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HomeMy WebLinkAboutRes2010-010 Sponsored by: Mayor Dunham CITY OF SEWARD, ALASKA RESOLUTION 2010 -010 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, SUPPORTING THE ALASKA RAILROAD CORPORATION AND AURORA ENERGY SERVICES, LLC IN THEIR ONGOING EFFORTS TO CONDUCT BUSINESS IN SEWARD AND PROTECT THE ENVIRONMENT WHILE ABIDING BY STATE AND FEDERAL ENVIRONMENTAL LAWS AND REGULATIONS WHEREAS, the Seward Coal Loading Facility was originally built in 1984 as an economic development project of the State of Alaska with the support of Usibelli Coal Mine and the City of Seward, by a loan from the Alaska Industrial Development and Export Authority(AIDEA); and WHEREAS, this facility allows Alaskan coal to be exported by ship to international markets; and WHEREAS, at the urging from the Seward community and Senator Ted Stevens, the Alaska Railroad received a federal grant to purchase the Seward coal loading facility from then- owners Hyundai Merchant Marine and AIDEA in 2003, thus preserving the export coal business in Alaska; and WHEREAS, the City recognizes the vital importance of the coal loading facility and the Alaska Railroad for the viability and existence of Seward, and to the entire state of Alaska; and WHEREAS, the Alaska Railroad Corporation and Aurora Energy Services, LLC were recently sued by the Trustees for Alaska on behalf of the Alaska Community Action on Toxics and Alaska Chapter of the Sierra Club under the Federal Water Pollution Control Act on December 28, 2009; and WHEREAS, last year was a record year and saw the second greatest shipment of coal from Seward in the history of the facility; and WHEREAS, Alaska' s low sulfur coal is in increasing demand throughout the international market, in large part because Alaska' s coal can be mixed with other coal to reduce the environmental impacts; and WHEREAS, the Seward City Council and the community take public health concerns seriously and support all mitigation efforts in environmental stewardship; and WHEREAS, the City is not aware of any facts to support allegations of medical harm caused by the activities at the Seward coal- loading facility; and WHEREAS, the Alaska Railroad Corporation and Aurora Energy Services, LLC have spent approximately $1 million dollars on safety, operational and environmental improvements which are significant environmental upgrades, and have been proactive and conscientious in meeting EPA and ADEC regulations and permit requirements; and WHEREAS, we are advised that in the short time since Aurora Energy Services, LLC has taken over operation of the facility, it has implemented a Standard Operating Procedure for Dust Control, a Storm Water Pollution Prevention Plan, updated the Spill Prevention Containment and Countermeasures Plan, and is in compliance with the new Multisector General Permit; and WHEREAS, since taking over the Seward coal loading facility in February 2007, the Alaska Railroad Corporation and Aurora Energy Services, LLC have demonstrated a heightened commitment to environmental stewardship, have made extensive capital and operational improvements, improved environmental safeguards and have shown a conscientious willingness for public outreach, and WHEREAS, Alaska Railroad Corporation and Aurora Energy Services, LLC are also in the process of resolving two past notices of violations regarding air quality ; and WHEREAS, as representatives of the citizens of Seward, the City wishes to show its support to the Alaska Railroad Corporation and Aurora Energy Services, LLC in the defense of this lawsuit and the ongoing efforts toward safety and environmental stewardship. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The above recitals are incorporated herein by references as findings of the City. Section 2. The Seward City Council is encouraged by the efforts made by the Alaska Railroad Corporation and Aurora Energy LLC in their ongoing efforts to protect the environment and meet the requirements of state and federal environmental laws and regulations related to the Seward Coal Loading Facility. Section 3. This resolution shall take affect immediately upon its adoption. PASSED AND APPROVED by the City Council of the city of Seward, Alaska, this 25 day of January, 2010 . CITY OF SEWARD, ALASKA RESOLUTION 2010 -010 THE CITY OF SEWARD, ALASKA 2 AO i it and E. Dunham, Mayor AYES: Valdatta, Bardarson, Smith, Keil, Shafer, Amberg, Dunham NOES: None ABSENT: None ABSTAIN: None ATTEST: Ji: Lewis C C ty Clerk _ 0 , s4'Is sb, a4 (City Seal) .•` -� S E „ ° p o ly e, 110 4 P V ! 4 `1 nom. • . . .: • • "-�A , moo OF '•., � A � P •`• Agenda Statement Meeting Date: January 25, 2010 4O SF k► 9 To: Mayor Dunham, City Council Members From: Jean Lewis, City Clerk 1 sr.P Agenda Item: Supporting the Alaska Railroad Corporation and Aurora Energy LLC BACKGROUND & JUSTIFICATION: A lawsuit has been filed against the Alaska Railroad Corporation and Aurora Energy LLC by the Trustees for Alaska on behalf of the Alaska Community Action on Toxics and the Alaska Chapter of the Sierra Club, for alleged violations of the Clean Water Act. The Alaska Railroad Corporation and Aurora Energy LLC own and operate the Seward Coal Loading Facility, which is of vital economic importance to the City of Seward and the State of Alaska. The City of Seward wants to make it known that statements made by a few individuals in the media, to the effect that "coal dust has been blanketing the town for years and putting the citizens of Seward at medical risk" were absolutely false and that these individuals did not speak for all residents of Seward. The City Council wishes to support the Alaska Railroad Corporation and Aurora Energy LLC in defense of this lawsuit and publicly support their ongoing efforts toward safety and environmental stewardship, and authorize the City Manager and City Attorney to provide administrative and legal support where needed. The City Council also is satisfied with these company' s efforts in protecting the environment and meeting requirements of state and federal environmental laws and regulations related to the Seward Coal Loading Facility. INTENT: To support the Alaska Railroad Corporation and Aurora Energy LLC against this lawsuit and dispel false reporting. CONSISTENCY CHECKLIST: Where applicable, this agenda statement is consistent with the Seward City Code, Charter, Comprehensive Plans, Land Use Plans, Strategic Plan and City Council Rules of Procedures or Other Plans or Policies: Not applicable FISCAL NOTE: Without knowing the level of support to be provided, the magnitude of this financially to the City is unknown. The resolution as written does indicate "administrative and legal support." Keep in mind any legal support provided will cost the city money and could possibly be substantial depending on the level of support. Approved by Finance Department: JA,gt ATTORNEY REVIEW: Yes RECOMMENDATION: Approve Resolution 2010 -010, supporting the Alaska Railroad Corporation and Aurora Energy LLC in their ongoing efforts to conduct business in Seward and protect the environment while abiding by state and federal environmental laws and regulations.