CSHB 74(FSH): "An Act prohibiting mixing zones in freshwater spawning waters."
00 CS FOR HOUSE BILL NO. 74(FSH) 01 "An Act prohibiting mixing zones in freshwater spawning waters." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 46.03 is amended by adding a new section to read: 04 Sec. 46.03.065. Prohibition of mixing zones in spawning waters. (a) Except 05 as provided in (b) and (c) of this section, the department may not authorize a mixing 06 zone for lakes, streams, rivers, or other flowing fresh water at any time in an area 07 where 08 (1) anadromous fish spawn; or 09 (2) resident fish redds are located for 10 (A) Arctic char; 11 (B) Arctic grayling; 12 (C) brook trout; 13 (D) burbot; 14 (E) cutthroat trout; 15 (F) Dolly Varden;
01 (G) lake trout; 02 (H) landlocked coho, king, and sockeye salmon; 03 (I) northern pike; 04 (J) rainbow trout; 05 (K) sheefish; or 06 (L) whitefish. 07 (b) The prohibition in (a) of this section does not apply to the renewal of a 08 municipal or village wastewater facility's mixing zone authorization during the useful 09 life of the wastewater facility for an area where spawning was not ongoing at the time 10 of the initial authorization and the mixing zone became a spawning area after the date 11 of the initial authorization. 12 (c) The prohibition in (a) of this section does not apply to a turbidity mixing 13 zone for a suction dredge placer mine or a mechanical placer mine if 14 (1) the turbidity level of the mixing zone has been authorized by the 15 Department of Environmental Conservation; 16 (2) the mixing zone extends not more than 500 feet downstream of the 17 point of discharge; 18 (3) the mixing zone is at least 500 feet away from the closest mixing 19 zone in the same body of water; and 20 (4) the Department of Environmental Conservation with the 21 concurrence of the Department of Natural Resources, or, in an area designated under 22 AS 16.20, with the concurrence of the Department of Fish and Game, 23 (A) restricts the discharge to periods when spawning is not 24 occurring; and 25 (B) finds that the mixing zone will not adversely affect the 26 present and future capability of the area for spawning, incubation, or rearing of 27 fish included in (a) of this section. 28 (d) In this section, 29 (1) "area" means the physical location where spawning occurs; 30 (2) "lakes, streams, rivers, or other flowing fresh water" includes lakes, 31 streams, rivers, or other flowing fresh water that have been altered by remediation or
01 construction activities; the term does not include an artificially constructed facility for 02 water, wastewater, holding, or channeling, unless the artificial facility is constructed 03 for the purpose of facilitating fish spawning; 04 (3) "mixing zone" means an area in a water body surrounding or 05 downstream of a discharge where the effluent plume is diluted by the 06 receiving water, within which water quality standards specified by the 07 department under AS 46.03.050 - 46.03.120 may be exceeded; 08 (4) "village" has the meaning given in AS 46.07.080. 09 * Sec. 2. The uncodified law of the State of Alaska is amended by adding a 10 new section to read: 11 APPLICABILITY. AS 46.03.065, enacted in sec. 1 of this Act, does not 12 apply to a suction dredge placer mine or a mechanical placer mine with a permit 13 in effect on the effective date of this Act until the operator applies for a 14 reauthorization of that permit.