# POLLUTANT DISCHARGE PROHIBITION ORDINANCE

> Briefs, arguments, decisions, and more.

URL: https://www.frixlaw.com/law-library/documents/tribal%3Ahoopa_valley%3Ae4ef6816d82f0d67

## Record

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

## Text

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 :

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

1
ol‘
i ‘st

C)

"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

2

>)

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

1.

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;

(C) Automobile graveyards and junkyards;

(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.

5
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.

a ™
\/ | 6
C)

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

OC

- 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;

(C) Identifying water bodies or sections of water bodies
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

C)

©

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

9
POLLUTANT DISCHARGE PROHIBITION ORDINANCE
ORDINANCE NO: 3-95
DATE APPROVED: August 3, 1995

3.4

4,

1

‘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

10
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:

ii

C)

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

5.

1

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

12
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;

(C) Foot, bicycle and/or horse paths, and bridges;

(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;

13

©

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

14

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.

(C) Proposed down-gradient location(s) for groundwater

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

15

C.

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.

16
OO

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.

17
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
Hl

= 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.

18

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.

(C) Floating Material: Waters shall not contain floating

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.

19

(>

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. ,

20

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).

22

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

23

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

24

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

CO

25

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.

21

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

C

28

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

POLLUTANT DISCHARGE PROHIBITION ORDINANCE

“ pH-dependent (pH 7.8 used)
a ' ““ New Criteria are proposed.

UO)

29

. 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,

in

concentrations or combinations which would impair the
structure or limit the function of the resident aquatic
community as it naturally occurs.

(C) The structure and function of the resident aquatic
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.

30
[OCR skipped on page(s) 31-32]

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

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Ahoopa_valley%3Ae4ef6816d82f0d67. Public record. Not legal advice.