# As Amended through January 1995

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## Record

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

## Text

Tribal Water Code
As Amended through January 1995
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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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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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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∋ 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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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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(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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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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Subtitle B - Water Quality

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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Subtitle B - Water Quality

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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Subtitle B - Water Quality

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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Subtitle B - Water Quality

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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Subtitle B - Water Quality

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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Subtitle B - Water Quality

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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Tribal Water Code
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Subtitle B - Water Quality

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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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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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..

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Subtitle B - Water Quality

PART 20. NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
PERMITS
[Reserved]

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Aseminole_tribe_fl%3A9debd63100f74565. Public record. Not legal advice.