Legislature(1997 - 1998)
04/21/1997 06:08 PM Senate FIN
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
CS FOR HOUSE BILL NO. 51(O&G)
"An Act relating to the Department of Environmental
Conservation."
Representative Rokeberg, sponsor, introduced his bill. He
referred to work draft O-LS0091\O dated 4/15/97. Senator
Parnell moved work draft O-LS0091\O for discussion purposes.
Senator Adams objected. Representative Rokeberg gave a
brief overview of the bill. He clarified misinformation of
the bill and said it would not lessen state water quality.
In response to a question by Senator Adams he said the State
had no privacy under federal statute. Co-chair Sharp
thanked the sponsor for his time and explanation of the
bill.
At this point, Co-chair Sharp noted that the cities of
Anchorage, Fairbanks, Cordova, Kenai, Homer and Haines were
on teleconference line. He took testimony from the
following individuals who testified either in support of or
against the bill.
Cherie Shaw, Cordova Fishermens' United, Cordova; Ron
Yarnell, Fairbanks; Dale Anderson, Chena Hot Springs; Karl
Hanneman, President Alaska Miners' Association; Joe
Bridgeman, Regional Citizens' Advisory Commission, Prince of
Wales Sound; Nancy Lethcoe, Valdez; Jeff Parker, Alaska
Sport Fish, Anchorage; Martha Levensaler, U.S. National
Wildlife, Anchorage; Dorothy Childers, Anchorage; Dennis
Randa, Trout Unlimited, Kenai; Linda Wright, Kenai; Cheri
Edwards, Kenai; Joel Cooper, Homer; Bob Shavelson, Cook
Inlet Keeper Program, Homer; Marla McPherson, UAF student,
Fairbanks; Mike McDougal, UAF fisheries student, Fairbanks;
Chris Miller, Fairbanks; Tim June, commercial fisherman,
Haines; Norman Blank, commercial fisherman, Haines; Vivian
Manaker, Haines; Dale Bonddurant, Kenai; Peggy Mullen,
Kenai; Cliff Eames, Alaska Center/Environment, Anchorage;
Becky Gay, Resource Development Council, Anchorage; Suzanne
Mills, UAF, Fairbanks; Kerynn Fisher, Fairbanks; Keith
Nyitray, Talkeetna; Bob Benda, Valdez; Constance Griffith,
Haines; Dwight Hales, Haines; Neil Plested, Fairbanks;
Sylvia Ward, NAEC, Fairbanks; and Sara Callaghan, Fairbanks.
The following individuals testified in Juneau either in
support of or against the bill.
Dick Myron, Fritz Cove; Kate Troll, Executive Director,
United Fishermen; John Stedman, commercial fisherman; Susan
Schrader, Alaska Environmental Conservation; and Irene
Alexicos, Alaska Clean Water Lines.
Following teleconference testimony and testimony taken from
local Juneau residents Co-chair Sharp continued with
testimony from Al Ewing, Deputy Commissioner, Department of
Environmental Conservation. Mr. Ewing offered his comments
to version "O" of the bill and explained its' intent. He
referred to last year's bill HB 71. He said mixing zones
were of unlimited size. It is now up to Alaskans to set the
standards for water quality and he explained the definition
of "drinking water". He said the national toxic rule (NTR)
was being closely monitored and therefore in many places the
discharge water was cleaner than the receiving water. There
was a continuing problem with HB 51. Alaska quality
standards are not as high as they could be. He referred
briefly to EPA negotiations. Alaska has ben able to use
site specific procedures. The department was committed to
industry but also committed to "doing it right". He felt
therefore, that the Department of Environmental Conservation
was on the right track.
Co-chair Sharp referred to the consensus group on mixing
zone problems. Mr. Ewing responded that the effort was
ongoing. There had been three public hearings and it was
expected within one week to send the results to the Lt.
Governor's office. Co-chair Sharp referred to glaciated
intake streams. Mr. Ewing said they did issue site specific
permits including the Red Dog Mine and the Kensington Mine.
Senator Adams said the bill was to solve water problems.
Mr. Ewing said he had tried to probe what the particular
bill was trying to solve. He noted there were approximately
twelve issues not addressed by HB 51. Senator Adams asked
about drinking water and Mr. Ewing said there was no surface
water that would qualify as drinking water. Senator Adams
referred to an EPA report but Mr. Ewing said he could not
speak for EPA. He did feel that HB 51 was headed in the
wrong direction.
Senator Adams asked Mr. Ewing to compare fish and food
processing waste water to industrial waste water. Mr. Ewing
responded by asking Senator Adams as an example if he would
use industrial waste water for food processing intake water.
Co-chair Sharp also commented on the fisc process waste
water. Mr. Ewing said the food and fish processors are
being regulated. Co-chair Sharp continued by saying that
there were concerns in interior Alaska. The real bandits
have been driven out and there were a few good operators
left. Section 10, he said, had never done Alaska any
favours. Mr. Ewing said the department was working in
conjunction with the Alaska Miners' Association. Co-chair
Sharp said Commissioner Brown's efforts were appreciated and
referred to a letter from the Alaska Miners' Association.
Senator Pearce asked the two definitions of "natural
conditions" be explained. Representative Rokeberg referred
to page 6, line 15. Bruce Campbell, staff to Representative
Pete Kelly was also invited to join the committee and
explained the referenced item. Representative Rokeberg
further continued on to page 7, line 2. Senator Pearce
posed a hypothetical question. Mr. Ewing responded saying
that basically, the water being discharged was more clean
than the water being discharged into. Senator Pearce asked
specifically about the Usibelli Coal mine. Representative
Rokeberg said the mine has been in existence since 1983.
Senator Phillips inquired about the committee's schedule.
Co-chair Sharp said there were eight bills on the calendar
to be heard in the morning. Senator Adams removed his
objection to the draft version "O". Co-chair Sharp referred
to amendment #1 and asked Representative Rokeberg to explain
the amendment. Mr. Campbell also gave a brief review of it.
It contained a clarification of "background condition" and
would remove the confusing language regarding the mixing
zone. Representative Rokeberg continued, explaining page 6,
noting that the definition of industrial use would be
removed. The fish processing plants would benefit. Ne
noted that the fishing industry in general was exempt from
the Clean Water Act. He also said the requests made by the
Miners' Association would be met under this amendment.
Senator Adams cautioned that amendment #1 was not properly
before the committee. Senator Pearce moved amendment #1.
Co-chair Sharp said the amendment did not remove "industrial
use", but in response, Representative Rokeberg referred to
page 6, lines 27 - 29 and said that it did. Therefore,
without objection, amendment #1 was adopted.
Senator Adams asked HB 51 be held in committee. He needed
to inquire further as to the needs of his constituents and
he did not want it to be "industry vs. industry" in his
district. Senator Torgerson also faced the same problems
and requested the bill be held. He was not in favour of the
bill at present and would like to read further into its'
background. Co-chair Sharp voiced his same concerns.
Senator Pearce felt there should be a new fiscal note from
the department.
At this point, Co-chair Sharp set the bill aside. He
reviewed the schedule for tomorrow morning commencing at
9:00 a.m.
ADJOURNMENT
Co-chair Sharp recessed the meeting at 8:50 p.m. until 9:00
a.m. tomorrow morning.
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