HomeMy WebLinkAboutResolution No. 2011-26are
KENAI. ALASKA
2011.
ATTEST:
Carol L. Freas, City Clerk
CITY OF KENAI
RESOLUTION NO. 2011 -26
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, SUPPORTING
HOUSE JOINT RESOLUTION NO. 17, URGING THE UNITED STATES CONGRESS TO
PASS LEGISLATION ENSURING STATE PRIMACY OVER THE REGULATION OF
DRINKING WATER AND WASTEWATER TREATMENT.
WHEREAS, the United States Environmental Protection Agency (EPA) approved the
Alaska Department of Environmental Conservation's program for primacy on
regulating wastewater discharge and drinking water in 1978; and,
WHEREAS, on January 18, 2011, President Barack Obama signed Executive Order
13563 to improve regulation and regulatory review in government; and,
WHEREAS, in 33 U.S.0 1251 -1387 (Federal Water Pollution Control Act) (Clean Water
Act), as amended, the United States Congress declared that it is the policy of the
United States Congress to recognize, preserve, and protect the primary responsibilities
and rights of states to prevent, reduce, and eliminate pollution and to plan the
development and use of land and water resources.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, the City of Kenai supports House Joint Resolution No. 17, urging the United
States Congress to pass legislation ensuring state primacy over regulation of drinking
water and wastewater treatment.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this sixth day of April,
MIKE BOY
Suggested by: Administration
"t4ffage with a Past, C with a Future
210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 I J
Telephone: 907 283 -7535 FAX: 907 283 -3014 1 1111 F
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KENAI, ALASKA
MEMO:
(IA_ TO: City Council
FROM: Rick Koch
DATE: April 6, 2011
SUBJECT: Resolution No. 2011 -26
The purpose of this correspondence is to recommend Council approval of Resolution No. 2011-
26, supporting House Joint Resolution No. 17, which would encourage the United States
Congress to pass legislation ensuring state primacy over the regulation of drinking water and
wastewater treatment.
In 1978 the Environmental protection Agency (EPA) approved the Alaska Department of
Environmental Conservation's (ADEC) program for primacy on regulating drinking water and
wastewater discharge.
Recently, the President signed Executive Order No. 13563, creating a situation in which the EPA
may also regulate drinking water and wastewater discharge in addition to ADEC. This creates an
untenable situation for public and private utilities when both regulatory bodies undertake
regulatory responsibilities.
Thank you for your attention in this matter.
Offered: 3/16/11
Referred: Resources
CS FOR HOUSE JOINT RESOLUTION NO. 17(CRA)
IN THE LEGISLATURE OF THE STATE OF ALASKA
TWENTY- SEVENTH LEGISLATURE FIRST SESSION
BY THE HOUSE COMMUNITY AND REGIONAL AFFAIRS COMMITTEE
Sponsor(s): HOUSE COMMUNITY AND REGIONAL AFFAIRS COMMITTEE
3 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF ALASKA:
27 LS0578 \1
A RESOLUTION
Urging the United States Congress to pass legislation concerning regulation of drinking
2 water and wastewater treatment by the United States Environmental Protection Agency.
4 WHEREAS the Alaska Department of Environmental Conservation has had the
5 primary enforcement responsibility for regulating public drinking water systems since 1978;
6 and
7 WHEREAS the United States Environmental Protection Agency approved the
8 Department of Environmental Conservation's program for primacy on regulating wastewater
9 discharge and drinking water; and
10 WHEREAS it is the policy of the state to conserve, improve, and protect its natural
11 resources and environment and to control water, land, and air pollution to enhance the health,
12 safety, and welfare of the people of the state and their overall economic and social well being;
13 and
14 WHEREAS, on January 18, 2011, President Barack Obama signed Executive Order
15 13563 to improve regulation and regulatory review in government, which directs federal
16 agencies to identify the best, most innovative, and least burdensome tools for achieving
HJR017b -1- CSHJR 17(CRA)
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27- LS0578 \1
1 regulatory ends while taking into account the benefits and costs; and
2 WHEREAS, in 33 U.S.C. 1251 1387 (Federal Water Pollution Control Act) (Clean
3 Water Act), as amended, the United States Congress declared that it is the policy of the
4 United States Congress to recognize, preserve, and protect the primary responsibilities and
5 rights of states to prevent, reduce, and eliminate pollution and to plan the development and
6 use of land and water resources; and
7 WHEREAS over regulating and using unnecessary standards by the United States
8 Environmental Protection Agency in the state will create an increased cost of living for the
9 residents of small communities in the state, where the cost of living is already burdensome;
10 and
Il WHEREAS the United States Environmental Protection Agency has adopted
12 regulations and established policies relating to the treatment of drinking water and wastewater
13 that will have a major effect on the economies of and jobs in small communities in the state
14 and will limit the ability of small communities to address other priorities; and
15 WHEREAS federal funding for state village sanitation projects declined by more than
16 $42,500,000 between 2004 and 2011; and
17 WHEREAS the President's proposed budget for the federal fiscal year 2012 reduces
18 nationwide funding for the Clean Water State Revolving Fund and the Drinking Water State
19 Revolving Fund by nearly $950,000,000; and
20 WHEREAS the Republican caucus in the United States House of Representatives has
21 proposed to cut an additional 8950,000,000 in funding for the Clean Water State Revolving
22 Fund and the Drinking Water State Revolving Fund;
23 BE IT RESOLVED that the Alaska State Legislature urges the United States
24 Congress to pass legislation that provides reasonable standards for the treatment of drinking
25 water and wastewater treatment for communities in different regions of the country and with
26 different population sizes; and be it
27 FURTHER RESOLVED that the Alaska State Legislature urges the United States
28 Congress to pass legislation imposing a moratorium that prohibits the United States
29 Environmental Protection Agency from adopting a new policy or adopting new regulations
30 concerning drinking water and wastewater treatment for a period of at least two years except
31 to directly address an imminent health or environmental emergency; and be it
CSHJR 17(CRA) -2- HJR0171)
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27- LS0578\1
1 FURTHER RESOLVED that the Alaska State Legislature urges the United States
2 Congress to pass legislation requiring the United States Environmental Protection Agency to
3 identify all regulatory activity concerning drinking water or wastewater treatment that the
4 United States Environmental Protection Agency plans to undertake during the next 10 years
5 and, using multiagency expertise and objective cost- benefit analyses, to describe the
6 cumulative effect that the planned United States Environmental Protection Agency regulation
7 will have on state and local governments.
8 COPIES of this resolution shall be sent to the Honorable Barack Obama, President of
9 the United States; the Honorable Joseph R. Biden, Jr., Vice President of the United States and
10 President of the U.S. Senate; the Honorable John Boehner, Speaker of the U.S. House of
11 Representatives; the Honorable Lisa P. Jackson, Administrator of the U.S. Environmental
12 Protection Agency; the Honorable Lisa Murkowski and the Honorable Mark Begich, U.S,
13 Senators, and the Honorable Don Young, U.S. Representative, members of the Alaska
14 delegation in Congress; and the presiding officers of the legislatures of each of the other 49
15 states.
1 -3- CSHJR 17(CRA)
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