As the Alaska Department of Environmental Conservation begins to analyze more than 200 public comments it received on a proposal that would loosen water quality standards, several Alaska representatives have submitted a bill that would keep most of the old rules in place.

Rep. Paul Seaton, R-Homer, along with representatives from Kenai, Palmer and Kodiak, announced Dec. 20 that they had pre-filed legislation that would continue to prohibit mixing zones in freshwater spawning areas.

The announcement came the day after the public comment period ended for the second round of DEC proposals in two years aimed at changing the regulations.

A mixing zone is an area where wastewater mixes with fresh water or the ocean. Most sewage treatment plants in the state use mixing zones to some degree, as do some seafood processors, fish hatcheries, oil and gas facilities and mining operations.

Under current law, such discharges are prohibited in spawning streams.

Permits can be obtained from DEC, however, to discharge treated wastewater into freshwater streams and lakes that do not contain spawning fish.

DEC’s new proposal would allow limited exceptions to the spawning area prohibition, as long as the applicant demonstrates that the discharge would not harm the fish and if the application is approved by the Department of Natural Resources and the Alaska Department of Fish and Game.

In 2004, more than 600 comments were received, mostly opposed to loosening the rules. In 2005, the Kenai Peninsula Borough Assembly and several city councils — including Homer’s on Dec. 5 — passed resolutions opposed to the new round of changes.

A decision will be made in early 2006, whether to adopt the new mixing zone rules, said Nancy Sonafrank, an environmental program specialist with DEC.

She said DEC is considering all the public comments “as quickly as possible.”

In recent workshops and public statements, DEC has said the changes in the rules are necessary to help small community wastewater facilities provide services.

In the city of Valdez, for instance, a ditch was built to run discharge away from its wastewater facility to a nearby stream. After the ditch was built, salmon began using the stream to spawn, which in turn, violated the city’s DEC permit.

Small communities will benefit from the regulation changes, but environmental watchdog groups say there are bigger players pulling strings behind the scenes.

Bob Shavelson, the executive director of Cook Inlet Keeper, said Alaska’s governor is pandering to mining interests.

“You have to trust the Murkowski administration if you don’t think the mining industry is behind this,” Shavelson said. “The Valdez example is a smokescreen.”

Shavelson, citing the longevity bonus and Murkowski’s new jet, said this issue follows a history of the administration disregarding public opinion and doing what it wants.

This time, Shavelson said, the mining industry has Murkowski’s ear.

According to Northern Dynasty Mines Inc., the Pebble mine project would not benefit from the new regulations, and Sonafrank said mining companies throughout the state would have a hard time meeting mixing zone requirements, even after the regulations where loosened.

Sonafrank said the DEC is not looking at mining projects that need the regulation change.

But Shavelson said he isn’t convinced and hoped Seaton’s new legislation would trump the governor’s attempt to lift restrictions.

“I think it’s a strong piece of legislation that will be favored by most (legislators),” Shavelson said. “The question is, will the Legislature will have the spine to counter the Murkowski administration and the mining companies?”

Seaton said several high-ranking members of the Legislature have either co-sponsored the bill or have shown support for it.

“These regulations have served us well,” said Seaton. “This bill will solve the problems that have been identified by industry and municipalities while maintaining the integrity of Alaska’s waters and fisheries.”

The bill will be read during the second week in January when the Alaska Legislature re-convenes.

DEC could make a decision before the bill is passed, but Seaton said he doesn’t think DEC will try to beat legislators to the punch.

Ben Stuart can be reached at ben.stuart@homernews.com.