HomeMy WebLinkAbout18-11RESOLUTION NO. 1$ 1
A RESOLUTION of the City Council of the City of Port Angeles,
Washington requesting appointment to the Natural Resource Damages
Assessment (NRDA) Trustees Council for the Rayonier site.
WHEREAS, pursuant to the Natural Resource Damages Assessment (NRDA)
provision of the federal Superfund law; the National Oceanic and Atmospheric
Administration (NOAH), the State of Washington (State), and other Natural Resource
Damages Trustees have been engaged in discussions and negotiations concerning natural
resource injuries arising from Rayonier's activities on property located within the boundaries
of the City; and
WHEREAS, the Rayonier Property is located entirely within the corporate limits of
the City of Port Angeles; and
WHEREAS, as part of an effort to reach a fair and equitable settlement of
remaining issues, the Trustees must consider the City's land use plans and regulations to
assure that any natural resource restoration projects accommodate future land uses; and
WHEREAS, the City of Port Angeles desires to participate in the deliberations,
recommendations, considerations, and final determination of the NRDA process and in the
preparation of the management plan; and
WHEREAS, the City of Port Angeles has prepared a statement to the Governor
asking that the City be appointed as a NRDA trustee,
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Port
Angeles as follows:
The attached statement to the Governor is approved. The City Manager shall
ransmit it to the Governor of the State of Washington as the official request of the City to be
ppointed as a Natural Resource Trustee for the Rayonier property.
PASSED by the City Council of the City of Port Angeles at a regular meeting of
said Council held on the 1st day of November r 2011.
ATTEST:
Hurd, City Clerk
APPROVED AS TO FORM:
William E. Bloor, City ttorney
MAYOR, Dan Di Guilio
G:ILEGALIa ORDINANCES& RESOLUTIONSIRES OLUTIONS.2011\18.Rayonier Property. 10.03.11_2.wpd
ORTNGELES
W A S H I N G T O N U S A.
City Council
November 2, 2011
Governor Chris Gregoire
Office of the Governor
PO Box 40002
Olympia, Washington 98504 -0002
lte: Request by the City of Port Arigeles.to be appointed aNalural Resource Trustee for the
Rayonier Mill Site located in Port Angeles, Washington
Dear Governor Gregoire:
I am writing to ask you to exercise your authority to appoint the City of Port Angeles a,Naturaf
.Resource Trustee for the, Milt Site in Port Angeles.
As you-knocv, the Rayonief Mill Site occupies approximately 75 acres on Port Angeles Harbor.
lt.sits entirely within the •boundaries of the City. of Port Angeles and is integrally connected to
the City's Downtown. Because of 'its size and -its location,. the Rayonier property has for
decades been designated as a site for future economic growth and developthent. The future
use of this property is of utmost importanceto the City and this community
The,Natural Resource Trustees for the Rayonier'Mill' Site ,have. begun evaluating natural
resource damages caused by contatitinatioh released during the mill's operation. In addition to
assessing damages, the Trustees will be considering potential restoration projects •to
compensate for the loss of natural resources. Some of -the restoration projects under
consideration would be carried out on the Rayonier, property, and would require that the
property remain undeveloped in- perpetuity Decisions about these projects will have a
profound impact.on future land use in the City.
The City wants to.participate in the,Natural Resource Damage Assessment (NRDA) process,so
it can protect the cornnrunity's, interests in the Rayonier property The City's formal
participation in this.process is essential. None of the current panel ,of Trustees represents.the
City of Port Angeles. Ivlorcover, the City is the only governmental entity with direcfland
regulatory authority over the Rayonier Mill Site. Two -State laws, the Shoreline Management
Act and the Growth Management Act, charge the City. With significant land use
responsibilities. Between .2007 and 2010, the State entrusted the City with $300,000 to
conduct a community -wide visioning process for the site Additionally, as part of the recent
State funded Shoreline Master Program Update; the City Was required to consider arid'evaluate
Phone: 360- 417 -4500 Fax:'360- 417 -4509
Website: 4'ww.cityofpa.us Email: ceuncil@cityofpa.us
321 East Fifth Street P.O" Box 1150 Port Angeles, WA 98362 -0217
Page 2
November 2, 2011
Lester io Governor Gmgoire
Sine
Di Guilio
Mayor
a broad range of issues -.on this site; including implications of "no net Los's." Any decision to,
undertake a natural resource restoration, project on the site will have direct ramifications on the
outeomes of these processes:
In addition, the City has utility casements; and an:easement for a. recreation trail,.that
run' through the property The City also owns 'utility facilities'that abut 'the Rayonier property:
The Comprehensive' Erivironmental Response, Compensation, ;and Liability Act'.(CERCLA),
authorizes the Governor of each State to designate .Statetofficials.who.may. act onbehalf of the
.public as trustees,,l'or .natural 'resources. Governors have Used this authority, to 'appoint
representatives from ..oeal governments to serve as. trustees when releases of hazardous
substances have had a significant impact on natural. resources within, the local government's
jurisdiction. For example, Governor Locke designated the City :of Bellingham to serve as a•
Natural Resource Trustee :for the Olympic gasoline spill, which occurred within the
corporate limits of that city
CERCLA dncourages. cities to participate in the cleanup process to ensure that cleanups
accommodate future land uses. Where land use within the city, limits is.at issue, cities;must,be
equally' involved. in decisions. affecting the restoration. of natural resources Jamaged .by
contamination.:. urge you to appoint the City as a Natural Resource Trustee so it,has a voice
.in.thesc critical decisions affecting its future.