WATER QUALITY STANDARDS (2025)

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WATER QUALITY STANDARDS

FOR THE

SENECA NATION OF INDIANS

“We give greetings and thanks to the water which provides for our strength and well-being. All

life, including people, plants and animals, need water. We give thanks to the lakes, rivers, and

streams. The waters of the world quench our thirst and provide food for the plant and animal life.

Now our minds are one.” – Ganö:nyök

Enacted by Tribal Council Resolution # ___ DATE

Table of Contents

ARTICLE I. General Provisions ................................................................................................. 5

Section 100: Background, Findings, and Purpose ............................................................................... 5

(A). Background .................................................................................................................................. 5

(B). Findings ........................................................................................................................................ 6

(C). Purpose ......................................................................................................................................... 7

Section 101: Authority, Effective Date, and Scope............................................................................... 7

(A). Authority ...................................................................................................................................... 7

(B). Effective Date ............................................................................................................................... 7

(C). Scope ............................................................................................................................................. 7

Section 102: Administration................................................................................................................... 8

(A). General Administration .............................................................................................................. 8

(B). Entry and Inspection ................................................................................................................... 8

(C). Enforcement ................................................................................................................................. 8

Section 103: Revision of Water Quality Standards............................................................................ 10

(A). Triennial Review........................................................................................................................ 10

(B). Public Comment and Hearing .................................................................................................. 10

(C). Judicial Review .......................................................................................................................... 14

Section 104: Dispute Resolution........................................................................................................... 14

Section 105: Severability ...................................................................................................................... 14

ARTICLE II. Definitions ........................................................................................................... 15

Section 200: Definitions ........................................................................................................................ 15

ARTICLE III. Designated Uses and Classifications ................................................................ 21

Section 300: List of Designated Uses ................................................................................................... 21

(A). Designated Uses for Seneca Waters ......................................................................................... 21

Section 301: Designated Use Modifications ........................................................................................ 21

Section 302: Classifications of Seneca Waters .................................................................................... 22

(A). Water Body Classifications by Environmental Conditions ................................................... 22

(B). Designated Fisheries .................................................................................................................. 22

ARTICLE IV. General Water Quality Standards ................................................................... 24

Section 400: General Conditions ......................................................................................................... 24

Section 401: General Narrative and Numeric Criteria ..................................................................... 24

Section 402: Toxic Substances ............................................................................................................. 25

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Section 403: Biological Criteria ........................................................................................................... 25

ARTICLE V. Antidegradation, Mixing Zones, Compliance Schedules, and Water Quality

Standards Variances ................................................................................................................... 26

Section 500: Antidegradation Policy and Implementation Methods ................................................ 26

(A). Antidegradation Policy ............................................................................................................. 26

(B). Antidegradation Implementation Methods ............................................................................. 27

Section 501: Mixing Zone Policy.......................................................................................................... 29

Section 502: Compliance Schedule Authorizing Provision ............................................................... 31

Section 503: Water Quality Standards Variances.............................................................................. 31

Appendix A – Seneca Waters, Classifications, and Designated Uses ..................................... 32

Section A-1: Seneca Nation Waterbody Classifications .................................................................... 32

Table A-1: Seneca Nation Waterbody Classifications and Descriptions: Allegany Territory ........... 33

Table A-2: Seneca Nation Waterbody Classifications and Descriptions: Cattaraugus Territory ....... 41

Table A-3: Seneca Nation Waterbody Classifications and Descriptions: Oil Spring Territory ......... 48

Figures 1.1 – 1.4: Seneca Nation Territory ............................................................................................ 49

Figure 1.1: Locational Map of the Territories..................................................................................... 49

Figure 1.2: Allegany Territory – Water Resources ............................................................................. 50

Figure 1.3: Cattaraugus Territory – Water Resources ........................................................................ 51

Figure 1.4: Oil Spring Territory – Water Resources ........................................................................... 52

Figures 2.1 – 2.11: Allegany Territory Water Resources ...................................................................... 53

Figures 3.1 – 3.12: Cattaraugus Territory Water Resources .................................................................. 64

Figures 4.1 – 4.4: Oil Spring Territory Water Resources ...................................................................... 76

Appendix B – Numeric Water Quality Criteria ....................................................................... 80

Section B-1: Recreational Water Quality Criteria .................................................................................. 80

(A) Primary Contact Recreation and Ceremonial Use .................................................................. 80

Table B-1: Primary Contact Recreation and Ceremonial and Cultural Use Water Quality Criteria .. 80

Section B-2: Water quality criteria for toxic pollutants ......................................................................... 81

(A) Toxic Pollutants .......................................................................................................................... 81

(B) Criteria Types ............................................................................................................................. 81

(C) Units ............................................................................................................................................. 82

Table B-2: Water Quality Criteria for Toxic Pollutants ..................................................................... 83

Table B-2a: Selenium Aquatic Life Criteria for Fresh Waters ........................................................ 109

Table B-3: Conversion Factors (CF)a for Dissolved Metal Criteria ................................................ 110

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Appendix C – Applicable References ...................................................................................... 111

Section C-1: 40 CFR § 131.14 ............................................................................................................. 111

Section C-2: 40 CFR § 132, Appendix B to Part 132 .......................................................................... 112

Section C-3: 40 CFR § 132, Appendix F to Part 132........................................................................... 113

Section C-4: 40 CFR § 122.47 ............................................................................................................. 114

Section C-5: 40 CFR § 132, Tables to Part 132 ................................................................................... 115

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ARTICLE I. General Provisions

Section 100: Background, Findings, and Purpose

(A). Background

(a) The Seneca Nation (“Nation”) is a federally recognized Native nation that includes five territories

in Western New York: Allegany, Cattaraugus, Oil Springs, Buffalo Creek, and Niagara Falls. Three

of the territories contain water bodies of significant value.

1. The Allegany Territory consists of 31,180.9 acres which surround the Ohi:yo’ (Allegany

River/Reservoir) (110 miles of shoreline) and other streams and creeks; it contains a total of

226 miles of water bodies (Figures 2.1-2.11). In 1960, the United States Army Corps of

Engineers (“Army Corps”) was authorized by the United States government to build the Kinzua

Dam for flood control for the City of Pittsburgh, Pennsylvania. Approximately 10,000 acres of

land were taken by the Army Corps through a permanent easement for the construction of the

Kinzua Dam and reservoir. Construction of the Dam and reservoir resulted in the inundation

of that land.

2. The Cattaraugus Territory consists of 22,060.8 acres and surrounds 16.4 miles of the

Ga’dä:gësgë:ö’ Gëhö:de’ (Cattaraugus Creek) as well as other streams and creeks, for a total

of 56.6 miles, as shown in Figures 3.1-3.12.

3. The Oil Spring Territory consists of 641.9 acres of land and includes at least 2.3 miles of water

resources, including a percentage of Cuba Lake and 1.16 miles of shoreline along that lake

(Figure 4.1-4.4).

(b) The Nation has occupied its land since time immemorial and has aboriginal and sovereign water

rights on its territories. Proximity to the water is at the core of the Seneca people. The Seneca people

have made their homes along the water and have used this natural resource for cultural, ceremonial,

religious, fishery, seasonal, residential, and other purposes fundamental to the Seneca way of life.

Seneca way of life. Most importantly, water is necessary for the health and welfare, political

integrity and economic security of the Nation as a whole. The value and importance of water to the

Seneca Nation is expressed in the Ganö:nyök, the Seneca Thanksgiving Address:

O:neganos - The Waters

The Creator made the water, in the rivers and lakes and the oceans, and the underground Springs And the Creator touched the water in the beginning of time and he made the water living,

And so the water is like us, it has a soul and it has a spirit And the Creator said to the water in the beginning, he said, “all the life I made, they have to drink

the water, and so your job is to go into the creeks, and the springs, and rivers, and the oceans the

big waters,

And you look for the people where they live and you will quench their thirst as you pass their

Villages And so it is, that the water is making heartbeat and making like the Splashes and the waves on the

lake and the river, same thing as the heart is going - same thing, and so the water is living - And so

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that's why everyday you and I, we have to drink the fresh cold water so that we can live for

tomorrow And that's how the Creator intended it and so that's why the Creator wants us every time we drink

the water to give thanks to the Creator and say thank you to the water that quenches our thirst And so the rivers and the lakes are still going, and yet still our thirst is being quenched every dayAnd so as we are thinking about this matter, we can put our minds together easilyAnd we can send our thank you, our greetings, and our love to the spirit of the waters of all the

world for following the Creator's way of doing thingsAnd we say thank you with love to the Waters of the world and our mind is agreed.

Then Our Creator made the fish and all the life in the water,

And the Creator said to the fish, he gave them a spirit and he gave them a soul, same as us, and he

told the fish to keep the water clean, anything that falls in there they grab it right awayAnd he said to the people and the animals, that whenever you need the fish for food, you can go

there to the waters and they will give to you, and they will nourish your bodyAnd so the fish even today have a hard time, but they don't give up, they keep going right until their

last breath, because the Creator told them to, and they don't give up.

And so I say that we the people, who are relative in a spiritual way to the fish life of the world, they

still do their job for you and I,

And so for that reason, with Oneness of mind, we send our greetings and our love and our

thankfulness, to the fish life of the worldAnd so it be that way in our minds.

-Sakokwenionkwas Tom Porter 1996 Thanksgiving Address

(B). Findings

(a) Since time immemorial water and proximity to water have been highly valued by the Seneca people.

The Seneca have made their homes along the water and the people have used this natural resource

for cultural, religious, fishery, seasonal residential, and other purposes fundamental to the Seneca

people’s way of life.

(b) Water and the species and habitats it supports are an integral part of the Seneca way of life and

their protection is necessary for the health and welfare, political integrity, and economic security

of the Nation as a whole.

waters and natural and cultural resources entrusted to the Nation by the Creator and has been

secured to the Nation by treaty with the United States.

(d) The Nation and its people have faced significant challenges due to the impact of off-Territory

projects like the Kinzua Dam and the "Seneca" Pumped Storage Project on Nation water resources.

The Allegany River and Cattaraugus Creek areas have been particularly affected, with actual and

potential contamination by toxic substances and hazardous materials, as well as alterations in water

levels and flow patterns, stemming from past or ongoing off-territory land use activities.

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(e) Impacts from upstream sources and discharges have occurred without adequate disclosure to the

Nation, potentially jeopardizing water quality and public health. For example, rogue releases from

substandard wastewater treatment plants, unmonitored agricultural operations, and poorly

regulated/enforced upstream industries, as well as the installation and operation of a nuclear

processing facility known as the West Valley Demonstration Project, have all impacted Seneca

Waters. Their adverse impacts are evident, such as the increased occurrence of harmful algal

blooms on the Ohi:yo’ due to significant sediment loading and erosion along the Ga’dä:gësgë:ö’

Gëhö:de’. Addressing these issues is crucial to mitigate risks and safeguard the well-being of the

community.

(C). Purpose

(a) It is the policy of the Seneca Nation Council and the purpose of these Water Quality Standards to

maintain, protect and enhance the quality of Seneca Waters; by doing so to promote the health,

safety, social welfare and economic well-being of the Seneca Nation, its people and all residents of

the Seneca Nation Territory; to achieve a level of water quality that provides for all cultural uses

of the water, for the protection of habitat which will promote viable sustainable fisheries, for the

propagation of fish, shellfish, wildlife and other aquatic resources, for the consumption of aquatic

organisms, for recreation in and on the water, and for all existing and designated uses of the water;

and to enhance the environment of the Seneca Nation Territory, as the permanent homeland of the

Seneca people.

(b) Water Quality Standards define the water quality goals of a water body, or portion thereof, by

designating the use or uses to be made of the water and by setting criteria that protect the designated

uses and the people that use it. The designated uses and water quality criteria and standards set

forth herein are established in conformance with existing uses of Seneca Waters and in

consideration of the water quality potential and limitations of those waters. The criteria are designed

to protect fundamental cultural, ceremonial, religious, fishery, and seasonal residential uses, public

health and safety, and other water quality matters.

the Seneca Nation Territory.

Section 101: Authority, Effective Date, and Scope

(A). Authority

The Seneca Nation has inherent sovereign authority to protect and control its water resources to ensure the

health, safety, and cultural well-being of the Seneca people and to promote the political integrity and

economic security of the Nation. The Seneca Nation Council hereby enacts these Water Quality Standards

pursuant to this sovereign authority and its authority under Article XIII of the Constitution of the Seneca

Nation of Indians of 1848 1, as amended.

(B). Effective Date

These Water Quality Standards shall become effective immediately upon their enactment by the Council.

(C). Scope

These standards apply to all Seneca Waters to protect those waters from any and all impacts regardless of

where the source of those impacts is located. These standards shall be met by all discharges, structures, and

other applicable activities that affect Seneca Waters, whether they are located within, bordering upon, or

upstream of the Seneca Nation Territory.

https://sni.org/app/uploads/2021/12/Constitution-of-the-Seneca-Nation.pdf

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Section 102: Administration

(A). General Administration

The Seneca Nation Council delegates to the Environmental Protection Department (“EPD”), and

specifically to the Water Quality Office within EPD, the authority and duty to administer these Water

Quality Standards and to develop related water quality protection programs. In addition to the specific

authorities and duties listed in the remainder of this section, EPD has the authority to:

(a) Conduct or contract for studies, research, and demonstrations with respect to the reduction or

prevention of water pollution;

(b) Furnish technical services relating to water pollution problems and control technologies;

and thermal properties of Seneca Waters; and

(d) Perform such other functions as are reasonably required for the implementation of these Water

Quality Standards.

(B). Entry and Inspection

EPD shall have the authority to enter and inspect at any reasonable time and in a reasonable manner any

property, premise, or place in order to investigate any activity causing, threatening, or allowing water

pollution to determine compliance with these Water Quality Standards and with applicable permits, if any.

Such right of entry and inspection shall include but is not limited to the right to copy relevant records,

inspect monitoring or sampling equipment, inspect treatment processes or equipment, and sample effluents

that are being discharged into Seneca Waters.

(C). Enforcement

(a) If the entry and inspection provided for in Subsection B of this section is denied, the EPD may

obtain from the Peacemakers Court a warrant to enter and inspect the property, premise, or place

in question.

(b) The EPD may issue emergency orders under its own authority, notwithstanding any Peacemaker

Court Rules to the contrary. Specifically, if the EPD determines that discharge of pollutants into

the Seneca Waters from point or nonpoint sources or a combination of such sources is presenting

an imminent and substantial endangerment to the public health or welfare or the environment, the

EPD may, after consultation with the Seneca Nation’s Legal Department, issue such emergency

orders as may be necessary to protect public health or welfare or the environment.

(i) Such orders shall be supported by the EPD record, may prohibit, restrict, or condition any

and all activities that contribute or may contribute to the emergency, shall be effective

immediately upon issuance, and shall remain in effect unless overturned or modified after

a hearing, if a hearing is requested, or unless the EPD brings a civil action on the same

matter in Peacemakers Court pursuant to Paragraph (c) below of this subsection. If the

EPD brings such an action, the emergency order shall remain in effect for an additional 14

days beyond commencement of the action or for such longer period as may be authorized

by the Peacemakers Court.

(ii) A respondent issued an emergency order may submit a written request for a hearing on the

order within 30 days after issuance of the order. Within 15 days of receiving the request

for a hearing, EPD shall designate a Hearing Officer to preside at the hearing. Within 15

days of being designated, the Hearing Officer shall issue an order setting a date and location

for the hearing; the date shall be at least 30 days after the date of issuance of the order.

(iii) The Hearing Officer is hereby given the authority necessary to conduct the hearing and

shall conduct a fair and impartial proceeding, shall maintain a record of the hearing, shall

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not have any financial interest in the subject matter of the hearing, shall not have a

relationship with a party to the hearing or to the subject matter of the hearing that would

make it inappropriate to serve as the hearing official, and shall avoid delay. As soon as

possible after the conclusion of the hearing the Hearing Official shall issue a written

decision in which he or she may affirm, modify, or reverse the emergency order based on

the evidence and arguments presented at the hearing. The decision shall contain findings

of fact, conclusions of law, the reasons for those conclusions, and a final order. The

decision of the Hearing Officer constitutes final agency action and may be appealed to the

Seneca Nation Court of Appeals.

(iv) A respondent issued an emergency order may request in writing that the EPD stay the

emergency order pending the outcome of a hearing under Subparagraph (iii) above. The

request for a stay shall state the circumstances that justify the stay. EPD shall grant or deny

the stay within 5 days after receipt of the request. If the EPD denies the stay, the denial

shall be deemed final agency action subject to judicial review in the Seneca Nation Court

of Appeals.

(v) If the respondent does not request a hearing within the 30 days provided, the emergency

order shall not be subject to judicial review.

Peacemakers Court to enforce these Water Quality Standards. Specifically, the Director may

request the Legal Department to file an action on EPD’s behalf for a temporary restraining order, a

preliminary injunction, a permanent injunction, or any other relief provided by law, including the

assessment and recovery of civil penalties, in any of the following instances:

(i) Whenever a person has violated, or is in violation of, any provision, requirement or

prohibition of these Water Quality Standards;

(ii) Whenever a person has violated, or is in violation of, any duty to allow or carry out

inspection, entry, or monitoring activities; or

(iii) Whenever a person is creating an imminent and substantial endangerment to the public

health or the environment, in which case the Director shall request the Legal Department

to pursue injunctive relief but not the assessment of civil penalties, unless the

endangerment is caused by a violation, as specified in Subparagraphs (i) and (ii) above.

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Section 103: Revision of Water Quality Standards

(A). Triennial Review

At least once every three (3) years, the EPD shall review, hold public hearings on, and, as appropriate,

recommend to the Seneca Nation Council revisions of these Water Quality Standards, taking into

consideration the best current information available to it. EPD shall also re-examine any waterbody segment

with water quality standards that do not include uses related to the protection and propagation of fish,

shellfish, wildlife, human health, or recreation in or on the water, to determine if any new information has

become available. If such new information indicates that such uses are now attainable, the Nation shall

revise its standards accordingly.

Revisions to the Water Quality Standards shall incorporate relevant scientific and engineering advances

with respect to water quality and waste treatment and shall be made pursuant to the public comment and

hearing procedures described in Subsection B of this section. Whenever the Nation revises or adopts a new

standard, the revised or new standard shall be submitted to the U.S. Environmental Protection Agency

(“EPA”) for review and approval as a federally enforceable standard, consistent with Clean Water Act

(“CWA”) § 303(c)(2)-(3), 42 U.S.C. §1313(c)(2)-(3), as amended.

(B). Public Comment and Hearing

Any revisions to these Water Quality Standards shall be made pursuant to the following procedures.

(a) Public Notice and Comment

EPD shall provide the public with notice of any proposed revisions to these Water Quality

Standards by:

(i)

(ii)

(iii)

Mailing or emailing notice to other Seneca Nation departments and programs, federal

agencies, and agencies of affected Native nations and states that are likely to have an

interest in the rulemaking, such as environmental agencies and agencies and departments

with jurisdiction over fish and wildlife and other natural resources;

Mailing or emailing notice to persons on a list maintained by the EPD of persons who may

be interested or affected by the proposed revisions to the Water Quality Standards; and

Using any other method that EPD finds to be appropriate for eliciting public participation,

such as issuing a press release, posting notice on a web page, publishing notice in the

Seneca Nation Newsletter, or providing notice at a public forum.

The notice shall provide at least 45 days for the public to submit written comments on the proposed

revisions.

(b) Public Hearing

The EPD also shall provide a public hearing on proposed revisions to these Water Quality

Standards so that comments may be made orally. Notice of a public hearing shall be made at

least 45 days prior to the hearing. Public notice of the hearing may be provided at the same time

as public notice of the proposed revisions to the Water Quality Standards, and the two notices

may be combined.

Public notices issued under this subsection shall contain the following information:

(i)

Name and address of the office proposing the revisions;

(ii)

A brief description of the proposed revisions;

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(iii)

(iv)

(v)

(vi)

Name, address, email address, and telephone number of a person from whom interested

persons may obtain further information, including copies of the proposed revisions (the

proposed revisions also may be posted on a website and the website address provided);

A brief description of the comment procedures and the time and place of the public hearing;

The location of the administrative record, the times at which the record will be open for

public inspection, and a statement that all comments submitted will be available as part of

the administrative record; and

Any additional information that the EPD considers appropriate to provide.

If the public notice for a hearing is issued separately from the public notice of the proposed

revisions, in addition to providing the information listed above, the notice shall reference the date

of any previous public notices relating to the proposed revisions and include a brief description of

the nature and purpose of the hearing, including applicable procedures.

(d) Procedures for Public Hearing

(i)

(ii)

(iii)

(iv)

(v)

(vi)

The EPD shall designate a Hearing Moderator for the public hearing. The EPD Director

or a member of the staff may serve as the Hearing Moderator, so long as the Hearing

Moderator does not have a financial interest in the outcome of the proposed revisions. The

public hearing is not an adjudicative hearing and is conducted solely for the purpose of

providing an opportunity to the public to orally present their views on the proposed

revisions to the Water Quality Standards. The Hearing Moderator shall be responsible for

the orderly conduct of the public hearing but is not empowered to make any findings of

fact, conclusions of law, or recommendations on the proposed revisions to the Standards.

Hearings shall be held at a time and place that facilitates attendance by the public.

The Water Quality Program Manager, another member of the EPD staff, or the Hearing

Moderator shall inform the audience of the issues involved in the proposed revisions, the

considerations the EPD will take into account, the EPD’s tentative determinations (if any)

to be recommended to the Council, and any information that is particularly solicited from

the public.

Any person may submit oral or written statements and information concerning the

proposed revisions to the Water Quality Standards. The Hearing Moderator may set

reasonable limits on the time allowed for oral statements. The Hearing Moderator shall

allow the submission of written statements at the hearing but shall not require a written

statement instead of or as a condition of making an oral statement.

A recording or written transcript shall be made of the hearing. At the conclusion of the

hearing the Hearing Moderator shall forward to the EPD the record of the hearing, which

shall consist of the recording or written transcript and any materials submitted at the

hearing. The hearing record shall be made available to the public for review.

If the EPD determines it necessary, the EPD shall extend the public comment period

provided under Paragraph (a) of this Subsection B to allow the record to remain open for

at least 30 days after the public hearing to provide an opportunity for the submission of

rebuttal and supplementary information.

(e) Obligation to Raise Issues During the Public Comment Period

(i)

All persons who believe that a proposed revision to the Water Quality Standards should be

issued, modified, or withdrawn must raise all reasonably ascertainable issues and submit

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(ii)

all reasonably available arguments and facts supporting their position, including all

supporting material, by the close of the public comment period.

The EPD may extend the public comment period on its own initiative or on request if it

determines that such extension is necessary to obtain full public participation and may grant

additional time to comment to any person who demonstrates a need for such time.

(f) Reopening the Public Comment Period

(i)

(ii)

(iii)

Whenever any data, information, or arguments submitted during the public comment

period appear to raise substantial new questions concerning a proposed revision to the

Water Quality Standards or the EPD becomes aware of significant new information, the

EPD may take one of the following actions:

(1) Withdraw revision and reopen the public comment period; or

(2) Prepare a new proposed revision and reopen the public comment period; or

(3) Reopen or extend the comment period to give interested persons an opportunity to

comment on the information or arguments submitted.

The EPD shall issue public notice under Paragraph (a) of this Subsection B of any action

taken pursuant to this Paragraph (f). In addition to the requirements of Paragraph (a), the

notice for any action taken to reopen the public comment period shall state the scope of the

reopening. Such scope shall be limited to the substantial new questions or significant new

information that caused the reopening.

If the comment period is reopened pursuant to Subparagraphs (f)(i)(2) or (3) above, all

reasonably available legal and factual grounds concerning the substantial new questions or

significant new information, including any supporting material, shall be submitted in

writing by a date not less than 45 days after the date of the public notice issued pursuant to

Subparagraph (f)(ii). Thereafter, any person may file a written response to any such

submission by a date not less than 30 days after the date set forth for filing the submission.

Persons desiring to comment may request longer comment periods, which the EPD may

allow to the extent the EPD finds is necessary to effect the purpose of the reopening.

(g) Response to Comments and Administrative Record

(i)

(ii)

Response to comments. The final revisions to the Water Quality Standards shall be

accompanied by a response to the comments received. The EPD shall fully consider all

comments received during the public comment period, including during any public hearing.

The response shall: specify which of the proposed revisions have been changed, if any, and

the reasons for the change; briefly describe and respond to all significant comments raised

during the public comment period, including during the public hearing; and be made

available to the public.

Administrative record. The administrative record shall consist of:

(1) The proposed revisions;

(2) The public notice(s);

(3) All comments received during the public comment period, including any extension

or reopening of the public comment period;

(4) The tape or transcript of the public hearing and any written materials submitted at

the hearing;

(5) The response to comments and any new material that is referenced in response to

comments;

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(6) Any other documents contained in the supporting file for the revisions to the Water

Quality Standards; and

(7) The final revised Water Quality Standards.

The documents required under this Subparagraph (g)(ii) shall be added to the record as

soon as possible after their receipt or issuance. The administrative record shall be complete

upon issuance of the revised Water Quality Standards. The administrative record shall be

available for public inspection beginning no later than the date of the public notice, despite

not yet being complete. Material readily available at the EPD office or published material

that is generally available need not be physically included with the rest of the

administrative record.

(h) Issuance and Effective Date of Revised Water Quality Standards

(i)

(ii)

(iii)

The Nation shall issue the final revised Water Quality Standards based on the

administrative record.

The revised Water Quality Standards shall become effective upon approval by the Seneca

Nation Council.

The EPD shall give public notice of the adoption of the revised Water Quality Standards

as soon as possible pursuant to Paragraphs (a) and (c) of this subsection B and shall mail

or email a notice to the same persons as were mailed or emailed notice of the proposed

revisions, and to anyone else who requests to receive notice.

(i) Reconsideration After Issuance

(i)

(ii)

(iii)

Whenever a person demonstrates to the EPD that it was impracticable to raise an objection

within the public comment period, or if the grounds for the objection arose after the close

of the comment period but within the time allowed for judicial review, and if the objection

is of central relevance to the outcome of the revisions to the Water Quality Standards, the

EPD shall convene a proceeding for reconsideration of the revised Water Quality Standards

and provide the same procedural rights as would have been afforded if the information has

been available at the time the revisions were proposed. The EPD may stay the effectiveness

of the revised Water Quality Standards if necessary for the time required to allow

reconsideration to occur. The proceeding for reconsideration shall include a new public

comment period, which shall be limited in scope to the objection(s) that prompted the

reconsideration.

All persons, including the person making the objection(s) that prompted the

reconsideration, who believe that the revised Water Quality Standards are inappropriate for

any of the grounds raised by the objection(s) at issue must submit all reasonably available

legal and factual grounds supporting their position, including all supporting material, by a

date no sooner than 30 days after the public notice of the reconsideration is issued under

Subparagraph (h)(iii) below. Thereafter any person may file a written response by a date

no sooner than 30 days after the date set by the EPD for filing the material. Persons desiring

to comment may request longer comment periods, which the EPD may grant to the extent

that it finds necessary to effect the purpose of the reconsideration.

Public notice of reconsideration shall be issued by the EPD pursuant to Paragraphs (a) and

notice shall describe the objection that prompted the reconsideration proceeding, shall state

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(iv)

(v)

(vi)

the scope of the reconsideration, and shall state whether the effectiveness of the revised

Water Quality Standards has been stayed.

The EPD shall hold a public hearing pursuant to Paragraphs (b) and (d) of this subsection.

The EPD shall maintain the administrative record of the reconsideration proceeding

pursuant to Subparagraph (g)(ii) of this subsection.

Within a reasonable time after the close of the public comment period, the EPD shall issue

a final decision on reconsideration pursuant to Paragraph (h) of this subsection. The EPD

shall provide public notice of the decision pursuant to Subparagraph (h)(iii) of this

subsection and shall make available a response to comments pursuant to Subparagraph

(g)(i) of this subsection.

(C). Judicial Review

(a) Exhaustion. Any person challenging revised Water Quality Standards or the refusal of the Nation

to reconsider revisions to the Water Quality Standards must have followed the procedures set forth

in Subsection B of this section as a prerequisite to seeking judicial review of the revised Water

Quality Standards or the EPD’s decision to deny reconsideration.

(b) Notice of Appeal. A person may seek judicial review in the Seneca Nation Court of Appeals no

later than 30 days after the EPD issues notice, pursuant to Subparagraph B(g)(iii) of this section,

of either the revised Water Quality Standards at issue or the decision on reconsideration. The

person shall file a notice of appeal pursuant to the Rules of Procedure for the Court of Appeals, as

modified by this section.

filed pursuant to Paragraph (b) of this Subsection C, the EPD shall file in the Seneca Nation’s Court

of Appeals a certified index of the administrative record on which the revised Water Quality

Standards or denial of reconsideration.

(d) Standard for review. The Court’s review shall be based on the administrative record. The Court

may affirm, reverse, modify in whole or in part, or remand to EPD for further consideration any

revised Water Quality Standard or denial of reconsideration, provided that the Court may reverse,

modify or remand only if the action at issue is arbitrary and capricious, and abuse of discretion, or

otherwise not in accordance with the law; in excess of jurisdiction or statutory authority; without

observance of procedure required by law; or unsupported by substantial evidence. In no event shall

the Court award damages against the Nation.

Section 104: Dispute Resolution

If a dispute arises between the Nation and a state or other Native nation approved by EPA to administer a

Water Quality Standards program due to differing water quality standards between the two jurisdictions,

the Nation will follow the Dispute Resolution Mechanism promulgated by the EPA and codified at 40

C.F.R. § 131.7, as may be revised from time to time, and incorporated herein by reference.

Section 105: Severability

If any provision of these Water Quality Standards or the application of any provision to any person or

circumstance is held to be invalid, the remainder of these Water Quality Standards and the application of

such provision to other persons or circumstances shall remain unaffected.

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ARTICLE II. Definitions

Section 200: Definitions

Acute toxicity: toxicity that occurs within any short observation period, begins when the exposure begins,

may extend beyond the exposure period, and usually does not constitute a substantial portion of the life

span of an organism.

Adverse effect: any detrimental effect to any organism associated with exposure to a substance or to a

change or changes in a water body’s characteristics, including water flow, water level, water movement, or

water temperature. This includes effects that are or may become debilitating, harmful, or toxic to the normal

functions of the organism, but does not include non-harmful effects such as tissue discoloration alone or

the induction of enzymes involved in the metabolism of the substance.

Algae: simple plant organisms without roots, stems, or leaves that contain chlorophyll and are capable of

photosynthesis.

Ambient conditions: the measurable biological, chemical, and physical characteristics of Seneca Waters

and associated dependent biotic communities.

Aquatic life: any animal or plant, such as fish, shellfish, macroinvertebrates, and wildlife, which lives at

least part of its life cycle in the water.

Best Management Practices: practices consistent with the purposes of these Water Quality Standards that

are undertaken to control, restrict, and diminish nonpoint sources of pollution, and measures, including but

not limited to structural measures, that are determined to be the most effective and practicable means of

preventing or reducing pollution from nonpoint sources.

Bioaccumulation: the process by which a compound is gradually taken up by living organisms and

increases in concentration as they ingest and absorb the polluted air, water, or food faster than they can

excrete or otherwise eliminate it.

Bioaccumulative chemical of concern or “BCC”: any chemical which, upon entering Seneca Waters,

has the potential to cause adverse effects, by itself or as its toxic transformation product, by accumulating

in aquatic organisms at a human health bioaccumulation factor greater than 1000, after considering

metabolism and other physiochemical properties that might enhance or inhibit bioaccumulation, as

determined in accordance with the methodology outlined in Appendix B of 40 C.F.R. Part 132, as may be

revised from time to time, and incorporated herein by reference. BCCs include, but are not limited to, the

pollutants identified in Section A of Table 6 of 40 C.F.R. Part 132. C.F.R. references can be found in

Appendix C.

Biological Criteria: Narrative expressions or numerical values that describe the biological integrity of

aquatic communities inhabiting waters of a given designated aquatic life use. Biological criteria serve as

an index of aquatic community health.

Biological Integrity: the condition of the aquatic community inhabiting unimpaired water bodies of a

specified habitat as measured by community structure and function.

Ceremonial and Spiritual Water Use: the use of water for spiritual and cultural practices that may involve

primary and secondary contact with water, as well as consumption of water. This shall include uses of a

water body to fulfill cultural, traditional, spiritual, or religious needs of the people of the Seneca Nation.

cfs: cubic feet per second.

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CFU: colony forming units, expressed as cfu per 100 milliliters.

Chronic toxicity: concurrent and delayed adverse effects that occur only as a result of a chronic exposure.

This includes long-term adverse effects to organisms (when compared to the life-span of the organism)

caused by or relate to changes in feeding, growth, metabolism, reproduction, genetic mutations, or pollutant

exposure. Short-term test methods for detecting chronic toxicity may be used to draw conclusions about

chronic toxicity.

Clean Water Act or “CWA”: the federal Clean Water Act, 33 U.S.C §§ 1251-1387, as amended.

Cold water fish: fish species that require a relatively cold water habitat, including but not limited to brook

trout, sculpin, lamprey, chub, shiner, longnose sucker, smallmouth bass, Allegany Hellbender, sturgeon,

and chinook and coho salmon.

Cold Water Fishery: a Seneca Nation Water where the water quality supports or has the potential to

support the maintenance and/or propagation of cold water fish communities and/or spawning areas.

Color: the true color of the water from which turbidity has been removed, or the apparent color of the

water, including the color due to substances in solution as suspended matter.

Compliance Schedule: a schedule of remedial measures included in a CWA permit, including an

enforceable sequence of interim requirements (for example, actions, operations, or milestone events)

leading to compliance with the CWA and its implementing regulations.

Confluence: the area where two or more waters join to form a single channel.

Criteria: elements of these Water Quality Standards, expressed as constituent concentrations, levels, or

narrative statements, representing a quality of water that supports a particular designated use. When criteria

are met, water quality will generally protect the designated use.

Criteria continuous concentration (CCC): the highest instream concentration of a toxicant or an effluent

to which organisms can be exposed indefinitely without causing unacceptable effect. Also known as chronic

aquatic life criteria, AL(C).

Criteria maximum concentration (CMC): the highest instream concentration of a toxicant or an effluent

to which organisms can be exposed for a brief period of time without causing an acute effect. Also known

as acute aquatic life criteria, AL(A).

Ceremonial and Cultural Use: water quality supports activities essential to maintaining the Seneca

Nation’s cultural heritage, including but not limited to ceremonial or spiritual uses that involve primary and

secondary contact and ingestion, subsistence fishing, hunting, harvesting, in-stream flow, and medicinal

plant collection.

Designated Use: a use specified in these Water Quality Standards as a goal for a water body or segment,

regardless of whether it is currently being attained. The Designated Uses for Seneca Waters are listed in

Section 300.

Dissolved Oxygen (DO): the amount of oxygen dissolved in water or available for biochemical activity in

water.

E. coli: a specific bacterium used as an indicator of fecal (pathogen) pollution in freshwater environments.

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Effluent: the water and the quantities, rates, and concentrations of chemical, physical, biological, and other

constituents discharged from a point source.

EPA: the United States Environmental Protection Agency.

EPD: the Environmental Protection Department of the Seneca Nation.

Ephemeral Stream: a stream that has flowing water only during and for a short duration after precipitation

events, in a typical year. Runoff from rainfall or snowmelts are the primary sources of water for these

streams, and groundwater is not a source of water features.

Existing Uses: all uses attained in a water body on or after November 28, 1975, regardless of whether they

are included in the Water Quality Standards or presently exist.

Fecal coliform: that portion of the coliform group which is present in the intestinal tract and feces of warmblooded animals.

Fish: all species of fish and shellfish and their eggs, offspring, and spawn.

Fishery: a complex community of fishes and shellfishes dependent on adequate water quality and quantity

and the habitat provided by a water body, inclusive of cold water and warm water fisheries.

Flow: the volume of water passing through the cross-sectional area of a stream, river, or run per unit of

time.

Groundwater: all subsurface water situated within the Seneca Nation Territory.

Hardness: the measure of calcium (Ca2+) and magnesium (Mg2+) and other divalent cations. For the

purpose of these standards, hardness is measured in milligrams per liter (mg/L) and generalized as calcium

carbonate (CaCO3).

Highest Attainable Use: the modified aquatic life, wildlife, or recreation use that is both closest to the

uses specified in § 101(a)(2) of the Clean Water Act and attainable, based on the evaluation of the factors

in § 40 C.F.R. § 131.10(g), as may be revised from time to time, and incorporated herein by reference, that

preclude(s) attainment of the use and any other information or analyses that were used to evaluate

attainability.

Intermittent Stream: a stream or stream stretch that flows during certain times of the year, when

groundwater provides water for stream flow. During dry periods, intermittent streams may not have flowing

water.

Milligrams per Liter (mg/L): the concentration at which one milligram is contained in a volume of one

liter.

Mixing Zone: an area where an effluent discharge undergoes initial dilution and which is extended to cover

secondary mixing in the ambient water body. A mixing zone is an allocated impact zone where water quality

criteria can be exceeded if acutely toxic conditions are prevented.

Native: an original or indigenous organism (whether the subject is a person, animal, or plant) of a region,

meaning it is naturally present.

Narrative Criteria: criteria that describe the desired conditions of a water body that is free from certain

negative conditions.

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Natural Condition: background concentration due only to non-anthropogenic sources, i.e., non-manmade

sources.

Nonpoint Source: any source of water pollution that does not meet the legal definition or requirements of

“point source” as defined in these Water Quality Standards and as specified in Section 502(14) of the Clean

Water Act, 33 U.S.C. § 1362(14).

Nonpoint Source Pollution: any dispersed land, air, or water-based pollution that does not originate from

a single discrete source (i.e., a point source) but contributes to water quality degradation. Often referred to

as “polluted runoff,” a nonpoint source pollution includes but is not limited to: atmospheric deposition;

surface water runoff or snow melt containing pollutants from agricultural, urban, forest, construction, or

mining lands; drainage basins or seepage from subsurface or underground sources; onsite wastewater

treatment and discharges from boats or marine vessels not otherwise regulated under the National Pollutant

Discharge Elimination System (“NPDES”) program. This type of pollution results from contaminants

accumulated over a large area and transported to waterbodies, and these contaminants can be in the form

of nutrients, salts, oil and grease, sediment, pathogens, debris, by-products from fossil fuel combustion and

other substances and materials.

NPDES permit: A National Discharge Pollutant Elimination System permit issued pursuant to Section 402

of the Clean Water Act, 33 U.S.C. § 1342.

Outstanding Seneca Resource Waters: Seneca Waters similar to Outstanding National Resource Waters

under the Clean Water Act. These waters represent a unique, sacred, or cultural or ecological resource of

the Seneca Nation and are therefore given the highest level of protection under the antidegradation policy

in Section 500(A) of these Water Quality Standards, consistent with 40 C.F.R. § 131.12(a)(3)

(Antidegradation policy and implementation methods). Other waters whose high quality make them an

exceptional recreational, cultural or ecological resource of the Nation may also be designated Outstanding

Seneca Resource Waters pursuant to Subsection 500(A) of these Water Quality Standards.

Perennial Stream: a stream or stream reach that flows continuously throughout the year and the upper

surface of which is generally lower than the water table of the region adjoining the stream.

Person: an individual, trust, firm, association, partnership, political subdivision, government or

government agency, municipality, industry, public or private corporation, or any other entity whatsoever.

pH: a measure of acidity (less than 7) or alkalinity (greater than 7) of a solution; a pH of 7 is considered

neutral.

Point Source: any discernable, confined, and discrete conveyance, including but not limited to any pipe,

ditch, dam, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal

feeding operation (“CAFO”), landfill leachate collection system, vessel or other floating craft from which

pollutants are discharged or may be discharged into a water body, or which alter the flow of water. The

term does not include agricultural storm water discharges except for CAFOs or return flows from irrigated

agriculture.

Pollution: any man-made or man-induced alteration of the chemical, physical, biological or radiological

integrity of water. The physical integrity of water includes water level, water flow, water movement, and

water temperature.

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Pollutant: 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.

Practicable: technologically possible, able to be put into practice, and economically viable.

Primary Contact Recreation: a use of the water that causes a person to come into direct contact with the

water up to and including complete submergence, including probable ingestion of the water or contact with

human membrane material. Examples include, but not limited to, ceremonial uses, swimming, and water

skiing.

Reference Conditions: characteristics of waterbody segments least impaired by human activities. As such,

reference conditions can be used to describe attainable biological or habitat conditions for waterbody

segments with common watershed/catchment characteristics within defined waterbody classes.

Run: a small stream.

Statistical Threshold Value (STV): refers to the approximation of the 90th percentile of the water quality

distribution and is intended to be a value that should not be exceeded by more than 10 percent of the samples

taken.

Secondary Contact Recreation: a use of water that may cause the water to come into direct contact with

human skin but normally not to the point of submergence, ingestion, or contact with human membrane

material. Examples include boating, fishing, or wading.

Seneca Nation or Nation: the political and governmental body federally recognized as the Seneca Nation

of Indians.

Seneca Nation Territory: all lands located within the exterior boundaries of the Allegany Territory, the

Cattaraugus Territory, the Oil Springs Territory, the Buffalo Creek Territory, the Niagara Falls Territory,

and any other lands the Nation may acquire in the future and hold as tribal trust land or in restricted fee.

Seneca Waters: all surface waters contained within, flowing through, hydrologically connected, or

bordering upon the Seneca Nation Territory or any portion thereof, including but not limited to all portions

of rivers, streams (including perennial, intermittent, and ephemeral streams and their tributaries), creeks,

runs, lakes, ponds, brooks, dry washes, marshes, waterways, wetlands, mudflats, sandflats, sandbars,

sloughs, reservoirs, impoundments, riparian areas, springs seeps, vernal pools, and all other bodies or

accumulations of water, natural or artificial, public or private, including those dry for part of the year.

Thermal Discharge: heated discharges with the potential to alter the growth and existence of aquatic

organisms.

Toxicity or toxic: those pollutants, or combinations of pollutants, including disease-causing agents, which

after discharge and upon exposure, ingestion, inhalation, or assimilation into any organism, either directly

from the environment or indirectly by ingestion through food chains, will, or are expected to on the basis

of information available to the administrator, cause death, disease, behavioral abnormalities, cancer, genetic

mutations, physiological malfunctions (including malfunctions in reproduction), or physical deformations,

in such organisms or their offspring.

Tributary: a river, creek, stream, or run that flows into a larger river, creek, stream, lake, or reservoir.

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Turbidity: a measure of the relative clarity of water. It is an optical measurement of the amount of light

scattered by material in the water, such as suspended organic and inorganic matter, dissolved colored

organic compounds, and other microscopic organisms. Turbidity is typically expressed as nephelometric

turbidity units (NTU) and measured with a calibrated turbidity meter.

Use Attainability Analysis: a structured scientific assessment of the factors affecting the attainment of

designated water uses, including but not limited to physical, chemical, biological, and economic factors as

described in 40 C.F.R. § 131.10(g) (Designation of uses).

Warm Water Fish: fish species that require a relatively warm water habitat, including but not limited to

northern pike, tiger muskellunge, smallmouth bass, largemouth bass, pickerel, sauger, walleye, rock bass,

and bullhead.

Warm Water Fishery: a Seneca Water where the water quality supports or has the potential to support the

maintenance and/or propagation of warm water fish communities and/or spawning areas.

Waste Treatment: the activities and technological controls required to ensure that discharges of waste do

not impair existing Water Quality Standards.

Water Quality Standards: these provisions of SN law designating uses for Seneca Waters and specifying

water quality criteria for such waters based upon their designated uses, which standards are intended to

protect the public health and welfare, protect tribal treaty rights to hunt, fish, and gather, enhance the quality

of Seneca Waters, and serve the purposes in Section 100(C) of these Water Quality Standards.

Water Quality Standards (“WQS”) Variance: a time-limited designated use and criterion for a specific

pollutants or water quality parameters that reflect the highest attainable condition during the term of the

WQS variance.

Water Quality: the chemical, biological, and physical conditions and characteristics of a water body or

portions thereof. Water quality may in some cases include water quantity.

Water Quantity: the amount of water as well as the water level, water flow, water movement and water

velocity.

Wetlands: an area that is inundated or saturated by surface water or groundwater at a frequency and

duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation

typically adapted for life in aquatic or saturated-soil conditions, commonly known as hydrophytic

vegetation. Wetlands generally include swamps, marshes, bogs and similar areas.

Wildlife: any form of living organism within the Seneca Nation Territory, including but not limited to all

wild animals, fish, shellfish, other aquatic life, birds, reptiles, macroinvertebrates, and amphibians and their

eggs, offspring, and spawn.

Wildlife Habitat: the waters and surrounding lands of the Seneca Nation Territory used by or that directly

or indirectly provide food support to wildlife at any stage of their life history or activity.

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ARTICLE III. Designated Uses and Classifications

Section 300: List of Designated Uses

(A). Designated Uses for Seneca Waters

Seneca Waters are assigned designated uses to protect the public health and welfare, enhance water quality,

and ensure that these water quality standards provide, wherever attainable, water quality sufficient for the

protection and propagation of fish, shellfish, wildlife, recreation, and ceremonial and cultural uses in and

on the water, as well as accommodating the use and value of waters for public water supplies, agricultural

purposes, and navigation. Designated uses are assigned to individual waterbodies to protect water quality

appropriate for each use. The following designated uses shall apply to Seneca Waters:

(a) Agricultural water supply (AGR). Water quality supports crop, orchard, and pasture irrigation,

stock watering, vegetation for range grazing, and all other uses in support of farming and ranching.

(b) Aquatic life (AL). Water quality supports conditions for a balanced aquatic community; water

quality supports any aquatic, semi-aquatic, or terrestrial wildlife indigenous to Seneca Nation

Territory and Waters, and such organism’s health and propagation.

(i)

Cold water fishery (CF). Water quality supports or has the potential to support the

maintenance and/or propagation of cold water fish communities and/or spawning areas.

(ii)

Warm water fishery (WF). Water quality supports or has the potential to support the

maintenance and/or propagation of warm water fish communities and/or spawning areas.

Seneca Nation’s cultural heritage, including but not limited to ceremonial or spiritual uses (that

involve primary and secondary contact and ingestion), subsistence fishing, hunting, harvesting, instream flow, and medicinal plant collection. Water bodies used for spiritual bathing, fasting camps,

or seasonal fish harvests are designated for ceremonial and cultural use. These waters must support

ingestion, immersion, and uninterrupted spiritual connection with the natural world, consistent with

the Creator’s original instructions.

(d) Human Consumption of Aquatic Organisms (HC). Protection of the health of human consumers

of fish, shellfish, and other aquatic life, including species important to the support of cultures and

traditions of the Seneca Nation. To protect the health of Seneca people who consume fish as part

of their subsistence and cultural practice, criteria for toxic pollutants shall be derived using a fish

consumption rate that is consistent with traditional diets and takes into consideration the lifestyle

of each fish species, including the temperature, spawning conditions, migration and primary

habitat.

(e) Navigation (N). Water quality supports navigation in and on the water.

(f) Primary contact recreation (PC). Water quality supports prolonged human contact, including

the possibility of ingestion or immersion. Examples include, but are not limited to, ceremonial

uses, swimming, and water skiing.

(g) Secondary contact recreation (SC). Water quality supports prolonged human contact where

immersion is unlikely but there is the possibility of minimal ingestion. This use includes, but is not

limited to, boating and fishing.

(h) Water supply (WS). Water quality, after appropriate treatment, supports use for human drinking

water supplies or for food processing.

Section 301: Designated Use Modifications

(A). Modifications to designated uses, including the addition or removal of a designated use or

establishment of a use subcategory, may be made pursuant to the provisions of Section 103 of these Water

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Quality Standards and consistent with the requirements of 40 C.F.R. § 131.10, as may be revised from time

to time, and incorporated herein by reference.

(B). In the event that water quality monitoring identifies water bodies where attainable quality is less than

the water quality required under the use designations in this Article III, the Seneca Nation will identify the

causes of, sources of, and contributing factors to the water quality threat or impairment and attempt to

restore water quality through the development and implementation of a point source pollution control plan

(if applicable), a nonpoint source pollution abatement plan, a watershed plan, or a Total Maximum Daily

Load (TMDL). If these measures are not successful, the applicable Water Quality Standards may be revised

to reflect actual attainability for those water bodies consistent with the use attainability analysis described

in 40 C.F.R. § 131.10(g) (Designation of uses), as may be revised from time to time, and incorporated

herein by reference. In modifying use designations, existing uses may not be removed as designated uses,

and the Seneca Nation shall adopt the highest attainable use as defined in Section 200.

Section 302: Classifications of Seneca Waters

(A). Water Body Classifications by Environmental Conditions

Seneca Waters are classified by designated uses and environmental conditions. As of the effective date of

these WQS, all Seneca Waters are classified as Class A, which includes the following Designated Uses:

Water Supply (WS), Agricultural Water Supply (AGR), Aquatic Life (AL), Ceremonial and Cultural Use

(CC), Human Consumption of Aquatic Organisms (HC), Navigation (N), Primary contact recreation (PC),

and Secondary contact recreation (SC).

(B). Designated Fisheries

A Class can be designated for Cold Water Fishery or Warm Water Fishery habitat.

(a) Cold Water Fishery (CF): Water quality supports or has the potential to support the maintenance

and/or propagation of cold water fish communities and/or spawning areas. The applicable

temperature and DO criteria for cold water fishery designated waters are found in Subparagraph

401(A)(i) and (A)(l). The applicable ammonia criteria are found in Table B-2 of Appendix B.

(b) Warm Water Fishery (WF): Water quality supports or has the potential to support the maintenance

and/or propagation of warm water fish communities and/or spawning areas. The applicable

temperature and DO criteria for warm water fishery designated waters are found in Section

401(A)(i) and Section(A)(l). The applicable ammonia criteria are found in Table B-2 of Appendix

due to changes in water elevation from U.S. Army Corps of Engineers activities, will apply as

follows:

(i)

From April 15 to November 15 2, for (CF)S waters, warm water fishery criteria apply for

temperature, dissolved oxygen, and aquatic life ammonia. Cold water fishery criteria will

apply from November 16 to April 14 of the next year. Temperature criteria are defined in

Section 401(A)(i). Dissolved oxygen criteria are defined in Section 401(A)(l). And

ammonia criteria can be found in Table B-2 of Appendix B.

(ii)

The following Seneca Waters are designated as (CF)S:

• Quaker Run

• Pierce Run

April 15 to November 15 corresponds to the summer pool water elevation, according to reservoir plots for Kinzua

Dam and Allegheny Reservoir, US Army Corps of Engineers; See the reservoir water surface elevation for the

Allegheny Reservoir, USGS, https://waterdata.usgs.gov/monitoring-location/03012520.

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•

Bone Run

Sawmill Run

Stateline Run

The classification and designated uses of Seneca Waters are shown in Section A-1 of Appendix A of

these Water Quality Standards.

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ARTICLE IV. General Water Quality Standards

Section 400: General Conditions

(A). Seneca Waters shall be free from pollutants in amounts or combinations that, for any duration, may

affect the most sensitive use of the water body, except as provided in mixing zones.

(B). Seneca Waters shall attain and maintain a level of water quality that provides for the attainment and

maintenance of the water quality standards of downstream waters. At the boundary between waters of

different classifications, the water quality standards that are more stringent will prevail. When a distinction

cannot be made between surface water, wetlands, and sediments, then the applicable standards shall depend

upon which existing or designated use is, or could be, adversely affected. If the designated uses of more

than one water body are affected, then the most protective criteria shall apply.

(C). The Seneca Nation may revise water quality criteria on a territory-wide or water body-specific basis

as needed to protect aquatic life, human health, and other existing and designated uses, and also to increase

the technical accuracy of the criteria being applied. The Seneca Nation shall formally adopt any revised

criteria following public review and comment pursuant to Section 103(C) of these WQS.

Section 401: General Narrative and Numeric Criteria

(A). The following General Narrative and Numeric Criteria apply to Seneca Waters, including

intermittent and ephemeral streams, provided, however, that when these Water Quality Standards set

stricter standards for designated water bodies, the stricter standards supersede these General Criteria.

(a) Suspended, colloidal and settleable solids: Seneca Waters shall be free from suspended, colloidal

and settleable solids that are likely to cause deposition or impair designated or existing uses.

(b) Color: Seneca Waters shall be free from substances that are likely to adversely affect their color

and, by doing so, impair their designated uses. Color-producing substances from other than natural

sources are limited to concentrations equivalent to 15 units (CU).

the taste or odor thereof, and, by doing so, impair designated uses.

(d) Oil, grease and any floating substances: Seneca Waters shall be free from oil, grease, foam, scum

or any other forms of objectionable floating debris that collect on the surface of water bodies,

including as a film or iridescence, or cause a deposit on a shoreline, bank, or on aquatic vegetation

that is likely to impair designated uses.

(e) Turbidity: Turbidity attributable to other than natural conditions shall not reduce light

transmission to a point where aquatic biota are inhibited or that causes an unaesthetic and

substantial visible contrast with the natural condition of the water.

(f) Nitrogen and Phosphorus [Nutrients]: Seneca Waters shall be free from nutrients (nitrogen and

phosphorus) in concentrations that are likely to result in the growth of algae, weeds and slimes or

aquatic plants that inhibit or prohibit the habitation, growth, or propagation of other aquatic life or

impair designated or existing uses.

(g) Flow: there shall be no alteration in water level, water quantity, and flow that is likely to impair

the designated uses of Seneca Waters.

(h) Garbage, cinders, ashes, sludges, concrete waste and other refuse: Seneca Waters shall be free

from non-ceremonial waste such as animal carcasses, refuse, rubbish, demolition or construction

debris, trash, garbage, motor vehicles, motor vehicle parts, batteries, appliances, or tires in any

amount

(i) Temperature.

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(i)

The change or rate of change in temperature, whether an increase or decrease, shall be

controlled to ensure full protection of wildlife and support of Aquatic Life use and

Ceremonial and Cultural use.

(ii)

Cold Water Fishery (CF): For Waters that are designated for cold water fishery habitat,

temperatures shall not exceed a daily (24 hour) maximum of 20 degrees Celsius or rolling

seven-day average of the daily maximum of 15 degrees Celsius.

(iii)

Warm Water Fishery (WF). For Waters that are designated for warm water fishery habitat,

temperatures shall not exceed a daily (24 hour) maximum of 28 degrees Celsius or rolling

seven-day average of the daily maximum of 25 degrees Celsius.

(iv)

For all waters that are designated for either cold water fishery or warm water fishery

habitat, seasonal temperature patterns and magnitudes suitable for overwintering,

spawning and rearing will be maintained and protected in the places and at the times that

overwintering, spawning and rearing occur.

(j) Minerals/Salinity (total dissolved solids, chlorides, and sulfates): The existing mineral content

of Seneca Waters shall not be altered by municipal, industrial, or instream activities or other waste

discharges that interfere with the designated uses of those waters. In no case shall discharges cause

concentrations in rivers with a Water Supply designated use to exceed 250 mg/L of chlorides, 250

mg/L of sulfates and 500 mg/L of dissolved solids.

(k) pH: The pH of Seneca Waters shall not be permitted to fluctuate in excess of 1.0 unit over a period

of 24 hours or outside the range of 6.5-8.5.

(l) Dissolved Oxygen (DO): The DO criteria for the protection of Aquatic Life in Seneca Waters

designated for warm water fishery (WF) shall not be less than a daily (24 hour) average of 5.0

mg/L, and at no time less than 4.0 mg/L. For waters that are designated as cold water fishery (CF)

and are used as spawning habitat by cold water fishes the DO standard shall be no less than 7.0

mg/L.

(m) Radioactivity: Concentrations of radioactive constituents shall not exceed EPA Safe Drinking

Water Act standards. Radioactivity shall be kept at the lowest practicable levels, and in any event

shall be controlled to the extent necessary to prevent harmful effects on public health and the

environment.

Section 402: Toxic Substances

(a) Toxic substances shall not be present in Seneca Waters in quantities that are toxic to humans or

aquatic life, that interfere with normal propagation, growth, and survival of sensitive indigenous

aquatic life, or which would render the waters unsupportive of their designated uses.

(b) For toxic substances lacking published criteria, bioassay data for sensitive indigenous test

species/life stages may be used to determine compliance with these narrative criteria.

(d) Note that any future criteria which may be derived for toxic substances, and added to Appendix B,

shall be as protective as those which would be derived using the methodologies for calculating

water quality criteria found in 40 CFR Part 132, found in Appendix C of this document.

Section 403: Biological Criteria

Seneca Waters shall support and maintain a balanced, native, and integrated community of aquatic

organisms with species composition, diversity, and functional organization comparable to those of natural

or minimally impacted water bodies of a similar type and region.

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ARTICLE V. Antidegradation, Mixing Zones, Compliance

Schedules, and Water Quality Standards Variances

Section 500: Antidegradation Policy and Implementation Methods

(A). Antidegradation Policy

(a) Tier 1: Existing instream water uses and the level of water quality necessary to protect existing uses

shall be maintained and protected.

(b) Tier 2: Where the water quality exceeds levels necessary to support the protection and propagation

of fish, shellfish, wildlife and recreation in and on the water, that water quality shall be maintained

and protected unless the Seneca Nation finds, after full opportunity for intergovernmental

coordination and public involvement, 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 Seneca Nation shall assure water

quality adequate to protect existing uses fully. Further, the Seneca Nation shall assure that there

shall be achieved the highest statutory and regulatory requirements for all new and existing point

sources and all cost-effective and reasonable best management practices for nonpoint source

control.

(i)

Identification of Seneca Waters for the protections described in Paragraph (A)(b) of this

section will be made on a parameter-by-parameter basis.

(ii)

Before allowing any lowering of high-quality water, pursuant to Paragraph (A)(b) of this

section, the Seneca Nation shall find, after conducting an analysis of alternatives, that such

a lowering is necessary to accommodate important economic or social development in the

area in which the waters are located. The analysis of alternatives shall evaluate a range of

practicable alternatives that would prevent or lessen the degradation associated with the

proposed activity. When the analysis identifies one or more practicable alternatives, the

EPD shall find that a lowering of water quality is necessary only if one such alternative is

selected for implementation and then only to the extent that the alternative would require

the lowering of water quality.

of National and Tribal parks and wildlife refuges and waters of exceptional recreational, ecological,

or cultural significance, their water quality shall be maintained and protected, as provided in the

definition of this term in Section 200. Except for certain short term and temporary changes, water

quality cannot be lowered in such waters.

(i)

Ohi:yo’ (Allegany River) and Ga’dä:gësgë:ö’ Gëhö:de’ (Cattaraugus Creek) are hereby

designated as Outstanding Seneca Resource Waters for their cultural, ecological, and

ceremonial significance. No activity shall be permitted that would degrade their natural

character, except for short-term subsistence or ceremonial use.

(d) In cases where potential water quality impairment associated with a thermal discharge is involved,

the decision to allow such degradation shall be consistent with Section 316 of the Clean Water Act,

33 U.S.C. § 1326.

(e) This antidegradation policy shall be consistent with the Great Lakes Water Quality Initiative

Antidegradation Policy, including all applicable sections of 40 C.F.R. Part 132, Appendix E, as

they may be revised from time to time, and incorporated herein by reference.

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(B). Antidegradation Implementation Methods

(a) Applicability. The antidegradation policy in Subsection (A) and these antidegradation

implementation methods shall be applied to all Seneca Waters.

(i)

The requirements of Subsections (A) and (B) of this section shall be followed when

considering all requests to authorize new or expanded regulated activities. Regulated

activities include, but are not limited to, any activity that requires a permit, license, or water

quality certification pursuant to Sections 401, 402, and 404 of the CWA, 33 U.S.C. §§

1341, 1342, and 1344.

(ii)

Antidegradation protections will be addressed in new or reissued general permits

authorized, implemented, or administered by the permitting authority either at the time the

permitting authority develops and issues the general permit or upon review of an

applicant’s request to be covered by a general permit. The permitting authority will

describe, in writing in the permit fact sheet, how the general permit is consistent with the

antidegradation requirements of this subsection and the antidegradation policy in

Subsection (A).

(b) Existing instream use protection consistent with Paragraph (A)(a). For all Seneca Waters, the EPD

shall ensure that the level of water quality necessary to protect existing uses is maintained. To

achieve this requirement, the EPD shall consider whether a regulated activity would lower the water

quality to the extent that it would no longer be sufficient to protect and maintain the existing uses

of that water body. If lowering of water quality would not protect and maintain the existing uses of

that water body, then the EPD will not allow the lowering of water quality. Such consideration shall

be based on all existing and readily available water quality-related data and information, as well as

any additional water-quality related data and information submitted during the public comment

period for the authorization.

which waters will receive high quality water protection consistent with Paragraph (A)(b), the SN

will identify high quality water on a parameter-by-parameter basis. Each parameter that is

determined to be high quality shall be considered and evaluated independently, consistent with this

Paragraph (B)(c), at the time an applicant requests authorization to lower high water quality. A

water body is high quality for a particular parameter if its water quality level exceeds the water

quality criterion for that parameter in applicable sections of Article IV and Appendix B. The EPD

shall ensure that no regulated activity that results in a lowering of water quality occurs unless the

components outlined in Subparagraph (B)(c)(i) are available to the EPD and the EPD has made a

finding consistent with Subparagraph (B)(c)(ii).

(i)

When determining whether to authorize a lowering of water quality for one or more

parameters that exceeds levels necessary to support the protection and propagation of fish,

shellfish, and wildlife and recreation in and on the water, the EPD will consider the

following components and information:

(1)

Identifying Information. Name of the applicant, a description of the nature of

the applicant's business and the pollutants to be discharged, location of the

discharge, the name of and any water quality data for the receiving water body,

daily maximum and average flow to be discharged, and effluent

characterization.

(2)

Analysis of alternatives. Identification and evaluation of a range of practicable

(as defined in Section 200) alternatives that would prevent or lessen the

degradation associated with the proposed activity to determine whether the

degradation of water quality is necessary. When the analysis of alternatives

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(ii)

identifies one or more practicable alternatives, the EPD shall find that a

lowering of high water quality is necessary, consistent with Subparagraph

(A)(b)(ii), only if one such alternative is selected for implementation and then

only to the extent that the alternative would require the lowering of water

quality.

(3)

Socio-economic analysis. Identification and evaluation of the social and

economic development benefits to the area in which the waters are located that

will be foregone if the lowering of water quality is not allowed. Along with

the analysis of alternatives, the socio-economic analysis is used to determine

whether the lowering of high water quality will accommodate important

economic and social development in the area in which the water is located.

The “area in which the waters are located” shall be determined on a case-bycase basis and shall include all areas directly impacted by the proposed

regulated activity. Factors that must be considered in the socio-economic

analysis include, but are not limited to, the ecological and economic

importance of the affected waters, the importance of the development to the

affected community, and the socio-economic health of the affected community

as determined by appropriate analytical methods.

(4)

Any additional documentation requested by the EPD which, in the judgment

of the EPD, is needed to decide whether to find that a lowering of water quality

is necessary to accommodate important economic and social development in

the area in which the water is located.

Once the EPD has the components and information required by Subparagraph (B)(c)(i), the

EPD will use that information to make a finding as to whether the lowering of water quality

is necessary to accommodate important social and economic development in the area in

which the water is located.

(1)

If the proposed lowering of high water quality is either not necessary or not

important to accommodate social and economic development, the EPD shall

deny the request to lower water quality.

(2)

If the lowering of high water quality is necessary to accommodate important

social and economic development goals, the EPD may allow a lowering to the

high quality water as long as one of the alternatives identified in Subparagraph

(B)(c)(i)(2) is selected for implementation and incorporated into the

authorization for the activity. If no practicable alternative was identified by the

analysis of alternatives but the lowering of high water quality will

accommodate important social or economic development, then the EPD may

allow the lowering of high water quality. If a non-degrading practicable

alternative is selected, no lowering of the high quality water will occur, and

the EPD will not allow the lowering.

(3)

In no event will the EPD allow water quality to be lowered below the level

required to fully protect existing and designated uses.

(4)

To ensure the opportunity for public involvement, the EPD shall provide

public notice and request public comment on the preliminary decision to allow

a lowering of high water quality. The preliminary decision will provide

relevant information regarding the lowering of high water quality, including

the alternatives analysis, socio-economic analysis, the estimated amount of

assimilative capacity available in the water body, and the estimated amount of

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assimilative capacity to be utilized by the proposed activity. To the extent

possible, public notice regarding the finding to allow a lowering of water

quality will be coordinated with other required notices for public review.

(5)

To fulfill intergovernmental coordination, the EPD shall notify local, state, and

federal agencies that operate in the area impacted by the activity and request

comment on the preliminary decision to allow a lowering of water quality in a

high quality water based on whether it is necessary to accommodate important

social and economic development in the area of the waters impacted by the

activity.

(6)

Before allowing any degradation of water quality, the EPD shall identify point

sources and nonpoint sources regulated by the Seneca Nation that discharge

to, or otherwise impact, the receiving water. The EPD shall coordinate with

other agencies, as necessary, to assure compliance with the highest statutory

and regulatory requirements for all new and existing point sources and/or all

required cost-effective and reasonable best management practices for nonpoint source control. If compliance with the highest statutory and regulatory

requirements for all new and existing point sources and all tribal-regulated

cost-effective and reasonable best management practices for non-point sources

cannot be assured, the EPD will not allow a lowering of high water quality.

(d) Outstanding Seneca Resource Water protection consistent with Paragraph (A)(c). For Seneca

Waters assigned as Outstanding Seneca Resource Waters, the EPD shall ensure, through the

application of appropriate controls on point sources and on nonpoint pollutant sources regulated by

the Seneca Nation, that water quality is maintained and protected. No new or expanded point source

discharges will be allowed to Outstanding Seneca Resource Waters except on a short term and

temporary basis, consistent with Subparagraph (B)(d)(iii) below.

(i)

Any person or entity may nominate a specific Seneca Nation Water to be assigned as an

Outstanding Seneca Resource Water. The person or entity may transmit a written

nomination to the EPD, at any time, with an explanation of why the water warrants

Outstanding Seneca Resource protection. The EPD will determine whether the nominated

water qualifies as an Outstanding Seneca Resource Water as described in Paragraph (B)(c).

(ii)

The EPD will issue a public notice regarding the decision to assign a water as an

Outstanding Seneca Resource Water. The EPD will maintain a comprehensive list of the

Seneca Nation Waters that have been assigned as Outstanding Seneca Resource Waters

consistent with Paragraph (A)(c).

(iii)

The EPD may allow short-term, temporary water quality degradation in an Outstanding

Seneca Resource Water only if the short-term, temporary degradation is limited to the

shortest possible time, does not impact existing uses, and does not alter the essential or

special characteristics that make the water an Outstanding Seneca Resource Water. Shortterm means any period that is measured in the context of weeks to months, not years.

(e) In addition, in the case of BCCs, the antidegradation policy and implementation methods shall be

applied consistently with the regulations at 40 C.F.R. Part 132 Appendix E (Great Lakes Water

Quality Initiative Antidegradation Policy).

Section 501: Mixing Zone Policy

(A). In conjunction with the issuance of permits under CWA §§ 402 and 404, the Nation authorizes the use

of mixing zones in Seneca Waters on a case-by-case basis, in accordance with the following provisions.

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(a) Mixing zones, including their size, configuration, and location, will be authorized by EPD on a

case-by-case basis in accordance with the provisions of this section at the time a permit is issued,

renewed, or materially modified and will remain in effect as long as the permit remains in effect.

Such an authorization is required before the permitting authority can use the mixing zone to

determine the need for, or level of, effluent limits for a particular pollutant.

(b) Mixing zones will not be authorized for a pollutant when the receiving water does not meet water

quality criteria for that pollutant, except where: (a) the effluent limits established using a mixing

zone are consistent with an EPA-approved or EPA-established TMDL, and (b) the mixing zone

meets the requirements of this section.

danger to designated uses, including, but not limited to, causing or containing any of the following:

(i)

Impairment to the integrity of the aquatic community, including interference with

successful spawning, egg incubation, rearing, or passage of aquatic life.

(ii)

Discharges into shellfish beds.

(iii)

Lethality to aquatic life passing through the mixing zone.

(iv)

Heat in the discharge that may cause thermal shock, lethality, or loss of cold water habitat

or may attract aquatic life to a toxic discharge.

(v)

Bioaccumulative pollutants in the discharge, consistent with the requirements of 40 C.F.R.

132 Appendix F, Procedure 3.C (Great Lakes Water Quality Initiative Implementation

Procedures).

(vi)

Pollutant concentrations that exceed maximum contaminant levels at drinking water

intakes.

(vii)

Discharges to areas used for ceremonial submersion, subsistence fishing, or where cultural

plant harvesting occurs, to ensure unimpeded access to clean and spiritually intact waters.

(viii)

Conditions that impede or prohibit recreation in or on the waterbody.

(d) Mixing zones shall not overlap.

(e) Water quality within an authorized mixing zone may exceed chronic water quality criteria for only

those parameters approved by the EPD. Acute water quality criteria may be exceeded for such

parameters within the zone of initial dilution inside the mixing zone. Acute criteria shall be met as

near to the point of discharge as practicably attainable. Narrative criteria in paragraph (c) of this

subsection shall apply within the mixing zone. No water quality criteria shall be exceeded outside

the boundary of a mixing zone as a result of the discharge for which the mixing zone was

authorized.

(f) Mixing zones shall be no larger than necessary, and the concentrations of pollutants present shall

be minimized. Mixing zones shall meet the following restrictions:

(i)

Mixing zones in flowing waters shall not:

(1)

Extend in a downstream direction for a distance from the discharge port(s)

greater than 300 feet plus the depth of water over the discharge port(s)

(2)

Extend upstream for a distance of over 100 feet;

(3)

Utilize greater than 25% of the critical low flow; nor

(4)

Occupy greater than 25% of the width of the waterbody.

(ii)

Mixing zones in nonflowing waters shall not:

(1)

Exceed 10% of the volume of the waterbody;

(2)

Exceed 10% of the surface area of the waterbody (maximum radial extent of

the plume regardless of whether it reaches the surface); nor

(3)

Extend beyond 15% of the width of the waterbody.

(g) The following elements shall be considered when designing an outfall:

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(i)

(ii)

(iii)

Promote rapid mixing to the extent practicable through careful location and outfall design;

Diffusers will be required; and

Mixing zones that result in shore-hugging plumes will not be authorized.

Section 502: Compliance Schedule Authorizing Provision

(A). The Nation authorizes the use of compliance schedules, on a case-by-case basis, for water qualitybased effluent limits in National Pollutant Discharge Elimination System permits, when appropriate, and

consistent with 40 C.F.R. §122.47 (NPDES Permits – Compliance Schedules) and 40 C.F.R. §132

Appendix F, Procedure 9 (Great Lakes Water Quality Initiative Implementation Procedures – Compliance

Schedules) (as applicable), for new, recommencing, or existing dischargers to require compliance as soon

as possible with water quality-based effluent limitations calculated to meet water quality standards issued

or revised after July 1, 1977. 40 C.F.R, §§122.47 and 132 Appendix F, Procedure 9 are included in

Appendix C of this document.

(B). Notwithstanding the foregoing, the Nation does not authorize the use of compliance schedules for

NPDES permits for discharges into Outstanding Seneca Resource Waters.

Section 503: Water Quality Standards Variances

The EPD may consider issuing WQS variances pursuant to this section. A request for a WQS variance shall

include documentation of consultation with affected community members and medicine keepers to evaluate

the cultural and ecological consequences. WQS variances will not be granted where the change would

interfere with sacred water use or the spiritual health of the Nation. Any WQS variances issued subsequent

to the enactment of this section must be consistent with the regulations at 40 C.F.R. §131.14 (Water Quality

Standards Variances) and 40 C.F.R. §132 Appendix F, Procedure 2 (as applicable), and are included in

Appendix C of this document. WQS variances are subject to EPA review and approval or disapproval. A

WQS variance is not effective for CWA purposes and thus cannot be implemented for purposes of NPDES

permitting or CWA section 401 certification until EPA has approved it under CWA section 303(c).

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Appendix A – Seneca Waters, Classifications, and Designated Uses

Section A-1: Seneca Nation Waterbody Classifications

Tables A-1 through A-3 below contain the classifications and descriptions for each water of the Seneca

Nation for the Allegany, Cattaraugus, and Oil Springs Territories. Each water’s classification contains

either a cold water fishery (CF) or warm water fishery (WF) designation. The cold water fishery (CF)

designation indicates that the cold water fishery designated use is applicable to that water, and the warm

water fishery (WF) designation indicates that the warm water fishery designated use is applicable. Waters

with a season-limited cold water fishery designation are indicated as (CF)S. Maps of the Seneca Waters in

each Seneca Nation Territory are included in Figure sets 1-4 and referenced throughout the geographic

descriptions of each waterbody in Tables A-1 through A-3.

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Table A-1: Seneca Nation Waterbody Classifications and Descriptions: Allegany Territory

Allegany Territory

Waterbody Name

Designated Uses

Class

Description

Birch Run

AGR, AL, CC,

HC, N, PC, SC,

A(CF)

Ninemile Creek

AGR, AL, CC,

HC, N, PC, SC,

A(CF)

Tenmile Creek

AGR, AL, CC,

HC, N, PC, SC,

A(CF)

Leading from the easternmost portion of the

Allegany Territory, north of Interstate 86 (I-86)

and Birch Run Road, and Old Rail, downstream to

the confluence of the Allegany River (River) from

the southeast, for a total of 0.22 miles, as shown on

Figure 2.1.

Leading 0.68 miles from the northeast of the

eastern most portion of the Allegany Territory and

to the east of North Ninemile Road, draining

southwest, until meeting at the confluence of the

Allegany River, as shown on Figure 2.1.

Leading 0.66 miles from the northern boundary of

the Allegany Territory, adjacent to the east of Ten

Mile Road, crossing beneath Ten Mile Road to the

south, running adjacent to the west of Tenmile

Creek, crossing beneath Route 219 and the

Southern New York & Pennsylvania Railroad

tracks, before draining into the Allegany River, as

shown on Figure 2.1.

Allegany River (The Ohi:yo’) – Upstream Segment (ARUS)

ARUS-001

AGR, AL, CC,

HC, N, PC, SC,

A(CF)

ARUS-002

AGR, AL, CC,

HC, N, PC, SC,

A(CF)

ARUS-003

AGR, AL, CC,

HC, N, PC, SC,

A(CF)

Ichunuagwant

“Tunungwant”

Creek

AGR, AL, CC,

HC, N, PC, SC,

A(WF)

Seneca Nation, 2025

Leading from the eastern most portion of the

Allegany Territory and Territory boundary, east to

west, meeting the confluences of Birch Run and

Ninemile Creek, respectively for approximately

1.75 miles, as shown on Figure 2.1.

Leading from the confluence of Tenmile Creek,

east to the west, to the confluence of Chipmunk

Creek for 2.11 miles. This segment runs through a

portion of land that is to the south of Route 219,

and to the north of I-86 and meets at the confluence

of Chipmunk Creek, as shown on Figure 2.1.

Leading 1.84 miles from the confluence of

Chipmunk Creek, running east, adjacent to the

north of South Nine Mile Road, beneath Route 219

and railroad tracks, before meeting the confluence

of the Tunungwant Creek, as shown on Figure 2.1.

Leading 1.29 miles from a southeastern portion of

the Allegany Territory boundary, from the south to

the north, running parallel to the east of Parkside

Drive/South Carrollton Road, before meeting the

Water Quality Standards

Allegany Territory

Waterbody Name

Designated Uses

Class

Description

confluence of Allegany River, as shown on Figure

2.1.

ARUS-004

AGR, AL, CC,

HC, N, PC, SC,

A(CF)

Carrollton Run

AGR, AL, CC,

HC, N, PC, SC,

A(CF)

Leonard Run

AGR, AL, CC,

HC, N, PC, SC,

A(CF)

ARUS-005

AGR, AL, CC,

HC, N, PC, SC,

A(CF)

Windfall Creek

AGR, AL, CC,

HC, N, PC, SC,

A(CF)

ARUS-006

AGR, AL, CC,

HC, N, PC, SC,

A(CF)

Seneca Nation, 2025

Leading from the confluence of the Tunungwant

Creek, adjacent to the east of South Carrollton

Road, crossing beneath the I-86 bridge, then

running adjacent to the east of I-86, for 1.17 miles,

until reaching the confluence of Carrollton Run, as

shown on Figure 2.1 and 2.2.

Leading 0.76 miles from a southwestern boundary

between the Allegany Territory and Allegany State

Park, and draining to the northeast towards the

Allegany River, Carrollton Run crosses beneath

Carrollton Road and I-86 before meeting the

Allegany River, as shown on Figure 2.2.

Leading 0.49 miles from a western boundary

between the Allegany Territory and Allegany State

Park, and draining to the east towards the Allegany

River, Leonard Run crosses beneath I-86 before

meeting the Allegany River, as shown on Figure

2.2.

Leading slightly in a northwesterly trajectory from

the confluence of Carrollton Run, running adjacent

to the east of I-86, meeting the confluence of

Leonard Run, continuing to the confluence of

Windfall Creek for 1.64 miles, as shown on Figure

2.2.

Leading from an eastern boundary of the Allegany

Territory, adjacent to the south of Windfall Road,

leading to the west, crossing beneath Route 219

and Carrollton Village Road, for 1.54 miles before

emptying into the Allegany River, as shown on

Figure 2.2.

Running 3.23 miles from the confluence of

Windfall Creek (Figure 2.2), adjacent to the east of

I-86, and flowing slightly to the northwest and then

turning towards the west to meet the confluence of

Great Valley Creek. This stretch of the Allegany

River also runs adjacent to the west of the Western

New York & Pennsylvania and the Buffalo and

Pittsburg railroad tracks, as shown on Figure 2.3.

Water Quality Standards

Allegany Territory

Waterbody Name

Designated Uses

Class

Great Valley Creek AGR, AL, CC,

HC, N, PC, SC,

A(CF)

Allegany River –

Middle Segment

(ARMS)-001

AGR, AL, CC,

HC, N, PC, SC,

A(WF)

Titus Run

AGR, AL, CC,

HC, N, PC, SC,

A(CF)

Newton Run

AGR, AL, CC,

HC, N, PC, SC,

A(CF)

ARMS-002

AGR, AL, CC,

HC, N, PC, SC,

A(CF)

Description

As shown on Figure 2.3, Great Valley Creek runs

for 0.91 miles, from a northern boundary of the

Allegany Territory, coming from near Wildwood

Avenue and Kill Buck, crossing beneath Route 219

and railroad tracks, before draining into the

Allegany River.

Allegany River – Middle Segments (ARMS)

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Leading from the confluence of Great Valley

Creek, downstream towards the west for 1.97

miles, as shown on Figure 2.4. This stretch of the

Allegany River runs adjacent to the north of I-86

and begins entering the Salamanca City Limits,

passing beneath the Clinton Street and Main

Street Bridges, before meeting the confluence of

Titus Run. This stretch of the Allegany River is

the eastern most portion of the Kinzua Dam and

“Allegheny” River flood control area, where

through the “Flood Control Acts of 1936 and

1938,” the USACE was authorized, via eminent

domain, to take approximately 10,000 acres of

land from the Seneca Nation, as a method to

control the drainage area of the River. The

USACE controls reservoir elevations within the

lands of the Allegany Territory, at and below the

1,365-foot contour. US v. 21250 Acres of Land

Etc., 161 F. Supp. 376 (D.S.D. 1958).

https://apps.dtic.mil/sti/tr/pdf/ADA212430.pdf

Leading from a source within Allegany State Park,

Titus Run enters the Allegany Territory from the

south, runs beneath I-86 to the northwest and then

to the northeast for 1.05 miles, before emptying

into the Allegany River, as shown on Figure 2.4.

Newton Run enters the Allegany Territory from

along a northern territory boundary. Running

south, Newton Run flows adjacent to the west of

Erie Street before crossing beneath West State

Street. Newton Run then flows adjacent to the

south side of West State Street, before draining

into the Allegany River for 0.84 miles, as shown

on Figure 2.4.

Leading from the confluence of Titus Run and

downstream to the west, this stretch of the

Water Quality Standards

Allegany Territory

Waterbody Name

Designated Uses

Class

Little Valley Creek

AGR, AL, CC,

HC, N, PC, SC,

A(CF)

ARMS-003

AGR, AL, CC,

HC, N, PC, SC,

A(CF)

Bucktooth Run

AGR, AL, CC,

HC, N, PC, SC,

A(CF)

ARMS-004

AGR, AL, CC,

HC, N, PC, SC,

A(WF)

Breeds Run

AGR, AL, CC,

HC, N, PC, SC,

A(CF)

Drakes Run

AGR, AL, CC,

HC, N, PC, SC,

A(CF)

Sawmill Run (1)

AGR, AL, CC,

HC, N, PC, SC,

A(CF)

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Description

Allegany River runs 0.98 miles, as shown on

Figure 2.4.

Leading from a northern boundary of the Territory,

running in between and parallel with Center Street

and North State Street for 0.64 miles before

draining into the Allegany River, as shown on

Figure 2.4 and 2.5.

Leading from Little Valley Creek downstream to

the west southwest for 1.6 miles, until meeting the

confluence of Bucktooth Run, as shown on Figure

2.5. This portion of the River runs adjacent to the

north of a portion of Front Avenue and Old Route

17.

As shown on Figure 2.5, Bucktooth Run leads from

a northern boundary of the Allegany Territory,

running adjacent to the southwest of Bucktooth

Run Road. This Run goes beneath Jimerson Road,

before draining into the Allegany River.

Leading from the confluence of Bucktooth Run,

the River runs to the southwest, running adjacent

to the southeast of Jimerson Road and to the west

of Old Route 17 for 2.34 miles, as shown on Figure

2.5. Breeds Run also drains into this section of

River, from the east.

Leading from a source within the Allegany State

Park, Breeds Run enters the Allegany Territory

from the southeast, as shown on Figure 2.5. This

Run flows adjacent to the northeast of Breeds Run

Road, draining to the northwest for 1.01 miles,

crossing beneath I-86 and then drains into the

River.

Entering from the northern boundary of the

Allegany Territory, Drakes Run runs adjacent to

the northeast of Drake Run Road, before crossing

beneath the Sawmill Run Road and draining into

Sawmill Run. This feature is 0.74 miles in length,

as shown on Figure 2.5.

Entering Allegany Territory from the south of

Sawmill Run Road, this water runs 0.5 miles to the

southeast, before meeting the confluence of

Drakes Run and continuing another 0.49 miles

Water Quality Standards

Allegany Territory

Waterbody Name

Designated Uses

Class

ARMS-005

AGR, AL, CC,

HC, N, PC, SC,

A(WF)

Sunfish Run

AGR, AL, CC,

HC, N, PC, SC,

A(CF)

ARMS-006

AGR, AL, CC,

HC, N, PC, SC,

A(WF)

Meetinghouse Run

AGR, AL, CC,

HC, N, PC, SC,

A(CF)

ARMS-007

AGR, AL, CC,

HC, N, PC, SC,

AGR, AL, CC,

HC, N, PC, SC,

A(WF)

AGR, AL, CC,

HC, N, PC, SC,

A(CF)

Bay State Brook

Red House Brook

Seneca Nation, 2025

A(CF)

Description

(crossing beneath Jimerson Road) before draining

into the River, as shown on Figure 2.5.

Flowing south for 1.63 miles from the confluence

of Sawmill Run, running parallel and to east of

Sawmill Run Road, and to the west of Old Route

17, meeting at the confluence of Sunfish Run, as

shown on Figures 2.5 and 2.6.

As shown on Figure 2.6, Sunfish Run enters the

Allegany Territory from the northwest, adjacent to

the northeast of Sunfish Run Road. This water

flows 0.97 miles to the southeast, crossing beneath

Sawmill Run Road, before draining into the River.

Leading from Sunfish Run, running parallel and in

between North Bank Perimeter Road and Old Road

17, the River flows 1.62 miles to the southwest,

crossing beneath Red House Bridge, before

meeting the confluence of Meetinghouse Run, as

shown on Figures 2.6 and 2.7.

As shown on Figures 2.6 and 2.7, Meetinghouse

Run enters the Allegany Territory from the

northwest, running in a southeastern and southerly

direction for 1.18 miles. Meetinghouse Run

crosses beneath North Perimeter Road and Red

House Road before emptying into the River.

Leading from the conveyance of Meeting House

Run for 0.37 miles, before meeting the confluence

of Red House Brook, as shown on Figure 2.7.

As shown on Figure 2.7, Bay State Brook enters

the Allegany Territory from the southeast and the

Allegany State Park and runs for 0.62 miles, onTerritory and then intercepts Red House Brook.

This Brook begins within the limits of Allegany

State Park and runs parallel with, or beneath Bay

State Road and beneath I-86 before meeting Red

House Brook.

As shown on Figures 2.6 and 2.7, Red House

Brook leads from a southeastern boundary of the

Allegany Territory, near I-86 and Bay State Road

and runs in an easterly direction for 1.79 miles,

before meeting Bay State Brook. After meeting

Bay State Brook, Red House Brook runs another

0.64 miles, adjacent to the northeast of I-86, before

draining into the River. Red House Brook

Water Quality Standards

Allegany Territory

Waterbody Name

Designated Uses

Class

Description

originates from within a southeastern portion of

Allegany State Park, adjacent to the west of

Allegany State Park Route 2.

Allegany River – Downstream Segments (ARDS)

Allegany River –

AGR, AL, CC,

Downstream

HC, N, PC, SC,

Segments (ARDS)- WS

001

A(WF)

Robinson Run

AGR, AL, CC,

HC, N, PC, SC,

A(CF)

ARDS-002

AGR, AL, CC,

HC, N, PC, SC,

A(WF)

Leading from Robinson Run, in a southwesterly

direction for 0.66 miles until meeting the

conveyance from Cricks Run. This portion of the

River runs beneath I-86 bridge, as shown on Figure

2.7.

Cricks Run

AGR, AL, CC,

HC, N, PC, SC,

A(CF)

ARDS-003

AGR, AL, CC,

HC, N, PC, SC,

A(WF)

Cricks Run leads from within the limits of the

Allegany State Park, adjacent to Holts Run Road

from the southeast. Cricks Run enters the Allegany

Territory along a southern boundary, passing

beneath Quaker Run Road, and leading 0.63 miles

before emptying into the Allegany River, as shown

on Figure 2.7.

Leading from the conveyance of Cricks Run, this

segment of River runs in a southwesterly direction

for 1.47 miles, before meeting the conveyance of

Cold Spring Creek, as shown on Figure 2.7.

Cold Spring Creek

AGR, AL, CC,

HC, N, PC, SC,

A(WF)

Seneca Nation, 2025

As shown on Figure 2.7, leading from the

conveyance of Red House Brook, this segment of

the River, runs mostly from the east to west for

1.68 miles before meeting the conveyance of

Robinson Run. This segment of the River runs

parallel to the north of I-86, and south of Red

House Road. When the USACE transitions

between the summer and winter pool elevations of

the reservoir, this is one of the first most easterly

portions of the River, where the change in

elevation is visually apparent between the seasons.

Robinson Run leads from the northern boundary of

the Allegany Territory in a southeasterly direction.

This Run courses beneath North Bank Permitter

Road and Red House Road for 0.64 miles, before

emptying into the River, as shown on Figure 2.7.

Cold Spring Creek, as shown on Figures 2.7 and

2.8, leads from a northern boundary of the

Allegany Territory, adjacent to the south of Bunker

Hill Road. Cold Spring Creek runs through this

section of Territory, adjacent to the west of Bunker

Water Quality Standards

Allegany Territory

Waterbody Name

Designated Uses

Class

ARDS-004

AGR, AL, CC,

HC, N, PC, SC,

A(WF)

Pine Creek

AGR, AL, CC,

HC, N, PC, SC,

A(CF)

ARDS-005

AGR, AL, CC,

HC, N, PC, SC,

A(WF)

Quaker Run

AGR, AL, CC,

HC, N, PC, SC,

A(CF)S

ARDS-006

AGR, AL, CC,

HC, N, PC, SC,

A(WF)

Seneca Nation, 2025

Description

Hill Road, crossing beneath railroad tracks, Old

Route 17, and I-86 for

4.35 miles, before

emptying into the Allegany River, as shown on

Figures 2. 7 and 2.8.

Leading from the conveyance of Cold Spring

Creek, flowing to the southwest, this section of

River runs for 4.08 miles before meeting the

conveyance of Pine Creek. Old Route 280 runs

along the northwestern bank of this portion of the

River, while Route 280 runs along the River’s

opposite bank, as shown on Figures 2.7 and 2.9.

Pine Creek leads from a within Allegany State Park

and enters the Allegany Territory along an eastern

boundary. Pine Creek runs for 0.61 miles, passing

beneath Route 280, before emptying into the

Allegany River, as shown on Figures 2.7 - 2.9.

Leading from Pine Creek and flowing in a south,

southwest direction for 2.3 miles before meeting

the conveyance of Quaker Run, as shown on

Figures 2.8 and 2.9. When the USACE transitions

between the summer and winter pool elevations

of the reservoir, this portion of the River is highly

variable and changes dramatically. In the summer

months (summer pool elevations), the river

channel in this section of the River is wide and

undefined. Whereas, when the winter pool

elevations are met, the channel becomes narrow

and defined, with mud flats on either side of the

top of bank of the channel that remains.

Quaker Run enters the Allegany Territory at a

point along the eastern boundary and runs a short

distance (0.48 miles) before draining into the

Allegany River. Quaker Run leads from within the

Allegany State Park and Quaker Lake Spillway

and Dam, as shown on Figures 2.9 and 2.10.

Leading from Quaker Run and flowing in a

southerly direction for 2.2 miles, intercepting the

confluence of Wolf Run at a 90-degree bend in the

River, where a surface impoundment was

constructed to manage water elevations and

support a roadway, as shown on Figures 2.9 and

2.10. Route 280 is adjacent to the east of this

Water Quality Standards

Allegany Territory

Waterbody Name

Designated Uses

Class

Wolf Run

AGR, AL, CC,

HC, N, PC, SC,

A(CF)

ARDS-007

AGR, AL, CC,

HC, N, PC, SC,

A(WF)

Hotchkiss Run

AGR, AL, CC,

HC, N, PC, SC,

A(CF)

Pierce Run

AGR, AL, CC,

HC, N, PC, SC,

A(CF)s

Bone Run

AGR, AL, CC,

HC, N, PC, SC,

A(CF)s

Seneca Nation, 2025

Description

segment of the River. Allegany State Park bounds

this section of the Territory, to the east of the River.

Wolf Run originates from the south within the

Allegany National Forest, in Pennsylvania. Wolf

Run flows in a northwesterly direction and enters

a portion of the Allegany Territory from the south,

which creates a ponded area due to a surface

impoundment, before draining via a culvert into

the River. This segment of Wolf Run, as it flows

across between the Territory boundary and the

River is 0.8 miles, as shown on Figures 2.9 and

2.10.

Leading from the conveyance of Wolf Run, the

River flows mostly in a westerly direction, meeting

the conveyances of Hotchkiss Run and Pierce Run.

After Pierce Run, the River turns to the

southwest/south meeting the conveyances of Bone

Run, Peters Creek and Sawmill Run, before

flowing to the border between the Seneca Nation

and Pennsylvania, as shown on Figures 2.10 and

2.11. This segment of River is 4.1 miles.

Hotchkiss Run enters the Allegany Territory from

the northwest. Once crossing the Territory

boundary, Hotchkiss Run, flows to the southwest,

forms an area of ponded water, where a surface

impoundment was constructed to manage water

elevations and support a roadway, as shown on

Figures 2.9 and 2.10. Hotchkiss Run flows

beneath West Perimeter Road, via a culvert, before

emptying into the Allegany River/Reservoir. This

segment is 1.82 miles.

Leading from the northwest, Pierce run flows onTerritory from a point beyond West Perimeter

Road and Pierce Run Road. From where Pierce run

flows on-Territory to the center point of the

Allegany River/Reservoir, this segment is 0.59

miles, as shown on Figure 2.10.

Upstream from the Allegany Territory, Little Bone

Run converges with Bone Run, and flows to the

southeast, draining into a wetland area formed

beyond the western side of a surface impoundment

and West Bank Perimeter Road, that was

constructed to manage water elevations and

Water Quality Standards

Allegany Territory

Waterbody Name

Designated Uses

Class

Peters Creek

AGR, AL, CC,

HC, N, PC, SC,

A(WF)

Sawmill Run (2)

AGR, AL, CC,

HC, N, PC, SC,

A(CF)S

State Line Run

AGR, AL, CC,

HC, N, PC, SC,

A(CF)S

Description

support a roadway. A culvert connects Bone Run

to the Allegany River/Reservoir, but not before

reaching the northwestern boundary of the

Allegany Territory. Once on Territory, Bone Run

flows for 0.47 miles from the territory boundary to

the center line of the Allegany River/Reservoir, as

shown on Figure 2.10.

Leading from the southeast and from within the

Allegany State Park, Peters Creek enters the

Allegany Territory from the east and flows for 0.45

miles before reaching the center line of the

Allegany River/Reservoir, as shown on Figures

2.10 and 2.11.

Leading from the west, Sawmill Run enters the

Allegany Territory, flowing to the west for 1.18

miles, past the Onoville Marina before meeting the

center line of the Allegany River/Reservoir, as

shown on Figures 2.10 and 2.11.

Leading from the west and flowing to the east,

State Line Run converges with Fishburn Run

(0.11-mile segment) flowing on-Territory from

Pennsylvania. From the western boundary of the

Allegany Territory, State Line Run flows for 1.10

miles before meeting the center line of the

Allegany River/Reservoir, as shown on Figures

2.10 and 2.11.

Table A-2: Seneca Nation Waterbody Classifications and Descriptions: Cattaraugus Territory

Cattaraugus Territory

Water Body

Designated Uses

Class

Description

Cattaraugus Creek (Ga’dä:gësgë:ö’ Gëhö:de’) Upper – CCU

Cattaraugus CreekUpstream

Segments (CCU)

CCU-001

AGR, AL, CC,

HC, N, PC, SC,

A(CF)

CCU-002

(unnamed

tributaries)

AGR, AL, CC,

HC, N, PC, SC,

A(CF)

Seneca Nation, 2025

As shown on Figure 3.1, starting at the

southwestern corner of the Cattaraugus Territory,

the Cattaraugus Creek enters the Territory to the

north of Prospect Street and Indian Hill Road.

Leading 1.3 miles to the northwest, this portion of

the Creek intercepts unnamed tributaries from the

south and southwest.

As shown on Figure 3.1, several unnamed minor

tributaries drain into this southern most portion of

the Cattaraugus Creek, on-territory, leading from

Water Quality Standards

Cattaraugus Territory

Water Body

Designated Uses

Class

CCU-003

(unnamed

tributaries)

AGR, AL, CC,

HC, N, PC, SC,

A(CF)

CCU-004

(unnamed

tributaries)

AGR, AL, CC,

HC, N, PC, SC,

A(CF)

CCU-005

AGR, AL, CC,

HC, N, PC, SC,

A(CF)

CCU-006

(unnamed

tributaries)

AGR, AL, CC,

HC, N, PC, SC,

A(CF)

CCU-007

(unnamed

tributaries)

AGR, AL, CC,

HC, N, PC, SC,

A(CF)

Seneca Nation, 2025

Description

the south, southwest, and east. The two longest

unnamed tributaries are 0.90 and 0.74 miles in

length and begin within the Cattaraugus Territory.

The other unnamed tributaries, as shown on this

Figure are approximately 0.55 miles in length and

drain from the south and originate off-territory.

The unnamed tributaries, as shown on Figure 3.1,

range from 0.24 miles to 0.9 miles in length. Two

separate branches of an unnamed tributary, begin

to the north and south of Allen Steet, flow across

the southeastern portion of the Cattaraugus

Territory and then merge to form one linear

surface water feature., before emptying into the

Cattaraugus Creek. The longest length of this

stretch is 0.92 miles.

As shown on Figures 3.1 and 3.2, two unnamed

minor tributaries lead from the southwest, from

near Indian Hill Road and drain into the

Cattaraugus Creek. These tributaries are each

approximately 1.61 and 1.22 miles in length,

respectively.

As shown on Figures 3.1 and 3.2 the Cattaraugus

Creek flows mostly in a north, northwesterly

direction for 1.41 miles, meeting the conveyances

of several minor tributaries.

To the east of the Cattaraugus Creek, but west of

Route 438, as shown on Figures 3.1 and 3.2, in

the southeast, two unnamed tributaries merge and

become one surface water that drain to the

Cattaraugus Creek. In total, these unnamed

tributaries make up approximately 2.17 miles of

Seneca Waters..

Two unnamed tributaries, enter the Cattaraugus

Territory from the west, as shown on Figure 3.2.

One of the tributaries, totaling 1.61 miles flows

from the west, starting near Indian Hill Road, to

the northeast, before emptying into the

Cattaraugus Creek. Another minor tributary,

located to the north of the previous, coming from

near Mackinaw Road. It flows mostly in a

northeasterly direction for 1.22 miles, before

draining into the Creek.

Water Quality Standards

Cattaraugus Territory

Water Body

CCU-008

CCU-009

(unnamed

tributaries)

Big Sister Creek

Cattaraugus Creek

Middle (CCM)001

Little Indian Creek

Native Brook

Trout Stream

Seneca Nation, 2025

Designated Uses

AGR, AL, CC,

HC, N, PC, SC,

Class

A(CF)

Description

Beginning at the conveyance of the southerly

most minor tributary of CCU-007, as shown on

Figure 3.2, this stretch of the Cattaraugus Creek

flows in a northwesterly direction for 1.68 miles

before leaving the Cattaraugus Territory, as an

oxbow in the Creek, near Eaton Road, and then

flowing back on-territory, as shown in Figure 3.3.

AGR, AL, CC,

A(CF)

As shown on Figure 3.2, a small surface water

HC, N, PC, SC,

feature, can be seen to the east of the Cattaraugus

Creek, but west of Route 438. This 0.33 unnamed

tributary flows to the west, draining into the

Cattaraugus Creek.

AGR, AL, CC,

A(CF)

In the east-central portion of the Cattaraugus

HC, N, PC, SC,

Territory, tributaries of Big Sister Creek originate

on territory and then off-territory to the east, as

shown on Figure 3.3. Approximately 0.63 miles

of Big Sister Creek are on-Territory, then flow to

the north and off-territory.

Cattaraugus Creek Middle – CCM

AGR, AL, CC,

A(CF)

From the Cattaraugus Territory boundary by

HC, N, PC, SC,

Water Street to the west, and Bush Road to the

East, this stretch of the Creek flows for 1.79 miles

to the northwest, as shown on Figure 3.4. The

Cattaraugus Creek flows beneath the Versailles

Bridge, before meeting the confluence of Little

Indian Creek from the west.

AGR, AL, CC,

A(CF)

As shown on Figure 3.4, Little Indian Creek and

HC, N, PC, SC,

two tributaries associated with it, flows from the

southwest, to the northeast, from a southcentral

boundary of the Cattaraugus Territory. It crosses

beneath a bridge on Burning Spring Road. This

section of Little Indian Creek, from the Territory

boundary to where it empties into the Cattaraugus

Creek is approximately 0.88 miles in length.

AGR, AL, CC,

A(CF)

The Native Brook Trout Stream, as shown on

HC, N, PC, SC,

Figure 3.4 and Figure 3.10 consists of two surface

water features (north and south branches), that

starts to the east of Versailles Plank Road. It then

flows beneath Route 438 to the northeast, then to

the west beneath Versailles Plank Road again,

meeting another minor tributary that splits into

two surface water features. One feature, the

“northern” stream, drains to the northwest, and

Water Quality Standards

Cattaraugus Territory

Water Body

Designated Uses

Class

Description

then flows to the southwest, crossing beneath

Route 438 and then meeting the original stream

(southern branch) that it split from before

emptying into the Cattaraugus Creek. The

southern-located branch of the stream, after

splitting from the other branch, flows beneath

Route 438, then turns and flows mostly to the

west and meets the northern branch which, as

previously described, flows into the Creek. This

stream system includes approximately 3.52 miles

of Seneca Waters.

CCM-002

(unnamed

tributary)

AGR, AL, CC,

HC, N, PC, SC,

A(CF)

CCM-003

AGR, AL, CC,

HC, N, PC, SC,

A(CF)

This minor tributary, starting to the southwest and

beyond the intersection of Van Vleck Road and

Burning Springs Road, as shown on Figures 3.4

and 3.5 flows for 0.72 mile and drains into the

Cattaraugus Creek. This tributary is just

downstream of Little Indian Creek

As shown on Figures 3.4 and 3.5, this segment of

the Creek, starting at the confluence of Little

Indian Creek and flowing northwest runs for 1.57

miles before meeting the confluence of Clear

Creek.

CCM-004

(unnamed

tributaries)

AGR, AL, CC,

HC, N, PC, SC,

A(CF)

As shown on Figures 3.4 and 3.5, an unnamed

minor tributary leading from the south, from a

point just north of Wardtown Road, flows for 1.35

miles to the north, draining into the Cattaraugus

Creek. However, prior to draining into the Creek,

a 0.12-mile segment of this unnamed tributary

splits from it, and drains into the Creek, just

upstream from its original course.

CCM-005

(unnamed

tributaries)

AGR, AL, CC,

HC, N, PC, SC,

A(CF)

As shown on Figures 3.5, 3.6, and 3.9, a

collection of surface waters encompassing 2.36

miles, is located to the east of Big Indian Creek.

The main branch of this unnamed tributary begins

off-territory to the south, from beyond Wardtown

Road and flows to the north, crossing beneath

Versailles Silver Creek Road, and then running

on-territory. As this tributary flows towards

Cattaraugus Creek, three other unnamed surface

waters converge into the main tributary, prior to

flowing into the Creek.

Seneca Nation, 2025

Water Quality Standards

Cattaraugus Territory

Water Body

North Branch

Clear Creek

Designated Uses

AGR, AL, CC,

HC, N, PC, SC,

Class

A(CF)

Clear Creek

AGR, AL, CC,

HC, N, PC, SC,

A(CF)

CCM-006

AGR, AL, CC,

HC, N, PC, SC,

A(CF)

Seneca Nation, 2025

Description

The North Branch of Clear Creek, as shown on

Figures 3.11 and 3.12, begins at a point to the east

of the Cattaraugus Territory. From there, it flows

into the Cattaraugus Territory, from the east and

only 0.52 miles of the North Branch of Clear

Creek is on-Territory, before it meets the

confluence of Clear Creek.

As shown on Figure 3.12, Clear Creek enters the

Cattaraugus Territory from the east and 0.61

miles of it flows on-Territory before meeting the

confluence of its North Branch. From there,

Clear Creek continues to flow to the west for 0.42

miles before meeting the confluence and a series

of other minor tributaries, that together equal 0.99

miles (Figure 3.12). From that point, as shown on

Figure 3.11, Clear Creek flows to the north

towards Seneca Road for 1.05 miles, meeting an

unnamed tributary from the northeast, originating

from near Longhouse Road. This segment is 1.25

miles. Clear Creek then flows 2.61 miles to the

northwest towards the intersection of Versailles

Plank Road and Seneca Road, as shown on Figure

3.11. An unnamed tributary, flowing from the

south, meets Clear Creek prior to it flowing

beneath Versailles Plank Road. As shown on

Figure 3.10, this segment of Clear Creek meets

two unnamed tributaries from the northeast,

which together equal 2.63 miles and originate

from beyond the eastern side of Versailles Plank

Road. The segment of Clear Creek between these

unnamed tributaries is 0.92 miles. Beyond the

northern tributaries, Clear Creek meanders for

2.65 miles to the west and south, crossing beneath

Route 438 before emptying into the Cattaraugus

Creek, as shown on Figure 3.5.

Starting from the Confluence of Clear Creek, and

flowing from the east to the west, as shown on

Figures 3.5 and 3.6, this segment of the

Cattaraugus Creek is approximately 4.08 miles in

length. This section of the Creek varies in form

and feature, as often as from season to season, as

it is prone to washout and the main channel drifts.

In the westerly most section of CCM-006, the

Water Quality Standards

Cattaraugus Territory

Water Body

Designated Uses

Class

CCM-007

AGR, AL, CC,

HC, N, PC, SC,

A(CF)

CCM-008

AGR, AL, CC,

HC, N, PC, SC,

A(CF)

On the northern side of the Cattaraugus Creek, as

shown on Figure 3.5, 3.9, and 3.10, an unnamed

tributary 2.69 miles in length starts to the east of

Brant Reservation Road. It then flows in a

southwesterly direction, flows beneath Route 438

and then empties into the Cattaraugus Creek,

downstream of Clear Creek (Figure 3.9).

CCM-009

AGR, AL, CC,

HC, N, PC, SC,

A(CF)

As shown on Figure 3.6, a 0.44-mile unnamed

tributary flows from the southwest to the

northeast, draining into the Cattaraugus Creek.

CCM-010

AGR, AL, CC,

HC, N, PC, SC,

A(CF)

As shown on Figure 3.6, an unnamed tributary

starting near Wheeler Brook south of the

Territory, flows to the north. It comes onTerritory along a western boundary, near

Versailles and Buffalo Roads. Once on-Territory,

this tributary flows for 1.21 miles in a

northeasterly direction before emptying into the

Cattaraugus Creek.

CCM-011

AGR, AL, CC,

HC, N, PC, SC,

A(CF)

In the southwestern corner of the Cattaraugus

Territory, as shown on Figure 3.6, three unnamed

tributaries flow from the south to the north,

encompassing 2.13 miles of surface waters,

before draining into the Creek.

Seneca Nation, 2025

Description

main channel of the Creek splits, and

approximately 1.4 miles of channel flows to the

northeast before turning to the northwest and

meeting the main channel again. This section of

the Cattaraugus Creek ends prior to crossing

beneath the Interstate 90 (I-90) bridge.

Starting to the west of CCM-005, CCM-007

encompasses all of the unnamed tributaries to the

west of Big Indian Creek, and Big Indian Creek

itself, including 4.86 miles of surfaces waters, as

shown on Figures 3.6 and 3.9. Big Indian Creek

originates off-Territory, from the south and

crosses beneath Versailles Road before coming

on-Territory. The two unnamed tributaries, with

multiple branches flowing into them, to the west

of Big Indian Creek, flow from the south and east

and drain into the Cattaraugus Creek, just west

and slightly downstream of Big Indian Creek.

Water Quality Standards

Cattaraugus Territory

Water Body

Designated Uses

Class

Description

Cattaraugus Creek Downstream – CCD

Cattaraugus Creek

Downstream

(CCD)-001

AGR, AL, CC,

HC, N, PC, SC,

A(CF)

Starting just to the east of I-90, this segment of

the Cattaraugus Creek flows beneath the I-90

bridge in a northwesterly direction towards Lake

Erie, as shown on Figure on Figure 3.6. This

segment of the Creek is 3.43 miles and flows

beneath a bridge on Route 20 and two railroad

bridges, before emptying into Lake Erie. Note

that in this segment of the Creek, just downstream

of the I-90 bridge, the Cattaraugus Territory

boundary is the Cattaraugus Creek, which is then

also bisected from bank to bank. Therefore, some

of the Creek in this segment is on-Territory, and

some of it is off-Territory.

CCD-002

AGR, AL, CC,

HC, N, PC, SC,

A(CF)

As shown on Figure 3.7 and 3.8, this unnamed

tributary of the Cattaraugus Creek flows east into

the Creek for 1.54 miles. It is to the south of Old

Lakeshore Road and then north of Nation Beach

Road.

CCD-003

AGR, AL, CC,

HC, N, PC, SC,

A(CF)

This unnamed tributary has two inlets that are fed

from Cattaraugus Creek, as shown on Figure 3.7.

One inlet starts from a point along the Creek, and

flows to the west for 0.63 miles, south of Nation

Beach Road, before draining into the other

portion of this feature. The other inlet of this

feature flows from the Creek in a northeasterly

direction, meeting the other portion of this

unnamed feature.

Lake Erie

AGR, AL, CC,

HC, N, PC, SC,

A(WF)

As shown on Figures 3.7 and 3.8, starting from at

point just west and beyond the break wall at the

mouth of Cattaraugus Creek, these Seneca Waters

extend to the north for 1.01 miles along the

shoreline of Lake Erie. The territorial boundary

extends approximately 330 feet west out into

Lake Erie.

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Table A-3: Seneca Nation Waterbody Classifications and Descriptions: Oil Spring Territory

Seneca Nation

Water Body

Cuba Lake

Oil Spring Territory

Designated Uses

Class

Description

AGR, AL, CC,

HC, N, PC, SC,

A(WF)

Cuba Lake Outlet

AGR, AL, CC,

HC, N, PC, SC,

A(WF)

OST-001

AGR, AL, CC,

HC, N, PC, SC,

A(WF)

OST-002

AGR, AL, CC,

HC, N, PC, SC,

A(WF)

Starting from the western territorial boundary,

surface water feature OST-002 runs 0.41 miles to

the east, crosses beneath Cuba Lake Road, and

then empties into the Cuba Lake Outlet, as shown

on Figures 4.1 and 4.3.

OST-003

AGR, AL, CC,

HC, N, PC, SC,

A(CF)

As shown on Figure 4.1, a tributary of Oil Creek

begins in the eastern portion of Oil Spring

Territory, and flows 0.07 miles to the east, before

leaving the territorial bounds.

Seneca Nation, 2025

As shown on Figure 4.1 and 4.2, the southernmost

portion of Cuba Lake (Lake) is located in the

north-central portion of the Oil Spring Territory.

West Shore Cuba Lake Road bounds the Lake to

the west, and South Shore Cuba Lake Road

bounds the Lake to the east.

Starting from the territorial boundary, Cuba Lake

Outlet flows to the south from Cuba Lake, for 1.3

miles, to the southern boundary of the Oil Spring

Territory, as shown on Figures 4.1 through 4.4.

The northern limits of the Cuba Lake Outlet are

composed of a spillway structure that is referred

to as the Cuba Lake Outlet Spillway Dam. The

outlet flows south beneath the South Shore Cuba

Lake Road, then after Oil Spring Park Road, it

flows to the west, toward Cuba Lake Road, and

then to the south again.

As shown on Figures 4.1 through 4.3, an

unnamed tributary referred to as OST-001, flows

from the western boundary of the Oil Spring

Territory to the east for 0.66 miles, runs beneath

Cuba Lake Road and then South Shore Cuba Lake

Road, before emptying into Cuba Lake.

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Figures 1.1 – 1.4: Seneca Nation Territory

Figure 1.1: Locational Map of the Territories

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Figure 1.2: Allegany Territory – Water Resources

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Figure 1.3: Cattaraugus Territory – Water Resources

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Figure 1.4: Oil Spring Territory – Water Resources

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Figures 2.1 – 2.11: Allegany Territory Water Resources

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Figures 3.1 – 3.12: Cattaraugus Territory Water Resources

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Figures 4.1 – 4.4: Oil Spring Territory Water Resources

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Appendix B – Numeric Water Quality Criteria

Section B-1: Recreational Water Quality Criteria

(A) Primary Contact Recreation and Ceremonial Use

Table B-1 below contains the recreational pathogen indicator water quality criteria applicable for all

waters with recreational designated uses - Primary Contact (PC) and Secondary Contact Recreation (SC),

as well as Ceremonial and Cultural Use (CC) – as specified in Appendix A, Tables A-1 through A-3.

Table B-1: Primary Contact Recreation and Ceremonial and Cultural Use Water Quality Criteria

Criteria Elements

Magnitude

Indicator

GM (cfu/100 mL)

STV (cfu/100 mL)

E. coli

126

410

EPA Method 1603 (U.S. EPA, 2002b), or another equivalent method, shall be used to measure E. coli.

Duration and Frequency: The water body GM should not be greater than the selected GM magnitude

in any consecutive 30-day period. There should not be greater than a ten percent excursion frequency

of the selected Statistical Threshold Value (STV) magnitude in the same 30-day period. The STV refers

to the approximation of the 90th percentile of the water quality distribution and is intended to be a

value that should not be exceeded by more than 10 percent of the samples taken.

Section B-2: Water quality criteria for toxic pollutants

(A) Toxic Pollutants

Water quality criteria for specific substances or groups of substances are listed below in Table B-2 of this

Appendix B for the applicable water classes. The substance name is listed with the associated Chemical

Abstract Service Registry Number (CAS No.) where applicable. For entries in Table B-2, Table B-2a,

and Table B-3 of this Appendix B that refer to chemical groups, congeners or other expressions of

multiple substances, the criteria applies to the sum of the substances, unless otherwise indicated. Special

interpretive remarks and notes are provided throughout, as necessary.

The Chemical Abstracts Services (CAS) registry numbers provide a unique identification for each

chemical.

(B) Criteria Types

Where more than one Type of criteria is listed for a water class, the most stringent applies. These criteria,

denoted in the column headed "Type," are as follows:

Human Health (Water Source) 1

HH(WS)

Human Health (Fish Consumption) 2

HH(FC)

Aquatic Life (Chronic effects) 3

AL(C)

Aquatic Life (Acute effects) 4

AL(A)

Wildlife 5

: HH(WS) is the criteria to protect the human consumption of water, after appropriate treatment. These

values are to protect consumption of water only and were derived based on methodologies in 6 CRRNY

Part 702 that were approved by EPA. Certain parameters are based on EPA Maximum Contaminant Level

(MCL) and these values are noted in Table B-2. Unless otherwise noted, HH(WS) criteria are evaluated as

annual averages which are not to be exceeded at any time.

: HH(FC) is the criteria to protect the human consumption of fish (organism only). Unless otherwise

noted in Table B-2, these criteria values were derived based on methodologies in 6 CRRNY Part 702 that

were approved by EPA. Unless otherwise noted, HH(FC) criteria are evaluated as annual averages which

are not to be exceeded at any time.

: AL(C) is the criteria continuous concentration (CCC), which protect aquatic life from chronic effects.

Unless otherwise noted, these criteria are the highest allowable four-day average instream concentration

of a pollutant and are not to be exceeded more than once every three years.

: AL(A) is the criteria maximum concentration (CMC), which protect aquatic life from acute effects.

Unless otherwise noted, these criteria are the highest allowable one-hour average instream concentration

of a pollutant and are not to be exceeded more than once every three years.

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: Wildlife criteria are based on Water Quality Criteria for Protection of Wildlife from 40 CFR 132, Table

4 (included in Appendix C, Section C-5 of these Water Quality Standards). Unless otherwise noted,

Wildlife criteria are evaluated as monthly averages which are not to be exceeded at any time.

All criteria types are for freshwater.

The criteria are in micrograms per liter (ug/L) for each pollutant or substance, unless otherwise noted.

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Table B-2: Water Quality Criteria for Toxic Pollutants

SUBSTANCE

(CAS No.)

WATER CLASSES

Acenaphthene

(83329)

CRITERIA

(ug/L)

90a

TYPE

HH(FC)

Remark:

This value is EPA’s national recommended 304(a) human health criteria for consumption of organism only.

Acetaldehyde

8.0

HH(WS)

(75070)

Acrolein

3.0a

AL(A)

(107028)

3.0 a

AL(C)

400b

HH(FC)

Remarks:

These values are EPA’s national recommended 304(a) aquatic life criteria.

This value is EPA’s national recommended 304(a) human health criteria for consumption of organism only.

Acrylonitrile

7.0a

HH(FC)

(107131)

Remark:

This value is EPA’s national recommended 304(a) human health criteria for consumption of organism only.

Alachlor

0.5

HH(WS)

(15972608)

Aldicarb

7.0

HH(WS)

(116063)

Aldrin

7.7 x 10-7 a

HH(FC)

(309002)

1.5b

AL(A)

Remarks:

This value is EPA’s national recommended 304(a) human health criteria for consumption of organism only.

This criterion is based on the 1980 criteria, which used different Minimum Data Requirements and derivation

procedures from the 1985 Guidelines. The CMC (AL(A)) derived using the 1980 Guidelines was derived to be used as

an instantaneous maximum. Therefore, in order to treat these in a similar manner to more recent criteria developed

using the 1985 Guidelines, the CMC values given are the result of dividing by 2 to obtain a value that is more

comparable to a CMC derived using the 1985 Guidelines.

Alkyldimethyl benzyl

AL(C)

ammonium chloride

(68391-01-5)

Remark:

Refer to criteria for "Quaternary ammonium compounds."

Aluminum, ionic (pH 5.0-10.5)

AL(C)

(7429905)

AL(A)

Remark:

Acute (CMC) and chronic (CCC) freshwater aluminum criteria values for a site shall be calculated using the 2018

Aluminum Criteria Calculator (Aluminum Criteria Calculator V.2.0.xlsx, or a calculator in R or other software package

using the same 1985 Guidelines calculation approach and underlying model equations as in the Aluminum Criteria

Calculator V.2.0.xlsx) as established in EPA’s Final Aquatic Life Ambient Water Quality Criteria for Aluminum 2018

(EPA 822–R–18–001). Where required by federal regulations, measurements of total recoverable aluminum shall be

used. To apply the aluminum criteria for Clean Water Act purposes, criteria values based on ambient water

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SUBSTANCE

(CAS No.)

WATER CLASSES

CRITERIA

(ug/L)

TYPE

AL(A)

chemistry conditions must protect the water body over the full range of variability, including during conditions when

aluminum is most toxic.

Ammonia

AL(C)

(7664417)

Remarks:

Freshwater Ammonia Criteria are pH, Temperature and Life-stage Dependent, see calculation of Ammonia criteria

below for AL(A) [acute] and AL(C) [chronic]:

Acute Criterion Calculations AL(A):

The one-hour average concentration of total ammonia nitrogen (in mg TAN/L) is not to exceed, more than

once every three years on average, the acute criterion magnitude calculated using the following equations:

Cold Water Fisheries AL(CF) or AL(CF)S

0.275

𝐴𝐴𝐴𝐴(𝐴𝐴) = 𝑀𝑀𝑀𝑀𝑀𝑀 � �

1 + 107.204−𝑝𝑝𝑝𝑝

39.0

0.0114

1.6181

� , �0.7249 × �

� × �23.12 × 100.036×(20−𝑇𝑇) ��

1 + 10𝑝𝑝𝑝𝑝−7.204

1 + 107.204−𝑝𝑝𝑝𝑝 1 + 10𝑝𝑝𝑝𝑝−7.204

Warm Water Fisheries AL(WF)

0.0114

1.6181

𝐴𝐴𝐴𝐴(𝐴𝐴) = 0.7249 × �

� × 𝑀𝑀𝑀𝑀𝑀𝑀�51.93, 23.12 × 100.036×(20−𝑇𝑇) �

1 + 107.204−𝑝𝑝𝑝𝑝 1 + 10𝑝𝑝𝑝𝑝−7.204

Chronic Criterion Calculations AL(C)*:

The thirty-day rolling average concentration of total ammonia nitrogen (in mg TAN/L) is not to exceed,

more than once every three years on the average, the chronic criterion magnitude (CCC) calculated using

the following equation:

Cold Water Fisheries (CF)/(CF)S and Warm Water Fisheries (WF)

0.0278

1.1994

𝐴𝐴𝐴𝐴(𝐶𝐶) = 0.8876 × �

� × �2.126 × 100.028×�20−𝑀𝑀𝑀𝑀𝑀𝑀(𝑇𝑇,7)� �

1 + 107.688−𝑝𝑝𝑝𝑝 1 + 10𝑝𝑝𝑝𝑝−7.688

Note

* The highest four-day average within the 30-day averaging period is to be no more than 2.5 times the chronic

criterion (e.g., 2.5 x 1.9 mg TAN/L at pH 7 and 20˚C or 4.8 mg TAN/L) more than once in three years on average.

Aniline

(62533)

Antimony

(CAS No. Not Applicable)

HH(WS)

640a

HH(FC)

This value is EPA’s national recommended 304(a) human health criteria for consumption of organism only.

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SUBSTANCE

(CAS No.)

WATER CLASSES

CRITERIA

(ug/L)

400 a

TYPE

Anthracene

(120127)

HH(FC)

Arsenic

(7440382)

10 a

HH(WS)

150

AL(C)

340

AL(A)

0.14

HH(FC)

Remark:

This value is EPA’s national recommended 304(a) human health criteria for consumption of organism only.

Remarks:

This value is based on EPA’s current drinking water MCL for arsenic.

Note: The above aquatic life criteria are expressed in terms of the dissolved metal in the water column. See Table B3 for conversion factors to convert between total recoverable and dissolved measurements. See Office of Water

Policy and Technical Guidance on Interpretation and Implementation of Aquatic Life Metals Criteria.

Asbestos

HH(WS)

(1332214)

Remark:

7,000,000 fibers (longer than 10 um)/L.

Azinphosmethyl (“Guthion”)

0.005

AL(C)

(86500)

Barium

2.0a

HH(WS)

(7440393)

Remark:

This value is based on EPA’s current drinking water MCL for barium.

Benzene

1.0

HH(WS)

(71432)

HH(FC)

Benzidine

(92875)

0.1

AL(C)

0.011a

HH(FC)

Remark:

This value is EPA’s national recommended 304(a) human health criteria for consumption of organism only.

Benzo(a)anthracene

0.0013

HH(FC)

(56553)

Benzo(a)pyrene

0.00013

HH(FC)

(50328)

Benzo(b)fluoranthene

0.0013

HH(FC)

(205992)

Benzo(k)fluoranthene

0.013

HH(FC)

(207089)

Beryllium

AL(C)

(7440417)

4.0b

HH(WS)

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SUBSTANCE

(CAS No.)

WATER CLASSES

Bis(chloromethyl)ether

(542881)

CRITERIA

(ug/L)

TYPE

0.017a

HH(FC)

Remarks:

11 ug/L, when hardness is less than or equal to 75 ppm; 1,100 ug/L when hardness is greater than 75 ppm.

Aquatic life criteria apply to acid-soluble form.

This value is based on EPA’s current drinking water MCL for beryllium.

Bis(2-chloroethyl)ether

2.2a

HH(FC)

(111444)

Remark:

This value is EPA’s national recommended 304(a) human health criteria for consumption of organism only.

Remark:

This value is EPA’s national recommended 304(a) human health criteria for consumption of organism only.

Bis(2-chloro-1-methylethyl)ether

4,000a

HH(FC)

(108601)

Remark:

This value is EPA’s national recommended 304(a) human health criteria for consumption of organism only.

Bis(2-ethylhexyl)phthalate

5.0

HH(WS)

(117817)

0.6

AL(C)

0.37a

HH(FC)

Remark:

This value is EPA’s national recommended 304(a) human health criteria for consumption of organism only.

Boron

10,000a

AL(C)

(7440428)

Remark:

Aquatic life criteria apply to acid-soluble form.

Bromochloromethane

5.0

HH(WS)

(74975)

Bromomethane

5.0

HH(WS)

(74839)

Bromoform

120a

HH(FC)

(75252)

Remark:

This value is EPA’s national recommended 304(a) human health criteria for consumption of organism only.

Butylbenzyl Phthalate

0.10a

HH(FC)

(85687)

Remark:

This value is EPA’s national recommended 304(a) human health criteria for consumption of organism only.

n-Butylbenzene

5.0

HH(WS)

(104518)

sec-Butylbenzene

5.0

HH(WS)

(135988)

tert-Butylbenzene

5.0

HH(WS)

(98066)

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SUBSTANCE

(CAS No.)

WATER CLASSES

Cadmium

(CAS No. Not Applicable)

CRITERIA

(ug/L)

TYPE

5.0

HH(WS)

AL(C)

AL(A)

Remarks:

𝐴𝐴𝐴𝐴(𝐶𝐶) [𝑐𝑐ℎ𝑟𝑟𝑟𝑟𝑟𝑟𝑟𝑟𝑟𝑟] = { 1.101672 − [ln(𝑝𝑝𝑝𝑝𝑝𝑝 ℎ𝑎𝑎𝑎𝑎𝑎𝑎𝑎𝑎𝑎𝑎𝑎𝑎𝑎𝑎) × (0.041838)]} × 𝑒𝑒 (0.7977×ln(𝑝𝑝𝑝𝑝𝑝𝑝 ℎ𝑎𝑎𝑎𝑎𝑎𝑎𝑎𝑎𝑎𝑎𝑎𝑎𝑎𝑎)−3.909)

𝐴𝐴𝐴𝐴(𝐴𝐴)[𝑎𝑎𝑎𝑎𝑎𝑎𝑎𝑎𝑎𝑎] = { 1.136672 − [ln(𝑝𝑝𝑝𝑝𝑝𝑝 ℎ𝑎𝑎𝑎𝑎𝑎𝑎𝑎𝑎𝑎𝑎𝑎𝑎𝑎𝑎) × (0.041838)]} × 𝑒𝑒 (0.9789×ln(𝑝𝑝𝑝𝑝𝑝𝑝 ℎ𝑎𝑎𝑎𝑎𝑎𝑎𝑎𝑎𝑎𝑎𝑎𝑎𝑎𝑎)−3.866)

Policy and Technical Guidance on Interpretation and Implementation of Aquatic Life Metals Criteria.

Carbaryl

2.1a

AL(A)

(63252)

2.1a

AL(C)

Remark:

These values are EPA’s national recommended 304(a) aquatic life criteria.

Carbofuran

(1563662)

Carbon disulfide

(75150)

Carbon tetrachloride

(56235)

Chlordane a

(57749)

HH(WS)

1.0

AL(C)

HH(WS)

5.0

HH(FC)

0.05

HH(WS)

2 x 10-5

HH(FC)

0.0043b

AL(C)

1.2b

AL(A)

Remarks:

This is a bioaccumulative chemical of concern (BCC), as identified in Section A of Table 6 of 40 CFR Part 132. Refer

to Appendix C, Section C-5 of these Water Quality Standards.

These criteria are based on the 1980 criteria, which used different Minimum Data Requirements and derivation

procedures from the 1985 Guidelines. The CMC derived using the 1980 Guidelines was derived to be used as an

instantaneous maximum. Therefore, in order to treat these in a similar manner to more recent criteria developed

using the 1985 Guidelines, the CMC values given are the result of dividing by 2 to obtain a value that is more

comparable to a CMC derived using the 1985 Guidelines.

Chloride

250,000

HH(WS)

(16887006)

230,000

AL(C)

Seneca Nation, 2025

860,000

AL(A)

Water Quality Standards

SUBSTANCE

(CAS No.)

WATER CLASSES

Chlorinated dibenzo-p-dioxins and Chlorinated

dibenzofurans a

(CAS No. Not applicable)

CRITERIA

(ug/L)

TYPE

7 x 10-7 b

HH(WS)

6 x 10-10 b

HH(FC)

3.1 x 10-9 c

Remarks:

This is a bioaccumulative chemical of concern (BCC), as identified in Section A of Table 6 of 40 CFR Part 132. Refer

to Appendix C, Section C-5 of these Water Quality Standards.

Value is for the total of the chlorinated dibenzo-p-dioxins and chlorinated dibenzofurans that are listed in the table

below as equivalents of 2,3,7,8-tetrachlorodibenzo-p-dioxin (2,3,7,8-TCDD), CAS No. 1746016.

The 2,3,7,8-TCDD equivalent for a congener for the HH(WS) criteria is obtained by multiplying the concentration of

that congener by its Toxicity Equivalency Factor (TEF) from the table below.

The 2,3,7,8-TCDD equivalent for a congener for the HH(FC) criteria is obtained by multiplying the concentration of

that congener by its TEF and its Bioaccumulation Equivalency Factor (BEF) from the table below.

Applies only to 2,3,7,8-TCDD.

CONGENER

2,3,7,8-Tetrachlorodibenzo-p-dioxin

1,2,3,7,8-Pentachlorodibenzo-p-dioxin

1,2,3,4,7,8-Hexachlorodibenzo-p-dioxin

1,2,3,6,7,8-Hexachlorodibenzo-p-dioxin

1,2,3,7,8,9-Hexachlorodibenzo-p-dioxin

1,2,3,4,6,7,8-Heptachlorodibenzo-p-dioxin

Octachlorodibenzo-p-dioxin

2,3,7,8-Tetrachlorodibenzofuran

1,2,3,7,8-Pentachlorodibenzofuran

2,3,4,7,8-Pentachlorodibenzofuran

1,2,3,4,7,8-Hexachlorodibenzofuran

1,2,3,6,7,8-Hexachlorodibenzofuran

2,3,4,6,7,8-Hexachlorodibenzofuran

1,2,3,7,8,9-Hexachlorodibenzofuran

1,2,3,4,6,7,8-Heptachlorodibenzofuran

1,2,3,4,7,8,9-Heptachlorodibenzofuran

Octachlorodibenzofuran

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TEF

0.5

0.1

0.01

0.001

0.1

0.05

0.5

0.1

0.01

0.001

BEF

0.9

0.3

0.1

0.05

0.01

0.8

0.2

1.6

0.08

0.2

0.7

0.6

0.01

0.4

0.02

Water Quality Standards

SUBSTANCE

(CAS No.)

Chlorine a

(7782505)

WATER CLASSES

CRITERIA

(ug/L)

TYPE

5.0

AL(C)

AL(A)

4,000b

HH(WS)

Remarks:

Total residual chlorine.

This value is based on EPA’s current drinking water MRDL (maximum residual disinfectant level) for chlorine.

Chlorobenzene

5.0

HH(WS)

(108907)

400

HH(FC)

5.0

AL(C)

4-Chlorobenzotrifluoride

(98566)

Chloroform

(67663)

5.0

HH(WS)

2,000

HH(FC)

7.0

HH(WS)

Chlorodibromomethane

(124481)

21a

HH(FC)

Remark:

This value is EPA’s national recommended 304(a) human health criteria for consumption of organism only.

2-Chloronaphthalene

1,000a

HH(FC)

(91587)

Remark:

This value is EPA’s national recommended 304(a) human health criteria for consumption of organism only.

2-Chlorophenol

800a

HH(FC)

(95578)

Remark:

This value is EPA’s national recommended 304(a) human health criteria for consumption of organism only.

Chlorophenoxy Herbicide (2,4-D)

12,000a

HH(FC)

(94757)

Remark:

This value is EPA’s national recommended 304(a) human health criteria for consumption of organism only.

Chlorophenoxy Herbicide (2,4,5-TP) [Silvex]

400a

HH(FC)

(93721)

0.05b

HH(WS)

Remark:

This value is EPA’s national recommended 304(a) human health criteria for consumption of organism only.

This value is based on EPA’s current drinking water MCL for silvex.

2-Chlorotoluene

5.0

HH(WS)

(95498)

3-Chlorotoluene

5.0

HH(WS)

(108418)

4-Chlorotoluene

5.0

HH(WS)

(106434)

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Water Quality Standards

SUBSTANCE

(CAS No.)

3-Chloro-1,1,1-trifluoropropane

(460355)

Chlorpyrifos

(2921882)

WATER CLASSES

CRITERIA

(ug/L)

5.0

TYPE

HH(WS)

0.041a

AL(C)

0.083

AL(A)

50a

HH(WS)

AL(C)

AL(A)

Remark:

These values are EPA’s national recommended 304(a) aquatic life criteria.

Chromium (III)

(16065831)

Remarks: a Applies to total chromium [chromium (III) + chromium (VI)]

𝐴𝐴(𝐶𝐶)[𝑐𝑐ℎ𝑟𝑟𝑟𝑟𝑟𝑟𝑟𝑟𝑟𝑟] = 𝑒𝑒 (0.819×ln(𝑝𝑝𝑝𝑝𝑝𝑝 ℎ𝑎𝑎𝑎𝑎𝑎𝑎𝑎𝑎𝑎𝑎𝑎𝑎𝑎𝑎)+0.6848) × (0.86)

𝐴𝐴(𝐴𝐴)[𝑎𝑎𝑎𝑎𝑎𝑎𝑎𝑎𝑎𝑎] = 𝑒𝑒 (0.819×ln(𝑝𝑝𝑝𝑝𝑝𝑝 ℎ𝑎𝑎𝑎𝑎𝑎𝑎𝑎𝑎𝑎𝑎𝑎𝑎𝑎𝑎)+3.7256) × (0.316)

Note: The above aquatic life criteria are expressed in terms of the dissolved metal in the water column. See

Table B-3 for conversion factors to convert between total recoverable and dissolved measurements. See Office

of Water Policy and Technical Guidance on Interpretation and Implementation of Aquatic Life Metals Criteria.

Chromium (VI)

AL(C)

(18540299)

AL(A)

Note: The above aquatic life criteria are expressed in terms of the dissolved metal in the water column. See

Table B-3 for conversion factors to convert between total recoverable and dissolved measurements. See Office

of Water Policy and Technical Guidance on Interpretation and Implementation of Aquatic Life Metals Criteria.

Chrysene

0.13

HH(FC)

(218019)

Cobalt

5.0

AL(C)

(CAS No. Not Applicable)

Copper

200

HH(WS)

(7440508)

AL(C)

AL(A)

Remarks:

Acute [AL(A)] and chronic [AL(C)] freshwater copper criteria shall be developed using EPA’s 2007 Aquatic Life

Ambient Freshwater Quality Criteria—Copper (EPA–822–R–07–001), which incorporates use of the copper biotic

ligand model (BLM). Where sufficiently representative ambient data for DOC, calcium, magnesium, sodium,

potassium, sulfate, chloride, or alkalinity are not available, the Tribe shall use the 10th percentile values from

publicly available peer-reviewed datasets such as the US Geological Survey National Waters Information System

(NWIS) and EPA’s Storage and Retrieval Data Warehouse. See EPA’s Metals Aquatic Life Criteria and Chemistry

Map (MetALiCC-MAP v1.0),

https://epa.maps.arcgis.com/apps/View/index.html?appid=8c7cb6950ffa4a74b73465bfa0b3191c

Note: The above aquatic life criteria are expressed in terms of the dissolved metal in the water column. See

Table B-3 for conversion factors to convert between total recoverable and dissolved measurements. See Office

of Water Policy and Technical Guidance on Interpretation and Implementation of Aquatic Life Metals Criteria

Seneca Nation, 2025

Water Quality Standards

SUBSTANCE

(CAS No.)

Cyanide

(57125)

WATER CLASSES

CRITERIA

(ug/L)

TYPE

200

HH(WS)

400

HH(FC)

5.2 a

AL(C)

22 a

AL(A)

Remark:

These criteria are expressed as free cyanide: the sum of HCN and CN- expressed as CN.

p,p'-DDD a

0.3

(72548)

8 x 10-5

HH(WS)

1.1 x 10-5 b

HH(FC)

Remarks:

This is a bioaccumulative chemical of concern (BCC), as identified in Section A of Table 6 of 40 CFR Part 132.

Refer to Appendix C, Section C-5 of these Water Quality Standards.

Applies to the sum of p,p'-DDD, p,p'-DDE and p,p'-DDT.

p,p'-DDE a

0.2

HH(WS)

(72559)

7 x 10-6

HH(FC)

Remarks:

This is a bioaccumulative chemical of concern (BCC), as identified in Section A of Table 6 of 40 CFR Part 132.

Refer to Appendix C, Section C-5 of these Water Quality Standards.

See criteria for p,p'-DDT.

p,p'-DDT a

0.2

HH(WS)

(50293)

1 x 10-5

HH(FC)

1.1 x 10-5 b

0.0001

AL(C)

0.55

AL(A)

Remarks:

This is a bioaccumulative chemical of concern (BCC), as identified in Section A of Table 6 of 40 CFR Part 132.

Refer to Appendix C, Section C-5 of these Water Quality Standards.

Applies to the sum of p,p'-DDD, p,p'-DDE and p,p'-DDT.

Dechlorane Plus

5.0

HH(WS)

(13560899)

Demeton

0.1

AL(C)

(8065483)

Seneca Nation, 2025

Water Quality Standards

SUBSTANCE

(CAS No.)

Diazinon

(333415)

WATER CLASSES

CRITERIA

(ug/L)

TYPE

0.08

AL(C)

0.17a

AL(A)

1.3 x 10-4 a

HH(FC)

Remark:

These values are EPA’s national recommended 304(a) aquatic life criteria.

Dibenzo(a,h)anthracene

(53703)

Remark:

This value is EPA’s national recommended 304(a) human health criteria for consumption of organism only.

1,2-Dibromobenzene

5.0

HH(WS)

(583539)

1,3-Dibromobenzene

5.0

HH(WS)

(108361)

1,4-Dibromobenzene

5.0

HH(WS)

(106-37-6)

1,2-Dibromo-3-chloropropane

0.04

HH(WS)

(96128)

Dibromodichloromethane

5.0

HH(WS)

(594183)

Di-n-butyl phthalate

HH(FC)

(84742)

Dichlorobenzenes

3.0 a

HH(WS)

(95501; 541731; 106467)

5.0 b

AL(C)

3,0001/102/

9003

HH(FC)c

Remarks:

Applies to each isomer (1,2-,1,3- and 1,4-dichlorobenzene) individually.

Applies to the sum of 1,2-, 1,3- and 1,4-dichlorobenzene.

These values are EPA’s national recommended 304(a) human health criteria for consumption of organism only.

Applies to 1,2-Dichlorobenzene (CAS No.: 95501) organisms only.

Applies to 1,3-Dichlorobenzene (CAS No.: 541731) organisms only.

Applies to 1,4-Dichlorobenzene (CAS No.: 106467) organisms only.

3,3'-Dichlorobenzidine

0.15a

HH(FC)

(91941)

Remark:

This value is EPA’s national recommended 304(a) human health criteria for consumption of organism only.

3,4-Dichlorobenzotrifluoride

5.0

HH(WS)

(328847)

Dichlorobromomethane

27a

HH(FC)

(75274)

Remark:

This value is EPA’s national recommended 304(a) human health criteria for consumption of organism only.

Seneca Nation, 2025

Water Quality Standards

SUBSTANCE

(CAS No.)

1,1-Dichloroethane

(75343)

1,2-Dichloroethane

(107062)

WATER CLASSES

CRITERIA

(ug/L)

TYPE

5.0

HH(WS)

0.6

HH(WS)

650

HH(FC)

Remark:

This value is EPA’s national recommended 304(a) human health criteria for consumption of organism only.

1,1-Dichloroethylene

20,000a

HH(FC)

(75354)

Remark:

This value is EPA’s national recommended 304(a) human health criteria for consumption of organism only.

cis-1,2-Dichloroethene

(156592)

trans-1,2-Dichloroethene

(156605)

Dichlorofluoromethane

(75434)

5.0

HH(WS)

5.0

HH(WS)

5.0

HH(WS)

2,4-Dichlorophenol

(120832)

60a

HH(FC)

Remarks:

This value is EPA’s national recommended 304(a) human health criteria for consumption of organism only.

2,4-Dichlorophenoxyacetic acid

HH(WS)

(94757)

1,1-Dichloropropane

5.0

HH(WS)

(78999)

1,2-Dichloropropane

1.0

HH(WS)

(78875)

31a

HH(FC)

Remark:

This value is EPA’s national recommended 304(a) human health criteria for consumption of organism only.

1,3-Dichloropropane

(142289)

2,2-Dichloropropane

(594207)

1,3-Dichloropropene

(542756)

5.0

HH(WS)

5.0

HH(WS)

0.4a

HH(WS)

12b

HH(FC)

Remarks:

Applies to the sum of cis- and trans-1,3-dichloropropene, CAS numbers 10061015 and 10061026, respectively.

This value is EPA’s national recommended 304(a) human health criteria for consumption of organism only.

2,3-Dichlorotoluene

5.0

HH(WS)

(32768540)

2,4-Dichlorotoluene

5.0

HH(WS)

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