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 MUNCIPALITY RESPONDS TO EKLUTNA COMPLAINT 

  

10/4/2013
Mayor's Office

FOR IMMEDIATE RELEASE

Contact: Lindsey Whitt
Phone: 907-343-7103
Cell: 907-433-9543
E-mail: whittla@muni.org  

MUNCIPALITY RESPONDS TO EKLUTNA COMPLAINT

The Municipality has received a copy of Eklutna, Inc.’s complaint regarding the landfill gas to electricity project developed by the Municipality that provides needed power the JBER.

The complaint largely turns on whether methane gas produced solely by garbage placed in the concrete cells built by the Municipality is "attributable to the land as opposed to any improvements constructed thereon" as called for under the Municipality’s agreement with Eklutna, Inc.

The Municipality’s position is that the landfill gas would not exist if not for the improvements the Municipality has made on the land. This landfill gas is not like natural gas or minerals that are part of the land itself. Eklutna Inc.’s claim for a share of the net income from the landfill gas is without merit. The net income belongs to the people of Anchorage.

Eklutna, Inc. is the single largest private landholder in the Municipality and owns about 90,000 acres of land within the Municipality. The Municipality has and will continue to work with Eklutna, Inc. on land issues. However, the Municipality simply cannot give away income necessary to the continued operation of the landfill for many decades to come.

The Municipality has a financial duty to its taxpayers, including making sure there are sufficient funds to secure and build an alternative landfill and sufficient funds for the proper care and closure of this landfill when the time comes.

The Municipality looks forward to presenting its case to the court for resolution of this issue.

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