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

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## Record

- **Collection:** Tribal code
- **Document type:** Tribal code

## Text

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

1

A. Background

2

B. Territory covered

2

C. Applicability, administration and amendment

3

D. Definitions

3

E. General considerations

7

1. Classification boundaries

7

2. Antidegradation policy

8

3. Antidegradation implementation

9

4. Antidegradation demonstration

10

5. Antidegradation decision

13

6. Narrative criteria

13

7. Specific numeric criteria

15

8. Analytical methods

16

F. Designated uses

16

G. Specific classifications

17

H. Numeric water quality criteria

20

I. Mixing zones

26

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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6

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
13

July 6, 2011

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.
14

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
15

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:
16

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:

17

July 6, 2011

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

DESIGNATED USES APPLIED TO WATER BODIES
C1

W2

W1

A

R

Kakagon Slough

X

X

X

X

X

X

Sand Cut Slough

X

X

X

X

X

X

Bad River Slough

X

X

X

X

X

X

Honest John Lake

X

X

X

X

X

Wood Creek Slough

X

X

X

X

X

X

Bad River

X

X

X

X

X

X

Kakagon River

X

X

X

X

X

X

Brunsweiler River

X

X

X

X

X

White River

X

X

X

X

X

Marengo River

X

X

X

X

X

Potato River

X

X

X

X

Wood Creek

X

X

X

X

X

X

Bear Trap Creek

X

X

X

X

X

X

Graveyard Creek

X

X

X

X

X

Bell Creek

X

X

X

X

X

Morrison Creek

X

X

X

X

X

Newago Creek

X

X

X

X

X

Denomie Creek

X

X

X

X

X

West Branch Denomie
Creek

X

X

X

X

X

Rins Creek

X

X

X

X

X

Silver Creek

X

X

X

X

X

Thornapple Creek

X

X

X

X

X

18

F1

X

F2

X

July 6, 2011

WATER BODY

C1

W2

Meadow Creek

X

Elm Creek

W1

A

R

F1

X

X

X

X

X

X

X

X

X

Vaughn Creek

X

X

X

X

Upper Vaughn Creek

X

X

X

X

Winks Creek

X

X

X

X

Cameron Creek

X

X

X

X

X

Sugarbush Creek
Billy Creek (T46N, R3W,
Section 32)
Billy Creek (T46N, R3W,
Section 35

X

X

X

X

X

X

X

X

X

X

X

X

X

Trout Brook

X

X

X

X

X

Tyler Forks

X

X

X

X

X

Hanson Swamp

X

X

X

X

Sugarbush Pond

X

X

X

X

Alex Pond

X

X

X

X

Wolf Pond

X

X

X

X

Pictured Rock Lake

X

X

X

X

Sugarbush Lake

X

X

X

X

Lost Lake

X

X

X

X

Moonshine Lake

X

X

X

X

X

F2

X
X

X

X

X

Bog Lake
X
X
X
X
*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).

19

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
1
a,b
Chromium (VI)
16.02
0.982
c
Cyanide
22
n/a
d
Dieldrin
0.24
n/a
Endrin
0.086d
n/a
d
Lindane
0.95
n/a
a,b
0.85
Mercury (II)
1.694
d
Parathion
0.065
n/a
Selenium*
19.34a,b
0.922
a

CMC=CMCtr

b

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

c

CMC should be considered free cyanide as CN.

d

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.

20

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
a

ma
1.1280
0.8190
0.9422
0.8460
1.0050
0.8473

ba
-3.6867
3.7256
-1.7000
2.2550
-4.8690
0.8840

CF
0.8500
0.3160
0.9600
0.9980
n/a
0.9780

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

b

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

c

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.

21

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
CF
CCC (µg/L)
a,b
Arsenic (III)
147.9
1.0000
a,b
Chromium (VI)
10.98
0.9620
Cyanide
5.2c
n/a
d
Dieldrin
0.056
n/a
d
Endrin
0.036
n/a
a,b
Mercury (II)
0.9081
0.8500
Parathion
0.013d
n/a
a,b
Selenium*
5
0.9220
a

CCC=CCCtr

b

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

c

CCC should be considered free cyanide as CN.

d

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
a

mc
0.7852
0.8190
0.8545
0.8460
0.8473
1.0050

bc
-2.7150
0.6848
-1.7020
0.0584
0.8840
-5.1340

CF
0.8500
0.8600
0.9600
0.9970
0.9860
n/a

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

b

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

c

22

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
9.7E-05
DDT
1.5E-05
1.5E-05
Dieldrin
6.8E-07
6.8E-07
Hexachlorobenzene
4.8E-05
4.8E-05
Hexachloroethane
6.9E-01
7.1E-01
Methylene chloride
4.3E+01
3.7E+02
PCBs (class)
2.7E-06
2.7E-06
2,3,7,8-TCDD
9.1E-10
9.1E-10
Toxaphene
7.1E-06
7.1E-06
Trichloroethylene
1.8E+01
4.1E+01

23

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
1.49E-04
Chlorobenzene
5.33E+01
8.73E+01
Cyanides
1.41E+02
1.98E+03
DDT
2.10E-04
2.10E-04
Dieldrin
4.36E-05
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
4.88E-03
Hexachloroethane
7.75E-01
7.97E-01
Lindane
5.23E-02
5.26E-02
Mercury
1.94E-04
1.94E-04
Methylene chloride
1.46E+03
1.26E+04
2,3,7,8-TCDD
7.10E-09
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

a

The mercury criterion includes methylmercury.

24

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:

25

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;
26
July 6, 2011

vii.
viii.
ix.
x.

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.

27

July 6, 2011

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Abad_river_chippewa%3Ae181d1554650e037. Public record. Not legal advice.