00                            SENATE BILL NO. 238                                                                         
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.                                                
14            (d)  In this section,                                                                                        
15                 (1)  "area" means the physical location where spawning occurs;                                          
16                 (2)  "lakes, streams, rivers, or other flowing fresh water" includes lakes,                             
17       streams, rivers, or other flowing fresh water that have been altered by remediation or                            
18       construction activities; the term does not include an artificially constructed facility for                       
19       water, wastewater, holding, or channeling, unless the artificial facility is constructed                          
20       for the purpose of facilitating fish spawning;                                                                    
21                 (3)  "mixing zone" means an area in a water body surrounding or                                         
22       downstream of a discharge where the effluent plume is diluted by the                                              
23       receiving water, within which water quality standards specified by the                                            
24       department under AS 46.03.050 - 46.03.120 may be exceeded;                                                        
25                 (4)  "village" has the meaning given in AS 46.07.080.