HomeMy WebLinkAboutResolution No. 2005-50Suggested by: Mayor Porter
CITY OF KENAI
RESOLUTION NO. 2005-50
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, OPPOSING THE
PROPOSED MIXING ZONE REVISIONS TO THE ALASKA WATER QUALITY
STANDARDS.
WHEREAS, the State of Alaska Department of Environmental Conservation is
proposing several current Mixing Zone regulations, which govern the permit
requirements for areas where treated wastewater mixes with a water body; and,
WHEREAS, the proposed amendments would allow Mixing Zones in "an area of
anadromous fish spawning" where the existing rules prohibit Mixing Zones in such
areas due to concerns that industrial effluent may have a negative impact on fish
habitat; and,
WHEREAS, the entire Kenai Peninsula Borough is interested in maintaining high water
quality and is highly dependent on the growth and propagation of fish and other
aquatic life; and,
WHEREAS, the healthy wild salmon and other marine life industries support many
jobs and subsistence resources to the people and communities throughout the state;
and,
WHEREAS, allowing Mixing Zones in anadromous fish spawning areas would impair
the efforts of Cook Inlet sport and commercial fishers and processors to promote Cook
Inlet wild salmon as clean, flesh, and healthy; and,
WHEREAS, in some cases existing municipal mixing zone permit holders have faced
permit revocation or costly upgrades when seeking a renewal because salmon have
started spawning in the area delineated as the wastewater treatment plant's approved
Mixing Zone; and,
WHEREAS, revoking a permit in such cases could be detrimental to the salmon
spawning area as it could cause the stream to dry up or otherwise damage the habitat;
and,
WHEREAS, a provision authorizing existing mixing zone permits to be grandfathered in
if salmon start spawning in the previously approved Mixing Zone area would address
these concerns.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA:
Resolution No. 2005-50
Page 2
Section 1' The City of Kenai Council opposes amending the State water quality
standards to allow wastewater to be discharged into areas of anadromous fish
spawning in Alaska and urges the Department of Environmental Conservation to not
adopt any such proposed changes except to allow the renewal of permits in areas
where salmon started spawning in the previously approved mixing zone effluent; and,
Section 2: Copies of this resolution shall be provided to the Commissioner of
Department of Environmental Conservation, Governor Frank Murkowski, Senators
Thomas Wagoner, Gary Stevens and Representatives Mike Chenault, Paul Seaton and
Kurt Olson.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 16th day of
November, 2005.
PAT PORTER, MAYOR
ATTEST:
Carol L. Freas, City Clerk
i N4K1 I-!. IVIURKOWSKI, GOVERNOR
0 Willoughby Avenue, Suite 303
.- ~ Juneau, Alaska 99801-1795
' '"' .... ' ' ~ "~ ........ . .PHONE: (907) 465-5066
_,. FAX:. (907) 465_5070
DEPARTMENT OF ENVIRONMENTAL CONSERVATION../:'.~ _ . ~ ..... .' http:II~''dec'state''ak'usl
OFFICE OF THE COMMISSIONER
October 17, 2005
Dear Alaskan'
Last year you commented on proposed changes to the mixing zone provision of the
Alaska water quality standards regulation (18 AAC 70). During the public review,
we received many comments concerning the potential effects of the proposed
changes on Alaska's fish resources. In response to those comments, the
Department of Environmental Conservation (DEC) has drafted a new proposal.
Given the significant interest in these regulations, it is important to share the new
proposal with the public for further review. The enclosed water quality mixing
zone regulations will be available for public review and comment for sixty days.
The Legislature sets public policy by enacting statutes and it is the responsibility
of the Executive Branch of government to faithfully execute those laws by
developing and implementing regulations. These. new proposed mixing zone
regulations better'reflect the DePartment'of Environmental ConserVation's dUty:to ' "'
adopt and enforce water quality standards that protect all uses of Alaska's waterS,
including the growth and propagation of fish.
In addition to DEC's authority to enforce water quality standards for all state
waters (AS 46.03), Alaska's legislature established additional protections for rivers,
lakes, and streams that are important to spawning, rearing, or migration of
anadromous fish (AS 16.20 and AS 41.14). Specifically, State laws currently direct
the Department of Natural Resources (DNR), and the Department of Fish and
Game (DFG) under AS 4114 and AS ! 6.20 respectively, to apprOve proposed
construction in, or use of, anadromous waters if approval of the activity will ensure
the proper protection of spawning, rearing and migration. While anadromous
waters must be protected, there is no absolute prohibition in state statute on the
use of, or construction in, rivers, lakes, and streams important to spawning,
rearing, or migration of anadromous fish.
Following this legislative direction,, the..proposed.regulations generally prohibit
mixing..zones in fish spawning areas' "while allowing a... narrow range of eXceptions..
,, ;. ,,::, , . , , :, ., ., ~ . · . ,, .,~ ..........
SPecificallY, DEC may'authorize~a'mixing zone in a. spawning .area if a Permit ..
applicant can'demonstrate that' the"timing of the discharge or the types of .... , ......
pollutants will not affect present and future spawning, incubation' and rearing,' or:.
NOTICE OF PROPOSED
CHANGES IN THE REGULATIONS OF THE
"] ALASKA DEPARTMENT OF ENVIRONMENTAL CONSERVATION
I
The Department of Environmental Conservation(DEC): pr0poscs to adopt regulation changes in Title 18 of the
Alaska Administrative Code, dealing..with~ Chapter..70,, Water Quality Standards, including the following'
(i. i'. i. ':i~ ~ · ' ~ ~:' "i (.~: ~.: ' ~ii~' ~': ..~ !' i' :,~ :~ ..': .'
DEC is proposing to repeal and adopt revisions that would: 1) expand the prohibition on mixing zones to include
lakes; 2) create exemptions to the prohibition on mixing zones in fish spawning habitat; 3) reorganize the mixing
zone regulations to improve clarity and reduce redundancy;
4) simplify some technical provisions including ones dealing with risk assessment, flow calculations, and mixing
zone models; and 5) update a reference to federal technology-based effluent limitations. The proposal includes a
new definition for shellfish and provides for consideration of measures that would mitigate the potential adverse
effects of mixing zones on aquatic resources.
In 2004, the Department of Environmental Conservation (DEC) proposed changes to the mixing zone regulations
and reCeived numerous corranents regarding the.proposal. DEC consulted with the 'other state resource agencies to
jointly consider the comments. As a result, the State has drafted a new proposal and is opening a new public
comment period. While some changes in the new proposal are based on previous comments, the comments received
in 2004 will not be re-visited as part of this new proposal. Please do not rely on comments submitted on the 2004
proposal, as this new proposal is substantially different. Please comment if your interests would be affected by the
proposed 2005 regulations.
These mixing zone regulations have been revised to better reflect the State's existing statutory protections for all
state waters important to the growth and propagation of fish and other aquatic life (AS 46.03), and the special
protections afforded to lakes, streams and rivers that are important to spawning, rearing, or migration of
~'\ anadromous fish (AS 16.20 and AS 41.14). The regulated community and the public have a right to regulations that
'~) are clearly written and consistent with legislative policy. DEC has proposed changes to the mixing zone regulations
· )~
with these principles in mind.
You may comment on the proposed regulation changes, including the potential costs to private persons of
complying with the proposed changes, by submitting written comments addressed to Nancy Sonafrank, Alaska
Department of Environmental Conservation, 610 University Drive, Fairbanks, Alaska 99709 or by e-mail addressed
to Nancy_Sonafrank~dec.state.ak.us. The comments must be received no later than 5:00 p.m. on December 19,
2005.
Oral or written comments may also be submitted at a heating to be held on December 5, 2005 from 5:30 p.m. to
7:00 p.m. at:
Legislative Information Office
716 W. 4th Ave, Suite 200
Anchorage, Alaska.
Those in outlying areas who wish to provide testimony may do so telephonically by calling
1-800-395-5073. Please call-in by 5:30 p.m. to register your intent to testify at the heating. The heating might be
extended to accommodate those present before 6:30 p.m. who did not have an opportunity to comment.
DEC will hold three workshops to discuss these changes at the following Legislative Information Offices:
Juneau, November 30 from 4-6 p.m. - Terry Miller Building, Suite 111.
Fairbanks, December 1 from 4-6 p.m. - 119 Cushman St., Suite 101
Anchorage, December 5 from 4-5'30 p.m. - 716 W. 4th Ave, Suite 200.
Those in other areas who wish to participate may do so telephonically by calling 1-800-395-5073 on December 5,
2005 only. Please call-in by 4:00 p.m. to register your intent to participate at the workshop.
October 26, 2004
CITY OF KENAI
210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794
TELEPHONE 907-283-7535
. FAX 907-283-3014 ~
Nancy Sonafrank
Environmental Specialist
Alaska Department of Environmental Conservation
610 University Drive
Fairbanks, AK 99709
COUNTS ON PROPOSED CHANGES TO ALASKA REGULATIONS ON
ZONES AND WATER QUALITY REGULATIONS
Dear Ms. Sonafrank:
The Kenai City Council opposes the proposed changes to the Mixing Zone provisions of
Alaska-:~regulations (18 AAC §70). Current regulations do not allow Mixing Zones in
salmon spawning areas. The proposed changes, however, could allow Mix/rig Zones in
salmon spawning areas.
The City of Kenai's economy is heavily dependent on both commercial and sport
fishing. Many local jobs come from both the fishing and tourism industries. Much of
the tourism industry is fishing related. Clean water and healthy habitat in the Kenai
River are vitally important in protecting the fishing and tourism industries in the
Kenai area. The State of Alaska and ADEC have done a good job so far in protecting
salmon habitat in the Kenai River area.
A sig~_ificant amount of time and money has been spent to establish and market the
"Kenai Wild" salmon brand. The "Kenai Wild" brand is designed to create a market
for Cook Inlet salmon by promoting the high quality, healthy and fresh salmon from
the Cook Inlet. The proposed Mixing Zone amendment, potentially allowing Mixing
Zones in salmon spawning areas, could impair the effort to promote "Kenai Wild"
salmon as safe and healthy seafood.
Not only has that program increased demand for "Kenai Wild" salmon, it has increased
the market price of the "Kenai Wild' salmon. In a time of generally lower salmon
prices, higher 'Kenai Wild' salmon prices have really helped some local fishers stay in
business. One can imagine the difficulty marketing "Kenai Wild' salmon if consumers
thought they might have been spawned in a Mixing Zone. Even if there were no actual
harmful effects, the consumer's perception of such effects could easily damage the
marketing efforts.
Introduced by: 11/01/2005 02:37 PM
Introduced by: Martin
Date: 09107104
.kcfion: Postponed until 10/12/04
Action: Adopted as Amended
Vote: 8 Yes, 0 No, 1 Absent
KENAI PENINSULA BOROUGH
RESOLUTION 2004-087(MARTIN) SUBSTITUTE
A RESOLUTION OPPOSING THE PROPOSED MIXING ZONE REVISIONS TO THE ALASKA
WATER QUALITY STANDARDS
WHEREAS, the State of Alaska Department of Environmental Conservation is proposing several current
Mixing Zone regulations, which govern the permit requirements for areas where treated wastewater mixes
with a water body; and
WHEREAS, the proposed amendments would allow Mixing Zones in "an area of anadromous fish
spawning" where the existing rules prohibit Mixing Zones in such areas due to concerns that industrial
effluent may have a negative impact on fish habitat; and
WHEREAS, the entire Kenai Peninsula Borough is interested in maintaining high water quality and is
highly dependent on the growth and propagation of fish and other aquatic life; and
WHEREAS, a large part of the Kenai Peninsula Borough's economy stems from healthy salmon and other
aarine life stocks residing in the waterways that could be affected by these proposed regulations; and
WHEREAS, the healthy wild salmon and other marine life industries support many jobs and subsistence
resources to the people and communities throughout the state; and
WHEREAS, the Kenai Peninsula Borough has provided significant support to the Cook Inlet Salmon
Branding program, which is largely dependent upon the ability to market Cook Inlet wild salmon; and
WHEREAS, allowing Mixing Zones in anadromous fish spawning areas would impair the efforts of Cook
Inlet sport and commercial fishers and processors to promote Cook Inlet wild salmon as clean, fresh, and
healthy; and
WHEREAS, in some cases existing municipal mixing zone permit holders have faced permit revocation or
costly upgrades when seeking a renewal because salmon have started spawning in the area delineated as the
wastewater treatment plant's approved Mixing Zone; and
WHEREAS, revoking a permit in such cases could be detrimental to the salmon spawning area as it could
cause the stream to dry up or otherwise damage the habitat; and
WHEREAS, a provision authorizing existing mixing zone permits to be grandfathered in if salmon start
spawning in the previously approved Mixing Zone area would address these concerns; and
WHEREAS, the comment period for the proposed regulations ends on November 1, 2004;
)://www. bo rou g h. kenai, ak. u s/Asse m b lyC I er k/As s e m b ly/Res ol uti o n s/2 004/R2 004-0 8 7962 OM arti n%2 0S u b stit ute. htm
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