[Editor's note: The following is an open letter to the residents of the Seward area from the Seward City Council. This letter was mailed to all post office box holders in Seward and Moose Pass, along with an attached timeline of events in the RBCA/ACAT v. City of Seward litigation. If anyone would like to view that document, please contact the city clerk's office in person, or at 907-224-4045 or clerk(at)cityofseward.net.]
We want to share with you some facts surrounding the lawsuit filed against the City of Seward by the Resurrection Bay Conservation Alliance and Alaska Community Action on Toxics (together, RBCA). We also hope to dispel any ongoing confusion and correct misinformation.
In 2006, RBCA sued the city alleging that the city was operating industrial vessel repair and maintenance facilities and discharging contaminated storm water into Resurrection Bay. They asked the court to order the city to obtain discharge permits for two sites, the Boat Harbor and the upland boat storage area at the Seward Marine Industrial Center (SMIC). They asked the court to order the city to pay $76 million in civil penalties and to pay all attorney fees and costs (although RBCA was not charged anything by its attorneys). RBCA alleged a variety of harm to its members, but had no evidence of pollution or harm.
Ultimately, there was no evidence of any contaminated rainwater or contamination into Resurrection Bay. A storm water permit is now in place at the SMIC upland boat storage area, and a civil penalty of $1 instead of $76 million was found to be appropriate by the court. The court also recognized that Seward has harbor management practices that exceed those of most communities in Alaska, and that no other similar facility has a stormwater discharge permit. The lawsuit did not change the practices at the upland boat storage area, but the city is now covered by a storm water discharge permit.
However, for the past three years, RBCA has been fighting in court to require the city to pay all attorney fees and costs in an amount determined by Trustees for Alaska (their attorney). The city offered several times to pay a portion of the requested fees, but RBCA will not agree to anything less than the full amount requested by Trustees.
If the city had an extra $150,000, which is approximately what RBCA is insisting the city pay, we feel such funds would be better spent on improvements at SMIC. For example, we could improve electrical services, water and sewer lines, remove more abandoned vessels, or maybe work on building a public restroom so our customers would not need to use a rented port-a-potty.
ANOTHER VIEW: Environmental groups respond to Seward City Council members' open letter
City administration continues to seek grant funding for improvements at SMIC. The Exxon Valdez Oil Spill Trustee Council selected the City of Seward's request for a Vessel Wash-Down and Wastewater Recycling Facility as a preferred proposal. However, we are experiencing some hesitation from EVOS as a result of this ongoing lawsuit, which may affect the funding of this $750,000 project.
The city supports other positive efforts spearheaded by RBCA, like the distribution of bear-proof trash containers, mono-filament recycling stations, and efforts to reduce non-indigenous plants in the community. But we do not support forcing a community of less than 3,000 residents to pay a large amount in attorney fees after defending a lawsuit in which allegations were never supported by facts. The city has already spent about $160,000 defending against unsupported claims. A factual summary of the lawsuit is included with this letter.
The city will continue to allow vessels to be stored at the upland boat storage area, and to allow vessel owners to work on their vessels in accordance with the city's adopted policies. These policies have been in place for many years to protect the users and the environment. Boating is a backbone of Seward's local economy, and should be celebrated with the community's strong maritime heritage. Please join us by encouraging RBCA to end this lawsuit, and let's move forward together to create a strong and cohesive community.
The City of Seward City Council presently consists of Willard E. Dunham, mayor; Jean Bardarson, vice-mayor; Robert Valdatta, council member; Vanta Shafer, council member; Tom Smith, council member; Marianna Keil, council member; and Ristine Casagranda, council member.
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