Wastewater discharge rule changes on tap

A bill being considered by the Alaska Legislature this session may put to rest, once and for all, recent controversy over proposed easing of certain restrictions on wastewater discharges in fish spawning areas of Alaska streams.

House Bill 328, introduced by House Fisheries Chairman Rep. Paul Seaton, R-Homer, would set in statute Alaska Department of Environmental Conservation regulations that prohibit the use of so-called "mixing zones" in the state's natural waterways.

The move is aimed at protecting the pristine image of Alaska's wild salmon and other fisheries, which the bill's advocates say offers considerable value to the state and its commercial fishing industry.

A "mixing zone" is a three-dimensional area in a body of water where wastewater that does not meet the strictest standards for removal of potential contaminants can be lawfully discharged.

Mixing zones are generally specified where an "end-of-pipe" discharge does not meet environmental regulators' Aquatic Life Standards but where mixing with receiving water will result in those standards being met further downstream.

Mixing-zone rule dates from '70s

Alaska's regulation prohibiting mixing zones dates back to 1973. Recently, DEC officials found that in some instances the rule seemed overly restrictive, and proposed a new regulation that allows site-specific exceptions while the general prohibition remains in place.

"Fish and Game actually observed spawning salmon in a mixing zone and did studies and found no harm was done to the fish," said Nancy Sonafrank, section manager in DEC's Division of Water.

An exhaustive process in which the state agency held public meetings and received more than 1,000 public comments culminated with a workshop Dec. 19.

DEC is expected to take feedback from the workshop and analysis of the latest round of some 400 public comments and come up with a final decision on the proposed rule in the near future, according to Sonafrank.

"If the commissioner decides to go ahead with a new rule, it then goes to the lieutenant governor and then we would need a 30-day waiting period," Sonafrank said. "It could be sometime before a new rule takes effect."

Bill protects pristine image

Meanwhile, HB 328 could set the prohibition against mixing zones in state statute, a move that could potentially create problems for mining operations seeking to do business in Alaska.

"If our bill goes through, exceptions to the prohibition on mixing zones in the state's natural streams would not be allowed," said Seaton aide Louie Flora. "By opening the door to that possibility, we will slowly open the door for undermining the purity of Alaska fish. Commercial fishermen in Alaska pay a marketing tax to promote that concept. We don't want to see it lost."

Flora said Seaton and the bill's other co-sponsors, Reps. Kurt Olson, R-Kenai, Carl Gatto, R-Palmer and Gabrielle LeDoux, R-Kodiak, do not believe the mining industry will be adversely affected by the legislation.

"We've been in contact with the developers of one of the largest gold mines in North America, the Pebble Mine on the Alaska Peninsula, and they said they won't need a mixing zone," he added.

Northern Dynasty Ltd., the Pebble project's developers, declined to comment on whether it will require a mixing zone to handle wastewater at the mine. However, a statement posted on the company's Web site indicated that current plans do not involve seeking a mixing zone permit from state regulators.

Measure accommodates miners

Still, HB 328 may already address the needs of miners.

"We added a provision that will allow mixing zones in manmade ditches such as tailings ponds or any artificial facility channeling or holding water," Flora said.

The exception is actually a case of art imitating life in that the Municipality of Valdez dug a ditch for wastewater that subsequently was invaded by pink salmon," he added.