Correct clerical error to remove duplicate
subsection labeling.
4 11.01
Contractor Service Fee for Cart
Service
These amendments are needed to establish
the 95 gallon roll cart services for commercial
customers.
Define commercial roll cart rate & commercial
extra bag rate. These rates were previously
undefined.
5 11.01 Dumpster Clean Up
These amendments are needed to secure
Alaska Waste's ongoing clean-up services,
rather than burden the Borough with these
services.
Define annual rate for contractor
reimbursement of Residential Roll-Off clean up
costs & annual rate adjustment calculation.
Prior language did not define who would pay
the clean up fee and how it would be
calculated & billed.
6 11.01 Commercial Extra Refuse
These amendments are needed to secure
Alaska Waste's ongoing collection of materials
outside of dumpsters, rather than burden the
Borough with these services.
Define rate per yard for collection of
commercial refuse that does not fit into
dumpster. This rate was previously undefined.
7 11.01
Contractor monthly Service
Fee for Dumpsters
These amendments are needed to clarify
current rates.
Update Dumpster rates effective 7/1/2020.
RFP Rates were updated to reflect annual
changes in CPI, PPI, and Disposal Cost
Components since submission of RFP Rates in
Feb 2019.
Dear Kodiak Island Borough Staff,
The intent of the proposed contract amendment is to make corrections both in favor of Kodiak Island Borough and Alaska Waste. We are also clarifying
definitions and rates that were previously unclear or omitted. Our hope is to come to an equitable agreement for all parties. If an amendment is not agreed
to, the likely outcome will be implementation of higher rates than are currently being charged to residential and commercial customers. The most impactful
adjustment to rates is the effective date of the landfill rate in the Disposal Cost Component.
1
AGENDA ITEM #8.a.
Amendment No. 1 Amending Contract No. FY2019-25 Residential and Commerci...
Page 83 of 123
8 11.01
Contractor Monthly Service
Fee for Roll-Off Service
These amendments are needed to clarify
current rates.
Update Roll-Off rates effective 7/1/2020. RFP
Rates were updated to reflect annual changes
in CPI, PPI, and Disposal Cost Components
since submission of RFP Rates in Feb 2019.
9 11.01
Contractor Monthly Service
fee for Cardboard Recycling
Services
These amendments are needed to clarify
current rates.
Update Cardboard Recycling rates effective
7/1/2020. RFP Rates were updated to reflect
annual changes in CPI, PPI, and Disposal Cost
Components since submission of RFP Rates in
Feb 2019.
10 11.03(c)(4)Disposal Cost Component
These amendments would clarify the landfill
rate used in the Disposal Cost Component
adjustments. These amendments would
reduce the collective service fee charges by
hundreds of thousands of dollars.
Correction of clerical error to adjust the
Disposal Cost Component from the landfill rate
as of 4/15/2018 ($323 per ton) to the landfill
rate as of October 2018 ($355 per ton) when
the contract request for proposal (RFP) was
issued. RFP rates were submitted using the
$355 per ton Disposal Cost Component. This is
an important adjustment because at the start
of the new contract 7/1/2020 rates were re-
calculated based on the 7/1/2019 & 7/1/2020
annual landfill rate adjustments.
11 23 Definitions
These amendments relate to the 95 gallon
commercial cart service mentioned above.
Replace previous "Cart" definition to clarify
difference between Commercial & Residential
cart service. Define Self-Haul.
12 Container & Lock Bar Rent
Contractor agrees to no longer charge monthly
rent for containers and lock bars as this is
defined under the fixed cost component of the
contract.
13 Cost Component Table
Correction of clerical error in cost component
table. The cost components were copy/pasted
in the incorrect order.
Proposed Amendment to Disposal Cost Adjustment
The previous contract did not have a commercial Disposal Cost Adjustment, there was only a residential Disposal Cost Adjustment. The current Disposal
Cost Adjustment calculation on page 36 of the contract combines total residential and commercial disposal tons divided by residential and commercial
customer count to get tons per customer. This assumes that every customer both commercial and residential generates an equal amount of trash, which is
not accurate. It does not take into account variations in service level. A residential customer with a 95 gallon cart serviced weekly is weighted equally to a
commercial customer with a 6 yard dumpster serviced 5 times per week. This calculation would dis-advantage residents as they would be forced to
subsidize increases in commercial tonnage.
When calculating the 7/1/2020 rates Alaska Waste separated residential and commercial into two separate Disposal Cost Adjustment calculations.
Residential based on the change in residential tons per residential customer. Commercial based on the change in commercial tons per commercial yard
serviced. Commercial yards serviced takes into account variations in service level, meaning number of yards serviced over the course of the year. This more
accurately represents changes in the disposal expense per container serviced.
2
AGENDA ITEM #8.a.
Amendment No. 1 Amending Contract No. FY2019-25 Residential and Commerci...
Page 84 of 123
AGENDA ITEM #8.b.
Resolution No. FY2021-23 Setting New Stipend Amounts For Fire Protection...
Page 85 of 123
FIRE CHIEF Set by the Fire Board and Manager – approved by the Assembly
CHIEF’S AIDE: Pay Rate of $27.00 stipend
DEPUTY FIRE CHIEF: Pay Rate of $33.00 stipend
ASSISTANT FIRE CHIEF: Pay Rate of $31.00 stipend
SAFETY OFFICER(S): Pay Rate of $31.00 stipend
TRAINING OFFICER: Pay Rate of $31.00 stipend
CAPTAINS: Pay Rate of $29.00 stipend
LIEUTENANTS: Pay Rate of $27.00 stipend
WATER SUPPLY OFFICER: Pay Rate of $29.00 stipend
CHIEF ENGINEER: Pay Rate of $26.00 stipend
FIRST ENGINEERS: Pay Rate of $25.00 stipend
CHAPLAIN: Pay Rate of $24.00 stipend
PHOTOGRAPHER: Pay Rate of $23.00 stipend
Entry Level Recruit and KARES Pay Rate of $23.00 stipend
Entry Level Recruit and with EMT Certification Pay Rate of $23.50 stipend
Fire fighter with Fire Fighter I Cert Pay Rate of $25.00 stipend
Fire fighter with Fire Fighter II Cert Pay Rate of $25.50 stipend
ETT Cert Plus $00.50 added to stipend
EMT Cert Plus $1.00 added to stipend
JANITOR Pay Rate of $23.00 stipend
AGENDA ITEM #8.b.
Resolution No. FY2021-23 Setting New Stipend Amounts For Fire Protection...
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Explanation of STIPENDS.
1. To receive a monthly bonus stipend a member must attend all drills – 4 or 5
Mondays per month.
Example: Deputy Chief has a stipend of $33.00 per drill / call:
1. Attends all 4/5 drills per month will receive an extra bonus
stipend of $33.00 for making all drills for that month. This
applies to all firefighter stipend rates who make all the drills
during that month at their pay stipend.
Calls will be one stipend per rate or for a Deputy Chief a $33.00 stipend - EMS,
Fire or “Cat in the Tree” calls.
Work sessions will be based on the firefighters stipend for up to four 4 hours
worked.
AGENDA ITEM #8.b.
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BAYSIDE
DEPARTMENT
PROCEDURAL
ORDER
DATE
ISSUED
7/20/20
EFFECTIVE
DATE
7/20/20
PROCEDURAL
ORDER NO.
SUBJECT: Duties of Operational Line Officers
AMENDS: 3/2/18
REFERENCE: NONE RESCINDS: NONE
I. PURPOSE
Purpose: The purpose of this guideline is to establish job descriptions for all
Operational Fire Line Officers of the Bayside Fire Department. This gives a means
for the Fire Chief to assign specific duties to specific officers and be able to hold
them accountable for them.
II. POLICY
Duties of Fire Line Officers as follows.
III. SUSPENSIONS
Suspensions may be imposed for safety violations, insubordination, and violation
of the Borough Social Media Policy, harassment, bulling or any other behavior
deemed unacceptable by the Bayside Fire Department or the Kodiak Island
Borough.
PURPOSE The purpose of this guideline is to establish basic job descriptions for
all Operational Fire Line Officers and Operations Personnel of the Bayside Fire
Department. This gives a means for the Fire Chief to assign specific duties to specific
officers and personnel and be able to hold them accountable and what the Fire
Chief responsibilities are as well.
AGENDA ITEM #8.b.
Resolution No. FY2021-23 Setting New Stipend Amounts For Fire Protection...
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FIRE CHIEF: Salary set by Fire Board, Manager and Approved by Assembly
Purpose of the Job:
Reporting to the Kodiak Island Borough, the fire chief will administer, plan, direct
and control all aspects of the fire department including administration, fire
suppression, fire prevention and rescue activities of the department as authorized
by the State of Alaska and Kodiak Island Borough Code. The fire chief will also
administer applicable local, state and federal fire regulations. Administrative
duties comprise planning, directing, and controlling all fire department activities
including recruitment of personnel, purchase of equipment, control of
expenditures, preparation of budget estimates and the assignment of personnel
and equipment. The fire chief consults with the Fire Protection District #1 Fire
Board Chairperson and the Fire Board on issues of policy and planning, but works
independently in supervising technical operations.
Duties and Responsibilities:
• Plan direct and supervise through subordinate officers the activities of the
fire department as specified in the Fire Department Establishment and
Control Bylaw.
• Establish and implement Operational Guidelines based on best practices and
OH&S regulations.
• Have training programs developed and implemented in accordance with
accepted standards to improve the understanding and skill of all staff in
firefighting and rescue procedures. (Add additional topics to meet the
service provided by the jurisdiction; e.g. medical first responder)
• Ensure adequate records are kept of all required maintenance and training.
• Prepare and submit an annual budget and long-range plan and make
expenditures within approved limits.
• Develop and revise a long-range capital plan to keep pace with development.
• Liaise with and advise planning, engineering and other departments on
development implications for firefighting as part of the development
approval process.
• Ensure that all local government policies and processes are followed.
• Maintain an effective working relationship with all local government
departments and carry out such additional duties as requested by the
Finance Director or any other department head of Kodiak Island Borough.
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FIRE CHIEF cont.
• Ensure that inquiries and complaints regarding fire department activities or
responsibilities are handled promptly, efficiently, effectively and with
courtesy.
• Liaise with representatives of neighboring fire departments to ensure
adequate mutual aid agreements are made for mitigating major emergency
incidents.
• Participate in the local and regional emergency planning process.
• Take an annual required physical at the expense of the Bayside Fire
Department;
• Participate in Fire Chiefs' Association at the state or regional level.
Organizational Relationship:
• The fire chief reports to the Kodiak Island Borough Manager.
Recommended Qualifications:
Education/Training:
• Secondary School graduation
• Completed or participating in a training program based on IFSTA Essentials
of Fire Firefighting
• Completed a recognized Officer Training Program.
• AS in Fire Science at a minimum;
• Preferred BA/BS from an accredited college;
• MBA / EFO certification/ CFO Certification, is highly preferred.
Recommended Experience:
• A minimum of ten (10) years with a registered fire department.
• Progressive responsibility level within the fire service.
• Previous experience as a fire department officer.
• Previous management experience is an asset.
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FIRE CHIEF cont.
Occupational Certification:
• Valid driver's CDL license for the State of Alaska, (appropriate class with
endorsements) preferred. License will be obtained after 6 months after time
of hiring.
Knowledge:
• Knowledge of Fire Department Operational Guidelines, policies, procedures
and applicable local bylaws, provincial codes, regulations, acts and
standards.
• Knowledge of the NFPA 1001, 1002, 1500, and 1901 Firefighter Training
Standards and OH&S regulations.
• Knowledge and training in Incident Command System (ICS) minimum ICS
200.
• Knowledge of the community and fire protection area.
AGENDA ITEM #8.b.
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CHIEF’S AIDE: Stipend of $27.00
• Responsible for scheduling and tracking of meetings and appointments
(admin support);
• Responsible for typing all letters and correspondence generated from the
Fire Chief’s Office;
• Take an annual required physical at the expense of the Bayside Fire
Department;
• Responsible for filing all necessary paperwork such as maintenance on
apparatus and equipment and entering the same in the Fire Department
computer system where applicable;
• Assist when necessary on the incident scene or training exercise;
• Assist with what is essential at the Command Post such as record
keeping, recording tactical processes or documentation;
• Will also aid the Chief in time keeping;
• This position does not create an employment contract, implied or
otherwise and is at will of the Fire Chief.
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DEPUTY FIRE CHIEF: Stipend of $33.00
• Assume the responsibility for the operational readiness of fire operations;
• Ensures all equipment is ready for service, including calibration of all
meters and annual service testing of all equipment applicable
(ladders/hose/power tools);
• Coordinate monthly drill schedule with Training Officer;
• Oversees maps and preplans;
• Take an annual required physical at the expense of the Bayside Fire
Department
• Oversee Training Program/Pre-Basic Program;
• Certifies thru Training Officer when Pre-Basic trainees are qualified to ride
apparatus on emergency incidents.
• WILL HAVE FINAL APPROVAL ON TRAINEE READINESS WITH INPUT
FROM TRAINING OFFICER AND REPORT IT TO FIRE CHIEF;
• Assumes role of Fire Chief during his/her absence;
• May suspend a member(s) for up to three days for disciplinary action;
• May authorize pay for details that may be assigned;
• This position does not create an employment contract, implied or
otherwise and is at will of the Fire Chief.
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ASSISTANT FIRE CHIEF: Stipend of $31.00
• Periodic checks to ensure that all Fire Line Officers are performing
assigned duties;
• Report to the Fire Chief any deficiencies or equipment out of service;
• Ensure all logs and records are kept and are up to date;
• Assign other duties and responsibilities to the Fire Line Officers when
necessary;
• Responsible for the Department SCBA program, including fit testing;
• Assumes the role of the Fire Chief during his/her absence;
• May suspend a member(s) for up to three days for disciplinary action;
• May authorize pay for details that may be assigned;
• Take an annual required physical at the expense of the Bayside Fire
Department;
• This position does not create an employment contract, implied or
otherwise and is at will of the Fire Chief.
AGENDA ITEM #8.b.
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SAFETY OFFICER(S): Stipend of $31.00
• The Safety Officer shall provide information and assistance to the officers
and department personnel to enable them to identify and report safety
and health hazards;
• The Safety Officer shall maintain a liaison with Fire Line Officers regarding
approved changes of/to equipment, procedures, and methods in order to
eliminate unsafe practices;
• The Safety Officer shall routinely observe station operations, department
training sessions and the scene of emergency incidents, to ensure that
safety procedures and regulations are being followed. When necessary,
the Safety Officer shall recommend corrective actions, after the incident,
to the Fire Chief or his/her designated representative;
• Where activities are judged by a Safety Officer to be unsafe and involve
an imminent hazard, the Safety Officer shall have the authority to alter,
suspend, or terminate those activities. The Safety Officer shall
immediately inform the Incident Commander of any actions taken to
correct imminent hazards at an incident. Where non-imminent hazards
are identified, a Safety Officer shall develop actions to correct the
situation within the administrative or operational chain of command;
• May send a member(s) out of the station for twenty-four hours for
disciplinary action and must notify a Chief Officer during this time for
further review.
RECORDS
The Safety Officer shall ensure that records on the following are maintained:
• Periodic inspection and tracking of personal safety equipment;
• Periodic inspection of department facilities;
• All accidents, occupational injuries, deaths and exposures are
reported to the Chief or his designate or to the Borough
Manager if no senior office is present;
• Investigate all accidents involving Department equipment and
personnel;
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SAFETY OFFICER(S) Cont.
• Identify and analyze safety and health hazards and shall develop
corrective action for these hazards;
• Take an annual required physical at the expense of the Bayside
Fire Department;
• All safety and health procedures and accident prevention
methods are in place;
• May authorize pay for details that may be assigned;
• This position does not create an employment contract, implied
or otherwise and is at will of the Fire Chief;
AGENDA ITEM #8.b.
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TRAINING OFFICER: Stipend of $31.00
Under direction of the Fire Chief, to plan, develop, coordinate, and
implement the services and activities of the Fire Department's training
programs; to coordinate assigned activities with other divisions and outside
agencies; and to provide highly responsible and complex staff assistance to
the Assistant Fire Chief and Fire Chief.
Should the applicant hold another position in the Bayside Fire Department
command structure he or she will be compensated at that rate when they
are performing those responsibilities. When working on training projects he
or she shall be compensated at the higher rate of pay. There will be no
pyramiding of pay.
Scope of Responsibility:
Incumbent has a high degree of understanding of department and functional
operations and is able to work with considerable initiative. With senior
management guidance, incumbent performs work requiring administration
of department policy and procedure and establishes precedents within
delegated areas of responsibility. Work product has noticeable impact on
departmental operations. Incumbent must have the ability to exercise
discretion regarding confidential matters, which requires considerable tact,
sense of timing and the ability to engender trust. Incumbent supervision and
training to lower-level support staff.
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TRAINING OFFICER (cont.)
Essential Duties and Responsibilities:
• Training Development & Implementation
• Plan, develop, schedule, coordinate, and implement the full range of
training programs for the Fire Department; prepare lesson plans and
training manuals; plan and schedule training exercises; teach classes
in classrooms and at training grounds testing the knowledge and
performance of fire personnel.
• Oversee and coordinate the attendance of Departmental staff at
training programs and seminars.
• Establish and supervise the maintenance of the training records
system as required to renew and obtain certifications and to maintain
a current promotional priority list.
• Participate in the development and implementation of goals,
objectives, policies, and priorities for training activities; identify
resource needs; recommend and implement policies and procedures.
• Participate in monitoring and evaluating employee performance;
identify training needs; review training evaluation results with
employee and work to correct deficiencies.
• Participate in the development and conduct of entry level and
promotional examinations unless applying for a higher position.
• Research and develop new training programs. Maintain the training
library; manage the department's video equipment.
Financial:
• Participate in the preparation and administration of the training
budget; submit budget recommendations; monitor expenditures.
AGENDA ITEM #8.b.
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TRAINING OFFICER: Stipend of $31.00
Fire Safety/Suppression/Emergency Response:
• Respond to incidents for critique purposes or for command assistance;
perform the duties of Safety Officer at fire scenes;
• Attend and participate in professional group meetings; stay abreast of
new trends and innovations in the field of fire science;
• Serve on equipment committee to research and procure department
equipment;
• Performs other duties as assigned.
Minimum Qualifications:
• Qualifications include two years of specialized training beyond high
school and a total of five or more years of combined education and
experience in the areas of Personnel management, fire suppression
and prevention and incident command;
• Experience with city government and knowledge of department and
function operations is required;
• A bachelor’s degree, or equivalent, is preferred. The job requires
strong interpersonal skill.
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TRAINING OFFICER (cont.)
Physical Demands & Working Conditions:
• Work is a combination of indoors in a normal office environment and
outside in the elements. Intermittent physical effort involving lifting of
60 pounds or more is required;
• Work requires high attention to detail or deadlines between 45% and
70% of the time;
• A typical workday involves exposure to multiple disagreeable
elements, at three or more are intense present less than 15% of the
time;
• Occasional driving on department business is necessary. Some
requirements in this job description may exclude individuals who pose
a direct threat or significant risk to the health and safety of themselves
or other employees;
• All requirements are subject to modification to reasonably
accommodate individuals with disabilities;
• Requirements are representative of minimum levels of knowledge,
skills, and experience required;
• To perform this job successfully, the worker must possess the abilities
and aptitudes to perform each duty proficiently;
• The Bayside Fire Department or the Kodiak Island Borough retains the
discretion to add duties or change the duties of this position at any
time;
• This position does not create an employment contract, implied or
otherwise and is at will of the Fire Chief.
AGENDA ITEM #8.b.
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CAPTAINS: Stipend of $29.00
• Assignment of each of these duties will be done by the Fire Chief
NOTE: Each Captain will be given a specific set of duties as described
here or at the discretion of the Chief.
• Take an annual required physical at the expense of the Bayside Fire
Department;
• Responsible for Department Training Program including enrollment of
members into training classes;
• Responsible for Pre-Basic program, coordinates lessons and instructors
for Department training with Deputy Chiefs;
• Responsible for the issuing and recording of all Personal Protective
Equipment;
• KARES members are responsible for issuing and record keeping of
department fire pagers/portables and associated equipment.
• Assist with Map and Preplan programs;
• Responsible for overseeing the small tools program and operational
readiness of all small equipment carried on the apparatus Responsible for
the Department SCBA program, including fit testing;
• May send a member(s) out of the station for twenty-four hours for
disciplinary action and must notify a Chief Officer during this time for
further review;
• This position does not create an employment contract, implied or
otherwise and is at will of the Fire Chief.
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LIEUTENANTS: Stipend of $27.00
• Assignment of each of these duties will be done by the Fire Chief
NOTE: Each Lieutenant will be given a specific set of duties as described
here or at the discretion of a Captain or the Chief.
• Take an annual required physical at the expense of the Bayside Fire
Department
• Responsible for Pre-Basic program, coordinates lessons and instructors
for
Department training with Deputy Chiefs;
• Responsible for the cleanliness and readiness of the stations, assigned
apparatus and small tools;
• Assist the Deputy Chiefs with their duties and report to him/her any
discrepancies with assigned apparatus;
• Responsible for developing maps and preplans thru the map committee;
• Assist with Pre-Basic Fire Training Program;
• Assist Water Supply Officer with the Water Supply Program;
• Assist with SCBA maintenance;
• Assist with Department monthly drills;
• May send a member(s) out of the station for twenty-four hours for
disciplinary action and must notify a Chief Officer during this time for
further review;
• This position does not create an employment contract, implied or
otherwise and is at will of the Fire Chief.
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WATER SUPPLY OFFICER: Stipend of $29.00
• Take an annual required physical at the expense of the Bayside Fire
Department
• Responsible for developing the Department’s water supply guidelines;
• Acts as the liaison to Insurance Services Office (ISO) and coordinates
activities associated with them;
• Assists the Training Officer when necessary in conducting training in
water supply operations;
• Maintains all records pertaining to the water supply program including
updating the Water Supply Book including an annual inspection to make
sure they are in good condition;
• Coordinates with Chief Engineer to ensure apparatus annual pump
certification is completed;
• Coordinates with Deputy Fire Chiefs to ensure annual hose test is
completed;
• Respond to working structure fires to advise the Incident Commander in
reference to water supply matters and/or manage water supply
operations
• Make an annual inspection of designated static water sources to evaluate
continued reliability and continued access;
• Evaluate new water sources and add useable sources to the Water Supply
Preplan Book;
• Establish and maintain a notice board in the fire stations to keep
personnel advised of hydrants out of service, back in service, new
hydrants and new water sources;
• Develop and/or modify and implement Water Supply SOG’s with approval
of the Fire Chief;
• Review all new water supply preplans to ensure their accuracy and
adequacy;
• Conduct hydrant flow tests as necessary and provide information of
available fire flows to the Map Committee for entry onto the appropriate
maps;
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WATER SUPPLY OFFICER (cont.)
• Develop the plan to reduce the Department’s ISO rating and coordinate
and supervise the inter-company training required and act as a liaison
with ISO through the County Commissioners for an ISO representative to
witness the required demonstration;
• Responsible for acting as a liaison person, along with the Fire Chief, to the
City of Kodiak Public Works Director or his representative with the City of
Kodiak;
• Recommend changes in apparatus or equipment as may be necessary to
improve water supply operations;
• Assists the maps and preplan committees in their duties as chairperson
of the water supply committee chair;
• This position does not create an employment contract, implied or
otherwise and is at will of the Fire Chief.
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CHIEF ENGINEER: Stipend of $26.00
• Responsible for the operational readiness of all emergency vehicles and
motorized equipment used by the Department;
• Schedule and/or accomplish all routine and corrective maintenance with
the Department Mechanic;
• Assure the annual Alaska DOT Inspection is performed on all vehicles to
comply with all applicable laws;
• Assure the annual Pump test is performed on all pumpers and test
records are stored in the Fire Chief’s files;
• Maintain records of all maintenance and repairs;
• Appoint and assign duties to all drivers;
• Report to the appropriate Deputy Chief all deficiencies and equipment
out of service;
• Generate a weekly check out form;
• Take an annual required physical at the expense of the Bayside Fire
Department;
• Oversees the in-house Drivers Training Program;
• This position does not create an employment contract, implied or
otherwise and is at will of the Fire Chief.
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FIRST ENGINEERS: Stipend of $25.00
• Assume the responsibilities of the Chief Engineer in his/her absence;
• Take an annual required physical at the expense of the Bayside Fire
Department
• Primary responsibilities involve the up-keep and maintenance of the fire
apparatus and associated equipment;
• Responsible for the in-house Drivers Training Program;
• Perform other duties as assigned by the Chief Engineer.
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CHAPLAIN: Stipend of $24.00
The below listed duties constitute only a brief summary of what may actually be
required.
Emergency Situations. The Chaplain will respond when contacted by dispatch or
fire department personnel, or at his own discretion, and will report at the scene to
the officer in charge. When at a scene, the Chaplain will be under the command
authority of the incident commander. The Chaplain will usually respond as follows:
a. To the scene when:
1. A working fire of second alarm or greater is in progress;
2. A critical incident is in progress;
3. A critical injury or death to a firefighter is reported;
4. The incident involves a victim that is a member of a department member’s
Family;
5. Whenever the incident commander determines that the services of the
Chaplain may be of value in the ongoing emergency operation. This may
include situations where:
(a) The victim or family is highly emotional or unstable;
(b) Care is needed for the family of the victim while treatment is
Underway;
(c) The victim or the family requests the services of a chaplain or
clergy;
(d) The incident commander feels the presence of the Chaplain
would
be of benefit to the victim or to department personnel.
b. To the hospital when:
1. The incident commander or paramedic providing treatment determines
that the victim or family may need support or counsel.
2. The victim’s family needs to be located and notified.
3. A member of the fire department is the victim.
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CHAPLAIN (cont.)
c. In addition, the chaplain may also:
1. Counsel emergency service workers;
2. Counsel family members of Emergency Service workers;
3. Make death notifications and casualty calls;
4. Serve as part of a Critical Incident Management Team;
5. Serve as liaison with other clergy in the community;
6. Provide for the spiritual needs of department members and their families.
7. Offers prayers at special occasions such as recruit graduations and award
Ceremonies;
8. Provide an ear to listen and a shoulder to lean on.
9. Coordinate and provide family services in the event of the serious injury
or
death of an emergency service worker.
Follow-Up Actions
a. On-the-Scene Duties:
1. Provide appropriate victim assistance to free operational personnel for
firefighting duties.
(a) Comfort and counsel;
(b) Referral to appropriate community agencies for assistance;
(c) Help contact persons, insurance agents, family members, etc. In all
cases, the Chaplain will find out a victim’s church or religious
preference and attempt to notify the pastor or church.
2. Provide appropriate assistance to firefighters engaged in firefighting activities.
(a) Watch for signs of physical or emotional stress.
(b) Assist in providing firefighter needs (water, rest, etc.)
(c) Advise command whenever it is felt that a firefighter or EMS
provider
is in need of being relieved from emergency operations.
b. Post-Emergency Duties:
1. Conduct follow-up to insure victims are receiving necessary assistance.
2. Insure firefighter’s needs are met in the areas of on-the-job injuries, critical
AGENDA ITEM #8.b.
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incident stress, etc.
CHAPLAIN (cont.)
Routine Duties
a. Duties within the fire department.
1. Visit all stations and shifts.
2. Visit hospitalized department members and members of their families.
3. Participate in recruit training as suggested by the training officer.
4. Be available for helping or counseling members of the department in times
of stress or difficulty.
5. Assist when requested by any division of the department in their
programs.
6. Attend fire department functions.
7. Conduct or participate in religious services such as weddings, funerals or
memorial services, as requested and within the Canonical restrictions of the
respective Chaplain’s office.
8. Be a member of the Critical Incident Stress Management Team.
9. Be on-call on a twenty-four hour a day basis.
b. Duties outside the department.
1. Represent and interpret fire department goals and concerns to the
churches
and religious institutions of the community.
2. Assist when requested with public events or public information needs.
3. As time permits, and as requested, conduct extended ministry to victims
and their families.
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CHAPLAIN (cont.)
GENERAL GUIDELINES FOR THE CHAPLAINCY
The Chaplain does not replace a member’s regular religious leader. Rather, the
Chaplain seeks to support the concern of every church for its members who may
be in professions with special risks or needs. Moreover, the Chaplain must support
the concerns of every member of the department, regardless of his or her
nationality, race, sex, or religion. However, it is also important to understand that
Chaplains are bound to act only within the Canonical restrictions of their respective
faith and office. If one Chaplain’s faith restricts him or her from conducting a
particular service, that Chaplain will make every effort to contact a resource to try
and accommodate the request of the member and their family.
Any communication a person makes to the Chaplain may be kept on a confidential
basis, if requested, and will not be released to department members or any other
person, subject to the requirements and limitations of local, state and federal
statute and Canonical requirements of the Chaplain’s office. Any fire personnel may
go to the Chaplain without having to notify his or her supervisor or anyone else.
Any fire department officer or member (including administrative staff) who
becomes aware of any situation that may need the response of the Chaplain may
contact the Chaplain directly. Fire department administration and the Uniformed
Fire Officer (UFO) on duty at PTSOC keep current telephone numbers for all Fire
Chaplains. Examples of situations where the Chaplain may be contacted include,
but are not limited to:
a. Death, injury or hospitalization of a fire department member;
b. Death, injury or hospitalization of a fire department member’s
spouse
or child;
c. Death in a fire department member’s close family (i.e.: any family
member covered under the department’s death leave provisions).
This position does not create an employment contract, implied or otherwise and is
at will of the Fire Chief.
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PHOTOGRAPHER: Stipend of $23.00.
Job Description
Position details so that events and incidents can be photographed or videotaped
for training, analysis, historical value or submitted to media outlets. The
Photographer assists the department in a variety of photographic situations
including department emergencies and other events as well as other related duties
as assigned. Teamwork, attendance, attention, attitude, and aptitude are the basis
of the framework for the photographer position.
Duties and Responsibilities:
1. Follow the command structure of the Bayside Fire Department.
2. Will not participate in firefighting or rescue operations. Will obtain approval
from Incident Commander or Safety Officer before entering any incident
scene.
3. Will be issued a helmet, turnout coat, and vest that will identify BAYSIDE FIRE
DEPARTMENT Photographer. Personal Protection Equipment is always to be
worn unless approved by Incident Command. Vest is always to be worn.
4. Photographers are supplied with a camera, either still or digital, and a bag. •
Images captured at BAYSIDE FIRE DEPARTMENT events or incidents are the
property of BAYSIDE FIRE DEPARTMENT. This includes flash cards, thumb
drives, and external hard drives.
5. All Images and video’s will be downloaded and stored on a BAYSIDE FIRE
DEPARTMENT computer only. There will be no storage of any images or
videos on any portable devices or non-BAYSIDE FIRE DEPARTMENT
computers. Nothing will be deleted without the approval of the Fire Chief.
6. Photographers will notify Incident Command of their arrival on scene and
prior to departure.
7. All questions from anyone related to the incident will be referred to the
Incident Commander.
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PHOTOGRAPHER (cont.)
8. Prior to distribution of photographs or videos to anyone, approval must be
obtained from the Fire Chief. All media approved for distribution will be
identified with “photo/video courtesy of Bayside Fire Department”
9. BAYSIDE FIRE DEPARTMENT photographs are for internal use only or as
otherwise directed by the Fire Chief and are not to be posted on any social
media web site without approval.
10. BAYSIDE FIRE DEPARTMENT Photographers are not to respond to non-
BAYSIDE FIRE DEPARTMENT incidents unless approval is granted.
11. Performs other related tasks as assigned by the Fire Chief.
KNOWLEDGE, SKILLS, AND ABILITIES:
Knowledge of
1. Knowledge and skills with photography equipment.
2. Knowledge and skills with computers.
Ability to
1. Work under stress of emergency situations.
2. Take direction and follow established policies and guidelines
3. Able to follow oral and written direction, exercise good judgment, work
safely independently and with others, respond quickly to oral commands
during emergency situations.
4. Apply information in a logical manner, maintain composure, confront
stressful situations, and withstand the effects of repeated exposure to
traumatic situations.
5. Must have good judgment, communicate effectively, values and respect
others, demonstrate ethical behavior and supportive to change. Job
Descriptions Page 3 of 26
6. Respond to emergency and non-emergency situations.
7. Communicate clearly and concisely, both orally and in writing. Minimum
Requirements:
8. Be a U.S. citizen
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PHOTOGRAPHER (cont.)
9. When on call the individual must be in the Bayside Fire Department response
area.
10. Current and valid state driver’s license.
Education and Experience:
1. Required: High School Student, Graduate or GED.
2. Complete department safety classes as directed by Safety Officer / Fire Chief.
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FIREFIGHTER JOB DESCRIPTION AND PAY GRADES
Entry Level Recruit and KARES Stipend of $23.00.
Entry Level Recruit and with EMT Certification Stipend of $23.50.
Fire fighter with Fire Fighter I Cert Stipend of $25.00.
Fire fighter with Fire Fighter II Cert Stipend of $25.50.
ETT Cert Plus $00.50 added to
Classification
EMT Cert Plus $1.00 added to
Classification
The primary function of a Bayside Firefighter is to protect the community from
disaster situations, including house and building fires, and promote an
environment of public safety within the Bayside Fire Department's response area.
This position also participates in fire prevention and inspection activities,
equipment and quarters maintenance, and training dealing with all phases of fire
suppression, prevention, inspection, rescue and emergency operation. An
employee in this classification performs the duties of other employees in the
Bayside Fire Department when so assigned.
Essential Functions
Essential functions are not intended to be an exhaustive list of all responsibilities,
duties and skills. They are intended to be accurate summaries of what the job
classification involves and what is required to perform it. Employees are
responsible for all other duties as assigned.
• Responds to fire alarms and extinguishes fires;
• Responds to calls for emergency medical services, and renders first aid;
• Performs salvage operations such as throwing salvage covers, sweeping
water and removing debris;
• Responds to and renders assistance in emergency cases;
• Cleans and inspects equipment and apparatus after returning from a fire;
• Inspects equipment and apparatus and notifies superior officer of any
defects;
• Makes minor repairs to equipment and apparatus, performs routine
preventative maintenance tasks, and keeps records of such action;
• Keeps fire station, equipment and grounds in a clean and orderly condition;
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FIREFIGHTER JOB DESCRIPTION (cont.)
Essential Functions Cont.
• Participates in training activities and instruction sessions;
• Acquires and retains a thorough knowledge of the Borough, including
streets, buildings, water supply, unusual hazards and related items;
• Performs various public information or education tasks;
• Enters inspection, training and (on occasion) fire and emergency medical
service calls into the records management systems;
• Performs all work duties and activities in accordance with Borough policies
and procedures;
• Works in a safe manner and reports unsafe activity and conditions. Follows
Borough-wide safety policy, practices, and adheres to responsibilities
concerning safety prevention, reporting and monitoring as outlined in the
Borough Safety Handbook and the Bayside SOP Guidelines.
Other Duties and Responsibilities:
• May respond to emergency calls for specialized service such as hazardous
materials, confined spaces rescue, extrication and technical rescues that
include high angle, below grade, swift water, trench and collapse rescues –
when properly trained and certified;
• May respond to non-emergency calls for infant car seat installations, fire
prevention demos, and other duties assigned.
• Deals with social service related areas of emergency response by assisting
victims and relatives of victims of traumatic events.
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FIREFIGHTER JOB DESCRIPTION (cont.)
Knowledge, Skills and Abilities
Knowledge of:
• The geography of the Kodiak Island Borough and surrounding areas, (or the
ability to quickly learn this information), including the streets system,
hydrant locations, the layout and location of public utilities and potentially
hazardous materials or substances;
• Specialized fire fighting vehicles and equipment;
• Current strategies for all types of fire such as wild-land, commercial,
residential, airport, flammable and combustible liquids, vehicle, etc.;
• Emergency Medical Technician (EMT) techniques and related medical
equipment;
• Basic mathematical and science skills;
• Uniform fire code for inspection purposes;
• Emergency response records systems, communications equipment and use,
fire computer applications and incident reporting procedures;
• Computers and related software.
Ability to:
• Make determinations as to the best course of action for fighting fires or
responding to other related emergency situations;
• Work under extremely stressful situations, day and night, which result from
a fire and other emergencies, including the responsibility for remaining
calm and carrying out all duties with the recognition of the threat to life
and property;
• Successfully meet the Bayside Fire Department's requirements and pass
entry exams;
• Work within a command structure requiring strict adherence to the
following of orders;
• Work in a team environment under extremely stressful situations;
• Quickly learn and put to use new skills and knowledge brought about by
rapidly changing information and/or technology;
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FIREFIGHTER JOB DESCRIPTION (cont.)
Learn and correctly apply routine division and department policies and
procedures;
• Read, comprehend, and follow simple oral and written instructions; and to
understand and apply available guidelines to varied operational
requirements;
• Perform a wide variety of duties and responsibilities with accuracy and
speed under the pressure of time-sensitive deadlines;
• Demonstrate integrity, ingenuity and inventiveness in the performance of
assigned tasks;
• Operate a personal computer using program applications appropriate to
assigned duties;
• Communicate effectively both orally and in writing, with the public and
other employees.
Supervision Received:
• The work is performed under the direct supervision of a Fire Captain,
Lieutenant or Senior Firefighter.
Supervision Exercised:
• None
Minimum Qualifications
High school diploma or GED equivalency; and
• Must be at least 18 years of age at the time of application;
• Any equivalent combination of experience and training which provides the
knowledge and abilities necessary to perform the work.
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FIREFIGHTER JOB DESCRIPTION (cont.)
Essential Physical Abilities
The primary duties of this class are performed in a work environment in which the
employee is subject to potential personal danger. Therefore, the following
physical abilities are deemed essential:
• Take an annual required physical at the expense of the Bayside Fire
Department
• Sufficient clarity of speech and hearing and other communication
capabilities, with or without reasonable accommodation, which permits the
employee to communicate effectively, including during emergency
situations which may involve a high degree of noise;
• Sufficient vision and other powers of observation, with or without
reasonable accommodation, which permits the employee to effectively
operate at a fire or related emergency scene;
• Sufficient manual dexterity with or without reasonable accommodation,
which permits the employee to operate equipment used in firefighting;
• Sufficient personal mobility and physical reflexes, with or without
reasonable accommodation, which permits the employee to perform all
duties involved in protecting life and property.
This position does not create an employment contract, implied or otherwise and is
at will of the Fire Chief.
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DUTY OFFICER: At the Stipend rate for the rank for a 12 hour shift.
Qualifications
This position is to define the role and responsibilities of the Duty Officer position.
This position is a supervisory position and will be held by only officers or senior
firefighters authorized by senior staff.
ASSIGNMENTS:
A. The Duty Officer position will assume shifts of no less than 12 hours for
weekday nights beginning at 1800 hours through 0600 hours and on
weekends from 0600-0600. Weekends can be broken in to 2-12 hour shifts
each day 0600 -1800 and 1800 – 0600.
B. The Duty Officer assignment process will be conducted by a scheduling
officer designated by the Chief or by the Chief. The scheduling officer will
then compile the Duty Officer calendar on a rotation basis between eligible
officers making sure all shifts are covered and publish the calendar by no
later than the first of the new year or by the 4th Friday of the month.
C. The Duty Officer shall remain within the City Limits of Kodiak and the Kodiak
Island Borough to respond to calls that the Bayside Fire Department
responds to in their covering districts.
RESPONSIBILITIES:
A. The primary responsibility is to assume the role of Incident Commander until
relieved by a senior officer.
B. Respond to fire calls, EMS and vehicle accidents in accordance with standard
operating procedures and may respond to any other incidents at his / her
discretion.
C. In the event the situation demands immediate attention and manpower the
Duty Officer is expected to become part of the initial response until he / she
can be relived to assume command.
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DUTY OFFICER (cont.)
RESPONSIBILITIES: Cont.
D. He / She shall carry their turnout gear in the command car (Squad 10). Upon
arrival, the Duty Officer shall assume Command and if remaining with the
vehicle, dress appropriately for the role of Incident Commander. Since the
Duty Officer is initially part of the 2 in and 2 out requirement, he /she shall,
at minimum, wear boots, and turn out pants. If, due to the nature of the
situation, he/she is required to provide initial incident intervention, thee
duty
Officer will don full turnout gear and any additional equipment (e.g. Scott
Pak) necessary.
E. If injuries and accidents reported to the Duty Officer it shall be his/her
responsibility to notify and fill out the appropriate paperwork as well as to
make any contacts necessary to Chief Officers per Borough Vehicle and
Personal injury Accident Procedure.
F. Mechanical issues reported to the Duty Officer should be evaluated as to if a
remedy can be found. If not, the Officer in charge of maintenance and the
department mechanic are to be notified. If they (Officer and Mechanic)
decide the vehicle must be taken out of service, the Duty Officer will notify
the Chief Officers and will have any reserve apparatus ready (if applicable) to
respond. The Duty Officer will notify any other mutual aid companies as well
as KPD Dispatch of the vehicle status and make any temporary changes as
needed.
G. In the event the Duty Officer is unavailable to cover his / her assigned shift
or portions thereof. It is his/her responsibility to find a replacement for
that shift or portion thereof.
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DUTY OFFICER (cont.)
VEHICLE RESPONSE:
A. Squad 10 is the command vehicle that should normally be used by the Duty
Officers due to the equipment, both on the interior and exterior. Command
11 can be used when the Chief is out of town or designates its use. The island
communications capabilities as well as command capabilities and the
exterior with light package and traffic preemption devices.
B. Squad 10 will be also utilized as a fire department utility vehicle (schools,
training, mutual aid, service calls and other uses not described).
COMPENSATION:
A. Officers and authorized personal who assume the role of the Duty Officer will
be compensated at the stipend rate in accordance with the stipend scale
established and authorized by Fire Protection Board #1 for that position.
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JANITOR: Stipend Rate of $23.00.
This position of Janitor will be a paid position for janitorial services provided for
the Bayside Fire Department located at 4606 Rezanof Drive, Kodiak, Alaska. The
stipend rate of $23.00 stipend will be paid for 2 hours worked will be paid
regardless of the rank that one holds and is open to all active members of the
department.
• This position will receive a stipend for 2 – two hours a week of cleaning
services;
• There will be a 7 – seven day separation between cleaning cycles;
• Any member can sign up for this opportunity;
• There will be a sign up sheet.
The services are as follows but not limited to:
• Cleaning the four bathrooms of the station;
o Toilet paper and paper towels are available.
o Dumping trash cans in bathrooms.
o Cleaning the toilets and sinks.
• Sweeping and mopping the day room area;
• Dumping in the trash cans in the Auditorium, Kitchen, upper bay,
lower bay;
• Taking trash to dumpsters.
The janitor as directed by the Chief, Deputy Chief, Assistant Chief or ISO to fulfill
additional tasks as assigned.
Currently items below that will not fall under the current pay scale unless
authorized by signature on the training sheet by the Chief, Deputy Chief, Assistant
Chief or ISO.
• Apparatus service checks;
• Driving training;
• Fueling of apparatus;
• Sleep ins at the station;
• Cleaning, sweeping or clean-up of the lower bays, upper bays, training room
or kitchen;
• Taking or removing trash from the building;
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JANITOR (cont.)
• Cleaning and replacing toilet paper, paper towels to make the station
presentable and clean for public use.
• There will be no pyramiding or double pays – if you are at a training, hose
testing or drilling and there is a call you get credit for the call but there will
be no pay for the call as you are already being paid for the authorized drill.
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Borough Assembly Work Session Attendance
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