1991-41 Supporting DEC Public Review Draft of Hazardous Substances.Introduced by:
Mike Milligan
Requested by:
Regional Citizens
Advisory Council
Drafted by:
Regional Citizens
Advisory Council
Introduced:
08/15/91
Amended:
08/15/91
Adopted:
08/15/91
KODIAK ISLAND BOROUGH
RESOLUTION NO. 91-41
A RESOLUTION SUPPORTING THE ALASKA DEPARTMENT OF ENVIRONMENTAL
CONSERVATION'S PUBLIC REVIEW DRAFT OF OIL AND HAZARDOUS
SUBSTANCES, POLLUTION AND CONTROL REGULATIONS (18 ACC 75)
AS MANDATED BY HB 567
WHEREAS, the State of Alaska has the responsibility to provide for the safe
transportation of oil for those residents who bear the burden of risk for the
transportation of oil along the Alaskan coastline and throughout the state,
and for the protection of Alaskan coastal resources and other natural
resources; and
WHEREAS, the citizens and the legislature of the State of Alaska worked diligently to
ensure that the state's citizens and natural resources are protected from the
occurrence and consequences of oil spills by enacting comprehensive
legislation known as HB 567 to regulate oil spill prevention, response,
contingency planning, financial responsibility, inspection authority, and other
subjects relating to the safe transportation of oil and other hazardous
substances, as a result of the lessons learned from the spill of the Exxon
Valdez; and
WHEREAS, the Alaska Department of Environmental Conservation (DEC) convened a
public working group, which included members from state agencies, industry
and the general public and which group has diligently reviewed and in good
faith recommended improvements to the proposed regulations; and
WHEREAS, DEC contracted with ECO Engineering, Inc., a reputable engineering firm
with a high level of expertise and experience with the issues involved in oil
spill occurrence, prevention and response, and ECO has provided DEC with
expert advice on these matters as they relate to the draft regulations.
Kodiak Island Borough, Alaska Resolution No. 91-41
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NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK
ISLAND BOROUGH THAT:
Section 1: The Kodiak Island Borough commends DEC for the effort invested in the
production of the public review draft.
Section 2: The Kodiak Island Borough requests the Alaska Department of
Environmental Conservation to:
1. ensure that the regulations continue to satisfy the legislative intent
of HB 567 to provide the citizens and natural resources of the state with a
level of protection from oil spills not available prior to March 24, 1989, by
requiring industry to improve its ability to prevent and respond to oil spills,
rather than mandating no more than the status quo;
2. amend the public review provisions of the proposed regulations to
ensure that the public, including interested citizens and organizations,
affected communities, affected coastal districts, and the Departments of
Natural Resources and Fish and Game, has adequate notice and
opportunity to participate in the review process for contingency plans --
specifically published notice in both local and statewide media (including
both print and electronic media); notification to the resource agencies,
coastal districts and citizen advisory councils upon the Department's receipt
of a contingency plan; opportunity for public hearings and submission of
written comments; due deference for agency and coastal district comments;
and the opportunity to petition DEC for an agency appeal;
3. retain the interpretation of realistic maximum oil discharge
("REMOD") recommended by ECO Engineering, Inc. for purposes of
establishing the response planning standards (RPS) as set forth in the
public review draft of the proposed regulations, and retain those RPS as set
forth;
4. retain the proposed procedures for "prevention credits", including,
specifically, a minimum response planning standard equal to 30% of RMOD
for tankers, and increasing the minimum RPS for other facilities from
proposed 15% to 30% of RMOD;
5, establish in the regulations, or in guidelines which are specifically
cited and incorporated into the regulations, exacting definitions and
standards for determining the adequacy of the prevention measures for
which "prevention credits" may be granted;
Kodiak Island Borough, Alaska Resolution No. 91-41
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6. clarify that the percentages for prevention credits enumerated in
Article 4 of the draft regulations are the maximum allowable credit for
particular prevention measures, and that DEC will grant reductions of less
than that maximum as appropriate, based on its evaluation of the
specifications proposed by the applicant; and
7. retain the prevention requirements in Article 1 of the proposed
regulations to ensure a minimum level of protection against the occurrence
of spills at all types of facilities involving the production, storage, or
transportation of oil.
Section 3: The Kodiak Island Borough requests DEC to hold one more public review
of the final draft of the regulations prior to sending the draft regulations to
the Department of Law.
PASSED AND APPROVED THIS 15th DAY OF AUGUST, 1991.
ATTEST:
Borough Clerk
KODIAK ISLAND BOROUGH
Bo Pugh Mayor
Kodiak Island Borough, Alaska Resolution No. 91-41
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