CHAPTER 4-16-HAZARDOUS SUBSTANCE CONTROL

CHAPTER 4-16-HAZARDOUS SUBSTANCE CONTROL

GENERAL PROVISION

4-16-1

Short Title

This Chapter shall be known as the Colville Hazardous Substances Control ACT (HSCA). .

4-16-2

Declaration of Policy

(a) The beneficial stewardship of the land, air, and waters used by the Colville people is a solemn

obligation of the present generation for the benefit of future generations.

(Amended 8/7/14, Resolution 2014-511, Certified 8/21/14)

(b) The Colville Business Council finds that immediate action of the Council is required to secure the

preservation of life, health, property, and natural resources of the Tribe. Pollution sources are currently

known to, or are believed to contaminate the Reservation air, land, surface water and ground waters

("Reservation Environment") for which existing federal law may not apply.

(c) The Tribe and its individual members, and all those who work with the Tribe or reside within the

boundaries of the Reservation benefit from a healthy environment, and each person has a responsibility to

preserve and protect the quality of the Reservation Environment.

(d) The main purpose of this Chapter is to provide remedial law for the cleanup of hazardous substances

sites and to prevent future unauthorized releases of hazardous substances into the Reservation

Environment.

(e) The provisions of this Chapter shall apply to all to al land and waters within the exterior boundaries of

the Colville Indian Reservation, lands outside of the exterior boundaries of the Reservation held by the

Tribe or its entities in trust or in fee status, and to all other land and waters to the maximum extent

permitted by law (“Reservation Environment”)

(Amended 8/7/14, Resolution 2014-511, Certified 8/21/14)

(Amended 6/7/02, Resolution 2007-342)

4-16-3

Definitions

(a) “90th Percentile” means the value in a distribution under which 90 percent of the values occur and above

which 10 percent of the values occur.

(Amended 8/7/14, Resolution 2014-511, Certified 8/21/14)

(b) “Acid Volatile Sulphide” (AVS) means an analyte used to predict the toxicity of divalent metals

(including copper, cadmium, nickel, lead and zinc) in sediments.

(Amended 8/7/14, Resolution 2014-511, Certified 8/21/14)

(c) “Adverse effects” means any abnormal, harmful, or undesirable effects on an organism that causes

anatomical, functional, or behavioral damage, irreversible physical changes, or increases the

susceptibility to other biological, chemical, or environmental stresses.

(Amended 8/7/14, Resolution 2014-511, Certified 8/21/14)

(d) “Amphipod” means a crustacean of the order Amphipoda. Amphipod and Hyalella azteca are used

interchangeably in Appendix C.

(Amended 8/7/14, Resolution 2014-511, Certified 8/21/14)

(e) "Attorney" or "Reservation Attorney" means the attorney authorized by the Council to carry out the

duties as described in the Chapter.

(August 2014)

1

(f) "Agreed Order" means an order issued by the Department under this Chapter with which the potentially

liable person receiving the order agrees to comply.

(g) “Benthic” means the lowest level of a body of water, such as an ocean or a lake, inhabited by organisms

that live in close relationship with (if not physically attached to) the bed sediments, called benthos or

benthic organisms.

(Amended 8/7/14, Resolution 2014-511, Certified 8/21/14)

(h) “Bioaccumulation” means the net accumulation of a substance by an organism as a result of uptake

from all environmental sources.

(Amended 8/7/14, Resolution 2014-511, Certified 8/21/14)

(i) “Biomass” means the total mass of living biological material in a given area or of a biological

community or group.

(Amended 8/7/14, Resolution 2014-511, Certified 8/21/14)

(j) “Chemicals of potential concern” (COPCs) mean the hazardous substances that are toxic and/or

bioaccumulative substances that occur in environmental media at levels that could adversely affect

ecological receptors.

(Amended 8/7/14, Resolution 2014-511, Certified 8/21/14)

(k) "Confederated Tribes of the Colville Reservation" means the Tribal government.

(l) “Contaminated sediment” means sediment that contains hazardous substances at concentrations that

could harm microbial, benthic invertebrate, plant, fish, avian or mammalian communities.

(Amended 8/7/14, Resolution 2014-511, Certified 8/21/14)

(m) "Council" means the Colville Business Council of the Confederated Tribes of the Colville Reservation.

(n) "Department" means the Environmental Trust Department of the Confederated Tribes of the Colville

Reservation.

(o) “Endpoint” means a measured response of a receptor to a stressor. An endpoint can be measured in a

toxicity test or a field survey.

(Amended 8/7/14, Resolution 2014-511, Certified 8/21/14)

(p) "Facility" means:

(1) Any building, structure, installation, equipment, pipe or pipeline (including any pipe into a

sewer or publicly owned treatment works), well, pit, pond, lagoon, impoundment, ditch, landfill,

storage container, motor vehicle, rolling stock, vessel, or aircraft; or

(2) Any site or area where a hazardous substance, other than a consumer product in consumer use,

has been deposited, stored, disposed of, or placed, or otherwise come to be located.

(q) "Federal Cleanup Law" means the federal Comprehensive Environmental Response, Compensation, and

Liability Act of 1980, 42 U.S.C. § 9601 et seq., as amended by Public Law 99 499.

(r) "Foreclosure and its equivalents" means purchase at a foreclosure sale, acquisition, or assignment of title

in lieu of foreclosure, termination of a lease, or other repossession, acquisition of a right to title or

possession, an agreement in satisfaction of the obligation, or any other comparable formal or informal

manner, whether pursuant to law or under warranties, covenants, conditions, representations, or promises

from the borrower, by which the holder acquires title to or possession of a facility securing a loan or other

obligation.

(August 2014)

2

(s) “Good Samaritan Order” is a voluntary order entered into between the Department and a noninterested party not otherwise liable under this HSCA, who wishes to engage in remediation activities

subject to the oversight and approval of the Department for the benefit of the public good.

(Amended 8/7/14, Resolution 2014-511, Certified 8/21/14)

(t) "Hazardous Substance" means:

(1) Any "dangerous waste", defined as any discarded, useless, unwanted, or abandoned substances

disposed of in such quantity or concentration as to pose a present or potential hazard to human

health, wildlife, or the environment because such wastes or constituents or combinations of such

wastes:

(A) Have short lived, toxic properties that may cause death, injury, or illness or have

mutagenic, teratogenic, or carcinogenic properties; or

(B) Are corrosive, explosive, flammable, or may generate pressure throughout

decomposition or other means.

(2) Any "hazardous waste," defined as any waste which:

(A) Will persist in a hazardous form for three (3) years or more at a disposal site; and

(B) While in its persistent form:

(i) Presents a significant environmental hazard and may be concentrated by

living organisms through a food chain or may affect the genetic makeup of

people or wildlife; or

(ii) Is toxic to people or wildlife; or

(iii) Adversely affects living organisms in soil, sediment, and water, or air; or

(C) If disposed of at a disposal site in such quantities or concentrations as might present a

hazard to people or the environment.

(3) Any liquid, solid, gas, or sludge, including any material, substance, product, commodity, or

waste, regardless of quantity, that exhibits any of the characteristics of dangerous waste or

extremely hazardous waste.

(4) Any substance that, on March 1, 1989, is a hazardous substance under section 101(14) of the

federal cleanup law, 42 U.S.C. § 9601(14).

(5) Petroleum or petroleum products, and

(6) Any substance or category of substances, including solid waste decomposition products,

determined by the director to present a threat to human health or the environment if released into

the environment.

(7) The term hazardous substance does not include, any of the following when contained in an

underground storage tank from which there is not a release: crude oil or any fraction thereof or

petroleum, if the tank is in compliance with all applicable federal and Tribal laws.

(August 2014)

3

(u) "Hazardous waste account" means an account of money set aside for uses described in section 4-16-8.

(v) "Holder" means a person who holds indicia of ownership primarily to protect a security interest. A

holder includes the initial holder such as the loan originator, any subsequent holder such as a successor in

interest or subsequent purchaser of the security interest on the secondary market, a guarantor of an

obligation, surety, or any other person who holds indicia of ownership primarily to protect a security

interest, or a receiver, court appointed trustee, or other person who acts on behalf or for the benefit of a

holder. A holder can be a public or privately owned financial institution, receiver, conservator; loan

guarantor, or other similar persons that loan money or guarantee repayment of a loan. Holders typically are

banks or savings and loan institutions but may also include others such as insurance companies, pension

funds, or private individuals that engage in loaning of money or credit.

(w) "Independent remedial actions" means remedial actions conducted without Department oversight or

approval, and not under an order, agreed order, or consent decree.

(x) "Indicia of ownership" means evidence of a security interest, evidence of an interest in a security

interest, or evidence of an interest in a facility securing a loan or other obligation, including any legal or

equitable title to a facility acquired incident to foreclosure and its equivalents. Evidence of such interests

includes, mortgages, deeds of trust, sellers interest in a real estate contract, hens, surety bonds, and

guarantees of obligations, title held pursuant to a lease financing transaction in which the lessor does not

select initially the leased facility, or legal or equitable title obtained pursuant to foreclosure and their

equivalents. Evidence of such interests also includes assignments, pledges, or other rights to or other forms

of encumbrance against the facility that are held primarily to protect a security interest.

(y) “Non Interested Party” means a party who has no ownership interest in the specific property at issue,

and who is not a potentially liable party under section 4-16-5.

(Amended 8/7/14, Resolution 2014-511, Certified 8/21/14)

(z) Not toxic sediments” means sediment samples with survival, growth, biomass, or reproduction is greater

than or equal to the minimum value of the reference envelope.

(Amended 8/7/14, Resolution 2014-511, Certified 8/21/14)

(aa) "Operating a facility primarily to protect a security interest" occurs when all of the following are met:

(1) Operating the facility where the borrower has defaulted on the loan or otherwise breached the

security agreement;

(2) Operating the facility to preserve the value of the facility as an ongoing business;

(3) The operation is being done in anticipation of a sale, transfer, or assignment of the facility; and

(4) The operation is being done primarily to protect a security interest. Operating a facility for

longer than one year prior to foreclosure or its equivalents shall be presumed to be operating the

facility for other than to protect a security interest.

(bb) "Owner or operator" means:

(1) Any person with any ownership interest in the facility or who exercises any control over the

facility; or

(2) In the case of an abandoned facility, any person who had owned, or operated, or exercised

control over the facility any time before its abandonment;

(August 2014)

4

(3) The term does not include:

(A) The Tribe or any Tribal instrumentality which acquired ownership or control

involuntarily through bankruptcy, tax delinquency, abandonment, or circumstances in

which the Council involuntarily acquires title. This exclusion does not apply to an

instrumentality of the Tribe which is subject to a waiver of sovereign immunity, which

has caused or contributed to the release or threatened release of a hazardous substance

from the facility;

(B) A person who, without participating in the management of a facility, holds indicia of

ownership primarily to protect the person's security interest in the facility. Holders after

foreclosure and its equivalent and holders who engage in any of the activities identified in

section 4-16-3(p), sub subparts (E) through (G) of this section shall not lose this

exemption provided the holder complies with all of the following:

(i) The holder properly maintains the environmental compliance measures

already in place at the facility;

(ii) The holder complies with the reporting requirements in the rules adopted

under this Chapter;

(iii) The holder complies with any order issued to the holder by the Department

to abate an imminent or substantial endangerment;

(iv) The holder allows the Department or potentially liable persons under an

order, agreed order, or settlement agreement under this Chapter access to the

facility to conduct remedial actions and does not impede the conduct of such

remedial actions;

(v) Any remedial actions conducted by the holder are in compliance with any

preexisting requirements identified by the Department, or, if the Department has

not identified such requirements for the facility, the remedial actions are

conducted consistent with this Chapter; and

(vi) The holder does not exacerbate an existing release. The exemption in this

section 4-16-3(o), subpart (3)(B) does not apply to holders who cause or

contribute to a new release or threatened release or who are otherwise liable

under section 4-16-4(a), subparts (2), (3), (4), and (5); provided, however, that a

holder shall not lose this exemption if it establishes that any such new release

has been remediated according to the requirements of this Chapter and that any

hazardous substances remaining at the facility after remediation of the new

release are divisible from such new release;

(Amended 8/7/14, Resolution 2014-511, Certified 8/21/14)

(C) A fiduciary in his, her, or its personal or individual capacity. This exemption does

not preclude a claim against the assets of the estate or trust administered by the fiduciary

or against a non-employee agent or independent contractor retained by a fiduciary. This

exemption also does not apply to the extent that a person is liable under this Chapter

independently of the person's ownership as a fiduciary or for actions taken in a fiduciary

capacity which cause or contribute to a new release or exacerbate an existing release of

hazardous substances. This exemption applies provided that, to the extent of the

fiduciary's powers granted by law or by the applicable governing instrument granting

fiduciary powers, the fiduciary complies with all of the following:

(August 2014)

5

(i) The fiduciary properly maintains the environmental compliance measures

already in place at the facility;

(ii) The fiduciary complies with the reporting requirements in the rules adopted

under this Chapter;

(iii) The fiduciary complies with any order issued to the fiduciary by the

Department to abate an imminent or substantial endangerment;

(iv) The fiduciary allows the Department or potentially liable persons under an

order, agreed order, or settlement agreement under this Chapter access to the

facility to conduct remedial actions and does not impede the conduct of such

remedial actions;

(v) Any remedial actions conducted by the fiduciary are in compliance with any

preexisting requirements identified by the Department, or, if the Department has

not identified such requirements for the facility, the remedial actions are

conducted consistent with the rules adopted under this Chapter; and

(vi) The fiduciary does not exacerbate an existing release.

The exemption in this section 4-16-3(o), subpart (3)(C) does not apply to fiduciaries who

cause or contribute to a new release or threatened release or who are otherwise liable

under section 4-16-5(a), subparts (2), (3), (4), and (5); provided however, that a fiduciary

shall not lose this exemption if it establishes that any such new release has been

remediated according to the requirements of this Chapter and that any hazardous

substances remaining at the facility after remediation of the new release are divisible

from such new release. The exemption in this section 4-16-3(o), subpart (3)(C) also does

not apply where the fiduciary's powers to comply with this section 4-16-3(o), subpart

(3)(C) are limited by a governing instrument created with the objective purpose of

avoiding liability under this Chapter or of avoiding compliance with this Chapter; or

(Amended 8/7/14, Resolution 2014-511, Certified 8/21/14)

(D) Any person who has any ownership interest in, operates, or exercises control over

real property where a hazardous substance has come to be located solely as a result of

migration of the hazardous substance to the real property through the ground water from

a source off the property, if:

(i) The person can demonstrate that the hazardous substance has not been used,

placed, managed, or otherwise handled on the property in a manner likely to

cause or contribute to a release of the hazardous substance that has migrated

onto the property;

(ii) The person has not caused or contributed to the release of the hazardous

substance;

(iii) The person does not engage in activities that damage or interfere with the

operation of remedial actions installed on the person's property or engage in

activities that result in exposure of humans or the environment to the

contaminated ground water that has migrated onto the property;

(iv) If requested, the person allows the Department potentially liable persons

who are subject to an order, agreed order, or consent decree, and the authorized

(August 2014)

6

employees, agents, or contractors of each, access to the property to conduct

remedial actions required by the Department. The person may attempt to

negotiate an access agreement before allowing access; and

(v) Legal withdrawal of groundwater does not disqualify a person from the

exemption in this section 4-16-3(o), subpart (3)(D).

(cc) "Participation in management" means exercising decision making control over the borrower's

operation of the facility, environmental compliance, or assuming or manifesting responsibility for the

overall management of the enterprise encompassing the day to day decision making of the enterprise.

(1) The term does not include any of the following:

(A) A holder with the mere capacity or ability to influence, or the unexercised right to

control facility operations;

(B) A holder who conducts or requires a borrower to conduct an environmental audit or

an environmental site assessment at the facility for which indicia of ownership is held;

(C) A holder who requires a borrower to come into compliance with any applicable laws

or regulations at the facility for which indicia of ownership is held;

(D) A holder who requires a borrower to conduct remedial actions including setting

minimum requirements, but does not otherwise control or manage the borrower's

remedial actions or the scope of the borrower's remedial actions except to prepare a

facility for sale, transfer, or assignment;

(E) A holder who engages in workout or policing activities primarily to protect the

holder's security interest in the facility;

(F) A holder who prepares a facility for sale, transfer, or assignment or requires a

borrower to prepare a facility for sale, transfer, or assignment;

(G) A holder who operates a facility primarily to protect a security interest or requires a

borrower to continue to operate, a facility primarily to protect a security interest; and

(H) A prospective holder who, as a condition of becoming a holder, requires an owner or

operator to conduct an environmental audit conduct an environmental site assessment,

come into compliance with any applicable laws or regulations, or conduct remedial

actions prior to holding a security interest is not participating in the management of the

facility.

(dd) "Person" means an individual, firm, corporation, association, partnership, consortium, joint venture,

commercial entity, state government agency, unit of local government, federal government agency, or a

Tribal instrumentality that is subject to a waiver of sovereign immunity.

(ee) "Policing Activities" means actions the holder takes to insure that the borrower complies with the

terms of the loan or security interest or actions the holder takes or requires the borrower to take to maintain

the value of the security. Policing activities include: Requiring the borrower to conduct remedial actions at

the facility during the term of the security interest; requiring the borrower to comply or come into

compliance with applicable federal, state, and local environmental and other laws, regulations, and permits

during the term of the security interest; securing or exercising authority to monitor or inspect the facility

(August 2014)

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including on-site inspections, or to monitor or inspect the borrower's business or financial condition during

the term of the security interest; or taking other actions necessary to adequately police the loan or security

interest such as requiring a borrower to comply with any warranties, covenants, conditions, representations,

or promises from the borrower.

(ff) "Potentially Liable Person" means any person whom the Department finds, based on credible

evidence, to be liable under section 4-16-5. The Department shall give notice to any such person and allow

an opportunity for comment before making the finding, unless an emergency requires otherwise.

(gg) “Practical Quantification Limit” (PQL) means the lowest concentration that can be reliably measured

within specified limits of precision, accuracy, representativeness, completeness, and comparability during

routine laboratory operating conditions, using methods approved by the Department.

(Amended 8/7/14, Resolution 2014-511, Certified 8/21/14)

(hh) "Prepare a Facility for Sale, Transfer, or Assignment" means to secure access to the facility; perform

routine maintenance on the facility; remove inventory, equipment, or structures; properly maintain

environmental compliance measures already in place at the facility; conduct remedial actions to clean up

releases at the facility; or to perform other similar activities intended to preserve the value of the facility

where the borrower has defaulted on the loan or otherwise breached the security agreement or after

foreclosure and its equivalents and in anticipation of a pending sale, transfer, or assignment, primarily to

protect the holder's security interest in the facility. A holder can prepare a facility for sale, transfer, or

assignment for up to one (1) year prior to foreclosure and its equivalents and still stay within the security

interest exemption in section 4-16-3 (o), subpart (2)(b).

(ii) "Primarily to Protect a Security Interest" means the indicia of ownership is held primarily for the

purpose of securing payment or performance of an obligation. The term does not include indicia of

ownership held primarily for investment purposes nor indicia of ownership held primarily for purposes

other than as protection for a security interest. A holder may have other, secondary reasons, for

maintaining indicia of ownership, but the primary reason must be for protection of a security interest.

Holding indicia of ownership after foreclosure or its equivalents for longer than five (5) years shall be

considered to be holding the indicia of ownership for purposes other than primarily to protect a security

interest. For facilities that have been acquired through foreclosure or its equivalents prior to the date this

Chapter is enacted and adopted by the Council, this five (5) year period shall begin as of the date of

enactment and adoption.

(jj) "Public Notice" means, adequate notice mailed to all persons who have made timely request of the

Department; published in the Tribal Tribune; and may include an opportunity for interested persons to

comment.

(kk) “Quality Assurance Project Plan” means the document that outlines, defines and provides guidance for

the operation of a laboratory. This document generally contains, but is not limited to, information

pertaining to: laboratory personnel, sampling procedures and sample rejection criteria, sample handling and

chain of custody routines, the equipment employed by the laboratory, analytical methods, data reduction,

validation and reporting, calibration and quality control procedures, equipment maintenance, routine

procedure for precision and accuracy, method validation, verification and corrective actions, health and

safety policy and training.

(Amended 8/7/14, Resolution 2014-511, Certified 8/21/14)

(ll) “Reference sample” means a sample that is collected near an area of concern and is used to assess

conditions exclusive of materials of interest.

(Amended 8/7/14, Resolution 2014-511, Certified 8/21/14)

(August 2014)

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(mm) “Reference envelope” means a statistical representation of data from reference locations that is used

to evaluate toxicity data for test sites.

(Amended 8/7/14, Resolution 2014-511, Certified 8/21/14)

(nn) “Regional Background” means the concentration of a contaminant within a geographic area defined by

the Department, that is primarily attributable to diffuse sources, such as atmospheric deposition, and not

attributable to a specific source or release.

(Amended 8/7/14, Resolution 2014-511, Certified 8/21/14)

(oo) "Reservation Population" means all persons either residing or doing business within the Reservation

Environment.

(pp) "Release" means any intentional or unintentional entry of any hazardous substance into the

environment, including but not limited to the abandonment or disposal of containers of hazardous

substances.

(qq) "Remedy" or "Remedial Action" means any action or expenditure consistent with the purpose of this

Chapter to identify, eliminate, clean up, or minimize any threat of potential threat posed by hazardous

substances to human health or the environment including any investigative and monitoring activities with

respect to any release or threatened release of a hazardous substance and any health assessments or health

effects studies conducted in order to determine the risk or potential risk to human health.

(rr) "Sediment" means unconsolidated material eroded from parent rock, including soil and/or any man

made unconsolidated solid material of a particulate nature, which exists below the ordinary high water

mark of any water body or wetland.

(ss) “Sediment Cleanup Level” (SCL) means a sediment quality standard (i.e., either narrative, numerical,

or biological) that is established for all waters located within the Reservation Environment that are

intended to protect human health and the environment from adverse effects associated with direct or

indirect exposure to contaminated sediments.

(Amended 8/7/14, Resolution 2014-511, Certified 8/21/14)

(tt) “Sediment-dwelling organisms” mean the organisms that live in, on, or near bottom sediments,

including both epibenthic and infaunal species.

(Amended 8/7/14, Resolution 2014-511, Certified 8/21/14)

(uu) “Sediment Management Standards” (SMS) mean those defined in the Washington Administrative

Code (WAC) Chapter 173-204.

(Amended 8/7/14, Resolution 2014-511, Certified 8/21/14)

(vv) “Simultaneously extracted metals” (SEM) are divalent metals - commonly cadmium, copper, lead,

mercury, nickel, and zinc - that are solubilized during acidification (0.5m HCl for 1 hour). Information on

SEM concentrations is used with data on acid volatile sulfides in sediments to evaluate the potential for

toxicity to benthic invertebrates.

(Amended 8/7/14, Resolution 2014-511, Certified 8/21/14)

(ww) “Status Letter” means a letter provided by the Department to a non-interested party to provide

information regarding the current liability status of the non-interested party and the actions that must be

voluntarily undertaken by such party, subject to the oversight and approval of the Department, to avoid

liability under this Chapter if the non-interested party engages in the Department approved remedial work.

(Amended 8/7/14, Resolution 2014-511, Certified 8/21/14)

(xx) “Threshold Effects Concentration” (TEC) means the concentration of a hazardous substance in soil or

in sediment below which adverse effects on soil-dwelling or sediment-dwelling organisms are unlikely to

occur.

(Amended 8/7/14, Resolution 2014-511, Certified 8/21/14)

(August 2014)

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(yy) “Toxic sediment” means sediment samples with survival, growth, biomass, or reproduction lower than

the minimum value of the reference envelope (includes both the moderately impacted and highly impacted

categories).

(Amended 8/7/14, Resolution 2014-511, Certified 8/21/14)

(zz) "Tribe" means the government of the Confederated Tribes of the Colville Reservation.

(aaa) "Tribal Instrumentality" means a unit of Tribal government or a Tribal organization that is ultimately

responsible to the Colville Business Council.

(bbb) "Tribal Court" means the Tribal Court of the Colville Confederated Tribes as established in

Amendment X of the Tribe's Articles and By Laws.

(ccc) “Whole sediment” means sediment and its associated pore water.

(Amended 8/7/14, Resolution 2014-511, Certified 8/21/14)

(Amended 6/7/02, Resolution 2007-342)

(Amended 3/20/03, Resolution 2003-131)

(Certified 3/26/03)

4-16-4

Department's Powers and Duties

(a) The Department may exercise the following powers in addition to any other powers granted by Tribal or

federal law:

(1) Investigate, provide for investigating, or require potentially liable persons to investigate, any

releases or threatened releases of hazardous substances, including but not limited to inspecting,

sampling, or testing to determine the nature or extent of any release or threatened release. If there

is a reasonable basis to believe that a release or threatened release of a hazardous substance may

exist, the Department's authorized employees, agents, or contractors may enter upon any property

and conduct investigations. The Department shall give reasonable notice before entering property

unless an emergency prevents such notice. The Department may by subpoena require the

attendance or testimony of witnesses and the production of documents or other information that

the Department deems necessary;

(2) Conduct, provide for conducting, or require potentially liable persons to conduct remedial

actions (including investigations under section 4-16-4(a), subpart (1) to remedy releases or

threatened releases of hazardous substances. In carrying out such powers, the Department's

authorized employees, agents, or contractors may enter upon property. The Department shall give

reasonable notice before entering property unless an emergency prevents such notice. In

conducting, providing for, or requiring remedial action, the Department shall give preference to

permanent solutions to the maximum extent practicable, and shall provide for, or require adequate

monitoring to ensure the effectiveness of the remedial action.

(3) Retain contractors and consultants to assist the Department in carrying out investigations and

remedial actions;

(4) Carry out all Tribal programs authorized under federal law, including but not limited to the

Resource Conservation and Recovery Act 42 U.S.C. § 6901 et seq., as amended, and other federal

laws;

(Amended 8/7/14, Resolution 2014-511, Certified 8/21/14)

(5) Classify substances as hazardous substances for purposes of section 4-16-3(10);

(6) Issue orders or enter into consent decrees or agreed orders that include, or issue written

(August 2014)

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opinions under section 4-16-4(a), subpart (9) that may be conditioned upon, deed restrictions or

other appropriate institutional controls as may be necessary to protect human health and the

environment from a release or threatened release of a hazardous substance from a facility. Prior to

establishing a deed restriction or other appropriate institutional control under this subsection, the

Department shall notify and seek comment from the Tribal Planning Department

(7) Enforce the application of permanent and effective institutional controls that are necessary for

a remedial action to be protective of human health and the environment;

(8) Require holders to conduct remedial actions necessary to abate an imminent or substantial

endangerment pursuant to section 4-16-3(o), subpart (3), sub subpart (B)(iii);

(9) Provide informal advice and assistance to persons regarding the administrative and technical

requirements of this Chapter. This may include site specific advice to persons who are conducting

or otherwise interested in independent remedial actions. Any such advice or assistance shall be

advisory only, and shall not be binding on the Department. As a part of providing this advice and

assistance for independent remedial actions, the Department may prepare written opinions

regarding whether the independent remedial actions or proposals for those actions meet the

substantive requirements of this Chapter or whether the Department believes further remedial

action is necessary at the facility. The Department may collect, from persons requesting advice

and assistance, the costs incurred by the Department in providing such advice and assistance;

however, the Department shall, where appropriate, waive collection of costs in order to provide an

appropriate level of technical assistance in support of public participation. The Tribe, Department,

and officers, agents, attorneys, and employees of the Tribe are immune from all liability, and no

cause of action of any nature may arise from any act or omission in providing, or failing to

provide, informal advice and assistance; and

(10) Take any other actions necessary to carry out the provisions of this Chapter, including

proposing that the Council amend this Chapter.

(b) The Department shall to the best of its ability implement all provisions of this Chapter, including the

cleanup standards further described in section 4-16-11, and to the maximum extent practicable institute

investigative and remedial actions where appropriate; and the Department shall:

(1) Provide public notice of investigative plans, cleanup plans, or remedial plans, guidance

documents, and other significant actions taken under this Chapter;

(Amended 8/7/14, Resolution 2014-511, Certified 8/21/14)

(2) Require the reporting by an owner or operator of release of hazardous substances to the

environmental that maybe a threat to human health or the environment within ninety (90) business

days of discovery, unless such release poses an aninminent and substantial threat in harm health or

environment, where such report shall be reported to the Department within two (2) business days,

or unless such release is otherwise exempt from reporting by the Department. However, this

requirement shall not modify any existing requirements provide for under other laws.

(Amended 8/7/14, Resolution 2014-511, Certified 8/21/14)

(3) Establish reasonable deadlines for initiating an investigation of a hazardous waste site after the

Department receives information that the site may pose a threat to human health or the

environment and other reasonable deadlines for remedying releases or threatened releases at the

site; and

(4) Enforce cleanup standards set forth in section 4-16-11; and

(August 2014)

11

(c) The Department may, as available resources permit, establish a program to identify potential hazardous

waste sites and to encourage persons to provide information about hazardous waste sites.

(d) The Department may, in its sole discretion, seek to recover all costs and expenses that it may incur as

part of investigations in carrying out its duties under the HSCA from any person determined by the

Department to be a liable party in accordance with Chapter 4-16-1, and work related to determining

sediment clean up levels (SCLs);

(Amended 8/7/14, Resolution 2014-511, Certified 8/21/14)

(e) The Department may, from time to time, issue such guidance documents as it deems necessary to

facilitate compliance with HSCA.

(Amended 8/7/14, Resolution 2014-511, Certified 8/21/14)

4-16-5

Standard of Liability Settlement

(a) Except as provided in section 4-16-5(c), the following persons are liable with respect to a facility:

(1) The owner or operator of the facility;

(2) Any person who owned or operated the facility at the time of disposal or release of the

hazardous substances;

(3) Any person who owned or possessed a hazardous substance and who by contract, agreement,

or otherwise arranged for disposal or treatment of the hazardous substance at the facility, or

arranged with a transporter for transport for disposal or treatment of the hazardous substances at

the facility, or otherwise generated hazardous wastes disposed of or treated at the facility;

(4) Any Person:

(A) Who accepts or accepted any hazardous substance for transport to a disposal,

treatment, or other facility selected by such person from which there is a release or a

threatened release for which remedial action is required, unless such facility, at the time

of disposal or treatment, could legally receive such substance; or

(B) Who accepts a hazardous substance for transport to such a facility and has reasonable

grounds to believe that such a facility is not operated in accordance with Resource

Conservation and Recovery Act (RCRA), 42 U.S.C. § 6901 et seq., as amended, and

programs appropriately delegated under RCRA; and

(5) Any person who both sells a hazardous substance and is responsible for written instructions for

its use if:

(A) The substance is used according to the instructions; and

(B) The use constitutes a release for which remedial action is required at the facility.

(b) Each person who is liable under this section is strictly liable, jointly and severally, for all remedial

action costs and for all natural resource damages resulting from the releases or threatened releases of

hazardous substances. The Department is empowered to recover all costs and damages from persons liable

therefor.

(c) The following persons are not liable under this section:

(1) Any person who can establish that the release or threatened release of a hazardous substance

for which the person would be otherwise responsible was caused solely by:

(August 2014)

12

(A) An act of God;

(B) An act of war; or

(C) An act or omission of a third party (including but not limited to a trespasser) other

than:

(i) An employee or agent of the person asserting the defense, or

(ii) Any person whose act or omission occurs in connection with a contractual

relationship existing, directly or indirectly, with the person asserting this defense

to liability.

This defense only applies where the person asserting the defense has exercised

the utmost care with respect to the hazardous substance, the foreseeable acts or

omissions of the third party, and the foreseeable consequences of those acts or

omissions;

(2) Any person who is an owner, past owner, or purchaser of a facility and who can establish by a

preponderance of the evidence that at the time the facility was acquired by the person, the person

had no knowledge or reason to know that any hazardous substance, the release or threatened

release of which has resulted in or contributed to the need for the remedial action, was released or

disposed of on, in, or at the facility. This section 4-16-4(c), subpart (2) is limited as follows:

(A) To establish that a person had no reason to know, the person must have undertaken,

at the time of acquisition, all appropriate inquiry into the previous ownership and uses of

the property, consistent with good commercial or customary practice in an effort to

minimize liability. Any court interpreting this section 4-16-5(c), subpart (2) shall take

into account any specialized knowledge or experience on the part of the person, the

relationship of the purchase price to the value of the property if uncontaminated,

commonly known or reasonably ascertainable information about the property, the

obviousness of the presence or likely presence of contamination at the property, and the

ability to detect such contamination by appropriate inspection;

(B) The defense contained in this section 4-16-5(c), subpart (2) is not available to any

person who had actual knowledge of the release or threatened release of a hazardous

substance when the person owned the real property and who subsequently transferred

ownership of the property without first disclosing such knowledge to the transferee;

(C) The defense contained in this section 4-16-5(c), subpart (2) is not available to any

person who, by any act or omission, caused or contributed to the release or threatened

release of a hazardous substance at the facility;

(3) Any natural person who uses a hazardous substance lawfully and without negligence for any

personal or domestic purpose in or near a dwelling or accessory structure when that person is:

(A) A resident of the dwelling;

(B) A person who, without compensation, assists the resident in the use of the substance;

or

(August 2014)

13

(C) A person who is employed by the resident but who is not an independent contractor;

(4) Any person who, for the purpose of growing food crops, applies pesticides or fertilizers

without negligence and in accordance with all applicable Tribal and federal laws and regulations.

(d) There may be no settlement by the Department with any person potentially liable under this Chapter

except in accordance with this subsection.

(1) The Department may agree to a settlement with any potentially liable person only if the

Department finds that the proposed settlement would lead to a more expeditious cleanup of

hazardous substances in compliance with cleanup standards under section 4-16-11(b), subpart (4)

and with any remedial orders issued by the Department. Whenever practicable and in the public

interest the Department may expedite such a settlement with a person whose contribution is

insignificant in amount and toxicity.

(2) A settlement agreement under this subsection shall be entered as a consent decree issued by the

Tribal Court or by a court of competent jurisdiction.

(3) A settlement agreement may contain a covenant not to sue only of a scope commensurate with

the settlement agreement in favor of any person with whom the Department has settled under this

section. Any covenant not to sue shall contain a reopener clause which requires the Tribal Court

or a court of competent jurisdiction to amend the covenant not to sue if factors not known at the

time of entry of the settlement agreement are discovered and present a previously unknown threat

to human health or the environment.

(4) A party who has resolved its liability to the Department under this subsection shall not be

liable for claims for contribution regarding matters addressed in the settlement. The settlement

does not discharge any of the other liable parties but it reduces the total potential liability of the

others to the Department by the amount of the settlement.

(5) If the Department has entered into a consent decree with an owner or operator under this

section, the Department shall not enforce this Chapter against any owner or operator who is a

successor in interest to the settling party unless under the terms of the consent decree the

Department could enforce against the settling party, if:

(A) The successor owner or operator is liable with respect to the facility solely due to that

persons ownership interest or operator status acquired as a successor in interest to the

owner or operator with whom the Department has entered into a consent decree; and

(B) The stay of enforcement under this subsection does not apply if the consent decree

was based on circumstances unique to the settling party that do not exist with regard to

the successor in interest, such as financial hardship. Such unique circumstances shall be

specified in the consent decree.

(6) Any person who is not subject to enforcement by the Department under section 4-16-4(d),

subpart (5) is not liable for claims for contribution regarding matters addressed in the settlement.

(e) In addition to the settlement authority provided under section 4-16-4(d), the Department may agree to a

settlement with a person not currently liable for remedial action at a facility who proposes to purchase,

redevelop, or reuse the facility, provided that:

(1) The settlement will yield substantial new resources to facilitate cleanup;

(August 2014)

14

(2) The settlement will expedite remedial action consistent with this Chapter; and

(3) Based on available information, the Department determines that the redevelopment or reuse of

the facility is not likely to contribute to the existing release or threatened release, interfere with

remedial actions that may be needed at the site, or increase health risks to persons at or in the

vicinity of the site.

(4) The Department does not have adequate resources to participate in all property transactions

involving contaminated property. The primary purpose of this section 4-16-5(e) is to promote the

cleanup and reuse of vacant or abandoned commercial or industrial contaminated property. The

Department may give priority to settlements that will provide a substantial public benefit,

including, but not limited to the reuse of a vacant or abandoned manufacturing or industrial

facility, or the development of a facility by a Tribal entity to address an important public purpose.

(f) In addition to the settlement authority provided under section 4-16-4(d) and 4-16-4 (e), the Department

may, in its sole discretion, release a non-interested party who is not otherwise liable under this Act, and

who wishes to engage in remedial work, subject to the Department's oversight and review, for purposes of

providing public benefit by entering into a good samaritan order, or issuing a status letter.

(Amended 8/7/14, Resolution 2014-511, Certified 8/21/14)

(g) Nothing in this Chapter affects or modifies in any way any person's right to seek or obtain relief under

Tribal law, or other applicable laws, including but not limited to damages for injury or loss resulting from a

release or threatened release of a hazardous substance. No settlement by the Department or remedial action

ordered by the Tribal Court, a court of competent jurisdiction or the Department affects any person's right

to obtain a remedy under Tribal law, or other applicable laws.

(Amended 6/7/02, Resolution 2007-342)

4-16-6

Enforcement

(a) With respect to any release, or threatened release, for which the Department does not conduct or

contract for conducting remedial action and for which the Department believes remedial action is in the

public interest, the Department shall issue orders or agreed orders requiring potentially liable persons to

provide the remedial action. Any liable person who refuses, without sufficient cause, to comply with an

order or agreed order of the Department is liable in an action brought by the Department for:

(1) Up to three times the amount of any costs incurred by the Department as a result of the party's

refusal to comply; and

(2) A civil fine of up to twenty five thousand ($25,000) dollars for each day the party refuses to

comply.

The treble damages and civil fines under this subsection apply to all recovery actions filed on or after the

date this Chapter is enacted and adopted by the Council.

(b) The Department shall seek, by filing an action if necessary, to recover the amounts spent by the

Department for all costs and expenses incurred by the Department, including all investigative and other

costs and expenses incurred with regard to remedial actions and orders, including amounts spent prior to

the date this Chapter is enacted and adopted by the Council.

(Amended 8/7/14, Resolution 2014-511, Certified 8/21/14)

(c) The Department may request that the Reservation Attorney or an authorized Attorney bring an action to

secure such relief as is necessary to protect human health and the environment under this Chapter.

(August 2014)

15

(d) Civil actions under this section and section 4-16-6 shall be brought in Tribal Court or in a court of

competent jurisdiction.

(Amended 6/7/02, Resolution 2007-342)

4-16-7

Judicial Review

(a)The Department's investigative and remedial decisions under sections 4-16-4 and 4-16-4 and its

decisions regarding liable persons under section 4-16-5 shall be reviewable exclusively in Tribal Court,

unless a suit has been filed by the Department in another court of competent jurisdiction, and only at the

following times:

(1) In a cost recovery suit under section 4-16-(b);

(2) In a suit by the Department to enforce an order or an agreed order, or to seek a civil fine under

this Chapter; and

(3) In a suit by the Department to compel investigative or remedial action.

(Amended 8/7/14, Resolution 2014-511, Certified 8/21/14)

(b) In all such matters where judicial review is sought, the court shall uphold the Department's action unless

such action was arbitrary and capricious.

(Amended 6/7/02, Resolution 2007-342)

4-16-8

Deposits to Hazardous Waste Account

(a) There shall be established a hazardous waste account to be administered by the Department.

(b) The following moneys shall be deposited into the hazardous waste account:

(1) The costs of remedial actions recovered under this Chapter;

(2) Penalties collected or recovered under this Chapter; and

(3) Any other money appropriated or transferred to the account by the Department. Moneys in the

account may be used only to carry out the purposes of this Chapter including but not limited to the

following activities:

(A) The hazardous waste cleanup program required under this Chapter;

(B) Matching funds required under any federal law;

(C) Tribal programs for the safe reduction, recycling, or disposal of hazardous wastes

from households, small businesses, and agriculture;

(D) Hazardous materials emergency response training; and

(E) Water and environment health protection and monitoring programs;

(c) Moneys in the hazardous waste account may be spent only after approval of a budget by the Council.

All earnings from investment of balances in the account shall be credited to the account.

4-16-9

Private Right of Action—Remedial Action Costs

(a) A person may bring a private right of action, including a claim for contribution or for declaratory relief

against any other person liable under section 4-16-5 for the recovery of remedial action costs, except that

no private right of action may be brought against the following:

(August 2014)

16

(1) The Tribe or instrumentalities of the Tribe (except where specifically provided for by waiver

of sovereign immunity); or

(2) As provided in section 4-16-5(d), subparts (4) and (6).

(b) Recovery shall be based on such equitable factors as the Tribal Court or a court of competent

jurisdiction determines are appropriate. Natural resource damages paid to the Tribe under this Chapter may

be recovered. Remedial action costs shall include reasonable attorneys' fees and expenses. Recovery of

remedial action costs shall be limited to those remedial actions that, when evaluated as a whole, are the

substantial equivalent of a Department conducted or Department supervised remedial action. Substantial

equivalence shall be determined by the Tribal Court or a court of competent jurisdiction with reference to

this Chapter. An action under this section may be brought after remedial action costs are incurred but must

be brought within three (3) years from the date remedial action confirms cleanup standards are met. The

prevailing party in such an action shall recover its reasonable attorneys' fees and costs.

(Amended 6/7/02, Resolution 2007-342)

4-16-10

Remedial Actions—Exemption from Procedural Requirements

(a) A person conducting a remedial action at a facility under a good samaritan order, assurance letter,

consent decree, order, or agreed order, and the Department when it conducts a remedial action, are exempt

from the procedural requirements of all otherwise applicable Tribal laws. The Department shall ensure

compliance with the substantive provisions of all otherwise applicable Tribal laws. The Department shall

establish procedures for ensuring that such remedial actions comply with the substantive requirements

adopted pursuant to such laws. The procedures shall provide an opportunity for comment by the public and

by the Tribal agencies that would otherwise implement the laws referenced in this section. Nothing in this

section is intended to prohibit implementing agencies from charging a fee to the person conducting the

remedial action to defray the costs of services rendered relating to the substantive requirements for the

remedial action.

(Amended 8/7/14, Resolution 2014-511, Certified 8/21/14)

(b) An exemption in this section or in any other applicable Tribal law shall not apply if the Department

determines that the exemption would result in loss of approval from a federal agency necessary for the

Tribe to administer any federal law, including the Federal Resource Conservation and Recovery Act; the

Federal Clean Water Act; the Federal Clean Air Act; and the Federal Coastal Zone Management Act. Such

a determination by the Department shall not affect the applicability of the exemptions to other statutes

specified in this section.

4-16-11

Cleanup Standards

(a) Surface water, groundwater, soil and sediment cleanup standards: The cleanup standards enforced by

the Department shall be those set forth in the State of Washington "Model Toxics Control Act" or, where

the Tribe has adopted more stringent standards as set forth in Appendix A, Appendix B, and Appendix C to

this Chapter, the cleanup standards enforced by the Department shall be those standards set forth in

Appendix A, Appendix B, and Appendix C which are incorporated in full herein by this reference.

(b) Application of standards:

(1) Application of standard methods A and B of the State of Washington Model Toxics Control

Act shall be at the sole discretion of the Department.

(Amended 8/7/14, Resolution 2014-511, Certified 8/21/14)

(2) When using Method C of the State of Washington Model Toxics Control Act the determination

of "commercial" or "industrial" land use status shall be at the Department's discretion in

consultation with the Tribal Planning Department. Commercial or industrial land use status shall

not be granted in community wellhead protection zones as delineated by the Department nor shall

it be granted in cases where in the opinion of the Department contamination from the site in

(August 2014)

17

question might be captured by a water source used for human consumption including but not

limited to wells and springs.

(3) Use of a background level or a Regional Background level will be determined at the sole

discretion of the Department with fair consideration given data and tests presented either by the

Department or by the site owner operator.

(Amended 8/7/14, Resolution 2014-511, Certified 8/21/14)

(4) In cases involving multiple chemicals with multiple health effects the Department may use

W.A.C. § 173 340 as guidelines to determine aggregate cleanup levels that are protective of

human health and the environment.

(5) The Department may consult with state and federal agencies, institutes of higher learning, and

other entities with expertise in toxic cleanup and human or environmental toxicology in order to

determine clean up levels which are protective of human health and the environment.

(Amended 3/20/03, Resolution 2003-131)

(Certified 3/26/03)

4-16-12

Sovereign Immunity

Nothing in this Chapter shall be construed to constitute a waiver of the sovereign immunity of the Tribe, or

of any instrumentality, agent, officer, or employee of the Tribe.

4-16-13

Captions

As used in this Chapter captions constitute no part of the law.

4-16-14

Construction

The provisions of this Chapter are to be liberally construed to effectuate the policies and purposes of this

Chapter. In the event of conflict between the provisions of this Chapter and any other act, the provisions of

this Chapter shall govern.

4-16-15

Effective Date

The effective date of this Chapter shall be the date this Chapter is enacted and adopted by the Council.

This Chapter shall apply retroactively.

4-16-16

Severability

If any provision of this Chapter or its application to any person or circumstance is held invalid, the

remainder of the Chapter or the application of the provision to other persons or circumstances is not

affected.

(Chapter 4-16-Adopted 12/9/99, Resolution 1999 828)

(August 2014)

18

APPENDIX A

COLVILLE TRIBAL HAZARDOUS SUBSTANCES CONTROL

Ground water cleanup levels

The following chart indicates the minimum cleanup levels for ground water, in terms of amount of

individual hazardous substance per unit volume, for the hazardous substances listed. These cleanup levels shall

remain in effect until the Environmental Trust Department ("Department") amends them. The Department may also

establish more stringent cleanup levels for a specific site, when, based on a site specific evaluation, the Department

determines that such levels are necessary to protect human health and the environment.

For substances not listed below, refer to the state of Washington's current publication on "Model Toxics Control Act

Cleanup Levels and Risk Calculations."

Hazardous Substance

CAS Number

Cleanup Level

Arsenic

7440-38-2

5.0 ug/liter

Benzene

71-43-2

5.0 ug/liter

Cadmium

7440-43-9

5.0 ug/liter

Chromium (Total)

7440-47-3

50.0 ug/liter

DDT

50-29-3

0.1 ug/liter

1.2 Dichloroethane

107-06-2

5.0 ug/liter

Ethylbenzene

100-41-4

30.0 ug/liter

Ethylene dibromide

106-93-4

0.01 ug/liter

Gross Alpha Particle Activity

15.0 pCi/liter

Gross Beta Particle Activity

4.0 mrem/yr

Lead

7439-92-1

5.0 ug/liter

Lindane

58-89-9

0.2 ug/liter

Methylene chloride

75-09-2

5.0 ug/liter

Mercury

7439-97-6

2.0 ug/liter

PAHs (carcinogenic)

0.1 ug/liter

PCB mixtures

0.1 ug/liter

Radium 226 and 228

5.0 pCi/liter

Radium 226

3.0 pCi/liter

Tetracholoroethylene

127-18-4

5.0 ug/liter

Toluene

108-88-3

40.0 ug/liter

Total Petroleum Hydrocarbons

1,1,1 Trichloroethane

1000.0 ug/liter

71-55-6

200.0 ug/liter

(August 2014)

19

Hazardous Substance

CAS Number

Cleanup Level

Trichloroethylene

79-01-5

5.0 ug/liter

Vinyl chloride

75-01-4

0.2 ug/liter

Xylenes

1330-20-7

20.0 ug/liter

(Amended 8/7/14, Resolution 2014-511, Certified 8/21/14)

APPENDIX B

Soil cleanup levels

The following chart indicates the minimum cleanup levels for soil, in terms of amount of individual

hazardous substance per unit mass, for the hazardous substances listed. These cleanup levels shall remain in effect

until the Environmental Trust Department ("Department") amends them. The Department may also establish more

stringent cleanup levels for a specific site, when, based on a site specific evaluation, the Department determines that

such levels are necessary to protect human health and the environment.

For substances not listed below, refer to the state of Washington's current publication on "Model Toxics

Control Act Cleanup Levels and Risk Calculations."

Hazardous Substance

CAS Number

Cleanup Level

Arsenic

7440-38-2

20.0 mg/kg

Benzene

71-43-2

0.5 mg/kg

Cadmium

7440-43-9

2.0 mg/kg

Chromium

7440-47-3

100.0 mg/kg

DDT

50-29-3

1.0 mg/kg

Ethylbenzene

100-41-4

20.0 mg/kg

Ethylene dibromide

106-93-4

0.001 mg/kg

Lead

7439-92-1

250 mg/kg

Lindane

58-89-9

1.0 mg/kg

Methylene chloride

75-09-2

0.5 mg/kg

Mercury (inorganic)

7439-97-6

1.0 mg/kg

PAHs (carcinogenic)

1.0 mg/kg

PCB Mixtures

1.0 mg/kg

Tetrachloroethylene

127-18-4

0.5 mg/kg

Toluene

108-88-3

40.0 mg/kg

TPH (gasoline)

100.0 mg/kg

TPH (diesel)

200.0 mg/kg

TPH (other)

200.0 mg/kg

(August 2014)

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1,1,1 Trichloroethane

71-55-6

20.0 mg/kg

Trichloroethylene

79-01-5

0.5 mg/kg

Xylenes

1330-20-7

20.0 mg/kg

(Amended 8/7/14, Resolution 2014-511, Certified 8/21/14)

APPENDIX C

Sediment Cleanup Levels for the Protection of

Human Health and Sediment-Dwelling Organisms

This Appendix describes the SCL-derivation framework for sediments for the protection of human health,

and the SCLs for the protection of sediment-dwelling organisms. This Appendix also sets forth appropriate method

for calculation of regional background levels of selected COPCs for sediments. The sediment quality standards

established under the HSCA include narrative SCLs, numerical SCLs, and biological SCLs. The narrative standards

apply to those toxic or bioaccumulative substances for which numerical standards are not listed in Tables 1 or 2.

The numerical standards apply to all other substances.

The numerical standards for the protection of human health and sediment-dwelling organisms shall be applied using

the framework presented in Figure 1. In accordance with this framework, the first step in the two step process for

determining the numerical standards is the establishment of preliminary sediment cleanup levels. To establish

preliminary sediment cleanup levels, a list of COPCs is developed, along with the rationale for inclusion or

exclusion of each candidate COPC. Then, the numerical SCLs for the protection of human health, the numerical

SCLs for the protection of sediment-dwelling organisms, and any other applicable federal or state criteria or

standards is identified. The lowest of the applicable SCLs, criteria, or standards is then selected as the preliminary

SCL for each COPC.

In the second step of the process, the Department compares the preliminary SCL for each COPC to the upper limit

of regional background levels for that substance. The higher of the two values is then selected as the SCL for each

COPC. The resultant SCL is then compared to the concentration of the COPC in each sediment sample that is

collected at the site under investigation. For sites at which the SCLs for the protection of sediment-dwelling

organisms are selected as the preliminary SCLs, the biological standards may be applied to determine if sediment

quality conditions meet the sediment quality standards (see Figure 1). In such cases, the biological standards take

precedence over the numerical SCLs established using this framework.

(Amended 8/7/14, Resolution 2014-511, Certified 8/21/14)

(August 2014)

21

(August 2014)

22

1.

Sediment Cleanup Levels for the Protection of Human Health

Three types of SCLs may be established for the protection of human health to support the assessment and

management of contaminated sediments, including:

•

•

•

Narrative SCLs;

Generic numerical SCLs; and

Site-specific numerical SCLs.

(Amended 8/7/14, Resolution 2014-511, Certified 8/21/14)

1.1

Narrative Sediment Cleanup Standards for the Protection of Human Health

Numerical SCLs for the protection of human health have been established for PAHs, PCBs, organochlorine

pesticides, and PCDDs/PCDFs (see Table 1). For bioaccumulative substances for which there are no

numerical standards in Table 1, the following narrative standard shall apply: Bioaccumulative substances

shall not occur in sediments, either singly or in combination, at concentrations that cause, or can reasonably

be expected to cause, injury to human health.

(Amended 8/7/14, Resolution 2014-511, Certified 8/21/14)

1.2

Numerical Sediment Cleanup Levels for the Protection of Human Health

Numerical SCLs for the protection of human health are listed in Table 1. These numerical standards

identify the minimum cleanup levels for contaminated sediments and shall be considered during the

selection of preliminary SCLs for bioaccumulative COPCs (see Figure 1 for an overview of the framework

for SCLs for the assessment and management of contaminated sediments).

(Amended 8/7/14, Resolution 2014-511, Certified 8/21/14)

1.3

Site-Specific Sediment Cleanup Levels for the Protection of Human Health

The numerical standards for the protection of human health listed in Table 1 are intended to provide a

consistent basis for establishing preliminary SCLs for bioaccumulative COPCs. However, in some cases, it

may be appropriate to develop site-specific SCLs to support the determination of preliminary SCLs (i.e.,

for substances not listed in Table 1 or when site-specific conditions are considered to be atypical). In these

cases, the numerical SCLs for the protection of human health may be replaced by site-specific SCLs for

non-carcinogens and/or carcinogens.

(Amended 8/7/14, Resolution 2014-511, Certified 8/21/14)

Table 1 indicates the minimum numerical cleanup levels for contamination in sediments caused by the listed

hazardous substances for the protection of human health. These cleanup levels are given in μg of contaminant/kg of

organic carbon (OC). A Colville Reservation fish consumption rate of 400 g/day was used in the calculation of the

cleanup levels in Table 1.

Table 1. Sediment Cleanup Levels for the Protection of Human Health

Sediment Cleanup

Levels (μg/kg OC)

Chemicals of Concern

Polycyclic Aromatic Hydrocarbons

Benzo(a)pyrene

7.020

Dibenz[a,h]anthracene

7.020

Benz[a] anthracene

7.020

Chrysene

4.485

(August 2014)

23

Benzo(b)fluoranthene

7.020

Benzo(k)fluoranthene

7.020

Indeno(1,2,3 cd)pyrene

7.020

Polychlorinated Biphenyls

Aroclor 1016

0.501

Aroclor 1242

0.173

Aroclor 1248

0.173

Aroclor 1254

0.173

Aroclor 1260

0.173

Total PCBs

0.173

Pesticides

Aldrin

0.013

Chlordane

0.173

Dieldrin

0.014

p,p-DDD

0.926

p,p-DDE

0.559

p,p-DDT

0.663

Total DDT*

0.826

Endosulfan

3,672.5

Endrin

55.9

Heptachlor

0.133

Heptachlor epoxide

0.066

Alpha hexachlorocyclohexane(HCH)

0.096

Beta HCH

0.325

Technical HCH

0.335

Lindane (gamma HCH)

0.468

Mirex*

5.785

Toxaphene*

1.651

Dioxins and Furans

1,2,3,4,6,7,8 Heptachlorodibenzo p-dioxin

1.222

1,2,3,4,6,7,8 Heptachlorodibenzofuran

1.222

1,2,3,4,7,8,9 Heptachlorodibenzofuran

1.222

(August 2014)

24

1,2,3,4,7,8 Hexachlorodibenzo-p-dioxin

0.005

1,2,3,4,7,8 Hexachlorodibenzofuran

0.005

1,2,3,6,7,8 Hexachlorodibenzo-p-dioxin

0.005

1,2,3,6,7,8 Hexachlorodibenzofiaran

0.005

1,2,3,7,8,9 Hexachlorodibenzo-p-dioxin

0.005

1,2,3,7,8,9 Hexachlorodibenzofuran

0.005

1,2,3,7,8 Pentachlorodibenzo-p-dioxin

0.001

1,2,3,7,8 Pentachlorodibenzofuran

0.003

2,3,4,6,7,8 Hexachlorodibenzofuran

0.005

2,3,4,7,8 Pentachlorodibenzofuran

3.16E-4

2,3,7,8 Tetrachlorodibenzo-p-dioxin

1.53E-5

2,3,7,8 Tetrachlorodibenzofuran

0.001

Octachlorodibenzodioxin

12.220

Octachlorodibenzofuran

12.220

(Amended 8/7/14, Resolution 2014-511, Certified 8/21/14)

1.3

Site-Specific Sediment Cleanup Levels for the Protection of Human Health

The numerical standards for the protection of human health listed in Table 1 are intended to provide a

consistent basis for establishing preliminary SCLs for bioaccumulative COPCs. However, in some cases, it

may be appropriate to develop site-specific SCLs to support the determination of preliminary SCLs (i.e.,

for substances not listed in Table 1 or when site-specific conditions are considered to be atypical). In these

cases, the numerical SCLs for the protection of human health may be replaced by site-specific SCLs for

non-carcinogens and/or carcinogens.

Table 1 indicates the minimum numerical cleanup levels for contamination in sediments caused by the

listed hazardous substances for the protection of human health. These cleanup levels are given in μg of

contaminant/kg of organic carbon (OC). A Colville Reservation fish consumption rate of 400 g/day was

used in the calculation of the cleanup levels in Table 1. For the purpose of deriving site-specific SCLs, the

procedures described in WAC 173-204-561 (WDOE 2013) shall generally be applied by the Department,

subject to the use of additional considerations with respect to key parameters for the calculation of riskbased concentrations for site-specific reasonable maximum exposure (RME) scenarios to be outlined in

guidance documents.

(Amended 8/7/14, Resolution 2014-511, Certified 8/21/14)

2.0

Sediment Cleanup Levels for the Protection of Sediment-Dwelling Organisms, Fish, and AquaticDependent Wildlife

2.1.

Narrative Cleanup Levels for the Protection of Ecological Receptors

Numerical SCLs for the protection of sediment-dwelling organisms have been established for metals,

PAHs, PCBs, and organochlorine pesticides (see Table 2). For toxic or bioaccumulative substances for

which there are no numerical standards in Table 2, the following narrative standards shall apply:

(Amended 8/7/14, Resolution 2014-511, Certified 8/21/14)

(i) Toxic substances shall not occur in sediments, either singly or in combination, at

concentrations that cause, or can reasonably be expected to cause, injury to ecological receptors,

including aquatic plants, sediment-dwelling organisms, or benthic fish; and,

(August 2014)

25

(ii) Bioaccumulative substances shall not occur in sediments, either singly or in combination, at

concentrations that cause, or can reasonably be expected to cause, injury to ecological receptors,

including aquatic plants, sediment-dwelling organisms, fish, or aquatic-dependent wildlife.

All response actions implemented in accordance with HSCA shall comply with the preceding narrative

standards for sediment quality.

(Amended 8/7/14, Resolution 2014-511, Certified 8/21/14)

2.2

Numerical Cleanup Levels for the Protection of Sediment-Dwelling Organisms

Numerical SCLs for the protection of sediment-dwelling organisms are listed in Table 2. The

numerical SCLs listed in Table 2 define the concentrations of selected COPCs that are likely to be

associated with no adverse acute or chronic effects on the benthic community. These numerical

standards are also considered to be protective of benthic fish species. The SCLs for the protection of

sediment-dwelling organisms are stated in milligrams per kilogram (mg/kg) for metals or Φg/kg for

other COPCs, expressed on a dry weight basis.

The numerical standards listed in Table 2 identify the minimum cleanup levels for contaminated

sediments and shall be considered during the selection of preliminary SCLs for toxic COPCs (see

Figure 1 for an overview of the framework for selecting preliminary SCLs for the assessment and

management of contaminated sediments). Adverse effects on sediment-dwelling organisms or benthic

fish have the potential to occur when the SCL for one or more COPCs are exceeded in a sediment

sample collected at a site under investigation. The results of chemical analyses of sediment samples

may be used to evaluate sediment quality conditions only if the practical quantification limit (PQL) for

each COPC at the site is below the corresponding SCL.

Where the numerical standards listed in Table 2 represent the sum of two or more individual

substances, the following methods shall be applied:

(i) The concentration of total PAHs shall be calculated as the sum of the concentrations of the 13

parent PAHs, including 2-methylnaphthalene,

acenaphthene, acenaphthylene, anthracene,

fluorene, naphthalene,

phenanthrene, benz(a)anthracene, benzo(a)pyrene, chrysene,

dibenz(a,h)anthracene, fluoranthene, and pyrene;

(ii)The concentration of total PCBs shall be calculated as the sum of the 209 PCB congeners or 10

homolog groups, including monochlorobiphenyls, dichlorobiphenyls, trichlorobiphenyls,

tetrachlorobiphenyls, pentachlorobiphenyls, hexachlorobiphenyls, heptachlorobuphenyls,

octachlorobiphenyls, nonachlorobiphenyls, and decachlorobiphenyl. In the absence of data on the

concentrations of individual PCB congeners or homologs, total PCB concentrations may be

estimated as the sum of seven PCB mixtures, including Aroclor 1016, Aroclor 1221, Aroclor

1232, Aroclor 1242, Aroclor 1248, Aroclor 1254,

and Aroclor 1260

(iii) The concentration of chlordane shall be calculated as the sum of cis- (or alpha) chlordane and

trans- (or gamma) chlordane;The concentration of sum DDD shall be calculated as the sum of 2,4DDD and 4,4-DDD. The concentration of sum DDE shall be calculated as the sum of 2,4-DDE

and 4,4-DDE. The concentration of sum DDT shall be calculated as the sum of 2,4-DDT and 4,4DDT. The concentration of total DDT shall be calculated as the sum of 2,4-DDD, 4,4-DDD, 2,4DDE, 4,4-DDE, 2,4-DDT and 4,4-DDT; and,

(iv) When the concentration of a substance is reported as less than the specified PQL, a value of

one-half of the PQL shall be used in the calculation of the total concentration of the analyte group

(e.g., total PAHs). However, non-detected measurements with PQLs above the numerical SCL

should not be included in the total calculation.

(Amended 8/7/14, Resolution 2014-511, Certified 8/21/14)

(August 2014)

26

(August 2014)

27

2.3

Site-Specific Sediment Cleanup Levels for the Protection of Ecological Receptors

The numerical standards for the protection of sediment-dwelling organisms listed in Table 2 are intended to

provide a consistent basis for establishing preliminary SCLs for toxic COPCs. In some cases, the

Department may determine that it is appropriate to develop site-specific SCLs to support the determination

of preliminary SCLs (i.e., for substances not listed in Table 2, for bioaccumulative substances that could

adversely affect fish or aquatic-dependent wildlife, or when site-specific conditions are considered to be

atypical; e.g., low levels of OC are present in site sediments, sites affected by metals mining, milling or

smelting activities, taxa of special concern are present at the site, etc.). In these cases, the Department may

decide in its sole discretion to substitute site-specific SCLs for selected COPCs in place of the numerical

SCLs for the protection of sediment-dwelling organisms . In making this determination, the Department

must assure that criteria outlined in guidance documents is followed:

(i) Sediments from the site (representing the <2.00 mm fraction) are collected for chemical

analysis and toxicity testing, with sediments submitted to the laboratories for chemical analysis

and toxicity testing representing true splits of the sediment collected at each sampling station. A

quality assurance project plan (QAPP) and field sampling plan (FSP) that describe the proposed

sediment investigation shall be submitted to the Department for review and approval prior to

conducting any sediment sampling;

(ii) Sediments from the site are collected in accordance with the Department approved QAPP/FSP;

(iii) Sediments from the site are evaluated using a suite of whole-sediment toxicity tests ;

(iv) The acceptability of the whole-sediment toxicity tests is evaluated using the test acceptability

criteria described in USEPA (2001) and ASTM (2012a);

(v)The results of the whole-sediment toxicity tests are evaluated using the reference envelope approach;

and

(vi) The toxicity of sediment samples from the site under investigation are evaluated using the

biological criteria specified in Table 3.

(Amended 8/7/14, Resolution 2014-511, Certified 8/21/14)

(August 2014)

28

3.0

Procedures for Evaluating the Toxicity of Contaminated Sediments within the Waters of the Colville

Indian Reservation.

3.1

Design of the Sediment Sampling Program

Sediment sampling programs for evaluating sediment quality conditions at sediment contaminated sites (i.e., to

determine if sediment standards are exceeded at a site that may contain contaminated sediments) or evaluating

the efficacy of remedial actions (i.e., to determine if sediment standards have been met following remedy

implementation) shall be designed to assess the nature and extent of sediment contamination and whole-sediment

toxicity at the site under investigation. General guidance on the design of sediment sampling programs is

provided in MacDonald and Ingersoll (2002). A key element of the study design will be selection of reference

areas from which to obtain an adequate number of reference sediment samples to support interpretation of

toxicity test results. The conceptual design also needs to describe the sampling program for evaluating the nature

and extent of contamination and toxicity, along with the associated rationale for the proposed sampling design.

A conceptual design for the proposed sediment sampling program must be submitted to the Department for

(Amended 8/7/14, Resolution 2014-511, Certified 8/21/14)

(August 2014)

29

review and approval prior to the development of a Quality Assurance Project Plan (QAPP) and Field Sampling

Plan (FSP) for the study.

(Amended 8/7/14, Resolution 2014-511, Certified 8/21/14)

3.2

Collection of Sediment Samples

Sediment samples for evaluating the nature and extent of contamination and sediment toxicity shall be collected

using appropriate methods. Standard methods for collection, storage, characterization, and manipulation of

sediment samples for toxicity testing are described in ASTM (2012b). In addition, USEPA (2001) provides

guidance on the collection, storage, manipulation, and characterization of sediment samples collected to support

toxicity testing.

(Amended 8/7/14, Resolution 2014-511, Certified 8/21/14)

3.3

Chemical Analysis

Sediment samples collected to support the development of site-specific SCLs shall be evaluated to determine the

concentrations of all COPCs (e.g., metals, simultaneously extracted metals, PAHs, PCBs, organochlorine

pesticides, and PCDDs/PCDFs), as well as the concentrations of those variables that support interpretation of the

data on COPC concentrations (e.g., total organic carbon, acid volatile sulfide, grain size). Responsible persons

must develop a list of COPCs for the site and the rationale for their selection. The rationale for eliminating

candidate COPCs from the list should also be provided. Furthermore, the PQL for each COPCs must be lower

than the numerical standards listed in Table 1 and 2). All such information must be submitted to the Department

for review and approval prior to developing a Quality Assurance Project Plan (QAPP) and a Field Sampling Plan

(FSP) for the study.

(Amended 8/7/14, Resolution 2014-511, Certified 8/21/14)

3.4

Toxicity Testing

Sediment samples collected to support assessment of compliance with the biological criteria listed in Table 3, or

to support development of site-specific SCLs, must be evaluated using a suite of toxicity tests that include, at

minimum, the following:

(i) 10-d whole-sediment toxicity tests with the midge, Chironomus dilutus (Endpoints: survival, ash-free

dry weight, and biomass); and,

(ii) 28-d whole-sediment toxicity tests with the amphipod, Hyalella azteca (Endpoints: survival, weight,

and biomass).

At sites located within the historic range of taxa of special concern (e.g., freshwater mussels, white sturgeon, bull

trout, adfluvial rainbow trout, etc.) or at sites with sediments that are contaminated by substances that are

expected to adversely affect the reproduction of ecological receptors (e.g., PCBs, PCDDs/PCDFs), may be

required by the Department to conduct additional toxicity tests at all or a subset of the stations that are sampled.

The suite of such additional toxicity tests include, but are not limited, to:

(i) 28-d whole-sediment toxicity tests with the freshwater mussel, Lampsilis siliquoidea (Endpoints:

survival, weight, biomass);

(ii) 50- to 65-d whole-sediment toxicity tests with the midge, Chironomus dilutus (Endpoints: survival,

ash-free dry weight, biomass, percent emergence and emergence time, number of egg cases oviposited,

number of eggs produced, number of eggs hatched); and/or,

(iii) 42-d whole-sediment toxicity tests with the amphipod, Hyalella azteca (Endpoints: survival,

growth, biomass, and number of young per female).

Responsible persons must confer with the Department prior to developing a study plan to obtain information on

Department approved methods for toxicity testing. Responsible persons are also required to prepare a list of

(August 2014)

30

proposed whole-sediment toxicity tests, along with the rationale for their selection, and must submit the materials

to the Department for review and approval prior to developing a QAPP and FSP for the study.

(Amended 8/7/14, Resolution 2014-511, Certified 8/21/14)

3.5

Development of a Reference Envelope for Evaluating Sediment Toxicity

A reference envelope approach shall be used to designate sediment samples as toxic or not toxic sediments. To

implement this approach, candidate reference sediment samples must first be collected from one or more areas

that are considered to represent reference conditions. Candidate reference areas may be identified using the

results of historical sampling programs conducted within the Reservation Environment and/or nearby areas.

Information on the chemical composition and toxicological characteristics of at least of six (6) reference

sediment samples are required to implement the reference envelope approach. Responsible persons are

encouraged to include more than the minimum number (6) of candidate reference sediment samples in the

sampling program, in case one or more of the samples are determined by the Department as not qualifying as

reference sediment samples.

Following the completion of chemical analysis and toxicity testing, the candidate reference sediment samples

must then be evaluated to determine if they qualify for use in reference envelope development. More

specifically, reference sediment samples must meet the following chemical and biological requirements

(MacDonald et al. 2012):

Chemical Requirements - Candidate reference sediment samples must be substantially free of contamination to

qualify as reference sediment samples, as indicated by:

Mean PEC-QMETALS(1%OC) <0.1;

PEC-QTOTAL PAH <0.1;

PEC-QTOTAL PCB < 0.1;

Mean PEC-QORGANOCHLORINE PESTICIDES < 0.1;

Mean PEC-Q <0.1;(3SEM-AVS)/fOC <130 _mol/g; and,3ESBTU <0.1.

[Where: PEC-Q = probable effect concentration-quotient; OC = organic carbon; fOC = fraction organic carbon;

SEM = simultaneously extracted metals; AVS = acid volatile sulfides; and, ESBTU = equilibrium-based

sediment benchmarks for toxic units (PAHs). See MacDonald and Ingersoll 2002, USEPA 2003, and USEPA

2005 for information on the calculation of these metrics.]

Biological Requirements - Candidate reference sediment samples must meet test acceptability criteria for

negative control samples for the toxicity tests that were conducted, as specified in ASTM (2012a). Attainment of

the biological requirements shall be evaluated on a test-by-test basis (i.e., a sediment sample may qualify as a

reference sediment sample for one or more toxicity tests).

Candidate reference sediment samples that meet both the chemical requirements and the biological requirements

in the pool of reference sediment samples that are used to develop the reference envelope for each toxicity test.

Following the evaluation and selection of reference sediment samples for each toxicity test, a reference

envelope shall be determined for each toxicity test that was conducted and each endpoint that was

measured. The reference envelope for each toxicity test endpoint shall be established by determining the

range of the biological responses that were measured in the toxicity tests conducted with reference

sediment samples. The reference envelope for each toxicity test endpoint shall include all of the controladjusted response data for reference sediment samples between the minimum value and the maximum

value for each endpoint, where the control-adjusted response is described as the mean response observed in

the test sediment as a percentage of the mean response in the batch control sediment.

The purpose of the reference envelope is to define the normal range of responses for sediment-dwelling

organisms exposed to relatively uncontaminated sediment samples. Sediment samples with effect values

(August 2014)

31

within the reference envelope shall be designated as not toxic for the endpoint under consideration.

Sediment samples with effect values that fall below the lower limit of the reference envelope shall be

designated as toxic for the endpoint under consideration. Minor adverse effects on sediment-dwelling

organisms are expected when effect values for a toxicity test endpoint falls below, but within 10% of, the

lower limit of the reference envelope. Major adverse effects on sediment-dwelling organisms are expected

when effect values for a toxicity test endpoint falls below the lower limit of the reference envelope by

greater than 10%.

The results of the toxicity tests shall be used to determine if the site-specific SCL is exceeded at each

sampling station at the site. The site-specific SCL for a sampling station is exceeded when:

(i) Two or more of the toxicity test endpoints indicate that minor effects on sediment-dwelling

organisms are expected; and/or,

(ii) One or more of the toxicity test endpoints indicate that major effects on sediment-dwelling

organisms are expected.

All data generated under a QAPP and FSP must be submitted to the Department for review and evaluation.

(Amended 8/7/14, Resolution 2014-511, Certified 8/21/14)

3.6

Development of Site-Specific Numerical Sediment Cleanup Levels

In certain specific cases, the Department may require responsible persons to develop site-specific numerical

SCLs In these cases, sediment sampling at the site will include collection and characterization of a

substantial number of sediment samples representing a broad gradient in COPC concentrations. All of

these samples, along with the required number of reference sediment samples, shall be evaluated to

determine the concentrations of COPCs and toxicity to sediment-dwelling organisms. Further guidance on

the methods that may be used to develop site-specific numerical SCLs shall be provided by the Department

on request.

(Amended 8/7/14, Resolution 2014-511, Certified 8/21/14)

4.0

Regional Background Levels of Chemicals of Potential Concern

Regional background concentrations for COPCs that have the potential to contaminate sediments must be

determined to meet the second step of the SCL determination process. As part of the HSCA framework, the

preliminary SCL for each COPC is compared to the upper limit of regional background levels for that

substance. The higher of the two values is then selected as the SCL for each COPC. Sinclair et al. (2013)

provides an example of appropriate calculation of regional background calculation for a large-area site.

The determination of regional background concentrations is site-specific and values determined for one site

may not be directly applicable to other sediment sites.

In accordance with 4-16-3 Environmental Trust

may recover costs associated with establishing regional background levels.

(Amended 8/7/14, Resolution 2014-511, Certified 8/21/14)

(August 2014)

32

1,2,3,4,6,7,8-Heptachlorodibenzo-p-dioxin

3.76

1,2,3,4,6,7,8-Heptachlorodibenzofuran

3.76

1,2,3,4,7,8,9-Heptachlorodibenzofuran

3.76

1,2,3,4,7,8-Hexachlorodibenzo-p-dioxin

0.0144

1,2,3,4,7,8-Hexachlorodibenzofuran

0.0144

1,2,3,6,7,8-Hexachlorodibenzo-p-dioxin

0.0144

1,2,3,6,7,8-Hexachlorodibenzofuran

0.0144

1,2,3,7,8,9-Hexachlorodibenzo-p-dioxin

0.0144

1,2,3,7,8,9-Hexachlorodibenzofuran

0.0144

1,2,3,7,8-Pentachlorodibenzo-p-dioxin

0.00288

1,2,3,7,8-Pentachlorodibenzofuran

0.00815

2,3,4,6,7,8-Hexachlorodibenzofuran

0.0144

2,3,4,7,8-Pentachlorodibenzofuran

0.000972

2,3,7,8-Tetrachlorodibenzo-p-dioxin

0.0000470

2,3,7,8-Tetrachlorodibenzofuran

0.00408

Octachlorodibenzodioxin

37.6

Octachlorodibenzofuran

37.6

OC = organic carbon; NS = no sediment quality standard is derived. Standards to be developed as more data

become available.

Chart II. Sediment Cleanup Levels for the Protection of Sediment-dwelling Organisms

Substance

Sediment Cleanup Levels

Metals (in mg/kg DW)

Arsenic

9.79

Cadmium

0.99

Chromium

43.4

Copper

31.6

Lead

35.8

Mercury

0.18

Nickel

22.7

Zinc

121

Polycyclic Aromatic Hydrocarbons (µg/kg DW)

Anthracene

57.2

Fluorene

77.4

Naphthalene

176

Phenanthrene

204

(August 2014)

33

Benz[a]anthracene

108

Benzo(a)pyrene

150

Chrysene

166

Fluoranthene

423

Pyrene

195

Total PAHs

1610

Polychlorinated Biphenyls (µg/kg DW)

Total PCBs

59.8

Organochlorine Pesticides (µg/kg DW)

Chlordane

3.24

Dieldrin

1.90

Sum DDD

4.88

Sum DDE

3.16

Sum DDT

4.16

Total DDTs

5.28

Endrin

2.22

Heptachlor Epoxide

2.47

Lindane (gamma-BHC)

2.37

DW = dry weight

(Amended 8/7/14, Resolution 2014-511, Certified 8/21/14)

(Amended 3/20/03, Resolution 2003-131)

(Certified 3/26/03)

(August 2014)

34