Legislature(2005 - 2006)CAPITOL 124
04/12/2006 01:00 PM House RESOURCES
| Audio | Topic |
|---|---|
| Start | |
| Board of Fisheries | |
| Big Game Services Board | |
| HB328 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| = | HB 328 | ||
HB 328-BAN MIXING ZONES IN SPAWNING AREAS CO-CHAIR RAMRAS announced that the final order of business would be HOUSE BILL NO. 328, "An Act prohibiting mixing zones in freshwater spawning waters." He noted that public testimony is closed and that CSHB 328, Version 24-LS1273\C, Bullock, 4/5/06, was before the committee. The committee took an at-ease from 1:42 p.m. to 1:44:34 PM. LYNN KENT, Director, Division of Water, Department of Environmental Conservation (DEC), said much of her testimony has been given in the House Special Committee on Fisheries. She explained that DEC is charged with providing water quality standards that are designed to protect the multiple uses of Alaskan waters including drinking water; public health, safety, and welfare; growth and propagation of aquatic life; domestic, commercial, and industrial uses; and recreational uses. She defined a mixing zone as an area where treated wastewater is discharged and allowed to mix with a [non-treated] water body; the water quality standards may be exceeded within that permitted mixing zone but the overall use of the water body has to be protected. She said mixing zones are only allowed as a part of a publicly-reviewed wastewater discharge permit. MS. KENT explained how mixing zones are engineered and the parameters that DEC employs to authorize them. She said all states use mixing zones, and they are highly regulated by DEC. She said DEC must consider the characteristics of the receiving water and the effluent, the cumulative effects, and measures to mitigate adverse effects to aquatic resources. In order to authorize a mixing zone DEC must find that the effluent will be treated to remove, reduce, and disperse the pollutants using the most effective methods that are technologically and economically feasible, consistent with statutory and regulatory treatment requirements. DEC must find that the designated and existing uses of the water body as a whole will be maintained and protected; overall biological integrity of the water body will not be impaired; and the mixing zone is as small as practicable. MS. KENT said a mixing zone cannot result in a toxic effect in the water column, sediments, or biota outside the boundaries of the mixing zone; it cannot preclude or limit established processing activities, commercial, sport, personal-use, or subsistence fish and shellfish harvesting; it cannot result in a reduction of fish or shellfish; it cannot result in permanent or irreparable displacement of indigenous organisms; it cannot contain pollutants that bioaccumulate, bioconcentrate, or persist above natural levels; they can't produce objectionable taste or color in biota harvested for humans; and they can't cause mortality of passing organisms. MS. KENT said DEC is opposed to the bill and has submitted testimony. She said the bill isn't necessary from a scientific basis to protect anadromous salmon. The regulations prohibit a mixing zone in anadromous salmon spawning areas, and that prohibition would be put in statute under HB 328. Such a flat- out prohibition isn't necessary from a scientific perspective, because DEC regulations go beyond sound science to address public perception and salmon marketing. 1:52:52 PM MS. KENT said there is no justification for extending a mixing zone prohibition to also protect resident species listed in HB 328. She said the bill will prohibit reauthorization of a mixing zone that has later become a fish spawning area, unless the discharge is from a village wastewater facility. She opined that the bill defines "area" in a way that runs counter to current practices by ADF&G and DNR. Alaska's fishery resources have seasonal sensitivity, and wastewater discharge has been restricted on a seasonal basis. She said the bill places new restrictions on existing placer mines that don't take effect until the currently permitted operator applies for a reauthorization. She noted that there are 32 placer mines permitted to discharge with timing restrictions to avoid spawning. Most of those facilities have an authorized mixing zone that is greater than 500 feet in length, and most have already done everything they can do to make their mixing zone as small as practicable, so it is likely they cannot be re- permitted, even though they are currently operating without any impacts. She said new permits might set up a double standard. She spoke of the fiscal note and will rewrite it. 1:56:24 PM REPRESENTATIVE LEDOUX said she represents communities on Lake Iliamna, and she asked what will happen if one of those communities needs a permit to discharge wastewater. MS. KENT said if any communities need a new domestic wastewater discharge permit in spawning areas, this bill would preclude that. REPRESENTATIVE LEDOUX asked what resident fish redds are. MCKIE CAMPBELL, Commissioner, Alaska Department of Fish & Game, said it is a egg-laying depression in the gravel, and the term is used for areas of broadcast spawning. KERRY HOWARD, Director, Office of Habitat Management and Permitting, Department of Natural Resources, said a redd is a nest in the gravel, and broadcast spawners don't use them. 1:58:54 PM REPRESENTATIVE LEDOUX asked if most of the shoreline of Iliamna Lake will be off limits. MS. KENT said she is not familiar with that area. COMMISSIONER CAMPBELL said yes. 1:59:40 PM [HB 328 was held over]
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