RINCON BAND OF LUISEÑO MISSION INDIANS

Tribal code

Ask Donna

What actually matters in this document.

Text

RINCON INDIAN RESERVATION, CALIFORNIA

RINCON WATER RESOURCES PROTECTION

ORDINANCE

RINCON TRIBAL CODE § 8.900

Adopted on January 30, 2013

Ordinance No. 8.900

Original Enactment Date: January 30, 2013

Subject: Protection of Tribal Water Resources

RINCON WATER RESOURCES PROTECTION ORDINANCE

Rincon Tribal Code § 8.900

Table of Contents

GENERAL PROVISIONS ............................................................................................... 3

§ 8.901 Findings ............................................................................................................ 3

§ 8.902 Purposes ............................................................................................................ 4

§ 8.903 Definitions......................................................................................................... 5

§ 8.904 Applicability ................................................................................................... 20

WELLHEAD PROTECTION ....................................................................................... 22

§ 8.905 Findings and Purpose ...................................................................................... 22

§ 8.906 Establishment of Wellhead Protection Areas ................................................. 22

§ 8.907 Policy on the Control of Water Quality with Respect to On-Site Waste ........ 26

§ 8.908 Permit for Use Required ................................................................................. 33

§ 8.909 Prohibited Uses and/or Activities in Wellhead Protection Areas ................... 33

§ 8.910 Conditional Uses or Activities ........................................................................ 34

§ 8.911 Approval of Permits for Conditional Uses or Activities ................................. 34

§ 8.912 Requirements for Wells .................................................................................. 35

§ 8.913 Abandoned Wells ............................................................................................ 43

§ 8.914 Existing Nonconforming Uses ........................................................................ 46

STREAM AND WETLAND MANAGEMENT ........................................................... 46

§ 8.915 Findings and Purpose ...................................................................................... 46

§ 8.916 Tribal Jurisdiction over Streams and Wetlands on the Rincon Reservation ... 47

§ 8.917 [Reserved] ....................................................................................................... 48

WATER QUALITY STANDARDS .............................................................................. 48

§ 8.918 Findings and Purpose ...................................................................................... 48

§ 8.919 Non-Point Source Management Program ....................................................... 49

§ 8.920 Rule-Making Authority................................................................................... 50

PROHIBITED ACTS, ENFORCEMENT, REVIEW, AND APPEALS ................... 51

§ 8.921 Notice of Violation; Emergency Orders ......................................................... 51

MISCELLANEOUS ....................................................................................................... 52

§ 8.922 No Waiver of Sovereign Immunity................................................................. 52

§ 8.923 Severability ..................................................................................................... 52

Adopted 1/30/13

PAGE 2

Ordinance No. 8.900

Original Enactment Date: January 30, 2013

Subject: Protection of Tribal Water Resources

RINCON WATER RESOURCES PROTECTION ORDINANCE

Rincon Tribal Code § 8.900

GENERAL PROVISIONS

§ 8.901

FINDINGS

The Rincon Band of Luiseño Mission Indians is a federally recognized Indian

tribe which exercises jurisdiction over the lands within the external boundaries of the

Rincon Reservation, consistent with its Articles of Association and Tribal Laws and the

Constitution and laws of the United States and finds as follows:

(a) All Rincon Band tribal reserved water rights are held by it in trust to fulfill

the purposes of the Rincon Reservation as a permanent, economically productive

homeland for the Rincon people and for certain inalienable public and cultural uses.

(b) The rights of the Rincon Band to water reserved pursuant to the Executive

Order of the President issued on March 2, 1881, the Mission Indian Relief Act, 26 Stat.

712 (1891), the trust patent issued by the President on September 13, 1892, the Act of

Congress of August 16, 1941, 55 Stat. 622, the February 12, 1968 Order setting aside

land for the Rincon Band and the trust patent issued on January 20, 1971, which

established and added to the Rincon Reservation, shall be protected and preserved, and

nothing in this Ordinance shall be deemed to be a waiver or limitation on these rights.

both surface and ground water to the extent needed to accomplish the purposes of the

Rincon Reservation.

(d) The ground water resources of the Rincon Reservation are insufficient to

fulfill the present and future homeland purposes of the Rincon Reservation.

(e) The power to determine, control, and manage the proper uses of all Rincon

Reservation Water, including all tribal reserved water rights, is an essential attribute of

sovereignty and belongs to the Rincon Band.

(f) Adequate supplies of clean water are vital to the health and welfare of the

Rincon Band and its members, other Rincon Reservation residents, and to the vitality of

the Rincon Reservation economy.

(g) Protection of the public interest in surface and ground water resources of

adequate quantity and quality requires the development and effective implementation of

integrated land and water resource management programs and coordination of this

Adopted 1/30/13

PAGE 3

Ordinance No. 8.900

Original Enactment Date: January 30, 2013

Subject: Protection of Tribal Water Resources

RINCON WATER RESOURCES PROTECTION ORDINANCE

Rincon Tribal Code § 8.900

Ordinance with other environmental and resource protection laws, including, but not

limited to, the Utilities Ordinance, the Environmental Enforcement Ordinance, Rincon

land use and zoning ordinances, the U.S. Clean Water Act, Safe Drinking Water Act,

National Environmental Policy Act, Endangered Species Act, and other applicable Tribal

Laws and federal laws.

§ 8.902

PURPOSES

The purposes of this Ordinance are:

(a) to protect the health and welfare of all members of the Rincon Band and

other Rincon Reservation residents;

(b) to support and help achieve the Rincon Band’s spiritual, cultural, and

economic goals through the protection, enhancement, and restoration of Rincon

Reservation Water;

through an effective, orderly system for the administration, use, conservation, and

management of all Rincon Reservation Water, including all Rincon Band tribal reserved

water rights;

(d) to protect Rincon Reservation Water from over-appropriation,

Degradation, Contamination, and any acts injurious to the quantity, quality, or integrity of

the water;

(e) to promote optimal use, recharge, and protection of Aquifers to supply

beneficial uses;

(f) to ensure that the Rincon people have sufficient water quantity and quality

for cultural, domestic, economic development, navigation, agricultural, stock, ecological

flow, municipal, industrial, and other uses; to ensure that the Rincon Band has sufficient

water quantity and quality for Rincon Reservation uses now and for generations to come;

and to ensure equitable and culturally appropriate water allocation at all times including

during times of low water availability;

Adopted 1/30/13

PAGE 4

Ordinance No. 8.900

Original Enactment Date: January 30, 2013

Subject: Protection of Tribal Water Resources

RINCON WATER RESOURCES PROTECTION ORDINANCE

Rincon Tribal Code § 8.900

(g) to encourage planned development and multiple use of the Rincon

Reservation Water resources, promote stability of investment in water use and delivery

systems, and permit all reasonable beneficial uses;

(h) to provide for the orderly resolution of disputes over the management,

administration, and permitting of Rincon Reservation Water under this Ordinance;

(i) to coordinate the administration and environmental protection of Rincon

Reservation Water with other governmental agencies or bodies performing related duties

and responsibilities affecting Rincon Reservation Water, such as the Rincon Tribal

Administration, the Rincon Environmental Department, the Rincon General Services, the

U.S. Environmental Protection Agency, the U.S. Army Corps of Engineers, the

California State Water Resources Control Board, the California Department of Health,

and local governmental agencies.

§ 8.903

DEFINITIONS

The following terms have the following meanings in this Ordinance:

(a) “Acre-foot” means the quantity of water required to cover one acre to a

depth of one foot; one acre-foot of water equals 43,560 cubic feet or 325,851 gallons of

water.

(b) “Adjacent Wetlands” means wetlands bordering, contiguous, or

neighboring “waters of the United States” as defined by 33 C.F.R. part 328, as amended

from time to time.

order, or action issued or taken by the Manager or Tribal Council under this Ordinance.

(d) “Agriculture” means activity related to the production of horticultural,

silvicultural, viticultural, foricultural, dairy, apiary, vegetable, or animal products; or of

berries, grain, hay, straw, turf, seed, Christmas trees, hybrid poplar trees, or livestock.

(e) “Aquifer” means an underground geological formation, or group of

formations, containing usable amounts of ground water that can supply wells and springs.

Adopted 1/30/13

PAGE 5

Ordinance No. 8.900

Original Enactment Date: January 30, 2013

Subject: Protection of Tribal Water Resources

RINCON WATER RESOURCES PROTECTION ORDINANCE

Rincon Tribal Code § 8.900

(f) “Aquifer Storage Volume” means a quantitative estimate of the volume

of ground water in an Aquifer based on the best available technical information and

sound scientific principles.

(g) “Beneficial use” means the use of water for purposes that include, but are

not limited to, the following: aesthetics; agricultural use; aquaculture and fish

propagation; commercial use; cultural, religious and spiritual uses; domestic use; fire

protection; ground water recharge; hydropower generation; industrial use; ecological

flow uses; mineral resource development; municipal use; navigation; Pollution control;

recreational use; resource development; stock water use; storage, transfer, and marketing;

water quality; and wildlife Habitat.

(h) “Best Management Practices (BMPs)” means the state of the art,

recommended physical, structural, and/or managerial actions that, when used singly or in

combination, prevent or reduce Degradation or Contamination of the environment.

(i) “Buffer” means the area around a stream or wetland that is required to

protect and maintain the functions and stability of the stream and/or wetland, generally

between twenty-five (25) and one-hundred (100) feet wide.

(j) “Contaminant” means any chemical, physical, biological, thermal, or

radiological substance or matter that has an adverse effect on air, water, or soil.

(k) “Contamination” means the presence of any harmful or deleterious

substance that may pose a threat to the quality, purity, or safety of a water supply.

(l) “Contiguous Wetlands” means wetlands that are connected to waters of

the Rincon Reservation or other geographic features (e.g., open space) by any of the

following criteria:

(1) All or part of the wetland lies within the 100-year floodplain of

waters of the Rincon Reservation;

(2) Hydric soil and Hydrophytic vegetation extend continuously to

waters of the Rincon Reservation or other pertinent geographic

features; or

Adopted 1/30/13

PAGE 6

Ordinance No. 8.900

Original Enactment Date: January 30, 2013

Subject: Protection of Tribal Water Resources

RINCON WATER RESOURCES PROTECTION ORDINANCE

Rincon Tribal Code § 8.900

(3) Sufficient evidence exists to conclude the wetland is

hydrologically connected and is immediately adjacent to waters of the

Rincon Reservation or other pertinent geographic features.

(m)“Cultural instream uses” means use of water in a stream to fulfill

cultural, traditional, spiritual, or religious needs of the Rincon Band, as approved by the

Tribal Council.

(n) “Cumulative impact” means the impact on the environment that results

from the incremental impact of the action when added to other past, present, and

reasonably foreseeable future actions regardless of what agency (Federal or non-Federal)

or Person undertakes such other actions. Cumulative impacts can result from individually

minor but collectively significant actions taking place over a period of time.

(o) “Degradation” means the lowering of, or threat of lowering, water quality

or the quality of the natural environment by an increase in Contaminants or Pollution or

by a decrease in the ecological quality of the environment (e.g. vegetative community

changes via harvest activity or invasion of non-native plants).

(p) “Delineation” means a formal, on-site process to identify the boundary

between a wetland and the surrounding upland or plume and surrounding groundwater.

The Delineation may be based on the methodology in the currently and federally

accepted edition of the "Federal Manual for Identifying and Delineating Jurisdictional

Wetlands,” as amended from time to time, and any other applicable Tribal Law,

including, but not limited to, the Rincon Hazardous Material Control Ordinance, RTC §

8.600, as the same may be amended from time to time.

(q) “Discharge” means the volume of water that passes a point per a given

unit of time and is commonly expressed in units of cubic feet per second, cubic meters

per second, gallons per minute, gallons per day, or millions of gallons per day.

(r) “Drainage” means the collection, conveyance, containment, and/or

discharge of surface or ground water, including storm water runoff.

(s) “Drainage facility” means a system of collecting, conveying, containing,

storing, and/or discharging surface water, ground water, or storm water runoff, including,

but not limited to, all conveyance and containment facilities such as streams, pipelines,

channels, ditches, swamps, lakes, wetlands, closed depressions, infiltration facilities,

Adopted 1/30/13

PAGE 7

Ordinance No. 8.900

Original Enactment Date: January 30, 2013

Subject: Protection of Tribal Water Resources

RINCON WATER RESOURCES PROTECTION ORDINANCE

Rincon Tribal Code § 8.900

retention/detention facilities, erosion/sedimentation control facilities, and other similar

structures and appurtenances, both natural and man-made.

(t) “Draining” means artificially changing ground or surface water wetland

hydrology by constructing or enhancing drainage (i.e., making the site/area less wet),

including widening streams, constructing or widening ditches, or installing drains (e.g.,

tiles).

(u) “Ecological flow regime” means the combination of instream flow levels

needed over various time periods to preserve, protect, and restore the physical, biological,

and chemical aspects of water. The ecological flow regime can be divided into five

functional categories as applicable: 1) Water Quality Maintenance, 2) Fisheries Baseflow,

3) Channel Maintenance, 4) Riparian Maintenance, and 5) Valley Maintenance.

(1) The Water Quality Maintenance flow is the quantity of water

needed to assimilate wastewater and still achieve compliance with

applicable water quality standards.

(2) The Fisheries Baseflow is the minimum instream flow needed to

support fish populations during different life stages.

(3) The Channel Maintenance flow is the minimum amount of water

needed to perform processes such as sediment transport. Channel

Maintenance flows impact the long-term characteristics of aquatic

Habitat such as the quantity and quality of pools and riffles.

(4) Riparian Maintenance flows are the flows needed to maintain a

productive plant and animal community along the stream corridor.

(5) Valley Maintenance flows are catastrophic flood events and are

generally not quantified.

(v) “Emergency” means an occurrence or condition calling for immediate

action to avert imminent danger or harm to life, health, property, or environment.

(w) “Enhancement” means actions performed to improve the condition of

existing degraded or naturally impaired streams, wetlands, or Buffers so that they provide

more functions and/or functions of higher quality.

Adopted 1/30/13

PAGE 8

Ordinance No. 8.900

Original Enactment Date: January 30, 2013

Subject: Protection of Tribal Water Resources

RINCON WATER RESOURCES PROTECTION ORDINANCE

Rincon Tribal Code § 8.900

(x) “Filling” means the depositing of any material on a site that raises the

surface level of the land or the bed of a body of water above its prior or natural elevation.

(y) “Functions” means the roles that a natural area performs within the

ecosystem. Stream, wetland, and/or Buffer functions are attributes that contribute to the

ecological, hydrological, social, cultural, and/or economic systems that surround and

include the natural area. Stream, wetland, and/or Buffer functions include, but are not

limited to, the following features:

(1) Erosion control, soil conservation, and shoreline stabilization,

especially along shorelines and streambanks where wetland vegetation

reduces water velocity;

(2) Surface and ground water storage and recharge, storm-water

management, flood storage, and stream base-flow contribution;

(3) Water-quality improvement via filtration and settling of sediment,

turbidity reduction, re-oxygenation, chemical and biological nutrientcycling, Contaminant reduction, and moderation of water temperature;

(4) Micro-climatic influence on temperature and moisture;

(5) Flora and fauna Habitat for numerous species, including plants of

cultural importance, fish, frogs and other amphibians, songbirds,

waterfowl, raptors, and various mammals, many of which are directly

dependent on wetlands and streams for survival during at least part of

their life cycle;

(6) Tribal cultural uses;

(7) Recreational opportunities, such as swimming, boating, fishing,

nature-watching, walking along interpretive trails, and enjoying view

overlooks; and

(8) Open space, backdrops, and natural borders, which help separate

various land uses and provide Buffers from incompatible uses. Open

space relieves overcrowding and often is aesthetically pleasing.

Adopted 1/30/13

PAGE 9

Ordinance No. 8.900

Original Enactment Date: January 30, 2013

Subject: Protection of Tribal Water Resources

RINCON WATER RESOURCES PROTECTION ORDINANCE

Rincon Tribal Code § 8.900

(z) “Ground water” means all water that exists beneath the earth surface or

beneath any surface water body, regardless of the geological formation or structure in

which such water stands, flows, percolates, or otherwise moves.

(aa) “Ground water recharge area” means the land surface area where

precipitation infiltrates through surface soil materials and into the ground. Recharge may

also occur from surface waters, including lakes, streams, and wetlands. Ground water

recharge areas are called “aquifer recharge areas” when the ground water contributes to

an Aquifer.

(bb) “Habitat” means the specific area or environment in which specified

plants or animals live.

(cc) “Hazardous Material” means:

(1) Any "dangerous waste", defined as any discarded, useless,

unwanted, or abandoned substances disposed of in such quantity or

concentration as to pose a present or potential hazard to human health,

wildlife, or the environment because such wastes or constituents or

combinations of such wastes:

(A) Have short-lived, toxic properties that may cause death,

injury, or illness or have mutagenic, teratogenic, or carcinogenic

properties; or

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

pressure throughout decomposition or other means.

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

(A) Will persist in a hazardous form for three (3) years or more

at a disposal site; and

(B) While in its persistent form:

Adopted 1/30/13

PAGE 10

Ordinance No. 8.900

Original Enactment Date: January 30, 2013

Subject: Protection of Tribal Water Resources

RINCON WATER RESOURCES PROTECTION ORDINANCE

Rincon Tribal Code § 8.900

(i) Presents a significant environmental hazard and may

be concentrated by living organisms through a food chain

or may affect the genetic makeup of people or wildlife; or

(ii) Is toxic to people or wildlife; or

(iii) Adversely affects living organisms in soil, sediment,

and water, or air; or

concentrations as might present a hazard to people or the

environment.

(3) Any substance included as a “listed waste” under 40 CFR §261.30

through 261.33.

(4) Any substance classified as a “characteristic waste” defined in the

40 CFR §261.20 through §261.24 as exhibiting one of four hazardous

characteristics: Ignitable; Corrosive; Reactive (or explosive); or,

Toxic.

(5) Any liquid, solid, gas, or sludge, including any material, substance,

product, commodity, or waste, regardless of quantity, that exhibits any

of the hazardous characteristics: Ignitable; Corrosive; Reactive (or

explosive); or, Toxic.

(6) Any substance that is a hazardous substance pursuant to 42 U.S.C.

§ 9601(14).

(7) Petroleum or petroleum products.

(D) The term Hazardous Material does not include crude oil or

any fraction thereof or petroleum when contained in an

underground or aboveground storage tank from which there is

not a release, if the tank is in compliance with all applicable

federal and Tribal laws.

Adopted 1/30/13

PAGE 11

Ordinance No. 8.900

Original Enactment Date: January 30, 2013

Subject: Protection of Tribal Water Resources

RINCON WATER RESOURCES PROTECTION ORDINANCE

Rincon Tribal Code § 8.900

(8) Any substance or category of substances, including solid waste

decomposition products, determined by the RED to present a threat to

human health or the environment if released into the environment.

(dd) “Hydraulic head” means the height of water above any plane of

reference; “Hydraulic head” also means the energy, either kinetic or potential, possessed

by each unit weight of a liquid, expressed as the vertical height through which a unit

weight would have to fall to release the average energy possessed.

(ee) “Hydric soil” means a soil that, if in an undrained condition, is saturated,

flooded, or ponded long enough during the growing season to develop anaerobic

(oxygen-lacking) conditions that favor the growth and regeneration of wetland

(Hydrophytic) vegetation. Identification of hydric soils shall be based on the

methodology in the current and federally accepted edition of the "Federal Manual for

Identifying and Delineating Jurisdictional Wetlands."

(ff) “Hydrologist” means a Person professionally qualified by education and

experience in the science of hydrology, or the science of water that is concerned with the

organ, circulation, distribution, and properties of waters of the earth.

(gg) “Hydroperiod” means the seasonal timing, frequency, and duration of

the water level in a wetland.

(hh) “Hydrophytic vegetation” means plants that are adapted to growth in

water or in a substrate that is at least periodically lacking in oxygen as a result of

excessive water content. Identification of Hydrophytic vegetation shall be based on the

methodology in the current and federally accepted edition of the "Federal Manual for

Identifying and Delineating Jurisdictional Wetlands."

(ii) “Illicit discharges” mean any non-storm water discharges to storm

water drainage systems that could cause or contribute to a Degradation of water quality,

sediment quality, or ground water quality, including, but not limited to, sanitary sewer

connections, industrial processwater, interior floor drains, car washing, and iron grate

systems.

(jj) “Impervious surface” means a hard surface area that either prevents or

retards the entry of water into the soil compared to conditions before development, and/or

a hard surface area that causes water to run off the surface in greater quantities or at an

Adopted 1/30/13

PAGE 12

Ordinance No. 8.900

Original Enactment Date: January 30, 2013

Subject: Protection of Tribal Water Resources

RINCON WATER RESOURCES PROTECTION ORDINANCE

Rincon Tribal Code § 8.900

increased rate of flow relative to conditions before development. Common impervious

surfaces include, but are not limited to, roof tops, walkways, patios, driveways, parking

lots or storage areas, concrete or asphalt paving, gravel roads, packed earthen materials,

and oiled, macadam, or other surfaces which similarly impede the infiltration of storm

water. Open, uncovered retention/detention facilities shall not be considered impervious

surfaces.

(kk) “Individual on-site waste treatment sewage disposal system“ means

an on-site system for sewage disposal from an individual structure including residential

home, school, library, tribal administration building, other administrative building or

similar type structure or building that does not include any waste from any industrial

process.

(ll) “Industrial process” means those industries identified in the Standard

Industrial Classification Manual, Bureau of the Budget, 1967, as amended and

supplemented, under the category of “Division D—Manufacturing” and such other

classes of significant Hazardous Material or waste producers as the Tribal Council or

RED designates.

(mm) “Isolated Wetlands” means non-tidal wetlands not part of a surface

tributary system to intrastate or navigable waters of the United States and are no adjacent

to such tributary waterbodies.

(nn) “Land-disturbing activity” means any activity resulting in a change in

the existing soil cover (both vegetative and nonvegetative) and/or the existing soil

topography. Land-disturbing activities include, but are not limited to, demolition,

construction, clearing, grading, filling, and excavation.

(oo) “Manager” means the Manager of the Rincon Environmental

Department (RED).

(pp) “Mitigation” means, in the following order of preference:

(1) avoiding adverse impacts on the environment and Rincon

Reservation Water altogether by not acting or failing to act;

(2) minimizing adverse impacts on the environment and Rincon

Reservation Water by limiting the degree or magnitude of the action

Adopted 1/30/13

PAGE 13

Ordinance No. 8.900

Original Enactment Date: January 30, 2013

Subject: Protection of Tribal Water Resources

RINCON WATER RESOURCES PROTECTION ORDINANCE

Rincon Tribal Code § 8.900

and its implementation, by using appropriate technology or by taking

affirmative steps to avoid or reduce adverse impacts;

(3) rectifying the adverse impacts on the environment or Rincon

Reservation Water by repairing, rehabilitating, or restoring the affected

environment or water resource;

(4) reducing or eliminating the adverse impacts on the environment or

Rincon Reservation Water over time by Preservation and maintenance

operations during the action; and

(5) compensating for the adverse impacts on the environment and

Rincon Reservation Water by replacing, enhancing, or providing

substitute water resources or environments.

(qq) “Mitigation bank” means a system or arrangement in which a property

or properties are protected in perpetuity and approved by appropriate tribal and federal

agencies expressly for the purpose of providing compensatory Mitigation in advance of

authorized impacts to other areas through restoration, creation, and/or enhancement of

wetlands and, in exceptional circumstances, through Preservation of wetlands, wetland

Buffers, and/or other aquatic resources.

(rr) “Native vegetation” means plant species, other than noxious weeds,

that are indigenous to similar environments within Southern California (i.e., plants that

occur (or occurred) naturally in the area and that reasonably could have been expected to

naturally occur on the site).

(ss) “New development” means the following activities: land-disturbing

activities, structural development (including construction, installation, or expansion of a

building or other structure), creation of impervious surfaces, general forest practices that

are conversions from timber land to other uses, and subdivision and short subdivision of

land. All other forest practices and commercial agriculture are not considered new

development.

(tt) “Nonpoint-source pollution” means pollution that, in response to

precipitation, enters the surface water, ground water, or other elements of the natural

environment from diffuse (e.g. automobiles, pesticides, applications, construction sites,

animal waste, and Habitat alteration) sources and not from a specific point source.

Adopted 1/30/13

PAGE 14

Ordinance No. 8.900

Original Enactment Date: January 30, 2013

Subject: Protection of Tribal Water Resources

RINCON WATER RESOURCES PROTECTION ORDINANCE

Rincon Tribal Code § 8.900

(uu) “Ongoing agricultural activity” means agricultural activities

(including grazing, tilling, planting, and other activities) that are ongoing as long as the

area on which they are conducted has not been converted to another use or has lain idle

so long that modifications to the hydrology are necessary to resume operation. Any lands

that have been idle for five years or longer will no longer be considered as lands with

"ongoing" agricultural activities. This definition should be interpreted in line with that of

the U.S. Department of Agriculture and shall not be interpreted in any way to regulate

any adjudicated water right or interest of an allottee, or allotment in trust status, on the

Rincon Reservation.

(vv) “Ordinance” means this

Ordinance, as amended from time to time.

Rincon

Water

Resources

Protection

(ww) “Ordinary high water mark” means the mark on the shores of all

surface waters that is found by examining the bed and banks and ascertaining where the

presence and action of waters are so common and usual, and so long continued in all

ordinary years, as to mark upon the soil a character distinct from that of the abutting

upland in respect to vegetation (i.e., the vegetation line), provided that, in any area where

the ordinary high water mark cannot be found, the ordinary high water mark adjoining

salt water shall be the elevation of the vegetation line determined from a sample of

nearby sites where the vegetation line can be ascertained.

(xx) “Person” means any Person or entity, natural or artificial, including,

but not limited to, any tribal member, assignee, individual, firm, association,

organization, partnership, business trust, corporation, company, the United States of

America and all agencies thereof, the State of California and all political subdivisions,

municipal corporations, organizations, and public agencies thereof, and the Rincon Band

and all political subdivisions, organizations, and public agencies thereof.

(yy) “Point-source pollution” means pollution that enters the surface water,

ground water, or other elements of the natural environment from a stationary location or

single identifiable source (e.g., the end of a pipe).

(zz) “Pollution” means the presence of matter, energy, Contamination, or

other alteration of the physical, chemical, or biological properties of water or land whose

nature, location, or quantity produces undesired environmental effects, including, but not

limited to, changes in aesthetics, temperature, taste, color, turbidity, or odor of the waters,

Adopted 1/30/13

PAGE 15

Ordinance No. 8.900

Original Enactment Date: January 30, 2013

Subject: Protection of Tribal Water Resources

RINCON WATER RESOURCES PROTECTION ORDINANCE

Rincon Tribal Code § 8.900

or such discharge of any liquid, gaseous, solid, radioactive, or other substance into any

waters as will or threatens to render such waters harmful, detrimental, or injurious to the

public health, safety, or welfare, or to cultural, spiritual, domestic, commercial, industrial,

agricultural, recreational, or other legitimate beneficial uses, or to livestock, wildlife,

birds, fish, or other aquatic life.

(aaa) “Precipitation” means water that falls from the atmosphere and

reaches the earth in the form of fog, drizzle, rain, sleet, snow, or hail.

(bbb) “Preservation” means to provide legal protection to natural areas that

would otherwise be lost to lawful activities.

(ccc) “Public water-supply well” means a well that supplies two or more

separate residential connections.

(ddd) “Reconnaissance” means an examination of a project area by qualified

Band staff and/or by a qualified wetland specialist to determine the presence,

approximate boundaries, and probable functions of wetlands and/or streams. A

reconnaissance is not a legal wetland Delineation, but may be substituted for a

Delineation at the discretion of the Rincon Band for the purposes of this Ordinance.

(eee) "Re-development" means the following activities: substantial

additional development on an already developed site; the creation or addition of

impervious surfaces; additional structural development, including construction,

installation, or expansion of a building or other structure; replacement of impervious

surface that is not part of routine maintenance activity; and land-disturbing activities

associated with structural or impervious redevelopment.

(fff) “Regulations” shall mean the regulations adopted pursuant to the

requirements of this Ordinance.

(ggg) “Reservation” means all lands within the boundaries of the Rincon

Reservation, including, but not limited to:

(1) all lands within the territorial boundaries of the Rincon Indian

Reservation as established by the Executive Order of the President

issued on March 2, 1881, the Mission Indian Relief Act, 26 Stat. 712

(1891), the trust patent issued by the President on September 13, 1892,

Adopted 1/30/13

PAGE 16

Ordinance No. 8.900

Original Enactment Date: January 30, 2013

Subject: Protection of Tribal Water Resources

RINCON WATER RESOURCES PROTECTION ORDINANCE

Rincon Tribal Code § 8.900

the Act of Congress of August 16, 1941, 55 Stat. 622, the February 12,

1968 Order setting aside land for the Rincon Band and the trust patent

issued on January 20, 1971, which established and added to the Rincon

Reservation, and any fee land acquired in trust pursuant to 25 U.S.C.

461 and its implementing regulations, and such other lands as may

thereafter be added thereto or made a part thereof; and

(2) all other trust, restricted, or tribally owned lands, regardless of

whether they have been formally added to or made part of the Rincon

Reservation.

(hhh) “Restoration” means actions performed to reestablish a stream,

wetland, or Buffer and its functions within an area that no longer meets the definition of a

stream, wetland, or Buffer because of alterations, activities, or catastrophic events, and

actions performed to return an existing stream, wetland, or Buffer to a state in which its

functions and values approach the state that existed before disturbance or Degradation.

(iii) "Rincon Band” means the Rincon Band of Luiseño Indians, a

sovereign Indian Band which is recognized as such by the federal government of the

United States of America. Reference to ''Tribe" or “Band” in this Ordinance, or any

existing or future ordinance shall mean the "Rincon Band".

(jjj) “Rincon Reservation Water” means all fresh waters that originate or

flow in, into, or through the Rincon Reservation, or that are stored on the Rincon

Reservation, whether found on the surface of the earth or underground, and all Rincon

Band tribal reserved water rights.

(kkk) ‘‘Rincon Environmental Department" or “RED”, is a department

of the Rincon Band that is responsible for the implementation of the Rincon Band's

environmental ordinances and management of the Rincon Band’s natural resources unless

otherwise specified.

(lll)

“Runoff” means water originating from precipitation or ground water

that is found in overland flow or in features, including, but not limited to, drainage

facilities, rivers, streams, springs, seeps, ponds, lakes, and wetlands. “Source-control

BMP” means a Best Management Practice (BMP) that is intended to prevent pollutants

from entering storm water. A few examples of source control BMPs are erosion control

practices, maintenance of storm water facilities, constructing roads over storage and

Adopted 1/30/13

PAGE 17

Ordinance No. 8.900

Original Enactment Date: January 30, 2013

Subject: Protection of Tribal Water Resources

RINCON WATER RESOURCES PROTECTION ORDINANCE

Rincon Tribal Code § 8.900

working areas, and directing wash water and similar discharges to a sanitary sewer or an

appropriately designed dead-end sump.

(mmm) “Storm water” means that portion of precipitation that does not

percolate into the ground or evaporate, but moves via overland flow, interflow, channels,

or pipes into a defined surface water channel or a constructed drainage facility.

(nnn) “Stream” means those areas where surface water flows sufficiently to

produce a defined channel or bed, indicated by hydraulically sorted sediments or the

removal of vegetative litter or loosely rooted vegetation by the action of moving water,

provided that a channel or bed need not contain water year-round; provided further that

“stream” does not include irrigation ditches, canals, storm water runoff facilities, or other

entirely artificial watercourses unless they are used to convey streams naturally occurring

before construction.

(ooo) “Stream bank” means that portion of the land surface extending from

the stream water surface to the ordinary high water mark recognized by the Rincon

Environmental Department and thence to fifty (50) feet upland of the ordinary high water

mark.

(ppp) “Surface water” means any or all water originating from precipitation

or ground water Discharge that is found at the surface of the earth, primarily in rivers,

streams, springs, seeps, ponds, wetlands, lakes, and storm water drainage facilities.

(qqq) “Treatment BMP” means a Best Management Practice (BMP) that is

intended to remove pollutants from storm water. A few examples of treatment BMPs are

detention ponds, oil/water separators, biofiltration swales, and constructed wetlands.

(rrr) “Tribal Council” is the five-member Business Committee established

under Section 3 (a) of the Articles of Association. "Tribal Council" shall be synonymous

with “Business Committee” or “Rincon Business Committee” as used in this Ordinance

or any existing or future Tribal ordinance.

(sss) “Tribal Court” means the Intertribal Court of Southern California or

other tribal forum designated by the Tribal Council to hear and decide violations of Tribal

environmental ordinances.

Adopted 1/30/13

PAGE 18

Ordinance No. 8.900

Original Enactment Date: January 30, 2013

Subject: Protection of Tribal Water Resources

RINCON WATER RESOURCES PROTECTION ORDINANCE

Rincon Tribal Code § 8.900

(ttt) “Tribal reserved water rights” means those rights to use, divert, or

affect Rincon Reservation Water reserved by or for the Rincon Band under federal law,

including, but not limited to, treaty, executive order, aboriginal doctrine, or case law, and

any and all other water rights derived from the foregoing.

(uuu) “Values” means the intangible benefits a natural area provides to the

society/culture; some of these benefits overlap with or are included in those listed above

in the definition of functions.

(vvv) “Water” means Rincon Band ground water and surface water.

(www) “Water body” means surface waters, including, but not limited to,

rivers, streams, lakes, wetlands, and reservoirs.

(xxx) “Water quality” means the chemical, physical, and biological

characteristics of water, usually in respect to its suitability for a particular purpose or

other designated beneficial use.

(yyy) “Water quality standards” means numeric standards adopted by the

Rincon Band for Rincon Reservation Water that prescribe the use of a water body and

establish the water quality criteria that must be met to protect designated uses.

(zzz) “Watershed” means a topographically delineated area that is drained

by a stream system, that is, total land area above some point on a stream or river that

drains past that point.

(aaaa) “Wetland classification” means descriptive categories of the

taxonomic classification system for wetlands developed by the U.S. Fish and Wildlife

Service in the document classification of wetlands and deepwater Habitats of the United

States.

(bbbb) “Wetland complex” means areas where wetlands and uplands form a

highly interspersed mosaic, often with a number of small, hydrologically interconnected

(either through ground water or surface water) wetlands as commonly found in hummock

and swale topography.

Adopted 1/30/13

PAGE 19

Ordinance No. 8.900

Original Enactment Date: January 30, 2013

Subject: Protection of Tribal Water Resources

RINCON WATER RESOURCES PROTECTION ORDINANCE

Rincon Tribal Code § 8.900

(cccc) “Wetland creation” means a human activity to bring a wetland or

portion of a wetland into existence where one previously did not exist (e.g., in an upland

or shallow aquatic environment).

(dddd) “Wetland edge” means the boundary of a wetland as identified using

the methodology in the current and federally accepted edition of the "Federal Manual for

Identifying and Delineating Jurisdictional Wetlands."

(eeee) “Wetland hydrology” means to have the substrate saturated to the

surface or inundated at some point in time during an average rainfall year, sufficient to

meet the criteria in the current and federally accepted edition of the "Federal Manual for

Identifying and Delineating Jurisdictional Wetlands."

(ffff) “Wetlands” means those areas that are inundated or saturated by

surface water or ground water at a frequency and duration sufficient to support, and that

under normal circumstances do support, a prevalence of vegetation typically adapted for

life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and

similar areas.

(gggg) “Wet Weather Criteria” means the criteria by which the RED shall

determine wet weather testing periods.

(1) The RED shall determine wet weather testing periods on a

geographic base. The following criteria shall be followed:

(A) Between January 1 and April 30; and

(B) Following 10 inches of rain in a 30-day period or after onehalf of the seasonal normal precipitation has fallen. Extension of

wet weather testing beyond the limits of above criteria may be

made in accordance with a program of groundwater level

monitoring approved by the Tribal Council and conducted by the

RED.

§ 8.904

APPLICABILITY

(a) Except as provided in subsection (b) below, this Ordinance applies to all

Persons using or desiring to use Rincon Reservation Water or undertaking activities or

Adopted 1/30/13

PAGE 20

Ordinance No. 8.900

Original Enactment Date: January 30, 2013

Subject: Protection of Tribal Water Resources

RINCON WATER RESOURCES PROTECTION ORDINANCE

Rincon Tribal Code § 8.900

desiring to undertake activities that affect Rincon Reservation Water, including, but not

limited to, surface and ground waters in, on, or underlying all lands within the boundaries

of the Rincon Reservation.

(b) Nothing in this Ordinance shall be construed as restricting the rights of

Indians residing on the Rincon Reservation to the just and equal distribution of water for

use for agricultural purposes or to conflict with the reserved water rights held by the

owners of allotments within the Rincon Reservation.

Reservation Water that are inconsistent with the provisions of this Ordinance.

(d) Applicability of Ordinance to non-Indian activities occurring on nonIndian owned fee lands located within the exterior boundaries of the Rincon Reservation

is as follows:

(1) In Montana v. United States, the Supreme Court held that tribes

generally do not have jurisdiction over non-Indian activities occurring

on Rincon Reservation fee lands, subject to two important exceptions:

(A) A tribe may regulate the activities of non-members who

enter consensual relationships with the Rincon Band or its

members, through commercial dealings, contracts, leases, or

other arrangements; and

(B) A tribe may also retain inherent power to exercise civil

authority over conduct that threatens or has some direct effect on

the political integrity, the economic security or the health and

welfare of the Rincon Band.

(2) Prior to applying Ordinance to non-Indian activities occurring on

fee lands located within the Rincon Reservation, the Rincon

Environmental Department must first determine that the non-Indian

activities seeking to be regulated fall within one of the exceptions set

forth in Section 8.904(d)(1).

(A) The Rincon Environmental Department shall include a

written determination under Section 8.904(d)(1) within any

Adopted 1/30/13

PAGE 21

Ordinance No. 8.900

Original Enactment Date: January 30, 2013

Subject: Protection of Tribal Water Resources

RINCON WATER RESOURCES PROTECTION ORDINANCE

Rincon Tribal Code § 8.900

Notice of Violation in which non-Indian activities occurring on

fee lands located within the Rincon Reservation are the basis for

the violation.

(B) The recipient of any such Notice of Violation shall be

entitled to a preliminary jurisdictional hearing before the Tribal

Court.

jurisdictional hearing, the burden shall be on the Rincon Band to

establish tribal jurisdiction pursuant to federal common law.

WELLHEAD PROTECTION

§ 8.905

FINDINGS AND PURPOSE

(a) Contamination of wellhead areas and ground water resources of the

Rincon Reservation has a direct, serious, and substantial detrimental effect on the

cultural, political, and economic integrity of the Rincon Band and on the health and

welfare of its members and all Persons present on the Rincon Reservation.

(b) The Rincon Reservation ground water resources are vulnerable to

Contamination, which could lead to the loss of the primary water supply source of the

Rincon Band.

expensive and may not be available in amounts sufficient to replace existing supplies and

to provide for future anticipated tribal economic and residential growth. Moreover,

alternative water sources would require substantial amounts of capital expenditure for the

infrastructure upgrades that would be necessary to import larger volumes of water onto

the Rincon Reservation. Finally, alternative water sources may be subject to service

interruptions over the long term due to natural or human generated disasters.

(d) This Ordinance provides guidelines to determine appropriate conditions to

be included in permits issued by the RED for the protection of wellhead areas and ground

water resources of the Rincon Band.

§ 8.906

ESTABLISHMENT OF WELLHEAD PROTECTION AREAS

Adopted 1/30/13

PAGE 22

Ordinance No. 8.900

Original Enactment Date: January 30, 2013

Subject: Protection of Tribal Water Resources

RINCON WATER RESOURCES PROTECTION ORDINANCE

Rincon Tribal Code § 8.900

(a) A Wellhead Protection Area is a geographic area delineated around wells

and/or wellfields within which land uses are regulated to protect the quality and quantity

of the ground water resource. A Wellhead Protection Area is an overlay of a zoning area

that imposes additional requirements and restrictions to those of the underlying zoning

area. In all cases, the most restrictive requirements apply.

(b) A wellhead is a physical structure, facility, or device at the land surface

from or through which ground water flows or is pumped from water-bearing formations.

A wellhead can be a developed spring or groundwater well that was hand dug or

constructed by a machine.

Radius Method (or more sophisticated method approved by RED) as described below and

are centered on the wellhead.

(1) The equation for the calculated fixed radius is:

(A)

Rt =

OR Rt =

πηH

Q×t

Equation 8.906-1

π ×η× H

where

Rt = radius of zone (feet) for time period t

Q = pumping capacity of well in cubic feet per year

(ft3/year), where ft3/year = gallons per minute (gpm)

x 70,267

t = travel time (years) (2, 5, or 10 years, as discussed

below)

π = 3.1416

η = effective porosity (decimal percent)

H = screened interval of well (feet)

(2) The pumping capacity to be used is the maximum rate the well can

be pumped, in gallons per minute converted to the equivalent in cubic

feet per year. Pumping capacity of the well should be known by the

water purveyor. If the capacity is unknown, the purveyor may conduct

a pumping test to determine the appropriate value. If that is not

Adopted 1/30/13

PAGE 23

Ordinance No. 8.900

Original Enactment Date: January 30, 2013

Subject: Protection of Tribal Water Resources

RINCON WATER RESOURCES PROTECTION ORDINANCE

Rincon Tribal Code § 8.900

possible, an estimate can be made if justification is provided. If there

are no references to use to estimate the pumping rate, the RED should

be consulted for assistance in determining the appropriate value to use

in the Delineation.

(3) For wells that are used intermittently, using the maximum pumping

rate of the well may result in extremely large zones which do not

correspond to the actual production of the well, particularly at the 5

and 10-year travel times. In this case, with the concurrence of the

RED, a water supplier may use the total annual production of the well

(in ft3/year) in the highest of the previous three to five years. Water

suppliers are encouraged to consider future production levels if

significant growth is expected to occur in the service area.

(4) Travel time is used to provide different protection areas for

different types of threats to a well. The three travel times are

discussed below:

(A) Area R 2. The purpose of the R2 area is to protect the

drinking water supply from viral, microbial, and direct chemical

Contamination. The area is defined by the surface area overlying

the portion of the Aquifer that contributes water to the well

within a two-year time-of-travel. Existing research indicates

that bacteria and viruses survive less than two years in soil and

ground water. This area provides only a limited time for

responding to serious microbiological Contamination or

chemical spills.

(B) The purpose of the R5 and R10 areas is to prevent chemical

Contamination of the water supply, and to protect the drinking

water source for the long term. These zones are used to focus

attention on possible chemical Contamination that may exist near

the well but at a greater distance than the R2 area.

for chemical spills than the R2 area.

Adopted 1/30/13

PAGE 24

Ordinance No. 8.900

Original Enactment Date: January 30, 2013

Subject: Protection of Tribal Water Resources

RINCON WATER RESOURCES PROTECTION ORDINANCE

Rincon Tribal Code § 8.900

(D) Area R10 encompasses the area between the five- and tenyear time-of-travel. The primary purpose of this area is to

encourage decision-makers and planners to recognize long-term

aspects of the drinking water source. The ten-year time-of-travel

allows for some attenuation or remediation of Contaminant sites,

or if necessary, time to develop alternate sources of water supply.

(E) The minimum allowable radius is 1,000 feet for area R5 and

1,500 feet for area R10, for porous media Aquifers, and 1,500 and

2,250 feet, respectively, for fractured rock Aquifers.

(5) The length of screened interval to be used in the equation should

be based on well construction information. If the actual value is

unknown, an initial conservative estimate can be made equal to 10% of

the pumping capacity of the well in gallons per minute (gpm), with a

minimum of 10 feet. For example, the estimated screened interval for a

well that pumps at 400 gpm is 40 feet.

(6) Effective porosity should be estimated using available information

for the Aquifer. However, if a value is not known, a value of 0.2 can

be used for an initial calculation. The estimated value of 0.2 for

effective porosity is reasonably conservative for most Aquifers in

California based on available information.

(d) Operations and activities that are prohibited within the R2, R5, and R10

Areas are described using the Standard Industrial Classification (SIC) System Codes, and

are listed in [Resolution No. ]. Where existing land use conflicts with the prohibited

operations and activities within zones R2, R5, and R10, Property Owner and Tenant must

have adequate protective and warning measures in-place and prove to the satisfaction of

the RED that said measures are adequate to protect groundwater resources.

(e) Wellhead protection areas consist of Aquifers and/or groundwater

recharge zones with minimum radii of 600 feet for R2 areas, 1,000 feet for R5 areas, and

1,500 feet for R10 areas.

(f) 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 Rincon

Tribal Council. Disputants shall be afforded notice and an opportunity to be heard after

Adopted 1/30/13

PAGE 25

Ordinance No. 8.900

Original Enactment Date: January 30, 2013

Subject: Protection of Tribal Water Resources

RINCON WATER RESOURCES PROTECTION ORDINANCE

Rincon Tribal Code § 8.900

prima facie showing by the Rincon Band as to the prohibited activities occurring in the

wellhead protection zone, the burden of proof shall be upon the owner(s) of the land in

question to show where the boundary should properly be located.

(g) The Rincon Band may engage a professional engineer (civil or sanitary),

Hydrologist, geologist, or surveyor to determine more accurately the boundaries of the

wellhead protection area with respect to individual parcels of land, and may charge the

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

§ 8.907

POLICY ON THE CONTROL OF WATER QUALITY WITH

RESPECT TO ON-SITE WASTE

(a) Establishment of Sanitary Control Area. A Sanitary Control Area is an

area within a Wellhead Protection Area that is required to protect a well or spring from

existing and potential Contamination sources.

(1) A Sanitary Control Area shall be maintained around all wells and

springs for the purpose of protecting them from existing and potential

Contamination sources. The following policy shall be implemented

with respect to discharges from individual waste treatment and

disposal systems. This policy sets forth uniform Rincon Reservation

wide criteria and guidelines to protect water quality and to preclude

health hazards and nuisance conditions arising from the subsurface

discharges of waste from on-site waste treatment and disposal systems.

(b) Site Evaluation Criteria and Methods

(1) Criteria. The following site criteria are considered necessary for

the protection of water quality and the prevention of health hazards

and nuisance conditions arising from the on-site discharge of wastes.

(A) Subsurface Disposal. Individual on-site waste treatment

sewage disposal systems shall be located, designed, constructed

and operated in a manner to ensure that effluent does not surface

at any time, and that percolation of effluent shall not adversely

affect waters of the Rincon Reservation.

(B) Ground Slope and Stability. Natural ground slope in all

areas to be used for effluent disposal shall not be greater than

Adopted 1/30/13

PAGE 26

Ordinance No. 8.900

Original Enactment Date: January 30, 2013

Subject: Protection of Tribal Water Resources

RINCON WATER RESOURCES PROTECTION ORDINANCE

Rincon Tribal Code § 8.900

twenty five (25) percent. Natural ground slope criteria for

mounds shall be as follows: for percolation rates slower than 60

minutes per inch the maximum allowable slope is six (6) percent

and for percolation rates faster than 60 minutes per inch the

maximum allowable slope is twelve (12) percent. In addition,

steeper ground slopes may be allowed for experimental systems

approved by the RED. All soils to be utilized for effluent

disposal shall be stable.

where bedrock, hardpan, impermeable soils or saturated soils are

encountered. Minimum soil depth below the bottom of the

leaching trench shall be determined according to percolation

rates as shown in Table 1.

Table 1 – Minimum Depth of Soil below Leaching Trench

Percolation Rate (minutes per Depth of Soil Below

inch – MPI)

Leaching Trench (feet)

6 OR LESS

6 TO 30

Greater than 30

(D) Depth to Groundwater. Minimum depth to anticipated

highest level of groundwater below the bottom of the leaching

trench shall be determined according to percolation rates as

shown in Table 2.

Table 2 – Minimum Depth of Groundwater below Leaching

Trench

Percolation Rate

Depth to Groundwater Below

(minutes per inch – MPI) Leaching Trench (feet)

6 OR LESS

6 TO 30

Greater than 30

(E) Percolation Rates. If percolation test results in the

effluent disposal area are slower than 60 minutes per inch (MPI),

or faster than 6 MPI, only engineered waste treatment and

Adopted 1/30/13

PAGE 27

Ordinance No. 8.900

Original Enactment Date: January 30, 2013

Subject: Protection of Tribal Water Resources

RINCON WATER RESOURCES PROTECTION ORDINANCE

Rincon Tribal Code § 8.900

disposal systems may be used. Engineered waste treatment and

disposal systems must be prepared by or under the direct

supervision of a California Licensed Civil Engineer or California

Certified Engineering Geologist and the RED. Percolation test

results shall not be faster than 1 MPI or slower than 120 MPI in

the effluent disposal area.

(F) Replacement Area. An adequate replacement area

equivalent to and separate from the initial effluent disposal area

shall be identified at the time of site approval. Incompatible uses

of the replacement area shall be prohibited.

(G) Setbacks: Minimum horizontal setbacks from any waste

treatment and disposal system shall be as follows, unless an

alternative setback is approved by RED:

(i) 5 feet from parcel property lines and structures;

(ii) 10 feet from the edge of public road easements;

(iii)25 feet from the edge of public water line easements;

(iv) 100 feet from water wells and monitoring wells,

unless regulatory or legitimate data requirements

necessitate that monitoring wells be located closer;

(v) 100 feet from any unstable land mass or any areas

subject to earth slides identified by a California Licensed

Civil Engineer or California Licensed Geologist; other

setback distance may be allowed, if recommended by a

geotechnical report prepared by a qualified professional;

(vi) 100 feet from springs and flowing surface water

bodies where the edge of that water body is the natural or

levied bank for creeks and rivers, or may be less where

Adopted 1/30/13

PAGE 28

Ordinance No. 8.900

Original Enactment Date: January 30, 2013

Subject: Protection of Tribal Water Resources

RINCON WATER RESOURCES PROTECTION ORDINANCE

Rincon Tribal Code § 8.900

site conditions prevent migration of wastewater to the

water body;

(vii) 200 feet from vernal pools, wetlands, lakes, ponds,

or other surface water bodies where the edge of that water

body is the high water mark for lakes and reservoirs;

(viii) 150 feet from a public water well where the depth

of the effluent dispersal system does not exceed 10 feet;

(ix) Where the effluent dispersal system is within 1,200

feet from a public water systems’ surface water intake

point, within the catchment of the drainage, and located

such that it may impact water quality at the intake point

such as upstream of the intake point for flowing water

bodies, the dispersal system shall be no less than 400 feet

from the high water mark of the reservoir, lake or flowing

water body; and,

(x) Where the effluent dispersal system is located more

than 1,200 feet but less than 2,500 feet from a public

water systems’ surface water intake point, within the

catchment of the drainage, and located such that it may

impact water quality at the intake point such as upstream

of the intake point for flowing water bodies, the dispersal

system shall be no less than 200 feet from the high water

mark of the reservoir, lake or flowing water body.

(2) Methods of Site Evaluation. Site evaluations are required in all

instances to allow proper system design and to determine compliance

with proceeding site suitability criteria prior to approving the use of

on-site waste treatment and disposal systems. The RED will be

notified prior to conduct of site evaluations since verification by the

RED may be required. Site evaluation methods shall be in accordance

with the following guidelines:

(A) General Site Features: Site features to be determined by

inspection shall include:

Adopted 1/30/13

PAGE 29

Ordinance No. 8.900

Original Enactment Date: January 30, 2013

Subject: Protection of Tribal Water Resources

RINCON WATER RESOURCES PROTECTION ORDINANCE

Rincon Tribal Code § 8.900

(i) Land area available for primary disposal system and

replacement area.

(ii) Ground slope soil type and soil depth in the effluent

disposal and replacement area.

(iii)Location of cut banks, natural bluffs sharp changes in

slope and unstable land forms within fifty feet of the

disposal and replacement area.

(iv) Location of all objects that may impose setback

limitations on the waste treatment and disposal system.

(B) Soil Profiles. Soil characteristics shall be evaluated by soil

profile analysis. A minimum of one backhoe excavation in the

primary disposal field and one in the replacement area shall be

required for this purpose. A third profile shall be required if the

initial two profiles show dissimilar conditions. Augered test

holes may be an acceptable alternative, upon determination of

the RED: (a) where use of a backhoe is impractical because of

access, (b) when necessary only to verify conditions expected on

the basis of prior soil investigations, or (c) when done in

connection with geologic investigations. Where this method is

employed, a minimum of three test holes in the primary disposal

field and three in the replacement area shall be required. In

evaluation of new subdivisions, an adequate number of soil

profile excavations shall be made to identify a suitable disposal

and replacement area on each proposed parcel. The following

factors shall be observed and reported from ground surface to a

depth of at least five to twenty feet below the proposed leachfield

system (as required by the percolation test results in the effluent

disposal area):

(i) Thickness and coloring of soil layers and apparent

United States Department of Agriculture classification.

Adopted 1/30/13

PAGE 30

Ordinance No. 8.900

Original Enactment Date: January 30, 2013

Subject: Protection of Tribal Water Resources

RINCON WATER RESOURCES PROTECTION ORDINANCE

Rincon Tribal Code § 8.900

(ii) Depth to and type of bedrock, hardpan, or

impermeable soil layer.

(iii)Depth to observed groundwater.

(iv) Depth to soil mottling.

(v) Other prominent soil features such as structure, gravel

content, roots and porosity, water holding capacity, etc.

highest level of groundwater shall be estimated:

(i) As the highest extent of soil mottling observed in

the examination of soil profiles; or

(ii) By direct observation of groundwater levels during

wet weather conditions.

(iii) Where a conflict, in the above methods of

examination exists, the direct observation shall govern. In

those areas, which, because of parent materials, the soils

lack the necessary iron compounds to exhibit mottling,

direct observation during wet weather conditions shall be

required. Guidance in defining such areas shall be

provided by the RED.

(D) Soil Percolation Suitability. A site’s suitability for

percolation of effluent shall be determined by both of the

following methods, unless this requirement is waived by the

RED:

(i) Percolation Testing. Percolation testing shall be in

accordance with methods specified by the RED.

Percolation testing of soils shall be conducted during wet

weather, or in non-wet weather conditions provided

presoaking of the test hole is accomplished with (a) a

continuous 12 hour presoaking, or (b) a minimum of four

Adopted 1/30/13

PAGE 31

Ordinance No. 8.900

Original Enactment Date: January 30, 2013

Subject: Protection of Tribal Water Resources

RINCON WATER RESOURCES PROTECTION ORDINANCE

Rincon Tribal Code § 8.900

complete re-fillings beginning during the day prior to the

day the test is conducted.

(ii) Soil Analysis. Soil from the limiting soil layer

observed within the excavated soil profile shall be

obtained and analyzed for composition (particle size and

properties analysis) and bulk density according to

methods prescribed by the RED.

a. Wet Weather Criteria: The RED shall

determine Wet weather testing periods on a

geographic base. The following criteria shall be

followed:

1. Between January 1 and April 30; and

2. Following 10 inches of rain in a 30-day

period or after one-half of the seasonal

normal precipitation has fallen. Extension of

wet weather testing beyond the limits of

above criteria may be made in accordance

with a program of groundwater level

monitoring conducted by the RED.

(E) The following are the requirements for a Sanitary Control

Area.

(i) Size of the area:

a. Unless engineering justification supports a

smaller area, the minimum sanitary control area

around a public water supply well shall be a radius

of 100 feet and the minimum sanitary control area

around a spring shall be a radius of 200 feet. Any

engineering justification in support of a smaller area

must address geological and hydrological data, well

construction details, and other relevant factors

necessary to ensure adequate sanitary control;

Adopted 1/30/13

PAGE 32

Ordinance No. 8.900

Original Enactment Date: January 30, 2013

Subject: Protection of Tribal Water Resources

RINCON WATER RESOURCES PROTECTION ORDINANCE

Rincon Tribal Code § 8.900

b. The minimum sanitary control area around a

single-family, domestic water supply well shall be

determined on a case-by-case basis but shall not be

less than fifty (50) feet unless engineering

justification supports a smaller area; and

c. The RED may require a larger sanitary control

area than that specified in subsections (a) and (b) if

geological and hydrological data support such a

decision.

(ii) No source of Contamination may be constructed,

stored, disposed of, or applied within the sanitary control

area without the approval of the RED.

(iii)Water purveyors shall demonstrate that they have the

legal right to exercise complete sanitary control of the

land within the sanitary control area applicable to their

water source.

§ 8.908

PERMIT FOR USE REQUIRED

No Person may engage in any use or activity that is within a Wellhead

Protection Area on the Rincon Reservation without obtaining a land use permit from the

Rincon Tribal Administration pursuant to applicable Tribal Law.

§ 8.909

PROHIBITED USES AND/OR ACTIVITIES IN WELLHEAD

PROTECTION AREAS

The following uses, development, and/or activities are prohibited in a

Wellhead Protection Area:

(a) landfills containing either solid or Hazardous Material;

(b) salvage yards, junk yards, stockyards, feedlots, or similar sites containing

discarded material having the potential to adversely affect ground water; and

Adopted 1/30/13

PAGE 33

Ordinance No. 8.900

Original Enactment Date: January 30, 2013

Subject: Protection of Tribal Water Resources

RINCON WATER RESOURCES PROTECTION ORDINANCE

Rincon Tribal Code § 8.900

onsite waste treatment sewage disposal systems containing industrial waste.

§ 8.910

CONDITIONAL USES OR ACTIVITIES

The following uses or activities may be conditionally allowed in a designated

Wellhead Protection Area pursuant to a land use permit issued by Rincon Tribal

Administration:

(a) agriculture;

(b) horticulture;

(d) necessary public utilities or facilities designed so as to prevent

Contamination of ground water;

(e) industrial and commercial land uses not otherwise prohibited by

applicable Tribal Law;

(f) single family residential housing; and

(g) multiple family residential developments.

§ 8.911

APPROVAL OF PERMITS FOR CONDITIONAL USES OR

ACTIVITIES

The Rincon Tribal Administration will grant approval for conditional uses in

Wellhead Protection Areas only after the RED has certified that:

(a) the proposed use complies with all other applicable water quality

standards; and

(b) the applicant has prepared and submitted for approval an acceptable

pollution prevention and spill response plan for the facility or activity for the monitoring,

prevention, and cleanup of ground water Contamination due to flood, fire, natural

catastrophes, equipment failure, and/or human error.

Adopted 1/30/13

PAGE 34

Ordinance No. 8.900

Original Enactment Date: January 30, 2013

Subject: Protection of Tribal Water Resources

RINCON WATER RESOURCES PROTECTION ORDINANCE

Rincon Tribal Code § 8.900

to inspection by the RED or other designated agent of the Rincon Band. The purpose of

the inspection is to ensure continued compliance with the conditions under which the

permit approval was granted.

§ 8.912

REQUIREMENTS FOR WELLS

Any Person proposing a new well or expansion of an existing well must

obtain a permit from the RED, pursuant to Section 8.908. The RED must be satisfied that

the following requirements are met:

(a) Every well contractor must be duly licensed and bonded under the laws of

the Rincon Band and/or the State of California.

(b) The permit application must contain, at a minimum, the well owner’s

name, and contact information; the well driller’s contact information, license, insurance,

and bonding information; well location; proposed well construction details; land status;

proposed use; and approximate start and completion dates.

alteration of the well to the RED within thirty (30) days of completion of the well. Such

record will include:

(1) well location,

(2) method of drilling and stratum information including depth,

thickness, and type;

(3) water information including initial and static water levels, the

tested capacity of the well, and any other water quality information;

and,

(4) type and length of well casing, screen, filter pack, and sanitary

seal.

(d) The contractor shall meet all requirements for design required by the RED

to ensure ground water quantity and quality. In constructing, developing, redeveloping, or

Adopted 1/30/13

PAGE 35

Ordinance No. 8.900

Original Enactment Date: January 30, 2013

Subject: Protection of Tribal Water Resources

RINCON WATER RESOURCES PROTECTION ORDINANCE

Rincon Tribal Code § 8.900

conditioning a well, care shall be taken to preserve the natural barriers to ground water

movement between Aquifers and to seal Aquifers or strata penetrated during drilling

operations which might impair water quality. In addition to any design requirements set

by the RED, the following design requirements shall be met:

(1) For Monitoring Wells:

(A) Monitoring wells shall be located at an adequate distance

from known potential pollutants unless regulatory or legitimate

data requirements necessitate that monitoring wells be located

closer. The minimum horizontal distances from potential

pollutants are shown in Table 3.

Table 3 – Minimum Horizontal Distance Between Potential

Pollutant and Monitoring Well

Potential Pollutant

Minimum Distance to

Monitoring Well (feet)

Any sewer (sanitary, industrial, storm)

Septic tank or sewage leaching field

100

Cesspool or seepage pit

150

Animal of fowl enclosure

100

(B) The top of the monitoring well shall be above any known

flood elevation, and surface drainage shall be away from the

well, when possible.

exploration hole installations shall be disposed of in accordance

with RED Guidelines.

(D) The annular space of all monitoring wells shall be sealed to

prevent the well from becoming a preferential pathway for

surface Contamination. A minimum of two inches is required

around the casing and the wall of the borehole. A seal thick

enough to prevent surface infiltration is necessary and will be

determined by the depth of the borehole.

Adopted 1/30/13

PAGE 36

Ordinance No. 8.900

Original Enactment Date: January 30, 2013

Subject: Protection of Tribal Water Resources

RINCON WATER RESOURCES PROTECTION ORDINANCE

Rincon Tribal Code § 8.900

(i) Surface Seal: The sealing material shall consist of

neat cement, sand-cement, or bentonite clay. Potable

water shall be used in sealing mixtures. Tremie pipe shall

be used for installation if the transition seal is at a depth

greater than 5 feet or extends below the groundwater

surface.

(ii) Transition Seal: A bentonite-based or fine grain

sand shall be used between the filter pack and the surface

seal. This transition seal prevents the surface seal material

from infiltrating the filter pack. The transition seal is

generally less than two feet. Transition seal shall be

installed with a tremie pipe.

(iii) Filter Pack: The filter pack is placed from the

bottom of the borehole up to above the top of screen.

Filter pack material shall be installed with a tremie pipe.

The filter pack material shall consist of clean,

nonreactive, smooth, rounded, spherical, granular

material of highly uniform size and composition. The

grain-size of the filter pack shall be sized to properly

match the slot size of the well screen.

(E) The top of a monitoring well casing shall be fitted with a cap

and "sanitary seal" to prevent surface water and Contaminants

from entering the well. A well box or vault shall be installed

around the monitoring well casing. The well box or vault shall be

set in a concrete pad at least four inches thick and shall slope

away from the well to drain. The concrete pad shall be free of

cracks and voids.

(F) Following installation, all monitoring wells shall be

developed per RED guidelines.

(G) Rehabilitation and Repair of Monitoring Wells: This

section refers to the treatment of a well to recover loss in yield

caused by intrusion or clogging of the screen, filter packer,

and/or water bearing strata adjoining the well. Rehabilitation

Adopted 1/30/13

PAGE 37

Ordinance No. 8.900

Original Enactment Date: January 30, 2013

Subject: Protection of Tribal Water Resources

RINCON WATER RESOURCES PROTECTION ORDINANCE

Rincon Tribal Code § 8.900

methods may include mechanical surging, backwashing, surging

with air, water jetting, sonic cleaning, chemical treatment or any

combination. Any chemicals used to rehabilitate the well are to

be approved by the RED prior to use and immediately removed

from the well, filter pack, and water bearing strata following

completion. All chemicals, water, and other wastes used to

rehabilitate the well shall be disposed of in accordance with RED

guidelines.

(2) For All Other Well Types:

(A) Water wells shall be located at an adequate distance from

known potential pollutants. The minimum horizontal distances

from potential pollutants are shown in Table 4. Water wells shall

be placed upgradient from potential Pollution sources, when

possible.

Table 4 - Minimum Horizontal Distance Between Potential

Pollutant and Water Well

Potential Pollutant

Minimum Distance to

Water Well (feet)

Any sewer (sanitary, industrial, storm)

Septic tank or sewage leaching field

100

Cesspool or seepage pit

150

Animal of fowl enclosure

100

Feedlot

100

Solid waste disposal site

500

Petroleum of chemical storage areas

500

(B) The top of the water well shall be above any known flood

elevation, and surface drainage shall be away from the well,

when possible.

prevent the well from becoming a preferential pathway for

surface Contamination. A minimum of two inches is required

around the casing and the wall of the borehole. A seal thick

Adopted 1/30/13

PAGE 38

Ordinance No. 8.900

Original Enactment Date: January 30, 2013

Subject: Protection of Tribal Water Resources

RINCON WATER RESOURCES PROTECTION ORDINANCE

Rincon Tribal Code § 8.900

enough to prevent surface infiltration is necessary and will be

determined by the depth of the borehole.

(i) A concrete base or pad shall be constructed at ground

surface around the top of the well casing/vault. This

concrete base or pad will create a water tight seal with the

surface seal. The concrete base or pad must extend at

least two feet laterally in all directions from the outside of

the well borehole. The base shall be a minimum of four

inches thick and slope away from the well.

(ii) The surface seal shall extend at least 50 feet below

ground surface for community water supply and

industrial wells, and at least 20 feet for all other types of

water wells.

a. Shallow Groundwater: Exceptions to the

minimum depth can be made for shallow wells with

approval from the RED when the water is at a depth

of less than 20 feet. No annular seal shall be less

than 10 feet below ground surface.

b. Encroachment on Known Potential Pollution

Sources: At the approval of the RED, when a water

well is located closer to a known potential Pollution

source, the surface seal shall extend from ground

surface to the first impervious stratum, if possible,

at a minimum depth of 50 feet.

c. Adversely situated wells: For wells situated in

adverse conditions, approval from the RED may be

required for completion details.

d. Converted wells: Wells being converted from

one use to another, with no surface seal, shall have

surface seals installed to the proper depth.

Adopted 1/30/13

PAGE 39

Ordinance No. 8.900

Original Enactment Date: January 30, 2013

Subject: Protection of Tribal Water Resources

RINCON WATER RESOURCES PROTECTION ORDINANCE

Rincon Tribal Code § 8.900

e. Wells that penetrate zones containing poorquality water: If Aquifers known or may have

poor-quality water are penetrated during drilling,

and the possibility exists that the poor-quality water

could move through the borehole during drilling

and well construction operations and significantly

degrade groundwater quality in other units before

sealing material can be installed, then precautions

shall be taken to seal off the poor-quality water

zones during these activities.

(iii) Surface Seal: The sealing material shall consist of

neat cement, sand-cement, concrete, or bentonite.

Potable water shall be used in sealing mixtures. Tremie

pipe shall be used for installation if the surface seal is at a

depth greater than 5 feet or extends below the

groundwater surface.

(iv) Foundation and Transition Seal: A packer or

similar retaining device, or a small amount of sealant can

be placed at the bottom of the interval to be sealed before

final sealing operations begin to form a foundation for the

seal.

a. A transition seal, up to five (5) feet in length,

consisting of bentonite or fine grain sand shall be

used between the filter pack and the surface seal.

This transition seal prevents the surface seal

material from infiltrating the filter pack. Sometimes

an interval of fine grained sand, usually less than

two feet, is placed between the filter pack and the

transition seal. Transition seal shall be installed with

a tremie pipe. Bentonite can be placed in dry form

or a slurry for use in transition seals. Once the

bentonite is in the borehole, water should be added,

at a ratio of 1 gallon of water for every 2 pounds of

bentonite, prior to the placement of the surface seal.

Adopted 1/30/13

PAGE 40

Ordinance No. 8.900

Original Enactment Date: January 30, 2013

Subject: Protection of Tribal Water Resources

RINCON WATER RESOURCES PROTECTION ORDINANCE

Rincon Tribal Code § 8.900

(v) Timing and Method of Placement: The annular

space shall be sealed as soon as practical following

drilling. In no case shall the annular space be left

unsealed longer than 14 days following the installation of

the casing.

a. Sealing material shall be placed in one

continuous operation from the bottom of the

borehole to the top. When the seal is greater than

100 feet, the deepest portion may be installed and

allowed to set prior to the installation of the

remaining seal.

b. Sealing material shall be installed with the use

of the tremie pipe, or equivalent, to prevent freefall,

bridging, or dilution of the sealing material. Sealing

material shall not be installed by freefall unless the

interval is less than 30 feet below ground surface

and is dry. Tremie pipe shall be used for installation

if the surface seal is at a depth greater than 5 feet or

extends below the groundwater surface.

(vi) Groundwater Flow: Special care shall be used to

restrict the flow of groundwater into the borehole while

placing sealing material.

(vii) Verification: The volume of sealing material placed

shall be verified to at least equal the volume to be sealed.

(viii) Pressure: Pressure required for placement of

sealing material shall be maintained long enough for the

cement based material to set.

(D) Any opening at the surface level shall be sealed, to prevent

surface infiltration into the groundwater supply.

Adopted 1/30/13

PAGE 41

Ordinance No. 8.900

Original Enactment Date: January 30, 2013

Subject: Protection of Tribal Water Resources

RINCON WATER RESOURCES PROTECTION ORDINANCE

Rincon Tribal Code § 8.900

(E) In community water supply wells, the well and pump shall be

located in a locked enclosure to exclude access by unauthorized

Persons.

(F) All wells producing water for domestic use shall be

disinfected following construction, repair, or when work is done

on the pump, before the well is placed in service per RED

guidelines.

(G) In areas where a well penetrates more than one Aquifer, and

one or more of the Aquifers contain poor-quality water, the strata

producing such poor-quality water shall be sealed off to prevent

entrance of the water into the well or it migration to other

Aquifer(s).

(i) Strata producing the poor-quality water shall be

sealed off by placing impervious material opposite the

strata and opposite the confining formation(s). The seal

shall extend above and below the strata at least 10 feet. In

the event of "bottom" waters, the seal shall extend 10 feet

in the upward direction. The sealing material shall fill the

annular space between the casing and the wall of the

borehole in the interval to be sealed. The sealing material

shall be placed from the bottom to the top of the interval.

(ii) In some cases, a "sleeve" or "slip joint" in the casing

may be required.

(iii) Sealing material shall consist of neat cement, cement

grout, or bentonite clay.

(iv) Sealing shall be accomplished by a method approved

by the RED.

(H) Rehabilitation, Repair, and Deepening of Wells:

Rehabilitation is the treatment of a well by chemical or

mechanical means (or both) to recover lost production caused by

incrustation or clogging of the screens or the formation

Adopted 1/30/13

PAGE 42

Ordinance No. 8.900

Original Enactment Date: January 30, 2013

Subject: Protection of Tribal Water Resources

RINCON WATER RESOURCES PROTECTION ORDINANCE

Rincon Tribal Code § 8.900

immediately surrounding the well. The following methods are

acceptable: introduction of chemicals, surging by use of

compressed air, backwashing or surging by starting and stopping

the pump, jetting the water, sonic cleaning, vibratory explosives,

or any combinations of these. In the cases where chemicals or

explosives are used, prior approval from the RED is required and

the well shall be pumped until all traces of them have been

removed.

(i) In the repair of wells, materials used for casing shall

be approved by the RED.

(ii) When wells are to be deepened, the standards for

well installation are to be followed.

§ 8.913

ABANDONED WELLS

(a) An abandoned well is a well that:

(1) is other than a monitoring well, has been out of service

continuously for one (1) year or more;

(2) is a monitoring well from which no measurement or sample has

been taken for a period of three (3) years;

(3) is in such a state of disrepair that it cannot be made operational for

its intended purpose;

(4) is a test hole or exploratory boring twenty-four (24) hours after

construction and testing work has been completed;

(5) is a cathodic protection well that is no longer functional for its

original purpose; or

(6) is any boring that cannot be satisfactorily completed as a well.

(b) Any landowner who has drilled a well that has been closed or is

abandoned must ensure proper closure to prevent Contamination of the Wellhead

Adopted 1/30/13

PAGE 43

Ordinance No. 8.900

Original Enactment Date: January 30, 2013

Subject: Protection of Tribal Water Resources

RINCON WATER RESOURCES PROTECTION ORDINANCE

Rincon Tribal Code § 8.900

Protection Area. The following information must be submitted to the RED for all well

closures:

(1) proof of a plan identifying that the well was or will be sealed using

appropriate methods within thirty (30) days of abandonment; and

(2) a map identifying the location of the closed or abandoned well.

RED, pursuant to Section 8.908. The RED must be satisfied that the following

requirements are met:

(1) Every well contractor must be duly licensed and bonded under the

laws of the Rincon Band and/or the State of California.

(2) The permit application must contain, at a minimum, the well

owner’s name and contact information; the well driller’s contact

information, license, insurance, and bonding information; well

location; proposed well destruction procedure; and approximate start

and completion dates.

(3) Every well driller must submit a complete record on the

destruction of the well to the RED within thirty (30) days of

abandonment of the well. Such record will include: i) well location, ii)

method of abandonment, and iii) date of abandonment.

(d) The contractor shall meet all abandonment requirements required by the

RED to ensure ground water quantity and quality. In abandoning a well, care shall be

taken to preserve the natural barriers to ground water movement between Aquifers and to

seal Aquifers or strata penetrated during drilling operations which might impair water

quality. In addition to any abandonment requirements set by the RED, the following

abandonment requirements shall be met:

(1) For monitoring and water wells:

(A) If a well is located in an area of known potential Pollution or

if the well was not constructed using the current guidelines, then

the well shall be destroyed by removing all material within the

Adopted 1/30/13

PAGE 44

Ordinance No. 8.900

Original Enactment Date: January 30, 2013

Subject: Protection of Tribal Water Resources

RINCON WATER RESOURCES PROTECTION ORDINANCE

Rincon Tribal Code § 8.900

original borehole (this includes well casing, filter pack, and

annular seal). Once all material is out, the hole is to be filled with

an appropriate sealing material, using a tremie pipe.

(B) In all cases the well shall be i) sealed with impervious

material (neat cement, sand-cement, concrete, or bentonite) from

its total depth to within 5 feet of ground surface using a tremie

pipe or ii) by a method approved by the RED.

filled and sealed to prevent interchange. To prevent the vertical

movement of water from the producing formation, impervious

material must be placed opposite confining formations above and

below the producing formations for a distance of at least 10 feet.

The formation producing the deleterious water shall be sealed by

placing impervious material opposite the formation, and opposite

the confining formations for at least 10 feet in both directions, or

in the case of "bottom" waters, in the upward direction.

(D) Well Penetrating Fractured Rock: If fractured rock

formations are encountered just below the surface, the portions

of the well opposite this formation shall be sealed with neat

cement, sand-cement grout, or concrete. If these formations

extend a considerable depth, alternate layers of coarse stone and

cement grout or concrete may be used to fill the well.

(E) When well casing is not removed during abandonment, the

top five feet must be removed. In urban areas, the sealing

material shall end at a depth of 5 feet below ground surface, and

a material, matching its surroundings, will be used to ground

surface.

(F) Destruction Requirements for Exploration Borings:

Exploration boring shall be completely filled with appropriate

sealing material from the bottom to top, using a tremie pipe. In

urban areas, the sealing material shall end at a depth of 5 feet

below ground surface, and a material, matching its surroundings,

will be used to ground surface.

Adopted 1/30/13

PAGE 45

Ordinance No. 8.900

Original Enactment Date: January 30, 2013

Subject: Protection of Tribal Water Resources

RINCON WATER RESOURCES PROTECTION ORDINANCE

Rincon Tribal Code § 8.900

(G) If not previously stated, the sealing material shall consist of

neat cement, sand-cement, concrete, or bentonite. Potable water

shall be used in sealing mixtures. Tremie pipe shall be used for

installation if the transition seal is at a depth greater than 5 feet or

extends below the groundwater surface.

(e) Abandoned wells that have not been properly closed may be closed and

sealed by the RED, with the cost of such closure or sealing to be paid by the property

owner.

§ 8.914

EXISTING NONCONFORMING USES

Any use that is lawfully existing on the effective date of this Ordinance and

that does not conform with all the provisions of this Ordinance may remain in use under

the following conditions:

(a) no prohibited use in a Wellhead Protection Area may be expanded if it

increases the non-conformity of the activity; and

(b) abandonment of a use or a permit will result in the loss of the nonconforming use status.

(c) Notwithstanding subsections (a) and (b) of this section, where the nonconforming use is deemed a substantial threat to public health or the physical

environment, the RED may require an appropriate modification to the activity or use to

conform to the requirements for wellhead protection.

STREAM AND WETLAND MANAGEMENT

§ 8.915

FINDINGS AND PURPOSE

(a) Streams and wetlands provide a number of benefits to the Rincon Band,

including Habitat for migratory birds, amphibians such as frogs and salamanders, and

other wildlife; cultural plants and other cultural practices and properties; providing

recharge water to ground-water Aquifers; improving water quality; providing water to

streams during summer low flows; holding flood and storm waters; and recreational and

educational opportunities.

Adopted 1/30/13

PAGE 46

Ordinance No. 8.900

Original Enactment Date: January 30, 2013

Subject: Protection of Tribal Water Resources

RINCON WATER RESOURCES PROTECTION ORDINANCE

Rincon Tribal Code § 8.900

(b) It is the intent of the Rincon Band to achieve no net loss of streams,

wetlands, and their functions and, in the long term, to achieve a net gain of stream and

wetland functions within the boundary of the Rincon Reservation. These goals will be

achieved by measures such as requiring site planning to avoid or minimize damage to

streams and wetlands wherever possible and by requiring restoration or enhancement of

degraded streams and wetlands to offset losses that are unavoidable. It is also the intent of

the Rincon Band to pursue a policy of actively encouraging the restoration or

enhancement of streams and wetlands with a high potential to provide wildlife, cultural,

water-quality, or Aquifer-recharge functions.

(1) To protect the functions and values of Rincon Reservation streams

and wetlands from the impacts of development activities and other

land uses;

(2) To encourage appropriate residential development and land-use

practices by and for tribal members and non-tribal members as well as

commercial and business growth on the Rincon Reservation for tribal

employment opportunities by providing defined stream and wetland

management standards, requirements, and Mitigation alternatives for

effective project planning;

(3) To protect and enhance wildlife resources, cultural resources, and

the quantity and quality of Rincon Reservation ground water; and

(4) To protect surface-water quality and enhance storm-water

management.

§ 8.916

TRIBAL JURISDICTION OVER STREAMS AND WETLANDS ON

THE RINCON RESERVATION

The Rincon Band, a federally recognized Indian Tribe, hereby enacts these

provisions for protection of Rincon Reservation Water pursuant to 33 USC §1377 of the

Clean Water Act, “Indian tribes shall be treated as States for purposes of section 1251 (g)

of this title.” Pursuant to 33 USC §1377(h)(1) “Federal Indian reservation” means all land

within the limits of any Indian reservation under the jurisdiction of the United States

Adopted 1/30/13

PAGE 47

Ordinance No. 8.900

Original Enactment Date: January 30, 2013

Subject: Protection of Tribal Water Resources

RINCON WATER RESOURCES PROTECTION ORDINANCE

Rincon Tribal Code § 8.900

Government, notwithstanding the issuance of any patent, and including rights-of-way

running through the reservation; and 33 USC §1377(h)(2) “Indian tribe” means any

Indian tribe, band, group, or community recognized by the Secretary of the Interior and

exercising governmental authority over a Federal Indian reservation.

The criteria in this Ordinance are consistent with § 101(a)(2) of the Clean

Water Act (33 U.S.C. § 1251(a)(2)), which declares that “it is the national goal that

wherever attainable, an interim goal of water quality which provides for the protection

and propagation of fish, shell fish, and wildlife and provides for recreation in and on the

water be achieved by July 1, 1983.” This Ordinance is adopted to protect all authorized

uses of Rincon Reservation Waters. Contamination that may result from such uses shall

not lower the quality of the water below what is required for public health, domestic

water uses, recreation and other uses designated by the Rincon Band.

§ 8.917

[RESERVED]

WATER QUALITY STANDARDS

§ 8.918

FINDINGS AND PURPOSE

(a) All water that flows through or falls onto the Rincon Reservation is

precious and contributes to Aquifer recharge on the Rincon Reservation. The waters of

the Rincon Reservation support a diverse assemblage of flora, fauna, and Habitats. The

quality of these water resources affects the political integrity, economic security, health,

and welfare of the Rincon Band as well as subsistence, cultural, commercial, and other

uses by tribal and non-tribal members.

(b) Over 100% of the residential water supply for the Rincon Reservation is

currently pumped from ground water wells on the Rincon Reservation. Recharge of the

Aquifers is primarily from local precipitation (i.e., that which falls on or near the Rincon

Reservation). Where surface waters contribute to Aquifer recharge, ground water is

susceptible to Contamination.

potential to impair the quality of Rincon Reservation Waters; impairment of the quality

of waters of the Rincon Reservation threatens the economic security, health, and welfare

of the Rincon Band.

Adopted 1/30/13

PAGE 48

Ordinance No. 8.900

Original Enactment Date: January 30, 2013

Subject: Protection of Tribal Water Resources

RINCON WATER RESOURCES PROTECTION ORDINANCE

Rincon Tribal Code § 8.900

(d) The purpose of the water quality standards program is to protect Rincon

Reservation waters from Contaminants which may (1) have an adverse effect on the

health of all Persons present on the Rincon Reservation and/or (2) degrade the integrity of

the Rincon Reservation Waters.

(e) The Rincon Band, acting through the RED, pursuant to the Quality

Assurance Project Plan for Groundwater and Surface Water Sampling, dated September

23, 2009, has been developed for the monitoring of surface and groundwater sources

within the Rincon Reservation.

(f) The purposes of this Ordinance are to establish water quality standards for

Rincon Reservation Waters consistent with all beneficial uses, including public health

and public enjoyment; the propagation, protection, and restoration of wildlife Habitats;

and the protection of Rincon Reservation waters as cultural, economic and spiritual

resources of the Rincon people.

§ 8.919

NON-POINT SOURCE MANAGEMENT PROGRAM

(a) Identification of Best Management Practices. Best Management

Practices (“BMP’s”) are those practices determined to be practical, acceptable to the

public, and effective in preventing water Pollution or reducing the amount of Pollution

generated by non-point sources. Best Management Practices include information and

education programs, technical and financial assistance, technology transfer,

demonstration projects, monitoring/evaluation systems, and regulation and enforcement.

The Rincon Environmental Department and other departments within the Rincon Band

will develop and present BMP’s to the Tribal Council for approval in accordance with

Tribal Law.

(b) Reservation Wide Program Objectives. Reservation wide program

objectives include current as well as proposed programs and identify activities, products,

responsible agencies, and funding. The Tribal Government, acting by and through, Tribal

Administration and the RED, is responsible for water and natural resource management

activities, such as, herbicide use, wellhead protection, residential and commercial

building, utility and road building which will require the adoption of approved BMPs.

The following non-exhaustive list of BMP’s will need to be approved by the Tribal

Council upon recommendation by Tribal Administration and the RED:

(1) Land Assignment and Lease Ordinance;

Adopted 1/30/13

PAGE 49

Ordinance No. 8.900

Original Enactment Date: January 30, 2013

Subject: Protection of Tribal Water Resources

RINCON WATER RESOURCES PROTECTION ORDINANCE

Rincon Tribal Code § 8.900

(2) Habitat Conservation Ordinance;

(3) Pollution Discharge Prohibition Ordinance;

(4) Land Use, Development Standards and Zoning Plan;

(5) Pesticides Ordinance; and

(6) Road Construction

§ 8.920

RULE-MAKING AUTHORITY

(a) The RED shall have the authority to, and shall promulgate, amend, or

rescind regulations relating to standards of quality for waters of the Rincon Reservation

and for substances discharged therein in order to maintain the highest possible standards

in accordance with the public policy of the Rincon Band as declared in Section 8.901 &

8.902. The regulations, which shall not be effective until approved by the Tribal Council,

shall be structured according to requirements under the federal Clean Water Act, 33

U.S.C.A. §§ 1251-1387 (CWA) as amended from time to time, and shall specifically

include:

(1) use designations consistent with the requirements of the Clean

Water Act;

(2) methods used and analyses conducted to support the water quality

standards;

(3) water quality criteria sufficient to protect the designated uses,

including criteria for priority toxic pollutants and biological criteria;

(4) an antidegradation policy and implementation methods consistent

with Federal Water Quality Standards Regulations;

(5) general information supporting the adequacy of the scientific basis

of the standards, as well as information on general policies applicable

to Rincon Band standards that may affect their application and

implementation; and

Adopted 1/30/13

PAGE 50

Ordinance No. 8.900

Original Enactment Date: January 30, 2013

Subject: Protection of Tribal Water Resources

RINCON WATER RESOURCES PROTECTION ORDINANCE

Rincon Tribal Code § 8.900

(6) certification that the regulations for water quality standards have

been adopted pursuant to the requirements of this Ordinance; and

(7) ensure that water quality sampling and monitoring activities

comply with the Rincon Reservation Quality Assurance Project Plan.

PROHIBITED ACTS, ENFORCEMENT, REVIEW, AND APPEALS

§ 8.921

NOTICE OF VIOLATION; EMERGENCY ORDERS

This Ordinance shall be considered a Rincon Environmental Ordinance for

purposes of the Rincon Environmental Enforcement Ordinance. For any violations of this

Ordinance, the RED shall have authority to issue Notices of Violation and Emergency

Orders pursuant to § 8.308 of the Rincon Environmental Enforcement Ordinance.

(a) Hearing and Hearing Process. Any Person served with a Notice of

Violation for a violation of this Ordinance may file a “Request for Hearing” with the

Tribal Court within five (5) working days from receipt of the “Notice of Violation”

pursuant to Rincon Environmental Enforcement Ordinance § 8.309. Upon receipt of a

properly filed “Request for Hearing, ” the Tribal Court shall schedule and conduct a

hearing pursuant to Rincon Environmental Enforcement Ordinance § 8.309 (b).

(b) Remedies; Civil Penalties; Enforcement of Tribal Court Orders

(1) Remedies available to the Rincon Band for violations of this

Ordinance shall be governed by the Rincon Environmental

Enforcement Ordinance § 8.310.

(2) Civil Penalties which may be imposed against Persons determined

to have violated this Ordinance shall be governed by the Rincon

Environmental Enforcement Ordinance § 8.311.

(3) Rincon Environmental Enforcement Ordinance § 8.312 shall apply

to any orders issued by the Tribal Court that arise from violations of

this Ordinance.

Adopted 1/30/13

PAGE 51

Ordinance No. 8.900

Original Enactment Date: January 30, 2013

Subject: Protection of Tribal Water Resources

RINCON WATER RESOURCES PROTECTION ORDINANCE

Rincon Tribal Code § 8.900

into the waters of the Rincon Reservation shall be liable for all costs associated with or

necessary to clean up, abate, or remove said pollutants from the waters of the Rincon

Reservation and restore the quality of the waters of the Rincon Reservation to their

condition as they existed immediately prior to the discharge.

MISCELLANEOUS

§ 8.922

NO WAIVER OF SOVEREIGN IMMUNITY

All inherent sovereign rights of the Rincon Band as a federally recognized

Indian tribe with respect to provisions authorized in this Ordinance are hereby expressly

reserved, including sovereign immunity from unconsented suit. Nothing in this Ordinance

shall be deemed or construed to be a waiver of the Rincon Band’s sovereign immunity

from unconsented suit.

§ 8.923

SEVERABILITY

If any provision of this Ordinance or the application thereof to any Person or

circumstance shall be held unconstitutional or invalid by the Tribal Council, only the

invalid provision shall be severed and the remaining provision and language of this

Ordinance shall remain in full force and effect.

Adopted 1/30/13

PAGE 52

RINCON WATER RESOURCES PROTECTION ORDINANCE

Appendix A -- RINCON WATER QUALITY STANDARDS

These Water Quality Standards (WQS) are regulations promulgated in accordance with

§17.06.030 of the Rincon Water Resources Code under the authority of the Natural Resources

Commission of the Rincon Band of Luiseno Indians for the waters of the Rincon Reservation.

These WQS establish standards of quality for waters of the Reservation and for substances

discharged therein to maintain the highest possible standards in accordance with the public

policy of the Rincon Band as declared in §17.07.010 of the Rincon Water Resources Code.

These regulations have been structured according to requirements under the federal Clean

Water Act, 33 U.S.C.A. §§ 1251-1387 (CWA) as amended, and include:

(a) use designations consistent with the requirements of the Clean Water Act;

(b) methods used and analyses conducted to support the water quality standards;

priority toxic pollutants and biological criteria;

(d) an antidegradation policy and implementation methods consistent with Federal

Water Quality Standards Regulations;

(e) general information supporting the adequacy of the scientific basis of the

standards, as well as information on general policies applicable to Rincon Band standards that

may affect their application and implementation; and

(f) certification that the regulations for water quality standards have been adopted

pursuant to the requirements of this Code.

Water quality standards are intended to protect public health and aquatic life, and to

maintain or enhance water quality in relation to the beneficial uses of the water. It is with

this intention that these water quality standards were devised in accordance with t he

R i n con B an d o f Lu i se no In di an s (R i nc o n B an d) W a t e r R e so ur c es C od e

§17 .0 6.0 30 a nd U.S. Environmental Protection Agency guidelines.

Water quality standards are expressed in both narrative and numeric forms. The standards,

when compared to water quality data from water samples, will provide the basis for

detecting any future trend toward degradation of Reservation waters. Through regular

water sampling and monitoring, the Rincon Band will have the requisite information to

make a determination on the short and long term trends of the water quality of the

waters of the Rincon Reservation.

These standards are based on the federal water quality standards as established by the U.S.

Environmental Protection Agency and those w a t e r q u a l i t y s t a n d a r d s established by

the California State Regional Water Quality Board, San Diego District, for t h e S a n

L u i s R e y R i v e r w a t e r s h e d . This provides the basis for a regulatory program

administered by the Rincon Band to protect its water resources presently and in the

future.

Stakeholders have been notified of the contents of this document and have been given an

opportunity to comment. A triennial review of the standards is required and the process

is described in this document. It is critical that standards are kept up to date for the most

stringent protection of the high water quality that currently exists on the Rincon

Reservation.

I. PURPOSE

The federal Clean Water Act designates authority to Indian Tribes to manage water

resources for the health and benefit of Tribal members. As part of this effort, the

R i n c o n B a n d is establishing water quality standards within the boundaries of the

Rincon Indian Reservation. Beneficial uses for a l l s u r f a c e w a t e r s a n d g r o u n d

w a t e r o n t h e R i n c o n R e s e r v a t i o n , as well as water quality objectives in both

narrative and numeric forms are designated within this document and in the Quality

Assurance Protection Plan included as an Appendix to this document.

Water quality standards are intended to protect the public health and welfare, and to

maintain or enhance water quality in relation to the existing and/or potential beneficial

uses of the water. "Water quality objectives" are the allowable "limits or levels of water

quality constituents or characteristics which are established for the reasonable protection

of beneficial uses of water or the prevention of nuisance within a specific area." The

objectives, when compared to future water quality data, will also provide the basis for

detecting any future trend toward degradation or enhancement of Reservation waters.

The federal Clean Water Act defines "water quality standards" to include both beneficial

uses (i.e., current or potential uses) and "water quality criteria" (i.e., water quality

objectives). Thus, the beneficial uses designated herein and the water quality objectives

comprise the Tribe's water quality standards.

II. METHODOLOGY FOR ESTABLISHING WATER QUALITY STANDARDS

Water quality objectives are numerical or narrative. Numerical and narrative water

quality objectives define the upper concentration or other limits that the R i n c o n B a n d

considers protective of beneficial uses. The water quality objectives have been

r4eviewed and approved by U.S. EWPA as part of the QAPP for water quality.

The general methodology used in establishing water quality objectives involves, first,

designating beneficial water uses; second, selecting and quantifying the water quality

parameters necessary to protect the most vulnerable (sensitive) beneficial uses; and third,

a narrative description of physical characteristics that should or should not be present.

To comply with the Antidegradation Policy (see below), water quality objectives may be

established at levels better than that necessary to protect the most vulnerable beneficial

use.

In establishing water quality objectives, factors in addition to designated beneficial uses

and the Antidegradation Policy are considered. These factors include environmental and

economic considerations, as well as the level of water quality which could be achieved

through coordinated control of all factors which affect water quality in an area.

Controllable water quality factors are those actions, conditions, or circumstances

resulting from human activities that may influence the quality of the waters of the

Reservation, and that may be reasonably controlled.

III. TRIENNIAL REVIEW

Public participation from the Rincon Band General Council and other stakeholders is an

integral part in establishing these standards, and the promulgation of these standards has

been approved by the Tribal Council through resolution. Water quality standards shall

be reviewed, and if necessary, revised, at a minimum of every three years by the

R i ncon Environmental Department (RED), General Council, and other stakeholders.

Upon approval of the Tribal Council and the US EPA, revised water quality objectives

will then be adopted as part of these standards by amendment.

As part of the review process, the Rincon Band shall notify stakeholders who will have

an opportunity to comment on current or proposed standards. Updated state and federal

standards shall also be reviewed at this time, and if appropriate, adopted into the Tribe's

water quality standards. RED shall make recommendations to the Tribal Council

regarding the proposed changes, and if adopted by Tribal Council, shall be sent to the

EPA for review and approval and incorporated into the standards.

As a component of the Rincon Band’s continuing planning process, data may be collected

and numerical water quality objectives may be developed for additional water bodies

and/or constituents where sufficient information is presently not available for the

establishment of such objectives.

RINCON WATER RESOURCES PROTECTION ORDINANCE

Appendix B – Beneficial Uses

(a) Designated Beneficial Uses-- Rincon Reservation Waters

Beneficial Uses

Inland Surface Water

Reservoirs and Lakes

Ground Water

Municipal and Domestic Supply

Agricultural Supply

Industrial Service Supply

Industrial Process Supply

Freshwater Replenishment

Contact Water Recreation

Non-Contact Water Recreation

Warm Freshwater Habitat

Cold Freshwater Habitat

Wildlife Habitat

Rare, Threatened, or End.

(b) Summary of Beneficial Use Designations

Beneficial Use

Abbreviation

Definition

Municipal and Domestic Supply

MUN

Community, military, or individual water supply systems including, but not limited to,

drinking water supply

Agricultural Supply

AGR

Farming, horticulture, or ranching including, but not limited to, irrigation, stock watering, or

support of vegetation for range grazing

Industrial Process Supply

PROC

Industrial activities that depend primarily on water quality

Industrial Service Supply

IND

Industrial activities that do not depend primarily on water quality including, but not limited to

mining, cooling water supply, hydraulic conveyance, gravel washing, fire protection, or oil

well re-pressurization

Ground Water Recharge

GWR

Natural or artificial recharge of ground water for purposes of future extraction, maintenance

of water quality, or halting of saltwater intrusion into freshwater aquifers

Freshwater Replenishment

FRSH

Natural or artificial maintenance of surface water quantity or quality (e.g. salinity)

Contact Water Recreation

REC-1

Recreational activities involving body contact with water, where ingestion of water is reasonably possible. These uses

include, but are not limited to, swimming, wading, water-skiing, skin and SCUBA diving, surfing, white water activities,

fishing, or use of natural hot springs

REC-2

Recreational activities involving proximity to water, but not normally involving body contact with water, where ingestion of

water is reasonably possible. These uses include, but are not limited to, picnicking, sunbathing, hiking, beachcombing,

camping, boating, tidepool and marine life study, hunting, sightseeing, or aesthetic enjoyment in conjunction with the

above activities

Non-contact Water Recreation

Beneficial Use

Abbreviation

Definition

Warm Freshwater Habitat

WARM

Warm water ecosystems including, but not limited to, preservation or enhancement of

aquatic habitats, vegetation, fish or wildlife, including invertebrates

Cold Freshwater Habitat

COLD

Cold water ecosystems including, but not limited to, preservation or enhancement of aquatic

habitats, vegetation, fish or wildlife, including invertebrates

Wildlife Habitat

WILD

Terrestrial ecosystems including, but not limited to, preservation and enhancement of

terrestrial habitats, vegetation, wildlife (e.g. mammals, birds, reptiles, amphibians,

invertebrates), or wildlife water and food resources

Rare, Threatened, or Endangered

Species

RARE

Habitats necessary, at least in part, for the survival and successful maintenance of plant

and animal species established under state or federal law as rare, threatened, or

endangered

RINCON WATER RESOURCES PROTECTION ORDINANCE

Appendix C -- Numerical Criteria

These standards are based on the federal water quality standards as established by the U.S.

Environmental Protection Agency and those w a t e r q u a l i t y s t a n d a r d s established

by the California State Regional Water Quality Board, San Diego District, for t h e S a n

Luis Rey River watershed , adopted and modified as appropriate

s p e c i f i c t o t h e R i n c o n I n d i a n R e s e r v a t i o n . This provides the basis for a

regulatory program administered by the Rincon Band to protect its water resources

presently and in the future.

Table 1. Analytical Parameters and Project Action Limits

General

minerals and

physical

parameters

Reference

method

Total dissolved

solids

Turbidity

EPA 180.1

Preparation

Type of analysis

Method

detection

limit

Precision

objective

Accuracy

objective

Water

Quality

Objective

/ project

action

level

None

gravimetric

1.0 mg/l

20%

500 mgl

None

Nephelometric

0.1 NTU

20%

Epa 180.1

None

Electrode

Boron

EPA 212.3

None

Colormetric

0.1 mg.l

20%

75-125%

Chloride

EPA 300

None

Ion Chematography

0.1 mg/l

20%

75-125%

250 mg/l

Flouride

EPA 300

None

Ion Chematography

0.5 mg/l

20%

75-125%

1.0 mg/l

None

Colormetric

0.1 mg/l

20%

75-125%

0.025

mg/l

10 mg/l

Ammonia-N

20%

6.5-8.5

units

Nitrate-N

EPA 300

None

Ion Chematography

0.1 mg/l

20%

75-125%

Phosphate-P

EPA 300

None

Ion Chematography

0.1 mg/l

20%

75-125%

Orthophosphate

EPA 300

None

Sulfate

EPA 300

None

Ion Chematography

0.5 mg/l

20%

75-125%

250 mg/l

Surfectants

(MBAS)

EPA 425.1

Chloroform

extraction

Spectrophotometer

0.05 mg/l

20%

75-125%

0.5 mg/l

Total Organic

Carbon

EPA 415.2

Combustion

Infrared Analyzer

0.5 mg/l

20%

75-125%

2.0 mg/l

Metals

Reference

method

Preparation

Type of analysis

Method

detection

limit

Precision

objective

Accuracy

objective

Water

Quality

Objective

/ project

action

level

Aluminum

EPA 6010

Nitric Acid

Digestion

Inductively

Coupled

10 ug/l

20 %

75-125%

1.0 mg/l

75-125%

Arsenic

EPA 6010

Nitric Acid

Digestion

Plasma (ICP)

5 ug/l

20 %

75-125%

0.05

Cadmium

EPA 6010

Nitric Acid

Digestion

ICP

10 ug/l

20 %

75-125%

0.010 mg/l

Chromium

EPA 6010

Nitric Acid

Digestion

ICP

10 ug/l

20 %

75-125%

0.05mg/l

Copper

EPA 6010

Nitric Acid

Digestion

ICP

20 ug/l

20 %

75-125%

1.0 mg/l

Iron

EPA 6010

Nitric Acid

Digestion

ICP

10 ug/l

20 %

75-125%

0.3 mg/l

Lead

EPA 6010

Nitric Acid

Digestion

ICP

5 ug/l

20 %

75-125%

0.05 mg/l

Manganese

EPA 6010

Nitric Acid

Digestion

ICP

10 ug/l

20 %

75-125%

0.05 mg/l

Mercury

EPA 7471

Nitric Acid

Digestion

Cold Vapor AA

0.5 ug/l

20 %

75-125%

0.002 mg/l

Sodium

EPA 6010

Nitric Acid

Digestion

ICP

0.1 mg/l

20 %

75-125%

0.004 mg/l

Selenium

EPA 6010

Nitric Acid

Digestion

ICP

8 ug/l

20 %

75-125%

0.01 mg/l

Other

Parameters

Reference

method

Preparation

Type of analysis

Method

detection

limit

Precision

objective

Accuracy

objective

Water

Quality

Objective

/ project

action

level

Cyanide

EPA335.2

Spectrometric

0.05 mg/l

75-125%

Perchlorate

EPA

M300.0

Ion

Chromatography

0.004 mg/l

75-125%

Total Coliform

SM 8223

None

Multiple Tube

1.1 MPN

<2.2 MPN

Fecal Coliform

SM 8223

None

Multiple Tube

1.1 MPN

<2.2 MPN

Heterotrophoic

Plate Count

SM 8215

None

Plate Count

5.0 CFU

Gross alpha

Activity

EPA 900.0

None

Low Level

3pCi/L

90-110%

15pCi/L

Gross Beta

Activity

EPA 900.0

None

Proportional

4 pCi/L

90-110%

50pCi/L

NMethylcarbamate

Pesticides

Reference

method

Preparation

Type of

analysis

Hydroxycarbofuran

EPA 8140

Extraction

Chlorinated

Organics

Aldicarb

Methomyl

0.2 mg/l

Method

detection

limit

Precision

objective

Accuracy

objective

Water

Quality

Objective /

project

action level

Gas

Chromatograph

0.35ug/l

50%

40-140%

0.36ug/l

50%

40-140%

0.52ug/l

30%

50-135%

Propoxur

0.34ug/l

30%

50-135%

Carbofuran

0.75ug/l

0.18mg/l

Carbaryl

0.56ug/l

Methiocarb

0.74ug/l

Thiobencarb

Organochlorine

Pesticides

Reference

method

Preparation

Type of

analysis

Method

detection

limit

Alpha-BHC

EPA 8080

Extraction

Chlorinated

Organics

Gas

Chromatograph

0.0013ug/l

Gamma-BHC

Beta-BHC

Aldrin

Dieldrin

4,4-DDE

0.07mg/l

Precision

objective

Accuracy

objective

Water

Quality

Objective /

project

action level

0.0016ug/l

38%

41-120%

0.002mg/l

0.0034ug/l

0.0037ug/l

0.0018ug/l

0.0086ug/l

4,4-DDD

0.0013ug/l

4,4-DDT

0.029ug/l

49%

41-139%

Endrin

0.0012ug/l

40%

45-125%

0.0002mg/l

EndrinAldehydy

0.0014ug/l

Endrin Ketone

0.0023ug/l

Endosulfan I

0.0046ug/l

Endosulfan II

0.0016ug/l

Endosulfan

Sulfate

0.0015ug/l

Heptachlor

0.0022ug/l

43%

40-126%

0.00001mg/l

Heptachlor

Epoxide

00.13ug/l

Methoxychlor

00.80ug/l

0.04mg/l

Toxaphene

0.88ug/l

0.003mg/l

Organophosphorus

Pesticides

Reference

method

Preparation

Type of

analysis

Dichlorvos

EPA8140

Extraction

Gas

Chromatograph

(a)

Method

detection

limit

Precision

objective

Accuracy

objective

Water

Quality

Objective /

project

action level

0.32ug/l

Chlorinated

Organics

Mevinphos

0.16ug/l

Ethoprop

0.37ug/l

50%

40-140%

Naled (dibrom)

0.035ug/l

Phorate

0.38ug/l

50%

40-140%

Diazinon

0.33ug/l

Methyl Parathion

0.34ug/l

Ronnel

0.35ug/l

50%

40-140%

Chloropyrifos

0.34ug/l

Bolstar

0.19ug/l

50%

40-140%

Volatile Organics

Reference

method

Preparation

Type of analysis

Method

detection

limit

Precision

objective

Accuracy

objective

Water

Quality

Objective

/ project

action

level

Acetone

EPA 624

Low Level

Purge &

Trap

Gas

Chromatography

/ Mass

Spectrometer

100 ug/l

(b)

( LLPT)

Benzene

0.5ug/l

23%

67-126%

0.001

mg/l

Bromodichloromathane

0.5 ug/l

0.1 mg/l

Bromoform

1.0 ug/l

0.1 mg/l

Bromomethane

10 ug/l

Carbon Disulfide

1.0 ug/l

Carbon Tetrachloride

0.5 ug/l

0.0005

mg/l

Chlorobenzene

1.0 ug/l

23%

74-120%

0.070

mg/l

Chloroethane

5.0 ug/l

Chloroform

1.0 ug/l

Chloromethane

10 ug/l

Ca-1,2-Dichloroethene

1.0 ug/l

0.006

mg/l

Ca-1,3Dichloropropene

0.5 ug/l

0.0005

mg/l

Dibromochloromethane

1.0 ug/l

0.1 mg/l

Dichlorodiflouromethane

0.5 mg/l

30%

68-123%

0.005

mg/l

Ethylbenzene

1.0 ug/l

0.68 mg/l

01 mg/l

Methylene Chloride

2.0 ug/

0.005

mg/l

Styrene

1.0 ug/l

0.1 mg/l

Tetrachloroethene

1.0 ug/l

18 %

80-120%

0.005

mg/l

Toluene

1.0 ug/l

1.0 mg/l

Total Xylenes

1.0 ug/l

1.75 mg/l

Trans-1,2Dichloroethene

1.0 ug/l

0.01 mg/l

Trans-1,3Dichloropropene

0.5 ug/l

0.0005

mg/l

Trichloroethene

1.0 ug/l

0.005

mg/l

Trichloroflouromethane

1.0 ug/l

0.15 mg/l

Trichlorotriflouroethane

1.0 ug/l

1.2 mg/l

Vinyl Chloride

0.5 ug/l

0.0005

mg/l

1,1,1-Trichloroethane

1.0 ug/l

0.200

mg/l

1,1,2-Trichloroethane

1.0 ug/l

0.005

mg/l

1,1,2,2Tetrachloroethane

0.5 ug/l

0.001

mg/l

1,1-Dichloroethane

1.0 ug/l

0.005

mg/l

1,1-Dichloroethene

1.0 ug/l

24%

57-113%

0.006

mg/l

1.2-Dichlorobenzene

1.0 ug/l

0.6 mg/l

1,2-Dichloroethane

0.5 ug/l

0.0005

mg/l

Volatile Organics

Reference

method

Preparation

Type of analysis

Method

detection

limit

Precision

objective

Accuracy

objective

Water

Quality

Objective

/ project

action

level

1,2-Dichloropropane

EPA 624

Low Level

Purge &

Trap

Gas

Chromatography

/ Mass

Spectrometer

1.0 ug/l

0.005

mg/l

( LLPT)

1,3-Dichlorobenzene

1.0 ug/l

0.13 mg/l

1,4-Dichlorobenzene

1.0 ug/l

0.005

mg/l

2-Butanone (MEK)

100 ug/l

2-Hexanoone

50 ug/l

4-methyl-2-Pentanone

50 ug/l

Table 2. Sampling Design and Locations

SITE ID

LOCATION

GWWNS#1

DESCRIPTION OF LOCATION

RATIONAL

North side of reservation

Baseline data

GWWNS#2

Approximately 1,300 feet

from northwestern edge of

San Luis Rey River This would

be by Tribal Ballfield

This area is developed with

tribal community homes,

Private enterprises and is

downgradient of wastewater

treatment plant.

To determine if water quality

could be affected by ongoing

practices in wellhead recharge

area. All development in this

area uses underground septic

systems. Baseline data

GWWNS#3

Approximately 850 feet from

northwestern edge of San Luis

Rey river

This area is developed with

tribal community homes,

Private enterprises and is

downgradient of wastewater

treatment plant.

To determine if water quality

could be affected by ongoing

practices in wellhead recharge

area. All development in this

area uses underground septic

systems. Baseline data

GWWPC#1

South side of reservation in

Paradise Creek basin

Baseline data

GWWPC#2

South side of reservation in

Paradise Creek basin

Baseline data

GWWPC#3

Approximately 150 feet from

eastern edge of Paradise

Creek and 300 feet from

southern edge of San Luis Rey

River

This area has minimal

development of tribal homes,

historic practices would have

been mainly agriculture.

To determine if surface

practices influence ground

water. Baseline data

GWWPC#4

Approximately 500 feet from

western edge of Paradise

Creek and 1,150 feet from

southern edge of San Luis Rey

River

This area has minimal

development of tribal homes,

historic practices would have

been mainly agriculture.

To determine if surface

practices influence ground

water. Baseline data

SITE ID

LOCATION

DESCRIPTION OF LOCATION

RATIONAL

SWWRRSLRE

100 feet west eastern

boundary of reservation

San Luis Rey River, eastern

boundary. river enters

reservation from

To determine water quality as

it enters reservation, historical

agriculture activities upstream

Baseline data.

SWWRRSLRC

100 feet downstream of

Paradise Creek / San Luis Rey

River Confluence

This is where Paradise Creek

effluent discharges into the

San Luis Rey River

To determine if Paradise

Creek surface water affects

The San luis Rey River.

Determine water quality after

confluence. Baseline data

SWWRRSLRB

Western side of state hwy

bridge, San Luis Rey river

State highway bridge crosses

San Luis Rey River.

Downgradient of historic

landfill

To determine if surface water

runoff affects the San Luis Rey

River water quality. Baseline

data

SWWRRSLRW

100 feet upgradient of

western boundary

Where San Luis Rey River exits

reservation onto adjacent

property.

To determine water quality as

it leaves reservation. Baseline

data

SWRRPCS

Approximately 1000 feet

downstream of southern

reservation boundary

Uppermost sampling point on

Paradise Creek, reservation

boundary

To determine water quality as

it enters reservation.

Upgradient is horse ranch and

Valley Center community

Baseline data

SWRRPCM

Mid section of paradise creek

This sampling point will be

southeast of fire station at

Mazzetti Road crossing

To determine water quality in

mid section of paradise creek.

Tribal housing and minimal

agriculture area upgradient to

the west. Baseline data

SWRRPCN

100 – 1000 feet upgradient of

San Luis Rey River / Paradise

creek confluence.

This sampling point is to be

located before water is

allowed to enter the San Luis

Rey River

To determine water quality

before it enters The San Luis

Rey River confluence in the

Paradise Creek. Baseline data

Where available data were sufficient to define existing ambient levels of constituents, these levels were used in developing

the numerical objectives for specific water bodies. By utilizing annual mean, 90th percentile values and flow-weighted

values, the objectives are intended to be realistic within the variable conditions imposed by nature. This approach provides

an opportunity to detect changes in water quality as a function of time through comparison of annual means, while still

accommodating variations in the measured constituents. Specific numerical criteria are organized in a tabular format (Table

1).

Table 1. Analytical Parameters and Project Action Limits

General minerals

and physical

parameters

Reference method

Total dissolved

solids

Preparation

Type of analysis

Method

detection

limit

Precision objective

Accuracy objective

Water Quality Objective

/ project action level

None

gravimetric

1.0 mg/l

20%

500 mg/l

0.1 NTU

20%

6.5-8.5 units

Turbidity

EPA 180.1

None

Nephelometric

Epa 180.1

None

Electrode

Boron

EPA 212.3

None

Colormetric

0.1 mg.l

20%

75-125%

Chloride

EPA 300

None

Ion Chematography

0.1 mg/l

20%

75-125%

250 mg/l

Flouride

EPA 300

None

Ion Chematography

0.5 mg/l

20%

75-125%

1.0 mg/l

Ammonia-N

None

Colormetric

0.1 mg/l

20%

75-125%

0.025 mg/l

10 mg/l

Nitrate-N

EPA 300

None

Ion Chematography

0.1 mg/l

20%

75-125%

Phosphate-P

EPA 300

None

Ion Chematography

0.1 mg/l

20%

75-125%

Orthophosphate

EPA 300

None

Sulfate

EPA 300

None

Ion Chematography

0.5 mg/l

20%

75-125%

250 mg/l

Surfectants (MBAS)

EPA 425.1

Chloroform

extraction

Spectrophotometer

0.05 mg/l

20%

75-125%

0.5 mg/l

Total Organic

Carbon

EPA 415.2

Combustion

Infrared Analyzer

0.5 mg/l

20%

75-125%

2.0 mg/l

75-125%

Metals

Reference

method

Preparation

Type of analysis

Method

detection

limit

Precision

objective

Accuracy

objective

Water Quality Objective / project action level

Aluminum

EPA 6010

Nitric Acid

Digestion

Inductively

Coupled

10 ug/l

20 %

75-125%

1.0 mg/l

Arsenic

EPA 6010

Nitric Acid

Digestion

Plasma (ICP)

5 ug/l

20 %

75-125%

0.05

Cadmium

EPA 6010

Nitric Acid

Digestion

ICP

10 ug/l

20 %

75-125%

0.010 mg/l

Chromium

EPA 6010

Nitric Acid

Digestion

ICP

10 ug/l

20 %

75-125%

0.05mg/l

Copper

EPA 6010

Nitric Acid

Digestion

ICP

20 ug/l

20 %

75-125%

1.0 mg/l

Iron

EPA 6010

Nitric Acid

Digestion

ICP

10 ug/l

20 %

75-125%

0.3 mg/l

Lead

EPA 6010

Nitric Acid

Digestion

ICP

5 ug/l

20 %

75-125%

0.05 mg/l

Manganese

EPA 6010

Nitric Acid

Digestion

ICP

10 ug/l

20 %

75-125%

0.05 mg/l

Mercury

EPA 7471

Nitric Acid

Digestion

Cold Vapor AA

0.5 ug/l

20 %

75-125%

0.002 mg/l

Sodium

EPA 6010

Nitric Acid

Digestion

ICP

0.1 mg/l

20 %

75-125%

0.004 mg/l

Selenium

EPA 6010

Nitric Acid

Digestion

ICP

8 ug/l

20 %

75-125%

0.01 mg/l

Other

Parameters

Reference

method

Preparation

Type of analysis

Method

detection

limit

Precision

objective

Accuracy

objective

Water Quality Objective / project action level

Cyanide

EPA335.2

Spectrometric

0.05 mg/l

75-125%

0.2 mg/l

Perchlorate

EPA

M300.0

Ion

Chromatography

0.004 mg/l

75-125%

Total Coliform

SM 8223

None

Multiple Tube

1.1 MPN

<2.2 MPN

Fecal Coliform

SM 8223

None

Multiple Tube

1.1 MPN

<2.2 MPN

Heterotrophoic

Plate Count

SM 8215

None

Plate Count

5.0 CFU

Gross alpha

Activity

EPA 900.0

None

Low Level

3pCi/L

90-110%

15pCi/L

Gross Beta

Activity

EPA 900.0

None

Proportional

4 pCi/L

90-110%

50pCi/L

NMethylcarbamate

Pesticides

Reference

method

Preparation

Type of analysis

Method

detection

limit

Precision

objective

Accuracy

objective

Water Quality Objective / project

action level

Hydroxycarbofuran

EPA 8140

Extraction

Chlorinated

Organics

Gas

Chromatograph

0.35ug/l

50%

40-140%

Aldicarb

0.36ug/l

50%

40-140%

Methomyl

0.52ug/l

30%

50-135%

Propoxur

0.34ug/l

30%

50-135%

Carbofuran

0.75ug/l

0.18mg/l

Carbaryl

0.56ug/l

Methiocarb

0.74ug/l

Thiobencarb

0.07mg/l

Organochlorine

Pesticides

Reference

method

Preparation

Type of analysis

Method

detection limit

Precision objective

Accuracy objective

Water

Quality

Objective /

project

action level

Alpha-BHC

EPA 8080

Extraction of

Chlorinated

Organics

Gas

Chromatograph

0.0013ug/l

Gamma-BHC

0.0016ug/l

38%

41-120%

0.002mg/l

Beta-BHC

0.0034ug/l

Aldrin

0.0037ug/l

Dieldrin

0.0018ug/l

4,4-DDE

0.0086ug/l

4,4-DDD

0.0013ug/l

4,4-DDT

0.029ug/l

49%

41-139%

Endrin

0.0012ug/l

40%

45-125%

0.0002mg/l

EndrinAldehydy

0.0014ug/l

Endrin Ketone

0.0023ug/l

Endosulfan I

0.0046ug/l

Endosulfan II

0.0016ug/l

Endosulfan

Sulfate

0.0015ug/l

Heptachlor

0.0022ug/l

43%

40-126%

0.00001mg/l

Heptachlor

Epoxide

00.13ug/l

Methoxychlor

00.80ug/l

0.04mg/l

Toxaphene

0.88ug/l

0.003mg/l

Reference

method

Preparation

Type of

analysis

Organophosphorus

Pesticides

Method detection

limit

Precision objective

Accuracy objective

Water Quality

Objective / project

action level

Dichlorvos

EPA8140

Extraction of

Chlorinated

Organics

Gas

Chromatograph

0.32ug/l

Mevinphos

0.16ug/l

Ethoprop

0.37ug/l

50%

40-140%

Naled (dibrom)

0.035ug/l

Phorate

0.38ug/l

50%

40-140%

Diazinon

0.33ug/l

Methyl Parathion

0.34ug/l

Ronnel

0.35ug/l

50%

40-140%

Chloropyrifos

0.34ug/l

Bolstar

0.19ug/l

40-140%

50%

Acetone

EPA 624

Low Level Purge

& Trap

Gas Chromatography /

Mass Spectrometer

100 ug/l

( LLPT)

Benzene

0.5ug/l

23%

67-126%

0.001 mg/l

Bromodichloromathane

0.5 ug/l

0.1 mg/l

Bromoform

1.0 ug/l

0.1 mg/l

Bromomethane

10 ug/l

Carbon Disulfide

1.0 ug/l

Carbon Tetrachloride

0.5 ug/l

0.0005 mg/l

Chlorobenzene

1.0 ug/l

23%

74-120%

0.070 mg/l

Chloroethane

5.0 ug/l

Chloroform

1.0 ug/l

Chloromethane

10 ug/l

Ca-1,2-Dichloroethene

1.0 ug/l

0.006 mg/l

Ca-1,3Dichloropropene

0.5 ug/l

0.0005 mg/l

Dibromochloromethane

1.0 ug/l

0.1 mg/l

Dichlorodiflouromethane

0.5 mg/l

30%

68-123%

0.005 mg/l

Ethylbenzene

1.0 ug/l

0.68 mg/l

Methylene Chloride

2.0 ug/

0.005 mg/l

01 mg/l

Styrene

1.0 ug/l

0.1 mg/l

Tetrachloroethene

1.0 ug/l

18 %

80-120%

0.005 mg/l

Toluene

1.0 ug/l

1.0 mg/l

Total Xylenes

1.0 ug/l

1.75 mg/l

Trans-1,2Dichloroethene

1.0 ug/l

0.01 mg/l

Trans-1,3Dichloropropene

0.0005 mg/l

Trichloroethene

1.0 ug/l

0.005 mg/l

Trichloroflouromethane

1.0 ug/l

0.15 mg/l

Trichlorotriflouroethane

1.0 ug/l

1.2 mg/l

Vinyl Chloride

0.5 ug/l

0.0005 mg/l

1,1,1-Trichloroethane

1.0 ug/l

0.200 mg/l

1,1,2-Trichloroethane

1.0 ug/l

0.005 mg/l

1,1,2,2Tetrachloroethane

0.5 ug/l

0.001 mg/l

1,1-Dichloroethane

1.0 ug/l

0.005 mg/l

1,1-Dichloroethene

1.0 ug/l

24%

57-113%

0.006 mg/l

1.2-Dichlorobenzene

1.0 ug/l

0.6 mg/l

1,2-Dichloroethane

0.5 ug/l

0.0005 mg/l

0.5 ug/l

Volatile Organics

Reference

method

Preparation

Type of analysis

1,2-Dichloropropane

EPA 624

Low Level Purge

& Trap

Gas Chromatography /

Mass Spectrometer

Method

detection limit

Precision

objective

Accuracy

objective

Water Quality

Objective / project

action level

1.0 ug/l

0.005 mg/l

( LLPT)

1,3-Dichlorobenzene

1.0 ug/l

0.13 mg/l

1,4-Dichlorobenzene

1.0 ug/l

0.005 mg/l

2-Butanone (MEK)

100 ug/l

2-Hexanoone

50 ug/l

4-methyl-2-Pentanone

50 ug/l

Table 2. Sampling Design and Locations

SITE ID

LOCATION

GWWNS#1

GWWNS#2

Approximately 1,300 feet from

northwestern edge of San Luis Rey

River This would be by Tribal

Ballfield

DESCRIPTION OF LOCATION

RATIONALE

North side of reservation

Baseline data

This area is developed with tribal community

homes, Private enterprises and is downgradient of

wastewater treatment plant.

To determine if water quality could be affected by

ongoing practices in wellhead recharge area. All

development in this area uses underground septic

systems. Baseline data

GWWNS#3

Approximately 850 feet from

northwestern edge of San Luis Rey

river

This area is developed with tribal community

homes, Private enterprises and is downgradient of

wastewater treatment plant.

To determine if water quality could be affected by

ongoing practices in wellhead recharge area. All

development in this area uses underground septic

systems. Baseline data

WATER QUALITY OBJECTIVES-NARRATIVE CRITERIA

The narrative water quality objectives which follow are directed toward protection of surface waters within the Rincon

Reservation.

a. Ammonia

The neutral, unionized ammonia species (NH3°) is highly toxic to freshwater fish. The fraction of toxic NH3° to total

ammonia species (NH4 + + NH3°) is a function of temperature and pH. Tables 2 and 3 were derived from USEPA

ammonia criteria for freshwater. Ammonia concentrations shall not exceed the values listed for the corresponding

conditions in these tables. For temperature and pH values not explicitly in these tables, the most conservative value

neighboring the actual value may be used or criteria can be calculated from numerical formulas developed by the USEPA.

For one-hour (lh-NH3) and four-day (4d-NH3) unionized ammonia criteria, the following equations apply:

b. Bacteria, Coliform

Waters shall not contain concentrations of coliform organisms attributable to anthropogenic sources, including human

and livestock wastes. Based on a statistically sufficient number of

samples (generally not less than 5 samples equally spaced within a 30-day period), the

geometric mean of the E. coli density should not exceed 126 coliform units per 100

mi.

No sample should exceed a one sided confidence limit (C.L.) calculated using the

following as a guidance:

75%C.L.

Designated bathing

82%C.L.

beach Moderate use for

90%C.L.

bathing Light use for

95%C.L.

bathing Infrequent use

for bathing

based on a site-specific log standard deviation, or if site data are insufficient to

establish a log standard deviation, then using 0.4 as the log standard deviation.

c. 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 the water for beneficial uses.

d. Chemical Constituents

Waters designated as MUN shall not contain concentrations of chemical constituents

in excess of the maximum contaminant level (MCL) or secondary maximum

contaminant level (SMCL) based upon drinking water standards specified in the

following provisions: Table 4 (Inorganic Chemicals), Table 5 (Fluoride), Tables 6 and

7 (Organic Chemicals), Table 8 (Secondary Maximum Contaminant Levels-Consumer

Acceptance Limits), and Table 9 (Secondary Maximum Contaminant Levels-Ranges).

Waters designated as AGR shall not contain concentrations of chemical constituents

in amounts that adversely affect the water for beneficial uses.

e. Chlorine, Total Residual

For the protection of aquatic life, total chlorine residual shall not exceed either a

median value of 0.002 mg/L or a maximum value of0.003 mg/L. Median values shall

be based on daily measurements taken within any six-month period.

f. Color

Waters shall be free of coloration that causes nuisance or adversely affects the

water for beneficial uses.

g. Dissolved Oxygen

The dissolved oxygen concentration, as percent saturation, shall not be depressed by

more than 10 percent, nor shall the minimum dissolved oxygen concentration be less

than 10 percent of saturation, the minimum dissolved oxygen concentration shall not be

less than that specified in Table 10.

h. Floating Material

Waters shall not contain floating material, including solids, liquids, foams, and scum,

in concentrations that cause nuisance or adversely affect the water for beneficial

uses. For natural high quality waters, the concentrations of floating material shall not

be altered to the extent that such alterations are discernible at the 10 percent

significance level.

i. 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 the water for beneficial uses.

For natural high quality waters, the concentration of oils, greases, or other film or coat

generating substances shall not be altered.

j. Nondegradation of Aquatic Communities and Populations

All wetlands shall be free from substances attributable to wastewater or other

discharges that produce adverse physiological responses in humans, animals, or

plants; or which lead to the presence of undesirable or nuisance aquatic life. All

wetlands shall be free from activities that would substantially impair the biological

community as it naturally occurs due to physical, chemical and hydrologic

processes.

k. Pesticides

For the purposes of this document, pesticides are defined to include insecticides,

herbicides, rodenticides, fungicides, piscicides and all other economic poisons. An

economic poison is any substance intended to prevent, repel, destroy, or mitigate the

damage from insects, rodents, predatory animals, bacteria, fungi or weeds capable of

infesting or harming vegetation, humans, or animals.

Pesticide concentrations, individually or collectively, shall not exceed the lowest

detectable levels, using the most recent detection procedures available. There shall

not be an increase in pesticide concentrations found in bottom sediments. There

shall be no detectable increase in bioaccumulation of pesticides in aquatic life.

Waters designated as MUN shall not contain concentrations of pesticides or

herbicides in excess of the limiting concentrations specified in Tables 6 and 7

(Organic Chemicals).

1. pH

In waters with designated beneficial uses of MUN or REC , changes in normal

ambient pH levels shall not exceed 0.5 pH units. For all other waters on the

Reservation, the pH shall not be depressed below 6.5 nor raised above 8.5.

m. 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 presents a hazard to human, plant, animal, or aquatic

life. Waters designated as MUN shall not contain concentrations ofradionuclides in

excess of the limits specified in U.S. EPA standards.

n. Sediment

The suspended sediment load and suspended sediment discharge rate of surface waters

shall not be altered in such a manner as to cause nuisance or adversely affect the water

for beneficial uses.

o. Settleable Materials

Waters shall not contain substances in concentrations that result in deposition of material

that causes nuisance or that adversely affects the water for beneficial uses. For natural

high quality waters, the concentration of settleable materials shall not be raised by more

that 0.1 milliliter per liter.

p. Suspended Materials

Waters shall not contain suspended materials in concentrations that cause nuisance or

that adversely affects the water for beneficial uses. For natural high quality waters, the

concentration of total suspended materials shall not be altered to the extent that such

alterations are discernible at the I 0 percent significance level.

q. Taste and Odor

Waters shall not contain taste or odor-producing substances in concentrations that

impart undesirable tastes or odors to fish or other edible products of aquatic origin, that

cause nuisance, or that adversely affect the water for beneficial uses. For naturally high

quality waters, the taste and odor shall not be altered.

r. Temperature

The natural receiving water temperature of all waters shall not be altered unless it

can be demonstrated to the satisfaction of the Rincon Band Tribal Council that such

an alteration in temperature does not adversely affect the water for beneficial uses.

s. 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 and/or other appropriate methods as specified by the Rincon Band Tribal Council.

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 defined in Standard Methods

for the Examination of Water and Wastewater (American Public Health Association, etc.

1992).

The Rincon Band adopts the National Recommended Water Quality Criteria: 2002 for

national priority pollutants and Human Health Criteria (2003), incorporated herein by

reference, and all amendments forthcoming, consistent with Section 303(c)(2)(b) of the

U . S . Clean Water Act.

t. Turbidity

Waters shall be free of changes in turbidity that cause nuisance or adversely affect the

water for beneficial uses. Increases in turbidity shall not exceed natural levels by more

than 10 percent.

RINCON WATER RESOURCES PROTECTION ORDINANCE

Appendix D -- Antidegradation Policy

Discharges which cause violation of the Antidegradation Policy or any narrative or

numerical water quality objective are prohibited. After application of reasonable control

measures, ambient water quality shall conform to the narrative and numerical water quality

objectives included in this document. When other factors result in the degradation of water

quality beyond the limits established by these water quality objectives, human activities

shall not cause further degradation of water quality in either surface or ground waters.

In some cases, the Tribal Council may allow limited degradation of existing water quality to

benefit the Tribe for economic, developmental, or cultural reasons. The conditions upon

which this may be allowed will be fully disclosed by the Tribal Council and will follow an

application process and public participation. The level of water quality to protect existing

beneficial uses shall be fully protected. All reasonable and cost-effective strategies shall be

implemented for nonpoint source releases.

Where the Antidegradation Policy applies, it does not absolutely prohibit any changes in

water quality. The policy requires that any reduction in water quality be consistent with the

three-part test established by the policy, as described below. If it is determined that some

degradation is in the best interest ofthe members of the Rincon Band Tribe, some increase

in pollutant level may be appropriate. However, in no case may such increases cause

adverse impacts to existing or probable future beneficial uses of waters of the Tribe.

a. Part One---Instream Uses

The first part of the test establishes that existing instream water uses and the level of

water quality necessary to protect the existing uses shall be maintained and protected.

Reductions in water quality should not be permitted if the change in water quality would

seriously harm any species found in the water (other than an aberrational species).

Waters of this type are generally referred to as "Tier I" waters.

b. Part Two-Public Interest Balancing

The second part of the test applies where water quality is higher than necessary to

protect existing instream beneficial uses. This part of the test allows reductions in water

quality if the Tribe finds "that allowing lower water quality is necessary to

accommodate important economic or social development in the area in which the waters

are located" and existing beneficial uses are protected. Waters of this type are generally

referred to as "Tier II" waters.

c. Part Three--Outstanding National Resource Waters (ONRWs)

The third part of the test requires that the water quality of the waters which constitute an

outstanding national resource be maintained and protected. No permanent or long-term

reduction in water quality is allowable in areas given special protection as Outstanding

National Resource Waters (48 Fed. Reg. 51402). Waters which potentially could qualify

for ONRW designation are generally classified as "Tier III" waters.

Examples of such waters include, but are not limited to, waters of National and State

Parks and wildlife refuges, waters of exceptional recreational or ecological significance,

and state and federally designated wild and scenic rivers.

d. Implementation

Any one or a number of activities may trigger the Antidegradation Policy analysis.

Activities may include a scheduled water quality standards review, issuance of

NPDES permits, or development activity.

If the Antidegradation Policy is triggered, public participation is required and

opportunity for comment must be given. This can be done by holding a public

meeting, filing public notice, and/or allowing opportunity for the public to request a

hearing.

e. Actions and Determinations needed to conduct an Antidegradation review

If a proposed action has the possibility to adversely affect the water quality of Rincon

Band Creek, an application must be filed with the RED. The application must describe

the action proposed and its effects on Reservation waters, how this information was

derived, and a justification for the action. Upon satisfying these requirements, the RED

will recommend or not recommend this proposal to be considered by the Tribal Council.

Tribal Council will make a determination whether to consider the proposal further. If the

Tribal Council wishes to consider the application further, the public participation process

will take place. The Tribal Council has the sole authority in permitting degradation to

w a t e r s o f t h e R i n c on R e s e r v a t i o n . If the Tribal Council makes the decision to

allow degradation, they will submit their decision to the U.S. EPA for review and

approval.

VIII. POLICIES FOR IMPLEMENTATION

a. Control Actions under Rincon Band Authority for Point and Nonpoint Sources

It is within the discretion of the Rincon Band Tribal Council to establish direction on

compliance with Tribal water quality standards. Control measures implemented by the

Rincon Band Tribal Council must provide for the attainment of beneficial uses and water

quality objectives as established herein. The Rincon Band Tribal Council regulates the

sources of water quality related problems which could result in actual or potential

impairments of beneficial uses or degradation of water quality.

The Rincon Band Tribal Council can regulate both point and nonpoint source discharge

activities within the Reservation boundaries. A point source discharge generally originates

from a single, identifiable source, while a nonpoint source discharge comes from diffuse

sources. To regulate the point and nonpoint sources, control actions are required for

effective water quality protection and management. Such control actions are set forth for

implementation by the Rincon Band Tribal Council and specific measures for nonpoint

sources are addressed in the Tribe's Nonpoint Source Management Plan.

To prevent water quality problems, waste discharge restrictions are often used.

The waste discharge restrictions can be implemented through Water Quality

Certification, National Pollutant Discharge Elimination System (NPDES) permits,

waste discharge requirements/permits (WDRs), discharge prohibitions,

enforcement actions, special designations, and/or "Best Management Practices"

(BMPs). Generally, WDRs and NPDES permits are used to regulate point sources

of waste, with BMPs used to control nonpoint sources of waste.

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.