Ordinance 2005-13, proposed in March by assembly member Dan Chay of Kenai got public hearings before the assembly on Aug. 2 and Aug. 16 and was referred to the planning commission for comment. The commissioners voted 11-2 to approve the new language. The ordinance now returns to the assembly for another hearing and perhaps final action when the body meets in Homer on Sept. 20.
The existing code says gravel pits must not “negatively impact the quantity and quality of an aquifer” serving neighboring property and places distance requirements between an aquifer and extraction operations. However, it also places the burden of proof that damage has occurred on a complaining neighbor after the fact.
Chay’s language essentially reverses the burden, instead requiring a pit owner to show “reasonable and compelling evidence” that extraction would not harm an aquifer prior to obtaining a land-use permit. Under Chay’s language, the planning commission could require an operator to obtain a statement to that effect from a licensed and certified hydrologist. The proposed ordinance also would empower the commission to require an operator to post a bond under certain circumstances.
Chay has called the ordinance an attempt to clarify conditions for materials sites and to level the playing field by giving the law somewhat more clout in protecting pit neighbors.
It was upon learning that the borough land-use permit process did not require what he deemed important information from operators that led him to pen the ordinance, Chay said, adding that he was “very pleased” with the commission’s decision. He said the ordinance would give the commission more tools to work with.
Helen Schwert, an Anchor Point property owner who has voiced concerns about gravel pit operations, said she was elated that the commission recommended approving Chay’s ordinance, and by so wide a margin.
Some gravel pit owners wrote letters to the assembly prior to the Aug. 16 meeting expressing concern that the assembly was not hearing from all sides of the material site debate.
Pit owner Brok Shafer, of Anchor Point, requested more time for consideration. So did Ina Jones, another pit owner.
“There needs to be an equal representation ... for all parties involved,” Jones said. “This ordinance should be thought out and not a knee-jerk reaction that has to be changed due to lack of planning.”
Chay noted that the ordinance was introduced in March and that hearing dates were set in August in order to afford plenty of time for public preparation and input.
Chay said he was invited and will meet with a group of gravel pit operators at a public meeting at Chapman School in Anchor Point at 7 tonight.
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