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Four Republican state legislators are sponsoring a bill for next session that would prohibit pollution mixing zones in freshwater spawning areas, but allow dumping in man-made bodies of water where fish may lay eggs.
Bill to prohibit mixing zones in freshwater 122205 state 2 JuneauEmpire Four Republican state legislators are sponsoring a bill for next session that would prohibit pollution mixing zones in freshwater spawning areas, but allow dumping in man-made bodies of water where fish may lay eggs.

Bill to prohibit mixing zones in freshwater

Measure would allow dumping in artificial bodies of water

Four Republican state legislators are sponsoring a bill for next session that would prohibit pollution mixing zones in freshwater spawning areas, but allow dumping in man-made bodies of water where fish may lay eggs.

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The bill is a reaction to the Alaska Department of Environmental Conservation's proposal to exempt qualifying companies and cities from existing regulations, which don't allow mixing zones.

Those applying for the mixing zones must meet certain criteria to get the permits. The timing of the discharge or types of pollutants must not affect spawning, incubation or rearing of the fish.

"A mixing zone is not a free ticket to pollute," said Nancy Sonafrank, the department's water quality standards section manager.

Rep. Paul Seaton, R-Homer, the sponsor of the bill, said the change is too drastic because the department can only cite two recent examples where mixing zones were needed.

"We were doing just fine with the old regulations," Seaton said.

Legislators have fought with the department over its previous proposals. During last session, $75,000 of funding for the department was cut as a protest, Seaton said.

Rep. Kurt Olson, R-Kenai, Rep. Carl Gatto, R-Palmer, and Rep. Gabrielle LeDoux, R-Kodiak, are co-sponsors of the bill.

Allowing mixing zones into natural bodies of water would hurt Alaska's seafood marketing efforts, Seaton said. Fish from the state enjoy a good reputation as consumers are confident that the catch is wild and clean.

"We don't want to see those efforts undermined by these regulations," Seaton said.

In addition to prohibiting mixing zones, the legislation would not allow entirely man-made ditches, holding tanks and settling ponds to be classified as spawning areas if they are later invaded by fish.

Even if eggs die in the new habitats within artificial bodies of water, the pollution would not affect the crucial natural habitats in rivers, lakes and streams, Seaton said.

The department said the proposed changes could help the city of Valdez, where salmon have colonized a man-made ditch from a wastewater treatment plant.

An alternative for the city is to pipe the wastewater to saltwater at a cost of $2 million.

Seaton said a gold mine planned for Donlin Creek, about 300 miles west of Anchorage, needs a mixing zone to dump chemicals. He said he would prefer the company solve the problem with settling ponds than dumping waste into the Kuskokwim River.

A comment period on the proposed regulation for mixing zones ended on Monday. The Juneau Assembly passed a resolution earlier this month that opposed the new changes.

The department will complete a final draft of the regulation next year with the public's comments considered, Sonafrank said.



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