5.02.040 General Conditions

(a) General Conditions

The following conditions shall apply to the water quality criteria and classifications set forth herein.

(1) All Tribal Surface Waters shall be free from pollutants in concentrations or combinations that do not protect the most sensitive use of the water body, except as provided under mixing zones.

(2) Whenever the natural conditions of surface water of the Tribe are of a lower quality than the aquatic life criteria assigned, the Division may determine that the natural conditions shall constitute the aquatic life water quality criteria. If a natural condition varies with time, the natural condition will be determined as the highest quality prevailing natural condition measured during an annual, seasonal, or shorter time period prior to influence of human-caused pollution. The Division may, at its discretion, determine a natural condition for one or more seasonal or shorter time period(s) to reflect variable ambient conditions.

(3) All 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, groundwater, or sediments, then the applicable standards shall depend upon which existing or designated use is, or could be, adversely affected. If the uses of more than one resource are affected, than the most protective criteria shall apply.

(4) The Division may revise criteria on a territory-wide or water body-specific basis as needed to protect aquatic life and human health and other existing and designated uses, and also to increase the technical accuracy of the criteria being applied. The Division shall formally adopt any revised criteria following public review and comment.

(b) General Narrative and Numeric Criteria

The following Narrative Criteria apply to all Tribal Surface Waters of the Saint Regis Mohawk Tribe, including intermittent streams and within designated mixing zones.

(1) Suspended, colloidal and settleable solids: Tribal surface waters shall be free from suspended, colloidal and settleable solids that will cause deposition or impair the waters for their designated uses.

(2) Oil, grease and any floating substances: Tribal Surface Waters shall be free from oil and grease, including visible oil film and globules of oil.

(3) Color: Tribal Surface Waters shall be free from substances that will adversely affect the color or impair the water of their designated uses. Color-producing substances from other than natural sources are limited to concentrations equivalent to 15 color units (CU).

(4) Odor and Taste: Tribal Surface Waters shall be free from substances that will adversely affect the taste, odor thereof, or impair the water of their designated uses.

(5) Nitrogen and Phosphorus: Tribal Surface Waters shall be free from nutrients in concentrations that will result in growths of algae, weeds and slimes that will impair their designated uses.

(6) Pathogens: Designated Uses of Tribal Surface Waters shall not be impaired by pathogens, as measured by Pathogen Indicator Bacteria, pursuant to SRMT swimming and bathing criteria in Section VI(A).

(7) Turbidity: Turbidity attributable to other than natural causes, shall not reduce light transmission to a point that causes an unaesthetic and substantial visible contrast with the natural appearance of the water.

(8) Temperature Thermal discharge: The introduction of heat by other than natural causes shall not increase the temperature in a stream, outside a mixing zone, by more than 2.7°C (5°F), based upon the monthly average of the maximum daily temperatures measured at mid-depth or three feet (whichever is less) outside the mixing zone. The normal daily and seasonal variations that were present before the addition of heat from other than natural sources shall be maintained. In no case shall man-introduced heat be permitted when the maximum temperature specified for the reach (20°C/68°F for cold water fisheries and 32.2°C/90°F for warm water fisheries) would thereby be exceeded.

(A) Exclusions. Privately owned ponds that do not combine with other Tribal Surface Waters are exempt from this thermal discharge standard. However, waters released from any such pond into a stream or river must meet Tribal Water Quality Standards of the receiving water body.

(9) Salinity/Mineral Quality (total dissolved solids, chlorides, and sulfates): Existing mineral quality shall not be altered by municipal, industrial, and instream activities, or other waste discharges so as to interfere with the designated uses for a water body. An increase of more than 1/3 over naturally-occurring levels shall not be permitted. In no case shall dischargers cause concentrations in rivers with a domestic water supply use to exceed 250 mg/l of chlorides, 250 mg/l sulfates and 500 mg/l total dissolved solids.

(10) pH: The pH of Tribal Surface Waters shall not be permitted to fluctuate in excess of 1.0 unit over a period of 24 hours for other than natural causes or outside the range 6.5-8.5

(11) Garbage, cinders, ashes, sludge, concrete wash and other refuse: Tribal Surface waters shall be free of these items in any amount.

(12) Dissolved Oxygen: The DO standard for the protection of aquatic life in surface waters shall not be less than a daily average of 6.0 mg/l, and at no time less than 5.0. For water bodies used as spawning habitat by cold water fishes (e.g. salmonids) the DO standard shall be no less than 7.0 mg/l from other than natural conditions.

(13) Flow: There shall be no alteration of flow that will impair the waters for their designated uses.

(14) Radioactivity: The Radioactivity should be kept at the lowest practicable levels, and in any event should be controlled to the extent necessary to prevent harmful effects on health.

(1) Toxic substances shall not be present in receiving waters in quantities that are toxic to humans or aquatic life, or in quantities that interfere with normal propagation, growth, and survival of sensitive indigenous aquatic life. For toxic substances lacking published criteria, bioassay data for sensitive indigenous test species/lifestages may be used to determine compliance with these narrative criteria

(2) Standards for toxic substances are listed in Appendix 1.

(3) Note that any future standards which may be derived for toxic substances, and added to Appendix 1, shall be as protective as those which would be derived using the methodologies for calculating water quality criteria found in 40 CFR Part 132.

(4) SRMT Applicable or Relevant and Appropriate Requirements (ARARs) for Polychlorinated Biphenyls (PCBs):

SRMT has an ARAR specific to a class of pollutants called Polychlorinated Biphenyls (PCBs) (TCR NO. 89-19). The ARARs are applicable to ambient conditions and cleanup standards as follows:

Media Concentration

Sediments 0.1 ug/kg

Soils 1.0 ug/g

Surface Waters 1.0 pg/l

Groundwaters 10.0 pg/l

Air 5.0 ng/m3

(d) Biological Criteria:

(1) All surface waters of the Tribe shall be of sufficient quality to support aquatic life without detrimental changes in the resident aquatic communities.

(2) Tribal surface waters shall be free from substances, whether attributable to point sources discharges, nonpoint sources, or instream activities, in concentrations or combinations which would impair the structure or limit the function of the resident aquatic community as it naturally occurs.

(3) Determination of impairment or limitation of the resident aquatic community shall be based on a comparison with the aquatic community found at an appropriate reference site or region.

(e) Wildlife Criteria:

(1) All surface waters of the Saint Regis Mohawk Tribe shall be of sufficient quality to protect and support all life stages of resident and/or migratory wildlife species which live in, on, or near the waters of the Akwesasne Territory.

(2) Specific Wildlife-based Standards for toxic substances are listed in Appendix 1.

(f) Wetlands:

(1) All wetlands within the exterior boundaries of the territory that are not constructed wetlands shall be subject to the Narrative Criteria (this section, subsection (b)), Antidegradation (section 2) and the Saint Regis Mohawk Tribe Wetlands Protection Act. www.srmtenv.org/wetlands

(2) Water quality in wetlands shall be maintained at naturally occurring levels, within the natural range of variation for the individual wetland, unless otherwise specified and approved by the Environment Division.

(3) Physical and biological characteristics shall be maintained and protected by:

(A) Maintaining hydrological conditions, including hydroperiod, hydrodynamics, and natural water temperature variations;

(B) Maintaining the natural hydrophytic vegetation;

(4) Point and Nonpoint sources of pollution shall not cause destruction or impairment of wetlands except where authorized under Section 404 of the CWA.

(5) Natural wetlands shall not be used as repositories or treatment systems for wastes from human sources.