This web page contains information on mine permitting relevant to Ballot Measure #4, and the State’s position on how it could affect existing and future mining operations in Alaska. Ballot Measure #4 will be on the August 26, 2008 primary election ballot, and seeks to prevent mining discharges to water that adversely affect human health or salmon.  (For the full text of the ballot measure and other information, please visit the Division of Elections website.

OVERVIEW

• There are existing federal and state laws that prohibit discharges and other activities that would adversely affect salmon and human health.  State water quality standards specifically prohibit discharges and other activities that could cause adverse effects on aquatic life, including salmon.  The standards also protect water quality for drinking water use.

• In the event that new science suggests that water quality standards need to be changed to fully protect salmon, human health, or other uses, the standards must be modified so that they are fully protective.  State water quality standards must be reviewed at least every three years to ensure they stay current.

• By introducing new terminology, the Ballot Measure creates room for differing legal interpretations.  The Ballot Measure’s language is general and less precise than language used in current federal and state law.  For example, it uses but does not define terms such as “releases” or “discharges.”  In contrast, these terms are specifically defined within the existing body of water quality law.  The initiative’s terminology leaves room for differing interpretations that will likely have to be resolved by the courts.  The Alaska Supreme Court has ruled that the initiative’s use of the term “effect” should be interpreted as meaning “adversely affect.”

• Section 3 of Ballot Measure 4 describes the measure’s scope, and states:  “Section 2 of this Act does not apply to existing large scale metallic mineral mining operations that have received all required federal, state, and local permits, authorizations, licenses, and approvals on or before the effective date of this Act or to future operations of existing facilities at those sites.” The Ballot Measure exempts existing large-scale metallic mines that have all their permits. New facilities or development of new sites at existing mines may fall under the initiative.

• This Ballot Measure would apply to all new large-scale metallic mines (disturbing over 640 acres), not just the proposed Pebble mine.

Background
Current State Regulation of Large Mines
Ballot Measure #4 Effects on Mining Regulation