SEMINOLE TRIBE OF FLORIDA
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TRIBAL WATER CODE
OF THE
SEMINOLE TRIBE OF FLORIDA
SUBTITLE A
BENEFICIAL USE AND CONSERVATION
OF WATER RESOURCES
SUBTITLE B
WATER QUALITY CODE
AS AMENDED THROUGH JANUARY 1995
Tribal Water Code
As Amended through January 1995
Table of Contents
TRIBAL WATER CODE
OF THE
SEMINOLE TRIBE OF FLORIDA
TABLE OF CONTENTS
SUBTITLE A -- BENEFICIAL USE AND
CONSERVATION OF WATER RESOURCES
Page
PART 1. INTRODUCTION
......................................................................................... 1
1.1
GOALS
.............................................................................................
1
1.2
DECLARATION OF RIGHTS............................................................... 1
1.3
EFFECTIVE DATE............................................................................ 1
1.4
REPEAL OF INTERIM CODE................................................................ 1
1.5
COMMUNICATIONS WITH THE DISTRICT .................................................1
1.6
SCOPE OF TRIBAL ACTIVITIES...............................................................
1
1.7
NUMBERING SYSTEM........................................................................ 2
PART 2. DEFINITIONS
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..............................................................................................
2
PART 3. GENERAL PROVISIONS ..........................................................................3
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3.1
PERMITS...... ............................................................................
3
3.2
CONSTRUCTION ........................................................................
4
3.3
JURISDICTION ........................................................................... 4
3.4
COMPOSITION OF WATER COMMISSION ............................................... 4
3.4.1 NUMBER OF COMMISSIONERS; APPOINTMENT ........................
4
3.4.2 STAGGERED TERMS
..................................................................
4
3.4.3 DURATION OF
TERMS.................................................................
4
3.4.4 SELECTION OF CHAIR
................................................................
4
3.4.5 COMPENSATION AND REIMBURSEMENT ....................................
5
3.4.6 REMOVAL OF COMMISSIONER ....................................................5
3.5
COMMISSION PROCEDURAL RULES ...................................................... 5
3.5.1 MEETING REQUIREMENTS; QUORUM ......................................... 5
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Page
PART 3. GENERAL PROVISIONS (CONTINUED)
3.5.2 EFFECT OF PROCEDURAL RULES .............................................
5
3.5.3 WHEN RULES EFFECTIVE ..........................................................5
3.5.4 WHEN RULES EXPIRE ..............................................................5
3.5.5
PUBLICATION.............................................................................
6
3.5.6 REVIEW OF CODE
......................................................................
6
3.5.7 OPTIONAL FEES
........................................................................
6
3.5.8 PERMITS
..................................................................................
6
3.5.9 INCLUSION IN WORK PLAN
......................................................... 8
3.5.10 EARLY WORK ORDERS.............................................................8
3.6
ADMINISTRATIVE PROCEDURES ...........................................................9
3.6.1 AVAILABILITY OF CODE AND RULES.......................................... 9
3.6.2 AUTHORITY OF THE DIRECTOR .................................................. 9
3.6.3 APPLICATION FOR PERMIT .........................................................11
3.6.4 FILING OF APPLICATIONS
........................................................... 12
3.6.5 DIRECTOR'S REPORT ................................................................
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12
3.6.6 REPRESENTATION
..................................................................... 13
3.6.7..OBJECTIONS TO APPLICATIONS ................................................13
3.6.8 GRIEVANCE AND APPEAL PROCEDURE ....................................
13
3.6.9 NOTICE TO DISTRICT
.................................................................
3.7
15
MANDATORY LEASE PROVISION ..........................................................15
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3.8
SEVERABILITY.....................................................................................
3.9
15
REQUEST FOR DISTRICT ACTIONS .......................................................15
PART 4. TRIBAL WORK PLANS
............................................................... 15
4.1
PREPARATION OF TRIBAL WORK PLANS ............................................. 15
4.2
WORK PLAN SUBMISSION
.................................................................... 16
4.3
IMPLEMENTATION AFTER DISTRICT PROPOSES AMENDMENT ..........
16
PART 5. SUBSTANTIVE REQUIREMENTS ...............................................................16
5.1
INCORPORATION OF COMPACT AND MANUAL BY REFERENCE ..........
5.2
WAIVERS
16
................................................................................
16
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Page
SUBTITLE B --WATER QUALITY CODE......................................... 17
PART 11. GENERAL PROVISIONS .................................................................... 17
11.1
STATEMENT OF FINDINGS ...................................................................17
11.2
DECLARATION OF GOALS AND POLICY .............................................. 18
11.2.1 NATIONAL GOALS AND POLICY ............................................. 18
11.2.2 TRIBAL POLICIES
.................................................................... 18
11.3
PURPOSES
...............................................................................19
11.4
COMPREHENSIVE WATER QUALITY PROGRAM ..................................
11.5
EFFECTIVE DATE
................................................................................
11.6
DEFINITIONS
19
20
.............................................................................20
PART 12. DUTIES OF THE COMMISSION
.................................................................... 24
12.1
GENERAL; DELEGATION OF AUTHORITY .............................................. 24
12.2
DUTIES AND RESPONSIBILITIES ............................................................24
12.2.1 WATER QUALITY MANAGEMENT PLANNING .................
12.2.2 PUBLIC INFORMATION AND
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COMMUNITY INVOLVEMENT ............................. 24
12.2.3 ADOPTION OF WATER QUALITY STANDARDS .............. 24
12.2.4 CERTIFICATION OF COMPLIANCE WITH STANDARDS ..
24
12.2.5 ISSUANCE OF PERMITS ................................................. 25
12.2.6 HEARINGS; ENFORCEMENT AND INQUIRY ....................
25
12.2.7 EXCLUSION FROM RESERVATIONS ...............................
26
12.2.8 REPORTS.....................................................................
12.3
SUBSTANTIVE RULES; WATER QUALITY STANDARDS ........................ 27
12.3.1 CONTENT OF RULES ..................................................... 27
12.3.2 PROCEDURE FOR DEVELOPMENT OF RULES .............
27
12.3.3 APPROVAL OF RULES BY COUNCIL ..............................
12.4
APPEALS
..................................................................................
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Page
PART 13. DUTIES OF THE DEPARTMENT ...........................
..............................
31
13.1
GENERAL; DELEGATION OF AUTHORITY .............................................. 31
13.2
RELATIONSHIP TO COMMISSION ...........................................................31
13.3
RELATIONSHIP TO GENERAL COUNSEL ............................................... 31
13.4
DUTIES AND RESPONSIBILITIES OF DEPARTMENT ...............................
13.4.1 WATER QUALITY MANAGEMENT PLANNING .................
31
31
13.4.2 PUBLIC INFORMATION AND
COMMUNITY INVOLVEMENT .............................. 32
13.4.3 DEVELOPMENT OF WATER QUALITY STANDARDS .....
32
13.4.4 CERTIFICATION OF COMPLIANCE WITH STANDARDS ..
32
13.4.5 CONDITIONS FOR PERMITS ISSUED BY
THE COMMISSION ............................................33
13.4.6 ENFORCEMENT .............................................................
33
13.4.7 REPORTS .....................................................................
34
PART 14. WATER QUALITY PLANNING AND MANAGEMENT ................................ 34
14.1
WATER QUALITY MONITORING
.............................................................
34
14.2
CONTINUING PLANNING PROCESS ........................................................34
14.3
AREAWIDE WASTEWATER TREATMENT MANAGEMENT ...................... 35
14.3.1 DESIGNATION OF AGENCIES .......................................... 35
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14.3.2 REPORT TO COUNCIL .................................................... 36
14.4
WATER QUALITY MANAGEMENT (WQM) PLANS ................................. 36
14.4.1 PURPOSE OF WQM PLANS ..........................................
36
14.4.2 ELEMENTS OF WQM PLANS ........................................
36
PART 15. WATER QUALITY STANDARDS ......................................................... 37
15.1
DEVELOPMENT OF STANDARDS ..........................................................37
15.1.1 DESIGNATED USES ....................................................... 37
15.1.2 WATER QUALITY CRITERIA ............................................ 38
15.1.3 ANTIDEGRADATION POLICY ........................................... 38
15.2
ADOPTION OF STANDARDS ..................................................................
38
15.3
SUBMITTAL TO
EPA.............................................................................
15.4
38
TRIENNIAL REVIEW........................................................................ 38
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Page
PART 16. SPECIAL PROVISIONS RELATING TO WETLANDS ...................
...........
39
16.1
WETLANDS ARE "RESERVATION SURFACE WATERS" ....................... 39
16.2
DESIGNATED
USES..............................................................................
39
16.2.1 EXISTING USES .............................................................
16.2.2 ATTAINMENT OF NATIONAL GOALS ..............................
16.3
39
40
WATER QUALITY CRITERIA
..................................................................
40
16.3.1 NARRATIVE CRITERIA ................................................... 40
16.3.2 NUMERIC CRITERIA .......................................................
40
ANTIDEGRADATION..............................................................................
40
16.4
PART 17. NON-POINT SOURCE POLLUTION CONTROL PROGRAM
..............................
17.1
41
DEVELOPMENT OF PROGRAM ............................................................41
17.1.1 PURPOSE OF NPS PROGRAM ............................................... 41
17.1.2 ELEMENTS OF NPS PROGRAM............................................... 41
17.2
IMPLEMENTATION - NEW CONSTRUCTION........................................... 42
17.3
IMPLEMENTATION - EXISTING NONPOINT SOURCES
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OF POLLUTION
.........................................................................
42
17.3.1 PHASE-IN FOR EXISTING NONPOINT SOURCES ....................
17.4
42
REVIEW OF PROGRAM
.........................................................................
42
PART 18. GROUNDWATER PROTECTION
................................................................
42
[Reserved]
PART 19. TRANSPORTATION SAFETY PERMITS
......................................................
44
19.1 FINDINGS AND
GOALS............................................................................
44
19.2 PERMIT
REQUIREMENT..........................................................................
44
19.3 APPLICABILITY
....................................................................................
44
19.4 DELEGATION OF AUTHORITY TO COMMISSION AND DIRECTOR ............ 44
19.5 PROCEDURAL RULEMAKING AUTHORITY OF COMMISSION ................... 44
19.6 APPLICATION REQUIREMENTS ...............................................................45
19.6.1 MINIMUM INFORMATION
........................................................... 45
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19.6.2 STANDARDIZED APPLICATION FORMS ................................... 45
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Page
PART 19. TRANSPORTATION SAFETY PERMITS (CONTINUED)
19.7 PERMIT LIMITATIONS
.................................................................. 45
19.7.1 NON-TRANSFERABLE .............................................................45
19.7.2 ONE-YEAR PERMIT PERIOD ....................................................45
19.8 TEMPORARY PERMITS ISSUED BY DIRECTOR ........................................ 46
19.9 DISPLAY OF
PERMITS............................................................................ 46
19.9.1 ENFORCEMENT
.......................................................................
46
19.9.2 LIMIT ON TEMPORARY ORDERS ...............................................46
19.9.3 RIGHT TO
HEARING.................................................................. 46
19.10 APPLICATION FEE.............................................................................46
19.11 PENALTIES
..............................................................................47
19.11.1 NO VEHICLE PERMIT
.............................................................
47
19.11.2 OTHER VIOLATIONS
...............................................................
47
19.12
APPEALS.............................................................................................
19.13 PUBLIC NOTICE
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47
PART 20. NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMITS
[Reserved]
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Subtitle A - Use and Conservation
TRIBAL WATER CODE
OF THE
SEMINOLE TRIBE OF FLORIDA
SUBTITLE A
BENEFICIAL USE AND CONSERVATION
OF WATER RESOURCES
PART 1. INTRODUCTION
∋ 1.1 GOALS. The purpose of this Code is to establish tribal law
regulating the use and management of all water and water resources under the
legal control of the Tribe, and to provide for enforcement of these rules on all
persons engaged in well construction or other activities on reservation or Tribal
Trust Lands, in accord with the provisions of the Compact; the Manual; and any
applicable federal law; in cooperation with the State and the District.
∋ 1.2 DECLARATION OF RIGHTS. The Tribe alone has authority, subject to
federal law, to regulate water use by consumers and to manage surface water on
the Seminole federal reservation and Tribal Trust Lands. All rights to the use of
water on reservation and Tribal Trust Lands reside in the Tribe. Under the
Compact, the State and the District recognize the right of the Tribe to enforce
provisions of the Compact and to assure compliance with the terms and
conditions of approved work plans by all persons conducting well construction or
other activities on reservation and Tribal Trust Lands. This Code is adopted
under the approved Constitution and Bylaws of the Tribe, as amended.
∋ 1.3 EFFECTIVE DATE. The date of this Code is the date of approval by
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the Tribal Council of the Seminole Tribe of Florida.
∋ 1.4 REPEAL OF INTERIM CODE. On the date this Code becomes
effective, under Section 1.3, the Interim Tribal Water Code shall be deemed
repealed, and any use of water who has completed application to the Tribal
Water Office under the provisions of the Interim Tribal Water Code shall be
deemed a licensed user, as to the activity specified in the application, subject to
the further provisions of this Code.
∋ 1.5 COMMUNICATIONS WITH THE DISTRICT. All official with the District,
including but not limited to transmission of tribal work plans and notices required
by the Compact, shall be made by or to the Director.
∋ 1.6 SCOPE OF TRIBAL ACTIVITIES. All well construction or other
activities on reservation or Tribal Trust Lands approved under the authority of
this Code shall be deemed tribal activities for the purposes of this Compact.
∋ 1.7 NUMBERING SYSTEM. The numbers identifying provisions of this
Code shall be referenced as follows: "1." is a "Part"; "1.1" is a "Section"; "1.1.1"
is a "Subsection"; "1.1.1.1" is a "Paragraph"; and "1.1.1.1 (a)" is a
"Subparagraph".
PART 2. DEFINITIONS
∋ 2.1 ACTIVITIES. Activities mean consumption or other use of water
including, but not limited to, those uses listed in the Manual, or any diversion or
storage of water, or any action or inaction which directly or indirectly affects the
quality or quantity of water within the jurisdiction of the Tribe, or the fish,
shellfish or other wildlife which depend on such water.
∋ 2.2 APPLICANT. Applicant means a person who files an application with
the Department for a permit.
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∋ 2.3 DIRECTOR. Director means the Director of the tribal Water
Resource Management Department.
∋ 2.4 COMMISSION. Commission means the Seminole Water Commission,
which is empowered by the Tribal Council to administer and enforce this Code.
∋ 2.5 COMPACT. Compact means the Water Rights Compact among the
Tribe, the State and the District.
∋ 2.6 DEPARTMENT. Department means Water Resource Management
Department or its successor, which administers all provisions of this Code as
assigned by the Tribal Council or the Commission.
∋ 2.7 DISTRICT. District means the South Florida Water Management
District.
∋ 2.8 DOMESTIC USE. Domestic use means consumption in and around
the residence of the applicant by the applicant, members of his household, and
non-paying guests, and not involving the irrigation of fruits, vegetables or
livestock to be held for commercial sale, or other commercial use of water.
∋ 2.9 MANUAL. Manual means the Evaluation Criteria Manual approved
by the Tribe, the State and the District, containing specific technical and
procedural criteria.
∋ 2.10 MINOR USE. A minor use is an activity involving (a) one or more
wells, using one or more pipes, none of which have casing diameters in excess of
four inches; or (b) a pump or other device for the movement of water provided
that the total amount of water used by the activity does not exceed 100,000
gallons per day (gpd). Any other activity is a major use.
∋ 2.11 PERSON. Person means any individual, whether a member or
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Subtitle A - Use and Conservation
non-member of the Tribe, and any business entity, whether tribal, corporate or
individual, or any combination of persons, including any joint venture,
partnership or other enterprise (whether or not the Tribe, or any member
thereof, is a party to such entity or enterprise), engaged in activities within the
meaning of this Code on lands within the jurisdiction of the Tribe.
∋ 2.12 RESERVATION LANDS. Reservation Lands means all lands within
the boundaries of the Hollywood, Big Cypress and Brighton reservations, and the
tribal holdings in Collier County (Immokalee) and Hillsborough County (Tampa).
∋ 2.13 SUBSTANTIALLY AFFECTED THIRD PERSON. The term substantially
affected third person means any person, group, or entity that demonstrates a
non-frivolous interest substantially affected by the exercise of the Tribe's rights
under the Compact, or under Tribal, state or federal law. The Florida
Department of Environmental Protection, the Florida Department of Community
Affairs, and the Florida Game and Fresh Water Fish Commission, successor
agencies, and owners of lands within the basins affected by the exercise of the
Tribe's rights under the Compact are presumed to be substantially affected third
parties. This presumption can be rebutted by an affirmative showing that a state
agency or landowner does not have an interest that would be substantially
affected by the exercise of rights under the Compact. Any tribal member is
presumed to be a substantially affected third person for purposes of raising an
objection to a permit application or appealing from the issuance of a permit by
the Commission.
∋ 2.14 STATE. State means the State of Florida
∋ 2.15 TRIBAL TRUST LANDS. Tribal Trust Lands are lands held in trust by
the United States for the benefit of the Tribe
∋ 2.16 TRIBE. Tribe means the Seminole Tribe of Florida.
∋ 2.17 USER. User means any person conducting activities on lands
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Subtitle A - Use and Conservation
within the jurisdiction of the Tribe.
PART 3. GENERAL PROVISIONS
∋ 3.1 PERMITS. All persons digging wells or conducting other activities
subject to this Code on lands within the jurisdiction of the Tribe must obtain a
permit, in accordance with the procedures specified in this Code or adopted by
the Commission, before commencing such activities.
∋ 3.2 CONSTRUCTION. This Code is intended to be consistent with and to
ensure compliance with the Compact and Manual. In the case of any
inconsistency between provisions of this Code and provisions of the Compact or
the Manual, the provisions of the Compact or the Manual shall govern unless, as
to requirements of the Manual, there is a waiver granted pursuant to Section 5.2
of this Code.
∋ 3.3 JURISDICTION. The territorial jurisdiction of the Tribe extends to all
lands within the present exterior boundaries of the Hollywood, Brighton, and Big
Cypress reservations, the tribal land holdings in Hillsborough County (Tampa)
and Collier County (Immokalee), and any other lands as have been or as may
hereafter be acquired by or for the Tribe.
∋ 3.4 COMPOSITION OF WATER COMMISSION.
3.4.1 NUMBER OF COMMISSIONERS; APPOINTMENT. The
Commission shall consist of seven regular voting members, appointed by the
Tribal Council, together with the Director, who shall serve ex officio and without
a vote. Two members of the Commission shall be appointed as representatives
of each of the following Reservations: Big Cypress, Brighton and Hollywood.
One member shall be appointed as a representative of the Immokalee
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Subtitle A - Use and Conservation
Reservation.
3.4.2 STAGGERED TERMS. The terms of office of the members
shall be staggered. This shall be accomplished in the manner set forth in this
subsection. With respect to each of the members in office as of the date of
enactment of an amendment to the Tribal Water Code increasing the number of
Commissioners from three to seven, each of these current members will serve
the entirety of his/her appointed term. Each new member appointed to
represent the Big Cypress, Brighton, or Hollywood Reservation will be appointed
to a term of office that will expire one year after the expiration of the term of
office of the member currently in office representing that Reservation. (For
example, if the current member representing Big Cypress has two years
remaining in his/her term, the new member will be appointed to a three year
term. For the Reservation whose current member's term expires at the same
time that the membership of the Commission is increased, the first term for the
new position for that Reservation shall be four years.) The member appointed to
represent Immokalee will serve an initial term of three years.
3.4.3 DURATION OF TERMS. After the initial term, the members
shall have three-year terms.
3.4.4 SELECTION OF CHAIR. The voting members shall elect
annually a Chairman among themselves.
3.4.5 COMPENSATION AND REIMBURSEMENT. Compensation and
reimbursement of members shall be in accordance with the recommendation of
the Director as reviewed and approved by the Tribal Council of the Seminole
Tribe of Florida. Commission members shall be paid on a fixed meeting basis
plus approved travel allowance to the site of the meeting in accordance with the
travel regulations of the Tribe in effect at the time of the meeting.
3.4.6 REMOVAL OF COMMISSIONER. If any Commissioner, during
his term of office, fails to attend three or more consecutive regular meetings of
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Subtitle A - Use and Conservation
the Commission, or is, in the judgment of the other Commissioners, unwilling or
unable to perform, or guilty of malfeasance in performing, the duties of
Commissioner, the other Commissioners may, by vote of five of the remaining six
Commissioners, recommend to the Tribal Council the removal of such
Commissioner during his term. If the Tribal Council removes the affected
Commissioner, a replacement shall be appointed by the Tribal Council to fill the
unexpired term of the replaced Commissioner.
∋ 3.5 COMMISSION PROCEDURAL RULES
3.5.1 MEETING REQUIREMENTS; QUORUM. The Commission shall
meet regularly, at least once each month, and may, at any regular meeting, or at
a special meeting duly noticed and called by the Chairman for that purpose,
adopt or amend procedural rules consistent with this Code and the Compact and
necessary to enforce this Code. A quorum shall consist of any two voting
members. The business of the Commission shall be transacted pursuant to
procedural rules adopted under authority of this Section.
3.5.2 EFFECT OF PROCEDURAL RULES. Any procedural rules
adopted under the authority of this Section, and consistent with the provisions of
this Code, shall have the force and effect of tribal law.
3.5.3 WHEN RULES EFFECTIVE. Any procedural rule adopted under
the authority of this Section shall be effective upon publication, as defined in
Subsection 3.5.5 of this Code, unless another effective date is specified in the
procedural rule.
3.5.4 WHEN RULES EXPIRE. Any such procedural rule shall remain
effective until:
3.5.4.1 It expires by its own terms, if an expiration date is
specified in the rule; or
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3.5.4.2 It is modified or repealed by the Commission; or
3.5.4.3 It is modified or repealed by a duly enacted
resolution of the Tribal Council.
3.5.5 PUBLICATION. For the purposes of this Section, publication
shall consist of the following:
3.5.5.1 Posting in at least one conspicuous public place on
each reservation for a period of not less than one week; and
3.5.5.2 Direct mail to every permitted major user of water
or any other person who has requested such notice at the address
shown in the water use registration application of request for
notice.
3.5.6 REVIEW OF CODE. At least once every five years, or sooner
if the Director so recommends, the Commission shall review this Code and
procedural rules adopted under this authority, and recommend to the Tribal
Council any amendments needed in this Code to improve the tribal water
management system.
3.5.7 OPTIONAL FEES. The Commission shall have the right to set
a schedule of reasonable fees, including penalties for late filings, for any
application or permit required for the use or management of water under this
Code. The fee schedule, and any modification to it, shall be effective on
publication as specified in Subsection 3.5.5 of this Code. This schedule may be
modified from time to time by the Commission.
3.5.8 PERMITS. Each permit issued by the Commission shall
identify: the name and address of the applicant, the activity and the location of
the activity described in the application, and any conditions required by the
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Subtitle A - Use and Conservation
Commission.
3.5.8.1 The Commission, in granting any permit for a
proposed activity, shall impose such conditions as assure that the proposed
activity:
(a) Makes provision for adequate flood protection
and drainage;
(b) Will not adversely impact water quality or
quantity on receiving waters and adjacent lands;
(c) Will not adversely impact surface and
groundwater levels and flows;
(d) Will not adversely impact the environment;
(e) Can be effectively operated and maintained;
(f) Will not adversely affect public health;
(g) Will not be harmful to water or water resources
of the reservation or Tribal Trust Lands; and
(h) Is, in the opinion of the Director, the most
acceptable alternative available.
3.5.8.2 The Commission may impose conditions on any
permit, to assure that the proposed activity is consistent with the overall
objectives of this Code and will not harm the water or water resources of the
reservation or Tribal Trust Lands.
3.5.8.3 Employees of the Department are authorized to
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As Amended through January 1995
Subtitle A - Use and Conservation
enter the site of any permitted activity to inspect, monitor or enforce permit
conditions.
3.5.8.4 A permit issued under this Code constitutes a tribal
license to use, drain or divert water, subject to all conditions of the permit and
the provisions of this Code. Such permit does not convey any ownership interest
in the water or water resources of the Tribe.
3.5.8.5 Any permit issued under the provisions of this Code
may be revoked by the Commission, on the recommendation of the Director, on
the following conditions:
(a) The commission finds that the permittee has
violated the provisions of this Code, the Compact or the
Manual; or
(b) The Commission finds that the permittee has
violated or failed to comply with the conditions of his permit;
or
(c) The permit is in force, but the Commission finds
that the permittee has not proceeded in a timely fashion to
construct facilities authorized under the terms of the permit,
if required, and more than one year has elapsed since the
permit was issued.
3.5.8.6 Where an application for a proposed activity is
submitted to the Director, which, in the judgment of the Commission, upon
recommendation by the Director, does not significantly affect any interest
protected by this Code, the Compact or the Manual, the Commission may
suspend further proceedings and grant a Special Permit exempting the proposed
activity from any further procedures ordinarily required under this Code.
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Subtitle A - Use and Conservation
3.5.8.7 Applications to modify any activity licensed under
this Code may be made by letter to the Department, providing sufficient
information so that the Director may determine that the modification does not:
(a) Substantially alter the permitted activity;
(b) Increase the authorized off site discharge;
(c) Alter the environmental features of the project;
(d) Decrease the required flood control elevations for
roads or buildings;
(e) Decrease the required retention/detention; or
(f) Decrease the pollution removal efficiency.
3.5.8.8 The Commission may grant, grant with conditions,
or deny an application for permit at its next regularly scheduled meeting
following receipt of the Director's Report and any additional information it has
requested.
3.5.9 INCLUSION IN WORK PLAN. The substance of any proposed
activity approved the the Commission shall be included by the Director in the
tribal work plan or work plan amendment next submitted to the District, under
the provisions of Part 4.0 of this Code.
3.5.10 EARLY WORK ORDERS. Pursuant to authority recognized in
section 7.1.4 of the Manual, the Department may authorize such work prior to
the approval of a Tribal Work Plan which includes the work. The Commission's
rules shall establish procedures through which a person may apply to the
Department for an early work order. The procedures contained in the
Commission's rules shall ensure that the Department will not issue an early work
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order unless the work that would be authorized by such an order qualifies for an
early work order and otherwise meets the requirements specified in section 7.1.4
of the Manual. In particular, the Commission's rules shall include provisions to
ensure that:
3.5.10.1 The work covered by an early work order satisfies
the conditions set forth in Paragraph B of subsection 7.1.4.1 of the Manual.
Director:
3.5.10.2 Prior to the issuance of an early work order, the
(a) makes a determination, based on a report
prepared by the Department, that the proposed work
qualifies for an early work order and, if conducted as
planned, would comply with the Tribal Water Code, the
Compact, and all applicable federal and tribal environmental
laws and regulations;
(b) provides the District with a copy of the application
and the Department's report on the application and gives
notice to the District that, unless the District disapproves of
the application with ten (10) days, the Department will issue
an early work order;
3.5.10.3 If, within ten (10) days of receipt of notice from
the Director, the District:
(a) objects, then an early work order shall not be
issued; or
(b) concurs only if specific conditions are included,
then such conditions shall be included if an early work order
is issued;
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3.5.10.4 Any early work that is issued includes conditions in
accordance with paragraph B of subsection 7.1.4.2 of the Manual;
3.5.10.5 A summary report of all work authorized under
early work orders is included in the next annual work plan submitted to the
District;
3.5.10.6 The Director may revoke or suspend an early work
order for any violation of any condition included in the early work order; and
3.5.10.7 No construction or alteration of a surface water
management system shall be commenced under an early work order until the
permittee receives written authorization to proceed from the Department.
∋ 3.6 ADMINISTRATIVE PROCEDURES
3.6.1 AVAILABILITY OF CODE AND RULES. The Director shall
maintain and provide for inspection upon request a complete copy of this Code
and any amendments to it, and all rules adopted by the Commission.
3.6.2 AUTHORITY OF THE DIRECTOR. The Director is authorized to
enforce this Code and the duly adopted procedural rules of the Commission, as
specified herein.
3.6.2.1 The Director may issue citations to any person
subject to this Code whom he reasonably believes has violated the Compact, the
Manual, this Code or any procedural rule duly adopted by the Commission.
3.6.2.2 Such citation shall require the person cited to
appear before the Commission on a date specified in the citation for a hearing on
the charge specified in the citation. The citation shall give notice of the specific
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relief to be requested from the Commission.
3.6.2.3 In no event shall the required appearance be less
than five nor more than sixty days from the date of the citation, unless both the
Director and the person cited or his representative agree to another date or
settle the matter, and so inform the Commission before its next scheduled
meeting.
3.6.2.4 When the Commission appearance is scheduled for
a date more than ten days after the date of the citation, and the Director
believes the practice constituting the alleged violation represents a serious, on
going threat to the health or safety of the Tribe or any member thereof, the
Director may apply, with or without notice to the alleged violator, to the
Commission Chairman who may, in his discretion, issue and Order on behalf of
the Tribe to Cease and Desist or modify the threatening practice.
3.6.2.5 The Director may seek and obtain the assistance of
the Seminole Department of Law Enforcement to:
(a) Deliver a copy of the Cease and Desist or
Modification Order, or any order of the Commission, to the
alleged violator, including a copy of any citation issued by
the Director; and
(b) Enforce the Order to Cease and Desist or any
action of the Commission after hearing specified in
Paragraph 3.6.2.2.
3.6.2.6 At the hearing specified in Paragraph 3.6.2.2, the
alleged offending party shall be given an opportunity to be heard, to present and
to question witnesses. The Commission, in its discretion, may designate a
hearing officer other than the Director or a member of the Commission to
conduct the hearing on its behalf and report findings and recommended action to
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the Commission. At the conclusion of the hearing, or after receiving the report
of the hearing officer, the Commission may:
(a) Vacate the citation;
or
(b) Approve the relief recommended in the citation;
(c) Order such other relief as may be appropriate.
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3.6.3 APPLICATION FOR PERMIT
3.6.3.1 Any person who intends to dig a well or use, drain
or divert surface or ground waters of the reservation or Tribal Trust Lands,
unless the person intending to engage in such activity is already a tribally
licensed user under Section 1.4 of this Code for such activity, must apply for a
permit to dig a well or engage in such activity, before digging the well or
engaging in the activity.
3.6.3.2 The applicant must provide sufficient information in
the application to permit the Director to determine whether the well or other
proposed use drainage or diversion is consistent with the purposes of this Code.
3.6.3.3 The Director may require additional information
sufficient to determine whether the proposed use, well or drainage or diversion
presents any threat to the health or safety, or to the economic interests, of the
Tribe or any member thereof, or to the water, water resources or physical
environment o, the reservation or Tribal Trust Lands.
3.6.3.4 The Director shall prepare standardized forms for
use in making all applications required under this Code, subject to the approval
of the Commission.
(a) Each application for permit shall contain: a
completed application form; a copy of construction plans; a
sufficient description to locate the site of the proposed
activity and related facilities on aerial photographs
maintained by the Department; basic technical data about
the proposed activity, including minimum road and floor
levels: proposed discharge rate, retention/detention volume,
and design of any irrigation pipe, well or pump; and
(b) Any other necessary information required by the
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Director.
3.6.3.5 No application shall be deemed properly filed nor
accepted by the Director unless accompanied by the appropriate filing or other
required fee, if any.
3.6.3.6 An application mailed or delivered to the
Department without the appropriate fee, if any, shall be returned to the sender
without being considered, with notification of the appropriate fee due.
3.6.3.7 The Director shall be responsible for collecting,
safeguarding, and accounting for any fees collected by the Department until
deposited to the credit of the Tribe.
3.6.3.8 Notwithstanding any other provision of this section,
the Director may waive the filing fee for any applicant for the minor use of water,
provided that:
(a) The application is for an activity involving water
exclusively for the domestic use of the applicant; and
(b) Waiver of the fee is consistent with the purposes
of this Code.
3.6.3.9 In the event of any such waiver, the affected
application shall be marked "fee waived" and signed by the Director.
3.6.4 FILING OF APPLICATIONS
3.6.4.1 When any time limit specified in any section of this
Code, or under any procedural rule, expires on a Saturday, Sunday or holiday
during which the Department is officially closed, the time limit shall automatically
be extended to the next business day during which the Department is officially
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open.
3.6.4.2 Notwithstanding any other provision of this Code,
the Director may extend, without penalty the applicant, for up to 60 days, the
time available for completing any application or for otherwise complying with any
requirement of this Code, when, in the judgment of the Director:
(a) The applicant is making a good faith attempt to
meet the requirements of this Code; and
(b) The objectives of this Code are served by
extending the deadline applicable to the person to whom the
extension is granted.
3.6.4.3 The Director shall maintain at the Department a
record of any application received and accepted for filing, together with a record
of any fee received with the application. The Director shall note on the face of
the filed application the amount of any fees received with the application, and
return to the applicant a duplicate copy of the application including the notation.
The Director shall also publish any application accepted for filing in the manner
prescribed in Subsection 3.5.5 of this Code.
3.6.5 DIRECTOR'S REPORT. The Director shall, within 30 days of
the filing of any application or objection under Subsection 3.6.7, whichever is
later, investigate all aspects of the proposed activity including engineering,
environmental and legal. The Director shall prepare a Report which includes
analysis of the proposed activity, its likely consequences, any objections received
and their resolution, and his recommendation for granting, granting with
conditions, or denying the permit, and submit it to the Commission at its
scheduled meeting. Where such analysis requires outside technical assistance,
the Director shall assess a processing fee, consistent with the expenses incurred,
and collect the fee from the applicant.
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3.6.6 REPRESENTATION. Any person required to submit an
application for permit or to comply with any provision of this Code, or any
procedural rule, or who receives a citation or an Order to Cease and Desist, or
other order, or is otherwise subject to this Code, may represent himself, or
appear with counsel, or be represented by counsel of his choice, at his sole
expense, in any procedure covered by this Code.
3.6.7 OBJECTIONS TO APPLICATIONS. Any substantially affected
third person may file an objection to an application for a permit. Any such
person who objects to any application under this section must notify the Director
of his objection not later than fifteen days following publication of the
Application, unless the time is extend for good cause shown.
3.6.7.1 Any objection must be submitted in writing to the
person objecting or his representative, with such information as the Director
may require in order to understand the basis of the objection.
3.6.7.2 Upon receipt of such objection, if, in the judgment
of the Director, there is good cause for the objection, notwithstanding the time
limit in subsection 3.6.5, the Director shall not file the applicable Report with the
Commission until the applicant has resolved the objection, or thirty days have
elapsed, whichever first occurs. Oral or written acknowledgment by the person
filing the objection that the objection is resolved is sufficient. If the objection is
unresolved at the time of the filing of the Director's Report, the Director shall so
note in the Report.
3.6.8 GRIEVANCE AND APPEAL PROCEDURE
3.6.8.1 Any person aggrieved by action of the Director may
file a notice of appeal addressed to the Commission, specifying the aggrieved
person's name, address, the basis for grievance, and the relief requested, by
mailing or delivering a copy to the Department and to the General Counsel of the
Tribe, at least ten days prior to any regularly scheduled meeting of the
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Commission. The Director may, if he chooses, respond in writing by providing a
copy of his response to each Commissioner, and by delivering or mailing by
certified mail a copy of the response to the aggrieved person at the address
specified. For the purposes of this action, an aggrieved person is one who
objects to any final decision or other final action by the Director on any
application or other procedure under this Code.
3.6.8.2 The Commission shall consider any timely filed
grievance at its next regular meeting by reviewing any notices of appeal received
from aggrieved parties and other interested persons, and any response received
from the Director. Upon such consideration, the Commission shall issue a written
Order to take one of the following actions:
(a) Sustain the final decision or action by the
Director; or
(b) Grant the relief requested by the aggrieved party,
or such other relief as the Commission deems appropriate;
or
(c) Set the matter for hearing on a date certain either
before the Commissioner before a hearing officer (other than
the Director) designated by the Commission, who shall
report findings and recommend action to the Commission.
At such hearing, the aggrieved person and the Director shall
have the opportunity to be heard, to present an question
witnesses, and to present photographic or documentary
evidence. Following a hearing by the Commission, or report
by the hearing officer, the Commission shall take action in
accordance with Subparagraph (a) or (b) of this Paragraph.
3.6.8.3 All notices of appeal, responses, reports, orders and
documentary or photographic evidence received as a result of a grievance
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proceeding, shall be retained in a file under the name of the aggrieved person at
the Department and the office of the General Counsel of the Tribe. A separate
fill shall be maintained for each activity or grievance for which an aggrieved
person may file a grievance or appeal.
3.6.8.4 Any person aggrieved by any final action or order of
the Commission may file a Notice of Appeal addressed to the Commission,
specifying the aggrieved person's name, address, the basis for the appeal, and
the relief requested, by mailing or delivering a copy of the Notice of Appeal to
the Office of General Counsel at least ten days prior to any regularly scheduled
meeting of the Tribal Council. The General Counsel shall, at the earliest
practicable time, provide a complete copy of the Notice of Appeal to the Director.
The Director shall respond in writing by providing a copy of the Commission
action or order at issue together with any applicable report of the Director, or of
a hearing officer, and any other papers, responses, or documentary or
photographic evidence in the file, and the Director's response to the appeal, to
the General Counsel, and by delivering or mailing a copy of the response to the
appellant at the address specified.
3.6.8.5 The General Counsel shall instruct the Tribal
Secretary to note the matter by name of the aggrieved party on the agenda of
the Tribal Council under "new business", and to distribute all papers received
from aggrieved persons and all responses received from the Director to each
member of the Tribal Council with the agenda for the meeting. The Tribal
Council, in its discretion, may:
(a) Decline to consider the grievance;
(b) Consider the grievance based on the papers filed;
(c) Provide a limited time for interested persons to be
heard on the subject of the grievance; or
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(d) Appoint a Referee to consider the grievance, and
report recommendations to the Tribal Council at a
subsequent meeting.
3.6.9 NOTICE TO DISTRICT. The Director shall provide a copy of
any proposed amendment to this code to the District at least ten days before the
amendment is adopted by the Tribe.
∋ 3.7 MANDATORY LEASE PROVISION. Any lease or sublease of tribal
lands or resources executed on or after the effective date of this Code shall
require the lessee to acknowledge, as a material condition of the lease,
agreement to be bound by the terms and procedures of this Code and by any
procedural rules adopted by the Commission pursuant to this Code. Any tribal
approval of any such lease or sublease which does not contain a provision
complying with this section shall be void.
∋ 3.8 SEVERABILITY. Should any provision of this Code be declared
invalid, unconstitutional or otherwise unenforceable, the remainder of this Code
shall be in full force and effect.
∋ 3.9 REQUEST FOR DISTRICT ACTIONS. The Commission, in its discretion,
may recommend to the Tribal Council, that it seek the assistance of the District
to enforce the provisions of the Compact against any person other than the
Tribe, as provided in part VII, Section A, of the Compact. Upon deciding to seek
such assistance, the Tribal Council shall notify the Director, who will transmit the
request to the District.
PART 4. TRIBAL WORK PLANS
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∋ 4.1 PREPARATION OF TRIBAL WORK PLANS. Tribal work plans required
under the Compact and any amendment to such plans will be prepared by the
Director, approved by the Commission, and submitted to the Tribal Council for
approval no later than 10 days before its next scheduled meeting prior to the
date when the Director must submit such plan or amendment to the District.
∋ 4.2 WORK PLAN SUBMISSION. The Director shall submit work plans or
amendments to the District after approval by the Tribal Council.
∋ 4.3 IMPLEMENTATION AFTER DISTRICT PROPOSES AMENDMENT. On
recommendation of the Director and the General Counsel of the Tribe, consistent
with the timeframes and procedures set forth in the Manual, the Tribal Council
will determine whether or not to implement the work plan with or without
adopting amendments requested by the District.
PART 5. SUBSTANTIVE REQUIREMENTS
∋ 5.1 INCORPORATION OF COMPACT AND MANUAL BY REFERENCE. The
substantive requirements as to water use, management and storage of surface
waters and environmental protection contained in the Compact and Manual are
hereby incorporated by reference as tribal law, and all persons conducting
activities on reservation or Tribal Trust Lands shall comply with these
requirements.
∋ 5.2 WAIVERS. The Commission, with advice of the Director, may allow
a waiver of any provision of the Manual, provided that such waiver will not result
in any violation of the Compact or this Code.
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Note: The Tribal Water Code was originally adopted by the Tribal Council of the Seminole Tribe
of Florida in Ordinance No. C-03-89,adopted September 20, 1988, and became effective on that
date. The original Tribal Water Code was amended and redesignated "Subtitle A -- Beneficial Use
and Conservation of Water Resources" by the Tribal Council in Resolution No. C-216-94, May 19,
1994, and the amendments became effective on that date.
The Tribal Council enacted amendments to Subtitle A by the adoption of Resolution No. C-91-95,
January 12, 1995. These amendments: (1) amended subsections 3.4.1, 3.4.2 and 3.4.6 to
authorize the expansion of the membership of the Commission from three (3) members to seven
(7) members and to provide for the appointment and removal of Commissioners; (2) amended
subsection 3.6.7 to provide that any "substantially affected third person" may file an objection to
an application for a permit, and made a corresponding amendment in part 2 by adding a new
definition of "substantially affected third person" and revising the numerical designations of the
remaining definitions in that part; and (3) added a new subsection 3.5.10 authorizing the
Commission, in its Rules, to authorize the Department to issue "early work orders."
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Subtitle B - Water Quality
TRIBAL WATER CODE
OF THE
SEMINOLE TRIBE OF FLORIDA
SUBTITLE B
WATER QUALITY CODE
PART 11. GENERAL PROVISIONS
∋ 11.1 STATEMENT OF FINDINGS. The Tribal Council of the Seminole Tribe
of Florida finds that:
11.1.1 The surface waters, groundwater and wetlands within the
Tribe's Reservations are used by the Tribe and by tribal members for a variety of
purposes and that exposure to pollutants that may be present in, or may be
introduced into, the surface waters, groundwater or wetlands of the Reservations
threatens the health and welfare of members of the Seminole Tribe and other
persons who reside or conduct business within the Tribe's Reservations;
11.1.2 The rights of members of the Tribe to carry on traditional
cultural activities depends upon the protection of the natural environment,
including the quality of surface waters, groundwater and wetlands;
11.1.3 The discharge of pollutants into surface waters on Tribal
lands, on leased or permitted Indian trust lands, and on privately owned or
controlled lands within the Tribe's Reservations could adversely affect the health
and welfare of tribal members;
11.1.4 The Tribal Council has the authority under the Tribe's
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Subtitle B - Water Quality
Constitution and the responsibility to tribal members to enact legislation to
control sources of water pollution on all lands within the Tribe's Reservations,
including privately owned or controlled lands;
11.1.5 By developing a tribal water quality regulatory program, the
Tribe will be better able to ensure that, in exercising its rights to use Reservation
lands for development activities to enhance the general welfare of Reservation
communities, the development activities that the Tribe chooses to pursue, and
those that the Tribe allows tribal members to pursue, will be environmentally
sustainable;
11.1.6 Water quality in some of the surface waters of the Tribe's
Reservations has been adversely affected by the discharge of pollutants from
sources that are outside the boundaries of the Tribe's Reservations;
11.1.7 The Tribe has certain rights under the Water Rights
Compact to influence the terms of permits issued by the South Florida Water
Management District in order to protect waters flowing through the Tribe's
Reservations from water pollution, as well as certain obligations to ensure that
the Tribe's activities will not cause significant pollution of surface or ground
waters;
11.1.8 The enactment of this Water Quality Code is fully consistent
with the Tribe's rights and obligations under the Water Rights Compact.
∋ 11.2 DECLARATION OF GOALS AND POLICY
11.2.1 NATIONAL GOALS AND POLICY. The Tribal Council endorses
the Congressional declaration of goals and policy in the federal Clean Water Act
(33 U.S.C. ∋ 1251), in particular:
11.2.1.1 the national goal that the discharge of pollutants
into navigable waters be eliminated;
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Subtitle B - Water Quality
11.2.1.2 the interim national goal of water quality that
provides for the protection and propagation of fish, shellfish and wildlife and
provides for recreation in and on the water (commonly known as the goal of
"fishable-swimmable" water quality);
11.2.1.3 the national policy that the discharge of toxic
pollutants in toxic amounts be prohibited;
11.2.1.4 the national policy that programs for the control of
nonpoint sources of pollution be developed and implemented in an expeditious
manner so that the goals of the Clean Water Act can be met through the control
of both point and nonpoint sources of pollution.
11.2.2 TRIBAL POLICIES. In addition to the National goals and
policy endorsed above, the Tribal Council declares the following tribal water
quality policies:
11.2.2.1 Recognizing that economic development and
environmental protection cannot be pursued in isolation but, rather, are
necessarily interrelated, it is the policy of the Tribe to protect the quality of the
surface waters and groundwater of the Reservations in order to support the
efforts of the Tribe to pursue economic development.
11.2.2.2 Recognizing that each member of the Tribe has the
right to carry on hunting, fishing and other traditional Seminole cultural practices,
it is the policy of the Tribe to maintain water quality for the conservation of the
habitat of culturally important fish and wildlife and for the conservation of
culturally important plant life.
11.2.2.3 Recognizing that the quality of groundwater is
important for many purposes, including human consumption, and recognizing
that restoring the quality of groundwater after it has been contaminated is both
costly and technically difficult, it is the policy of the Seminole Tribe to prohibit the
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Subtitle B - Water Quality
degradation of groundwater.
11.2.2.4 Recognizing that wetlands provide a variety of
environmental benefits, including wildlife habitat and recharge of groundwater, it
is the policy of the Seminole Tribe to ensure that the functions and values of
wetlands will be protected and that when any activities that are subject to this
Subtitle may result in adverse impacts on wetlands, such impacts will be
considered fully prior to allowing the activities to proceed; any such adverse
impacts should be avoided if practicable, and, where avoidance is not practicable,
appropriate mitigation measures shall be planned and implemented.
11.2.2.5 Recognizing that the Seminole Tribe has entered
into an historic Water Rights Compact with the State of Florida and the South
Florida Water Management District, it is the policy of the Tribe that all tribal
activities relating to water quality be consistent with the rights, entitlements and
obligations of the Tribe under the Compact.
∋ 11.3 PURPOSES. The purposes of this Water Quality Code are:
11.3.1 to protect the health and welfare of members of the
Seminole Tribe and others who reside or conduct business within the Tribe's
Reservations;
11.3.2 to protect the rights of tribal members to carry on
traditional cultural activities and to protect the wild plants and animals and other
aspects of the natural environment that are important for carrying on traditional
cultural activities;
11.3.3 to ensure that development activities that may be carried
out by the Tribe to enhance the general welfare of Reservation communities, or
that may be carried out by private persons pursuant to the Tribal Land Use Code,
will not result in violations of Tribal water quality standards.
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Subtitle B - Water Quality
∋ 11.4 COMPREHENSIVE WATER QUALITY PROGRAM. It is the intent of the
Tribal Council to establish a comprehensive program to regulate water quality
within the Tribe's Reservations. Although the regulatory program will be
developed in phases, it is the Council's intent that the regulatory program
ultimately will cover the full range of activities that may result in adverse impacts
on water quality of surface waters, groundwater and wetlands, including both
point sources and nonpoint sources of pollution.
∋ 11.5 EFFECTIVE DATE. The effective date of this Code is sixty (60) days
after the date of approval by the Tribal Council, except that the delegations of
authority to the Commission and the Department shall take effect immediately
upon enactment.
∋ 11.6 DEFINITIONS. The following definitions apply for purposes of this
Subtitle and the Commission's rules. In addition, the Commission's rules may
include additional definitions for terms used in the rules provided that any such
definition may not be inconsistent with the use of such a term in statutes or
regulations administered by EPA.
The term the Act means the Clean W ater Act (CW A) , as amended, 33
U.S.C. 1251 et seq., which is also known as the Federal Water Pollution Control
Act (FWPCA).
The term best m anagem ent practice (BM P ) means methods,
measures or practices selected by an agency to meet its nonpoint source control
needs. BMPs include but are not limited to structural and nonstructural controls
and operation and maintenance procedures. BMPs can be applied before, during
and after pollution-producing activities to reduce or eliminate the introduction of
pollutants into receiving waters.
The term criteria means elements of water quality standard, expressed
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Subtitle B - Water Quality
as constituent concentrations, levels, or narrative statements, representing a
quality of water that supports a particular use. When criteria are met, water
quality will generally protect the designated use.
The term designated uses means those uses specified in water quality
standards for each water body or segment whether or not they are being
attained.
The term discharge of a pollutant and the term discharge of
pollutants each means (A) any addition of any pollutant to navigable waters
from any point source, (B) any addition of any pollutant to the waters of the
contiguous zone or the ocean from any point source other than a vessel or other
floating craft.
The term effluent lim itation means any restriction imposed by the
Director on quantities, discharge rates, and concentrations of "pollutants" which
are "discharged" from "point sources" into "waters of the United States," the
waters of the "contiguous zone," or the ocean.
The term existing uses means those uses actually attained in the water
body on or after November 28, 1975, whether or not they are included in the
water quality standards.
The term hazardous substance means any substance designated under
40 CFR part 116 pursuant to section 311 of the CWA.
The term license or perm it means any license or permit granted by an
agency of the Federal Government to conduct any activity which may result in
any discharge into the navigable waters of the United States.
The term licensing or perm itting agency means any agency of the
Federal Government to which application is made for a license or permit.
The term National P ollutant Discharge Elim ination System
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Subtitle B - Water Quality
(NP DES) means the national program from issuing, modifying, revoking and
reissuing, terminating, monitoring and enforcing permits, and imposing and
enforcing pretreatment requirements, under sections 307, 402, 318, and 405 of
CWA. The term includes an "approved program."
The term navigable w aters means the waters of the United States,
including the territorial seas.
The term nonpoint source means any source of pollutants into
Reservation surface waters other than a point source.
The term ow ner or operator means the owner or operator of any
"facility or activity" subject to regulation under the NPDES program.
The term person means an individual, association, partnership,
corporation, municipality, tribal, state or federal agency, or an agent or employee
thereof.
The term point source means any discernible, confined, and discrete
conveyance, including but not limited to, any pipe, ditch, channel, tunnel,
conduit, well, discrete fissure, container, rolling stock, concentrated animal
feeding operation, landfill leachate collection system, vessel or other floating
craft from which pollutants are or may be discharged. This term does not
include return flows from irrigated agriculture or agricultural storm water runoff.
(See 40 C.F.R. ∋122.3).
The term pollutant means dredged spoil, solid waste, incinerator residue,
sewage, garbage, sewage sludge, munitions, chemical wastes, biological
materials, radioactive materials, heat, wrecked or discarded equipment, rock,
sand, cellar dirt and industrial, municipal, and agricultural waste discharged into
water. This term does not mean (A) "sewage from vessels" within the meaning
of Section 312 of the Act; or (B) water, gas or other material which is injected
into a well to facilitate production of oil or gas, or water derived in association
with oil or gas production and disposed of in a well, if the well is used either to
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Subtitle B - Water Quality
facilitate production or for disposal purposes, has been approved under authority
of the federal Safe Drinking Water Act or other applicable federal law, and if such
Commission determines that such injection or disposal will not result in the
degradation of ground or surface water resources.
The term pollution means the man-made or man-induced alteration of
the chemical, physical, biological, and radiological integrity of water.
The term publicly ow ned treatm ent w orks ("P OTW ") means any
device or system used in the treatment (including recycling and reclamation) of
municipal sewage or industrial wastes of a liquid nature which is owned by a
state, tribe or municipality. This definition includes sewers, pipes, or other
conveyances only if they convey wastewater to a POTW providing treatment.
The term R eservation surface w aters means waters of the United
States that are located within the boundaries of the Tribe's Reservations.
The term Section 304(a) criteria means criteria that are developed by
EPA under authority of section 304(a) of the Act based on the latest scientific
information on the relationship that the effect of a constituent concentration has
on a particular aquatic species and/or human health. This information is issued
periodically to the states and tribes as guidance for use in developing criteria.
The term toxic pollutant means any pollutant listed as toxic under
section 307(a)(1) of the Act or, in the case of "sludge use or disposal practices,"
any pollutant identified in regulations implementing section 405(d) of the CWA.
The term w ater quality lim ited segm ent means any segment of a
body of water where it is known that water quality does not meet applicable
water quality standards, and/or is not expected to meet applicable water quality
standards, even after the application of the technology-based effluent limitations
required by sections 301(b) and 306 of the Act.
The term w ater quality m anagem ent (W QM ) plan means a tribal,
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state or areawide waste treatment management plan developed and updated in
accordance with the provision of sections 205(j), 208 and 303 of the Act.
The term w ater quality standards (W QS) means provisions of tribal,
state or federal law which consist of a designated use or uses for the waters of
the United States and water quality criteria for such waters based upon such
uses. Water quality standards are to protect the public health or welfare,
enhance the quality of water and serve the purposes of the Act.
The term w aters of the United States or w aters of the U.S. means:
(a) All waters which are currently used, were used in the past, or
may be susceptible to use in interstate or foreign commerce, including all
waters which are subject to the ebb and flow of tide;
(b) All interstate waters, including interstate "wetlands;"
(c) All other waters such as intrastate lakes, rivers, streams
(including intermittent streams), mudflats, sandflats, "wetlands," sloughs,
prairie potholes, wet meadow, playa lakes, or natural ponds the use,
degradation, or destruction of which would affect or could affect interstate
or foreign commerce including any such waters:
(1) Which are or could be used by interstate or foreign
travelers for recreational or other purposes;
(2) From which fish or shellfish are or could be taken and
sold interstate or foreign commerce; or
(3) Which are used or could be used for industrial purposes
by industries interstate commerce;
(d) All impoundments of waters otherwise defined as waters of the
United States under this definition;
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(e) Tributaries of waters identified in paragraphs (a) through (d) of
this definition;
(f) The territorial sea; and
(g) "Wetlands" adjacent to waters (other than waters that are
themselves wetlands) identified in paragraphs (a) through (f) of this
definition.
Waters of the United States do not include prior converted
cropland. Notwithstanding the determination of an area's status as prior
converted cropland by any other federal agency, for purposes of the Clean
Water Act, the final authority regarding Clean Water Act jurisdiction
remains with EPA.
The term w etlands means those areas that are inundated or saturated
by surface 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.
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PART 12. DUTIES OF THE COMMISSION
∋ 12.1 GENERAL; DELEGATION OF AUTHORITY. The Commission is the
agency of the Tribe that is charged with authority to establish policies, resolve
disputes and order enforcement actions to carry out this Subtitle of the Code.
The Tribal Council hereby delegates to the Commission the authority necessary
to carry out these duties and responsibilities, subject to review and oversight by
the Council as provided in this Subtitle and in Subtitle A of the Code.
∋ 12.2 DUTIES AND RESPONSIBILITIES. The Commission shall carry out
the duties and responsibilities listed in this part.
12.2.1 WATER QUALITY MANAGEMENT PLANNING. The Commission
shall exercise oversight authority over the water quality management planning
activities of the Department. Each water quality management (WQM) plan that
is developed by the Department shall be presented to the Commission for review
and approval. If the Commission disapproves of a WQM plan, in whole or in
part, the Commission shall advise the Director regarding the changes that the
Commission believes should be made. In the event that the Director and the
Commission are not able resolve any disagreement regarding the content of a
WQM plan, the matter shall be presented to the General Counsel who will
attempt to mediate a resolution of the disagreement. At the discretion of
General Counsel, a disagreement may be referred to the Tribal Council for
resolution.
12.2.2 PUBLIC INFORMATION AND COMMUNITY INVOLVEMENT. The
Commission shall develop and carry out a program to inform tribal members and
the general public about the Tribe's water quality regulatory program and to
encourage community involvement in water quality management planning. The
Commission's public information program shall be carried out through the
Department.
12.2.3 ADOPTION OF WATER QUALITY STANDARDS. The
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Commission shall exercise the authority of the Council to set water quality
standards, through the development of rules in accordance with section 12.3 of
this Subtitle.
12.2.4 CERTIFICATION OF COMPLIANCE WITH STANDARDS. The
Commission shall exercise oversight authority over the issuance or denial of
certification of compliance with water quality standards by the Director, pursuant
to subsection 13.4.4 of this Subtitle. Any person aggrieved by the issuance or
denial of such certification by the Director may appeal to the Commission, and
any person aggrieved by an Order issued by the Commission on such an appeal
may appeal to the Tribal Council. Appeals to the Commission and Council
relating to certifications of compliance with water quality standards shall be
governed by the procedures set out in subsection 3.6.8 of Subtitle A.
12.2.5 ISSUANCE OF PERMITS. Each permit issued by the
Commission pursuant to subsection 3.5.8 of Subtitle A shall impose such
conditions as may be necessary to ensure that the permit will not result in a
violation of water quality standards that have been validly adopted by the
Commission. Each annual report to the Council that is approved by the
Commission shall include a report on the Commission's experience in exercising
its existing permitting authority and shall present recommendations to the
Council on whether the delegation of additional permitting authority would help
to achieve the goals, policies and purposes of this Subtitle.
12.2.6 HEARINGS; ENFORCEMENT AND INQUIRY. Upon request by
the Director pursuant to subsection 13.4.6 of this Subtitle, the Chairman of the
Commission may issue an Order to Cease and Desist or to modify a practice that
has been alleged to violate this Subtitle. Under that subsection, the Director also
may issue a citation to any person for an alleged violation of this Subtitle. The
Commission shall serve as the forum to conduct a hearing on any citation issued
by the Director or any Order issued by the Chairman of the Commission. Any
such enforcement hearing shall be conducted in accordance with this subsection.
12.2.6.1 At the hearing, the Director, or his or her
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designate, will present the case to the Commission to establish that a violation
has occurred and that the person cited is responsible for the violation. The
Director's presentation may include the presentation of witnesses. The Director
also will present a recommended Order for the consideration of the Commission,
which may include corrective action to be taken by the alleged violator or by the
Department with the cost charged to the alleged violator, as well as the
assessment of civil penalties.
12.2.6.2 The alleged violator shall be given an opportunity
to be heard, to present witnesses and to question the Director and any witnesses
that may be presented by the Director. The alleged violator may be represented
by legal counsel at his or her own expense.
12.2.6.3 The Commission may, in its discretion, appoint a
hearing officer other than the Director or a member of the Commission to
conduct the hearing on its behalf and report findings and recommended action to
the Commission.
12.2.6.4 At the conclusion of the hearing, or after having
received the report of the hearing officer, the Commission may:
(a) Adopt the Order that has been recommended by
the Director;
(b) Modify the Director's recommended Order and
adopt it, including such relief that the Commission deems
appropriate; or
(c) Vacate the citation.
12.2.6.5 Any Order issued by the Commission after a
hearing shall include findings of fact that are supported by substantial evidence.
If the alleged violator has presented evidence at the hearing to challenge the
evidence presented by the Director in making the case that a violation has
occurred, the Commission must conclude that the findings of fact included in its
Order are supported by a preponderance of the evidence.
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12.2.6.6 In addition to whatever corrective actions and/or
civil penalties may be included in an Order of the Commission, the Commission
also may recommend that the Director refer a matter to the General Counsel for
possible referral to EPA for independent federal enforcement action. The
General Counsel is charged with deciding whether or not to refer such a matter
to EPA. In addition, the General Counsel is authorized to refer a matter to EPA
for independent federal enforcement regardless of the action taken by the
Commission after a hearing and regardless of whether the Commission has held
a hearing on a matter.
12.2.6.7 If the Commission's Order includes the assessment
of civil penalties, such penalties shall be assessed in accordance with the
schedule of civil penalties specified in the Commission's rules. Each day on
which a violation continues shall be considered a separate violation, and a
separate civil penalty may be assessed for each such violation. An Order issued
by the Commission may provide that civil penalties will be assessed at a specified
date in the future if the violator has not taken corrective action specified in the
Order by that date.
12.2.6.8 In addition to enforcement hearings on citations
and Orders issued by the Chairman of the Commission, at the request of the
General Counsel, the Commission shall serve as a forum in which to develop an
administrative record for a matter in which the General Counsel is considering
asking the EPA to pursue independent enforcement. Hearings on such matters
will be known as "inquiry hearings." The Chairman of the Commission is
authorized, at the request of the General Counsel or the Director, to issue a
subpoena to any person within the Tribe's jurisdiction to appear as a witness at
any such inquiry hearing, provided that the hearing shall be no less than ten (10)
days from the date that the subpoena is served on the person.
12.2.7 EXCLUSION FROM RESERVATIONS. In the case of any
violator who is not a member of the Seminole Tribe of Florida, if the violator fails
to comply with an order of the Commission, the Commission may hold a second
hearing to determine whether such refusal to comply constitutes such a
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substantial threat to the health, welfare or safety of members of the Tribe that
the violator should be prohibited from entering any of the Tribe's Reservations.
Such a hearing shall follow the procedural requirements of subsection 12.2.6. If
the Commission finds that exclusion is warranted, it may issue an order
prohibiting the violator from entering any or all of the Tribe's Reservations. Such
an order may be appealed to the Tribal Council pursuant to section 12.4 of this
Subtitle.
12.2.8 REPORTS. The Commission shall exercise oversight
authority over the water quality management reports prepared by the
Department for submission to the Tribal Council and to EPA, including the annual
report to the Council required by subsection 13.4.7. The Commission shall
review each water quality management report that is developed by the
Department. Upon approval by the Commission, each report to EPA shall be
submitted to the Tribal Council for review, and shall be deemed approved by the
Tribal Council unless, within fifteen (15) days after submission to the Council, the
Tribal Chairman informs the General Counsel that the report will be considered
by the Tribal Council in session. If the Commission disapproves of a report, in
whole or in part, the Commission shall advise the Director regarding the changes
that the Commission believes should be made. In the event that the Director
and the Commission are not able to resolve any disagreement regarding the
content of a report, the matter shall be presented to the General Counsel who
will attempt to mediate a resolution of the disagreement. At the discretion of the
General Counsel, a disagreement may be referred to the Tribal Council for
resolution. Upon approval by the Tribal Council, a report to EPA shall become an
official WQM report of the Tribe, and the Director shall transmit the report to
EPA.
∋ 12.3 SUBSTANTIVE RULES; WATER QUALITY STANDARDS. The
Commission shall set water quality standards by issuing substantive rules in
accordance with this section.
12.3.1 CONTENT OF RULES. The primary purpose for the issuance
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of substantive rules by the Commission is to set water quality standards. In
addition, the Commission is authorized to include in its rules any provisions that
the Commission deems necessary or advisable to carry out this subtitle, including
but not limited to:
12.3.1.1 a schedule of civil penalties that may be imposed
on violators by the Commission after a hearing pursuant to subsection 12.1.5;
12.3.1.2 a procedure through which an applicant for a
federal license or permit to conduct any activity that may result in a discharge to
surface waters, including wetlands, may apply to the Director for certification,
pursuant to section 401 of the Clean Water Act, that any such discharge will
comply with the Tribe's water quality standards and other requirements of the
Clean Water Act; and
12.3.1.3 a program for protecting the quality of
groundwater under the jurisdiction of the Tribe, in accordance with part 18 of
this Subtitle.
12.3.2 PROCEDURE FOR DEVELOPMENT OF RULES. The Commission
shall use an open procedure for the development of rules so that Tribal members
and others who reside on or do business within the Tribe's Reservations, as well
as other persons whose interests may be affected by the Tribe's adoption of
water quality standards, will have opportunities to understand the rules and to
make their views known to the Commission during the rule-making process. In
order to inform and involve the affected public, the Commission may take
appropriate steps in addition to the steps specified in this subsection. All
required publication of notice shall include publication in the Seminole Tribune or
such other news media as the Tribal Chairman may direct and posting in
accordance with paragraph 3.5.5.1 of Subtitle A. In addition, the Commission
shall develop an "interested persons" list (individuals and organizations), in
accordance with section 25.4(b)(5) of EPA's regulations, for the distribution of
notice at appropriate points in the development of the rules. If the Council
enacts an administrative procedure code that establishes requirements for the
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development of rules by Tribal agencies, the Commission shall comply with any
such requirements in addition to complying with the requirements set forth in
this section. Except in the case of interim rules under paragraph 12.3.2.13, in
the development or revision of its rules the Commission shall take the following
steps:
12.3.2.1 Publish notice of its intent to develop rules to set
water quality standards, including a non-technical explanation of what it means
to set water quality standards. The notice of intent shall explain how interested
individuals and organizations can become included in the interested persons list.
12.3.2.2 Publish notice of the availability of proposed rules,
including distribution to all persons included in the interested persons list. The
notice shall include a non-technical explanation of the proposed rules and may
also include other information as suggested in section 25.4(c) of EPA's
regulations. The notice shall provide a contact person for further information,
shall explain how persons can obtain or review a copy of the proposed rules and
other relevant documents, and shall invite persons to submit written comments
to the Commission. The notice shall provide the dates and locations of each
public meeting required under paragraph 12.3.2.3, which shall be scheduled no
less that thirty (30) days after the date of the notice. The Commission may
decide to change the date and location of any such meeting, provided that a
notice of any such change is published at least thirty (30) days prior to the
rescheduled date of the meeting. The notice may include the date and location
of the public hearing required under paragraph 12.3.2.9, below. If the
Commission does include notice of the hearing with the notice of availability of
the proposed rules, the notice specified in paragraph 12.3.2.7, below, may be
omitted. The Commission may decide to change the date and location of the
hearing, provided that notice of any such change shall be published at least 45
days prior to the rescheduled date of the hearing.
12.3.2.3 Hold at least one public community meeting on
each of the following Reservations -- Big Cypress, Brighton, Hollywood and
Immokalee -- to explain the proposed rules and to accept oral comments on the
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proposed rules, provided that if the proposed rules, or rule amendments, would
not be applicable to a Reservation, the Commission will not be required to hold a
public meeting on that Reservation.
12.3.2.4 Accept written comments on the proposed rules for
an initial comment period of not less than forty (40) days after the publication of
notice of availability. The Commission shall maintain a docket of all written
comments submitted, which shall be made available for public inspection.
12.3.2.5 Consider comments that are submitted, in
consultation with the Director.
12.3.2.6 Provide policy guidance to the Director regarding
comments made in the community meetings or submitted in written form and
consult with the Director as necessary regarding revisions to be made in the
proposed rules. The Commission may make such changes as it deems
appropriate before holding the required public hearing.
12.3.2.7 Publish notice that a hearing will be held in
accordance with EPA regulations (40 C.F.R. Part 25 and Section 131.20), at least
forty-five (45) days prior to the date of the hearing.
12.3.2.8 Make available the text of the proposed rules that
will be considered by the Commission for adoption along with other relevant
documents, no less than thirty (30) days prior to the date of the hearing. If in its
judgment, considering any comments submitted on the proposed rules within the
initial comment period, the Commission determines that there is no need to
make substantial changes in the proposed rules, the text of the proposed rules to
be considered in the public hearing may be unchanged from the text made
available with the notice of availability in paragraph 12.3.2.2, above. If the
Commission determines that substantial changes should be made in the
proposed rules, the text of the revised proposed rules shall be made available at
least 30 days prior to the date of the hearing. The text of the proposed rules
shall be accompanied by a preamble that will include a "responsiveness
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summary" in accordance with section 25.8 of EPA's regulations. This
responsiveness summary shall include a summary of comments on the proposed
rules received from the public during the initial comment period and the
Commission's responses to comments.
12.3.2.9 Hold a hearing in accordance with Sections 25.5
and 131.20 of EPA's regulations. The Commission will allow for a question and
answer session in the hearing as well as allowing time for the presentation of
testimony. The Commission shall have a transcript of the hearing prepared
within a reasonable period of time after the hearing. Written comments shall be
accepted by the Department for at least fifteen (15) after the date of the
hearing, and this comment period may be extended by the Chairman of the
Commission. Copies of the transcript shall be made available for public
inspection.
12.3.2.10 Consider testimony and other comments. At a
scheduled meeting, the Commission shall consider the testimony and comments
made at the hearing. As provided in part 13 of this Subtitle, the Department will
prepare a draft of final rules for the Commission's consideration. The
Department's draft will include a revised preamble, including a "responsiveness
summary," which takes into account any comments made at the hearing or
submitted in writing after the hearing. The Commission may make changes in
the final rules and responsiveness summary as appropriate. The Commission
may make any such changes itself during the meeting or it may ask the Director
to make the changes in accordance with the Commission's guidance.
12.3.2.11 Approve the final rules. Approval may take place
in the scheduled meeting of the Commission during which testimony and
comments made at the hearing are considered or at a subsequent meeting,
depending on the extent to which the Commission decides that the rules should
be changed in response to testimony and comments.
12.3.2.12 Submit the final rules to the Council at least
fifteen (15) days prior to a scheduled Council meeting.
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12.3.2.13 Interim rules. In the event that the Commission,
in consultation with the General Counsel, determines that there is an immediate
need for rules to be adopted or revised, the Commission may adopt interim rules,
which shall take effect upon approval by the Tribal Council. The adoption of
interim rules may be used for any aspect of the Commission's rule-making
authority set out in subsection 12.3.1 except for the adoption or revision of water
quality standards. In the adoption of interim rules, the Commission shall follow
essentially the same steps as outlined above except as provided in this
paragraph. In the step corresponding to paragraph 12.3.2.2, the rules shall be
called "interim" rather than "proposed" rules. After the publication of notice of
availability of the interim rules, the interim rules shall be submitted to the Tribal
Council as in subsection 12.3.3. If the Council approves the interim rules, they
shall take effect at that time. The Commission will follow the remaining steps in
the process to receive comments and testimony, including conducting at least
one public meeting on each Reservation within which the interim rules are
applicable. The Commission may hold a public hearing, but such a hearing is not
mandatory for interim rules. After considering public comments, and making any
revisions that the Commission deems appropriate, the interim rules shall be
submitted again to the Tribal Council for its approval in accordance with
subsection 12.3.3.
12.3.3 APPROVAL OF RULES BY COUNCIL. Final rules adopted by
the Commission must be submitted to the Council for ratification at a regular or
special meeting of the Council. If the Council so directs, the final rules shall be
revised and resubmitted to the Council. Ratification by the Council shall
constitute the adoption of water quality standards by the Tribe. After ratification
by the Council, the water quality standards shall be submitted to EPA in
accordance with section 130.20(c) of EPA's regulations. Water quality standards
shall have the force and effect of law upon adoption by the Tribal Council.
∋ 12.4 APPEALS. Any person aggrieved by a final action of the
Commission may appeal to the Council pursuant to subsection 3.6.8. The setting
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of water quality standards through the issuance of regulations by the
Commission shall not be subject to appeal, but, as provided in subsection 12.2.2,
such regulations shall not take effect until they have been approved by the
Council.
PART 13. DUTIES OF THE DEPARTMENT
∋ 13.1 GENERAL; DELEGATION OF AUTHORITY. The Department is the
agency of the Tribe that is charged with the overall administration of the Tribe's
water quality management and regulatory program. The Director is the head of
the Department. The Director will take appropriate actions to ensure that the
Department has the technical and scientific expertise necessary to carry out its
water quality responsibilities. The Tribal Council hereby delegates to the
Department and to the Director the authority necessary to carry out these duties
and responsibilities, subject to review and oversight by the Council as provided in
this Subtitle and in Subtitle A of this Code and subject to oversight by the
Commission as provided in section 12.1 of this Subtitle.
∋ 13.2 RELATIONSHIP TO COMMISSION. The Department is separate from
the Commission, and neither the Commission as a whole nor any of the
individual Commissioners is charged with supervisory authority over the Director
or any of the employees or consultants of the Department. The Commission
shall exercise oversight authority over the Department as provided in section
12.1 of this Subtitle. The Department shall provide technical and scientific
support to the Commission. The Department and the Commission shall work
together in cooperation to carry out their respective responsibilities under this
Subtitle.
∋ 13.3 RELATIONSHIP TO GENERAL COUNSEL. The General Counsel is
charged with supervisory authority over the Director and, through the Director,
over the employees of the Department. In the event that the position of Director
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should become vacant, the General Counsel will appoint an individual to serve as
Acting Director until the position is filled in accordance with the Tribe's Personnel
Policies and Procedures.
∋ 13.4 DUTIES AND RESPONSIBILITIES OF DEPARTMENT. The Department
shall carry out the duties and responsibilities listed in this part. The Department
will serve as the Commission's staff for the preparation of documents to be
issued under the authority of the Commission.
13.4.1 WATER QUALITY MANAGEMENT PLANNING. The Department
is charged with primary responsibility for carrying out water quality management
planning on behalf of the Tribe. Water quality management planning shall be
carried out in accordance with part 14 of this Subtitle and EPA regulations (40
C.F.R. Part 130).
13.4.2 PUBLIC INFORMATION AND COMMUNITY INVOLVEMENT. The
Department will cooperate with and provide technical support to the Commission
in developing and carrying out a program to inform tribal members and the
general public about the Tribe's water quality regulatory program, pursuant to
subsection 12.1.2 of this Subtitle. In addition, in carrying out its responsibilities
for the administration of the Tribe's water quality regulatory program, the
Department shall adopt and carry out a policy to encourage community
involvement in water quality management planning.
13.4.3 DEVELOPMENT OF WATER QUALITY STANDARDS. The
Department is charged with primary responsibility for carrying out the scientific
and technical work of developing water quality standards for the Tribe's
Reservations in accordance with part 15 of this Subtitle. In particular, the
Department will prepare drafts of the following:
13.4.3.1 All public notices required for the development and
adoption of water quality standards;
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13.4.3.2 Proposed rules for consideration at public
meetings, including an explanatory preamble for any such rulemaking document;
13.4.3.3 Proposed rules for consideration at the public
hearing, incorporating any revisions that the Commission determines should be
made in response to comments made in any community meeting, with an
explanatory preamble which includes a "responsiveness summary";
13.4.3.4 Final rules for approval by the Commission and
Tribal Council, with an explanatory preamble which includes a "responsiveness
summary" and an explanation of any changes that have been made from the
proposed rules;
13.4.3.5 Such other documents as the Commission and the
Director decide to prepare as part of the rulemaking process.
13.4.4 CERTIFICATION OF COMPLIANCE WITH STANDARDS. The
Director is hereby delegated the authority to issue or to deny certification,
pursuant to section 401 of the Clean Water Act, that a proposed action will not
result in a violation of the Tribe's water quality standards. Any person aggrieved
by the issuance or denial of certification may appeal to the Commission pursuant
to subsection 3.6.8 of Subtitle A of this Code. The rules in which the Tribe's
water quality standards are set out, which are to be issued following the
procedure set out in section 12.2 of this Subtitle, shall specify the procedure
through which persons may apply to the Director for certification.
13.4.5 CONDITIONS FOR PERMITS ISSUED BY THE COMMISSION. The
Department shall provide scientific and technical support to the Commission in
specifying conditions to include in any permit issued by the Commission pursuant
to subsection 3.6.8 of Subtitle A of this Code to ensure that the permit will not
result in a violation of the Tribe's water quality standards.
13.4.6 ENFORCEMENT. The Director is authorized to enforce this
Subtitle and the Tribe's water quality standards and other provisions of the rules
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issued by the Commission, as specified herein.
13.4.6.1 The Director may issue a citation to any person
that the Director reasonably believes to have violated this Subtitle. Any violation
of water quality standards adopted through rules issued by the Commission, and
any violation of the conditions imposed by a permit to ensure compliance with
the Tribe's water quality standards, shall constitute a violation of this Subtitle.
13.4.6.2 Such citation shall require the person cited to
appear before the Commission on a date specified for a hearing on the violation
charged in the citation. The citation shall inform the person cited of the range of
actions that could be taken by the Commission if it determines after a hearing
that a violation has in fact occurred, including: (a) assessment of civil penalties;
(b) referral to EPA for possible federal enforcement action; and (c) in the case of
nonmembers of the Tribe, the possibility of exclusion from the Tribe's
Reservations.
13.4.6.3 The date for the required appearance shall be a
least five (5) days and not more than sixty (60) days from the date of the
citation, unless the Director and the person cited (or that person's
representative) agree to another date or settle the matter, and so inform the
Commission prior to its next scheduled meeting.
13.4.6.4 If prior to the hearing the person cited does not
voluntarily cease the activity that is alleged in the citation to be a violation of this
Subtitle and the Director has reason to believe that the alleged violation
constitutes a serious and ongoing threat to the health, safety or welfare of the
Tribe or any member of the Tribe, the Director may apply, with or without notice
to the alleged violator, to the Commission chairman who may, in his or her
discretion, issue an Order on behalf of the Tribe to Cease and Desist or to modify
the activity constituting the alleged violation.
13.4.6.5 The Director may seek the assistance of the
Seminole Department of Law Enforcement to
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(a) Deliver a copy of a Cease and Desist or
Modification Order, or any Order of the Commission, to the
alleged violator; and
(b) Enforce an Order to Cease and Desist or any
Order of the Commission issued after a hearing as specified
in Paragraph 13.4.6.2.
13.4.6.6 At any hearing specified in Paragraph 13.4.6.2, the
Director, or his or her designate, will present the case to the Commission to
establish that a violation has occurred and that the person cited is responsible for
the violation. The Director also will present a recommended Order, including
proposed findings of fact, for the consideration of the Commission. Such a
recommended Order may include the assessment of civil penalties in accordance
with the Commission's rules.
13.4.6.7 The hearing specified in Paragraph 13.4.6.2 shall
be conducted in accordance with Subsection 12.1.6 of this Subtitle.
13.4.7 REPORTS. The Director is responsible for the preparation
of water quality management reports prepared by the Department for submission
to the Tribal Council and to EPA. Each water quality management report that is
developed by the Department shall be prepared in consultation with the
Commission and shall be presented to the Commission for review and approval.
Each water quality management report that is developed by the Department for
submission to EPA shall be presented to the Commission for review and approval
thirty (30) days prior to the date on which the report is due to be submitted to
EPA. In addition, the Department shall prepare an annual report to the Council.
Each annual report to the Council may include a discussion of any issue that the
Director believes should be brought to the attention of the Council, whether or
not any such issue is required to be included in, or is appropriate for inclusion in
a report to EPA. The annual report to Council need not repeat the discussion of
any issue that is adequately covered in a report to EPA. Any disagreement
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between the Director and the Commission regarding the content of a report shall
be resolved in accordance with subsection 12.2.7 of this Subtitle.
PART 14. WATER QUALITY PLANNING AND MANAGEMENT
∋ 14.1 WATER QUALITY MONITORING. To the extent that resources
permit, the Department shall carry out a water quality monitoring programs in
accordance with EPA regulations (40 C.F.R. section 130.4). Monitoring and
analysis activities shall be performed in accordance with EPA's quality
assurance/quality control guidance.
∋ 14.2 CONTINUING PLANNING PROCESS. The Department shall establish
and maintain a continuing planning process as described in section 303(e)(3)(A)
through (H) of the Clean Water Act and in accordance with EPA's regulations (40
C.F.R. section 130.5). The continuing planning process shall include:
14.2.1 A process for developing effluent limitations and schedules
of compliance;
14.2.2 a process for incorporating elements of applicable areawide
waste treatment plans under section 208 of the Act and applicable basin plans
under section 209 of the Act;
14.2.3 A process for developing total maximum daily loads and
individual water quality based effluent limitations for pollutants in accordance
with section 303(d) of the Act;
14.2.4 A process for updating and maintaining Water Quality
Management (WQM) plans, including schedules for revision;
14.2.5 A process for assuring adequate authority for cooperation
among various agencies of the Tribe in the implementation of the Tribe's water
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quality management program;
14.2.6 A process for establishing and assuring adequate
implementation of new or revised water quality standards, including schedules of
compliance, under section 303(c) of the Act;
14.2.7 A process for assuring adequate controls over the
disposition of all residual waste from any water treatment processing;
14.2.8 A process for developing an inventory and ranking, in order
of priority, of needs for construction of waste treatment works required to meet
the applicable requirements of sections 301 and 302 of the Act; and
14.2.9 A process for determining the priority for the issuance of
permits under section 402 of the Act (the National Pollutant Discharge
Elimination System).
∋ 14.3 AREAWIDE WASTEWATER TREATMENT MANAGEMENT. Under section
208 of the Act, Indian tribes treated as states are required to identify and
designate areas within their jurisdiction that have substantial water quality
control problems and to develop and implement an areawide waste treatment
management plan for each such area. This involves designating an areawide
planning agency and one or more waste treatment management agency for each
such area.
14.3.1 DESIGNATION OF AGENCIES. The Department is designated
the areawide planning agency for the all of the Tribe's Reservations. The Utilities
Department of the Seminole Tribe of Florida is designated the wastewater
treatment management agency for all of the Tribe's Reservations. For aspects of
water quality management other than waste water treatment, the Department is
designated the management agency.
14.3.2 REPORT TO COUNCIL. In each annual report to the Council
the Department will advise the Council on whether there is a need to designate
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any area of any of the Tribe's Reservations as an area having substantial water
quality control problems. In the event that such an area is identify, the
Department's report will contain recommendations as to which agencies should
be designated the areawide planning agency and the waste treatment
management agency.
∋ 14.4 WATER QUALITY MANAGEMENT (WQM) PLANS. The Department is
responsible for the preparation of water quality management (WQM) plans in
accordance with sections 208 and 303(e) of the Act and EPA regulations (40
C.F.R. section 130.6).
14.4.1 PURPOSE OF WQM PLANS. WQM plans are used to focus
water quality management activities on priority point and nonpoint water quality
problems and to develop alternative solutions and recommended control
measures.
14.4.2 ELEMENTS OF WQM PLANS. The elements that are required
to be included in WQM plans are set out in EPA's regulations (40 C.F.R. section
130.6). These elements are summarized below:
14.4.2.1 Total maximum daily loads (TMDLs), in accordance
with sections 303(d) and (e)(3)(C) of the act and section 130.7 of EPA's
regulations;
14.4.2.2 Effluent limitations, including water quality based
effluent limitations and schedules of compliance in accordance with section
303(e)(3)(A) of the Act and section 130.5 of EPA's regulations;
14.4.2.3 Municipal and industrial waste treatment, including
the identification of needed treatment works, programs to provide necessary
financial arrangements for such treatment works, and priorities and schedules for
construction of such treatment works;
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14.4.2.4 Nonpoint source management and control,
including regulatory programs, non-regulatory programs and best management
practices (BMPs), in accordance with section 130.6(c)(4) of EPA's regulations;
14.4.2.5 Management agencies that are charged with
responsibility for carrying out WQM plans;
14.4.2.6 Implementation measures that are necessary to
carry out WQM plans;
14.4.2.7 Dredge or fill program, in accordance with section
208(b)(4)(B) of the Act;
14.4.2.8 Basins plans, any relationships be
tween a WQM plan and a basin plan under section 209 of the Act; and
14.4.2.9 Ground water programs, in accordance with
section 208(b)(2)(K) of the Act.
PART 15. WATER QUALITY STANDARDS
∋ 15.1 DEVELOPMENT OF STANDARDS. Water quality standards shall be
developed by the Department and the Commission through the issuance of rules
in accordance with Section 12.3 of this Subtitle and in accordance with Part 131
of EPA's regulations. The Tribe's water quality standards shall consist of a
designated use for each water body, or portion of a water body, within the
Tribe's Reservations and water quality criteria designed to protect the designated
uses. The Commission's rules may include appropriate provisions for mixing
zones and variances. Wetlands are waters under the Clean Water Act, and
designated uses shall be established for wetlands. In developing water quality
standards for wetlands, the Department and the Commission shall consider the
adoption of special provisions, in accordance with Part 16 of this Subtitle, in
addition to complying with the requirements of this Part.
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15.1.1 DESIGNATED USES. Through the issuance of its rules, the
Commission shall establish designated uses for each water body on each of the
Tribe's Reservations. In establishing designated uses, the Department and
Commission shall take into consideration the use and value of water bodies for
tribal members and other persons who live or work on the Tribe's Reservations.
As required by section 131.10(i) of EPA's regulations, designated uses shall
reflect the uses that are actually being attained. In addition, as required by
section 131.10(b) of EPA's regulations, the Department and Commission shall
take into account the designated uses of downstream waters outside of the
Tribe's jurisdiction.
15.1.1.1 Water bodies within the Tribe's Reservations may
be classified in the Commission's rules according to the following designated
uses:
Class 1. public water supplies;
Class 2. protection and propagation of shellfish;
Class 3. protection and propagation of fish and
wildlife; recreation in and on the water;
Class 4. agricultural purposes; and
Class 5. navigation and industrial purposes.
15.1.1.2 The Commission's rules may establish
sub-categories of these classes, as may be appropriate for each Reservation. In
addition, the Commission's rules may establish different classes of designated
uses for wetlands, in accordance with Part 16 of this Subtitle.
15.1.2 WATER QUALITY CRITERIA. The Department shall
development narrative and numeric water quality criteria to protect the
designated uses of waters of the Reservations. In establishing numeric criteria,
the Department shall make use of EPA's section 304(a) Guidance or other
scientifically defensible methods. In accordance with section 303(c)(2)(B) of the
Act relating to criteria for toxic pollutants, the Department will review the list of
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toxic pollutants for which EPA has published guidance and determine whether
the presence or discharge of any of these pollutants in reservation surface
waters could reasonably be expected to interfere with designated uses specified
in the Commission's rules. If the Department finds that any listed toxic pollutant
may interfere with designated uses, the Department shall develop criteria for
inclusion in the Commission's rules at least as stringent as criteria specified in
EPA's published guidance. The Department may propose to adopt numeric or
narrative criteria that have been adopted by the state of Florida if the
Department makes an independent determination that such criteria would
adequately protect the interests of the Tribe and its members.
15.1.3 ANTIDEGRADATION POLICY. The Commission's rules shall
include an antidegradation policy that is consistent with section 131.12 of EPA's
regulations. The antidegradation policy 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 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 Tribe finds,
after full satisfaction of the intergovernmental coordination and public
participation provisions of the Tribe'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 Tribe shall assure adequate water quality
to protect existing uses fully.
∋ 15.2 ADOPTION OF STANDARDS. The water quality standards developed
by the Department and the Commission through the issuance of rules pursuant
to section 12.3 of this Subtitle shall be considered adopted, and shall become the
Tribe's water quality standards, upon approval by the Council.
∋ 15.3 SUBMITTAL TO EPA. Upon approval by the Council, the Tribe's
water quality standards shall be submitted to the Regional director of EPA for
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approval, in accordance with section 131.20(c) of EPA's regulations.
∋ 15.4 TRIENNIAL REVIEW. The Department and the Commission shall
conduct a review of the Tribe's water quality standards at least once every three
years. In conducting such a review, the Department and the Commission shall
follow essentially the same procedure as in issuing rules for the development of
the standards. Such a review shall include at least one public community
meeting on each of the following Reservations -- Big Cypress, Brighton,
Hollywood, and Immokalee -- and at least one public hearing.
PART 16. SPECIAL PROVISIONS RELATING TO WETLANDS
∋ 16.1 WETLANDS ARE "RESERVATION SURFACE WATERS". Wetlands
provide a wide array of functions that are beneficial for people, plants and
animals, and the Clean Water Act includes provisions to protect wetlands from
destruction or degradation. As defined in section 11.6 of this Subtitle, the term
"reservation surface waters" includes "wetlands," just as the term "waters of the
United States" as defined in EPA's regulations (40 C.F.R. ∋ 122.2) includes
"wetlands." Accordingly, the Commission shall include water quality standards
for wetlands in its rules issued under section 12.3 of this Subtitle. Even though
wetlands are considered to be surface waters, they are in certain important ways
different from other kinds of surface waters. This Part provides guidance for the
Commission and the Department in fashioning special provisions to reflect these
differences in the development of Tribal water quality standards.
∋ 16.2 DESIGNATED USES. As for all other surface waters, water quality
standards for wetlands must consist of designated uses and water quality criteria
to ensure that the designated uses are attained. Because the attributes of
wetlands are significantly different from the attributes of other surface waters,
the Commission is authorized to establish a system of designated uses for
wetlands that is different from the system established for other surface waters.
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The Commission may do this either by establishing sub-categories of the uses
that apply to other surface waters or by establishing a separate classification
system based on wetland type and/or beneficial use (function and value). In
developing a use classification system for wetlands, the Commission shall
consider the functions and values of different types of wetlands, including the
following: groundwater recharge/discharge; flood flow alteration; sediment
stabilization; sediment/toxic retention; nutrient removal/transformation; wildlife
diversity/abundance; aquatic diversity/abundance; recreation.
16.2.1 EXISTING USES. As for all other surface waters, designated
uses shall include those uses that are presently being attained (40 C.F.R. ∋
131.10(i) as well as "existing uses" as defined by EPA (40 C.F.R. ∋ 131.3(e)), that
is, "those uses actually attained in the water body on or after November 28,
1975." In accordance with EPA regulations, however, to the extent that any
wetland in existence as of November 28, 1975 had been converted to cropland
prior to December 23, 1985, and is a "prior converted cropland" as defined by
the Soil Conservation Service in its National Food Security Act Manual, such a
former wetland is no longer considered to be included within "reservation surface
waters" and thus is not covered by the Clean Water Act.
16.2.2 ATTAINMENT OF NATIONAL GOALS. As for all other surface
waters, designated uses for wetlands must meet the "fishable-swimmable" goals
set out in section 101(a)(2) of the Clean Water Act (see section 11.2.1 of this
Subtitle) unless a use attainability analysis shows that these goals cannot be
achieved. Many wetlands are generally not suitable for recreation in and on the
water because, for example, they do not have sufficient water during certain
seasons of the year. The Department shall conduct generic use attainability
analyses for classes or types of wetlands within the reservations in order to
determine whether certain recreational uses are attainable (see 40 C.F.R. ∋
131.10(g)(2)). Wherever the "fishable-swimmable" goal uses are attainable, the
Commission shall designate these uses, even where attainment may be seasonal.
∋ 16.3 WATER QUALITY CRITERIA. The Commission shall adopt narrative
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and numeric water quality criteria as appropriate to protect wetland functions
and values.
16.3.1 NARRATIVE CRITERIA. Narrative criteria are likely to be
particularly important because many impacts on wetlands cannot be adequately
addressed by numeric criteria. Impacts may result from the discharge of
chemicals for which no numeric criteria have been adopted, from nonpoint
sources of pollutants, and from activities that alter the physical and biological
aspects of water quality, rather than the chemical aspects. The Commission shall
adopt narrative water quality standards for wetlands that describe the
characteristics of the biological community that must exist in a wetland in order
to meet a particular designated aquatic life/wildlife use. In addition, the
Commission shall consider the adoption of narrative criteria to regulate impacts
on the biological integrity of wetlands due to physical and hydrological
modifications.
16.3.2 NUMERIC CRITERIA. If the Commission designates any
wetlands as sources of drinking water, numeric criteria shall be adopted to
protect human health. The Department shall evaluate the groundwater recharge
function of wetlands within the reservations and shall advise the Commission if
the adoption of numeric criteria to protect human health would be appropriate.
The Commission shall adopt numeric criteria as appropriate for the protection of
aquatic life and wildlife. The Commission shall evaluate the extent to which tribal
members and other persons eat aquatic species and other wildlife species that
are dependent upon wetlands and shall advise the Commission if the adoption of
numeric criteria to protect human health would be appropriate. In adopting
numeric criteria, the Commission may develop scientifically defensible
site-specific criteria if reservation-wide or national criteria would be
inappropriate.
∋ 16.4 ANTIDEGRADATION. The antidegradation policy set out in section
15.1.3 of this Subtitle applies to wetlands, but this shall not operate to prohibit
the discharge of dredged or fill material into a wetland if a permit has been
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issued under section 404 of the Clean Water Act. Rather, a discharge of dredged
or fill material into a wetland pursuant to a section 404 permit will not violate the
Tribe's antidegradation policy if the discharge does not result in a "significant
degradation" to the aquatic ecosystem in accordance with EPA's section
404(b)(1) guidelines (40 C.F.R. ∋ Part 230). The Commission's rules shall include
guidance for tribal members and others on the application of the Tribe's
antidegradation policy to wetlands.
PART 17. NONPOINT SOURCE POLLUTION CONTROL PROGRAM
∋ 17.1 DEVELOPMENT OF PROGRAM. The Department shall be responsible
for the development of a nonpoint source pollution control program (NPS
program) which shall be adopted by the Commission through the issuance of
rules in accordance with section 12.3 of this Subtitle and Part 130 of EPA's
regulations (40 CFR 130).
17.1.1 PURPOSE OF NPS PROGRAM. The NPS program shall be
used to address and regulate nonpoint sources of pollution within the Tribe's
Reservations including, but not limited to, surface water runoff associated with
agricultural, silvicultural, urban stormwater and construction related activities.
The rules and practices set forth within the NPS program shall constitute the
standard by which the Commission shall approve or deny permits for new
development activities pursuant to subsection 3.5.8 of Subtitle A and shall be
used as a guideline by the Department in reviewing and addressing existing
sources of pollution.
17.1.2 ELEMENTS OF NPS PROGRAM. The elements required to be
included within the NPS program shall generally follow the guidelines set forth in
Section 319 of the Clean Water Act (33 U.S.C. 1329). The program shall
describe the regulatory and non-regulatory programs, activities and Best
Management Practices (BMPs) which the Commission has selected as the means
to control nonpoint source pollution. At a minimum, the rules developed by the
Department and promulgated by the Commission shall include the following:
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17.1.2.1 Identification of BMPs, with
consideration given to the impact these BMPs will have
on surface and ground water quality;
17.1.2.2 Identification of needed implementation
programs, including the education, technical,
enforcement and financial assistance programs to be
used;
17.1.2.3 Implementation milestones, including
schedules outlining when certain BMP regulations are to
be developed or when water quality improvements are
expected.
∋ 17.2 IMPLEMENTATION - NEW CONSTRUCTION. The Commission, upon
issuing any permit pursuant to subsection 3.5.8 of Subtitle A for new
development activities shall require compliance with the standards and practices
set forth in the NPS program. When necessary, these standards shall be
imposed as conditions to the permit, violations of which are subject to the
enforcement provisions of subsection 13.4.6 of this Subtitle.
∋ 17.3 IMPLEMENTATION - EXISTING NONPOINT SOURCES OF POLLUTION.
In the Director's discretion, specific nonpoint sources of pollution existing before
the promulgation of the Tribe's water quality standards shall be required to meet
the provisions of this Subtitle. In all cases, the Director shall first make a
determination that the existing nonpoint source is detrimental to the general
welfare of the Reservation communities and inconsistent with the development
of an effective and comprehensive water quality program. An existing nonpoint
source of pollution identified by the Director under this subsection shall be
required to obtain a permit pursuant to subsection 3.5.8 of Subtitle A. The
Director's determination that an existing nonpoint source should be required to
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obtain a permit is subject to review by the Commission. Any person aggrieved
by a final action of the Commission may appeal to the Council pursuant to
subsection 3.6.8 of Subtitle A.
17.3.1 PHASE IN FOR EXISTING NONPOINT SOURCES. In recognition
that many existing activities may be in conflict with the goals of this Section, and
to recognize the rights of tribal members in carrying on these activities, a
"Schedule for Compliance" shall be developed by the Director to mitigate harsh
impacts that immediate imposition of these standards may produce. The
Schedule for Compliance shall be incorporated within the permit by the
Commission as a condition to continuing operation. Failure to meet this schedule
subjects the permit holder to the enforcement provisions of subsection 13.4.6 of
this Subtitle.
∋ 17.4 REVIEW OF PROGRAM. The Department and the Commission shall
have authority to review and revise the NPS program as deemed necessary. In
no event shall review of the NPS program be conducted less than once every
three years. Such review shall include at least one community meeting on each
of the following Reservations -- Big Cypress, Brighton, Hollywood and
Immokalee. The review of the NPS program may be carried out in conjunction
with the triennial review of the Tribe's water quality standards which is required
by section 15.4 of this Subtitle.
PART 18. GROUNDWATER PROTECTION
[Reserved]
Note: Subtitle B of the Tribal Water Code was originally adopted by the Tribal Council of the
Seminole Tribe, in Ordinance No. C-95-94, December 10, 1993, and became effective on that
date. Subtitle B was amended by the Tribal Council, in Resolution No. C-216-94, May 19, 1994,
and the amendments became effective on that date. As the note following Subtitle A of the
Tribal Water Code indicates, on January 12, 1995, the Tribal Council adopted Resolution C-91-95,
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enacting amendments to Subtitle A of the Tribal Water Code. That Resolution did not amend
Subtitle B, and thus this codification of Subtitle B indicates that it was most recently amended in
May 1994. In this Codification, however, one typographical error has been corrected, in the
definition of the term "water quality management plan."
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PART 19. TRANSPORTATION SAFETY PERMITS
∋ 19.1 FINDINGS AND GOALS. Tribal officials have observed the use of
roads within the boundaries of the Seminole Reservations for the transport of
wastewater treatment by-products generated by off-Reservation wastewater
treatment facilities. The Seminole Tribe of Florida finds that the unregulated
transport of such by-products within the boundaries of the Reservations, and the
final disposal of such by-products in certain locations upstream from Reservation
waters, poses a threat to the water resources of the Seminole Reservations and
the health and safety of the Tribe and its members. It is the intent of the Tribe
to regulate the transport of such by-products occurring within the boundaries of
the Reservations in a manner which ensures safe transport and disposal practices
and thereby prevents violations of Tribal Water Quality Standards. A Tribal
permit program shall require vehicle owners or operators to apply for a permit
authorizing the transport of wastewater by-products within the boundaries of the
Seminole Reservations. The permit application process shall be designed to
prevent the occurrence of spills on Reservation lands and to monitor final
off-Reservation disposal practices with regard to wastewater by-products.
∋ 19.2 PERMIT REQUIREMENT. Any motor vehicle which weighs in excess
of 2,500 pounds when loaded and which is used on roads within Reservation
boundaries to transport "sewage sludge" as regulated by federal law pursuant to
section 405 of the Clean Water Act or "domestic wastewater residuals" as
regulated by Florida law pursuant to Chapter 17-640 of the Florida Administrative
Code, must possess a Tribal Transportation Safety Permit to be issued by the
Commission. No such vehicle without a permit shall be authorized to use roads
within the boundaries of the Reservations.
∋ 19.3 APPLICABILITY. The permit requirements of this section apply to
any owner or operator of a vehicle described in subsection 19.2 of this section.
The owner and/or operator of any vehicle found to be in violation of the permit
requirement set forth in this section may be held liable for such violation and
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may be subject to civil penalties and/or exclusion from the Seminole
Reservations by action of the Director as set forth in subsection 19.9.1 Violations,
below.
∋ 19.4 DELEGATION OF AUTHORITY TO COMMISSION AND DIRECTOR. The
Tribal Council delegates to the Commission the authority to carry out this Part.
The Commission may delegate to the Director the authority to administer the
permit application process and to make recommendations to the Commission
regarding the decision to grant or deny a permit.
∋ 19.5 PROCEDURAL RULEMAKING AUTHORITY OF COMMISSION. Pursuant
to Subtitle A of the Tribal Water Code, the Commission has authority to establish
procedural rules governing the application process for transportation safety
permits. Such rules shall be effective immediately upon the date of issuance.
∋ 19.6 APPLICATION REQUIREMENTS. The applicant must provide
sufficient information in the application to demonstrate to the satisfaction of the
Commission that the proposed activity will not result in harm to the water
resources of the Reservations or to the health or safety of the Tribe and its
members and that such activity is consistent with the purposes of the Tribal
Water Quality Code (Subtitle B).
19.6.1 MINIMUM INFORMATION. All applicants for permits must, at
a minimum, provide the following information: (1) proof that each vehicle for
which a permit is sought is in compliance with applicable vehicle safety codes
imposed by the state in which such vehicle is registered; (2) proof that the
wastewater by-products contained in each vehicle for which a permit is sought
are in compliance with applicable State and federal laws and regulations; (3)
copies of records of the analysis of wastewater by-products, including records
indicating the extent to which the wastewater byproducts contain the following
pollutants: (a) arsenic; (b) cadmium; (c) chromium; (d) copper; (e) lead; (f)
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mercury; (g) molybdenum; (h) nickel; (i) nickel; (j) selenium; (i) zinc; (4) proof
that the final disposal of the contents of each vehicle for which such permit is
sought will be performed in compliance with applicable State and federal laws
and regulations; and (5) specific information regarding the geographical location
of all disposal sites used by the owner or operator of the vehicle for which such
permit is being sought.
19.6.2 STANDARDIZED APPLICATION FORMS. The Director shall
prepare standardized forms for use in making the applications required under
this section, subject to the approval of the Commission.
∋ 19.7 PERMIT LIMITATIONS
19.7.1 NON-TRANSFERABLE. Permits issued by the Commission
and the Department pursuant to this section will extend authorization only to the
vehicle specified in the issued permit and such permit may not be transferred for
use by another vehicle. If the Commission's rules so provide, the owner or
operator of a fleet of vehicles may file a single application covering an entire
fleet, provided the application contains sufficient information for the Commission
to treat each vehicle separately.
19.7.2 ONE-YEAR PERMIT PERIOD. Permits issued by the
Commission pursuant to this section will extend authorization to the vehicle
specified in the permit for a period not to exceed one year, including any period
for which a temporary permit is issued by the Director pursuant to subsection
19.8 below. The Commission may issue a permit for less than one year in cases
where the Commission determines that a shorter authorization period is required
to protect the health or safety of the Tribe and its members.
∋ 19.8 TEMPORARY PERMITS ISSUED BY DIRECTOR. The Director is
authorized to issue temporary permits in situations where the Director
determines that the activities of the applicant will not result in harm to the health
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or safety of the Tribe or to the water resources of the Reservation and that there
exists a substantial likelihood that the Commission will grant a permit to the
applicant. The temporary permit shall take effect on the date it is issued by the
Department and shall automatically expire 60 days from the date of its issuance
or on the date the Commission makes a decision to grant or deny the permit,
whichever occurs first.
∋ 19.9 DISPLAY OF PERMITS. Any permit issued to a vehicle pursuant to
this section shall contain information which specifically identifies the permitted
vehicle and such permit shall be visibly displayed on the vehicle at all times it is
within the Reservation in a manner to be prescribed by the Commission or the
Director.
19.9.1 ENFORCEMENT. The Director is authorized to enforce this
section as part of the Tribal Water Quality Code (Subtitle B), as set forth in
Chapter A, Part 4 of the Water Quality Rules, except that where the Director
finds that a violation of the permit requirement imposed by this section, or the
violation of the terms of a permit, pose an immediate threat to the water
resources of the Reservations, or the health or welfare of the Tribe and its
members, the Director is authorized to issue to any violator, on behalf of the
Tribe, a Temporary Order to Cease and Desist, and the Director has authority to
take immediate action to exclude the violator from entering the Reservation
without a permit. The Director may seek the assistance of the Seminole
Department of Law Enforcement to enforce a Temporary Order to Cease and
Desist.
19.9.2 LIMIT ON TEMPORARY ORDERS. The Director must apply to
the Commission Chairman for an Order to Cease and Desist within 72 hours after
issuing a Temporary Order to Cease and Desist. If the Director fails to do so or if
the Commission Chairman fails to issue such an order within the 72-hour time
limit, the Temporary Order expires automatically.
19.9.3 RIGHT TO HEARING. Any person cited for violation of this
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Tribal Water Code
As Amended through January 1995
Subtitle B - Water Quality
amendment, or subject to penalties such violation shall have a right to a hearing
in accordance with Part 4, Section 4.5 of the Water Quality Rules.
∋ 19.10 APPLICATION FEE. The application fee for the owner or operator
of a single vehicle shall be $1,000. The Commission's rules may provide for an
upper limit on the application fee for a fleet of vehicles. In addition, the
Commission's rules may provide reductions or waiver of the application fee in
appropriate circumstances.
∋ 19.11 PENALTIES. The Commission is authorized to establish a
schedule of civil penalties to be assessed for violations of this section.
19.11.1 NO VEHICLE PERMIT. Any owner or operator of an
unpermitted vehicle who the Director finds is using Reservation roads for the
transport of "sewage sludge" or "domestic wastewater residuals" (as defined by
reference in subsection 19.2 of this section), shall be excluded from the
Reservation and/or subject to a fine of not less than $5,000.
19.11.2 OTHER VIOLATIONS. Any violations of permit conditions
imposed pursuant to this section, or any misrepresentation made by an applicant
as part of the permit process, or any failure to act in accordance with statements
made in the application subsequent to the issuance of such permit, shall be
subject to a minimum fine of $1,500 (one thousand five hundred dollars) per
violation per vehicle found to be in violation, and a maximum fine of $5,000 (five
thousand dollars) per violation per vehicle found to be in violation.
∋ 19.12 APPEALS. Any person aggrieved by a final action of the
Commission with respect to the issuance or denial of a Safety Transportation
Permit or with respect to penalties imposed for a violation of this section may file
a Notice of Appeal to the Tribal Council in accordance with the procedures set
forth in Chapter A, Part 3, Section 3.5 of the Water Quality Rules.
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Tribal Water Code
As Amended through January 1995
Subtitle B - Water Quality
∋ 19.13 PUBLIC NOTICE. The Commission shall take appropriate steps to
notify the affected public regarding the requirements of this section. Public
notice may be achieved by posting signs which contain the text of the
amendment near. Such signs shall be posted near roads within close proximity
to the outer boundaries of the Reservations and in other places on the
Reservations, provided such signs are posted in a manner which makes them
reasonably visible to persons in motor vehicles.
Note: Part 19 of the Tribal Water Code was originally adopted by the Tribal Council of the
Seminole Tribe, in Resolution No. C-218-94, May 19, 1994, and became effective on that date..
- 44 -
Tribal Water Code
As Amended through January 1995
Subtitle B - Water Quality
PART 20. NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
PERMITS
[Reserved]
- 45 -
SEMINOLE TRIBE OF FLORIDA
Tribal Officers:
CHERISE MAPLES
DIRECTOR
JAMES E. BILLIE
ENVIRONMENTAL RESOURCE
MANAGEMENT DEPARTMENT
Chairman
MITCHELL CYPRESS
6365 TAFT ST SUITE 3008
HOLLYWOOD, FLORIDA 33024
PHONE (954) 965-4380
FAX (954) 962-8727
Vice Chairman
LAVONNE KIPPENBERGER
Secretary
WEBSITE:
http://www.seminoletribe.com
PETER HAHN
Treasurer
WATER PERMIT APPLICATION
(Application to Construct Well or Use Tribal Water)
For Departmental Use:
Date Received:
SWCP Number:
Presented to SWC:
Date Approved:
Comments:
Section 1:
Application For:
Surface Water Management *
Construct Well
Activity Is:
Abandon Well
Existing **
Water Use
*
**
New
Modification **
For a construction project that will impact one (1) or more acres, a U.S. EPA Notice of Intent Form 20400188, a SWPP Plan, and upon completion, a Notice of Termination Form 2040-0086 must also be filled out
and filed with the U.S. EPA
If existing or modification does it have a Tribal Permit?
Section 2:
Drilling Company:
Address:
County:
City:
Telephone:
(Page 1 of 2)
State:
Zip Code:
Section 3:
Name of Applicant:
Reservation:
Location of Activity (Address):
City:
Size of well:
Note:
State:
Zip Code:
Number of Acres:
An accurate location map clearly showing project boundaries must accompany this application. The
description of site location must be sufficient to locate the site on Department’s aerial photographs.
Section 4:
Nature of Proposed Activity:
Section(s):
Township(s):
S
Range(s):
E
Section 5:
a.
If application is for water use, what is the water source?
b.
If application is for drainage, where will water discharge?
c.
If application is to modify existing permit, describe the changes:
d.
If application is to construct a new well, will well use any pipe with a casing diameter in excess of four (4) inches?
Yes
e.
No
N/A
Will activity use or involve more than 100 gallons of water per day?
Yes
No
Estimated daily water use (gallons):
Section 6:
Note:
This form must be completed and signed by the applicant. In addition, the applicant must include basic
technical data about the activity, including minimum road and floor levels; discharge rate; retention/detention
volume; design of any irrigation pipe, well or pump; and such other information as the Administrator may
require.
Signature: ___________________________________________________
Date:________________________
(Page 2 of 2)
TABLE A
DESCRIPTION OF WELLS
Well No.
Map Designation
Existing/Proposed
Diameter
(Inches)
Total Depth
Cased Depth
Screened Interval
Pumped or Flowing
Working Valve
If Artesian
(Yes/No)
Pump Manufacturer
And Model No.
Pump (Centrifugal,
Type Jet, Deep Jet,
Turbine, etc.)
Intake
Depth (NGVD)
Pump Capacity
(GPM at ___ FT of head
at ___ PSI)
Active
(Yes/No)
Year Drilled
Type of Meter
Florida
Plane Coordinates
ENVIRONMENTAL RESOURCE MANAGEMENT DEPARTMENT
(ERMD) SUBMITTAL ITEMS CHECKLIST
SITE INFORMATION
Location map
Aerial photograph with project boundaries
Existing land use map
Jurisdictional wetlands map
Boundary and topographic survey
ENGINEERS REPORT/SURFACE WATER MANAGEMENT ANALYSIS
Description of existing land use/facilities
Description of proposed system/facilities
Documentation of receiving body – physical capacity, tailwater elevations
Water table elevations
Surface water management calculations, including:
Assumptions used in modeling
Land use summary for each basin
Wet season water table and soil storage calculations
Allowable discharge calculation
Water quality calculations for detention/retention volumes
Stage-storage table(s) for each basin
Flood routings
Time of concentration calculations
Any other pertinent information including a description of any request/requirements
made by the Seminole Tribe of Florida ERMD Staff.
CONSTRUCTION DRAWINGS
Master paving, grading and drainage plans
Drainage details
Erosion control details
TABLE A
DESCRIPTION OF WELLS
Well No.
Map Designation
Existing/Proposed
Diameter
(Inches)
Total Depth
Cased Depth
Screened Interval
Pumped or Flowing
Working Valve
If Artesian
(Yes/No)
Pump Manufacturer
And Model No.
Pump (Centrifugal,
Type Jet, Deep Jet,
Turbine, etc.)
Intake
Depth (NGVD)
Pump Capacity
(GPM at ___ FT of head
at ___ PSI)
Active
(Yes/No)
Year Drilled
Type of Meter
Florida
Plane Coordinates
TABLE B
DESCRPITION OF SURFACE WATER PUMPS
Drainage
district:
Pump No.
Map
Designation
Surface Water
Body
Existing or
Proposed
Pump
Manufacturer
And Model
Number
Pump Type
Pump Capacity
Pump Horse
Power
Pump Diameter
Elevation of
Intake
(NGVD)
Is Pump a two
way
Pump?
Florida Plane
Coordinates
TABLE C
DESCRIPTION OF CULVERTS
CULVERT NO.
Map
Designation
Water Body
Existing or
Proposed
Diameter*
Height**
Width**
Type of
Culvert***
Culvert
Length
Invert
Elevation
(NGVD)
Type of
Control
Device
Irrigation or
Drainage
Florida Plane
Coordinates
*For Circular Culverts
**For Elliptical Culverts
***Corrugated Metal, Reinforced Concrete, Etc.
TABLE D
WATER USE DATA FOR 12 MONTH PERIOD
FROM__________ TO_________
Month/Year
Raw Water
Pumpage
Ave. day
(MGD)
Raw Water
Pumpage
Max. day
(MGD)
Total Raw
Water Pump
age (MGM)
Total Water
Treated
(MGM)
Total
Average
______________
_____________ _____________
Ratio of water pumped to water treated_________________________.
Maximum day pump age was___________MGD
and occurred on______________.
Ratio of maximum day pumpage to average day pumpage
was __________________________.
TABLE E
PAST WATER USE
Year
*Cumulative
Past
Population
Number of
Units *
Total
Annual
(MG)
Average
Day
(MGD)
Maximum
Day
(MGD)
TABLE F
PROJECTED WATER USE
Year
Projected
Population
Number of
Units*
Total
Annual
(MG)
Average
Day
(MGD)
*On separate sheet of paper separate units into types of units, number
of persons/unit, and water usage/unit for each year on a cumulative basis.
Maximum
Day
(MGD)
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.