SWC Rules, Chapter B

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Text

As Approved March 13, 1998

Part 12. Water Quality Standards for Surface Waters

Section 12.1 Scope of This Part

Section 12.2 Designated Uses

(a) Use Classifications.

(b) Classification of Reservation Surface Waters.

Section 12.3 Water Quality Criteria

(a) Narrative Standards for All Reservation Surface Waters.

(b) Additional Narrative Criteria for Class 2-A Waters.

Section 12.4 Review and Revision of Standards

Section 12.5 Antidegradation Policy

Section 12.6 Methods and Procedures

Section 12.7 Mixing Zone Policy

Section 12.8 Variance Policy

[Authority: This Part is based on Subtitle B of the Tribal Water Code and

the Clean Water Act. Water quality standards provisions are applicable for

CWA purposes only after adoption by the Tribal Council and approval by

EPA. Other provisions applicable to a waterbody under Tribal law, and not

intended to be applicable for CWA purposes, are effective upon adoption by

the Tribal Council.]

Section 12.1 Scope of This Part

This Part of the Commission's rules establishes water quality standards for all

Reservation surface waters specified in Section 11.2 of the preceding Chapter.

- Part 12 - Page 1 -

SWC Rules, Chapter B

As Approved March 13, 1998

Section 12.2 Designated Uses

The Tribal Water Quality Code directs the Commission to establish designated

uses for all water bodies within the Tribe's Reservations. The first step in establishing

designated uses is to establish classes of uses. The second step is to apply the

classification system by assigning each water body a designated use. The Commission

may decide to divide a body of water into segments and assign different use

classifications to different segments.

(a)

Use Classifications.

(1) Classes. The Commission has classified all Reservation surface waters

according to the following designated uses:

Class 1. Potable water supply.

Class 2.

Protection, propagation and harvesting of fish and wildlife;

maintenance of a well-balanced population of fish and wildlife;

recreation in and on the water. Class 2 waters are further

classified according to the sub-classes listed in paragraph (2)

below.

Class 3.

Agricultural purposes.

(2) Sub-Classes. Class 2 waters are further classified according to the

following sub-classes:

Sub-Class 2-A. Cultural and Religious Significance. Protection of specific

waterbodies that are important for ceremonial and religious uses (as these

terms are defined in Section 11.5 of this Chapter).

Sub-Class 2-B. General Purpose Class 2.

Protection, propagation and harvesting of fish and wildlife; maintenance of a

well-balanced population of fish and wildlife; recreation in and on the water.

Sub-Class 2-C. Artificial Conveyances; Water Resource Areas, Irrigation

Cells and Pasture Runoff Collection and Transportation Systems.

- Part 12 - Page 2 -

SWC Rules, Chapter B

As Approved March 13, 1998

Protection, propagation and harvesting of fish and wildlife that is tolerant of

nutrients and other pollutants.

(3) Inclusive Nature of Designated Use Classes. Classification of a

waterbody for a particular designated use does not mean that the waterbody may not be

used for other purposes as well. Water quality classifications are arranged in order of the

degree of protection required, with Class 1 generally having the most stringent water

quality criteria and Class 3 the least stringent. For any waterbody designated Class 3, the

Tribe will be required to conduct a use attainability analysis (UAA) pursuant to 40 CFR §

131.10 (j). Water quality criteria that apply to a class of surface waters are designed to

maintain the minimum conditions necessary to assure that a waterbody is suitable for its

designated use, and these criteria are generally adequate to maintain the conditions

required for designated uses of less stringently regulated classifications. Therefore,

designated uses of less stringently regulated classifications are generally deemed to be

included in the designated uses of more stringently regulated classifications. For

example, a waterbody designated Class 2 may be used as a source of supply for

agricultural purposes.

(b) Classification of Reservation Surface Waters.

Except as otherwise provided in this section, all Reservation surface waters on the

Big Cypress and Brighton Reservations are designated Class 2-B. All canals managed

by the South Florida Water Management District are also expressly designated Class

2-B, unless specifically designated Class 2-C below. Exceptions to the general

designation of surface waters as Class 2-B follow:

(1) Class 2-A -- Cultural or Religious Waters. The following specifically

identified waters are designated Class 2-A waters:

Big Cypress Reservation

[No waters have been so designated at this time. When such waters are

designated, appropriate baseline conditions shall be established.]

Brighton Reservation

[No waters have been so designated at this time. When such waters are

designated, appropriate baseline conditions shall be established.]

(2) Class 2-C -- Artificial Conveyances and pasture runoff collection

- Part 12 - Page 3 -

SWC Rules, Chapter B

As Approved March 13, 1998

and transportation systems. All wholly artificial (man-made) canals and ditches

that convey surface water from lands (including farms, pastures and citrus groves)

to canals that are managed by the South Florida Water Management District are

designated Class 2-C waters, except for any artificial ditches or canals that are

specifically listed below as Class 3. This designation applies whether such canals

or ditches discharge directly into the District's canals or whether they discharge

into a component of the Tribe's surface water system for that Reservation.

The following artificial conveyances on the Reservation are designated Class 2-C:

Big Cypress Reservation

-Water control system W-1

-Water control system W-2

-Water control system W-3

-Water control system W-4

-Water control system W-5

-Water control system W-6

-Water control system E-1

-Water control system E-2

-Water control system E-3

-Water control system E-4

-Water control system E-5

-Water control system E-6

Brighton Reservation

A Group

-Ditch A-1

-Ditch A-2

-Ditch A-3

-Ditch A-4

-Ditch A-5

-Ditch A-6

B Group

-Ditch B-1

-Ditch B-2

-Ditch B-3

-Ditch B-4

- Part 12 - Page 4 -

SWC Rules, Chapter B

As Approved March 13, 1998

-Ditch B-5

-Ditch B-6

-Ditch B-7

-Ditch B-8

-Ditch B-9

-Ditch B-10

C Group

-Ditch C-1

-Ditch C-2

D Group

-Ditch D-2

-Ditch D-3

-Ditch D-4

-Ditch D-5

-Ditch D-6

-Ditch D-7

-Ditch D-8

-Ditch D-9

-Ditch D-10

-Ditch D-11 (Tannerhill Meanderline Ditch)

E Group

-Ditch E-1

-Ditch E-2

Mose Canal

Old Harney Pond Oxbow (from Russ & Sunni's to the Triangle)

Hwy 721 community drainage ditch

- Part 12 - Page 5 -

SWC Rules, Chapter B

As Approved March 13, 1998

(3)

Class 2-C -- Water Resource Areas and Irrigation Cells.

Big Cypress Reservation

Water resource areas and irrigation cells (defined in Section 11.5 and

components of the Tribe's Water Conservation System Conceptual Plan for the Big

Cypress Reservation) are designated Class 2-C. Additionally, isolated wetlands that

are not components of the Conceptual Plan are also designated Class 2-C.

Brighton Reservation

Not Applicable

(4)

Class 3 -- Agricultural Purposes. The following wholly artificial

(man-made) canals, pits or ditches are designated as Class 3 waters:

Big Cypress and Brighton Reservations

-Borrow pits

-Livestock watering ponds

-Field ditches

-Rim ditches

-Spreader swales

-Highway swales

(1)

Any person who is subject to these rules may seek reclassification

of Reservation surface waters by filing a petition with the Commission. The Department

may develop a form for use in any such petition. Any petition for reclassification shall

be accompanied by the information necessary for the Commission to make the

affirmative finding described in paragraph (3) below.

(2)

The Commission will consider any petition for reclassification at a

regularly scheduled meeting of the Commission. The Commission may decide not to

take any action in response to a petition. If it determines that there is merit in a petition,

- Part 12 - Page 6 -

SWC Rules, Chapter B

As Approved March 13, 1998

the Commission may decide to initiate changes to its rules. The Commission may not

reclassify water(s) based only on a petition, but, rather, to reclassify water(s) the

Commission must comply with the procedural requirements of the Tribal Water Quality

Code and the provisions of the Clean Water Act. To initiate such changes, the

Commission may direct the Department to incorporate the proposed reclassification in

the next triennial review of the Tribe's water quality standards, pursuant to section 12.4

below, or the Commission may ask the Department to prepare proposed amendments

to its rules to address only those issues raised in the petition. In any case in which the

proposed rule changes affect only one of the Tribe's Reservations, a community

meeting need be held on only that Reservation.

(3)

In addition to receiving petitions from the affected public, the

Commission, at any time, may act on its own initiative, or on the recommendation of the

Director, to amend its rules to reclassify certain waters.

(4)

Before initiating a rule change to reclassify water(s), the

Commission must make a determination that the proposed reclassification: (a) would

establish the most beneficial use of the particular water(s); (b) would serve the interests

of the Tribe and the affected Reservation community; (c) would be attainable; (d) would

ensure attainment and maintenance of the water quality standards of downstream

waterbodies, and; (e) in situations where a designated use is being replaced with a use

supported by less stringent criteria, adheres to the conditions set forth in 40 CFR §

131.10 (g) and (h). Further, in reclassifying water(s), the Commission will include any

existing uses not previously recognized in the list of designated uses.

SECTION 12.3 WATER QUALITY CRITERIA

(a)

Narrative Standards for All Reservation Surface Waters.

All Reservation surface waters, including those within mixing zones, shall be free

from substances attributable to wastewater discharges or other pollutant sources that:

(1)

Settle to form objectionable deposits;

(2)

Float as debris, scum, oil, or other matter forming nuisances;

(3)

Produce objectionable color, odor, taste, or turbidity;

(4)

Cause injury to, or are chronically toxic to, or produce adverse

- Part 12 - Page 7 -

SWC Rules, Chapter B

As Approved March 13, 1998

physiological responses in humans, wildlife, plants or fish and other

aquatic life; or

(5)

Are unsuitable for aquatic life propagation and maintenance and,

where attainable, support balanced indigenous populations of

aquatic life.

(b) Additional Narrative Criteria for Class 2-A Waters.

In addition to the narrative criteria set forth in paragraph (a) above and the

numeric criteria for Class 2-B waters found in Table 12, all Reservation surface waters

designated Class 2-A shall be free from activities and substances attributable to

wastewater discharges or other pollutant sources that:

(1)

Disturb, injure or in any way jeopardize the continued existence of

the unique diverse plant and wildlife used in the religious

ceremonies and customs of the Tribe; or

(2)

Impair the biological community as it naturally occurs in the

designated area due to physical, chemical or hydrologic changes.

The Commission has determined that the interests of the Tribe would be

adequately served by adopting numeric criteria based on criteria that have been

adopted by the State of Florida with guidance by EPA. The State of Florida has

adopted numeric criteria for 72 pollutant parameters, which are set out in a table in

section 62-302.530 of the Florida Administrative Code. The Commission finds that

these criteria, which have been approved by EPA, are based on defensible scientific

methodologies and are (in most instances) based on federal guidelines. The

Department has prepared Table 12 (immediately following this paragraph) which sets

out numeric criteria for pollutant parameters based primarily on these criteria. Except

as otherwise specifically provided in these rules or in the notes accompanying Table 12,

the Commission hereby approves these numeric criteria as applicable to Reservation

surface waters for the corresponding classes of designated uses.

- Part 12 - Page 8 -

TABLE 12

Criteria for all Reservation Surface Waters on the

Big Cypress and Brighton Reservations

PARAMETER

UNITS

*PP

**C

Class I:

Potable Water

Supply

Class II: Recreation, Propagation and

Maintenance of a Healthy, Well-Balanced

Population of Fish and Wildlife

SUBSUBSUBCLASS

CLASS

2-A

2-C

2-B

Class III:

Agricultural

Purposes

See Section

12.3 (a) & (b)

of this Part.

1. Alkalinity

mg/L as

CaCO3

2. Aluminum

µg/L

3. Ammonia

(un-ionized)

mg/L as NH3

4. Antimony

µg/L

5.a. Arsenic

(total)

µg/L

5.b. Arsenic

µg/L measured

Shall not be

depressed below 20

Shall not be depressed

below 20

<87

<600

<87

See EPA tables of ambient

water quality criteria

document for Ammonia,

EPA 822-R-99-014

See EPA tables of

ambient water quality

criteria document for

Ammonia, EPA822R-99-014

5.6

<10

640

<10

150

<10

150

Notes: (1) "*PP" means priority pollutant; (2) "**C" means Carcinogen; (3) "Annual avg" means the maximum

concentration at average annual flow conditions measured and represented as a 12 month moving average; (4)

"Max" means the maximum not to be exceeded at any time; (5) "ln H" means the natural logarithm of total hardness

expressed as milligrams/L of CaCO3. For metals criteria involving equations with hardness, the hardness shall be set

at 25 mg/L if actual hardness is <25 mg/L and set at 400 mg/L if actual hardness is >400 mg/L; (6) Criteria are

protective of human health not of aquatic life.

PARAMETER

UNITS

*PP

**C

Class I:

Potable Water

Supply

Class II: Recreation, Propagation and

Maintenance of a Healthy, Well-Balanced

Population of Fish and Wildlife

SUBSUBSUBCLASS

CLASS

2-A

2-C

2-B

Class III:

Agricultural

Purposes

See Section

12.3 (a) & (b)

of this Part.

(trivalent)

as total

recoverable

Arsenic

Bacteriological

Quality (Fecal

Coliform

Bacteria)

Number per

100 ml (Most

Probable

Number (MPN)

or Membrane

Filter (MF))

MPN or MF counts

shall not exceed a

monthly average of

200, nor exceed 400

in 10% of the

samples, nor exceed

800 on any one day.

Monthly averages

shall be expressed

as geometric means

based on a minimum

of 5 samples taken

over a 30 day period.

MPN or MF counts shall not

exceed a monthly average of

200, nor exceed 400 in 10%

of the samples, nor exceed

800 on any one day.

Monthly averages shall be

expressed as geometric

means based on a minimum

of 5 samples taken over a 30

day period.

7. Benzene

µg/L

2.2

51 annual avg. 51 annual

Notes: (1) "*PP" means priority pollutant; (2) "**C" means Carcinogen; (3) "Annual avg" means the maximum

concentration at average annual flow conditions measured and represented as a 12 month moving average; (4)

"Max" means the maximum not to be exceeded at any time; (5) "ln H" means the natural logarithm of total hardness

expressed as milligrams/L of CaCO3. For metals criteria involving equations with hardness, the hardness shall be set

at 25 mg/L if actual hardness is <25 mg/L and set at 400 mg/L if actual hardness is >400 mg/L; (6) Criteria are

protective of human health not of aquatic life.

PARAMETER

UNITS

*PP

**C

Class I:

Potable Water

Supply

Class II: Recreation, Propagation and

Maintenance of a Healthy, Well-Balanced

Population of Fish and Wildlife

SUBSUBSUBCLASS

CLASS

2-A

2-C

2-B

See Section

12.3 (a) & (b)

of this Part.

8. Biological

Integrity

Percent

reduction of

ShannonWeaver

Diversity Index

The Index for benthic

macroinvertebrates

shall not be reduced

to less than 75% of

background levels as

measured using

organisms retained

by a U.S. Standard

No. 30 sieve and

collected and

composited from a

minimum of three

Hester-Dendy type

artificial substrate

samplers of 0.10 to

0.15 m² area each,

incubated for a

Class III:

Agricultural

Purposes

avg.

The Index for benthic

macroinvertebrates shall not

be reduced to less than 75%

of background levels as

measured using organisms

retained by a U.S. Standard

No. 30 sieve and collected

and composited from a

minimum of three HesterDendy type artificial

substrate samplers of 0.10

to 0.15 m² area each,

incubated for a period of four

weeks.

Notes: (1) "*PP" means priority pollutant; (2) "**C" means Carcinogen; (3) "Annual avg" means the maximum

concentration at average annual flow conditions measured and represented as a 12 month moving average; (4)

"Max" means the maximum not to be exceeded at any time; (5) "ln H" means the natural logarithm of total hardness

expressed as milligrams/L of CaCO3. For metals criteria involving equations with hardness, the hardness shall be set

at 25 mg/L if actual hardness is <25 mg/L and set at 400 mg/L if actual hardness is >400 mg/L; (6) Criteria are

protective of human health not of aquatic life.

PARAMETER

UNITS

*PP

**C

Class I:

Potable Water

Supply

period of four weeks.

9. BOD

(Biochemical

Oxygen

Demand)

N/A

10. Boron

mg/L

11. Cadmium

See Note (5)

µg/L

Shall not be

increased to exceed

values which would

cause dissolved

oxygen to be

depressed below the

limit established for

each class and, in no

case, shall it be great

enough to produce

nuisance conditions.

Class II: Recreation, Propagation and

Maintenance of a Healthy, Well-Balanced

Population of Fish and Wildlife

SUBSUBSUBCLASS

CLASS

2-A

2-C

2-B

Class III:

Agricultural

Purposes

See Section

12.3 (a) & (b)

of this Part.

Shall not be increased to exceed values

which would cause dissolved oxygen to be

depressed below the limit established for

each class and, in no case, shall it be great

enough to produce nuisance conditions.

0.75

exp(0.7409[InH]4.719).

exp(0.7409[In

H]-4.719)..

exp(0.7409[

InH]4.719)..

exp(0.7409[

InH]4.719)..

Notes: (1) "*PP" means priority pollutant; (2) "**C" means Carcinogen; (3) "Annual avg" means the maximum

concentration at average annual flow conditions measured and represented as a 12 month moving average; (4)

"Max" means the maximum not to be exceeded at any time; (5) "ln H" means the natural logarithm of total hardness

expressed as milligrams/L of CaCO3. For metals criteria involving equations with hardness, the hardness shall be set

at 25 mg/L if actual hardness is <25 mg/L and set at 400 mg/L if actual hardness is >400 mg/L; (6) Criteria are

protective of human health not of aquatic life.

PARAMETER

UNITS

*PP

**C

Class I:

Potable Water

Supply

Class II: Recreation, Propagation and

Maintenance of a Healthy, Well-Balanced

Population of Fish and Wildlife

SUBSUBSUBCLASS

CLASS

2-A

2-C

2-B

Class III:

Agricultural

Purposes

See Section

12.3 (a) & (b)

of this Part.

12. Carbon

tetrachloride

µg/L

0.23 annual avg; 3.0

max

1.6 annual

avg.

1.6 annual

avg.

13. Chlorides

mg/L

250

<230

14. Chlorine

(total residual)

mg/L

0.01

15. a.

Chromium

(trivalent)

See Note (5)

µg/L measured

as total

recoverable

Chromium

Cr(III)exp(0.819

[lnH]+ 0.6848).

Cr(III)exp(0.81

9 [lnH]+

0.6848).

Cr(III)exp(0.

819 [lnH]+

0.6848).

Cr(III)exp(0.

819 [lnH]+

0.6848).

15. b.

Chromium

(hexavalent)

µg/L

<11

16. Color, etc.

(see also

Minimum

Color, odor,

and taste

producing

Free from color,

odor, and taste

producing

Free from

color, odor,

and taste

Free from

color, odor,

and taste

Only such

amounts as

will not

Notes: (1) "*PP" means priority pollutant; (2) "**C" means Carcinogen; (3) "Annual avg" means the maximum

concentration at average annual flow conditions measured and represented as a 12 month moving average; (4)

"Max" means the maximum not to be exceeded at any time; (5) "ln H" means the natural logarithm of total hardness

expressed as milligrams/L of CaCO3. For metals criteria involving equations with hardness, the hardness shall be set

at 25 mg/L if actual hardness is <25 mg/L and set at 400 mg/L if actual hardness is >400 mg/L; (6) Criteria are

protective of human health not of aquatic life.

PARAMETER

UNITS

Criteria, Odor,

Phenols, etc.)

substances

and other

deleterious

substances,

including other

chemical

compounds

attributable to

domestic

wastes,

industrial

wastes and

other wastes.

17.

Micromhos

*PP

**C

Class I:

Potable Water

Supply

substances and

other deleterious

substances,

including other

chemical compounds

attributable to

domestic wastes,

industrial wastes and

other wastes.

Shall not be

Class II: Recreation, Propagation and

Maintenance of a Healthy, Well-Balanced

Population of Fish and Wildlife

SUBSUBSUBCLASS

CLASS

2-A

2-C

2-B

Class III:

Agricultural

Purposes

producing

substances

and other

deleterious

substances,

including other

chemical

compounds

attributable to

domestic

wastes,

industrial

wastes and

other wastes.

render the

waters

unsuitable

for

agricultural

irrigation,

livestock

watering,

industrial

cooling,

industrial

process

water

supply

purposes,

or fish

survival.

See Section

12.3 (a) & (b)

of this Part.

producing

substances

and other

deleterious

substances,

including

other

chemical

compounds

attributable

to domestic

wastes,

industrial

wastes and

other

wastes.

Shall not be increased more

Notes: (1) "*PP" means priority pollutant; (2) "**C" means Carcinogen; (3) "Annual avg" means the maximum

concentration at average annual flow conditions measured and represented as a 12 month moving average; (4)

"Max" means the maximum not to be exceeded at any time; (5) "ln H" means the natural logarithm of total hardness

expressed as milligrams/L of CaCO3. For metals criteria involving equations with hardness, the hardness shall be set

at 25 mg/L if actual hardness is <25 mg/L and set at 400 mg/L if actual hardness is >400 mg/L; (6) Criteria are

protective of human health not of aquatic life.

PARAMETER

UNITS

*PP

**C

Class I:

Potable Water

Supply

increased more than

50% above

background or to

1275, whichever is

greater.

Class II: Recreation, Propagation and

Maintenance of a Healthy, Well-Balanced

Population of Fish and Wildlife

SUBSUBSUBCLASS

CLASS

2-A

2-C

2-B

Class III:

Agricultural

Purposes

than 50% above background

or to 1275 whichever is

greater.

Shall not be

increased

more than

50% above

background

or to 1275,

whichever

is greater

See Section

12.3 (a) & (b)

of this Part.

Conductance,

Specific

(at 25

degrees

Celsius)

/cm

18. Copper

See Note (5)

µg/L

Cu exp(0.8545[lnH]1.702).

exp(0.8545[ln

H]- 1.702).

exp(0.8545[

lnH]- 1.702)

exp(0.8545[

InH]-1.702)

19. Cyanide

µg/L

5.2

20. Detergents

mg/L

0.5

21. 1,1Dichloroethyle

ne (1,1- Di-

µg/L

330 annual avg.

7100 annual

avg.

7100

annual avg.

Notes: (1) "*PP" means priority pollutant; (2) "**C" means Carcinogen; (3) "Annual avg" means the maximum

concentration at average annual flow conditions measured and represented as a 12 month moving average; (4)

"Max" means the maximum not to be exceeded at any time; (5) "ln H" means the natural logarithm of total hardness

expressed as milligrams/L of CaCO3. For metals criteria involving equations with hardness, the hardness shall be set

at 25 mg/L if actual hardness is <25 mg/L and set at 400 mg/L if actual hardness is >400 mg/L; (6) Criteria are

protective of human health not of aquatic life.

PARAMETER

UNITS

*PP

**C

Class I:

Potable Water

Supply

Class II: Recreation, Propagation and

Maintenance of a Healthy, Well-Balanced

Population of Fish and Wildlife

SUBSUBSUBCLASS

CLASS

2-A

2-C

2-B

Class III:

Agricultural

Purposes

See Section

12.3 (a) & (b)

of this Part.

chloroethene)

22.

Dichlorometha

ne (methylene

chloride)

µg/L

4.65 annual avg.

590 annual

avg.

590 annual

avg.

23. 2,4Dinitrotoluene

µg/L

0.11 annual avg.

3.4 annual

avg.

3.4 annual

avg.

24. Dioxin

(2,3,7,8 TCDD)

µg/L

5E-09

5.1E-09

4 5.1E-09

25. Dissolved

Oxygen

(DO)

mg/L

Shall not be less

than 5.0. DO values

can be lower if

caused by natural

conditions. Normal

daily and seasonal

Shall not

average less

than 5.0 in a

24-hour

period. DO

values can be

Shall not

average

less than

5.0 in a 24hour period.

DO values

Shall not

average

less than

5.0 in a 24hour period.

DO values

Notes: (1) "*PP" means priority pollutant; (2) "**C" means Carcinogen; (3) "Annual avg" means the maximum

concentration at average annual flow conditions measured and represented as a 12 month moving average; (4)

"Max" means the maximum not to be exceeded at any time; (5) "ln H" means the natural logarithm of total hardness

expressed as milligrams/L of CaCO3. For metals criteria involving equations with hardness, the hardness shall be set

at 25 mg/L if actual hardness is <25 mg/L and set at 400 mg/L if actual hardness is >400 mg/L; (6) Criteria are

protective of human health not of aquatic life.

PARAMETER

UNITS

*PP

**C

Class I:

Potable Water

Supply

fluctuations above

these levels shall be

maintained.

26. Dissolved

Solids

mg/L

500 as a monthly

avg.; 1,000 max.

27. Fluorides

mg/L

1.5

Class II: Recreation, Propagation and

Maintenance of a Healthy, Well-Balanced

Population of Fish and Wildlife

SUBSUBSUBCLASS

CLASS

2-A

2-C

2-B

Class III:

Agricultural

Purposes

lower if

caused by

natural

conditions.

Normal daily

and seasonal

fluctuations

above these

levels shall be

maintained.

can be

lower if

caused by

natural

conditions.

Normal

daily and

seasonal

fluctuations

above

these levels

shall be

maintained.

can be

lower if

caused by

natural

conditions.

Normal

daily and

seasonal

fluctuations

above

these levels

shall be

maintained.

10.0

See Section

12.3 (a) & (b)

of this Part.

28. "Free

Notes: (1) "*PP" means priority pollutant; (2) "**C" means Carcinogen; (3) "Annual avg" means the maximum

concentration at average annual flow conditions measured and represented as a 12 month moving average; (4)

"Max" means the maximum not to be exceeded at any time; (5) "ln H" means the natural logarithm of total hardness

expressed as milligrams/L of CaCO3. For metals criteria involving equations with hardness, the hardness shall be set

at 25 mg/L if actual hardness is <25 mg/L and set at 400 mg/L if actual hardness is >400 mg/L; (6) Criteria are

protective of human health not of aquatic life.

PARAMETER

UNITS

*PP

**C

Class I:

Potable Water

Supply

Class II: Recreation, Propagation and

Maintenance of a Healthy, Well-Balanced

Population of Fish and Wildlife

SUBSUBSUBCLASS

CLASS

2-A

2-C

2-B

Class III:

Agricultural

Purposes

See Section

12.3 (a) & (b)

of this Part.

Froms"

(see minimum

criteria in

section 12.3 of

this Part)

29.

Halomethanes

µg/L

30. a.

Bromoform

µg/L

4.3

140

30. b.

Chlorodibromo

methane

µg/L

0.41

30. c.

Chloroform

µg/L

5.7

470

30. d.

Dichlorobro-

µg/L

0.55

Notes: (1) "*PP" means priority pollutant; (2) "**C" means Carcinogen; (3) "Annual avg" means the maximum

concentration at average annual flow conditions measured and represented as a 12 month moving average; (4)

"Max" means the maximum not to be exceeded at any time; (5) "ln H" means the natural logarithm of total hardness

expressed as milligrams/L of CaCO3. For metals criteria involving equations with hardness, the hardness shall be set

at 25 mg/L if actual hardness is <25 mg/L and set at 400 mg/L if actual hardness is >400 mg/L; (6) Criteria are

protective of human health not of aquatic life.

PARAMETER

UNITS

*PP

**C

Class I:

Potable Water

Supply

Class II: Recreation, Propagation and

Maintenance of a Healthy, Well-Balanced

Population of Fish and Wildlife

SUBSUBSUBCLASS

CLASS

2-A

2-C

2-B

Class III:

Agricultural

Purposes

See Section

12.3 (a) & (b)

of this Part.

momethane

30. e. Methyl

Bromide

µg/L

1500

30. f.

Dichlorodifluoromethane

µg/L

6,900

570,000

31.

Hexachlorobutadiene

µg/L

.44

µg/L

Pbexp(1.273[I

nH]-4.705).

Pbexp(1.27

3[InH]4.705).

32. Imbalance

(see Nutrients)

33. Lead

See Note (5)

Pbexp(1.273[InH]4.705).

Pbexp(1.27

3[InH]4.705).

Notes: (1) "*PP" means priority pollutant; (2) "**C" means Carcinogen; (3) "Annual avg" means the maximum

concentration at average annual flow conditions measured and represented as a 12 month moving average; (4)

"Max" means the maximum not to be exceeded at any time; (5) "ln H" means the natural logarithm of total hardness

expressed as milligrams/L of CaCO3. For metals criteria involving equations with hardness, the hardness shall be set

at 25 mg/L if actual hardness is <25 mg/L and set at 400 mg/L if actual hardness is >400 mg/L; (6) Criteria are

protective of human health not of aquatic life.

PARAMETER

UNITS

*PP

**C

Class I:

Potable Water

Supply

34. Mercury

µg/L

0.012

35. Nickel

See Note (5)

µg/L

36. Nitrate

mg/L

37. Nuisance

Species

N/A

Class II: Recreation, Propagation and

Maintenance of a Healthy, Well-Balanced

Population of Fish and Wildlife

SUBSUBSUBCLASS

CLASS

2-A

2-C

2-B

See Section

12.3 (a) & (b)

of this Part.

Class III:

Agricultural

Purposes

0.012

0.2

Niexp(0.846[lnH]+

0.0584).

Niexp(0.846[ln

H]+0.0584).

Niexp(0.846 exp(0.846[I

[lnH]+

nH]+

0.0584).

0.0584)

Shall not be found in

concentrations which cause

an imbalance in natural

populations of aquatic flora

or fauna.

Substances in

concentrations which

result in the

dominance of

nuisance species:

none shall be

present.

Substances in concentrations which result

in the dominance of nuisance species:

none shall be present.

Notes: (1) "*PP" means priority pollutant; (2) "**C" means Carcinogen; (3) "Annual avg" means the maximum

concentration at average annual flow conditions measured and represented as a 12 month moving average; (4)

"Max" means the maximum not to be exceeded at any time; (5) "ln H" means the natural logarithm of total hardness

expressed as milligrams/L of CaCO3. For metals criteria involving equations with hardness, the hardness shall be set

at 25 mg/L if actual hardness is <25 mg/L and set at 400 mg/L if actual hardness is >400 mg/L; (6) Criteria are

protective of human health not of aquatic life.

PARAMETER

UNITS

*PP

**C

Class I:

Potable Water

Supply

38. (a)

Nutrients

N/A

The discharge of

nutrients shall

continue to be limited

as needed to prevent

violations of other

standards contained

in this chapter or

other applicable

Water Quality

Standards imposed

by law.

38. (b)

Nutrients

N/A

In no case shall

nutrient

concentrations of a

body of water be

altered so as to

cause an imbalance

in natural populations

Class II: Recreation, Propagation and

Maintenance of a Healthy, Well-Balanced

Population of Fish and Wildlife

SUBSUBSUBCLASS

CLASS

2-A

2-C

2-B

See Section

12.3 (a) & (b)

of this Part.

Class III:

Agricultural

Purposes

The discharge of nutrients shall continue to

be limited as needed to prevent violations

of other standards contained in this chapter

or other applicable Water Quality

Standards imposed by law.

In no case shall nutrient concentrations of

a body of water be altered so as to cause

an imbalance in natural populations of

aquatic flora or fauna.

Notes: (1) "*PP" means priority pollutant; (2) "**C" means Carcinogen; (3) "Annual avg" means the maximum

concentration at average annual flow conditions measured and represented as a 12 month moving average; (4)

"Max" means the maximum not to be exceeded at any time; (5) "ln H" means the natural logarithm of total hardness

expressed as milligrams/L of CaCO3. For metals criteria involving equations with hardness, the hardness shall be set

at 25 mg/L if actual hardness is <25 mg/L and set at 400 mg/L if actual hardness is >400 mg/L; (6) Criteria are

protective of human health not of aquatic life.

PARAMETER

UNITS

*PP

**C

Class I:

Potable Water

Supply

of aquatic flora or

fauna.

Class II: Recreation, Propagation and

Maintenance of a Healthy, Well-Balanced

Population of Fish and Wildlife

SUBSUBSUBCLASS

CLASS

2-A

2-C

2-B

Class III:

Agricultural

Purposes

Dissolved

emulsified

oils and

greases

shall not

exceed 5.0

See Section

12.3 (a) & (b)

of this Part.

39. (a) Oils

and Greases

mg/L

Dissolved or

emulsified oils and

greases shall not

exceed 5.0

Dissolved or

emulsified oils

and greases

shall not

exceed 5.0

Dissolved

emulsified

oils and

greases

shall not

exceed 5.0

39. (b) Oils

and Greases

mg/L

No undissolved oil, or

visible oil defined as

iridescence, shall be

present so as to

cause taste or odor,

or otherwise interfere

with the beneficial

use of Reservation

No undissolved oil, or visible oil defined as

iridescence, shall be present so as to

cause taste or odor, or otherwise interfere

with the beneficial use of Reservation

waters.

Notes: (1) "*PP" means priority pollutant; (2) "**C" means Carcinogen; (3) "Annual avg" means the maximum

concentration at average annual flow conditions measured and represented as a 12 month moving average; (4)

"Max" means the maximum not to be exceeded at any time; (5) "ln H" means the natural logarithm of total hardness

expressed as milligrams/L of CaCO3. For metals criteria involving equations with hardness, the hardness shall be set

at 25 mg/L if actual hardness is <25 mg/L and set at 400 mg/L if actual hardness is >400 mg/L; (6) Criteria are

protective of human health not of aquatic life.

PARAMETER

UNITS

*PP

**C

Class I:

Potable Water

Supply

waters.

Class II: Recreation, Propagation and

Maintenance of a Healthy, Well-Balanced

Population of Fish and Wildlife

SUBSUBSUBCLASS

CLASS

2-A

2-C

2-B

Class III:

Agricultural

Purposes

See Section

12.3 (a) & (b)

of this Part.

40. Pesticides

and

Herbicides

40.a. 2,4,5-T

Trichlorophen

oxyacetic acid

µg/L

40.b. 2,4-D

Dichloropheno

xyacetic acid

µg/L

100

None

40.c. Aldrin

µg/L

0.0000049 annual

avg.; 3.0 max

0.00005

annual avg;

3.0 max

0.00005

annual avg;

3.0 max

40.d. Atrazine

µg/L

<25

<1.0

40.e. Beta-

µg/L

0.0091annual avg.

0.017 annual

0.017

Notes: (1) "*PP" means priority pollutant; (2) "**C" means Carcinogen; (3) "Annual avg" means the maximum

concentration at average annual flow conditions measured and represented as a 12 month moving average; (4)

"Max" means the maximum not to be exceeded at any time; (5) "ln H" means the natural logarithm of total hardness

expressed as milligrams/L of CaCO3. For metals criteria involving equations with hardness, the hardness shall be set

at 25 mg/L if actual hardness is <25 mg/L and set at 400 mg/L if actual hardness is >400 mg/L; (6) Criteria are

protective of human health not of aquatic life.

PARAMETER

UNITS

*PP

**C

Class I:

Potable Water

Supply

Class II: Recreation, Propagation and

Maintenance of a Healthy, Well-Balanced

Population of Fish and Wildlife

SUBSUBSUBCLASS

CLASS

2-A

2-C

2-B

See Section

12.3 (a) & (b)

of this Part.

hexachlorocycl

o-hexane (bBHC)

avg.

annual avg.

40.f. Bromacil

µg/L

100 annual avg.

100 annual

avg.

100 annual

avg.

40.g.

Chlordane

µg/L

0.0008 annual avg.

0.0043 max.

0.00081

annual avg.

0.0043 max.

0.00081

annual avg.

0.0043

max.

40.h.

Chlorpyrifos

µg/L

.041

40.i.

Dichlorodiphe

nyltrichloroethane (DDT)

µg/L

0.00022 annual avg.;

0.001 max.

0.00022

annual avg.

0.001 max.

0.00022

annual avg.

0.001 max.

40.j. Demeton

µg/L

0.1

Class III:

Agricultural

Purposes

Notes: (1) "*PP" means priority pollutant; (2) "**C" means Carcinogen; (3) "Annual avg" means the maximum

concentration at average annual flow conditions measured and represented as a 12 month moving average; (4)

"Max" means the maximum not to be exceeded at any time; (5) "ln H" means the natural logarithm of total hardness

expressed as milligrams/L of CaCO3. For metals criteria involving equations with hardness, the hardness shall be set

at 25 mg/L if actual hardness is <25 mg/L and set at 400 mg/L if actual hardness is >400 mg/L; (6) Criteria are

protective of human health not of aquatic life.

PARAMETER

UNITS

*PP

**C

Class I:

Potable Water

Supply

Class II: Recreation, Propagation and

Maintenance of a Healthy, Well-Balanced

Population of Fish and Wildlife

SUBSUBSUBCLASS

CLASS

2-A

2-C

2-B

Class III:

Agricultural

Purposes

See Section

12.3 (a) & (b)

of this Part.

40.k. Dieldrin

µg/L

.0.000052 annual

avg.; 0.056 max

0.000052

annual avg.;

0.056 max.

0.000052

annual

avg.; 0.056

max

40.l. Diuron

µg/L

2.0 annual avg.

2.0 annual

avg.

2.0 annual

avg.

40.m.

Endosulfan

µg/L

0.056

40.n. Endrin

µg/L

0.036

40.o. Ethion

µg/L

60 annual avg.

60 annual avg. 60 annual

avg.

40.p. Guthion

µg/L

0.01

40.q.

Heptachlor

µg/L

0.000079 annual

avg.

0.000079

annual avg;

0.0038 max

0.000079

annual avg;

0.0038 max

Notes: (1) "*PP" means priority pollutant; (2) "**C" means Carcinogen; (3) "Annual avg" means the maximum

concentration at average annual flow conditions measured and represented as a 12 month moving average; (4)

"Max" means the maximum not to be exceeded at any time; (5) "ln H" means the natural logarithm of total hardness

expressed as milligrams/L of CaCO3. For metals criteria involving equations with hardness, the hardness shall be set

at 25 mg/L if actual hardness is <25 mg/L and set at 400 mg/L if actual hardness is >400 mg/L; (6) Criteria are

protective of human health not of aquatic life.

PARAMETER

UNITS

*PP

**C

Class I:

Potable Water

Supply

Class II: Recreation, Propagation and

Maintenance of a Healthy, Well-Balanced

Population of Fish and Wildlife

SUBSUBSUBCLASS

CLASS

2-A

2-C

2-B

Class III:

Agricultural

Purposes

See Section

12.3 (a) & (b)

of this Part.

40.r. Lindane

(a-benzene

hexachloride)

µg/L

0.0026 annual avg.

0.0049 annual

avg.

0.0049

annual avg.

40.s. Lindane

(b-benzene

hexachloride)

µg/L

0.0091 annual avg.

0.017 annual

avg.

0.017

annual avg.

40.t. Lindane

(g-benzene

hexachloride)

µg/L

0.98 annual avg.

1.8 annual

avg.

1.8 annual

avg.

40.u.

Malathion

µg/L

0.1

40.v.

Methoxychlor

µg/L

0.03

40.w. Mirex

µg/L

0.001

Notes: (1) "*PP" means priority pollutant; (2) "**C" means Carcinogen; (3) "Annual avg" means the maximum

concentration at average annual flow conditions measured and represented as a 12 month moving average; (4)

"Max" means the maximum not to be exceeded at any time; (5) "ln H" means the natural logarithm of total hardness

expressed as milligrams/L of CaCO3. For metals criteria involving equations with hardness, the hardness shall be set

at 25 mg/L if actual hardness is <25 mg/L and set at 400 mg/L if actual hardness is >400 mg/L; (6) Criteria are

protective of human health not of aquatic life.

PARAMETER

UNITS

*PP

**C

Class I:

Potable Water

Supply

Class II: Recreation, Propagation and

Maintenance of a Healthy, Well-Balanced

Population of Fish and Wildlife

SUBSUBSUBCLASS

CLASS

2-A

2-C

2-B

Class III:

Agricultural

Purposes

See Section

12.3 (a) & (b)

of this Part.

40.x.

Parathion

µg/L

0.013

40.y.

Toxaphene

µg/L

0.002

41. pH

Standard Units

Shall not vary more

than one unit above

or below natural

background provided

that the pH is not

lowered to less than

6 units or raised

above 8.5 units. If

natural background

is less than 6 units,

the pH shall not vary

below natural

background or vary

Shall not vary more than one unit above or

below natural background provided that the

pH is not lowered to less than 6 units or

raised above 8.5 units. If natural

background is less than 6 units, the pH

shall not vary below natural background or

vary more than one unit above natural

background. If natural background is

higher than 8.5 units, the pH shall not vary

above natural background or vary more

than one unit below background.

Notes: (1) "*PP" means priority pollutant; (2) "**C" means Carcinogen; (3) "Annual avg" means the maximum

concentration at average annual flow conditions measured and represented as a 12 month moving average; (4)

"Max" means the maximum not to be exceeded at any time; (5) "ln H" means the natural logarithm of total hardness

expressed as milligrams/L of CaCO3. For metals criteria involving equations with hardness, the hardness shall be set

at 25 mg/L if actual hardness is <25 mg/L and set at 400 mg/L if actual hardness is >400 mg/L; (6) Criteria are

protective of human health not of aquatic life.

PARAMETER

UNITS

*PP

**C

Class I:

Potable Water

Supply

more than one unit

above natural

background. If

natural background

is higher than 8.5

units, the pH shall

not vary above

natural background

or vary more than

one unit below

background.

41 a. Phenolic

compounds:

Total

Phenolic compounds

other than those

produced by the

natural decay of

plant material, listed

or unlisted, shall not

taint the flesh of

Class II: Recreation, Propagation and

Maintenance of a Healthy, Well-Balanced

Population of Fish and Wildlife

SUBSUBSUBCLASS

CLASS

2-A

2-C

2-B

Class III:

Agricultural

Purposes

See Section

12.3 (a) & (b)

of this Part.

Phenolic compounds other than those

produced by the natural decay of plant

material, listed or unlisted, shall not taint

the flesh of edible fish or shellfish or

produce objectionable taste or odor in a

drinking water supply.

Notes: (1) "*PP" means priority pollutant; (2) "**C" means Carcinogen; (3) "Annual avg" means the maximum

concentration at average annual flow conditions measured and represented as a 12 month moving average; (4)

"Max" means the maximum not to be exceeded at any time; (5) "ln H" means the natural logarithm of total hardness

expressed as milligrams/L of CaCO3. For metals criteria involving equations with hardness, the hardness shall be set

at 25 mg/L if actual hardness is <25 mg/L and set at 400 mg/L if actual hardness is >400 mg/L; (6) Criteria are

protective of human health not of aquatic life.

PARAMETER

UNITS

*PP

**C

Class I:

Potable Water

Supply

edible fish or

shellfish or produce

objectionable taste or

odor in a drinking

water supply.

41. b. Phenolic µg/L

compounds:

Total

1. The total of all

chlorinated phenols,

and chlorinated

cresols, except as

set forth in (c) 1. to

exceed 1.0 unless

higher values are

shown not to be

chronically toxic.

Such higher values

shall be approved in

writing by the

Class II: Recreation, Propagation and

Maintenance of a Healthy, Well-Balanced

Population of Fish and Wildlife

SUBSUBSUBCLASS

CLASS

2-A

2-C

2-B

Class III:

Agricultural

Purposes

See Section

12.3 (a) & (b)

of this Part.

1. The total of all chlorinated phenols, and

chlorinated cresols, except

as set forth in (c) 1. To (c) 8. below, shall

not exceed 1.0 unless higher

values are shown not to be chronically

toxic. Such higher values shall be

approved in writing by the Commission.

2. The compounds listed in (c)1. to (c) 8.

below shall not exceed the limits specified

for each compound.

Notes: (1) "*PP" means priority pollutant; (2) "**C" means Carcinogen; (3) "Annual avg" means the maximum

concentration at average annual flow conditions measured and represented as a 12 month moving average; (4)

"Max" means the maximum not to be exceeded at any time; (5) "ln H" means the natural logarithm of total hardness

expressed as milligrams/L of CaCO3. For metals criteria involving equations with hardness, the hardness shall be set

at 25 mg/L if actual hardness is <25 mg/L and set at 400 mg/L if actual hardness is >400 mg/L; (6) Criteria are

protective of human health not of aquatic life.

PARAMETER

UNITS

*PP

**C

Class I:

Potable Water

Supply

Commission.

2. The compounds

listed in (c)1. to (c) 8.

below shall not

exceed the limits

specified for each

compound.

Class II: Recreation, Propagation and

Maintenance of a Healthy, Well-Balanced

Population of Fish and Wildlife

SUBSUBSUBCLASS

CLASS

2-A

2-C

2-B

Class III:

Agricultural

Purposes

See Section

12.3 (a) & (b)

of this Part.

41. c.1.

Phenolic

compound: 2chlorophenol

µg/L

150

See Note (6)

150

See Note

(6)

150

See Note

(6)

41. c.2.

Phenolic

compound:

2,4dichlorophenol

µg/L

See Note (6)

290

See Note (6)

290

See Note

(6)

290

See Note

(6)

Notes: (1) "*PP" means priority pollutant; (2) "**C" means Carcinogen; (3) "Annual avg" means the maximum

concentration at average annual flow conditions measured and represented as a 12 month moving average; (4)

"Max" means the maximum not to be exceeded at any time; (5) "ln H" means the natural logarithm of total hardness

expressed as milligrams/L of CaCO3. For metals criteria involving equations with hardness, the hardness shall be set

at 25 mg/L if actual hardness is <25 mg/L and set at 400 mg/L if actual hardness is >400 mg/L; (6) Criteria are

protective of human health not of aquatic life.

PARAMETER

UNITS

*PP

**C

Class I:

Potable Water

Supply

Class II: Recreation, Propagation and

Maintenance of a Healthy, Well-Balanced

Population of Fish and Wildlife

SUBSUBSUBCLASS

CLASS

2-A

2-C

2-B

Class III:

Agricultural

Purposes

See Section

12.3 (a) & (b)

of this Part.

41. c.3

Phenolic

compound:

2,4dimethylpheno

µg/L

380

See Note (6)

850

See Note (6)

850

See Note

(6)

850

See Note

(6)

41. c.4

Phenolic

compound: 2methyl-4,6dinitrophenol

µg/L

See Note (6)

280

See Note (6)

280

See Note

(6)

280

See Note

(6)

41. c.5

Phenolic

compound:

pentachlorophenol

µg/L

30 max;

0.27 annual avg;

e(1.005[pH]-5.29)

30 max;

3 annual avg;

e(1.005[pH]5.29)

30 max;

3 annual

avg;

e(1.005[pH]

-5.29)

30 max;

3 annual

avg;

e(1.005[pH]

-5.29)

Notes: (1) "*PP" means priority pollutant; (2) "**C" means Carcinogen; (3) "Annual avg" means the maximum

concentration at average annual flow conditions measured and represented as a 12 month moving average; (4)

"Max" means the maximum not to be exceeded at any time; (5) "ln H" means the natural logarithm of total hardness

expressed as milligrams/L of CaCO3. For metals criteria involving equations with hardness, the hardness shall be set

at 25 mg/L if actual hardness is <25 mg/L and set at 400 mg/L if actual hardness is >400 mg/L; (6) Criteria are

protective of human health not of aquatic life.

PARAMETER

UNITS

*PP

**C

Class I:

Potable Water

Supply

Class II: Recreation, Propagation and

Maintenance of a Healthy, Well-Balanced

Population of Fish and Wildlife

SUBSUBSUBCLASS

CLASS

2-A

2-C

2-B

Class III:

Agricultural

Purposes

See Section

12.3 (a) & (b)

of this Part.

41. c.6

Phenolic

compound:

2,4,6trichlorophenol

µg/L

1.4 annual avg.

2.4 annual

avg.

2.4 annual

avg.

2.4 annual

avg.

41. c.7

Phenolic

compound:

2,4dinitrophenol

mg/L

0.0697

See Note (6)

5.3 See Note

(6)

5.3 See

Note (6)

5.3 See

Note (6)

41. c.8

Phenolic

compound:

Phenol

mg/L

0.3

43. Phthalate

Esters

µg/L

Notes: (1) "*PP" means priority pollutant; (2) "**C" means Carcinogen; (3) "Annual avg" means the maximum

concentration at average annual flow conditions measured and represented as a 12 month moving average; (4)

"Max" means the maximum not to be exceeded at any time; (5) "ln H" means the natural logarithm of total hardness

expressed as milligrams/L of CaCO3. For metals criteria involving equations with hardness, the hardness shall be set

at 25 mg/L if actual hardness is <25 mg/L and set at 400 mg/L if actual hardness is >400 mg/L; (6) Criteria are

protective of human health not of aquatic life.

PARAMETER

UNITS

*PP

**C

Class I:

Potable Water

Supply

Class II: Recreation, Propagation and

Maintenance of a Healthy, Well-Balanced

Population of Fish and Wildlife

SUBSUBSUBCLASS

CLASS

2-A

2-C

2-B

Class III:

Agricultural

Purposes

See Section

12.3 (a) & (b)

of this Part.

43. a. Bis(2Ethylhexyl)

Phthalate

µg/L

1.2

See Note (6)

2.2

See Note (6)

2.2

See Note

(6)

43. b.

Butylbenzyl

Phthalate

µg/L

1500

See Note (6)

1900

See Note (6)

1900

See Note

(6)

43. c. Diethyl

Phthalate

µg/L

17000

See Note (6)

44000

See Note (6)

44000

See Note

(6)

43. d.

Dimethyl

Phthalate

µg/L

270000

See Note (6)

1100000

See Note (6)

1100000

See Note

(6)

43. e. Dibutyl

Phthalate

µg/L

2000

See Note (6)

4500

See Note (6)

4500

See Note

(6)

44. Polychlori-

µg/L

0.000064 annual

0.000064

Notes: (1) "*PP" means priority pollutant; (2) "**C" means Carcinogen; (3) "Annual avg" means the maximum

concentration at average annual flow conditions measured and represented as a 12 month moving average; (4)

"Max" means the maximum not to be exceeded at any time; (5) "ln H" means the natural logarithm of total hardness

expressed as milligrams/L of CaCO3. For metals criteria involving equations with hardness, the hardness shall be set

at 25 mg/L if actual hardness is <25 mg/L and set at 400 mg/L if actual hardness is >400 mg/L; (6) Criteria are

protective of human health not of aquatic life.

PARAMETER

UNITS

*PP

**C

nated

Biphenols

(PCBs)

Class I:

Potable Water

Supply

avg.; 0.014 max

Class II: Recreation, Propagation and

Maintenance of a Healthy, Well-Balanced

Population of Fish and Wildlife

SUBSUBSUBCLASS

CLASS

2-A

2-C

2-B

See Section

12.3 (a) & (b)

of this Part.

annual avg;

0.014 max

annual avg;

0.014 max

45. Polycyclic

Aromatic

Hydrocarbons

(PAHs)

µg/L

45. a.

Anthracene

µg/L

8300

See Note (6)

40000

See Note (6)

40000

See Note

(6)

45. b.

Benzo(a)Anthr

acene

µg/L

0.0038

See Note (6)

0.018

See Note (6)

0.018

See Note

(6)

45. c.

Benzo(a)Pyre

µg/L

0.0038

See Note (6)

0.018

See Note (6)

0.018

See Note

(6)

Class III:

Agricultural

Purposes

Notes: (1) "*PP" means priority pollutant; (2) "**C" means Carcinogen; (3) "Annual avg" means the maximum

concentration at average annual flow conditions measured and represented as a 12 month moving average; (4)

"Max" means the maximum not to be exceeded at any time; (5) "ln H" means the natural logarithm of total hardness

expressed as milligrams/L of CaCO3. For metals criteria involving equations with hardness, the hardness shall be set

at 25 mg/L if actual hardness is <25 mg/L and set at 400 mg/L if actual hardness is >400 mg/L; (6) Criteria are

protective of human health not of aquatic life.

PARAMETER

UNITS

*PP

**C

Class I:

Potable Water

Supply

Class II: Recreation, Propagation and

Maintenance of a Healthy, Well-Balanced

Population of Fish and Wildlife

SUBSUBSUBCLASS

CLASS

2-A

2-C

2-B

Class III:

Agricultural

Purposes

See Section

12.3 (a) & (b)

of this Part.

45. d.

Chrysene

µg/L

0.0038

See Note (6)

0.018

See Note (6)

0.018

See Note

(6)

45. e.

Dibenzo(a,h)A

nthracene

µg/L

0.0038

See Note (6)

0.018

See Note (6)

0.018

See Note

(6)

45. f.

Fluoranthene

µg/L

130

See Note (6)

140

See Note (6)

140

See Note

(6)

45. g.

Fluorene

µg/L

1100

See Note (6)

5300

See Note (6)

5300

See Note

(6)

45. h.

Indeno(1,2,3cd)

Pyrene

µg/L

0.0038

See Note (6)

0.018

See Note (6)

0.018

See Note

(6)

Notes: (1) "*PP" means priority pollutant; (2) "**C" means Carcinogen; (3) "Annual avg" means the maximum

concentration at average annual flow conditions measured and represented as a 12 month moving average; (4)

"Max" means the maximum not to be exceeded at any time; (5) "ln H" means the natural logarithm of total hardness

expressed as milligrams/L of CaCO3. For metals criteria involving equations with hardness, the hardness shall be set

at 25 mg/L if actual hardness is <25 mg/L and set at 400 mg/L if actual hardness is >400 mg/L; (6) Criteria are

protective of human health not of aquatic life.

PARAMETER

UNITS

*PP

**C

Class I:

Potable Water

Supply

Class II: Recreation, Propagation and

Maintenance of a Healthy, Well-Balanced

Population of Fish and Wildlife

SUBSUBSUBCLASS

CLASS

2-A

2-C

2-B

Class III:

Agricultural

Purposes

See Section

12.3 (a) & (b)

of this Part.

45. i. Pyrene

µg/L

830

See Note (6)

4000

See Note (6)

4000

See Note

(6)

45. j.

Acenaphthene

µg/L

1,200

27,000

45. k.

Benzo(k)Fluor

anthene

µg/L

0.0038

0.018

45. l. 3,4

Benzo(b)Fluor

anthene

µg/l

0.0038

0.018

46.

Radioactive

substances

Picocuries/L

Notes: (1) "*PP" means priority pollutant; (2) "**C" means Carcinogen; (3) "Annual avg" means the maximum

concentration at average annual flow conditions measured and represented as a 12 month moving average; (4)

"Max" means the maximum not to be exceeded at any time; (5) "ln H" means the natural logarithm of total hardness

expressed as milligrams/L of CaCO3. For metals criteria involving equations with hardness, the hardness shall be set

at 25 mg/L if actual hardness is <25 mg/L and set at 400 mg/L if actual hardness is >400 mg/L; (6) Criteria are

protective of human health not of aquatic life.

PARAMETER

UNITS

*PP

**C

Class I:

Potable Water

Supply

Class II: Recreation, Propagation and

Maintenance of a Healthy, Well-Balanced

Population of Fish and Wildlife

SUBSUBSUBCLASS

CLASS

2-A

2-C

2-B

Class III:

Agricultural

Purposes

See Section

12.3 (a) & (b)

of this Part.

(Gross alpha

particle activity

including

radium 226,

but excluding

radon and

uranium)

47. Selenium

µg/L

5.0

48. Silver

See Note (5)

(applies within

mixing zones)

µg/L

exp(1.72[InH]-6.59)

exp(1.72[InH]6.59).

exp(1.72[In

H]-6.59).

49.

Substances in

concentrations

which injure,

are chronically

N/A

NONE SHALL BE

PRESENT

NONE SHALL BE PRESENT

exp(1.72[In

H]-6.59).

Notes: (1) "*PP" means priority pollutant; (2) "**C" means Carcinogen; (3) "Annual avg" means the maximum

concentration at average annual flow conditions measured and represented as a 12 month moving average; (4)

"Max" means the maximum not to be exceeded at any time; (5) "ln H" means the natural logarithm of total hardness

expressed as milligrams/L of CaCO3. For metals criteria involving equations with hardness, the hardness shall be set

at 25 mg/L if actual hardness is <25 mg/L and set at 400 mg/L if actual hardness is >400 mg/L; (6) Criteria are

protective of human health not of aquatic life.

PARAMETER

UNITS

*PP

**C

Class I:

Potable Water

Supply

Class II: Recreation, Propagation and

Maintenance of a Healthy, Well-Balanced

Population of Fish and Wildlife

SUBSUBSUBCLASS

CLASS

2-A

2-C

2-B

Class III:

Agricultural

Purposes

See Section

12.3 (a) & (b)

of this Part.

toxic to, or

produce

adverse

physiological

or behavioral

response in

humans,

plants, or

animals.

50. 1,1,2,2Tetrachloroethane

µg/L

0.17 annual avg.

4 annual avg.

4 annual

avg.

51.

Tetrachloroeth

ylene

(1,1,2,2-)

tetrachloroeth

µg/L

0.69 annual avg.

3.3 annual

avg.

3.3 annual

avg.

3.0 max.

Notes: (1) "*PP" means priority pollutant; (2) "**C" means Carcinogen; (3) "Annual avg" means the maximum

concentration at average annual flow conditions measured and represented as a 12 month moving average; (4)

"Max" means the maximum not to be exceeded at any time; (5) "ln H" means the natural logarithm of total hardness

expressed as milligrams/L of CaCO3. For metals criteria involving equations with hardness, the hardness shall be set

at 25 mg/L if actual hardness is <25 mg/L and set at 400 mg/L if actual hardness is >400 mg/L; (6) Criteria are

protective of human health not of aquatic life.

PARAMETER

UNITS

*PP

**C

Class I:

Potable Water

Supply

Class II: Recreation, Propagation and

Maintenance of a Healthy, Well-Balanced

Population of Fish and Wildlife

SUBSUBSUBCLASS

CLASS

2-A

2-C

2-B

Class III:

Agricultural

Purposes

See Section

12.3 (a) & (b)

of this Part.

ene

52. Thallium

µg/L

0.24

0.47

53. Thermal

Criteria

Heated water

discharges shall not

increase the

temperature of the

Receiving Body of

Water (RBW) so as

to cause substantial

damage or harm to

the aquatic life or

vegetation therein or

interfere with the

beneficial uses

assigned to the

RBW. Heated water

sources proposed for

Heated water discharges

shall not increase the

temperature of the Receiving

Body of Water (RBW) so as

to cause substantial damage

or harm to the aquatic life or

vegetation therein or

interfere with the beneficial

uses assigned to the RBW.

Heated water sources

proposed for future

discharges into an RBW

shall not be more than 5

degrees F. higher than the

existing temperature of any

Notes: (1) "*PP" means priority pollutant; (2) "**C" means Carcinogen; (3) "Annual avg" means the maximum

concentration at average annual flow conditions measured and represented as a 12 month moving average; (4)

"Max" means the maximum not to be exceeded at any time; (5) "ln H" means the natural logarithm of total hardness

expressed as milligrams/L of CaCO3. For metals criteria involving equations with hardness, the hardness shall be set

at 25 mg/L if actual hardness is <25 mg/L and set at 400 mg/L if actual hardness is >400 mg/L; (6) Criteria are

protective of human health not of aquatic life.

PARAMETER

UNITS

*PP

**C

Class I:

Potable Water

Supply

future discharges

into an RBW shall

not be more than 5

degrees F. higher

than the existing

temperature of any

receiving water at a

location which is

unaffected by

manmade thermal

discharges and is of

typical depth and

exposure to winds

and currents.

54. Total

Dissolved

Gases

Percent of the

saturation

value for gases

at the existing

110% of saturation

value

Class II: Recreation, Propagation and

Maintenance of a Healthy, Well-Balanced

Population of Fish and Wildlife

SUBSUBSUBCLASS

CLASS

2-A

2-C

2-B

See Section

12.3 (a) & (b)

of this Part.

Class III:

Agricultural

Purposes

receiving water at a location

which is unaffected by

manmade thermal

discharges and is of typical

depth and exposure to winds

and currents.

110% of

saturation

value

110% of

saturation

value

Notes: (1) "*PP" means priority pollutant; (2) "**C" means Carcinogen; (3) "Annual avg" means the maximum

concentration at average annual flow conditions measured and represented as a 12 month moving average; (4)

"Max" means the maximum not to be exceeded at any time; (5) "ln H" means the natural logarithm of total hardness

expressed as milligrams/L of CaCO3. For metals criteria involving equations with hardness, the hardness shall be set

at 25 mg/L if actual hardness is <25 mg/L and set at 400 mg/L if actual hardness is >400 mg/L; (6) Criteria are

protective of human health not of aquatic life.

PARAMETER

UNITS

*PP

**C

Class I:

Potable Water

Supply

Class II: Recreation, Propagation and

Maintenance of a Healthy, Well-Balanced

Population of Fish and Wildlife

SUBSUBSUBCLASS

CLASS

2-A

2-C

2-B

Class III:

Agricultural

Purposes

See Section

12.3 (a) & (b)

of this Part.

atmospheric

and hydrostatic

pressures.

55.

Transparency

Depth of the

compensation

point for

photosynthetic

activity

Shall not be reduced

by more than 10% as

compared to natural

background value.

Shall not be reduced by

more than 10% as compared

to natural background value.

56. Trichloroethylene

(Trichloroethane)

µg/L

2.5 annual average

30 annual avg. 30 annual

avg.

57. Turbidity

Nephelometric

Turbidity Units

(NTU)

29 above natural

background

conditions

29 above

natural

background

conditions

29 above

natural

background

conditions

29 above

natural

background

conditions

Notes: (1) "*PP" means priority pollutant; (2) "**C" means Carcinogen; (3) "Annual avg" means the maximum

concentration at average annual flow conditions measured and represented as a 12 month moving average; (4)

"Max" means the maximum not to be exceeded at any time; (5) "ln H" means the natural logarithm of total hardness

expressed as milligrams/L of CaCO3. For metals criteria involving equations with hardness, the hardness shall be set

at 25 mg/L if actual hardness is <25 mg/L and set at 400 mg/L if actual hardness is >400 mg/L; (6) Criteria are

protective of human health not of aquatic life.

PARAMETER

58. Zinc

See Note (5)

UNITS

µg/L

*PP

**C

Class I:

Potable Water

Supply

Zn exp(0.8473[lnH]

+0.884).

Class II: Recreation, Propagation and

Maintenance of a Healthy, Well-Balanced

Population of Fish and Wildlife

SUBSUBSUBCLASS

CLASS

2-A

2-C

2-B

Class III:

Agricultural

Purposes

exp(0.8473[ln

H] +0.884).

exp(0.8473

[lnH] +

0.884).

See Section

12.3 (a) & (b)

of this Part.

exp(0.8473[

lnH]

+0.884).

Notes: (1) "*PP" means priority pollutant; (2) "**C" means Carcinogen; (3) "Annual avg" means the maximum

concentration at average annual flow conditions measured and represented as a 12 month moving average; (4)

"Max" means the maximum not to be exceeded at any time; (5) "ln H" means the natural logarithm of total hardness

expressed as milligrams/L of CaCO3. For metals criteria involving equations with hardness, the hardness shall be set

at 25 mg/L if actual hardness is <25 mg/L and set at 400 mg/L if actual hardness is >400 mg/L; (6) Criteria are

protective of human health not of aquatic life.

SWC Rules, Chapter B

As Approved March 13, 1998

Section 12.4 Review and Revision of Standards

The Department shall carry out a continuing planning process for water quality

management, in accordance with the Tribal Water Quality Code, and shall make

recommendations to the Commission for appropriate revisions to its rules. At least once

every three years the Commission shall consider adopting revisions to its water quality

standards and other provisions of its rules, following the procedural requirements set out

in the Tribal Water Quality Code. All officially adopted revisions to tribal water quality

standards shall be submitted to EPA for review and approval as required under 40 CFR

Sections 131.20 and 131.21. Any person who is interested in receiving notices related to

the review and revision of the Commission's rules should inform the Director of his or her

interest (providing name and address), and, by so doing, they will be included in the

"interested persons" list maintained by the Department.

Section 12.5 Antidegradation Policy

The Commission and the Department will carry out their responsibilities in

accordance with the antidegradation policy set forth in section 131.12 of EPA's

regulations. The Commission and the Department shall ensure that existing instream

water uses and the level of water quality necessary to protect the existing uses shall be

maintained and protected. Where high quality waters constitute an outstanding National

resource, such as waters of exceptional environmental, cultural or recreational

significance, that water quality shall be maintained and protected. Where the quality of

waters is better than necessary to support the propagation of fish, shellfish and wildlife

and recreation in and on the water, that quality shall be maintained and protected unless

the Commission and the Department finds, after full satisfaction of the intergovernmental

coordination and public participation provisions of the Department's continuing planning

process, that allowing lower water quality is necessary to accommodate important

economic or social development in the area in which the waters are located. In allowing

such degradation or lower water quality, the Commission and the Department shall

assure adequate water quality to protect existing uses fully.

Section 12.6 Methods and Procedures

- Part 12 - Page 9 -

SWC Rules, Chapter B

As Approved March 13, 1998

(a)

Sample collections and preservation used to determine water quality and to

maintain the standards set forth in the Water Quality Standards shall be performed in

accordance with procedures prescribed by the latest EPA authoritative analytical

reference, including but not limited to the latest editions of any of the following authorities:

(1) American Public Health Association,10 Standard Methods for the Examination of

Water and Wastewater; (2) "Methods for Chemical Analysis of Water and Wastes"; or (3)

"EPA Guidelines Establishing Test Procedures for the Analysis of Pollutants."

(b)

Sampling Procedures:

Streams; Stream monitoring stations below waste discharges shall

be located a sufficient distance downstream to ensure adequate vertical

and lateral mixing.

Reservoirs and impoundments: Sampling stations in reservoirs shall

be located at least 250 feet from a waste discharge, and otherwise, where

the attainment of a water quality standard is to be assessed. Water quality

measurements shall be taken at intervals in the water at a sampling station.

For toxic substances and nutrients, the entire water column shall be

monitored. For dissolved oxygen in stratified lakes, measurements shall be

made in the epilimnion. In nonstratified lakes, measurements will be made

at intervals throughout the entire water column.

(c)

All methods of analysis used in measuring the water quality of surface water

for purposes of determining compliance with these standards shall be in accordance with

procedures prescribed in the current Title 40 Code of Federal Regulations Part 136.

(d)

Bacteriological Surveys: The monthly geometric mean is used in

assessing attainment of standards when a minimum of five samples is collected in a 30day period. When less than 5 samples are collected in a 30-day period, no single sample

shall exceed the applicable upper limit for bacterial density set forth in Table 12.

- Part 12 - Page 10 -

SWC Rules, Chapter B

As Approved March 13, 1998

Section 12.7 Mixing Zone Policy

(a)

Mixing zones permissible. A permit issued by the EPA pursuant to

section 402 of the Clean Water Act for a point source discharge into Reservation surface

waters may include mixing zones, provided that any such mixing zone is consistent with

the policy stated in this section.

(b)

General policy. This policy establishes how mixing and dilution of point

source discharges with receiving waters will be addressed in developing chemical-specific

and whole effluent toxicity discharge limitations. Depending upon site-specific mixing

patterns and environmental concerns, some pollutants/criteria may be allowed to be

exceeded in a mixing zone while others may not. In all cases, mixing zone and dilution

allowances shall be limited as necessary to protect the integrity of the receiving water

ecosystem and designated waterbody uses. This policy shall be implemented consistent

with guidance issued by the EPA.

(c)

Mixing zones. Where dilution is available at critical conditions and the

discharge does not mix at a near instantaneous and complete rate, an appropriate mixing

zone may be designated if:

(1)

(2)

(3)

(4)

(5)

meeting water quality standards at the end-of-the-pipe is not

practicable;

allowing a mixing zone will not pose unacceptable risks to

designated or existing uses;

narrative criteria will be achieved within the mixing zone;

the size of mixing zones for streams, rivers and canals does not

exceed one-half the cross-sectional area or a length 10 times the

stream width at critical low flow, whichever is more limiting; and

the size of mixing zones for lakes does not exceed 5% of lake

surface area or 200 feet in radius, whichever is more limiting.

(d)

Dilution allowances. Where the discharge is to a river, stream or canal,

dilution is available at critical conditions, and available information is sufficient to

- Part 12 - Page 11 -

SWC Rules, Chapter B

As Approved March 13, 1998

reasonably conclude that the discharge exhibits near instantaneous and complete mixing,

an appropriate dilution allowance may be provided for purposes of establishing discharge

limitations. As a maximum, the following low flows may be used:

Stream Flows

Aquatic life

chronic

acute

Human health

carcinogens

non-carcinogens

4-day, 3-year flow (biologically based)

1-day, 3-year flow (biologically based)

harmonic mean flow

4-day, 3-year flow (biologically based)

or 1-day, 3-year flow (biologically based)

- Part 12 - Page 12 -

SWC Rules, Chapter B

As Approved March 13, 1998

aquatic life,

propagation

and maintenance

12 month moving average

Effluent Flows

Aquatic life, chronic Mean daily flow

Aquatic life, acute Maximum daily flow

Human Health (all) Mean daily flow

(e)

Prohibition. Where dilution flow is not available at critical conditions, the

discharge limits will be based on achieving water quality criteria at the end-of-the-pipe.

(f)

Commission veto. If the Commission objects in writing to the inclusion of

a mixing zone in any permit issued by the EPA for a point source discharge to

Reservation surface waters, the permit shall not include a mixing zone.

Section 12.8 Variance Policy

(a)

General Policy. In an appropriate case the Commission is authorized to

grant a variance for a particular discharger. Granting a variance may be appropriate in

any case in which one or more of the grounds specified in paragraph (d) below applies

and the Commission determines that the water quality standard for the body of water

ultimately can be attained. The procedure for granting a variance is essentially the same

process as for adopting or revising water quality standards. If the Commission decides to

grant a variance in a particular case, the terms of the variance will be specified as an

appendix to this section of the Commission's Rules.

(b)

Effect of a Variance; Expiration. The effect of a variance is to make it

legally permissible for that discharger to fail to comply with otherwise applicable water

quality criteria for one or more pollutant constituents. The discharger who is granted a

variance for one or more pollutant constituents is required to comply with all applicable

water quality criteria for all pollutant constituents not expressly included in the variance. A

variance is limited to a particular discharger; all other dischargers are subject to all

- Part 12 - Page 13 -

SWC Rules, Chapter B

As Approved March 13, 1998

applicable water quality criteria. In any case in which the Commission decides to grant a

variance, the Commission will specify a date on which the variance will expire, which may

be set to coincide with the next scheduled triennial review of the Commission's Water

Quality Standards Rules. The time period for a variance shall not exceed three (3) years,

although a variance may be rejustified upon expiration.

(c)

Procedure. A petition or application for a variance shall be in accordance

with these rules. The Petitioner or Applicant shall address the factors listed in paragraphs

(1) through (7) below in a request to the Commission, which shall review the petition

within a reasonable period of time to determine if it is complete. If the Commission

determines the petition or application to be incomplete, the Petitioner shall be afforded an

opportunity to supply additional information before the Commission evaluates the merits

of the request. The following must be included within the request:

(1)

The criterion or criteria from which a variance is sought.

(2)

The facts which show that a variance should be granted because of

one of the reasons specified in Section 12.8 (d), below.

(3)

The period of time for which the variance is sought, including the

reasons and facts in support of the time period.

(4)

The requirements which the Petitioner or Applicant can meet,

including the date or time when the requirements will be met.

(5)

The steps or measures the Petitioner or Applicant is taking to meet

the requirements from which the variance is sought.

(6)

The social, economic and environmental impacts on the Applicant

and residents of the area if the variance is granted.

(7)

The social, economic and environmental impacts on the Applicant

and residents of the area if the variance is denied.

- Part 12 - Page 14 -

SWC Rules, Chapter B

As Approved March 13, 1998

The Commission shall publish Notice of Intent in the Seminole Tribune or other

news media as the Tribal Chairman may direct and posting in accordance with Paragraph

3.5.5.1 of Subtitle A. In addition, Notice of Intent shall be provided to all individuals listed

on the "Interested Persons" list as described in Section 12.3.2 of the Tribal Water Code.

The Commission shall not grant a variance or petition for variance until a minimum of

thirty (30) days following the publication of notice to provide an opportunity for public

comment. A Public Hearing need not be held unless specifically requested during the

public comment period. With the exception of the Public Hearing requirement (if not

requested) the same procedures set forth in Section 12.3.2 of the Tribal Water Code for

the development of rules shall be followed in granting a variance, including adoption by

the Tribal Council and EPA review and approval.

(d)

Grounds for Granting a Variance. The Commission may grant a variance

if one or more of the following grounds exists:

(1)

Naturally occurring pollutant concentrations prevent the attainment of

one or more water quality criterion;

(2)

Natural, ephemeral, intermittent or low flow conditions or water levels

prevent the attainment of one or more water quality criterion, unless

these conditions may be compensated for by the discharge of

sufficient volume of the effluent discharges to enable the criterion (or

criteria) to be met, without violating tribal water conservation

requirements;

(3)

Human caused conditions or sources of pollution prevent the

attainment of one or more criterion and such conditions cannot be

remedied or would cause more environmental damage to correct

than to leave in place;

(4)

Dams, diversions or other types of hydrologic modifications preclude

the attainment of one or more criterion, and it is not feasible to

- Part 12 - Page 15 -

SWC Rules, Chapter B

As Approved March 13, 1998

restore the waterbody to its original condition or to operate such

modification in a way that would result in the attainment of the

criterion (or criteria);

(5)

Physical conditions related to the natural features of the waterbody,

such as the lack of a proper substrate, cover, flow, depth, pools, and

the like, unrelated to water quality, preclude the attainment of aquatic

life protection criteria; or

(6) Controls more stringent than those required by sections 301(b) and 306

of the Act would result in substantial and widespread economic and

social impact.

- Part 12 - Page 16 -

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.