00                       CS FOR HOUSE BILL NO. 328(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) of this section, the department may not authorize a mixing zone for                            
06       lakes, streams, rivers, or other flowing fresh water in an area of                                                
07                 (1)  anadromous fish spawning; or                                                                       
08                 (2)  resident fish redds for                                                                            
09                      (A)  Arctic char;                                                                                  
10                      (B)  Arctic grayling;                                                                              
11                      (C)  brook trout;                                                                                  
12                      (D)  burbot;                                                                                       
13                      (E)  cutthroat trout;                                                                              
14                      (F)  Dolly Varden;                                                                                 
15                      (G)  lake trout;                                                                                   
01                      (H)  landlocked coho, king, and sockeye salmon;                                                    
02                      (I)  northern pike;                                                                                
03                      (J)  rainbow trout;                                                                                
04                      (K)  sheefish; or                                                                                  
05                      (L)  whitefish.                                                                                    
06            (b)  The prohibition in (a) of this section does not apply to the renewal of a                               
07       municipal wastewater facility's mixing zone authorization during the useful life of the                           
08       wastewater facility for an area where spawning was not ongoing at the time of the                                 
09       initial authorization and the mixing zone became a spawning area after the date of the                            
10       initial authorization.                                                                                            
11            (c)  In this section,                                                                                        
12                 (1)  "area" means the physical location where spawning occurs;                                          
13                 (2)  "lakes, streams, rivers, or other flowing fresh water" includes lakes,                             
14       streams, rivers, or other flowing fresh water that have been altered by remediation or                            
15       construction activities; the term does not include an artificially constructed facility for                       
16       water, wastewater, holding, or channeling, unless the artificial facility is constructed                          
17       for the purpose of facilitating fish spawning;                                                                    
18                 (3)  "mixing zone" means an area in a water body surrounding or                                         
19       downstream of a discharge where the effluent plume is diluted by the                                              
20       receiving water, within which water quality standards specified by the                                            
21       department under AS 46.03.050 - 46.03.120 may be exceeded.