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1995-21 Commenting on the Prince William Sound Oil Discharge Prevention and Contingency Plans for Trans-Alaska Pipeline (TAPS) Trade Tankers.A RESOLUTION COMMENTING ON THE PRINCE WILLIAM SOUND OIL DISCHARGE PREVENTION AND CONTINGENCY PLANS FOR THE TRANS ALASKA PIPELINE SYSTEM (TAPS) TANKER TRADE WHEREAS, the Alaska Department of Environmental Conservation (ADEC) is providing the public with an opportunity to review the proposed Prince William Sound (PSW) Oil Discharge Prevention and Contingency Plans (C- plans) for the TAPS tanker trade; and WHEREAS, the review process Management Program (ACMP), a provides an opportunity to plans with the standards of management plans; and KODIAK ISLAND BOROUGH RESOLUTION NO. 95 -21 Introduced by: Mayor Selby Requested by: Community Development Department Drafted by: Community Development Department Introduced: 05/04/95 Public Hearing: 05/04/95 Postponed: 05/04/95 Amended: 05/18/95 Adopted: 05/18/95 is being guided by the Alaska Coastal State - coordinated review process which comment on the consistency of the C- the ACMP and adopted district coastal WHEREAS, the Kodiak Island Borough has an adopted coastal management plan (KIBCMP) which contains the following enforceable policy: "the Kodiak Island Borough shall have input in the preparation of regional oil spill response plans in the waters surrounding the Kodiak Island Borough. "; and WHEREAS, the ADEC is promoting a cooperative review process, including hearings throughout the Exxon Valdez oil spill (EVOS) region, and distribution of a draft findings document as part of the public review process; and WHEREAS, while a tremendous amount of work has gone into the production and review of these C -plans by industry, the ADEC, the PWS RCAC and others, the Kodiak Island Borough hopes to improve both the quality of the C -plans and protection for the Kodiak region by offering comments on the plans. NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT the Prince William Sound Oil Discharge Prevention and Contingency Plans for the Trans Alaska Pipeline Service (TAPS) Tanker Trade should be revised to include, at a minimum, the following provisions: Kodiak Island Borough, Alaska Resolution No. 95 -21 Page 1 of 3 1. Sensitive Area Identification. Kitoi Bay Hatchery must be identified as a sensitive area meriting protection. A specific hatchery protection plan needs to be developed and implemented for the Kitoi Bay hatchery, including the pre - deployment of boom. In addition, at a minimum, ADEC should incorporate by reference the "Kodiak Island Borough Coastal Sensitivity Analysis ", dated February 1985, for purposes of plan approval (or as a condition of plan approval), as provided for in 18 AAC 75.445.(4) and 18 AAC 75.425.(J), until a public process is completed which specifically identifies, maps (computerized) and prioritizes environmentally sensitive areas and areas of public concern in the Kodiak region. 2. Out of Region Equipment. The Kodiak Island Borough agrees with the ADEC finding that "the necessary information has not been provided by the plan holder which describes the individual release provisions for each of the spill cooperatives, the availability of the individuals necessary to release the equipment, and the time required to obtain these releases and ready the equipment for transport." In addition, pursuant to 18 AAC 75.445(4), the plan holders should be required to provide a time schedule for the deployment and maintenance of personnel and equipment that will protect identified environmentally sensitive areas and areas of public concern in the Kodiak region. 3. Spill Response Within Region of Operation (Geographic Scope of Alyeska's Response Contract). At a minimum, Alyeska's PRAC registration should be modified to show that Alyeska will respond in the Kodiak region (as well as Southeast and Cook Inlet) as required by State law and as assured by industry representatives in the often repeated statement that "Alyeska will follow the leading edge of the spill." In addition, ADEC must ensure that the plans meet the response planning standard established by State law [AS46.04.030(k) (1) (A)] in all State waters at risk from a TAPS tanker trade spill. Specifically, the Kodiak Island Borough expects ADEC to ensure that plans for the vessels transiting between Prince William Sound and Cook Inlet will meet the response planning standard referenced above. 4. SID #14 - Permits and Permitting Procedures. The Core Plan should not be approved until local permits necessary for possible response activities in communities in and outside of Prince William Sound are listed in SID #14 (e.g. local land use permits, coastal management reviews for major facilities such as incinerators). 5. Best Available Technology (BAT). ADEC should ensure that the requirement for BAT is met for prevention and response equipment, supplies and resources, through continued public review of all BAT compliance items. Kodiak Island Borough, Alaska Resolution No. 95 -21 Page 2 of 3 6. Nearshore Response. In order to ensure adequate nearshore response, a revised plan for nearshore response needs to be formulated that recognizes the importance of nearshore response over a wide geographic area. The nearshore response plan should be subject to a public review and comment process. NOW, THEREFORE BE IT FURTHER RESOLVED BY THE ASSEMBLY OF THE RODIAK ISLAND BOROUGH THAT staff is directed to submit detailed C -plan comments based on the policy direction provided in this resolution to the Alaska Department of Environmental Conservation. ATTEST: ADOPTED BY THE ASSEMBLY OF THE KODIAK /BLAND BOROUGH THIS EIGHTEENTH DAY OF MAY, 1995 1 44 9 14i 447Zo . Donna F. Smith, CMC,CBq gh Clerk KODIAK ISLAND BOROUGH Jeri a M. Selby, Borou•h ayor c Mary G LA• Ironroe, Presiding Officer Kodiak Island Borough, Alaslca Resolution No. 95.21 Page 3 of 3