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#17-51 - Authorizing the Submission of a Request for Adjudicatory Hearing Before the Commissioner of the Alaska Department of Environmental Conservation Regarding Valdez Marine Terminal Oil Discharge Prevention and Contingency Plan Protections for the Valdez Duck Flats and Solomon Gulch Hatchery
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SUBMITTED BY: Sheri Pierce, MMC, City Clerk
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Expenditure Required: N/A
Unencumbered Balance: N/A
Funding Source: N/A
RECOMMENDATION:
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Approve Resolution # 17-51, authorizing the submission of a request for adjudicatory hearing before the Commissioner of the Alaska Department of Environmental Conservation regarding Valdez Marine Terminal Oil Discharge Prevention and Contingency Plan protections for the Valdez Duck Flats and Solomon Gulch Hatchery
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SUMMARY STATEMENT:
On November 21, 2017, a joint request for adjudicatory hearing and joint request for alternative dispute resolution was executed by Prince William Sound Regional Citizens' Advisory Council, Prince William Sound Aquaculture Corporation, and the City of Valdez. Mayor Knight was contacted by RCAC to sign this document on behalf of the City prior to the filing deadline. Mayor Knight was under the impression that this was an administrative action by the city and within her authority or the city manager's authority to request the hearing.
After reviewing the request for adjudication filing, which is a quasi-judicial hearing procedure, and after consultation with the city attorney, the decision was made to submit a resolution to the city council at the December 5th council meeting, asking for approval by the governing body to enter into this filing for adjudicatory hearing and joint request for alternative dispute resolution with the State of Alaska, Commissioner of the Alaska Department of Environmental Conservation.
Without the approval of city council our participation in this process could be determined to be invalid. Should the Commissioner uphold the dec...
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