CONFEDERATED TRIBES OF COOS, LOWER UMPQUA AND SIUSLAW INDIANS’ TRIBAL CODE

CONFEDERATED TRIBES OF COOS, LOWER UMPQUA AND SIUSLAW INDIANS’ TRIBAL CODE

TITLE 10 – NATURAL RESOURCES AND THE ENVIRONMENT

CHAPTER 10-1 WATER QUALITY STANDARDS

10-1-1 Purpose

The purpose of these Standards is the life blood of Mother Earth and to safeguard,

maintain, and improve the quality of the Tribe’s waters for domestic water supplies; to

promote the habitation, growth, and propagation of desirable aquatic plant and animal

life; to protect existing and future cultural, subsistence, agricultural, economic,

recreational, and industrial uses; and to ensure that the Tribe’s waters are suitable for

any other existing and future beneficial uses. The CTCLUSI Department of Natural

Resources is responsible for the development of these standards at the direction of

Tribal Council, pursuant to Resolution No. 19-120.

Members of the Tribe and our ancestors have resided around the Tribe’s waters since

time immemorial, relying on the fish, plants, and wildlife of these waters for their

physical, cultural, and spiritual survival. In turn, we have acted as stewards over these

resources. The waters of the Tribe’s Ancestral Territory are perhaps the most precious

of such resources. The Tribe seeks to perpetuate identity through the sense of place by

continuing the traditions of protecting, preserving, and enhancing our ancestral waters

where its members once gathered and continue to gather and harvest.

Through these Standards, the Tribe continues to exercise their sacred stewardship of

these waters. To carry out these purposes, these Standards:

(1)

Designate uses for which the Tribe’s waters shall be protected;

(2)

Prescribe water quality criteria (narrative and numeric) sufficient to

sustain such designated uses; and

(3)

Assure that degradation of the Tribe’s waters shall be minimized

while also allowing for economic growth that is consistent with the

purpose of these Standards.

10-1-2 Applicability and Scope

(a) These Standards shall apply to all waters and activities within the boundaries of

CTCLUSI reservation and trust land. The Department of Natural Resources may,

following an amendment to the Standards approved by the EPA, designate uses and

set use or site-specific criteria for water bodies within newly held trust lands.

(b) These Standards shall govern all existing and proposed point and nonpoint

pollution discharges into surface waters, and to all activities which have the potential to

affect cultural, ceremonial, religious, fishery, residential, economic, public health and

safety, water quality, and other fundamental interests of the Tribe, including such

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activities conducted by both members and non-members of the Tribe. Activities to be

regulated under these Standards include, but are not limited to:

(1)

Landfills and open dumps;

(2)

Storage of animal waste;

(3)

Automobile graveyards and junkyards;

(4)

Landfilling of sludge or septic system waste;

(5)

Application of herbicide, insecticide, or other pesticide or toxic

materials or fertilizer;

(6)

Individual, residential, industrial, commercial, fire protection, or

agricultural water control devices including, but not limited to,

treatment facilities or systems, dams, reservoirs, ponds, pools, tanks,

wells, pipelines, flumes, canals, and intake or diversion systems;

(7)

Underground and above-ground liquid storage containers;

(8)

Surface and subsurface removal of mineral resources, overburden,

rock or soil, including quarry operations (borrow pitting) for road

surfacing or other uses;

(9)

All prospecting activities including removal of soil or rock materials,

including operations involving the reopening of existing mine pits,

tunnels, or quarries;

(10)

Sand and gravel operations;

(11)

Potential non-point source pollution problem areas including, but not

limited to, agricultural, mining, construction, urban runoff, silviculture,

salt water intrusion, hydrological modification, and residential

activities; and

(12)

Identified point source pollution problem areas including, but not

limited to, existing pollution sources on CTCLUSI land.

(c)

These Standards shall become applicable and effective for purposes of the

Clean Water Act (“CWA”), 33 U.S.C. §§ 1251-1387, as amended, if and to the extent

they are approved by the Environmental Protection Agency pursuant to 33 U.S.C. §

1313(c), as amended.

10-1-3 Definitions

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For purposes of these Standards, the following definitions shall apply:

(a) “Acute Criteria”: A one-hour average concentration in ambient waters which

should not be exceeded more than once every three years on average. In general,

acute criteria thresholds are higher than those for chronic criteria.

(b) “Acute Toxicity”: Toxicity that exerts short-term lethal impacts on representative

sensitive organisms with a duration of exposure generally less than, or equal to, 96

hours. Acute toxicity may include other effects such as, but not limited to, behavioral

changes or immobilization.

(c) “Attainable Use”: At a minimum, uses are deemed attainable if they can be

achieved by the imposition of effluent limits required under sections 301(b) and 306 of

the Act and cost-effective and reasonable best management practices for nonpoint

source control.

(d) “Best Management Practices”: Methods, measures, or practices undertaken to

prevent or reduce the pollution of the CTCLUSI waters, including to control, restrict, or

diminish nonpoint sources of pollution, and that are consistent with these Standards.

(e) “Bioaccumulation”: A process of a chemical accumulating in a biological food

chain by being passed from one organism to another as the contaminated organism is

consumed by another organism. Bioaccumulation takes place in a single organism

over the span of its life, resulting in a higher concentration in older individuals.

(f) “Biomagnification”: Biomagnification takes place as chemicals transfer from lower

trophic levels to higher trophic levels within a food web, resulting in a higher

concentration in apex predators.

(g) “Criteria”: Elements of these Standards expressed as numeric concentrations or

levels or narrative statements that represent a quality of water that supports a

particular use.

(h) “Critical Habitat”: The specific geographic areas that contain features essential to

the conservation of an endangered or threatened species, which may require special

management and protection. Critical habitat may also include areas that are not

currently occupied by the species but will be needed for its recovery.

(i)

“Chronic Criteria”: The four-day average concentration of a pollutant in ambient

water which should not be exceeded more than once every three years on average.

Generally, chronic criteria thresholds are lower than those for acute criteria.

(j)

“Chronic Toxicity”: Toxicity that exerts sub-lethal negative effects such as growth

or reproductive impairment, or which becomes lethal after long-term exposure,

generally measured by a 28-day test on representative sensitive organisms.

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(k) “Clean Water Act” or “CWA”: The federal Clean Water Act, codified at 33 U.S.C.

§ 1251-1387, as amended.

(l)

“Conductivity”: A measure of a water’s ability to conduct electrical current, which

is determined by the quantity of dissolved ions in the water.

(m) “CTCLUSI” or “Tribe”: The Confederated Tribes of Coos, Lower Umpqua and

Siuslaw Indians.

(n)

“Designated Use”: A use of water that is to be protected under these Standards.

(o)

“Dissolved Oxygen” or “DO”: The amount of oxygen that is present in water.

(p) “Department Natural Resources” or “DNR” or “CNR”: The Confederated Tribes of

Coos, Lower Umpqua and Siuslaw Indians’ Department of Natural Resources. This

term may refer to either the Director of the DNR or any of the Director’s employees.

(q) “Department of Environmental Quality” or “Oregon” or “ODEQ”: The State of

Oregon Department of Environmental Quality.

(r) “Environmental Protection Agency” or “EPA” or “USEPA”: The United States

Environmental Protection Agency.

(s) “Effluent”: A discharge into a water body from an anthropogenic source,

including wastewater.

(t) “Emergency”: An unforeseeable threat which requires sudden or extreme

measures to avert greater harm. For the purpose of this document, a state of

emergency exists not before, and only when, declared by the Tribal Council.

(u) “Ephemeral”: A water body that flows temporarily in direct response to

precipitation or snowmelt and with a channel that is always above the water table.

(v) “Existing Uses”: Those uses actually attained in a water body on or after

November 28, 1975, whether or not those specific uses are referred to in these

Standards.

(w)

“Fecal coliform": An indicator bacteria used to identify potential fecal

contamination near shellfish beds. Fecal Coliform are the subgroup of the coliform

group which is present in the intestinal tracts and feces of warm-blooded animals as

detected by the product of acid or gas from lactose in a suitable culture medium within

twenty-four hours at 44.5 °C plus or minus 0.2 °C.

(x) “Fee Land”: Land that is owned outright by CTCLUSI, but not held in trust by the

United States government.

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(y) “Geometric Mean”: A mean calculated by converting all values to logarithms,

averaging the logarithms, and determining the antilogarithm of that average.

(z) “Human Use”: Activities or behaviors conducted by individuals, groups,

businesses, organizations, and governments, and includes domesticated plants and

animals.

(aa)

“Hypoxic”: Low or depleted oxygen in a water body.

(bb) “Intermittent”: A water body that flows only at certain times of the year when

receiving flow from springs, melting snow, or localized precipitation. It also means a

stream or reach that does not flow continuously when water losses from evaporation

or seepage exceed available stream flow.

(cc) “Lentic”: Systems such as lakes and ponds, characterized by largely standing

water.

(dd)

“Lotic”: Systems such as rivers and streams, characterized by flowing water.

(ee) “Mixing Zone”: The portion of a water body adjacent to an effluent outfall where

mixing results in the dilution of the effluent with the receiving water.

(ff) “Natural Conditions”: Natural conditions mean background water quality

conditions free from anthropogenic sources of pollutants, as established in an

appropriate reference water body as determined by the CTCLUSI Department of

Natural Resources. Neighboring or similar systems maybe used as a refernce, as

deemed appropriate by the Department.

(gg) “Nonpoint Source”: A source of pollution that is not a discernible, confined, and

discrete conveyance (for example, surface runoff).

(hh) “Oil”: Oil in any form including, but not limited to, petroleum, crude oil, gasoline,

diesel oil, lubricating oil, oil refuse, sludge, vegetable oil, animal oil, and oil mixed with

waste.

(ii) “Person”: Any individual, partnership, private, public, or municipal corporation,

county, state, local, federal, or tribal governmental entity or association of individuals

of whatever nature.

(jj) “pH”: A figure expressing the degree of acidity of a solution on a logarithmic

scale on which 7 is neutral, lower values are more acidic and higher values more

alkaline. The pH is equal to −log10 c, where c is the hydrogen ion concentration in

moles per liter.

(kk) “Point Source”: Any discernible, confined, and discrete conveyance including,

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

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landfill leachate collection system, container, or concentrated animal feeding

operation, from which pollutants are or may be discharged into a water body. The term

does not include agricultural storm water discharges or return flows from irrigated

agriculture.

(ll) “Pollutant”: Any type of contaminant including, but not limited to, toxic

substances, hazardous substances, dredge spoil, solid waste, sewage, chemicals,

pesticides, herbicides, fungicides, rodenticides, fertilizers, incinerator residue,

discarded equipment, rock, sand, dirt, sewage, and oil, regardless of whether in liquid,

solid, or gaseous form.

(mm) “Pollution”: Any human-made or human-induced alteration of the chemical,

physical, biological, or radiological integrity of a water body.

(nn) “Receiving Waters”: Any water body that receives discharges of treated or

untreated wastewater.

(oo) “Reservation”: All lands reserved in trust by the United States for the use and

benefit of the CTCLUSI.

(pp) “Resident Aquatic Community”: Native aquatic life expected to exist in a

particular habitat under conditions where water quality is not altered by anthropogenic

influences.

(qq)

“Salinity”: The concentration of salts dissolved in a body of water.

(rr)

“Saturation level or saturation state”: Notated as Ω. When seawater is

supersaturated with respect to aragonite and calcite, saturation levels are greater than

1. Low saturation states dissolve shells and other aragonite structures. The saturation

state of carbonate minerals is defined by

.

(ss) “Shore-hugging plumes”: Shore-hugging plumes occur when changes in the

conditions of a water body occur within part of a water body near or adjacent to land,

wetlands, coast, or partially submerged sand or earth. Shore areas are often the most

biologically productive and sensitive areas of a water body, and they are often used for

recreation. Shore-hugging plumes generally do not mix as well with receiving waters

and, thus, do not dilute as well as mixing zones with other shapes that do not hug

shorelines. Because shore-hugging plumes tend to keep unmixed water over the

benthic area or in the recreational area, they are more likely to adversely affect the

designated uses of the water body.

(tt) “Surface Waters of the Tribe” or “Waters of the Tribe”: Any lakes, rivers, ponds,

streams, including both intermittent and ephemeral streams, wetlands, inland waters,

estuarine waters, marine waters, and all other surface waters within the exterior

boundaries of the CTCLUSI reservation or trust lands.

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(uu)

“Temperature”: Water temperature expressed in degrees Celsius (°C).

(vv) “Threatened or Endangered Species”: Any species of fish, wildlife, or plant that

has been determined to be endangered or threatened under Section 4 of the federal

Endangered Species Act.

(ww)

“Toxicity”: Acute and/or chronic toxicity.

(xx) “Toxic Pollutant”: Those pollutants or combinations of pollutants which after

discharge and upon exposure, ingestion, inhalation, or assimilation into any organism,

either directly from the environment or indirectly by ingestion through food chains,

will, on the basis of information available to the DNR or the EPA, cause death, harm,

disease, behavioral abnormalities, cancer, genetic mutations, physiological

malfunctions, reproduction malfunctions, or physical deformations in organisms or their

offspring.

(yy) “Tribal Council” or “Council”: The governing body of the CTCLUSI exercising

the authority codified in the CTCLUSI Constitution and Tribal Code.

(zz) “Trust Lands”: Land the title to which is held in trust by the United States for the

CTCLUSI or its members.

(aaa) “Turbidity”: The clarity of water expressed as nephelometric turbidity units

(“NTU”) and measured with a calibrated turbidimeter.

(bbb) “Wastes”: Sewage, industrial wastes, and all other liquid, gaseous, solid,

radioactive, or other substances that will or may cause pollution or tend to cause

pollution of any water body.

(ccc) “Water Column”: The vertical expanse of water lying between an area on the

surface of a body of water and the floor directly below it but excluding the surface and

the floor, used in these Standards for calculating toxic pollutant criteria.

(ddd) “Water Quality”: The chemical, physical, biological, and cultural characteristics

of a water body.

(eee) “Wetland”: Any area that is inundated or saturated by surface or ground water

at a frequency and duration sufficient to support, and that under normal circumstances

does support, a prevalence of vegetation typically adapted for life in saturated soil

conditions. Wetlands generally include swamps, marshes, bogs, and similar areas.

10-1-4 Authorities and Responsibilities

(a) Pursuant to its status as a sovereign nation, being federally recognized pursuant

to the Coos, Lower Umpqua, and Siuslaw Restoration Act, Pub. L. No. 98-481, 98

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Stat. 2250, 25 U.S.C. § 714-714f (omitted for editorial reclassification), and as codified

in Article I and Article VI of the CTCLUSI Constitution, the CTCLUSI Tribal Council has

authority to enact, administer, and enforce these Standards.

(b) The Tribal Council has delegated to the DNR the authority and duty to administer

these Standards. The day-to-day operations required to uphold these standards are

delegated to the DNR. Such day-to-day operations include, but are not limited to,

sampling and monitoring water quality, preparing mandatory reviews of the Standards,

and issuing tribal permits necessary to maintain water quality consistent with the

Standards. The DNR is also authorized to develop related water quality management

programs including, but not limited to a nonpoint source pollution control program

authorized by 33 U.S.C. § 1329, a water quality certification program authorized by 33

U.S.C. § 1342, and a groundwater quality management program.

10-1-5 Implementation and Enforcement

(a) These Standards shall be enforced through all methods available to the DNR

including, but not limited to: issuance of permits; regulatory orders; court actions;

review and approval plans and specifications; evaluations of compliance with best

management practices and all reasonable methods of prevention, control, and

treatment of wastes prior to discharge; and coordination with other tribal, federal, state,

and local departments and regulatory agencies.

(b) The requirements of these water quality standards shall be met for all waters of

the Tribe. No person shall engage in any activity that violates or causes the violation of

these standards. All discharges from point sources, all instream activities, and all

activities which generate nonpoint source pollution shall be conducted so as to comply

with these Standards. Compliance shall be determined by the DNR.

(c) All permits issued or reissued, and all activities undertaken by the Tribe, the U.S.

Environmental Protection Agency, the Bureau of Indian Affairs, the U.S. Army Corps of

Engineers, state agencies, or any other government agencies shall be conditioned in

such a manner as to authorize only activities that will not cause violations of these

Standards. Permits may be subject to modification whenever it appears to the DNR

that the activity violates water quality standards.

(d) Sample collection, preservation, and analytical procedures to determine

compliance with these standards shall conform to the guidelines of 40 C.F.R. Part 136.

If guidance does not exist, procedures shall conform with other methods accepted by

the scientific community and deemed appropriate by the DNR.

10-1-6 Triennial Review

The CTCLUSI shall, consistent with 33 U.S.C. § 1313(c), as amended, hold public

hearings at least once every three years for the purpose of reviewing and, if necessary,

revising these water quality standards.

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The DNR shall issue public notice of such hearings and provide opportunity for public

comment. Public hearings will be held in accordance with CTCLUSI Tribal Law

(CTCLUSI Code Title 2, Ch. 2-1) and EPA regulations at 40 C.F.R. § 25.5.

Any revisions shall incorporate relevant advances in science and engineering with

respect to water quality and waste treatment. Whenever the CTCLUSI revises these

standards, such revisions will be sent to the EPA for review and approval.

10-1-7 Severability

If any provision of these Standards or the application of any provision of these

Standards to any person, action, or circumstance is held to be invalid by a court of

competent jurisdiction, the remainder of these Standards and the application of any

provisions of these Standards to other persons, actions, or circumstances shall remain

valid and unaffected.

10-1-8 Water Rights

Nothing in these Standards shall supersede, abrogate, or otherwise impair the water

rights of the Tribe or the authority of the Tribe to allocate quantities of water and

administer water rights within Tribal jurisdiction.

10-1-9 Sovereign Immunity Preserved

Nothing in this Chapter is intended to, nor should be interpreted as a waiver of the

Tribe’s sovereign immunity from unconsented lawsuit, or as authorization for a claim for

monetary damages from the Tribe.

10-1-10 Collaboration with Federal, State, Tribal, and Local Agencies

The Tribe may, as appropriate, collaborate with federal, state, tribal, and local agencies

to prevent, reduce, and eliminate water pollution with programs for managing water

resources.

10-1-11 General Policy

The following criteria apply to all surface waters of the Tribe:

(a) All surface waters of the Tribe shall be free from pollutants in concentrations or

combinations that do not protect the most sensitive use of the water body.

(b) Criteria will be established based on accrued data compiled from DNR water

quality measurements, EPA recommended criteria, and other scientifically defensible

methods, with consideration given to state criteria as applicable.

(c) At the boundary between waters of different classifications, the more stringent

water quality criteria shall prevail. When a distinction cannot be made among surface

water, wetlands, groundwater, or sediments, the applicable standards shall depend on

which existing or designated use is, or could be, adversely affected. If existing or

designated uses of more than one resource are affected, the most protective criteria

shall apply.

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(d) The DNR or Council may revise criteria on a Reservation-wide specific basis as

needed to protect aquatic life and human health and other existing and designated uses

and to increase the technical accuracy of the criteria being applied. The Council shall

formally adopt any revised criteria after an opportunity for the EPA and the public to

review and comment. The revised criteria will then be submitted to EPA for action under

the Clean Water Act.

10-1-12 Variance

(a) Degradation of water quality or aquatic habitat will not be allowed if the

degradation could interfere with or becomes injurious to designated uses or cause harm

to the environment, biota, or cultural resources, all of which impact community health.

No variance may be issued where it could adversely impact threatened or endangered

species or their critical habitat.

(b) A WQS variance is a water quality standard subject to EPA review and approval or

disapproval, pursuant to 40 C.F.R. § 131.14.

(c)

(d)

Applicability.

(1)

A WQS variance may be adopted for a permittee or water body

segment, but only applies to the permittee or water body segment

specified in the WQS variance.

(2)

Where the Tribe adopts a WQS variance, the Tribe will retain, in its

standards, the underlying designated use and criterion addressed by

the WQS variance, unless the Tribe adopts and EPA approves a

revision to the underlying designated use and criterion. All other

applicable standards not specifically addressed by the WQS variance

remain applicable.

(3)

A WQS variance, once adopted by the Tribe and approved by EPA,

shall be the applicable standard for the following limited purposes. An

approved WQS variance applies for the purposes of developing

NPDES permit limits and requirements under Section 301(b)(1)(C) of

the Clean Water Act, where appropriate, consistent with § 10-1-12(c)

(1) of these Standards. The Tribe may also use an approved WQS

variance when issuing certifications under Section 401 of the Clean

Water Act.

(4)

The Tribe may not adopt WQS variances if the designated use and

criterion addressed by the WQS variance can be achieved by

implementing technology-based effluent limits required under

Sections 301(b) and 306 of the Clean Water Act.

Requirements for Adoption. A WQS variance must include:

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(1)

Identification of the pollutant(s) or water quality parameter(s), and the

water body segment(s) to which the WQS variance applies.

Discharger-specific WQS variances must also identify the permittee

subject to the WQS variance.

(2)

The requirements that apply throughout the term of the WQS

variance. The requirements shall represent the highest attainable

condition of the water body segment applicable throughout the term

of the WQS variance based on the supporting documentation

required. The requirements shall not result in any lowering of the

currently attained ambient water quality, unless a WQS variance is

necessary for restoration activities. The Tribe must specify the

highest attainable condition of the water body segment as a

quantifiable expression that is one of the following:

(A) For discharger-specific WQS variances:

a. The highest attainable interim criterion; or

b. The interim effluent condition that reflects the greatest

pollutant reduction achievable; or

c. If no additional feasible pollutant control technology can

be identified, the interim criterion or interim effluent

condition that reflects the greatest pollutant reduction

achievable with the pollutant control technologies

installed at the time the Tribe adopts the WQS variance,

and the adoption and implementation of a Pollutant

Minimization Program.

(B) For WQS variances applicable to a water body segment:

a. The highest attainable interim use and interim criterion;

or

b. If no additional feasible pollutant control technology can

be identified, the interim use and interim criterion that

reflect the greatest pollutant reduction achievable with

the pollutant control technologies installed at the time

the Tribe adopts the WQS variance, and the adoption

and implementation of a Pollutant Minimization

Program.

(3)

A statement providing that the requirements of the WQS variance are

either the highest attainable condition identified at the time of the

adoption of the WQS variance, or the highest attainable condition

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later identified during any reevaluation consistent with § 10-1-12(d)

(5) of these Standards, whichever is more stringent.

(4)

The term of the WQS variance, expressed as an interval of time from

the date of EPA approval or a specific date. The term of the WQS

variance must only be if necessary to achieve the highest attainable

condition and consistent with the supporting documentation provided.

The Tribe may adopt a subsequent WQS variance consistent with

this section.

(5)

For a WQS variance with a term greater than five years, a specified

frequency to reevaluate the highest attainable condition using all

existing and readily available information and a provision specifying

how the Tribe intends to obtain public input on the reevaluation. Such

reevaluations must occur no less frequently than every five years

after EPA approval of the WQS variance and the results of such

reevaluation must be submitted to EPA within 30 days of completion

of the reevaluation.

(6)

A provision that the WQS variance will no longer be the applicable

water quality standard for purposes of the Clean Water Act if the

Tribe does not conduct a reevaluation consistent with the frequency

specified in the WQS variance or the results are not submitted to EPA

as required.

(e) The supporting documentation for a WQS variance for submission to the EPA

must include:

(1)

Documentation demonstrating the need for a WQS variance.

(A) For a WQS variance to a use specified in Section 101(a)(2) of

the Clean Water Act or a sub-category of such a use, the Tribe

must demonstrate that attaining the designated use and

criterion is not feasible throughout the term of the WQS

variance because:

a. One of the factors listed in 40 C.F.R. § 131.10(g) is met,

or

b. Actions necessary to facilitate lake, wetland, or stream

restoration through dam removal or other significant

reconfiguration activities preclude attainment of the

designated use and criterion while the actions are being

implemented.

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(B) For a WQS variance to a non-101(a)(2) use, the Tribe must

submit documentation justifying how its consideration of the

use and value of the water for those uses listed in 40 C.F.R. §

131.10(a) appropriately supports the WQS variance and term.

A demonstration consistent with § 10-1-12(e) (1)(A) of these

Standards may be used to satisfy this requirement.

(2)

Documentation demonstrating that the term of the WQS variance is

only if necessary to achieve the highest attainable condition. Such

documentation must justify the term of the WQS variance by

describing the pollutant control activities to achieve the highest

attainable condition, including those activities identified through a

Pollutant Minimization Program, which serve as milestones for the

WQS variance.

(3)

In addition to other requirements, for a WQS variance that applies to

a water body segment:

(A) Identification and documentation of any cost-effective and

reasonable best management practices for nonpoint source

controls related to the pollutant(s) or water quality

parameter(s) and water body segment(s) specified in the WQS

variance that could be implemented to make progress towards

attaining the underlying designated use and criterion. The

Tribe must provide public notice and comment for any such

documentation.

(B) Any subsequent WQS variance for a water body segment

must include documentation of whether and to what extent

best management practices for nonpoint source controls were

implemented to address the pollutant(s) or water quality

parameter(s) subject to the WQS variance and the water

quality progress achieved.

(C) Implementing WQS variances in NPDES permits. A WQS

variance serves as the applicable water quality standard for

implementing NPDES permitting requirements for the term of

the WQS variance. Any limitations and requirements

necessary to implement the WQS variance shall be included

as enforceable conditions of the NPDES permit for the

permittee(s) subject to the WQS variance.

10-1-13 Mixing Zones

A mixing zone is a defined and limited part of a water body adjacent to a point source of

pollution in which initial dilution of effluent occurs and in which certain numeric water

quality standards may be exceeded provided that certain requirements are met. The

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Tribe authorizes the use of mixing zones on a case-by-case basis, in accordance with

the following provisions:

(a) Mixing zones shall not be authorized for a pollutant when the receiving water does

not meet water quality criteria for that pollutant, except where (1) the effluent limits

established using a mixing zone are consistent with an EPA-approved or EPAestablished TMDL, and (2) the mixing zone is in accordance with this section.

(b) Mixing zones may be established for whole effluent or on a pollutant-by-pollutant

basis.

(c) A mixing zone may be established by the DNR, Tribal Council, or by the applicable

federal authority, through conditions on a permit. The allowable size and location of any

mixing zone shall be precisely determined in such permits.

(d) Mixing zones shall be no larger than necessary, and the concentrations of

pollutants present shall be minimized. Mixing zones shall meet the following restrictions:

(1)

Mixing zones in flowing waters shall not:

(A) Extend in a downstream direction for a distance from the

discharge port(s) greater than 300 feet plus the depth of water

over the discharge port(s);

(B) Extend upstream for a distance of over 100 feet;

(C) Utilize greater than 25 percent of the critical low flow; nor

(D) Occupy greater than 25 percent of the width of the water body.

(2)

Mixing zones in non-flowing waters shall not:

(A) Exceed 10 percent of the volume of the water body;

(B) Exceed 10 percent of the surface area of the water body

(maximum radial extent of the plume regardless of whether it

reaches the surface); nor

(C) Extend beyond 15 percent of the width of the water body.

(3)

The following elements shall be considered when designing an outfall:

(A) Promote rapid mixing to the extent practicable through careful

location and outfall design;

(B) Diffusers shall be used; and

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CONFEDERATED TRIBES OF COOS, LOWER UMPQUA AND SIUSLAW INDIANS’ TRIBAL CODE

(C) Outfalls that result in shore-hugging plumes shall not be

authorized.

(e) Water quality within an authorized mixing zone is allowed to exceed chronic water

quality criteria for those parameters approved by the DNR. Acute water quality criteria

may be exceeded for such parameters within the zone of initial dilution inside the mixing

zone. Acute criteria shall be met as near to the point of discharge as practicably

attainable. Narrative criteria apply within the mixing zone.

(f) Water quality criteria shall not be violated outside of the boundary of a mixing zone

as a result of the discharge for which the mixing zone was authorized.

(g) The DNR may, as appropriate, require mixing zone monitoring studies, and/or

bioassays and biological surveys to be conducted at the expense of the water quality

certification applicant to evaluate water quality or biological status within and outside a

mixing zone boundary.

(h) The DNR or Council may require revision, revocation, or denial of water quality

certification authorizing mixing zones upon expiration of the discharge permit, or prior to

expiration if information suggests that the nature and impacts of the mixing zone are

different than the conditions used to determine mixing zone criteria.

(i)

No mixing zone shall be established unless the water quality certification applicant

provides supporting information which clearly indicates the mixing zone would not have

a reasonable potential to:

(1)

Cause a loss of or impair recovery of aquatic life, wildlife, or sensitive

or important habitat or cultural resources;

(2)

Create a barrier to the migration path of migratory species;

(3)

Substantially interfere with the existing or characteristic uses of the

water body;

(4)

Result in damage to the ecosystem; or

(5)

Adversely affect threatened or endangered species or public safety or

health as determined by the DNR.

(j)

Mixing zones will not be established for discharges into Outstanding Tribal Waters,

wetlands, or ephemeral or intermittent streams.

(k) Mixing zones shall not be authorized where they may cause unreasonable

interference with, or danger to designated uses, including, but not limited to, any of the

following:

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CONFEDERATED TRIBES OF COOS, LOWER UMPQUA AND SIUSLAW INDIANS’ TRIBAL CODE

(1)

Where discharges could create or foster conditions in sediments within

and outside of the mixing zone that have the reasonable potential to

cause damage to the ecosystem;

(2)

For known or suspected carcinogens, mutagens, teratogens, or

bioaccumulative or persistent pollutants;

(3)

Where aquatic life could be attracted to the plume and harmed, or

cause lethality to aquatic life passing through the mixing zone;

(4)

Where heat in the discharge may cause thermal shock, lethality, or

loss of cold water habitat;

(5)

Where the mixing zone could allow pollutant concentrations that

exceed maximum contaminant levels at drinking water intakes,

recreation sites, cultural areas, and biologically important sites such as

fish spawning/nursery areas and shellfish harvesting; and

(6)

Where the discharge could adversely impact threatened and

endangered species.

(l)

Mixing zones shall not be used for, or considered as, a substitute for waste

treatment. A water quality certification applicant shall show, to the satisfaction of the

DNR, that all reasonable current technology for wastewater treatment, pollution control,

and waste reduction have been fully applied before a mixing zone is granted.

(m) Except as prescribed in the narrative water quality standards, the criteria set out

in these Standards may be exceeded within mixing zones as provided for in a NPDES

permit and water quality certification. Determination of the dilution available and size of

mixing zones will consider the following:

(1)

Critical conditions;

(2)

Mixing characteristics of the receiving water;

(3)

Characteristics of the effluent; and

(4)

Impacts to use designations of the receiving water.

(n) In estuaries or waters influenced by tides, mixing zone determinations will be

made considering possible effects due to tidal flux.

(o)

Mixing zones shall not overlap.

10-1-14 Antidegradation Policy

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The purpose of the Antidegradation Policy is to guide decisions that affect water quality

such that unnecessary degradation from point and non-point sources of pollution is

prevented, and to protect, maintain, and enhance existing surface water quality to

protect all existing beneficial uses. The Tribe’s Antidegradation Policy is stated as

follows:

(a)

Tier 1 Minimum Existing Uses Tribal Waters.

Minimum existing water uses and the level of water quality necessary to protect existing

water uses shall be maintained and protected. Where designated uses of the water

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

pollutant or pollutants which are causing or contributing to the impairment.

(b)

Tier 2 Tribal Waters Exceeding Levels Necessary to Support Existing Uses.

Where the actual water quality of a surface water of the Tribe exceeds levels necessary

to support existing uses on a parameter-by-parameter basis, including but not limited to,

the protection and propagation of fish, shellfish, and wildlife and recreation in and on the

water, that water quality shall be maintained and protected unless the Tribe finds, after

the Tribe’s obligations for intergovernmental coordination and public participation have

been met, that:

(1)

Allowing lower water quality is necessary to accommodate important

habitat restoration or economic or social development in the area in

which the waters are located, and such restoration or development is

in the Tribe's best interest. This determination that a lowering of water

quality is necessary must include an evaluation of a range of

practicable alternatives that would prevent or lessen the proposed

degradation. This analysis of alternatives must be conducted according

to the Implementation Plan found within these Standards. When the

analysis of alternatives identifies one or more practicable alternatives

as defined at 40 C.F.R. § 131.3 (n), the Tribe shall only find that a

lowering of water quality is necessary if one such alternative is

selected for implementation;

(2)

Lowering the water quality will not violate applicable criteria;

(3)

Lowering the water quality standard will not injure existing and

designated uses;

(4)

Lowering water quality will not adversely affect threatened or

endangered species, or species proposed or eligible for listing;

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CONFEDERATED TRIBES OF COOS, LOWER UMPQUA AND SIUSLAW INDIANS’ TRIBAL CODE

(5)

Lowering the water quality for economic or social development

purposes shall not authorize other users to increase their discharges;

and

(6)

All wastes, pollution, and substances discharged will be treated and

controlled to achieve:

(A) The highest statutory and regulatory requirements for all new

and existing point sources; and

(B) All cost effective and reasonable best management practices for

non-point sources.

(c)

Tier 3 Outstanding Tribal Waters.

Where high quality waters constitute an outstanding recreational, cultural, or ecological

resource of the Tribe, those waters may be designated as Outstanding Tribal Waters.

The existing water quality of Outstanding Tribal Waters shall be fully maintained and

protected and no permanent degradation of such water quality shall be permitted for

any reason. To achieve this, the DNR may require water quality controls, maintenance

of natural flow regimes, protection of instream habitats, and land use practices

protective of the water body. These requirements are outlined in the CTCLUSI

Antidegradation Implementation Plan.

(1)

Classification of a water as a Tier 3 Outstanding Tribal Water shall be

by resolution of the Council.

(2)

The Department of Natural Resources will accept nominations from

any interested party for a specific reservation water to be classified as

a Tier 3 Outstanding Tribal Water. Such nomination shall include

written documentation of the qualifications of the reservation water that

warrant Outstanding Tribal Water protection and, if approved by DNR,

will be presented to the Council for final approval.

(d) In those cases where potential water quality impairments associated with thermal

discharge are involved, the Antidegradation Policy and implementation methods shall

be consistent with 33 U.S.C. § 1326, as amended.

10-1-15 Antidegradation Implementation Plan

(a) The DNR shall implement these Standards, including the Antidegradation Policy,

by establishing and maintaining controls on the introduction of pollution into the waters

of the Tribe and by taking the actions listed below in coordination with tribal, federal,

state, and local agencies, as appropriate:

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CONFEDERATED TRIBES OF COOS, LOWER UMPQUA AND SIUSLAW INDIANS’ TRIBAL CODE

(1)

Review the adequacy of existing data on the Tribe’s waters, as well

as data and information on any activities that may detrimentally

impact those waters and uses, and obtain additional data where

necessary;

(2)

Monitor water quality to assess the effectiveness of pollution controls

and to determine whether designated uses are being supported and

water quality standards are being attained;

(3)

Obtain and assess information on the impact of effluents on receiving

waters, including the capability of receiving waters to support

designated uses and achieve these Standards;

(4)

Advise prospective dischargers of discharge requirements and

coordinate with the appropriate permitting agencies as to the same;

(5)

Require the highest and best degree of wastewater treatment

practicable, consistent with protecting and maintaining designated

uses and existing water quality;

(6)

Develop, review, and certify water quality-based effluent limitations

and provide comment on technology-based effluent limitations, as

appropriate, for inclusion in any permit issued to a discharger

pursuant to 33 U.S.C. § 1342, as amended;

(7)

Require that effluent limitations or other appropriate limitations be

applicable to activities with the potential to discharge into CTCLUSI

waters be included in any permit as a condition for certification by the

Tribe pursuant to 33 U.S.C. § 1341, as amended;

(8)

Coordinate water pollution control activities with other local, tribal,

state, and federal agencies, as appropriate;

(9)

Develop and pursue inspection programs to ensure that dischargers

comply with the requirements of these Standards and to support the

enforcement of federal permits issued by the U.S. Environmental

Protection Agency and/or the U.S. Army Corps of Engineers;

(10)

Provide technical assistance to wastewater treatment facility

operators;

(11)

Publish results of water quality investigations and interpretations of

those results;

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CONFEDERATED TRIBES OF COOS, LOWER UMPQUA AND SIUSLAW INDIANS’ TRIBAL CODE

(12)

Examine existing and future CTCLUSI policies pertaining to septic

systems, solid waste disposal, and other relevant activities to ensure

that those policies are consistent with meeting these Standards;

(13)

Determine whether in-stream flows and water levels are adequate to

support designated uses and to meet these Standards;

(14)

Implement specific policies and procedures to protect designated Tier

3 Outstanding Tribal Waters;

(15)

Conduct an antidegradation analysis for regulated actions that may

impair water quality.

(b) Guidance for Implementing the Antidegradation Policy for Tier 3 Outstanding

Tribal Waters.

(1)

Direct Point Sources. No new direct point sources of pollution shall be

permitted for Tier 3 Outstanding Tribal Waters except as provided in

§ 10-1-15(b) (3) of these Standards. Expansion of existing sources,

including discharges that maintain current pollutant loads and current

treatment of pollutants, shall also be prohibited except as provided in

§ 10-1-15(b) (3) of these Standards.

(2)

Upstream Point Sources. No new upstream point sources of pollution

shall be permitted for Tier 3 Outstanding Tribal Waters except where

such source would have no effect on the existing quality of the

downstream waters and except as provided in § 10-1-15(b)(3). Such

effect on water quality shall be determined by the Tribe.

(3)

Temporary and Limited Effects Exception. In cases where the Tribe

determines that the effects of a proposed activity on Tier 3

Outstanding Tribal Waters are deemed to be only temporary and

limited in nature, the Tribe may permit the activity. Determination of

"temporary and limited effects" will entail a case-by-case evaluation

by the Tribe, through the DNR, of ambient conditions and potential

effects of the proposed activity. Temporary is generally considered to

be weeks and months, not years. Factors that may influence such

decisions include: duration of lowering of water quality; percent

change in ambient concentrations; specific parameters affected;

potential for long-term benefits to the Tier 3 Outstanding Tribal

Waters; potential for water quality standards violations; and shortterm and long-term effects on existing uses or water quality goals.

Water quality may not be degraded below the water quality criteria to

protect designated uses or below levels necessary to protect existing

uses.

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CONFEDERATED TRIBES OF COOS, LOWER UMPQUA AND SIUSLAW INDIANS’ TRIBAL CODE

(4)

Non-Point Sources of Pollution to Tier 3 Outstanding Tribal Waters.

Water quality shall be maintained at current levels or improved for all

parameters in Tier 3 Outstanding Tribal Waters. Non-point source

pollution activities that will increase pollutant loads, and/or create

and/or increase pollutant levels shall be prohibited, except where

those pollutants would have no effect on existing water quality. Such

effects on water quality shall be determined by the Tribe.

(c) Guidance for Implementing the Antidegradation Policy for Tier 2 High Quality

Waters.

(1)

Alternatives Analysis. All entities that propose a degradation of Tier 2

protected waters must submit proposed alternatives that would

prevent or lessen the water quality degradation associated with the

proposed activity. The Tribe shall evaluate whether the alternatives

proposed by the applicant are comprehensive and reflect a range of

practicable alternatives that would prevent or lessen the degradation

associated with the proposed activity. If the Tribe determines that

alternatives exist that would result in less water quality degradation,

the Tribe may assist the applicant in its own alternatives assessment

to promote the broadest understanding of alternatives to be submitted

in the permit application. Further alternatives may include, but are not

limited to, additional pollution prevention measures; reduction in scale

of project; water reuse or recycle; industrial process changes; various

treatment technology; seasonal stipulations; operational or

maintenance changes; or alternative discharge locations. When the

alternatives analysis identifies one or more practicable alternatives,

the Tribe shall only find that a lowering of water quality is necessary if

one such alternative is selected for implementation.

(2)

Socioeconomic, Spiritual, and Cultural Value Assessment. An

evaluation of the socioeconomic, spiritual, and cultural consequences

of the proposed activity shall be performed during the permitting

process. The applicant shall provide such information in its

application. The Tribe shall consider at least the following factors, but

may consider others: spiritual and cultural opportunities; employment

opportunities; increased production for greater Tribal economic gain;

housing; and correction of environmental or public health concerns. If

no socioeconomic value can be attributed to the proposed activity, it

shall not be permitted. If the Tribe deems that the socio-economic

value is not of sufficient value to warrant a degradation of water

quality, it shall not be permitted. If, after review and response to

public comments regarding the proposed activity, the level of

degradation of water quality is not considered significant enough to

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CONFEDERATED TRIBES OF COOS, LOWER UMPQUA AND SIUSLAW INDIANS’ TRIBAL CODE

the Tribe to overrule the proposed activity's socioeconomic value,

then a permit may be granted for the proposed activity, with

specifications to protect water quality at the most-achievable level.

(3)

Public Participation. The Tribe shall conduct a public review of the

application, proposed activities, and the Tribe's draft antidegradation

review. Public notice shall be made using the Tribe’s newsletter,

Tribal website, and a list of interested parties. Comments shall be

sought to guide a final review decision. Following an appropriate

public review period as required by applicable law, the review period

will close. Response to each comment shall occur prior to the

approval or disapproval of a permit or license application to

discharge, and these responses shall be documented within the final

antidegradation review. In addition, the Tribe shall coordinate as

needed with federal agencies such as the National Marine Fisheries

Service, U.S. Fish and Wildlife Service, and U.S. Environmental

Protection Agency.

(d) In the event that water quality monitoring identifies water bodies where attainable

quality is less than the water quality required under designated uses, these Standards

may be revised to reflect actual attainability for those water bodies subject to the

provisions of the CWA and consistent with the EPA regulations at 40 C.F.R. §

131.10(g), as may be revised from time to time.

10-1-16 General Narrative Standards

(a) All waters of the Tribe, including those within established mixing zones, shall be

free from substances or conditions attributable to point source discharges, nonpoint

sources, or instream activities in accordance with the following:

(1)

Floating solids, oil, and grease. All waters shall be free from visible

oils, scum, foam, grease, and other floating materials and suspended

substances of a persistent nature resulting from other than natural

causes.

(2)

Color. True color-producing substances or materials resulting from

other than natural causes shall not create an aesthetically undesirable

condition; nor should color inhibit photosynthesis or otherwise impair

the existing and designated uses of the water.

(3)

Odor and taste. Water contaminants shall be limited to concentrations

that will not impart unpalatable flavor to fish, including shellfish, or

result in offensive odor or taste arising from the water, or otherwise

interfere with the existing and designated uses of the water.

(4)

Nuisance conditions. Nutrients or other substances from anthropogenic

causes shall not be present in concentrations which will produce

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CONFEDERATED TRIBES OF COOS, LOWER UMPQUA AND SIUSLAW INDIANS’ TRIBAL CODE

objectionable algal densities or nuisance aquatic vegetation, result in a

dominance of nuisance species, result in acute toxicity to any aquatic

biota or wildlife, adversely affect public health or safety, or otherwise

cause nuisance conditions.

(5)

Bottom deposits. All surface waters of the Tribe shall be free from

anthropogenic contaminants that may settle and have a deleterious

effect on the aquatic biota or that will significantly alter the physical or

chemical properties of the water or the bottom sediments.

(6)

Erosion. All waters of the Tribe shall be free from deleterious levels of

soil particles resulting from erosion of land involved in earthwork, such

as construction of public works, highways, infrastructure, or

commercial or industrial developments, or the cultivation and

management of agricultural or forested lands.

(7)

Dissolved Oxygen. Waters of the Tribe shall have dissolved oxygen

sufficient to support all designated uses of the Tribe and shall be free

from anthropogenic sources that cause hypoxia. Causes of hypoxia

include but are not limited to effluents and algal growth.

(b) All waters of the Tribe shall be free from pathogens at levels that impair human

health, aquatic life, water-dependent wildlife, or livestock and pets that are exposed to

the waters.

(c) Toxic pollutants from other than natural sources shall not be present in the waters

of the Tribe in quantities, concentrations, or combinations that are harmful or toxic to

human, wildlife, animal, plant or aquatic life; that interfere with the normal propagation,

growth, and survival of sensitive indigenous aquatic biota; or that will or are reasonably

expected to bioaccumulate in tissues of fish, shellfish, or other aquatic organisms to

levels that will impair the health of these organisms or result in unpalatable tastes,

offensive odors, or risks to human health. This includes but is not limited to toxins

resulting from the growth of algae caused by pollution, toxic chemicals and substances

associated with petroleum and petroleum byproducts, and toxic chemicals and

substances associated with chemical weapons and crowd control munitions. There shall

be no acute toxicity and no significant chronic toxicity in any waters of the Tribe. For

toxic substances lacking EPA-published criteria or if required to accommodate sitespecific conditions or to protect an important sensitive species, any scientifically

defensible method can be used to establish protective criteria or benchmarks.

(d) No person shall place into the Tribe’s waters, or onto the banks of the Tribe’s

waters in such a way as to allow the materials to enter the waters, any refuse, rubbish,

demolition or construction debris, trash, garbage, motor vehicles, motor vehicle parts,

batteries, appliances, tires, other non-ceremonial waste, or fill, sand, or similar material

except when used for the purpose of nonpoint source pollution control such as bank

stabilization or as authorized by a permit issued under 33 U.S.C. § 1344, as amended.

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CONFEDERATED TRIBES OF COOS, LOWER UMPQUA AND SIUSLAW INDIANS’ TRIBAL CODE

10-1-17 Narrative Standards for Minerals

The existing mineral content of the Tribe’s waters shall not be altered by municipal,

industrial, or in-stream activities or other waste discharges so as to interfere with their

designated uses.

10-1-18 Narrative Standards for Radioactive Materials

Concentrations of radioactive constituents from anthropogenic sources shall not exceed

Safe Drinking Water Act (“SDWA”) standards. Site-specific criteria may be developed if

it is found that the SDWA levels are not sufficiently stringent to protect any designated

use.

10-1-19 Narrative Standards for Biological Criteria

(a) All surface waters of the Tribe shall be of sufficient quality to support resident

biological communities.

(b) All waters of the Tribe shall be free from substances, whether attributable to point

source discharges, nonpoint sources, or instream activities, in concentrations or

combinations which would impair the structure or limit the function of the resident

aquatic community as it naturally occurs.

(c) Determination of impairment or limitation of the resident aquatic community may

be based on a comparison with the aquatic community found at an appropriate

reference site or region as determined by the DNR. “Appropriate reference site or

region" means a site on the same water body or within the same basin or eco-region

that has similar habitat conditions and which is expected to represent the water quality

and biological community attainable within the area(s) of concern.

(d) Waters shall be free from algae in concentrations causing a nuisance condition or

causing gastrointestinal or skin disorders or other adverse health effects.

(e) All waters of the Tribe shall be free from non-native forms of aquatic organisms in

concentrations which would alter the habitat, impair the structure, or limit the function of

the resident aquatic community as it naturally occurs, which would be detrimental to the

health or safety of the Tribe, or which would jeopardize the wildlife that depends upon

said waters for food or other support.

(f) Naturally occurring aquatic organisms shall not occur in densities which would

alter the habitat, impair the structure, or limit the function of the resident aquatic

community as it naturally occurs, which would be detrimental to the health or safety of

the Tribe, or which would jeopardize the wildlife that depends upon said waters for food

or other support.

10-1-20 Narrative Standards for Wildlife Criteria

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CONFEDERATED TRIBES OF COOS, LOWER UMPQUA AND SIUSLAW INDIANS’ TRIBAL CODE

All waters of the Tribe shall be of sufficient quality to protect and support all life stages

of resident and/or migratory wildlife species, excluding invasive species, which live in,

on, or near the waters of the Tribe.

10-1-21 Narrative Standards for Instream Flow

Those flows and levels, including tributary surface and ground waters, necessary to

sustain the physical, chemical, biological, and cultural integrity of the Tribe’s waters

shall be restored and maintained to the fullest extent practicable in order to

accommodate existing and designated uses. The DNR may set habitat-specific flows

and levels for existing and restored anadromous fish habitat in the Tribe's waters.

10-1-22 Narrative Standards for Wetlands

(a) All wetlands within CTCLUSI jurisdiction are waters of the Tribe. It shall be a goal

of the Tribe to maintain the water quality of wetlands at natural levels, within the

natural range of variation for the particular wetland. The existing water quality of

unimpaired wetlands and wetland functions and values shall be protected. The

Department recognizes that the water quality of wetlands may differ from that of

associated/adjacent streams, when applicable. For substances that are not naturally

occurring, water quality requirements shall be based upon protecting existing uses of

the wetland consistent with antidegradation requirements, the Tribe’s narrative water

quality criteria, or appropriate criteria issued by the EPA. Wetlands shall not be

considered as repositories or treatment systems for wastes from human sources.

(b) Designated uses. For all wetlands, the uses to be protected include but are not

limited to: baseflow discharge, cultural opportunities, flood flow attenuation,

groundwater recharge, indigenous floral and faunal diversity and abundance, nutrient

cycling, organic carbon export/cycling, protection of downstream water quality,

recreation, resilience against climatic effects, sediment/shoreline stabilization, surface

water storage, and water-dependent wildlife to the extent that such uses, functions,

and values occur as represented by least human-altered reference wetlands.

(c) Criteria. All wetlands shall maintain natural biological, physical, chemical, and

hydrological conditions - as determined by the stricter of either least-impacted

wetlands or reference wetlands - including, but not limited to: base flow, flow regime,

wetland hydroperiod; chemical, nutrient, dissolved oxygen regime of the wetland;

conditions favorable to protection and propagation of threatened, endangered, and atrisk species; conductivity; floristic quality; integrity of species diversity, abundance,

zonation; normal movement of fauna; pH of wetland waters; salinity; size shape; soil

type horizon structure; water currents, erosion, or sedimentation patterns; water levels

or elevations; and water temperature variations. Native wetland and riparian plants

shall not be removed without authorization by the Tribe, unless they are being

gathered by individual tribal members for cultural or ceremonial use. Wetlands shall be

presumed to provide habitat capable of supporting aquatic biota (e.g., fish,

macroinvertebrates, amphibians, or hydrophytic vegetation) on a regular or periodic

basis. CTCLUSI may, through the use of multi-metric indices of benthic

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CONFEDERATED TRIBES OF COOS, LOWER UMPQUA AND SIUSLAW INDIANS’ TRIBAL CODE

macroinvertebrates, fish, periphyton, or other appropriate wetland indicators, ensure

that the biological integrity of wetlands is maintained.

(d)

Antidegradation Policy for Wetlands:

(1)

Tier 1. For all wetlands, the water quality and conditions necessary to

protect existing uses shall be maintained.

(2)

Tier 2. There shall be no net loss to the water quality, functions,

values, area, or ecological integrity of high-quality wetlands, unless,

after satisfying applicable antidegradation provisions including

avoidance, minimization, and mitigation/replacement requirements,

the Tribe determines that allowing degradation is necessary to

accommodate important social or economic development in the area

in which the wetlands are located. This determination shall be made

in accordance with the requirements of the Implementation Plan of

these Standards.

(3)

Tier 3. There shall be no loss to the water quality, functions, values,

area, or ecological integrity of wetlands designated as Tier 3

Outstanding Tribal Waters.

10-1-23 Narrative Standards for Lakes and Ponds

All lakes and ponds within CTCLUSI jurisdiction are waters of the Tribe and are subject

to these Standards.

All water bodies identified as either lakes or ponds in these Standards must be free from

anthropogenically induced algal blooms that impair their use and enjoyment.

In addition to these narrative criteria, numeric criteria shall apply to waterbodies

identified as lakes or ponds.

10-1-24 Water Types

(a) Water types offer distinct habitats and conditions that reflect specific parameters,

thereby influencing designated uses. These waters are categorized as fresh,

estuarine, and marine.

(b) Freshwater criteria apply to waters in which the salinity is equal to or less than 1

part per thousand 95 percent or more of the time.

(c) Marine criteria apply for waters in which the salinity is equal to or greater than 10

parts per thousand 95 percent or more of the time. The term “marine” is

interchangeable with the phrase “saltwater” or “salt water.”

(d) Estuarine waters are defined as waters in which the salinity is between 1 and 10

parts per thousand, and bodies of water that do not meet the 95 percent time

constraint for fresh and marine water. When estuarine specific criteria are not

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CONFEDERATED TRIBES OF COOS, LOWER UMPQUA AND SIUSLAW INDIANS’ TRIBAL CODE

articulated, the applicable criteria are the more stringent of the freshwater or marine

criteria.

10-1-25 Designated Use Categories

Waterbodies are assigned designated uses based on historical use, Clean Water Act

requirements, and uses of value to the Tribes. Waters designated for any of these uses

shall not contain any substance at concentrations that would be deleterious to native

plants and wildlife or that could bioaccumulate or biomagnify to deleterious levels.

(a)

Cultural and Ceremonial Uses Including Primary Contact and Human Health.

Cultural and Ceremonial Uses Including Primary Contact and Human Health is the

designation given to waters used for fish consumption, play, recreation, relaxation,

amusement, enjoyment, cultural practices, physical exercise, ceremonial use, or any

other activity involving contact with the water. Examples of these uses include, but are

not limited to boating, fishing, wading, swimming, scenic value, gathering materials and

weaving. The water body is used for activities that may cause the human body to come

into direct contact with the water, including ingestion and the inhalation of vapor.

Numeric Criteria Applicable to the Cultural and Ceremonial Uses Including Primary

Contact and Human Health Use:

Turbidity

Conductivity

Total Phosphorus, Total Nitrogen, and Chlorophyll-a

Escherichia coli

Enterococci

Harmful Algal Blooms (HABs)

Human Health Toxic Substance Criteria

Aquatic Life Toxic Substance Criteria

(b)

Resident Fish and Aquatic Life.

General aquatic life use that applies to all waterbodies. These waterbodies provide

habitat for the indigenous aquatic communities that are naturally present in the waters.

The water is used for foraging, habitat, cover, and/or propagation, and the aquatic

ecosystem supports healthy aquatic life, including sensitive indigenous species in all of

their life stages naturally present in each water.

Numeric Criteria Applicable to the Resident and Aquatic Life Use:

Dissolved Oxygen

pH

Turbidity

Temperature

Conductivity

Total Phosphorus, Total Nitrogen, and Chlorophyll-a

Ocean Acidification

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CONFEDERATED TRIBES OF COOS, LOWER UMPQUA AND SIUSLAW INDIANS’ TRIBAL CODE

Aquatic Life Toxic Substance Criteria

(c)

Anadromous Fish Passage.

Waterbodies designated for Anadromous Fish Passage are used by native fish species

for migratory purposes.

Numeric Criteria Applicable to the Anadromous Fish Passage Use:

Dissolved Oxygen

pH

Turbidity

Temperature

Conductivity

Total Phosphorus, Total Nitrogen, and Chlorophyll-a

Aquatic Life Toxic Substance Criteria

(d)

Salmonid Rearing.

This designation applies to waterbodies that are thermally and environmentally suitable

rearing habitat for salmonids. It also applies to waterbodies that, in their natural state,

are suitable rearing habitat for salmonids. This designated use and the associated

criteria are to be applied year-round.

Numeric Criteria Applicable to the Salmonid Rearing Use:

Dissolved Oxygen

pH

Turbidity

Temperature

Conductivity

Total Phosphorus, Total Nitrogen, and Chlorophyll-a

Aquatic Life Toxic Substance Criteria

(e)

Salmonid Spawning.

This designation applies to waterbodies that are or could be used for salmonid

spawning, egg incubation, and fry emergence. This designated use and the associated

criteria are to be applied seasonally, from September 1 – June 15.

Numeric Criteria Applicable to the Salmonid Spawning Use:

Dissolved Oxygen

pH

Turbidity

Temperature

Page 28 of 59

CONFEDERATED TRIBES OF COOS, LOWER UMPQUA AND SIUSLAW INDIANS’ TRIBAL CODE

Conductivity

Total Phosphorus, Total Nitrogen, and Chlorophyll-a

Aquatic Life Toxic Substance Criteria

(f)

Shellfish Growing and Harvesting.

The Shellfish Growing and Harvesting designation applies to waterbodies used as a

habitat for shellfish, which may be harvested and consumed by humans. This

designated use applies on all waters of the Tribe.

Numeric Criteria Applicable to the Shellfish Growing and Harvesting Use:

Dissolved Oxygen

pH

Turbidity

Temperature

Conductivity

Total Phosphorus, Total Nitrogen, and Chlorophyll-a

Organisms commonly associated with fecal sources

Ocean Acidification

Aquatic Life Toxic Substance Criteria

(g)

Aquatic and Aquatic Dependent Wildlife.

This designation provides for the protection and propagation of wildlife. The Aquatic and

Aquatic Dependent Wildlife designated use applies to all waters of the Tribe.

Numeric Criteria Applicable to the Aquatic and Aquatic Dependent Wildlife Use:

Dissolved Oxygen

pH

Conductivity

Total Phosphorus, Total Nitrogen, and Chlorophyll-a

Ocean Acidification

Aquatic Life Toxic Substance Criteria

10-1-26 Designated Use Modifications

(a) Modifications to designated uses, including the addition or removal of a

designated use or establishment of a use subcategory, may be made pursuant to the

provisions of this section and consistent with the requirements of 40 C.F.R. §131.10.

(b) Designated use modifications must be approved by Council, consistent with the

requirements of 40 C.F.R. § 131.10. Whenever the CTCLUSI revises these standards,

such revisions will be sent to the EPA for review and approval.

Page 29 of 59

CONFEDERATED TRIBES OF COOS, LOWER UMPQUA AND SIUSLAW INDIANS’ TRIBAL CODE

10-1-27 Designated Use Locations

(a)

Designated Uses of the Waters of the Tribe

This table lists the surface waters within the boundaries of the Tribal Reservation and

trust land and the designated uses associated with each water body.

Sixes River

Sixes

Curry

County

Wetlands

associated with

Sixes River

Talbot

Coos

County

Big Creek

Aquatic Dependent

Wildlife

Curry

County

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

Shellfish Growing

and Harvesting

Sixes

Salmonid

Spawning

Surface Water

Salmonid Rearing

Location

Anadromous Fish

Passage

Tract

Cultural and

Ceremonial Uses

Including Primary

Contact and

Resident Fish and

Human Health

Aquatic Life

Table 1: Designated Uses of the Waters of the Tribe

Freshwater

Talbot

Macy

Pkiitii (Upper

Lake Creek)

Pkiitii (Upper

Lake Creek)

Lower Smith

Lower Smith

Lower Smith

Coos

County

Douglas

County

Lane

County

Lane

County

Douglas

County

Douglas

County

Douglas

County

Streams and

wetlands

immediately

adjacent to Big

Tributary

Streams and

wetlands

immediately

adjacent to the

Umpqua River

Lake Creek

Pucker Creek

Spencer Creek

Bear Creek

Coon Creek

Page 30 of 59

Lower Smith

Tioga

Tioga

Tioga

Tioga

Tioga

Cedar Creek

Johnson Creek

Rachel Creek

Tioga Creek

Gooseberry

Creek

Wilson’s Folly

Creek

Bear Gulch

Burnt Tributary

Aquatic Dependent

Wildlife

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

Shellfish Growing

and Harvesting

Salmonid

Spawning

Lower Smith

Douglas

County

Douglas

County

Douglas

County

Coos

County

Coos

County

Coos

County

Coos

County

Coos

County

Surface Water

Salmonid Rearing

Lower Smith

Location

Anadromous Fish

Passage

Tract

Cultural and

Ceremonial Uses

Including Primary

Contact and

Resident Fish and

Human Health

Aquatic Life

CONFEDERATED TRIBES OF COOS, LOWER UMPQUA AND SIUSLAW INDIANS’ TRIBAL CODE

Estuarine

Hatch

Lane

County

Hatch

Lane

County

Umpqua

Eden

Douglas

County

Umpqua

Eden

Douglas

County

Wu’a’lach

Coos

County

Coos

County

Coos

County

Fossil Point

Unit 1 & 3

Kentuck

Slough

North Fork

Siuslaw River

Wetlands

immediately

adjacent to NF

Siuslaw

Umpqua River

Streams and

wetlands

immediately

adjacent to the

Umpqua River

Coos River,

Coos Bay

Coos River,

Coos Bay

Kentuck Slough

Page 31 of 59

Gregory

Point

Coos

County

Pacific Ocean

Gregory

Point

Coos

County

Wetlands

immediately

adjacent to the

Pacific Ocean

Coos Head

Coos

County

Pacific Ocean

Coos

County

Wetlands

immediately

adjacent to the

Pacific Ocean

Coos Head

Shellfish Growing

and Harvesting

Aquatic Dependent

Wildlife

Marine

Salmonid

Spawning

Surface Water

Salmonid Rearing

Location

Anadromous Fish

Passage

Tract

Cultural and

Ceremonial Uses

Including Primary

Contact and

Resident Fish and

Human Health

Aquatic Life

CONFEDERATED TRIBES OF COOS, LOWER UMPQUA AND SIUSLAW INDIANS’ TRIBAL CODE

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

10-1-28 Numeric Criteria

(a)

Dissolved Oxygen.

(1)

Dissolved Oxygen Criteria for: Resident Fish and Aquatic Life,

Anadromous Fish Passage; Salmonid Rearing; Aquatic and Aquatic

Dependent Wildlife

(A) In fresh water, dissolved oxygen may not be less than 8.0

mg/L as an absolute minimum. Where natural conditions of

barometric pressure, altitude, and temperature preclude

attainment of the 8.0 mg/l, dissolved oxygen may not be less

than 90 percent of saturation.

(B) In estuarine water, dissolved oxygen may not be less than 6.5

mg/L.

(2)

Dissolved Oxygen Criteria for: Salmonid Spawning

(A) For waterbodies identified as active or potentially active

spawning sites, the dissolved oxygen must not be less than

11.0 mg/L as an absolute minimum. However, if the minimum

Page 32 of 59

CONFEDERATED TRIBES OF COOS, LOWER UMPQUA AND SIUSLAW INDIANS’ TRIBAL CODE

intergravel dissolved oxygen, measured as a spatial median, is

8.0 mg/l or greater, then the DO criterion is 9.0 mg/L as an

absolute minimum; Where natural conditions of barometric

pressure, altitude, and temperature preclude attainment of the

11.0 mg/L or 9.0 mg/L criteria, dissolved oxygen levels must

not be less than 95 percent of saturation; The spatial median

intergravel dissolved oxygen concentration must not fall below

8.0 mg/L.

(3)

Dissolved Oxygen Criteria for: Shellfish Growing and Harvesting

(A) In fresh water and estuarine water, dissolved oxygen may not

be less than 8.0 mg/l as an absolute minimum. Where natural

conditions of barometric pressure, altitude, and temperature

preclude attainment of the 8.0 mg/l, dissolved oxygen may not

be less than 90 percent of saturation.

(b)

pH.

(1)

pH Criteria for: Resident Fish and Aquatic Life; Anadromous Fish

Passage; Salmonid Rearing; Salmonid Spawning; Shellfish Growing

and Harvesting; Aquatic and Aquatic Dependent Wildlife

(A) For fresh and estuarine waters, pH must remain 6.5-8.5.

(B) For marine, pH must remain 7.8-8.5.

(C) Human caused variation within these ranges must be less than

0.2 units.

(D) To account for the influence of coastal upwelling on natural

variability in pH levels in marine and estuarine waters, site

specific criteria may be adopted based on the best available

science.

(c)

Turbidity.

(1)

Turbidity Criteria for: Cultural and Ceremonial Uses Including Primary

Contact and Human Health; Resident Fish and Aquatic Life;

Anadromous Fish Passage; Salmonid Rearing; Salmonid Spawning;

Shellfish Growing and Harvesting; Aquatic and Aquatic Dependent

Wildlife

(A) Turbidity must not exceed 5 NTU above natural conditions

when the natural turbidity is 50 NTU or less and must not have

more than 10% increase in turbidity above the natural

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CONFEDERATED TRIBES OF COOS, LOWER UMPQUA AND SIUSLAW INDIANS’ TRIBAL CODE

condition when the natural turbidity is more than 50 NTU, not

to exceed a maximum increase of 25 NTU.

(d)

Temperature.

(1)

Temperature Criteria Implementation

(A) Air Temperature Exclusion. A water body that only exceeds

the criteria when the exceedance is attributed to daily

maximum air temperatures that exceed the 90th percentile

value of annual maximum seven-day average maximum air

temperatures calculated using at least 10 years of air

temperature data, will not be listed on the Section 303(d) list of

impaired waters and sources will not be considered in

violation.

(2)

Temperature Criteria for: Resident Fish and Aquatic Life; Aquatic and

Aquatic Dependent Wildlife

(A) The seven-day-average maximum temperature of a water

body identified in Table 1 as having Resident Fish and Aquatic

Life or Aquatic and Aquatic Dependent Wildlife habitat may not

exceed 16.0 degrees Celsius.

(3)

Temperature Criteria for: Anadromous Fish Passage

(A) For waters identified in Table 1 as having an anadromous fish

passage use, the seven-day average maximum temperature

shall not exceed 18.0 degrees Celsius. In addition, these water

bodies must have cold water refugia that are sufficiently

distributed so as to allow salmon and steelhead migration

without significant adverse effects from higher water

temperatures elsewhere in the water body.

(4)

Temperature Criteria for: Salmonid Rearing

(A) For waters identified in Table 1 as having salmonid rearing and

migration use, the seven-day average maximum temperature

must not exceed 18. 0 degrees Celsius.

(5)

Temperature Criteria for: Salmonid Spawning

(A) For waters identified in Table 1 as having salmonid spawning

use, the seven-day average maximum temperature must not

exceed 13.0 Celsius from September 1 through June 15.

Page 34 of 59

CONFEDERATED TRIBES OF COOS, LOWER UMPQUA AND SIUSLAW INDIANS’ TRIBAL CODE

(6)

Temperature Criteria for: Shellfish Growing and Harvesting

(A) Temperatures in waters with shellfish growing and harvesting

may not rise more than 0.3 degrees Celsius above the natural

condition.

(e)

Total Phosphorus.

(1)

Phosphorus Criteria for: Cultural and Ceremonial Uses Including

Primary Contact and Human Health; Resident Fish and Aquatic Life;

Anadromous Fish Passage; Salmonid Rearing; Salmonid Spawning;

Shellfish Growing and Harvesting; Aquatic and Aquatic Dependent

Wildlife.

(A) Site-specific criteria may be established for total phosphorus

that reflect the physical, chemical, and/or biological conditions

of a specific water body or water body segment. These criteria

should reflect the natural condition in waterbodies where

natural conditions are possible to determine. Otherwise, they

may be developed by incorporating site-specific water quality

data into the most recent phosphorus models developed by

the EPA, or by another method that is based on sound

scientific rationale.

(B) When site-specific criteria have not been adopted for rivers

and streams, the total phosphorus criterion shall be 10 µg/L as

a seasonal geometric mean over the growing season (March –

September).

(C) When site-specific criteria have not been adopted for lakes

and reservoirs, the total phosphorus criterion shall be 13 µg/L

as a seasonal geometric mean over the growing season

(March – September).

(D) When site-specific criteria have not been adopted for marine

waters, the phosphate criteria shall be 76 µg/L as a seasonal

mean, and shall not be exceeded more than once every four

years.

(f)

Total Nitrogen.

Page 35 of 59

CONFEDERATED TRIBES OF COOS, LOWER UMPQUA AND SIUSLAW INDIANS’ TRIBAL CODE

(1)

Nitrogen Criteria for: Cultural and Ceremonial Uses Including Primary

Contact and Human Health; Resident Fish and Aquatic Life;

Anadromous Fish Passage; Salmonid Rearing; Salmonid Spawning;

Shellfish Growing and Harvesting; Aquatic and Aquatic Dependent

Wildlife.

(A) Site specific criteria may be established for total nitrogen that

reflect the physical, chemical, and/or biological conditions of a

specific water body or water body segment. These criteria

should reflect natural conditions in waterbodies where natural

conditions are possible to determine. Otherwise, they may be

developed or by incorporating site-specific water quality data

into the most recent nitrogen models developed by the EPA, or

by another method that is based on sound scientific rationale.

(B) When site-specific criteria have not been adopted for rivers

and streams, the total nitrogen criterion shall be 120 µg/L as a

seasonal geometric mean over the growing season (March –

September).

(C) When site-specific criteria have not been adopted for lakes

and reservoirs, the total nitrogen criterion shall be 69 µg/L as a

seasonal geometric mean as a seasonal geometric mean over

the growing season (March – September).

(D) When site-specific criteria have not been adopted for marine

waters, the nitrogen (dissolved inorganic nitrogen) criterion

shall be 424 µg/L as a seasonal mean, and shall not be

exceeded more than once every four years.

(g)

Chlorophyll-a.

(1)

Chlorophyll-a Criteria for: Cultural and Ceremonial Uses Including

Primary Contact and Human Health; Resident Fish and Aquatic Life;

Anadromous Fish Passage; Salmonid Rearing; Salmonid Spawning;

Shellfish Growing and Harvesting; Aquatic and Aquatic Dependent

Wildlife.

(A) Site-specific criteria may be established for chlorophyll-a that

reflect the physical, chemical, and/or biological conditions of a

specific water body or water body segment. These criteria

should reflect the natural conditions in waterbodies where

natural conditions are possible to determine. Otherwise, they

may be developed by incorporating site-specific water quality

data into the most recent chlorophyll-a models developed by

Page 36 of 59

CONFEDERATED TRIBES OF COOS, LOWER UMPQUA AND SIUSLAW INDIANS’ TRIBAL CODE

the EPA, or by another method that is based on sound

scientific rationale.

(B) When site-specific criteria have not been adopted for rivers

and streams, chlorophyll-a, expressed as the 1-day maximum

(“1-DMax”), the criterion shall be 1.08 µg/L as a seasonal

geometric mean over the growing season (March –

September).

(C) When site-specific criteria have not been adopted for lakes

and reservoirs, the chlorophyll-a criterion expressed as a

seasonal geometric mean shall be 3 µg/L as a seasonal

geometric mean over the growing season (March –

September).

(D) When site-specific criteria have not been adopted for marine

waters, the chlorophyll-a criterion shall be 5.0 ug/L as a

seasonal mean, and shall not be exceeded more than once

every four years.

(h)

Escherichia coli.

(1)

E Coli. Criteria for: Cultural and Ceremonial Uses Including Primary

Contact and Human Health in fresh, estuarine, and marine waters.

For fresh waters, either E. coli or enterococci may be used as the

indicator to assess fecal contamination.

(A) E. coli organism levels must not exceed a geometric mean

(GM) value of 100 colonies/100mL over a 30-day rolling

average period, with a statistical threshold value (“STV”) of

320 colonies/100mL being exceeded no more than 10 percent

of the time within the same 30-day rolling period. The water

body GM should not be greater than the selected GM

magnitude in any 30-day interval.

(B) In addition, a Beach Action Value (“BAV”) based on the 75th

percentile value that corresponds to the indicator and illness

rate in these Standards is adopted. The BAV is 190

colonies/100 mL.

(i)

Enterococci.

Page 37 of 59

CONFEDERATED TRIBES OF COOS, LOWER UMPQUA AND SIUSLAW INDIANS’ TRIBAL CODE

(1)

Enterococci Criteria for: Cultural and Ceremonial Uses Including

Primary Contact and Human Health in fresh, estuarine, and marine

waters.

For fresh waters, either E. coli or enterococci may be used as the

indicator to assess fecal contamination.

(A) Enterococci organism levels must not exceed a geometric

mean (“GM”) contact value of 30 colonies/100mL over a 30

day rolling average period, with the statistical threshold value

(“STV”) of 110 colonies/100mL being exceeded no more than

10 percent of the time within the same 30-day period. The

water body GM should not be greater than the selected GM

magnitude in any 30-day interval.

(B) In addition, a Beach Action Value (“BAV”) based on the 75th

percentile value that corresponds to the indicator and illness

rate in these Standards is adopted. The BAV is 60

colonies/100 mL.

(j)

Organisms commonly associated with fecal sources.

(1)

Fecal Source Organisms Criteria for: Shellfish Growing and

Harvesting.

(A) Total coliform organism levels must not exceed a geometric

mean value of 70 colonies/100mL, with not more than 10

percent of all samples (or any single sample when less than

ten samples points exist) obtained for calculating the

geometric mean value exceeding 230 colonies/100mL for a

five-tube decimal dilution test or other National Shellfish

Sanitation Program (“NSSP”) test, fecal coliform organism

levels must not exceed a geometric mean value of 14

colonies/100mL, with not more than 10 percent of all samples

(or any single sample when less than ten samples points exist)

obtained for calculating the geometric mean value exceeding

43 colonies/100mL for a five-tube decimal dilution test or other

NSSP test.

(k)

Harmful Algal Blooms (“HABs”).

(1)

Harmful Algal Bloom Criteria for: Cultural and Ceremonial Uses

Including Primary Contact and Human Health.

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CONFEDERATED TRIBES OF COOS, LOWER UMPQUA AND SIUSLAW INDIANS’ TRIBAL CODE

The maximum allowances not to be exceeded on any single day are as

follows:

(A) Anatoxin-A (15 μg/L);

(B) Total microcystins (8 μg/L);

(C) Cylindrospermopsin (15 μg/L);

(D) Saxitoxin (8 μg/L).

(l)

Ocean Acidification Criteria.

(1)

Ocean Acidification Criteria for: Resident Fish and Aquatic Life,

Shellfish Growing and Harvesting, Aquatic and Aquatic Dependent

Wildlife.

(A) For marine waters, aragonite saturation state (“Ωar”) shall

never fall below 1.0;

(B) For marine waters, the average of the aragonite saturation

state shall not fall below 1.5 for any 48-hour period; and

(C) For all waters, aragonite saturation state shall be sufficient to

fully support calcification of marine organisms, including

shellfish.

10-1-29 Toxic Substance Criteria

(a) Toxic substances shall not be introduced through human caused or related

means to surface waters of the CTCLUSI that have the potential either singularly or

cumulatively to adversely affect existing or designated water uses, cause acute or

chronic toxicity to the most sensitive biota dependent upon those waters, or adversely

affect public health, except as authorized by this document. CTCLUSI adopts these

criteria to apply to all surface waters of the Tribe.

(b) Criteria for toxic and other substances not listed will be determined with

consideration of the most recent published version of EPA National Recommended

Water Quality Criteria, and other relevant information as appropriate.

(c) The Department shall employ or require chemical testing, acute and/or chronic

toxicity testing, biological assessments, and/or other assessment methods as

Page 39 of 59

CONFEDERATED TRIBES OF COOS, LOWER UMPQUA AND SIUSLAW INDIANS’ TRIBAL CODE

appropriate to evaluate compliance with these Standards. Where necessary, DNR

shall establish controls to ensure that aquatic communities and the existing and

designated beneficial uses of the waters of the Tribe are fully protected.

10-1-30 Fish Consumption Rate

CTCLUSI Human Health toxic substance criteria assume a fish consumption rate of 175

grams per day and a cancer risk of 10^-6.

10-1-31 Toxic Substance Criteria for the Protection of Human Health

Table 2: Human Health Toxic Substance Criteria

Pollutant

CAS

Number

Criterion for

Consumption of

Water and

Organisms

(μg/L)

Criterion for

Consumption of

Organisms Only

(μg/L)

1. Acenaphthene

83329

10

10

2. Acrolein

107028

0.88

0.93

3. Acrylonitrile

107131

0.018

0.025

4. Aldrin

309002

9.4e-8

9.4e-8

5. Anthracene

120127

40

40

6. Antimony

7440360

5.1

64

7. Arsenic

7440382

0.0045

0.0059

8. Asbestos

1332214

7,000,000

fibers/L

--

9. Barium

7440393

1000

--

10. Benzene

71432

0.44

1.4

Page 40 of 59

CONFEDERATED TRIBES OF COOS, LOWER UMPQUA AND SIUSLAW INDIANS’ TRIBAL CODE

Pollutant

CAS

Number

Criterion for

Consumption of

Water and

Organisms

(μg/L)

Criterion for

Consumption of

Organisms Only

(μg/L)

11. Benzidine

92875

0.000018

0.000020

12. Benz(a)anthracene

56553

0.00016

0.00016

13. Benzo(a)pyrene

50328

0.000016

0.000016

14. Benzo(b)fluoranthene

205992

0.00016

0.00016

15. Benzo(k)fluoranthene

207089

0.0013

0.0016

16. BHC Alpha

319846

0.000047

0.000047

17. BHC Beta

319857

0.0016

0.0017

18. BHC Gamma (Lindane)

58899

0.17

0.18

19. Bromoform

75252

3.3

14

20. Butylbenzyl Phthalate

85687

0.01

0.01

21. Carbon Tetrachloride

56235

0.10

0.16

22. Chlordane

57749

0.000038

0.000038

23. Chlorobenzene

108907

60

100

24. Chlorodibromomethane

124481

0.31

1.3

25. Chloroethyl Ether bis 2

111444

0.020

0.053

26. Chloroform

67663

50

300

27. (Chloro-1-Mehtylethyl)

Ether, bis 2

108601

200

400

28. Chloromethyl ether, bis

542881

0.000024

0.000029

Page 41 of 59

CONFEDERATED TRIBES OF COOS, LOWER UMPQUA AND SIUSLAW INDIANS’ TRIBAL CODE

Pollutant

CAS

Number

Criterion for

Consumption of

Water and

Organisms

(μg/L)

Criterion for

Consumption of

Organisms Only

(μg/L)

29. Chloronaphthalene 2

91587

100

100

30. Chlorophenol 2

95578

14

15

31. Chlorophenoxy Herbicide

(2,4,5,-TP)

93721

40

50

32. Chlorophenoxy Herbicide

(2,4-D)

94757

720

1500

33. Chrysene

218019

0.0013

0.0018

34. Copper

7440508

1300

--

35. Cyanide

The cyanide criterion is

expressed as total cyanide

(CN)/L.

57125

4

50

36. DDD 4,4’

72548

0.000015

0.000015

37. DDE 4,4’

72559

0.0000021

0.0000021

38. DDT 4,4’

50293

0.000004

0.000004

39. Dibenzo(a,h) Anthracene

53703

0.000016

0.000016

40. Dichlorobenzene(m) 1,3

541731

2

2

41. Dichlorobenzene(o) 1,2

95501

110

130

42. Dichlorobenzene(p) 1,4

106467

16

19

43. Dichlorobenzidine 3,3'

91941

0.0027

0.0028

44. Dichlorobromomethane

75274

0.42

1.7

Page 42 of 59

CONFEDERATED TRIBES OF COOS, LOWER UMPQUA AND SIUSLAW INDIANS’ TRIBAL CODE

Pollutant

CAS

Number

Criterion for

Consumption of

Water and

Organisms

(μg/L)

Criterion for

Consumption of

Organisms Only

(μg/L)

45. Dichloroethane 1,2

107062

0.35

3.7

46. Dichloroethylene 1,1

75354

230

710

47. Dichloroethylene trans 1,2

156605

100

500

48. Dichlorophenol 2,4

120832

5

7

49. Dichloropropane 1,2

78875

0.38

1.5

50. Dichloropropene 1,3

542756

0.23

1.4

51. Dieldrin

60571

1.5e-7

1.5e-7

52. Diethyl Phthalate

84662

80

80

53. Dimethyl Phthalate

131113

200

200

54. Dimethylphenol 2,4

105679

76

85

55. Di-n-butyl Phthalate

84742

3

3

56. Dinitrophenol 2,4

51285

10

40

57. Dintrophenols

25550587

10

100

58. Dinitrotoluene 2,4

121142

0.04

0.2

59. Dioxin (2,3,7,8-TCDD)

Total Toxic Equivalents

1746016

0.00000000051

0.00000000051

60. Diphenylhydrazine 1,2

122667

0.014

0.020

61. Endosulfan Alpha

959988

3

3

62. Endosulfan Beta

33213659

5

5

Page 43 of 59

CONFEDERATED TRIBES OF COOS, LOWER UMPQUA AND SIUSLAW INDIANS’ TRIBAL CODE

Pollutant

CAS

Number

Criterion for

Consumption of

Water and

Organisms

(μg/L)

Criterion for

Consumption of

Organisms Only

(μg/L)

63. Endosulfan Sulfate

1031078

4

5

64. Endrin

72208

0.004

0.004

65. Endrin Aldehyde

7421934

0.030

0.030

66. Ethylbenzene

100414

14

15

67. Ethylhexyl Phthalate bis 2

117817

0.045

0.046

68. Fluoranthene

206440

2

2

69. Fluorene

86737

8

8

70. Heptachlor

76448

7.1e-7

7.1e-7

71. Heptachlor Epoxide

1024573

0.0000039

0.0000039

72. Hexachlorobenzene

118741

0.0000096

0.0000096

73. Hexachlorobutadiene

87683

0.001

0.001

74. Hexachlorocyclo-hexaneTechnical

608731

0.0012

0.0012

75. Hexaclorocyclopentadiene

77474

0.5

0.5

76. Hexachloroethane

67721

0.02

0.02

77. Indeno(1,2,3-cd)pyrene

193395

0.00016

0.00016

78. Isophorone

78591

27

96

79. Manganese

7439965

50

100

80. Methoxychlor

72435

0.002

0.002

Page 44 of 59

CONFEDERATED TRIBES OF COOS, LOWER UMPQUA AND SIUSLAW INDIANS’ TRIBAL CODE

Pollutant

CAS

Number

Criterion for

Consumption of

Water and

Organisms

(μg/L)

Criterion for

Consumption of

Organisms Only

(μg/L)

81. Methyl Bromide

74839

37

150

82. Methyl-4-chlorophenol 3-

59507

200

300

83. Methyl-4,6-dinitrophenol 2

534521

1

3

84. Methylene Chloride

75092

4.3

59

0.03 mg/kg

0.03 mg/kg

85. Methylmercury (mg/kg)

22967926

This value is expressed as the

fish tissue concentration of

methylmercury. Contaminated

fish and shellfish is the

primary human route of

exposure to methylmercury.

86. Nickel

7440020

30

40

87. Nitrates

Criteria for these pollutants

are from the National

Recommended Water Quality

Criteria - Human Health

Criteria Table. They are not

calculated based on this

table's inputs for fish

consumption rate and cancer

risk level.

14797558

10000

--

88. Nitrobenzene

98953

10

70

89. Nitrosamines

35576911

0.000756

0.046

90. Nitrosodibutylamine, N

924163

0.0049

0.022

91. Nitrosodiethylamine, N

55185

0.000756

0.046

Page 45 of 59

CONFEDERATED TRIBES OF COOS, LOWER UMPQUA AND SIUSLAW INDIANS’ TRIBAL CODE

Pollutant

CAS

Number

Criterion for

Consumption of

Water and

Organisms

(μg/L)

Criterion for

Consumption of

Organisms Only

(μg/L)

92. Nitrosodimethylamine, N

62759

0.00065

0.30

93. Nitrosodi-n propylamine, N

621647

0.0044

0.051

94. Nitrosodiphenylamine, N

86306

0.55

0.60

95. Nitrosopyrrolidine, N

930552

0.016

3.4

96. Pentachlorobenzene

608935

0.01

0.01

97. Pentachlorophenol

87865

0.004

0.004

98. Phenol

108952

4000

30000

99. Polychlorinated Biphenyls

(PCBs)

1336363

0.0000064

0.0000064

100. Pyrene

129000

3

3

101. Selenium

7782492

20

100

102. Tetrachlorobenzene,

1,2,4,5-

95943

0.004

0.004

103. Tetrachloroethane

1,1,2,2

79345

0.1

0.3

104. Tetrachloroethylene

127184

0.24

0.33

105. Thallium

7440280

0.043

0.047

106. Toulene

108883

32

63

107. Toxaphene

8001352

0.000028

0.000028

108. Trichlorobenzene 1,2,4

120821

0.0092

0.0092

Page 46 of 59

CONFEDERATED TRIBES OF COOS, LOWER UMPQUA AND SIUSLAW INDIANS’ TRIBAL CODE

Pollutant

CAS

Number

Criterion for

Consumption of

Water and

Organisms

(μg/L)

Criterion for

Consumption of

Organisms Only

(μg/L)

109. Trichloroethane, 1,1,1

71556

8000

20000

110. Trichloroethane 1,1,2

79005

0.38

1.1

111. Trichloroethylene

79016

0.4

0.8

112. Trichlorophenol 2,4,6

88062

0.23

0.24

113. Trichlorophenol, 2, 4, 5-

95954

60

70

114. Vinyl Chloride

75014

0.02

0.2

115. Zinc

7440666

500

600

10-1-32 Toxic Substance Criteria for the Protection of Aquatic Life

Table 3: Aquatic Life Toxic Substance Criteria

Pollutant

CAS

Number

Freshwater

(μg/L)

Marine

(μg/L)

Acute

Criterion

(CMC)A

Chronic

Criterion

(CCC)A

Acute

Criterion

(CMC)A

Chronic

Criterion

(CCC)A

1. Acrolein

107028

3

3

--

--

2. Aldrin

309002

1.5

--

0.65

--

3. Alkalinity

NA

See 10-1-33: Alkalinity

4. Aluminum

7429905

See 10-1-34: Aluminum

Page 47 of 59

CONFEDERATED TRIBES OF COOS, LOWER UMPQUA AND SIUSLAW INDIANS’ TRIBAL CODE

Pollutant

CAS

Number

Freshwater

(μg/L)

Acute

Criterion

(CMC)A

Chronic

Criterion

(CCC)A

Marine

(μg/L)

Acute

Criterion

(CMC)A

Chronic

Criterion

(CCC)A

5. Ammonia

7664417

See 10-1-35: Ammonia

6. Arsenic

See 10-1-36: Arsenic

7440382

340

150

69

36

7. Cadmium

7440439

See 10-1-37:

HardnessDependent

Dissolved

Metals

33

7.9

8. Carbaryl

63252

2.1

2.1

1.6

--

9. Chlordane

57749

1.2

0.0043

0.045

0.004

10. Chloride

16887006

860,00

0

230,00

0

--

--

11. Chlorine

7782505

19

11

13

7.5

12. Chromium III

16065831

See 10-1-37:

HardnessDependent

Dissolved Metals

--

--

13. Chromium VI

Expressed in terms of

“dissolved” concentrations in

the water column.

18540299

1100

50

14. Copper

7440508

16

11

See 10-1-39: Copper

Page 48 of 59

CONFEDERATED TRIBES OF COOS, LOWER UMPQUA AND SIUSLAW INDIANS’ TRIBAL CODE

Pollutant

15. Cyanide

CAS

Number

57125

16. Sum of DDT, DDD, and DDE

Freshwater

(μg/L)

Marine

(μg/L)

Acute

Criterion

(CMC)A

Chronic

Criterion

(CCC)A

Acute

Criterion

(CMC)A

Chronic

Criterion

(CCC)A

22

5.2

1

1

0.55

0.001

0.065

0.001

17. Demeton

8065483

--

0.1

--

0.1

18. Diazinon

333415

0.17

0.17

0.82

0.82

19. Dieldrin

60571

0.24

0.056

0.355

0.0019

115297,

959988,

33213659

0.11

0.056

0.017

0.0087

21. Endrin

72208

0.086

0.036

0.037

0.0023

22. Guthion

86500

--

0.01

--

0.01

23. Heptachlor

76448

0.26

0.0038

0.0265

0.0036

24. Heptachlor Epoxide

1024573

0.26

0.0038

0.0265

0.0036

25. Iron (total)

7439896

--

1000

--

--

26. Lead

7439921

See 10-1-37:

HardnessDependent

Dissolved

Metals

210

8.1

20. Sum of Endosulfan

Page 49 of 59

CONFEDERATED TRIBES OF COOS, LOWER UMPQUA AND SIUSLAW INDIANS’ TRIBAL CODE

Pollutant

CAS

Number

Freshwater

(μg/L)

Marine

(μg/L)

Acute

Criterion

(CMC)A

Chronic

Criterion

(CCC)A

Acute

Criterion

(CMC)A

Chronic

Criterion

(CCC)A

27. Malathion

121755

--

0.1

--

0.1

28. Mercury

See 10-1-38: Mercury

7439976

1.4

0.012

1.8

0.025

29. Methoxychlor

72435

--

0.03

--

0.03

30. Mirex

2385855

--

0.001

--

0.001

31. Nickel

7440020

See 10-1-37:

HardnessDependent

Dissolved

Metals

74

8.2

32. Nonylphenol

84852153

28

6.6

7

1.7

33. Parathion

56382

0.065

0.013

--

--

34. Pentachlorophenol

87865

See 10-1-40:

Pentachlorophenol

13

7.9

--

0.03

35. Polychlorinated Biphenyls

(PCBs)

NA

--

0.014

36. Selenium

7782492

See 10-1-41:

Selenium

290

71

37. Silver

7440224

See 10-1-37:

HardnessDependent

0.95

--

Page 50 of 59

CONFEDERATED TRIBES OF COOS, LOWER UMPQUA AND SIUSLAW INDIANS’ TRIBAL CODE

Pollutant

CAS

Number

Freshwater

(μg/L)

Acute

Criterion

(CMC)A

Chronic

Criterion

(CCC)A

Marine

(μg/L)

Acute

Criterion

(CMC)A

Chronic

Criterion

(CCC)A

Dissolved

Metals

38. Sulfide Hydrogen Sulfide

7783064

--

2

--

2

39. Toxaphene

8001352

0.73

0.0002

0.21

0.0002

40. Tributyltin (TBT)

688733

0.46

0.072

0.42

0.0074

41. Zinc

7440666

See 10-1-37:

HardnessDependent

Dissolved Metals

90

81

Footnote A: Note on Acute and Chronic Criterion Application: Unless otherwise noted

in the alphabetized footnotes within this table, the Acute Criterion is the Criterion

Maximum Concentration (“CMC”) applied as a one-hour average concentration, and

the chronic criterion is the Criterion Continuous Concentration (“CCC”) applied as a

96-hour (4 days) average concentration. The CMC and CCC criteria may not be

exceeded more than once every three years.

10-1-33 Alkalinity

Alkalinity in fresh waters must exceed 20 mg/L and must not fall below 75% of the

natural level. Where alkalinity is naturally less than 20 mg/L, alkalinity may not be

reduced below natural levels. The result is reported as milligrams per liter as calcium

carbonate (“mg/L CaCO3”).

10-1-34 Aluminum

Aluminum varies as a function of a site's pH, total hardness, and dissolved organic

carbon (“DOC”) entered into the EPA’s aluminum criteria calculator. Values will be

different under differing water chemistry conditions. CMC applied as a one-hour, total

recoverable aluminum concentration, and the CCC applied as a 96-hour (4 days) total

recoverable aluminum concentration. The CMC and CCC criteria may not be

Page 51 of 59

CONFEDERATED TRIBES OF COOS, LOWER UMPQUA AND SIUSLAW INDIANS’ TRIBAL CODE

exceeded more than once every three years on average. Acute (CMC) and chronic

(CCC) freshwater aluminum criteria values for a site shall be calculated using the 2018

Aluminum Criteria Calculator (Aluminum Criteria Calculator V.2.0.xlsx, or a calculator in

R or other software package using the same 1985 Guidelines calculation approach and

underlying model equations as in the Aluminum Criteria Calculator V.2.0.xlsx) as

established in EPA’s Final Aquatic Life Ambient Water Quality Criteria for Aluminum

2018 (EPA 822–R–18–001).

To apply the aluminum criteria for Clean Water Act purposes, criteria values based on

ambient water chemistry conditions must protect the water body over the full range of

variability, including during conditions when aluminum is most toxic.

10-1-35 Ammonia

(a)

Acute Ammonia Aquatic Life Criteria for Fresh Waters.

The one-hour average concentration of total ammonia nitrogen (in mg N/L) may not

exceed, more than once every three years on the average, the CMC (acute criterion)

calculated using the following equation:

Tables 5a of the EPA ammonia criteria document, Aquatic Life Ambient Water Quality

Criteria for Ammonia - Freshwater, 2013 (EPA 822-R-13-001, April 2013) may be used

to determine CMC values. When using these tables, measured temperature and pH

values that fall between available table values shall be rounded up to yield protective

criteria.

(b)

Chronic Ammonia Aquatic Life Criteria for Fresh Waters.

The 30-day rolling average concentration of total ammonia nitrogen (in mg N/L) may not

exceed, more than once every three years on the average, the CCC (chronic criterion)

calculated using the following equation:

(1)

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

may not exceed 2.5 times the CCC more than once in three years on

average.

Page 52 of 59

CONFEDERATED TRIBES OF COOS, LOWER UMPQUA AND SIUSLAW INDIANS’ TRIBAL CODE

(2)

(c)

Table 6 of the EPA ammonia criteria document, Aquatic Life Ambient

Water Quality Criteria for Ammonia - Freshwater, 2013 (EPA 822-R13-001, April 2013) may be used to determine CCC values. When

using this table, measured temperature and pH values that fall

between available table values shall be rounded up to yield protective

criteria.

Ammonia Aquatic Life Criteria for Marine Waters.

The one-hour average concentration of un-ionized ammonia may not exceed 0.233

mg/L more than once every three years on the average. The four-day average

concentration of un-ionized ammonia may not exceed 0.035 mg/L more than once every

three years on the average.

To develop total ammonia criteria, use Ambient Water Quality Criteria for Ammonia

(Saltwater) - 1989 (EPA 440/5-88-04). Ammonia criteria for saltwater are for un-ionized

ammonia. Unionized ammonia is the most toxic form of ammonia to aquatic life. In

saltwater, the fraction of the total ammonia that is un-ionized depends mainly on the pH,

temperature, and salinity of the water. For implementation purposes, the un-ionized

ammonia criteria are generally converted to total ammonia to be consistent with

standard water quality monitoring methods.

10-1-36 Arsenic

Freshwater and marine water criteria for metals are expressed in terms of the

dissolved metal in the water column, based on Office of Water Policy and Technical

Guidance on Interpretation and Implementation of Aquatic Life Metals Criteria.

Criterion is applied as total inorganic arsenic (i.e. arsenic (III) + arsenic (V)):

Freshwater Acute Criterion (CMC): 340 (μg/L)

Freshwater Chronic Criterion (CCC): 150 (μg/L)

Marine Acute Criterion (CMC): 69 (μg/L)

Marine Chronic Criterion (CCC): 36 (μg/L)

10-1-37 Aquatic Life Criteria for Hardness-Dependent Dissolved Metals

(a) Freshwater and marine water criteria for metals are expressed in terms of the

dissolved metal in the water column. Hardness dependent metals criteria may be

calculated from the following:

Freshwater CMC (dissolved) = exp{mA * [ln(hardness)]+ bA} * (Conversion Factor for

Dissolved Metal)

Freshwater CCC (dissolved) = exp{mC * [ln(hardness)]+ bC} * (Conversion Factor for

Dissolved Metal)

Page 53 of 59

CONFEDERATED TRIBES OF COOS, LOWER UMPQUA AND SIUSLAW INDIANS’ TRIBAL CODE

Table 4: Aquatic Life Criteria Hardness Dependent Dissolved Metals in Fresh Water

Table 5: Freshwater and Marine CMC and CCC for Hardness Dependent Dissolved

Metals

10-1-38 Mercury

Freshwater and marine water criteria for metals are expressed in terms of the dissolved

metal in the water column.

Freshwater Acute Criterion (CMC) (μg/L): 1.4

Freshwater Chronic Criterion (CCC) (μg/L): 0.012

Marine Acute Criterion (CMC) (μg/L): 1.8

Marine Chronic Criterion (CCC) (μg/L): 0.025

Page 54 of 59

CONFEDERATED TRIBES OF COOS, LOWER UMPQUA AND SIUSLAW INDIANS’ TRIBAL CODE

10-1-39 Copper

(a) The freshwater criterion for copper is a function of the concentration of ions,

alkalinity, organic carbon, pH and temperature in the water column. Acute (CMC) and

chronic (CCC) freshwater copper criteria shall be developed using EPA’s 2007 Aquatic

Life Ambient Freshwater Quality Criteria—Copper (EPA–822–R–07–001), which

incorporates the use of the copper Biotic Ligand Model (BLM).

(b) The CMC is the highest allowable one-hour average instream concentration of

dissolved copper. The CMC is not to be exceeded more than once every three years.

(c) The CCC is the highest allowable four-day average instream concentration of

dissolved copper. The CCC is not to be exceeded more than once every three years.

(d) Where sufficiently representative ambient data for dissolved organic carbon

(DOC), calcium, magnesium, sodium, potassium, sulfate, chloride, or alkalinity are not

available, the Tribe shall determine an ecoregional default using 10th percentile values

from the publicly available peer-reviewed datasets such as the US Geological Survey

National Waters Information System (NWIS) and EPA’s Storage and Retrieval Data

Warehouse.

(e) To apply the copper criteria for Clean Water Act purposes, criteria values based

on ambient water chemistry conditions must protect the water body over the full range

of variability, including during conditions when copper is most toxic. A minimum

number of 24 samples over two years, reflecting intra-annual or seasonal flow and

spatial variability related water quality variability, must be collected. If inter-annual

variability in water quality occurs regularly, the monitoring plan shall reflect these

characteristics.

(f)

All BLM criteria shall be made available on the Tribe's website.

(g)

Copper Aquatic Life Criteria for Marine Waters.

The value is expressed in terms of dissolved concentrations in the water column:

Marine Acute Criterion (CMC) (μg/L): 4.8

Marine Chronic Criterion (CCC) (μg/L): 3.1

10-1-40 Pentachlorophenol

Freshwater aquatic life values for pentachlorophenol are expressed as a function of pH,

formulated below:

CMC = e 1.005 (pH) – 4.869, CCC = e 1.005(pH) – 5.134

This is alternatively notated as: CMC=(exp(1.005(pH)-4.869); CCC=exp(1.005(pH)5.134)

10-1-41 Selenium

Page 55 of 59

CONFEDERATED TRIBES OF COOS, LOWER UMPQUA AND SIUSLAW INDIANS’ TRIBAL CODE

(a)

Selenium Aquatic Life Criteria for Fresh Waters

Selenium aquatic life criteria for fresh waters uses EPA recommended criteria, based on

Fact Sheet: Aquatic Life Ambient Water Quality Criterion for Selenium in Freshwater

2016 (EPA 822-F-16-005) and Aquatic Life Ambient Water Quality Criterion for

Selenium – Freshwater 2016 (EPA 822-R-16-006).

Table 6: Selenium Aquatic Life Criteria for Fresh Water

Criterion Element

Fish TissueA (Egg-Ovary)B

Magnitude

15.1 mg/kg dw

Fish TissueA

(Whole Body or Muscle)D

8.5 mg/kg dw

or

11.3 mg/kg dw

muscle (skinless,

boneless filet)

1.5 µg/L in lentic

aquatic systems

3.1 µg/L in lotic

aquatic systems

WQCint =

WQC30-day –

Cbkgrnd(1 – fint)

fint

Water ColumnE

(Monthly Average

Exposure)

Water ColumnE

(Intermittent ExposureF

(WQCint))

Duration

Frequency

Instantaneous Not to be exceeded

measurementC

Instantaneous Not to be exceeded

measurementC

30 days

Not more than once in

three years on average

Number of

Not more than once in

days/month

three years on average

with an

elevated

concentration

A Fish tissue elements are expressed as steady-state.

B Egg/ovary supersedes any whole-body, muscle, or water column element when fish

egg/ovary concentrations are measured, except as noted in footnote e below.

C Fish tissue data provide point measurements that reflect integrative accumulation of

selenium over time and space in fish population(s) at a given site.

D Fish whole-body or muscle tissue supersedes water column element when both fish tissue

and water concentrations are measured, except as noted in footnote e below.

E Water column values are based on dissolved total selenium in water and are derived from

fish tissue values via bioaccumulation modeling. When selenium inputs are increasing, water

column values are the applicable criterion element in the absence of steady-state condition

fish tissue data.

F Where WQC

30-day is the water column monthly element, for either a lentic or lotic waters;

Cbkgrnd is the average background selenium concentration, and fint is the fraction of any 30-day

period during which elevated selenium concentrations occur, with f int assigned a value ≥0.033

(corresponding to 1 day).

(b)

Selenium Aquatic Life Criteria for Marine Waters.

Criterion is expressed in terms of dissolved concentrations in the water column, ug/L.

Marine Acute Criterion (CMC): 290 (μg/L). Marine Chronic Criterion (CCC): 71 (μg/L).

Page 56 of 59

CONFEDERATED TRIBES OF COOS, LOWER UMPQUA AND SIUSLAW INDIANS’ TRIBAL CODE

Page 57 of 59

CONFEDERATED TRIBES OF COOS, LOWER UMPQUA AND SIUSLAW INDIANS’ TRIBAL CODE

APPENDIX A

LEGISLATIVE HISTORY AND EDITORIAL CHANGES

Page 58 of 59

CONFEDERATED TRIBES OF COOS, LOWER UMPQUA AND SIUSLAW INDIANS’ TRIBAL CODE

WATER QUALITY STANDARDS

LEGISLATIVE HISORY AND EDITORIAL CHANGES

The Tribal Council of the Confederated Tribes of Coos, Lower Umpqua and Siuslaw

Indians enacted Chapter 10-1 Water Quality Standards by Resolution No. 23-099, in a

Regular Tribal Council meeting on August 13, 2023 for Second Reading and Final

Approval establishing also Ordinance No. 103. Vote was 7 (for), 0 (against) and 0

(abstaining).

The Tribal Council of the Confederated Tribes of Coos, Lower Umpqua and Siuslaw

Indians approved proposed Chapter 10-1 Water Quality Standards by Resolution No.

23-030, for First Reading and 28-day comment period at a Regular Tribal Council

meeting on March 12, 2023. Vote was 5 (for),

1 (against), and 0 (abstaining).

Page 59 of 59