MEMORANDUM

TO: Pete Sprague, Assembly President

Members, Kenai Peninsula Borough Assembly

FROM: Milli Martin, Assembly Member

DATE: September 30, 2004

SUBJECT: Resolution 2004-087 proposed substitute, opposing the proposed Mixing Zone revisions to the Alaska Water Quality Standards

After introducing Resolution 2004-087 at the September 7, 2004, meeting, it came to my attention that additional issues regarding the proposed Mixing Zone regulations should be addressed in the resolution. These include concerns expressed by the City of Soldotna, Cook Inlet Regional Citizens Advisory Council, and others.

The City of Soldotna currently operates a wastewater treatment plant and has a permit authorizing it to discharge effluent into a Mixing Zone. The City is concerned that without these amendments to the regulations, it may face problems when seeking renewal of the permit if it can be shown that salmon have begun spawning in the approved Mixing Zone since the permit was originally issued. Other municipalities have been forced to spend significant funds to address such concerns even though there may not have been damage to the spawning area as the fish began spawning after the effluent was discharged to that area. Additionally, the City of Homer has adopted a resolution, which is attached for your consideration, opposing the regulations in these salmon streams. Finally, the Cook Inlet Regional Citizens Advisory Council expresses concerns that the regulations may negatively impact the anadromous streams.

This substitute resolution attempts to address the various concerns. Your consideration would be appreciated.