Bad River Band of the Lake Superior Tribe of Chippewa Indians (2011)

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Bad River Band of the Lake Superior Tribe of Chippewa Indians

Water Quality Standards

Adopted by Resolution No. 7-6-11-441 of the Bad River Band of Lake Superior Tribe of

Chippewa Indians.

Table of Contents

A. Background

B. Territory covered

C. Applicability, administration and amendment

D. Definitions

E. General considerations

1. Classification boundaries

2. Antidegradation policy

3. Antidegradation implementation

4. Antidegradation demonstration

5. Antidegradation decision

6. Narrative criteria

7. Specific numeric criteria

8. Analytical methods

F. Designated uses

G. Specific classifications

H. Numeric water quality criteria

I. Mixing zones

J. Severability

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A. Background.

1. The history of the Bad River Band, as well as our future survival and growth,

is inextricably intertwined with pure water. Anishinabe considers Nibi,

Water, as the most sacred living part of our Mother, the Earth. Without water,

there is no life. Water, is the life-blood of our Mother the Earth, and without

healthy blood, illness prevails. Water is a finite resource, with its health being

contingent on all sides of the environment that surrounds the water: above,

below, and all around. Water is a primary component in the migration story

of the Anishinabe people, and the migration story describes a search for a

place where food grows on the water; that food is wild rice. The waters

flowing throughout the entire Bad River Reservation provide a variety of

sacred resources, such as Manomin (wild rice), Name (lake sturgeon), Ogaa

(walleye), and other fish and game species, and serve as critical navigation

routes that we rely upon for cultural, subsistence, health and economic wellbeing. Although water quality standards are set within certain borders; water

knows no boundaries. It is a living, moving part of life that changes with its

surrounding environment, and as it changes it carries the burdens and illnesses

of past environments until it heals. Because the Tribe’s cultural and spiritual

identity, as well as the Tribe’s health and welfare depend upon maintaining

and advancing the pristine quality of Tribal waters, the promulgation and

enforcement of these Tribal water quality standards are essential to us. The

Tribe is promulgating these standards to protect our political integrity,

economic security, and health and welfare.

2. It is the purpose for these Tribal water quality standards to prescribe minimum

water quality requirements for the surface waters located within the exterior

boundaries of the Bad River Reservation to ensure compliance with section

303(c) of the Clean Water Act (CWA).

3. The Bad River Tribe (Tribe) has a primary interest in the protection, control,

conservation and utilization of the water resources of the Bad River

Reservation, as exemplified in the original Treaty and the Bad River

Constitution and ultimately recognized by the U.S. Environmental Protection

Agency (EPA) on June 26, 2009, when it affirmed the Tribe’s application for

program authority. The program authority granted by EPA is in addition to

the Tribe’s historic hunting, fishing, gathering, and usufrucutuary rights, and

is in addition to the Tribe’s treaty rights. Accordingly, these Tribal water

quality standards shall not be construed to abrogate independent Tribal rights

to sufficient quantities and quality of water to support the flora, fauna, and

cultural traditions of the Tribe.

4. It is the further purpose of these Tribal water quality standards to protect

public health and welfare, enhance the quality of water, and serve the

purposes of the CWA.

B. Territory covered. The provisions for these water quality standards shall apply to all

surface waters within the exterior boundaries of the Bad River Reservation. The

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Tribe notes that waters upstream of the Bad River Reservation can affect the waters

of the Bad River Reservation. It is the Tribe’s intent that these Tribal water quality

standards be applied to the fullest extent of the Tribe’s jurisdictional control and to

protect the waters of the Bad River Reservation from any impacts regardless of the

location of the source of those impacts.

C. Applicability, administration and amendment.

1. The water quality standards are applicable to the waters within the exterior

boundaries of the Bad River Reservation as described in the Tribe’s

application for water quality standards program authorization as approved by

EPA on June 26, 2009, and otherwise to the fullest extent of the Tribe’s

jurisdictional control.

2. These water quality standards shall provide the basis for all water management

decisions affecting water quality within the Reservation boundaries, including,

but not limited to, point-source permitting, non-point source controls and the

physical alterations of water bodies including wetlands.

3. The Water Resources Program may recommend variances from water quality

standards, on a case-by-case basis, that are consistent with the process

contained in the Final Water Quality Guidance for the Great Lakes System, 40

CFR 132, Appendix F, Procedure 2. These recommended variances, however,

are subject to final approval by the Bad River Tribal Council.

4. These water quality standards may be revised as the Tribe determines

necessary consistent with the following:

i. These water quality standards shall be reviewed every three years and

may be subject to amendment or modification at such time or as the

need arises. Any updates shall first be duly adopted by the Bad River

Tribal Council (and so certified by the Tribe’s Legal Counsel) and

submitted to the Regional Administrator for review and approval.

ii. Any potential modification of water quality standards shall be subject

to public participation, consistent with the requirements of 40 CFR

131.20(b) and 40 CFR 25.

5. All other applicable provisions of 40 CFR 131 and 132 shall apply to the

Tribe’s water quality standards.

6. The incorporation of mixing zones into the issuance of permits under CWA

Section 402 may be allowable on a case by case basis. Provision I describes

additional details of the Tribe’s mixing zone policy.

7. All numeric chronic criteria contained in these standards apply at all in-stream

flow rates greater than or equal to the flow rate calculated as the minimum

7-consecutive day average flow with a recurrence frequency of once in ten

years (7Q10). Narrative criteria apply regardless of flow. Numeric acute

criteria shall apply regardless of flow. The 7Q10 low flow shall be calculated

using methods recommended by the U.S. Geological Survey.

D. Definitions. Any term not defined here will have meaning consistent with the

definitions in 40 CFR 132.

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1. “Acute-chronic ratio (ACR)” is a standard measure of the acute toxicity of a

material divided by an appropriate measure of the chronic toxicity of the same

material under comparable conditions.

2. “Acute toxicity” is concurrent and delayed adverse effect(s) that results from

an acute exposure and occurs within any short observation period which

begins when the exposure begins, may extend beyond the exposure period,

and usually does not constitute a substantial portion of the life span of the

organism.

3. “Adverse effect” is any deleterious effect to organisms due to exposure to a

substance. This includes effects which are or may become debilitating,

harmful or toxic to the normal functions of an organism.

4. “Ambient conditions” is the measurable biological, chemical, and physical

characteristics of Tribal waters and associated dependent biotic communities.

5. “Background conditions” means the biological, chemical, and physical

conditions of a water body, including flow, that existed prior to a point or nonpoint source discharge(s) or would exist in the absence of such discharge(s)

6. “Bioaccumulative chemical of concern (BCC)” is any chemical that has the

potential to cause adverse effects which, upon entering the surface waters, by

itself or as its toxic transformation product, accumulates in aquatic organisms

by a human health bioaccumulation factor (BAF) greater than 1000, after

considering metabolism and other physicochemical properties that might

enhance or inhibit bioaccumulation, in accordance with the methodology in

appendix B of 40 CFR 132. Chemicals with half-lives of less than eight

weeks in the water column, sediment, and biota are not BCCs. The minimum

BAF information needed to define an organic chemical as a BCC is either a

field-measured BAF or a BAF derived using the Biota-Sediment

Accumulation Factor (BSAF) methodology. The minimum BAF information

needed to define an inorganic chemical, including an organometal, as a BCC

is either a field-measured BAF or a laboratory-measured Bioconcentration

Factor (BCF). BCCs include, but are not limited to, the pollutants identified

as BCCs in section A of Table 6 of 40 CFR 132.

7. “Carcinogen” is a substance which causes an increased incidence of benign or

malignant neoplasms, or substantially decreases the time to develop

neoplasms, in animals or humans. The classification of carcinogens is

discussed in section II.A of appendix C to 40 CFR 132.

8. “Ceremonial and Religious water use” is an activity involving traditional

Native American spiritual practices which may involve, among other things,

ingestion of water or primary (direct) contact with water.

9. A “change in background” shall mean a change which can be measured or

calculated with reasonable scientific certainty using accepted analytical

methods as outlined in these Tribal water quality standards.

10. “Chronic toxicity” is concurrent and delayed adverse effect(s) that occurs only

as a result of a chronic exposure.

11. “Council” or “Tribal Council” means the governing body of the Bad River

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Band of the Lake Superior Tribe of Chippewa Indians.

12. “Criterion continuous concentration (CCC)” is an estimate of the highest

concentration of a material in the water column to which an aquatic

community can be exposed indefinitely without resulting in an adverse effect.

13. “Criterion maximum concentration (CMC)” is an estimate of the highest

concentration of a material in the water column to which an aquatic

community can be exposed briefly without resulting in an adverse effect.

14. “Cultural water use” means activities involving traditional Ojibwe (Chippewa)

practices which includes ceremonies, harvesting, hunting and fishing, actual

or historical.

15. “Designated uses” are those uses specified in water quality standards for each

water body or segment whether or not they are being attained.

16. “Endangered or threatened species” are those species that are listed as

endangered or threatened under section 4 of the Endangered Species Act.

17. “EPA” or “Agency” is the United States Environmental Protection Agency.

18. “Exceptional Resource Water” (Anishinaabosibiing or “good watering place”)

is a classification for waters considered to be of high quality and culturally

important for the ecosystems they support. The purpose of this classification

is to implement the Tribe’s antidegradation policy. This classification is

roughly equivalent to EPA’s regulatory definition of a Tier 2 water under the

Agency’s antidegradation policy, though this classification may be more

protective than the Agency’s policy. Any surface water not specifically

classified as Outstanding Tribal Resource Water or Outstanding Resource

Water is classified as Exceptional Resource Water (Anishinaabosibiing).

19. “Existing uses” are those uses actually attained in the water body on or after

November 28, 1975, whether or not they are included in the water quality

standards.

20. “Human cancer criterion (HCC)” is a Human Cancer Value (HCV) for a

pollutant that meets the minimum data requirements for Tier I specified in

appendix C of 40 CFR 132.

21. “Human cancer value (HCV)” is the maximum ambient water concentration

of a substance at which a lifetime of exposure from either: drinking the water,

consuming fish from the water, and water-related recreation activities; or

consuming fish from the water, and water-related recreational activities, will

represent a plausible upper-bound risk of contracting cancer of one in 100,000

using the exposure assumptions specified in the Methodologies for the

Development of Human Health Criteria and Values in appendix C of 40 CFR

132.

22. “Human noncancer criterion (HNC)” is a Human Noncancer Value (HNV) for

a pollutant that meets the minimum data requirements for Tier I specified in

appendix C of 40 CFR 132.

23. “Human noncancer value (HNV)” is the maximum ambient water

concentration of a substance at which adverse noncancer effects are not likely

to occur in the human population from lifetime exposure via either: drinking

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the water, consuming fish from the water, and water-related recreation

activities; or consuming fish from the water, and water-related recreation

activities using the Methodologies for the Development of Human Health

Criteria and Values in appendix C of 40 CFR 132.

24. “Natural Background Conditions” are the expected conditions that exist in the

absence of any impact from point or non-point source pollutants attributable

to human activity or from physical alteration of wetlands attributable to

human activity.

25. “Natural Biological Community” means the characteristic/expected biological

community for a water body absent human-induced impacts to water bodies

including wetlands.

26. “Non-point Source” means any source of pollution or substance to water

quality that is not a point source.

27. “Outstanding Resource Water” (Chi minosibii or “large good river”) is a

classification for those waters so designated in the antidegradation policy that

are considered to be of high quality and culturally important for the fisheries

and ecosystems they support. This classification is more stringent than EPA’s

Tier 2 classification and could be described as a Tier 2.5 water under the

Agency’s antidegradation policy.

28. “Outstanding Tribal Resource Water” (Chi minosingbii or “best waters”) is a

classification for those waters so designated in the antidegradation policy that

are considered largely pristine and constitute a significantly important cultural

and ecological resource. These waters are important for the cultivation of

wild rice or the spawning of lake sturgeon, or have other special resource

values. This classification is roughly equivalent to EPA’s Tier 3 classification

under its antidegradation policy, though this classification may be more

protective than the Agency’s policy.

29. “Point Source” means any discernible, confined, and discrete conveyance,

including but not limited to any pipe, ditch, channel, tunnel, conduit, well,

discrete fissure, container, rolling stock, concentrated animal feeding

operation, landfill leachate collection system, vessel or other floating craft

from which pollutants are or may be discharged. This term does not include

agricultural stormwater discharges and return flows from irrigated agriculture.

30. “Pollution” means a man-made or man-induced alteration of the chemical,

physical, biological and radiological integrity of water.

31. “pH” is the negative logarithm of the effective hydrogen ion concentration in

gram equivalents per liter; a measure of the acidity or alkalinity of a solution,

increasing with increasing alkalinity and decreasing with increasing acidity.

32. “Primary contact recreation” is an activity where a person would have direct

contact with water to the point of complete submergence, including but not

limited to skin diving, swimming, and water skiing.

33. “Regional Administrator” is the Administrator of EPA's Region V.

34. “Reservation” is the Bad River Reservation, described in the Treaty of 1854

as follows: Beginning on the south shore of Lake Superior, a few miles west of

Montreal River, at the mouth of a creek called by the Indians Ke-Che-se-beJuly 6, 2011

we-she, running thence south to a line drawn east and west through the centre

of township forty-seven north, thence west to the west line of said township,

thence south to the southeast corner of the township forty-six north, range

thirty-two west, thence west the width of two townships, thence north the width

of two townships, thence west one mile, thence north to the lake shore, and

thence along the lake shore, crossing Shag-waw-me-quon Point, to the place

of beginning. Also two hundred acres on the northern extremity of Madeline

Island, for a fishing ground. Ke-Che-se-be-we-she is presently known as

Graveyard Creek and Shag-waw-me-quon is now commonly spelled

Chequamegon Point.

35. “Ricing” means the traditional harvest of wild rice for consumption and

cultural use.

36. “Secondary Contact Recreation” is an activity (such as wading or fishing)

where a person's water contact would be limited to the extent that bacterial

infections of eyes, ears, respiratory, or digestive systems or urogenital areas

would normally not occur.

37. “Surface Water” means all water above the surface of the ground within the

exterior boundaries of the Bad River Reservation including but not limited to

lakes, ponds, reservoirs, artificial impoundments, streams, rivers, springs,

seeps and wetlands.

38. “Temperature” means water temperature expressed in Centigrade degrees

(oC).

39. “Toxicity” or “toxic” is the potential of a material, or a combination of that

material and any other substance, to adversely affect organisms.

40. “Tribe” means the Bad River Band of the Lake Superior Tribe of Chippewa

Indians.

41. “Turbidity” is the clarity of water expressed as nephelometric turbidity units

(NTU) and measured with a calibrated turbidimeter.

42. “Water Resources Program” includes staff members comprising the Water

Resources Program of the Tribe’s Natural Resources Department.

43. “Wetland” means an area that is inundated or saturated at or near the surface

caused by surface water or groundwater at a frequency and duration sufficient

to support, and that under normal circumstances does support, a prevalence of

vegetation typically adapted for life in aquatic or saturated soil conditions,

commonly known as hydrophytic vegetation.

44. “Wildlife Habitat” means the waters and surrounding land areas of the

Reservation used by fish, other aquatic life and other wildlife at any stage of

their life history or activity.

E. General considerations. The following general guidelines shall apply to the water

quality standards and classifications set forth in the use designation sections.

1. Classification boundaries. At the boundary between waters of different

classifications, the water quality standards for the most sensitive classification

shall prevail.

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2. Antidegradation Policy. This antidegradation policy shall be applicable to all

surface waters of the Reservation. The extent of the Tribe’s dependence upon

and interdependence with its natural resources, and especially its water

resources, is unique. The water resources of the Tribe are integral to its

members’ health, welfare and economic security, as well as the economic and

political integrity of the Tribe itself. The Tribe has depended on the ability of

the natural resources, particularly the water resources, to provide cultural

preservation and resources for consumption, subsistence, sustainable

economic development. This Antidegradation Policy provides for the

maintenance and protection of water quality to ensure that all designated and

existing uses are met and maintained.

i. For the purposes of implementing the provisions of this subsection,

any surface waters not specifically classified as Outstanding Tribal

Resource Waters (Chi minosingbii) or Outstanding Resource Waters

(Chi minosibii) are classified as Exceptional Resource Waters

(Anishinaabosibiing) and are roughly equivalent to EPA’s regulatory

definition of Tier 2 waters under the Agency’s antidegradation policy.

Exceptional Resource Waters are of high quality and culturally

important for the ecosystems they support. Existing in-stream water

uses and the level of water quality fully protective of the existing uses

shall be maintained and protected, or improved in the case of a

degraded stream. Where designated uses of the water body are

impaired, there shall be no lowering of the water quality with respect

to the pollutant or pollutants that are causing the impairment. Where

the quality of the water exceeds that necessary to support the

designated use, that quality shall be maintained and protected, or

improved, unless the Tribe finds, after full satisfaction of intergovernmental coordination and public participation provisions of the

Tribe’s continuing planning process that allowing lower water quality

is necessary to accommodate important economic or social

development in the area in which the waters are located. In allowing

such degradation or lower water quality, the Tribe shall assure water

quality adequate to protect existing uses fully.

ii. Surface waters of the Reservation that are identified as high quality

and culturally important to the Tribe for the fisheries and ecosystems

they support are Outstanding Resource Waters (Chi minosibii) and

could be described as roughly equivalent to EPA’s regulatory

definition of Tier 2.5 waters under the Agency’s antidegradation

policy. New or increased discharges may be permitted provided that

the new or increased discharge does not result in a change in

background conditions or negatively impact designated uses or

existing uses; however, no new or increased discharges of BCCs will

be permitted. Where the quality of the water exceeds that necessary to

support the designated use, that quality shall be maintained and

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protected, or improved, unless the Tribe finds, after full satisfaction of

inter-governmental coordination and public participation provisions of

the Tribe’s continuing planning process that allowing lower water

quality is necessary to accommodate important economic or social

development in the area in which the waters are located. In allowing

such degradation or lower water quality, the Tribe shall assure water

quality adequate to protect existing uses fully. Waters designated as

Outstanding Resource Waters (Chi minosibii) include: a portion of

Bad River, from downstream the confluence with the White River to

Lake Superior, White River, Marengo River, Graveyard Creek, Bear

Trap Creek, Wood Creek, Brunsweiler River, Tyler Forks, Bell Creek,

and Vaughn Creek.

iii. Surface waters of the Reservation that are identified as high quality

and constitute a significantly important cultural and ecological

resource are designated as Outstanding Tribal Resource Waters (Chi

minosingbii) and are roughly equivalent to EPA’s regulatory definition

of Tier 3 waters under the Agency’s antidegradation policy. These

waters are recognized as being largely pristine and important for the

cultivation of wild rice or the spawning of lake sturgeon, or have other

special resource values, and, therefore, that water quality shall be

maintained and protected in all cases without degradation. New or

increased discharges will not be permitted. Waters designated as

Outstanding Tribal Resource Waters (Chi minosingbii) include:

Kakagon Slough and the lower wetland reaches of its tributaries that

support wild rice, Kakagon River, Bad River Slough, Honest John

Lake, Bog Lake, a portion of Bad River, from where it enters the

Reservation through the confluence with the White River, and Potato

River.

iv. In those cases where the potential water quality impairment is

associated with a thermal discharge is involved, this antidegradation

policy and implementing method shall be consistent with these Tribal

water quality standards and with section 316 of the Clean Water Act.

v. Modifications of a water body’s antidegradation classification will be

adopted in a manner consistent with the procedural requirements of

C.4.ii.

3. Antidegradation Implementation.

i. Lowering of Water Quality: A lowering of water quality is defined as:

the projected or observed diminished chemical, biological, or physical

integrity of Reservation surface waters, including changes to water

flow or water level; or, new or increased loading of any pollutant from

any regulated existing or new facility, either point source or nonpoint

source, for which there is a control document or reviewable action, as

a result of any activity including, but not limited to:

a. Construction of a new regulated facility or modification of an

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existing regulated facility such that a new or modified control

document is required;

b. Modification of an existing regulated facility operating under a

current control document such that the production capacity of

the facility is increased;

c. Addition of a new source of untreated or pretreated effluent to

an existing wastewater treatment works, whether public or

private;

d. A request for an increased limit in an applicable control

document; or

e. Other deliberate activities that, based on the information

available, could be reasonably expected to result in an

increased loading of any pollutant to any waters of the Bad

River Reservation.

ii. Outstanding Tribal Resource Waters: No new or increased discharges

or alterations of the background conditions are allowed to Outstanding

Tribal Resource Waters; however, a short-term, temporary (no more

than 6 months, and no more than necessary) lowering of water quality

may be allowed provided that an entity seeking to engage in such

discharge demonstrate that such discharge will arise entirely from one

of the following and meets the Outstanding Tribal Resource Waters

Antidegradation Demonstration and Outstanding Tribal Resource

Waters Antidegradation Decision requirements below:

a. Maintenance/repair of existing roads, bridges, boat landings,

culverts, septic systems, or other similar structures;

construction of buildings, wells, roads, or other similar

structures.

b. Response actions undertaken to alleviate a release into the

environment of hazardous substances, pollutants, or

contaminants which may pose an imminent and substantial

danger to public health or welfare.

c. Actions undertaken to restore culturally important species and

their habitats.

4. Antidegradation Demonstration.

i. An antidegradation demonstration must be submitted to the Water

Resources Program by all of the following entities:

a. Any entity seeking to lower water quality in a high quality

water, which includes an Exceptional Resource Water or an

Outstanding Resource Water;

b. Any entity seeking to create a new or increased discharge of

Lake Superior bioaccumulative substances of immediate

concern in an Exceptional Resource Water;

c. Any entity seeking to lower water quality in an Outstanding

Tribal Resource Water on a short-term, temporary basis.

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ii. The antidegradation demonstration for Exceptional Resource Waters

shall include the following:

a. Pollution Prevention Alternatives Analysis. Identify any

pollution prevention alternatives and techniques that are

available to the entity that would eliminate or significantly

reduce the extent to which the increased loading results in a

lowering of water quality.

b. Alternative or Enhanced Treatment Analysis. Identify

alternative or enhanced treatment techniques that are available

to the entity that would eliminate or substantially reduce the

lowering of water quality and their costs relative to the cost of

treatment necessary to achieve applicable effluent limitations.

c. Social or Economic Development Analysis. Identify the social

or economic development and the benefits to the area in which

the waters are located that will be diminished if the lowering of

water quality is not allowed.

d. Water Quality Assessment. Demonstrate that the resulting

water quality will be protective of existing uses.

e. Special Provision for Remedial Actions. Entities proposing

remedial actions pursuant to the CERCLA, as amended,

corrective actions pursuant to the Resource Conservation and

Recovery Act, as amended, or similar actions pursuant to other

Federal or State environmental statutes may submit

information to the Water Resources Program that demonstrates

that the action utilizes the most cost effective pollution

prevention and treatment techniques available, and minimizes

the lowering of water quality, in lieu of the information

required in sections a. through e. above.

iii. The antidegradation demonstration for Outstanding Resource Waters

shall include the following:

a. Pollution Prevention Alternatives Analysis. Identify any

pollution prevention alternatives and techniques that are

available to the entity that would eliminate or reduce the extent

to which the increased loading results in a lowering of water

quality. Must identify that no increased loads of BCCs shall be

discharged. Demonstrate that there will be achieved the

highest statutory and regulatory requirements for new and

existing pollution sources.

b. Alternative or Enhanced Treatment Analysis. Identify

alternative or enhanced treatment techniques that are available

to the entity that would eliminate or substantially reduce the

lowering of water quality and their costs relative to the cost of

treatment necessary to achieve applicable effluent limitations.

c. Social or Economic Development Analysis. Identify the social

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or economic development and the benefits to the area in which

the waters are located that will be foregone if the lowering of

water quality is not allowed.

d. Water Quality Assessment. Demonstrate that the resulting

water quality will be protective of existing uses and that

discharges will not exceed water quality criteria.

e. Special Provision for Remedial Actions. Entities proposing

remedial actions pursuant to the CERCLA, as amended,

corrective actions pursuant to the Resource Conservation and

Recovery Act, as amended, or similar actions pursuant to other

Federal or State environmental statutes may submit

information to the Water Resources Program that demonstrates

that the action utilizes the most cost effective pollution

prevention and treatment techniques available, and minimizes

the lowering of water quality, in lieu of the information

required in sections a. through d. above.

iv. The antidegradation demonstration for Outstanding Tribal Resource

Waters shall include the following:

a. Identification of Applicable Category. Demonstrate the

discharge will arise entirely from one of the categories listed in

(E)(3)(ii).

b. Short Term, Temporary Assessment. Demonstrate the

discharge will not lower the water quality beyond the short

term, temporary criteria (no more than 6 months, and no more

than necessary).

c. Showing of Necessity. Identify the project need and

demonstrate increased loading is a necessity.

d. Pollution Prevention Alternatives Analysis. Identify any

pollution prevention alternatives and techniques that are

available to the entity that would eliminate or reduce the extent

to which the increased loading results in a lowering of water

quality. Must identify that no increased loads of BCCs shall be

discharged. Demonstrate that there will be achieved the

highest statutory and regulatory requirements for new and

existing pollution sources.

e. Alternative or Enhanced Treatment Analysis. Identify

alternative or enhanced treatment techniques that are available

to the entity that would eliminate or substantially reduce the

lowering of water quality and their costs relative to the cost of

treatment necessary to achieve applicable effluent limitations.

v. Antidegradation demonstration materials must be submitted to the

following address: Water Resources Specialist, Bad River Tribe’s

Natural Resources Department, P.O. Box 39, Odanah, WI 54861.

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5. Antidegradation Decision.

i. Exceptional Resource Waters (Anishinaabosibiing) or Outstanding

Resource Waters (Chi minosibii). Once the Water Resources Program

determines that the information provided by the entity proposing to

increase loadings is administratively complete, the Water Resource

Program shall use that information to determine whether the lowering

of water quality is necessary, and, if necessary, whether the lowering

of water quality will support important social and economic

development in the area. If the proposed lowering of water quality is

either not necessary or will not support important social and/or

economic development goals, the Water Resources Program shall

recommend to deny the request to lower water quality. The Tribal

Council shall review the recommendation and decide whether to deny

the request. If the lowering of water quality is necessary, and will

support important social and economic development goals, the Water

Resources Program shall recommend to approve all or part of the

proposed lowering of water quality to occur as necessary. The Tribal

Council shall review the recommendation and decide whether to

approve all or part of the proposed lowering of water quality. In no

event may the decision reached under this section allow water quality

to be lowered below the minimum level required to fully support

existing and designated uses. The decision shall be subject to the

public participation requirements of 40 CFR 25.

ii. Outstanding Tribal Resource Waters (Chi minosingbii). An automatic

denial will be issued for any request to create any new or increased

discharges or alterations of the background conditions to Outstanding

Tribal Resource Waters, or where the request proposes to lower water

quality in a manner that is not short-term or temporary (no more than 6

months), or where that lowering of water quality would continue for

longer than necessary, or where that lowering of water quality would

not arise entirely from the circumstances outlined in the

Antidegradation Implementation requirements above. If the short

term, temporary lowering of water quality is necessary, the Water

Resources Program shall recommend to approve all or part of the

proposed short term, temporary lowering of water quality to occur as

necessary. The Tribal Council shall review the recommendation and

decide whether to approve all or part of the proposed short term,

temporary lowering of water quality. In no event may the decision

reached under this section allow water quality to be lowered below the

minimum level required to fully support existing and designated uses.

The decision shall be subject to the public participation requirements

of 40 CFR 25.

6. Narrative Criteria. In addition to the other requirements of these Tribal water

quality standards, the below Narrative Criteria apply to all waters of the Bad

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River Reservation. Failure to meet the below criteria constitutes an

enforceable violations of these Tribal water quality standards, and no

discharge that has the potential to create or support a violation of these

Narrative Criteria shall be approved.

i. Narrative criteria for aesthetic water quality. All waters (including

wetlands) within the Reservation shall be free from substances,

attributable to wastewater discharges or pollutant sources resulting

from other than natural background conditions, that:

a. Settle to form objectionable deposits;

b. Float as debris, scum, oil, or other matter forming nuisances;

c. Produce objectionable color, odor, taste, or turbidity;

d. Cause injury to, are toxic to, or produce adverse physiological

responses in humans, animals, or plants;

e. Produce undesirable or nuisance aquatic life;

f. Produce nutrients or other substances that stimulate algal

growth producing objectionable algal densities, nuisance

aquatic vegetation, dominance of any nuisance species

instream, or cause nuisance conditions in any other fashion; or

g. Adversely affect the natural biological community of the

waterbody.

ii. General narrative criteria. These criteria apply to all waters of the

Reservation (including wetlands) except as otherwise noted.

a. Pollutants shall not be present in concentrations that cause or

may contribute to an adverse effect to human, plant, animal or

aquatic life, or in quantities that may interfere with the normal

propagation, growth and survival of indigenous aquatic biota.

For toxic substances lacking published criteria, minimum

criteria or values shall be calculated by the Tribe or U.S. EPA

consistent with procedures specified at 40 CFR 132

Appendices A, B, C and D.

b. Levels of radioactivity shall not exceed levels expected in

Tribal waters under natural background conditions.

c. Water quantity and quality that may limit the growth and

propagation of, or otherwise cause or contribute to an adverse

effect to wild rice, wildlife, and other flora and fauna of

cultural importance to the Tribe shall be prohibited. This

includes, but is not limited to, a requirement that sulfate levels

shall not exceed concentrations causing or contributing to any

adverse effects in waters, including those with a Wild Rice

designated use.

d. Natural hydrological conditions supportive of the natural

biological community, including all flora and fauna, and

physical characteristics naturally present in the waterbody shall

be protected to prevent any adverse effects.

July 6, 2011

e. Pollutants or human-induced changes to waters, the sediments

of waters, or area hydrology that results in changes to the

natural biological communities and wildlife habitat shall be

prohibited. The migration of fish and other aquatic biota

normally present shall not be hindered. Natural daily and

seasonal fluctuations of flow (including naturally occurring

seiche), level, stage, dissolved oxygen, pH, and temperature

shall be maintained.

f. Existing mineral quality shall not be altered by municipal,

industrial and in-stream activities or other waste discharges so

as to in any way impair the designated uses for a water body.

g. Temperature – No measurable change (increase or decrease) in

temperature from other than natural causes shall be allowed

that causes or contributes to an adverse effect to the natural

biological community. For those waters designated as a Cold

Water Fishery, there shall be no measurable increase in

temperature from other than natural causes.

h. The presence of pollutants in quantities that result in

bioaccumulation in aquatic organisms that may cause or

contribute to an adverse effect to consumers of aquatic

organisms shall be prohibited.

7. Specific numeric criteria. In addition to the other requirements of these Tribal

water quality standards, the below Numeric Criteria apply to all waters of the

Bad River Reservation. Failure to meet the below criteria constitutes an

enforceable violations of these Tribal water quality standards, and no

discharge that has the potential to create or support a violation of these

Numeric Criteria shall be approved. These criteria apply to all waters

(including wetlands), except as otherwise noted:

i. Dissolved oxygen – Unless otherwise demonstrated through a use

attainability analysis or site-specific criterion that aquatic life cannot

be supported, a water body capable of supporting aquatic life shall

have a daily minimum dissolved oxygen standard of 5 mg/L in all

cases except waters designated as a Cold Water Fishery. For those

waters designated as a Cold Water Fishery, the dissolved oxygen shall

have a daily minimum of 6 mg/L at any time and 8 mg/L when and

where early life stages of cold water fish occur. These criteria will not

apply to the Kakagon Sloughs, Bad River Sloughs, and wetlands due

to their natural conditions.

ii. pH – No change is permitted greater than 0.5 units over a period of 24

hours for other than natural causes. The change, upward or downward,

shall not result in an adverse affect on aquatic biota, fish or wildlife.

iii. Turbidity – Shall not exceed 5 NTU over natural background turbidity

when the background turbidity is 50 NTU or less, or turbidity shall not

increase more than 10 percent when the background turbidity is more

July 6, 2011

than 50 NTU.

iv. Bacteriological Water Quality Criteria - The geometric mean of not

less than 5 samples equally spaced over a 30-day period shall not

exceed an E. coli count of 126 Colony Forming Units (CFU) per 100

milliliters (mL) for fresh waters. Any single sample shall not exceed

an E. coli count of 235 CFU per 100 mL.

v. Modification of Criteria - The Tribe may revise criteria on a sitespecific basis as necessary to reflect new scientific data or conditions

specific to a given site or water body. Such modifications to water

quality criteria shall assure that all designated and existing uses are

protected. Revisions of site-specific criteria shall be consistent with

those procedures found in EPA’s “Water Quality Standards Handbook:

Second Edition (EPA-823-B-94-005; August 1994 with some new

information [June 2007] at Chapter 3), and 40 CFR 132, “Water

Quality Guidance for the Great Lakes System.” All modified criteria

must be submitted to the Regional Administrator for approval. The

Tribe shall adopt more stringent site-specific criteria where necessary

to protect federal-listed threatened or endangered species consistent

with 40 CFR 132 Appendix F, procedure 1. The Tribe may adopt

more stringent site-specific criteria where necessary to protect statelisted threatened or endangered species consistent with 40 CFR 132

Appendix F, procedure 1. Such revisions shall be adopted using the

procedure specified in 40 CFR 132 section 4. Modification of criteria

will be adopted in a manner consistent with the procedural

requirements of C.4.ii.

8. Analytical methods. The analytical testing methods used to measure or

otherwise evaluate compliance with water quality standards shall to the extent

practicable, be in accordance with the most recent editions of the following:

i. “Guidelines Establishing Test Procedures for the Analysis of

Pollutants” (40 CFR 136);

ii. “Standard Methods for the Examination of Water and Wastewater”

(published by the American Public Health Association, American

Water Works Association, and the Water Pollution Control

Federation);

iii. Other or superseding methods published and/or approved by EPA.

F. Designated uses. The Tribe does not designate a public water supply use because the

surface waters of the Reservation are currently not utilized as a drinking water supply.

Where there are several designated uses for a waterbody, the applicable standard

applied will be the criterion necessary to protect the most sensitive use. At the

boundary between surface waters of different designated uses, the water quality

criteria necessary to protect the more sensitive use or uses shall apply. The following

designated uses shall apply to the various classes of surface waters within the exterior

boundaries of the Bad River Reservation:

July 6, 2011

1. Cultural (C1). Water-based activities essential to maintaining the Tribe’s

cultural heritage, including but not limited to ceremony, subsistence fishing,

hunting and harvesting. This use includes primary and secondary contact and

ingestion.

2. Wild Rice (W1). Supports or has the potential to support wild rice habitat for

sustainable growth and safe consumption.

3. Wildlife (W2). Supports the proper habitat for propagation of wildlife, which

will allow the safe ingestion of any wildlife resources that provide a dietary

food source for Tribal subsistence.

4. Aquatic Life and Fish (A). Supports conditions for a balanced aquatic

community.

5. Cold Water Fishery (F1). Supports or has the potential to support the

existence of cold water fishery communities and/or spawning areas. No

thermal discharge to such waters will be allowed.

6. Cool Water Fishery (F2). Supports or has the potential to support the

existence of cool water fishery communities and/or spawning areas for at least

a portion of the year.

7. Recreational (R). Supports primary contact recreation and secondary contact

recreation. This includes Tribal activities including water contact such as

boating, hunting, fishing and harvesting. This use includes primary and

secondary contact and ingestion.

8. Commercial (C2). Supports the use of water in propagation of fish fry for the

Tribal Hatchery and/or irrigation of community agricultural projects.

9. Navigation (N). The water quality is adequate for navigation in and on the

water.

10. Wetland (W3). An area that will be protected and maintained for at least some

of the following uses: maintaining biological diversity, preserving wildlife

habitat, providing recreational activities, erosion control, groundwater

recharge, low flow augmentation, storm water retention, prevention of stream

sedimentation, and the propagation of wild rice.

G. Specific Classifications. Specific classifications for surface waters of the Bad River

Reservation are in Table 1:

July 6, 2011

TABLE 1: Specific designated uses of the Tribe’s water resources.

WATER BODY

DESIGNATED USES APPLIED TO WATER BODIES

Kakagon Slough

Sand Cut Slough

Bad River Slough

Honest John Lake

Wood Creek Slough

Bad River

Kakagon River

Brunsweiler River

White River

Marengo River

Potato River

Wood Creek

Bear Trap Creek

Graveyard Creek

Bell Creek

Morrison Creek

Newago Creek

Denomie Creek

West Branch Denomie

Creek

Rins Creek

Silver Creek

Thornapple Creek

July 6, 2011

WATER BODY

Meadow Creek

Elm Creek

Vaughn Creek

Upper Vaughn Creek

Winks Creek

Cameron Creek

Sugarbush Creek

Billy Creek (T46N, R3W,

Section 32)

Billy Creek (T46N, R3W,

Section 35

Trout Brook

Tyler Forks

Hanson Swamp

Sugarbush Pond

Alex Pond

Wolf Pond

Pictured Rock Lake

Sugarbush Lake

Lost Lake

Moonshine Lake

Bog Lake

*The designated uses entitled Commercial (C2) and Navigation (N) apply to all waters. The designated use

entitled Wetland (W3) applies to all wetlands. Waters not listed above will have the following designated

uses: Cultural (C1), Wildlife (W2), Aquatic Life and Fish (A), and Recreational (R).

July 6, 2011

H. Numeric water quality criteria. Because of the Tribe’s cultural, spiritual, economic,

and thus political dependence and interdependence with the waters of the Bad River

Reservation, the highest protection of these Tribal waters is essential to the protection

of the health and safety of Tribal members, and for the survival and growth of the

Tribe. Except where more protective criteria are specified in these Tribal water

quality standards, the Bad River Tribe adopts by reference all of the numeric criteria

and methodologies from the Great Lakes Guidance, 40 CFR 132.6, and Great Lakes

Guidance shall be used to calculate all criteria. If these criteria are deemed not

appropriate, Clean Water Act 304(a) criteria may be used. For all other pollutants

where the Great Lakes Guidance methodology is not applicable, or where more

stringent criteria is determined to be necessary for protection of Tribal surface waters,

the applicable criteria will be the more protective value of either the provisions of

these Tribal water quality standards or the most recent U.S. EPA published criteria

recommendations as required by the Clean Water Act 304(a) or criteria developed

applying methodologies and procedures acceptable under 40 CFR 131. Modification

of criteria specified in the following tables will be adopted in a manner consistent

with the procedural process described in Section C.4.

1. The acute water quality criteria for the protection of aquatic life in ambient

water in Tables 2 and 3 shall apply to all waters with an Aquatic Life and Fish

(A) designated use.

TABLE 2: Acute Aquatic Life Criteria that are not water characteristic dependent.

Acute numeric criteria for the protection of aquatic life

Parameter

CMC (µg/L)

Conversion Factor (CF)

Arsenic (III)

339.8a,b

a,b

Chromium (VI)

16.02

0.982

Cyanide

n/a

Dieldrin

0.24

n/a

Endrin

0.086d

n/a

Lindane

0.95

n/a

a,b

0.85

Mercury (II)

1.694

Parathion

0.065

n/a

Selenium*

19.34a,b

0.922

CMC=CMCtr

CMC d =(CMCtr)CF The CMC d shall be rounded to two significant digits.

CMC should be considered free cyanide as CN.

CMC=CMCt

NOTES:

The term n/a means not applicable.

CMC is Criterion Maximum Concentration

CMCtr is the CMC expressed as a total recoverable.

CMCd is the CMC expressed as a dissolved concentration.

July 6, 2011

CMCt is the CMC expressed as a total concentration.

* EPA is re-evaluating the national selenium criteria and the proposed criterion is subject to revision before

final adoption of this water quality standards document.

TABLE 3: Acute Aquatic Life Criteria that are water characteristic dependent.

Acute aquatic life criteria that are hardness or pH dependent

Parameter

Cadmiuma,b

Chromium (III)a,b

Coppera,b

Nickela,b

Pentachlorophenolc

Zinca,b

1.1280

0.8190

0.9422

0.8460

1.0050

0.8473

-3.6867

3.7256

-1.7000

2.2550

-4.8690

0.8840

0.8500

0.3160

0.9600

0.9980

n/a

0.9780

CMCtr= exp {mA[ln(hardness)]+bA}

CMCd=(CMCtr)CF. The CMCd shall be rounded to two significant digits.

CMCt= exp mA{[pH]+bA} The CMCt shall be rounded to two significant digits.

NOTES:

The term “exp” represents the base e exponential function.

The term “n/a” means not applicable.

CMC is Criterion Maximum Concentration.

CMCtr is the CMC expressed as total recoverable.

CMCd is the CMC expressed as a dissolved concentration.

CMCt is the CMC expressed as a total concentration.

2. The chronic water quality criteria for protection of aquatic life in ambient

water in Tables 4 and 5 shall apply to all waters with an Aquatic Life and Fish

(A) designated use.

July 6, 2011

TABLE 4: Chronic Aquatic Life Criteria that are not water characteristic dependent.

Chronic Water Criteria for Protection of Aquatic Life in Ambient Water

Parameter

CCC (µg/L)

a,b

Arsenic (III)

147.9

1.0000

a,b

Chromium (VI)

10.98

0.9620

Cyanide

5.2c

n/a

Dieldrin

0.056

n/a

Endrin

0.036

n/a

a,b

Mercury (II)

0.9081

0.8500

Parathion

0.013d

n/a

a,b

Selenium*

0.9220

CCC=CCCtr

CCCd=(CCC)trCF. CCCd shall be rounded to two significant digits.

CCC should be considered free cyanide as CN.

CCC=CCCt

NOTES:

The term “n/a” means not applicable.

CCC is Criterion Continuous Concentration.

CCCtr is the CCC expressed as total recoverable.

CCCd is the CCC expressed as a dissolved concentration.

CCCt is the CCC expressed as a total concentration

* EPA is re-evaluating the national selenium criteria and the proposed criterion is subject to revision before

final adoption of this water quality standards document.

TABLE 5: Chronic Aquatic Life Criteria that are water characteristic dependent.

Chronic aquatic life criteria that are hardness or pH dependent

Parameter

Cadmiuma,b

Chromium (III)a,b

Coppera,b

Nickela,b

Zinca,b

Pentachlorophenolc

0.7852

0.8190

0.8545

0.8460

0.8473

1.0050

-2.7150

0.6848

-1.7020

0.0584

0.8840

-5.1340

0.8500

0.8600

0.9600

0.9970

0.9860

n/a

CCCtr=exp{mc[ln (hardness)]+bc}.

CCCd=(CCCtr)CF. The CCCd shall be rounded to two significant digits.

CMCt=exp{mA[pH]+bA}. The CMCt shall be rounded to two significant digits.

July 6, 2011

NOTES:

The term “exp” represents the base e exponential function.

The term “n/a” means not applicable.

CCC is Criterion Continuous Concentration

CCCtr is the CCC expressed as total recoverable.

CCCd is the CCC expressed as a dissolved concentration.

CCCt is the CCC expressed as a total concentration.

3. The Great Lakes water quality initiative methodologies for development of

aquatic life criteria and values in Appendix A of 40 CFR 132 apply to all

waters.

4. The human health cancer criteria for nondrinking water (HCV-nondrinking),

and human health noncancer criteria for nondrinking water (HNVnondrinking) from Tables 6 and 7 shall apply to all waters without a Cultural

(C1) and/or Recreational (R) designated use. The criteria in Tables 6 and 7

are based on EPA’s recommended subsistence fish consumption rate of 142.4

g/day.

TABLE 6: Human Health Criteria, cancer values (µg/L)

HCV - Drinking

HCV - Nondrinking

Benzene

9.1E+00

3.7E+01

Chlordane

9.7E-05

DDT

1.5E-05

Dieldrin

6.8E-07

Hexachlorobenzene

4.8E-05

Hexachloroethane

6.9E-01

7.1E-01

Methylene chloride

4.3E+01

3.7E+02

PCBs (class)

2.7E-06

2,3,7,8-TCDD

9.1E-10

Toxaphene

7.1E-06

Trichloroethylene

1.8E+01

4.1E+01

July 6, 2011

TABLE 7: Human Health Criteria, noncancer values (µg/L)

HNV - Drinking

HNV - Nondrinking

Benzene

1.50E+01

6.08E+01

Chlordane

1.49E-04

Chlorobenzene

5.33E+01

8.73E+01

Cyanides

1.41E+02

1.98E+03

DDT

2.10E-04

Dieldrin

4.36E-05

2,4-Dimethylphenol

3.19E+02

9.95E+02

2,4-Dinitrophenol

4.90E+01

3.80E+02

Hexachlorobenzene

4.88E-03

Hexachloroethane

7.75E-01

7.97E-01

Lindane

5.23E-02

5.26E-02

Mercury

1.94E-04

Methylene chloride

1.46E+03

1.26E+04

2,3,7,8-TCDD

7.10E-09

Toluene

7.41E+02

1.40E+03

5. Since the Tribe does not have a public surface water supply use, but Tribal

members may ingest untreated surface waters during tribal ceremonies, the

human cancer criteria for drinking water (HCV-drinking), and human

noncancer criteria for drinking water (HNV-drinking) from table 6 and 7 shall

apply to the all waters with a Cultural (C1) and/or Recreational (R) designated

use(s).

6. The Great Lakes water quality initiative methodologies for development of

human health nondrinking water criteria and values in Appendix B and C of

40 CFR 132 apply to all waters.

7. The Great Lakes water quality initiative methodologies for development of

human health drinking water criteria and values in Appendix B and C of 40

CFR 132 shall apply to all waters with a Cultural (C1) and/or Recreational (R)

designated use(s).

8. The criteria for the protection of wildlife in Table 8 shall apply to all waters

with a Wildlife (W2) designated use.

TABLE 8: Criteria for the protection of wildlife

Parameter

DDT and metabolites

Mercurya

PCBs (class)

2,3,7,8,-TCDD

Criteria (µg/L)

0.000011

0.0013

0.00012

3.1E-09

The mercury criterion includes methylmercury.

July 6, 2011

9. The Great Lakes water quality initiative methodologies for development of

wildlife criteria and values in Appendix B and D of 40 CFR 132 apply to all

waters.

10. Since 1999, when EPA published the last update to the national Ammonia

criteria, additional science has emerged on species sensitivity to ammonia that

has necessitated revision of the 1999 equations. The revised equations

identified in the 2009 final draft EPA criteria for ammonia, published in the

Federal Register (74 FR 69086, 12/30/09) are now in their ultimate final

stages of development and approval. When the final criteria are published in

the Federal Register, they will immediately take effect in the WQS and shall

apply to all waters with an Aquatic Life and Fish (A) designated use. The

acute and chronic criteria concentrations are expressed as functions of

temperature and pH, such that values differ across sites, and differ over time

within a site. Below are the proposed criteria (2009):

i. The one-hour average concentration of total ammonia nitrogen (in mg

N/L) does not exceed, more than once every three years on the

average, the CMC calculated using the following equations:

a. Where freshwater mussels are present:

b. Or where freshwater mussels are absent:

ii. The thirty-day average concentration of total ammonia nitrogen (in mg

N/L) does not exceed, more than once every three years on the

average, the CCC calculated using the following equations:

a. Where freshwater mussels are present and fish early life stages

are present or absent:

b. Or where freshwater mussels are absent and fish early life

stages are absent:

July 6, 2011

iii. The thirty-day average concentration of total ammonia nitrogen (in mg

N/L) does not exceed, more than once every three years on the

average, the CCC calculated using the following equation:

a. When freshwater mussels are absent and fish early life stages

are present:

iv. In addition, the highest four-day average within the 30-day period

should not exceed 2.5 times the CCC.

I. Mixing Zones. The incorporation of mixing zones into the issuance of permits under

CWA Section 402 may be allowable as determined on a case by case basis. Mixing

zones may be authorized on a case by case basis if demonstrated that a mixing zone is

necessary and will not result in objectionable or damaging conditions. A mixing zone

may be determined necessary where, after implementing all cost effective and

feasible pollution controls and best management practices, it is still not possible to

comply with the applicable numeric criteria without allowing for a limited area of

dilution of the discharge in the receiving water.

1. A mixing zone shall not be authorized for:

i. Discharges in Outstanding Tribal Resource Waters;

ii. Thermal discharges in waters with a Cold Water Fishery designated

use;

iii. Discharges containing BCCs;

iv. Discharges threatening endangered or threatened species and their

habitats;

v. Discharges threatening critical resource areas.

2. The following provisions must be met for an authorized mixing zone:

i. The size of a mixing zone shall be limited to as small an area as

practicable.

ii. The size of a mixing zone shall conform to the time exposure

responses of aquatic life.

iii. Mixing zones for two or more sources shall not overlap.

iv. A mixing zone shall ensure a zone of passage for mobile aquatic life is

maintained.

v. A mixing zone shall ensure spawning, nursery areas, and migratory

routes are protected.

vi. A mixing zone shall be free of the following in-zone conditions:

a. Materials in concentrations that will cause acutely toxic

conditions to aquatic life;

July 6, 2011

vii.

viii.

ix.

b. Materials in concentrations that settle to form objectionable

deposits;

c. Floating debris, oil, scum, and other materials in concentrations

that form nuisances;

d. Substances in concentrations that produce objectionable color,

odor, taste, or turbidity; and

e. Substances in concentrations that produce undesirable aquatic

life or result in a dominance of nuisance species.

A mixing zone shall not interfere with the designated uses and existing

uses of the receiving water or downstream surface waters.

A mixing zone shall not result in significant human health risks.

Water quality standards shall be met at every point outside of a mixing

zone.

The methodology for determining the characteristics of a mixing zone

shall be consistent with provision C.7. and with the procedures and

guidelines in EPA’s Water Quality Standards Handbook and the

Technical Support Document for Water Quality Based Toxics Control

and subsequent updates of the handbook and technical support

documents.

J. Severability. If any provision or subprovision of these Tribal water quality standards

or amendments thereto, or the application of any such provision to any person or

circumstance is held to be invalid, the remainder of such provisions and

subprovisions shall not be affected in any way by such finding.

July 6, 2011

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.