POLLUTANT DISCHARGE PROHIBITION ORDINANCE

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TITLE 37

POLLUTANT DISCHARGE PROHIBITION ORDINANCE

OF THE

HOOPA VALLEY INDIAN RESERVATION

HOOPA, CALIFORNIA

ORDINANCE NO: 3-95

DATE APPROVED: August 3, 1995

SUBJECT:

_ WHEREAS :

WHEREAS :

PROHIBITING THE DISCHARGE OF POLLUTANTS IN THE HOOPA

VALLEY INDIAN RESERVATION.

The Hoopa Valley Tribe did on June 20, 1972, adopt a

Constitution and Bylaws which was approved by the

Commissioner of Indian Affairs on August 18, 1972,

ratified and confirmed by Congress in 1988 in Section 8

of Public Law 100-580, and Article V of this

Constitution establishes that the Hoopa Valley Tribal

Council is the governing body of the Tribe, and under

Article IX, the Council is authorized to: enforce the

protection of Tribal property, wildlife, and natural

resources, Section 1 (e); safeguard and promote the

safety and general welfare of the Tribe and the

Reservation community, Section 1 (1); and

Prohibiting the discharge of pollutants in the

Reservation is consistent with the goals of the Hoopa

Valley Tribe and the Federal Government for the

protection and enhancement of the quality of the waters

of the Reservation, and

' The Tribal Council has concluded that it is necessary to

exercise Tribal authority over wellhead protection

within the exterior boundaries of the Hoopa Valley

Indian Reservation, and over other activities in order

to protect fundamental Tribal ceremonial, property

interests, water quality, and the public health and

safety; and

THEREFORE BE IT NOW RESOLVED THAT: It shall be the policy of the

Tribe and its authorized entities and departments to

vigorously enforce the provisions of this Ordinance and

the Water Quality Control Plan; continue technical and

legal efforts pertaining to Trinity and Klamath River

water rights and flow allocations; monitor off

Reservation waters which flow into the Reservation for

pollutants; and to coordinate with the off-reservation

jurisdiction of the North Coast Regional Water Quality

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"POLLUTANT DISCHARGE PROHIBITION ORDINANCE

ORDINANCE NO: 3-95

DATE APPROVED: August 3, 1995

Control Board, State Water Quality Control Board, or the

State of California or any of its agencies, with regard

to matters herein regulated by the Tribal authority.

BE IT FURTHER RESOLVED THAT: The Tribal Council hereby reaffirms

its intent that the provisions of this Ordinance be

enforceable equally against Tribal members, non-members

of the Tribe and upon private lands within the exterior

boundaries of the Reservation, and accordingly the

Tribal Chairman is authorized and directed, in

consultation with the Office of Tribal Attorney and the

Planning Department, to transmit this Ordinance to the

Bureau of Indian Affairs, Indian Health Service, North

Coast Regional Water Quality Control Board, Humboldt

County Board of Supervisors, Inter Tribal Fish and Water

Commission, Karok Tribe, Yurok Tribe, Klamath River Task

Force, Trinity River Task Force, and the Environmental

Protection Agency, and to seek the support of those

agencies through a Memorandum of Agreement, Memorandum

of Understanding, or Cooperative Agreement, if

appropriate for this important assertion of Tribal

jurisdiction.

BE IT FURTHER RESOLVED THAT: The Tribal Council hereby reaffirms

its previous decisions in Resolutions 81-80, 81-90, 81-

91, 81-93, and 94-19; and that it is the intent of the

Hoopa Tribe to prohibit the commercial use of

herbicides, pesticides, and insecticides within the

exterior boundaries of the Reservation unless

specifically exempted; and to oppose the use of such

chemicals outside the exterior boundaries of the

Reservation within watersheds affecting Tribal

resources. ,

BE IT FURTHER RESOLVED THAT: Under the authority contained in the

Constitution of the Hoopa Valley Tribe, the Hoopa Valley

Tribal Council hereby enacts this Ordinance prohibiting

the discharge of pollutants in the Hoopa Valley Indian

Reservation,

Section 1. SHORT TITLE, FINDINGS, AND PURPOSE

1.1 Short Title: This Ordinance shall be known as the Pollutant

Discharge Prohibition Ordinance of the Hoopa Valley Tribe.

1.2 Findings: The Hoopa Valley Tribal Council hereby finds as

follows:

(A) Since time immemorial, the Trinity River, its tributary

streams, the streambeds thereof, and the riparian areas

POLLUTANT DISCHARGE PROHIBITION ORDINANCE

ORDINANCE NO: 3-95

DATE APPROVED: August 3, 1995

(B)

adjacent thereto, have been natural resources of the

most profound significance to the Hoopa Valley Tribe,

and Hupa people have always used these resources for

cultural, ceremonial, religious, fishery, seasonal

residential, and other purposes fundamental to the

Tribe's way of life.

The people of the Hoopa Valley Tribe have a primary

interest in the protection, control, and conservation of

the water resources which flow into and through the

Hoopa Valley Indian Reservation, and the quality of such

waters must be protected to insure the health, economic,

aesthetic, and cultural well-being of the Hupa People.

Various sites along the Trinity River are or may be

contaminated with toxic or hazardous materials as a

result of previous land use activities, many of which

were authorized without adequate review of impacts or

without adequate disclosure to the Tribe of the

potential for such impacts, and the contamination at

these sites may, if not properly contained and cleaned

up, pose significant risks to water quality and public

health.

The Tribal Council hereby finds that wellhead protection

is a pro-active approach to managing public groundwater

supplies focusing on preventing contaminants from

entering recharge areas to public water supply wells.

Protecting wellheads involves: knowing: the location and

boundaries of the recharge area; identifying any

potential sources of contamination in the recharge area;

controlling those potential sources to prevent the

release of contaminants; and, controlling future land

use in the recharge area to prevent activities which are

known to threaten groundwater quality.

Pursuant to federal law as determined by the US Supreme

Court in such cases as Montana v..United States, 450 US |

544 (1981), the Hoopa Valley Tribe possesses inherent

sovereign authority to regulate on-Reservation pollution

discharges that affect fundamental Tribal interests and

the public health and safety, including when such

activities are conducted by non-members of the Tribe on

privately owned land within the Reservation.

Under 1988 amendments to the Clean Water Act, 33 U.S.C.

1377, Indian Tribes are entitled to be certified by the

US Environmental Protection Agency as authorized to

exercise exclusive jurisdiction (Tribal primacy) over

all on-Reservation surface and ground water quality

matters, including over on-Reservation portions of

POLLUTANT DISCHARGE PROHIBITION ORDINANCE

ORDINANCE NO: 3-95

DATE APPROVED: August 3, 1995

waters, such as those of the Trinity and Klamath Rivers,

that also flow through other jurisdictions.

(G) Regulation or elimination of all discharges of

pollutants into the waters of the Hoopa Valley Indian

Reservation is necessary at this time in order to

maintain the quality of those waters for their

beneficial uses by members of the Hoopa Valley Tribe and

residents of the Reservation.

(H) Such protection of Reservation waters is not adequately

provided for under existing legislation, and such

protection will be furthered by the passage, adoption,

and implementation of this Ordinance.

Purpose: The purpose of this Ordinance is to exercise

comprehensive Tribal regulatory authority over all surface and

groundwater matters, and to protect fundamental Tribal

cultural, ceremonial, religious, fisheries, seasonal

residential, public health and safety, and water quality

issues by ensuring adequate drinking water, protecting

beneficial uses, prohibiting all point source discharges and

restricting non-point source discharges of pollutants within

the exterior boundaries of the Hoopa Valley Reservation.

Scope: The provisions of this Ordinance shall apply to all

existing and proposed point and non-point pollution discharges

into surface or ground waters, and to all activities which

have the potential to affect cultural, ceremonial, religious,

fisheries, seasonal residential, public health and safety,

water quality, and other fundamental interests of the Tribe,

including such activities conducted by non-members of the

Tribe or on privately owned lands. Activities to be regulated

hereunder include but are not limited to:

(A) Landfills and open dumps;

(B) Storage of animal waste;

(D) Landfilling of sludge or septic system waste;

{E) Individual, residential, industrial, commercial, or

agricultural sewage treatment facilities;

(F) 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, welis,

pipelines, flumes, canals, and intake or diversion

systems;

POLLUTANT DISCHARGE PROHIBITION ORDINANCE

ORDINANCE NO: 3-95

DATE APPROVED: August 3, 1995

(G)

(H)

(0)

Underground and above-ground liquid storage containers;

Surface and subsurface removal of mineral resources,

overburden, rock, or soii, including quarry operations

(borrow pitting) for road surfacing or other uses;

All prospecting activities involving removal of soil or

rock materials, including operations involving the

reopening of existing mine pits, tunnels, or quarries;

Sand and gravel operations;

Activities such as suction dredging, that have the

potential to affect the riparian area, water quality, or

_ channel morphology;

Potential non-point source pollution problem areas

including agricultural, mining, construction, urban

runoff, silviculture, salt water intrusion, hydrological

modification, and residential activities;

Identified point source pollution problem areas such. as,

but not limited to, Copper Bluff Mine, Celtor Chemical

Works, Cal-Pacific site, Meskat Masonite Mill.

Application of herbicide, insecticide or other pesticide

or toxic material or fertilizer for non-domestic use.

The provisions of this Ordinance shall apply to all

wellhead protection areas within the exterior boundaries

of the Reservation, to all persons and businesses on the

Hoopa Valley Indian Reservation, to all land, trust or

fee, and to all activities in areas with the potential

to affect water quality, public health and safety, and

other fundamental interests of the Tribe.

Section 2. DEFINITIONS

For the purposes of this Ordinance, the following words and phrases

shall have the following meanings:

“Aquifer” means any geologic formation capable of yielding a

significant amount of potentially recoverable water.

"Beneficial uses" means all lawful uses of waters identified

in the Water Quality Control Plan. Uses may include but are

not limited to domestic, commercial, industrial, agricultural,

traditional, cultural, recreational uses, and use by fish and

wildlife for habitat or propagation.

POLLUTANT DISCHARGE PROHIBITION ORDINANCE

ORDINANCE NO: 3-95

DATE APPROVED: August 3, 1995

O "Tribal Council" means the Hoopa Valley Tribal Council.

“Designated use” means a use that is specified in water

quality standards as a goal for a waterbody segment, whether

or not it is currently being attained.

“Existing uses” means all uses actually attained in the

waterbody on or after November 28, 1975, whether or not they

are explicitly stated as designated uses in the water quality

standards or presently existing uses.

"Forest management activity" means any activity conducted on

or directly pertaining to forest land or relating to growing,

harvesting, or processing timber.

"Hazardous Materials" means 1. any substance that poses a

threat to human health or the environment. Typical hazardous

substances are toxic, corrosive, ignitable, explosive, or

chemically reactive. 2. Any substance named by EPA to be

reported if a designated quantity of the substance is spilled

in the waters of the United States or if otherwise emitted

‘into the environment. |

"Herbicide" means any chemical compound designed to control or

destroy plants, weeds, or grasses.

C) . “Historical uses” means all uses that have historical

significance for the Hoopa Valley Tribe.

"Tnsecticide" means any compound designed or used to kill or

control the growth of insects.

“Impervious Barrier” means any material or structure on,

above, or below the ground that does not allow precipitation

or surface water to penetrate directly into the underlying

surface. .

“Mining” means any activities designed for the extraction of

minerals.

“Mitigation" means a measure taken to reduce adverse impacts

on the environment.

"Non-point source" means any pollution sources which are

diffuse and do not have a single point of origin or are not

introduced into a receiving stream from a specific outlet.

"Derson” means any individual, corporation, partnership,

association, agency, municipality, commission, or department,

including the Hoopa Valley Tribe or other federally recognized

“Tribal government.

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POLLUTANT DISCHARGE PROHIBITION ORDINANCE

ORDINANCE NO: 3-95

DATE APPROVED: August 3, 1995

"Desticide” means any substance or mixture of substances

intended for preventing, destroying, repelling, or mitigating

any pest. Also, any substance or mixture of substances

intended for use as a plant regulator, defoliant, or |

desiccant.

"Doint source” means any discernible, confined and discrete

conveyance, including but not limited to any pipe, ditch,

channel, tunnel, conduit, culvert, well, discrete fissures,

containers, rolling stock, concentration animal feeding

operation, vessel or other floating craft.

"“Dollutant" means any substance that will alter the quality of

the waters of the Reservation.

“Potential uses” means all uses attainable in the waterbody,

whether or not they are explicitly stated as designated uses

in the water quality standards or presently potential uses.

"Quality of the water or waters" means any chemical, physical,

biological, bacteriological, radiological, and other

properties and characteristics of water which affect its use.

"Raservation" means all land, air, and water located within

the exterior boundaries of the Hoopa Valley Indian

Reservation.

"Toxic Materials" means any chemical or mixture that presents

an unreasonable risk or injury to human health or the

environment.

“Recharge Area” means any areas that collects precipitation or

surface water and carries it to aquifers. Recharge areas may

include areas designated as wellhead protection areas.

"Variance" means an authorized written permission for a delay

or exception in the application of a given law, ordinance, or

regulation.

"waste" includes waste water and any and all other substances,

liquid, solid, gaseous, radioactive, heat laden, associated

with human habitation, or of human or animal origin, or from

any of man's activities including producing, manufacturing, or

processing operation of whatever nature, including such waste

placed within containers of whatever nature prior to, and for

purposes of, disposal.

"Waters of the Reservation" or "Reservation waters" means any

water, surface or underground, contained within, flowing

- POLLUTANT DISCHARGE PROHIBITION ORDINANCE

ORDINANCE NO: 3-95

DATE APPROVED: August 3, 1995

through or bordering upon the Hoopa Valley Indian Reservation

or any portion thereof.

"Water Quality Control Plan" is a document designating or

establishing for the waters within a specified area (1)

beneficial uses to be protected, (2) water quality objectives,

and (3) a program of implementation needed for achieving and

maintaining water quality objectives.

"Water Quality Criteria" means specific levels of water

quality which, if reached, are expected to render a body of

water suitable for its beneficial use. .

“Wellhead protection area” means the surface and subsurface

area surrounding a water well or well field, supplying a

domestic water system, through which contaminants are

reasonable likely to move toward and reach such water well or

well field.

Section 3. ESTABLISHMENT OF DUTIES, FUNCTIONS,

AND AUTHORITIES

Tribal Planning Department: the Tribal Planning Department of

the Hoopa Valley Tribe, shall be responsible for:

(A) The designation of beneficial uses for the waters of the

Reservation;

(B) Developing a Water Quality Control Plan for the waters

of the Reservation. The Water Quality Control Plan

shall contain sections pertaining to beneficial uses,

water quality criteria, and anti degradation policy,

where the Hoopa Valley Tribal Forest Management Plan

will act as the antidegradation policy for all

silvicultural activities on the Reservation;

which do not support beneficial uses;

(D) Establishing and overseeing the Tribe's water quality

monitoring, enforcement, and compliance programs;

(E) Establishing and overseeing the Tribe's point and nonpoint source permit review system;

(F) Conducting biannual assessments of the Tribe's Water

Quality Control Plan for review by the Tribal Council.

(G) Develop regulation to further the purposes of this

Ordinance

POLLUTANT DISCHARGE PROHIBITION ORDINANCE

ORDINANCE NO: 3-95

DATE APPROVED: August 3, 1995

3.2

3.3

Riparian Review Committee: The Riparian Review Committee

established under Tribal Code section 35.3, consisting of

three persons the Water Quality Coordinator or his

representative; Tribal Fisheries Director or his

representative; and the Tribal Forestry Director or his

representative, shall be responsible for:

(A)

(F)

Reviewing the Water Quality Control Plan, Biannual Water

Quality Assessments, National Pollution Discharge

Elimination System Permits, other permits and review

procedures, as set forth in this Ordinance;

Specifying document submission and record keeping.

requirements to be adhered to by all potential

dischargers or applicants for permits;

Establishing criteria for the assessment of application

and processing fees.

Issuing permits, as required by this Ordinance, after

approval by the Tribal Council. The Riparian Review

Committee shall provide a recommendation with proposed

findings on each permit for Tribal Council approval.

Entering and inspecting any property, premises, or

facility involved in any activity which may affect water

quality on any lands within the exterior boundaries of

the Reservation. Such inspections may include but are

not limited to:

(1) Obtaining samples of soil, rock, vegetation, air,

water or other substances deemed necessary;

(2) Setting up and maintaining monitoring equipment for

the purpose of assessing compliance with beneficial

uses, water quality criteria, anti degradation

policy, applicable regulations, best management

practices, or health or safety hazards;

Obtaining from the Tribal Court a warrant or other order

which may be necessary to carry out its responsibilities

under this ordinance.

Reviewing and recommending regulation for Tribal Council

approval to further the purposes of this ordinance;

following notice and hearings or written opportunity for

public comment.

Department of Public Safety and Emergency Services: The

provisions of this Ordinance shall be enforced by the

Department of Public Safety and Emergency Services. Any

Tribal Law Enforcement Officer, or any person officially

appointed by the Hoopa Valley Tribal Council in consultation

POLLUTANT DISCHARGE PROHIBITION ORDINANCE

ORDINANCE NO: 3-95

DATE APPROVED: August 3, 1995

3.4

‘with the Director of the Department of Public Safety may issue

the following for violations:

(A)

(B)

Cease Orders or Citations: Upon determination that any

person is discharging or causing to be discharged or is

about to discharge into any Reservation waters, directly

or indirectly, any pollutant which constitutes a

violation of this Ordinance, a Cease Order or Citations

will be served.

It shall be a civil offense, for which a fine of not

less than $100.00 shall be assessed, to obstruct or

otherwise interfere. with investigative or other

activities of any agent or officer of the Tribe carrying

out this ordinance.

Tribal Court: The Hoopa Valley Tribal Court shall have

jurisdiction of all cases and controversies arising under this

ordinance.

(A)

Upon failure of any person to comply with provision of

this Ordinance, the Riparian Review Committee, by and

through an attorney, may petition the Tribal Court for

an injunction or other order requiring the person to

comply herewith. In any such suit, the court shall have

jurisdiction to grant a prohibitory or mandatory

injunction, either preliminary or permanent, and to levy

such fines as the facts may warrant and at a minimum to

cover all clean-up and administrative costs;

Any person who in violation of this ordinance discharges

any pollutant into the waters of the Reservation shall

be liable for all costs associated with or necessary to

clean up, abate, or remove said pollutants from the

waters of the Reservation and restore the quality of the

waters of the Reservation to their condition as they

existed immediately prior to the discharge.

Section 4. PERMITTING

Permits Required: Any person who intends to alter or enlarge

an existing activity described in section 1.4 of this

ordinance, or to commence a new such activity, or who intends

to cause or direct such alteration, enlargement or

commencement of such activities, shall prior to alteration, or

enlargement or commencement of such activities, apply for and

obtain a valid permit from the Riparian Review Committee after

approval by the Tribal Council. ‘

(A)

A processing and monitoring fee,’ as established by the

Riparian Review Committee shall be paid to the Tribe at

POLLUTANT DISCHARGE PROHIBITION ORDINANCE

ORDINANCE NO: 3-95

DATE APPROVED: August 3,.-1995

(E)

the time of filing. These fees may be used as an

honorarium for the Riparian Review Committee.

Five (5) copies of the application and any proposed

mitigation plan shall be furnished by the applicant.

Upon receipt of a permit application, the Riparian

Review Committee shall transmit one copy to the Public

Utilities District, and the Hoopa Valley Tribal Council

for their written recommendations. Failure of the

departments to respond in writing to the Riparian Review

Committee within thirty (30) days of receipt shall

indicate approval or no desire to comment by the

department.

Permit application shall indicate whether activities are

proposed within certain wellhead protection areas

consisting of aquifers or recharge areas.

Except as otherwise provided in this Ordinance, permit

applicants shall demonstrate that the proposed

alteration, enlargement or new regulated activity wiil

not adversely affect water quality and is designed to

avoid substantial disturbance of the soils, topography,

drainage, vegetation and other water related natural

characteristics of the site.

Permit applications, any required environmental

documents, and mitigation plan proposals must

demonstrate compliance with applicable Tribal

regulations including but not limited to those

pertaining to water quality, hazardous substances,

environmental impact evaluations, and riparian

protection.

4.2 Categorical Exclusions: The Tribal Council may by regulation

exclude categories of uses, activities or projects from

requirements of this Ordinance for one or more of the

following reasons:

Naturally occurring pollution;

Natural low-flow conditions;

Irretrievable human-caused conditions;

Substantial and widespread economic and social impacts.

Variances to established water quality objectives may be

granted by the Riparian Review Committee after approval

by the Tribal Council, only when the applicant

satisfactorily demonstrates that:

POLLUTANT DISCHARGE PROHIBITION ORDINANCE

ORDINANCE NO: 3-95

DATE APPROVED: August 3, 1995

(A) Water guality will not be permanently impaired;

(B) Public health will not be threatened;

(Cc) No significant adverse environmental effects will occur

due to the limited size or scale of a proposed activity;

(D) A mitigation plan approved by Riparian Review Committee

demonstrates that all discharges will be below

established water quality standard as set forth in the

Water Quality Control Plan before the expiration of the

variance;

(E) The variance does not exceed one year from the date of

issuance; and

(F) A 30 day public review period has passed with at least

one ‘public meeting. ,

Section 5. WELLHEAD PROTECTION

Establishment and Delineation of Wellhead Protection Areas:

For the purpose of this Ordinance, there are hereby

established within the exterior boundaries of the Hoopa Valley

Indian Reservation certain wellhead protection areas,

consisting of aquifers and/or recharge areas with minimum

zoning radii of 100 feet for groundwater extraction of 1,000

gallons per day (gpd); 200 feet for 5,000 gpd; 300 feet for

20,000 gpd; 400 feet for wells pumping 100,000 gpd or more.

These wellhead protection areas are delineated on a map at a

scale of 1 inch to 1,000 feet and is entitled "Wellhead

Protection Overlays.” This map and additional wellhead

protection criteria are to,be included in the Water Quality

Control Plan. .

Wellhead Protection Boundary Disputes: If the location of the

wellhead protection area in relation to a suspected prohibited

use is in doubt, resolution of boundary disputes shall be

‘through the Hoopa Valley Realty Department in conjunction with

the Hoopa Valley Planning Department.

Disputants shall be afforded notice and an opportunity to be

heard after prima facie showing by the Tribe as to the

prohibited activities occurring in the wellhead protection

area, the burden of proof shall be upon the owner(s) of the

land in ‘question to show where the boundary should properly he

located. At the request of the owner(s), the Hoopa Valley |

Tribe may engage a professional engineer (civil or sanitary),

hydrologist, geologist, or surveyor to determine more

accurately the boundaries of the wellhead protection area with

POLLUTANT DISCHARGE PROHIBITION ORDINANCE

ORDINANCE NO: 3-95

DATE APPROVED: August 3, 1995

respect to individual parcels of land, and may charge the

owner(s) for all or part of the cost of the investigation.

5.3 Use Regulation: In the wellhead protection area the following

regulations shall apply:

5 3.1 Permitted Uses: The following uses are allowed within the

designated wellhead protection area, provided that all

necessary permits, orders, or approvals required by the Hoopa

Valley Tribe are obtained:

(A) Conservation of soil, water, plants, and wildlife;

(B) Outdoor recreation, nature study, boating, fishing, and

hunting where otherwise legally allowed;

(D) Normal operation and maintenance of existing water

bodies and dams. Splash boards, and other water

control, supply, and conservation devices;

(E) Farming, gardening, nursery, conservation, forestry,,

harvesting, and grazing; .

(F) Construction, maintenance, repair, and enlargement of

drinking water supply related facilities such as, but

not limited to, wells, pipelines, aqueducts, and

tunnels.

5.3.2 Uses and Activities Requiring a Wellhead Protection Area Use

Permit: The following uses and activities are permitted

within the wellhead protection area only upon the issuance of

a wellhead protection area use permit by the Riparian Review

Committee after approval by the Tribal Council:

(A) Landfills and open dumps;

(B) Storage of liquid petroleum products, except when used

for normal household use, outdoor maintenance, and the

heating of a structure;

{C) Landfilling of sludge or septic system waste;

(D) Storage of chemicals unless such storage, including

loading areas, is within a structure designated to fully

contain any accidental spills;

(E) Storage of over 25 yards of animal manure;

(F) Automobile graveyards and junkyards;

POLLUTANT DISCHARGE PROHIBITION ORDINANCE

ORDINANCE NO: 3-95

DATE.APPROVED: August 3, 1995

(G)

Installation of new private or public cesspools or

septic tanks or other wastewater disposal system.

However, the following activities are allowed:

(1) The replacement or repair of an existing treatment

works that will not result in a design capacity

greater than the design capacity of the existing

treatment works;

(2) The replacement of existing subsurface sewage

disposal system(s) with wastewater treatment works

that will not result in a design capacity greater

than the design capacity of the existing system(s);

Industrial and commercial uses which discharge processed

wastewater directly to septic tanks;

Storage of commercial fertilizers, as defined in the

Hoopa Valley Tribal Code, unless such storage is within

a structure designed to fully contain any accidental

spills;

The use of septic system cleaners which contain toxic or

hazardous chemicals, as defined by EPA guidelines;

The application of pesticides, including herbicides,

insecticides, fertilizers, fungicides, and rodenticides,

for non-domestic or non-agricultural uses. ~

Enlargement or alteration of existing uses that do not

conform to this Ordinance; _

Those activities that involve the handling of toxic or

hazardous materials in quantities greater than those

associated with normal household use;

The construction of ponds, pools or other water control

devices. |

The construction of sewage disposal system that do not

meet septic tank sizing, leachfield sizing and soil

percolation requirements as will be established in the

Water Quality Control Plan.

Procedures for Issuance of Wellhead Protection Area Use

Permits: The applicant shall file five(5) copies of

environmental documents, site plans, and all other attachments

required by the Riparian Review Committee. The site plan

shall be drawn of professional quality and at a proper scale

as determined by the Riparian Review Committee. All

additional submittals shall be prepared by qualified

POLLUTANT DISCHARGE PROHIBITION ORDINANCE

ORDINANCE NO: 3-95

DATE APPROVED: August 3, 1995

professionals. The site plan and ali attachments shall at a

minimum include the following information where pertinent:

(A) A complete list of chemicals, pesticides, herbicides,

fertilizers, fuels, and other potentially hazardous

materials to be used or stored within the wellhead

protection area;

{(B) For those activities using or storing such hazardous

| materials, a hazardous materials management plan shall

be prepared and filed with the hazardous materials

coordinator of the Hoopa Volunteer Fire Department, fire

chief of the Hoopa Volunteer Fire Department, and the

Riparian Review Committee. The plan shall include:

(1) Provisions to protect against the discharge of

hazardous materials or wastes to the environment

due to spillage, accidental damage, corrosion,

leakage, or vandalism, including spill containment

and clean up procedures;

(2) Provisions for indoor, secured storage of hazardous

Materials and wastes with impervious floor

surfaces.

monitoring well(s), should the Riparian Review Committee

deem the activity a potential groundwater threat.

Section 6. Surface Water Quality Standards

The Water quality standards described in this section apply to all

waters of the reservation. Water quality standards described in

this section designate beneficial uses and water quality for the

waters of the reservation. Any subsequent standards that may be

described in the Water Quality Control Plan must be at least as

stringent as the standards provided below.

6.1 .Designated Uses: For the purpose of this Ordinance, there are

hereby established the following designated uses for the

waters of the Reservation. A waterbody that is not listed in

Section 6.1.1 but that is a tributary to a listed waterbody

shall be protected by the water quality standards that have

been established for the nearest downstream waterbody listed

in Section 6.1.1. Water bodies within the Reservation which

do not have beneficial uses designated for them are assigned

wildlife habitat designations. These wildlife habitat

designations in no way affect the presence or absence of other

beneficial use designations in these water bodies. Further

classification will be based on the size of the waterbody and

its historic and environmental significance. Further, if a

POLLUTANT DISCHARGE PROHIBITION ORDINANCE

ORDINANCE NO: =9 3-95

DATE APPROVED: August 3, 1995

waterbody has more than one designated use listed in Section

6.1.1, the applicable water quality criterion for a pollutant

‘is the most stringent of those prescribed to protect the

designated uses of the waterbody

The

(A)

(D)

(E)

codes used in Section 6.1.1 are as follows:

Municipal and Domestic Supply (MUN) includes usual uses

in community water systems and domestic uses from

individual water supply systems.

Agricultural Supply (AGR) includes crop, orchard and

pasture irrigation, stock watering, support of

vegetation for range grazing and all uses in support of

farming and ranching operations.

Industrial Service Supply (IND) includes uses that do

not depend primarily on water quality such as mining,

cooling water supply, hydraulic conveyance, gravel

washing, and fire protection.

Industrial Process Supply (PROC) includes process water

supply and all uses related to the manufacturing of |

products.

Groundwater Recharge (GWR) includes natural or

artificial recharge for future extraction for beneficial

uses.

Hydropower Generation (POW) means used for hydropower

generation.

Cold Freshwater Habitat includes uses of water that

support cold water econsystems including, but not

limited to, preservation,or enhancement of aquatic

habitats, vegetation, fish, or wildlife, including

invertebrates.

Water Contact Recreation (REC-1) includes all

recreational uses involving actual body contact with

water, such as swimming, wading, water-skiing, skindiving, surfing, sport fishing, uses in therapeutic spas

and other uses where ingestion of water is reasonably

possible.

Non-Contact Water Recreation (REC-2) includes

recreational uses which involve the presence of water

but do not require contact with water, such as

picnicking, sunbathing, hiking, beach combing, camping,

pleasure boating, hunting, and aesthetic enjoyment.

POLLUTANT DISCHARGE PROHIBITION ORDINANCE

ORDINANCE NO: 3-95 _

DATE APPROVED: August 3, 1995

(J)

(M)

Preservation of Areas of Special Biological Significance

(BIOL) includes aquatic and wildlife refuges, ecological

reserves and designated areas of special biological

significance.

Wildlife Habitat (WILD) provides a water supply and

vegetative habitat for the maintenance of wildlife.

Preservation of Threatened and Endangered Species (T&E)

provides an aquatic habitat necessary, at least in part,

for the survival of certain species established as being

threatened and endangered species.

Fish Migration (MGR) provides a migration route and

temporary aquatic environment for anadromous or other

fish species.

Fish Spawning (SPWN) provides a high quality aquatic

habitat especially suitable for fish spawning.

Cultural {CUL) has: religious, ceremonial, subsistence

significance or provides a role in Hoopa Tribal culture.

POLLUTANT DISCHARGE PROHIBITION ORDINANCE

ORDINANCE NO:

DATE APPROVED: August 3, 1995

Cy 6a.

3-95

Use Classification Key

The use classification key is as follows:

Full: protection will be afforded to existing, potential and

2 Fu

= Potential Use

= Existing Use

Historical Use

/A = Not Applicable

historical uses of the Reservation waters.

Inter

Unit: State | MUN | AGR] IND | PROC | GWR | POW | COLD | REC-1

Mill Creek x E E P H EB E EB

Tish Tang Xx P P P P E P E

Pine Creek x P P N/A| N/A E E E

Campbell Creek. 4 5 E P P EK H/P EB E

Supply Creek xX E E P P E | H/P E E

Trinity River x P P E E E. P E E

Klamath River x P Pp P P E N/A E =

Soctish Creek P E P P E P E E

Hostler Creek P E P P EK H/P E E

Hospital Creek P E P P E N/A E E

Captain John E EB P P E |N/A E E

Big Creek P P P P E P 5 E

Gibb Gulch E E P P E N/A E E

The remainder of the page is left blank to maintain the

intergrity of the table.

POLLUTANT DISCHARGE PROHIBITION ORDINANCE

ORDINANCE NO: 3-95

DATE APPROVED: August 3, 1895

6.2

Inter

Unit State| REC-2 | BIOL] WILD | T&E | MGR | SPWN | CUL

Mill Creek x EK N/A E E E E H

Tish Tang Xx B N/A E E E E H

Pine Creek x E N/A E E EB E H

Campbell Xx E N/A E E E E H

Suppty Creek X E N/A| E E B E A

Trinity River Xx E N/A E E E E E

Klamath River x E N/A B E E E H

Soctish Creek E N/A E EK E E H

Hostler Creek E N/A E E E E H

Hospital E N/A E N/A | N/A | N/A H

ESptSin John E N/A| EF N/A | N/A | N/A |

Big Creek E N/A] FE N/A | N/A | N/A H

Gibb Gulch E N/A| 5 E E E H

General Water Quality Criteria: The following criteria set

forth limits or levels of water quality characteristics for

surface waters to ensure the reasonable protection of

beneficial uses from degradation or unreasonable effect of

point and nonpoint pollution which may be a result of any

cause including agricultural, mining, construction, urban

runoff, silviculture, salt. water intrusion, hydrological

modification and residential activities. The water quality

standards included in this Ordinance are developed on a

Reservation wide basis. .

(A) Color: Waters shall be free of coloration that causes

nuisance or adversely affects beneficial uses.

(B) Tastes and Odors: Waters shall not contain taste or

odor-producing substances in concentrations that impart

undesirable tastes or odors to fish flesh or other

* edible products of aquatic origin, that cause nuisance

or adversely affect beneficial uses.

material, including solids, liquids, foams, and scum, in

concentrations that cause nuisance, adversely affect

beneficial uses, or degrade water quality.

{(D) Suspended Material: Waters shall not contain suspended

material in concentrations that cause nuisance or

adversely affect beneficial uses.

POLLUTANT DISCHARGE PROHIBITION ORDINANCE

ORDINANCE NO: 3-95

DATE APPROVED: August 3, 1995

(E)

Settleable Material: Waters shall not contain

Substances in concentrations that result in deposition

of material that causes nuisance or adversely affect

beneficial uses.

Oil and Grease: Waters shall not contain oils, greases,

waxes, or other materials in concentrations that result

in a visible film or coating on the surface of the water

or on objects in the water, that cause nuisance, or that

otherwise adversely affect beneficial uses.

Biostimulatory Substances: Waters shall not contain

biostimulatory substances in concentrations that promote

aquatic growths to the extent that such growths cause

nuisance or adversely affect beneficial uses. .

Sediment: The suspended sediment load and suspended

sediment Gischarge rate of surface waters shall not be

altered in such a manner as to cause nuisance or

adversely affect beneficial uses.

Turbidity: Turbidity shall not be increased more than

twenty (20) percent above naturally occurring background

levels.

pH: The pH shall not be depressed below 7.0 nor raised

above 8.5. .

Dissolved Oxygen: Dissolved oxygen concentrations shall

not be reduced below the following minimum levels at any

time.

Waters designated COLD .......--- 202 ee eee 6.0 mg/l

Waters designated SPWN ..........2--+ ee ee eee 7.0 mg/l

Waters designated SPWN during critical

spawning and egg incubation periods ... ... 2.0 mg/l

Bacteria: The bacteriological quality of waters of the

Reservation shall not be degraded beyond natural

background levels. In waters designated for contact

recreation (Reci), the median fecal coliform

concentration based on a minimum of not less than five

samples for any 30-day period shall not exceed 50/100

mi, nor shall more than ten percent of total samples

during any 30-day period exceed 400/100 ml.

Temperature: The natural receiving water temperature of

intrastate waters shall not be altered unless it can be

demonstrated to the satisfaction of the Tribal Council

that such alteration in temperature does not adversely

affect beneficial uses. ,

POLLUTANT DISCHARGE PROHIBITION ORDINANCE

ORDINANCE NO: 3-95

DATE APPROVED: August 3, 1995

At no time or place shall the temperature of any water be

increased by more than 5° fF above natural receiving water

temperature.

Toxicity: All waters shall be maintained free of toxic

Substances in concentrations that are toxic to, or that

produce detrimental physiological responses in human,

plant, animal, or aquatic life. Compliance with this

objective will be determined by use of indicator

organisms, analyses of species diversity, population

density, growth anomalies, bioassays of appropriate

duration or other appropriate methods as specified by

the Riparian review Committee.

(1) The survival of aquatic life in surface waters

subjected to a waste discharge, or other

controllable water quality factors, shall not be

less than that for the same water body in areas

unaffected by the waste discharge, or when

necessary for other control water that is

consistent with the requirements for "experimental

water" as described in Standard Methods for the

Examination of Water and Waste Water, latest

edition. As a minimum, compliance with this

objective as stated in the previous sentence shall

be evaluated with a 96-hour bioassay.

(2) Effluent limits based upon acute bioassays of

effluents will be prescribed where appropriate,

additional numerical receiving water standards for

specific toxicants will be established as

sufficient data become available, and source

control of toxic substances will be encouraged.

Pesticides: No individual pesticide or combination of

pesticides shall be present in concentrations that

adversely affect beneficial uses. There shall be no

bioaccumulation in pesticide concentrations found in

bottom sediments or aquatic life.

POLLUTANT DISCHARGE PROHIBITION ORDINANCE

ORDINANCE NO: 3-95 .

DATE APPROVED: August 3, 1995

(P)

Radioactivity: Radionuclides shall not be present in

Concentrations which are deleterious to human, plant,

animal or aquatic life nor which result in the

accumulation of radionuclides in the food web to an

extent which present a hazard to human, plant, animal or

indigenous aquatic life.

Maximum Contaminant

Constituent Level, pCi/1l

Combined Radium-226 and Radium-228 5

Gross Alpha particle activity 15

(including Radium-226 but

excluding Radon and Uranium)

Tritium 20,000

Strontium-30 8

Gross Beta particle activity 50

6.3 Water Quality Criteria for Toxic Pollutants: The potential

benefits to human health of establishing toxic criteria

include: (1) Reducing the potential health risks to persons

eating fish contaminated with toxic pollutants, (2) reducing

the potential health risks to persons drinking contaminated

drinking water, and (3) reducing the potential health risks to

swimmers from dermal exposure to contaminated surface waters.

The criteria listed below consist of two measures. The “Water

and Organisms” measure represents the maximum ambient water

concentration for consumption of both contaminated water and

fish or aquatic organisms and to all water designated MUN.

The “Organisms Only” measure represents the maximum ambient

water concentration for consumption of fish or other aquatic

organisms and applies to ail waters without an MUN

designation. The exposure to concentrations above the

following specified criteria shall not exceed a thirty (30)

day duration. All concentrations are micrograms per liter

(ug/L), except asbestos which is million fibers per liter

(MFL).

POLLUTANT DISCHARGE PROHIBITION ORDINANCE

3-95

August 3,

ORDINANCE NO:

DATE APPROVED: 1995

Human Health

(107° risk for

carcinogens)

For consumption of:

Water & Organisms Chemical

“Priority” Pollutant Organisms Only CAS No.

Acenapthene 83-32-9

Acrolein 320 780 | 107-02-8

Acrylonitrile 0.059 0.66 | 107-13~-1

Aldrin 0.00013 0.00014 | 309-00-2

Anthracene 9,600 110,000 | 120-12-7

Antimony 14 4,300 | 7440-36-0

Arsenic 0.018 0.14 | 7440-38-2

Arsenic V 17428-41-0

Arsenic III 22569-72-8

Asbestos TMFL 1332-21-4

Benzene 1.2 ~ 71 | 71-43-2

Benzidine 92-87-5

Benzo (a) Anthracene 0.0028 0.031 | 56-55-3

Benzo (a) Pyrene . 0.0028 0.031 | 50-32-8

The remainder of the page is

of the table.

left blank to maintain the intergrity

CO)

POLLUTANT DISCHARGE PROHIBITION ORDINANCE

3-95

August 3,

ORDINANCE NO:

DATE APPROVED: 1995

Human Health

(10°% risk for

carcinogens)

For consumption of:

Water & Organisms — Chemical

“Priority” Pollutant Organisms Only CAS No.

Benzo (b) Fluoranthene 0.0028 0.031 | 205-99-2

Benzo (k) Flucranthene 0.0028 0.031 | 207-08-S

| BHC-Alpha 0.0039 0.013 | 319-84~-6

BHC-Beta 0.014 0.046 | 319-85-7

BHC-Gamma 0.019 0.063 | 58-83-93

Bromoform 4.3 360 | 75-25-2

Cadmium 7440-43-9

Carbon tetrachloride 0.25 4.4} 56-23-5

Chlordane 57-74-9

Chlorinated benzenes 488

Chlorinated naphthalenes

Chloroalkyl ethers

Chlorobenzene 680 21,000 | 108-90-7

Chlorcdibromomethane 0.41 34 | 124-48-1

Chloroethyl Ether (Bis-2) 0.031 1.4 | 111-44-4

| Chloroform 5.7 470 | 67-66-3

Chloroisopropyl Ether (Bis-2) 1400 170,000 | 108-60-1

Chloromethyl Ether (Bis) 3.6x10-7 0.000184 | 542-88-1

Chlorophenoxy Herbicide (2,4,5,-Tp) 10

Chlorophenoxy Herbicide (2,4,-D) 100

Chrysene . 0.0028 0.031 | 218-01-9

Cyanide 700a 220000 | 57-12-5

DDT 4,4’ 0.00059 0.00059 | 50-29~3

DDT metabolite: DDD 0.00083 0.00084 | 72-54-8

DDT metabolite: DDE 0.00059 0.00059 | 72-55-9

Dibenzo(a,h)Anthracene 0.0028 0.031 | 53+-70-3

Di-n-butyl Phthalate 2,700 12,000 | 84-74-2

Dichlorobenzenes 400 2,600 | 25321-22-6

Dichlorobenzene,1,2- 2, 7090 17,900 ; 95-50-1

Dichlorobenzene,1,3- 400 2,600 | 541~73-1

Dichlorobenzene,1,4- 400 2,600 | 106-46-7

Dichlorobenzidine 0.01 0.02

Dichlorobenzidine, 3, 3- 0.04 0.077 | 91-94-1

POLLUTANT DISCHARGE PROHIBITION ORDINANCE

3-95

August 3,

ORDINANCE NO:

DATE APPROVED: .

1995

Human Health

(10°° risk for

carcinogens)

For consumption of:

Water & Organisms Chemical

“priority” Pollutant Organisms Only CAS No.

Dichlorobomomethane 0.27 22 | 75-27~-4

Dichloroethane,1,2- 0.38 99 107-062

Dichloroethylenes 0.0033 0.0185 | 25323-30-3

Dichloroehtylene,1,1- 0.057 3.2 | 75-35-4

Dichloropropane 87 14,100 | 26638~19-7

Dichloropropylene,1,3- 10 1,700 | 542-75-6

Dieldrin . 0.00014 0.00014 | 60-57-1

Diethyl Phthalate — 23,000 120,000 } 84-66-2

Dimethyl Phthalate 313,995} 2,900,000 | 131-11-3

Dinitrophenol,2,4-. 70 14,000 |} 51-28-5

Dinitrophenol,2-,Methyl, 4, 6- 13.4 765) 534-52-1

Dinitro-o-cresol,2, 4- 13.4 765

Dinitrotoluene, 2, 4- 0.11 -9.1] 121-14-2

Dioxin [2,3,7,8-TCDD] 1.3x10-8 1.4x10°8 | 1746-01-6

Diphenylhydrazine, 1,2- 0.04 0.54 | 122-66-7

Di-2-ethylhexyl Phthalate 1,500 50,000

Endosulfan 0.93 2.0) 115-29-7

Endosulfan—alpha 0.93 2.0 | 959-98-8

Endosulfan-beta 0.93 2.0 | 33213-65-39

Endrin 0.76 0.81] 72-20-8

Endrin Aldehyde 0.76 0.81 | 7421-93-4

Ether, Bis (2-Chloroethyl) 0.031 1.4] 111-44-4

Ether, Bis (2-Chloroisopropyl) 1,400 170,000 | 108-60-1

Ethylbenzene 3,100 29,000 | 100-41-4

Fluoranthene 300 370 | 206-44-0

Fluorene 1,300 - 14,000 | 86-73-7

Halomethanes. 0.19 15.7

Heptaclor 0.00021 0.00021 | 76-44-8

Heptachlor epoxide 0.00010 0.00011 | 1024-57-3

Hexachlorobenzene 0.00075 0.00077 | 118-74-1

Hexachlorobutadiene 0.44 50 | 87-68-3

Hexachlorocyclohexane-Alpha 0.0039 0.013

POLLUTANT DISCHARGE PROHIBITION ORDINANCE

ORDINANCE NO: 3-95

DATE APPROVED: August 3,

Human Health

(10°°. risk for

carcinogens)

For consumption of:

Water & Organisms Chemical

“Priority” Pollutant Organisms Only CAS No.

Hexachlorocyclohexane-Beta 0.014 0.040

Hexachlorocyclohexane-Gamma 0.019 0.063 | 58-89-39

Hexachlorocyclopentadiene 240 17,000 | 77-47-4

Hexachloroethane 1.9 8.9 | 67-72-1

Indeno (1,2,3-cd) Pyrene 0.0028 0.031 | 193-39-5

Tron 300 13463-40-6

Isophorone 8.4 ~ 600 | 78-59-1

Manganese 50 7439-96-5

Mercury 0.14 0.15 | 7439-97-6

Methoxyclior 100 72-43-5

Methyl Bromide 6-48 4,000 | 74-83-93

Methylene Chloride 4.7 1,600 | 74-87-3

Monochlorobenzene 488 :

Nickel 610 4,600 | 7440-02-0

Nitrite 1,000

Nitrobenzene 17 1,900 | 98-95-3

Nitrosamines 0.0008 1.24 | 35576-91-1

Nitrosodibutylamine, N- 0.0064 0.587 | 924-16-3

Nitrosodiethylamine,N- 0.0008 1.24 | 55-18-5

Nitrosodimethylamine, N- 0.00069 8.1] 62-75-9

Nitrosodiphenylamine, N- 5.0 16 | 86-30-6

Nitrosopyrolidine,N- 0.016 91.9 | 930-55-2

PCBs 0.000044 0.000045 | 1336-36-3

Pentachlorobenzene 74 ~ 85 | 608-93-5

Pentachlorophenol 0.28 8.2 | 87-86-5

Phenol 21,000 4,600,000 | 108-95-2

Phthalate, Bis (2-Ethylhexyl) 1.8 5.9 | 117-81-7

| Polynuclear aromatic hydrocarbons 0.0028 0.0311

Pyrene 960 11,000 | 129-00-0

Tetrachlorobenzene, 1,2,4,5- 38 48 | 95-94-3

Tetrachloroethane,1,1,2,2- 0.17 11] 79-34-5

Tetrachloroethylene 0.8 8.85 | 127-18-4

Thallium 1.7 6.3 | 7440-28-0

Toluene 6, 800 200,000 | 108-88-3

POLLUTANT DISCHARGE PROHIBITION ORDINANCE

ORDINANCE NO: 3-35

DATE APPROVED: August 3, 1995

Human Health

(10°° risk for

carcinogens)

For consumption of:

Water & Organisms Chemical

“Priority” Pollutant Organisms Only CAS No.

Toxaphene 0.00073 0.00075 | 8001-35-2

Trichloroethylene . 2.7 81 | 79-01-6

Trichlorophenol,2,4,5- 2,600 95-95-4

Trichlorophenol, 2,4, 6- 2.1 6.5 | 88-06-2

Vinyl Chloride 2.0 525 | 75-01-4

Aquatic Life Criteria: The concentration for each compound

‘listed below is a criteria not to be exceeded. in waters for

aquatic life. The Acute criteria or Criteria Maximum

Concentration (CMC) is the threshold value at or below which

there should be no unacceptable effects to freshwater aquatic

organisms and their uses if the one-hour average concentration

does not exceed that CMC value more than once every three

years on average. The Chronic criteria or Criteria Continuous

Concentration (CCC) is the threshold value at or below which

there should be no unacceptable effects to freshwater aquatic

life and their uses if the four-day average concentration does

not exceed that CCC value more than once every three years on

average. Where no criteria has been established the lowest

observable adverse effect level m(LOAELO shall apply.

The remainder of the page is left blank to maintain the intergrity

of the table.

POLLUTANT DISCHARGE PROHIBITION ORDINANCE

ORDINANCE NO: 3-95

DATE APPROVED: August 3, 1995

(> Acute CMC Chronic CCC

Chemical

“Priority” Pollutant Criterion LOAEL | Criterion | LOAEL CAS No.

Acenapthene 1,700 520 | 83-32-9

Acrolein 68 21 | 107-02-8

Acrlonitrile 7,950 2600 } 107-13-1

Aldrin 3.0 309-00-2

Arsenic V 850° 17428-41-0

Arsenic III 360 190 22569-72-8

Benzene 5,300 71-43-2

Benzidine 2,200 92~-87-5

Beryllium 130 5.3 | 7440-41-7

BHC 100 680-73-1

Cadmium 3.9° 1.1° 7440-43-39

Carbon tetrachloride 35,200 56-23-5

Chlordane 2.4 0.0043 57-74-9

Chlorinated benzenes 250 50

Chlorinated naphthalenes 1,600

Chloroalkyl ethers 238,000

( hloroform 28,900 1,240 | 67-66-3

/2=Chlorophenol 4,360 95-57-6

3-Methyl-—4-chlorophenol 30 59-50-7

Chromium VI 16 11 7440-47-3

Chromium I11 I, 700" 210°

Copper 18° 12° 7440-50-0

Cyanide 22 5.2 57-12-5

DDT 1.1 0.001 50-23-3

DDT metabolite: TDE 0.6 72-54-8

DDT metabolite: DDE 1,050 72-55-9

Dichlorobenzenes 1,120 763 | 25321-22-6

1,2-Dichloroethane 118,000 20,000 | 107-06-2

Dichloroethylenes 11,600 25323-30-3

2,4-Dichlorophenol 2,920 365 | 120-83-2

Dichloropropane 23,000 5,700 | 26638-10-7

Dichloropropane 6,060 244 | 26952-23-8

@ Hardness dependent: based on 100mg/L CaC03.

POLLUTANT DISCHARGE PROHIBITION ORDINANCE

“ pH-dependent (pH 7.8 used)

a ' ““ New Criteria are proposed.

UO)

. ORDINANCE NO: 3-95

DATE APPROVED: August 3, 1995

C Acute CMC Chronic CCC

Chemical

“Priority” Pollutant Criterion LOAEL Criterion | LOAEL CAS No.

2,4-Dinitrotoluene 330 230 | 121-14-2 -

Dioxin [2,3,7,8-TCDD] <0.01 0.00001 | 1746-01-6

1,2-Diphenyl hydrazine 270 122-66-7

Endosulfan 0.22 0.056 115-29-7

Endosulfan-alpha 0.22 0.056 959-98-8

Endosulfan-beta 0.22 0.056 33213-65-9

Endrin 0.18 0.0023 72-20-8

Ethylbenzene 32,000 100-41-4

Fluoranthene 3,980 206-44-0

Haloethers 360 122

Halomethanes 11,000

Heptaclor 0.52 0.0038 76-44-8

Heptachlor epoxide 0.52 0.0038 1024-57-3

Hexachlorobutadiene 90 9.3 | 87-68-3

y-HCH/Lindane 2.0 0.08 58-89-9

_Hexachlorocyclopentadiene 7.0 5.2 | 77-47-4

\__ lyachLoroethane 980 540 | 67-72-1

Isophorone 117,000 78=-59-1

Lead 83° 3.2° 7439-92-1

Mercury 2.4 0.012 7439-97-6

Napthalene 2,300 620 | 91-20-3

Nickel 1,400° 160° 7440-02-00

Nitrobenzene 27,000 98-95-3

Nitrophenols 230 150

Nitrosamines 5,850 35576-91-1

PCBs * 2.0 0.014 1336-36-3

Pentachlorophenol 20 13* 87-86-5

Phenol 10,200 2,560 | 108-95-2

Phthalate esters 940 3.0

Selenium 20 5.0 7782-49-2

Silver 4.1 0.12 | 7440-22-4

POLLUTANT DISCHARGE PROHIBITION ORDINANCE

ORDINANCE NO:

DATE APPROVED:

3-95

August 3, 1995

} Acute CMC Chronic CCC

Chemical

“Priority” Pollutant Criterion LOAEL Criterion | LOAEL CAS No.

1,1,2,2-Tetrachlorcethane 2,400 | 79-34-5

Tetrachloroethanes 9,300 25322-20-7

Tetrachloroethylene 5,280 840 | 127~-18-4

2,3,5, 6-Tetrachlorophenol 935-95-5

Thallium 1,400 40 | 7440-28-0

Toluene 17,500 108~88-3

Toxaphene 0.73 0.0002 8001-35-2

Trichlorinated ethanes 18,000 25323-89-1

1, 1,2-Trichloroethane 9,400 | 79-00-5

Trichloroethylene 45,000 21,900 | 79-01-6

2,4, 6-Trichlorophenol 970 | 88-06-2

Zinc 120° 10"

6.5 Biological Criteria:

apply to the waters of the Reservation.

C (A)

resident aquatic communities.

The following biological criteria shall

All surface waters shall be of sufficient quality to

support aquatic biota without detrimental changes in the

(B) Waters of the Reservation shall be free from substances,

‘whether attributable to point source discharges,

nonpoint sources, or instream activities,

concentrations or combinations which would impair the

structure or limit the function of the resident aquatic

community as it naturally occurs.

community shall be measured by biological assessment

(D) Determination of impairment or limitation of the

methods approved by the Riparian Review Committee.

resident aquatic community may be based on comparison

with the aquatic community found at an appropriate

Wildlife Criteria:

reference site or region.

All surface waters shall be of sufficient

quality to protect and support all life stages of resident or

migratory wildlife species which live in, on, or near the

waters of the Reservation.

[OCR skipped on page(s) 31-32]

[Read from a scan; the first 30 pages.]

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