Resolution No. 2022-04 — To Amend Tribal Water Quality Standards under the Authority of the Federal Pollution Control Act

WHEREAS, the Saint Regis Mohawk Tribal Council (the "Tribal Council") is the duly recognized governing body of the Saint Regis Mohawk Tribe (the "Tribe") and is responsible for the health, safety, education and welfare of all community members; and

WHEREAS, the Tribal Council has been authorized to act on the Tribe's behalf to protect the natural resources and the environment through its enactment of laws, ordinances, regulations and programs developed through the Tribe's Environment Division; and

WHEREAS, in TCR 2000-12, the Tribe authorized the Environment Division to obtain delegation of the Clean Water Act, now known as the Federal Water Pollution Control Act (FWPCA), programs to the Tribe from the U.S. Environmental Protection Agency (EPA) and determined that the Tribe's Environment Division shall have primary responsibility for establishing, reviewing, implementing and revising water quality standards under the FWPCA, Section 303, and for issuing certifications under Section 401, subject to Tribal Council's review and approval in accordance with Tribal law; and

WHEREAS, on October 16, 2002 the EPA approved the Tribe's Treatment in the Similar Manner as a State (TAS) Application to administer programs under the FWPCA; and

WHEREAS, in accordance with the FWPCA, Section 303 and 401, the Environment Division's Water Resources Program is responsible for implementing water quality standards and issuing certifications; and

WHEREAS, in TCR 2016-67, the Tribal Council adopted Water Quality Standards ("WQS") and in TCR 2020-02 the Tribal Council re-certified the WQS for the Tribe; and

WHEREAS, in accordance with the FWPCA, Section 303(c)(1) the Water Resources Program is required, at least once every three years, to review applicable water quality standards and, as appropriate, modify and adopt standards; and

WHEREAS, the Environment Division Water Resource Program recommends an amendment to the WQS that includes updated definitions to class A, class B, and to class C type waterbodies, including changes to class descriptions, and changes to substance standards to more accurately reflect the current contaminant concentration calculation standards. Substances with changes or newly added are as follows:

NOW, THEREFORE, BE IT RESOLVED, the Saint Regis Mohawk Tribal Council hereby amends the Saint Regis Mohawk Tribal Water Quality Standards, as attached hereto, effective the date of this Resolution.

SAINT REGIS MOHAWK TRIBAL COUNCIL

CERTIFICATION: This is to certify that the Saint Regis Mohawk Tribal Council pursuant to the authority vested therein duly passed the above resolution.

Water Quality Standards for the Saint Regis Mohawk Tribe Under the Authority of the Clean Water Act §303(c)

Section I. Purpose, Authority, Applicability And Implementation

The Tribal Council of the Saint Regis Mohawk Tribe, a federally - recognized Tribe of Indians, hereby enacts the Saint Regis Mohawk Tribe Water Quality Standards.

A. Purpose.

The purpose of the Tribe's Water Quality Standards is as follows:

1. Assign designated uses for which Tribal Surface Waters shall be protected;

2. Prescribe and impose water quality standards (narrative and numeric) in order to sustain the designated use of Tribal Surface Waters;

3. Protect against the degradation of Tribal Surface Waters;

4. Promote the social welfare and economic well-being of the Tribe;

5. Promote a holistic watershed approach to management of the Tribal Surface Waters;

6. Provide for the protection of threatened or endangered species and,

7. Protect cultural and ceremonial uses.

The purpose of these water quality standards is to facilitate sovereign self-determination and the restoration and preservation of traditional hunting, fishing, gathering and cultural uses in, on and around Tribal Surface Waters. The Environment Division is committed to providing cleaner, safer water for all of creation. These water quality standards will in turn promote the general welfare and well-being of the community by allowing the Tribe and its members to utilize the water for traditional, cultural and ceremonial purposes. Water quality standards are not used to control, and are not invalidated by, natural background phenomena or acts of the Creator.

These purposes shall be accomplished by utilizing the standards set forth in the Tribe's Water Quality Standards as the basis for permitting and management process for point source discharges and nonpoint source generators, by using treatment technologies to control point sources and by adopting best management practices for nonpoint sources of pollution.

B. Authority.

The Saint Regis Mohawk Tribe maintains the plenary sovereign power to regulate the quality of Tribal Surface Waters in the interest of the health and wellbeing of the Mohawk People. Pursuant to §§303 and 518 of the Clean Water Act the U.S. Environmental Protection Agency (EPA) approved the Tribe's Application for a Determination of Eligibility to Administer Programs under the Clean Water Act on October 16, 2002.

C. Applicability.

The Tribal Water Quality Standards apply to all Tribal Surface Waters, that is, all surface waters within the exterior boundaries of the Saint Regis Mohawk Territory, including water situated wholly or partly within, or bordering upon, the Territory, whether public or private, except for private waters that do not combine with other surface waters.

D. Implementation.

1. Water Resources Personnel. The Water Resources Program shall administer the SRMT WQS. The program is comprised of a Program Manager and Technicians. This program shall serve under the direction of the Director of the SRMT Environment Division.

2. Consistency. The Tribe's Water Quality Standards are consistent with section 101(a)(2) of the Clean Water Act (33 U.S.C. Section 1251(a)(2)), which declares that "it is the national goal that, wherever attainable, an interim goal of water quality which provides for the protection and propagation of fish, shellfish, and wildlife and provides for recreation in and on the water achieved by July, 1983...." Primary contact and ceremonial use, agricultural and water supply use are other designated uses of Tribal Surface Waters. The Tribe's Water Quality Standards provide that such designated uses shall not result in any contamination that may lower the quality of the water below what is required for recreation and protection and propagation of fish, shellfish, and wildlife.

3. Antidegradation Policy. The antidegradation policy for Tribal Surface Waters and the procedures for implementing it are set forth in Section III and in the Implementation Plan.

4. Revisions. The Tribal Water Quality Standards will be reviewed every 3 years. The review provides an opportunity for revisions and/or additions based on new information or for clarification of existing issues.

5. Public hearings. Following enactment, pursuant to Section 303(c)(1) of the Clean Water Act [33 U.S.C. Section 303(c)], the Saint Regis Mohawk Tribe shall hold public hearings at least once every three years for the purpose of reviewing and, as appropriate, amending the Tribal Water Quality Standards. Findings and revisions shall incorporate relevant scientific and engineering advances as well as any other relevant environmental concerns.

6. Protection of Designated Uses. Conditions particular to a use shall be protected at all times. General Conditions (Section IV, below) shall be maintained at all times and shall apply to all Tribal Surface Waters, whether perennial, ephemeral, or intermittent. The standards assigned to each Tribal Surface Water shall be the most stringent standards required to protect all uses designated for that body of water.

7. Use Attainability. In the event that monitoring of water quality identifies reaches where attainable water quality is less than what is required by the Tribal Water Quality Standards, then the Saint Regis Mohawk Tribe may modify the Water Quality Standards to reflect attainability. Modification shall then be within the sole discretion of the Saint Regis Mohawk Tribe, but shall be subject to the provisions of the Clean Water Act, and shall be carried out in accordance with use-attainability analysis procedures required by 40 CFR 131.10. A designated use, that is not an existing use, may be removed if it is demonstrated that attaining the designated use is infeasible. Further, at a minimum, uses are considered attainable if they can be achieved by implementing effluent limits required under Sections 301(b) and 306 of the Clean Water Act (Act) and by implementing cost-effective and reasonable best management practices (BMPs) for nonpoint source control. (40 CFR 131.10(h)(2)). If the Saint Regis Mohawk Tribe adopts a new or revised water quality standard based on a required use attainability analysis, the Tribe shall also adopt the highest attainable use, as defined in §131.3(m).

A Use Attainability Analysis must be conducted whenever: (1) The Tribe designates or has designated uses that do not include the uses specified in section 101(a)(2) of the Act, or (2) The Tribe wishes to remove a designated use that is specified in section 101(a)(2) of the Act or to adopt subcategories of uses specified in section 101(a)(2) of the Act which require less stringent criteria. The regulation (at 40 CFR 131.10(g)) specifies that States and Tribes may remove a designated use which is not an existing use if attainment of a use is not feasible due to the following:

a. Naturally occurring pollutant concentrations prevent the attainment of a use; or,

b. Natural, ephemeral, intermittent, or low flow conditions or water levels prevent the attainment of the use, unless these conditions may be compensated for by the discharge of sufficient volume of effluent discharges without violating State or Tribal water conservation requirements to enable uses to be met; or,

c. Human caused conditions or sources of pollution prevent the attainment of the use and cannot be remedied or would cause more environmental damage to correct than to leave in place; or;

d. Dams, diversions or other types of hydrological modifications preclude the attainment of the use, and it is not feasible to restore the water body to its original condition or operate such modification in a way that would result in the attainment of a use; or,

e. Physical conditions related to the natural features of the water body, such as the lack of a proper substrate, cover, flow, depth, pools, riffles, and the like, unrelated to water quality, preclude attainment of aquatic life protection uses; or, f. Controls more stringent than those required by Sections 301(b) and 306 of the Act would result in substantial and widespread economic and social impact.

Section II. Definitions

Acute Effects: any adverse health outcome resulting from short-term exposure to a toxic substance.

Administrator: the Administrator of the United States Environmental Protection Agency.

Agricultural Water Supply Use: the use of water for irrigation.

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

Antidegradation: the three tiers of Antidegradation are as follows: Tier 1, maintains and protects existing uses and water quality conditions necessary to support such uses. Tier 1 requirements are applicable to all surface waters. Tier 2, maintains and protects "high quality" waters-water bodies where existing conditions are better than necessary to support CWA § 101(a)(2) "fishable/swimmable" uses. Tier 3, maintains and protects water quality in Outstanding National Resource Waters (ONRWs). Except for certain temporary changes, water quality cannot be lowered in such waters. ONRWs generally include the highest quality waters of the United States.

Aquatic Life: any animal or plant, such as fish, shellfish and mammals, which lives at least part of their life cycle in the water.

Attainable Use: a use of surface water that has the quality and all other characteristics necessary to support and maintain the use or which would support and maintain the use after the implementation of water quality standards as set forth in or promulgated pursuant to this Code.

Best Management Practices: practices undertaken to control, restrict, and diminish nonpoint sources of pollution which are consistent with the purposes of the WQS; and measures, including but not limited to structural measures, that are determined to be the most effective and practical means of preventing or reducing pollution from nonpoint sources.

Bioaccumulation: the process whereby slowly metabolized or excreted substances increase in concentration in living organisms as they take in polluted air, water, or food.

Biological Criteria: the numeric values or narrative expressions that describe the biological integrity or aquatic communities inhabiting waters of a given designated aquatic life use. Biological criteria serve as an index of aquatic community health.

Ceremonial and Spiritual Water Use: the use of water for spiritual and cultural practices which involve primary contact. This shall include uses of Tribal Surface Waters of a water body to fulfill cultural, traditional, spiritual, or religious needs of the Tribe or its members.

cfs: cubic feet per second.

cfu: colony forming units; expressed as cfu per 100 milliliters.

Chronic Toxicity: a long-term adverse effect to an organism (when compared to the life span of the organism) caused by or related to changes in feeding, growth, metabolism, reproduction, a pollutant, genetic mutation, etc. Short-term test methods for detecting chronic toxicity may be used to make inferences about chronic toxicity.

Cold Water Fishery: a stream reach, lake, or impoundment where the water temperature and other characteristics are suitable for the support of cold water fish.

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 or to suspended matter.

Constructed Wetland: a wetland intentionally created from non-wetland sites for the sole purpose of wastewater or storm water treatment.

Criteria: are elements of Tribal water quality standards, expressed as constituent concentrations, levels, or narrative statements, representing a quality of water that supports a particular use. When criteria are met, water quality will generally protect the designated use.

Cultural Use: Cultural and ceremonial uses that utilize tribal water resources.

CWA: the Federal Clean Water Act (33 USC 1251 et seq.), as mentioned.

Designated Uses: those water uses identified by the Water Quality Standards that must be achieved and maintained as required under the Clean Water Act. Uses can include cold water fisheries, public water supply, recreation, and cultural/ceremonial uses.

Division: the Saint Regis Mohawk Tribe, Environment Division.

Director: the director of the Saint Regis Mohawk Tribe Environment Division.

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

Effluent: the water and the quantities, rates, and concentrations of chemical, physical, biological, and other constituents discharged from a point source.

EPA: United States Environmental Protection Agency.

Existing Uses: those uses actually attained by a water body on or after November 28, 1975 whether or not they are included in the water quality standards.

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

Fishery: the complex communities of fishes and shellfishes dependent on adequate water quality, quantity, and habitat of water body; inclusive of cold water and warm water fisheries.

Flow: Volume of water passing through the cross sectional area of a stream (or river) per unit volume of time.

Groundwater: all subsurface water situated wholly or partly within or bordering upon the exterior boundaries of the Territory.

Hardness: measure of the 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: is the modified aquatic life, wildlife, or recreation use that is both closest to the uses specified in section 101(a)(2) of the Act and attainable; based on the evaluation of the factor(s) in §131.10(g) that preclude(s) attainment of the use and any other information or analyses that were used to evaluate attainability. There is no required highest attainable use where the Tribe demonstrates the relevant use specified in section 101(a)(2) of the Act and sub-categories of such a use are not attainable.

Indigenous: a species having originated in and produced, growing, or living in a particular region or environment.

Intermittent Stream: a stream or stream reach that flows only when receiving water directly from springs, melting snow, or localized precipitation.

Milligrams per Liter (mg/l): the concentration at which one milligram is contained in a volume of one (1) liter.

Mixing Zone: an area where an effluent discharge undergoes initial dilution and is extended to cover the secondary mixing in the ambient water body. A mixing zone is an allocated impact zone where numeric water quality criteria can be exceeded but acutely toxic conditions are prevented from occurring.

NPDES Permit: a National Pollutant Discharge Elimination System permit issued pursuant to Section 402 of the Clean Water Act, 33 U.S.C. 1251-1387.

Narrative Standards: standards or criteria expressed in words rather than numbers.

Natural Background: the ambient water quality characteristics of waters void of human influence

Nonpoint Source Pollution: pollution conveyed to a water body, above ground or below, by rainfall and snowmelt. The origin of non-point source pollution can be a single activity, i.e. agriculture, livestock, construction, and parking lot runoff, or from regional actions like stream erosion.

Nutrient: Any substance assimilated by living things that promotes growth. The term is generally applied to nitrogen and phosphorus in wastewater, but is also applied to other essential and trace elements.

Pathogen Indicator Bacteria: surrogates used to measure the potential presence of fecal material and associated fecal pathogens. Indicator bacteria such as E. coli and enterococci are part of the intestinal flora of warm-blooded animals.

Pathogenic Bacteria and Viruses: bacteria and viruses capable of causing disease in humans.

Perennial Stream: a stream or stream reach that flows continuously throughout the year, 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 agency, municipality, industry, public or private corporation, or any other entity whatsoever.

Persistent Bioaccumulative Toxics: are chemicals of particular concern for toxic effects, persistence in the environment, capable of long range transport, bioaccumulation in human and animal tissue, and potential for significant impacts on human health and ecosystems.

Point Source: any discernible, confined, and discrete conveyance, including but not limited to any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, or vessel or other floating craft from which pollutants are or may be discharged, but not including return flows from agricultural irrigation.

Pollutant: dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological wastes, radioactive materials, heat, wrecked or discarded equipment, rock, sand, and industrial, municipal, and agricultural waste discharged into water.

Pollutant Minimization Program: is a structured set of activities to improve processes and pollutant controls that will prevent and reduce pollutant loadings.

Pollution: The presence in the environment of conditions and/or pollutants in quantities of characteristics that are or may be injurious to human, plant or animal life or to property or that unreasonable interfere with the comfortable enjoyment of life and property throughout such areas of the reservation as shall be affected thereby.

Potable Water: water that is safe for human consumption.

Primary Contact Recreation: the recreational use of a stream, river, lake, or impoundment involving prolonged contact and the risk of incidental ingestion of water in quantities sufficient to pose a health hazard; including but not limited to swimming, skin diving and water skiing.

Reach: a discrete section or sample population of a water body.

Regulations: the water quality standards and regulations promulgated here by the Tribe.

Secondary Contact Recreation: recreational uses such as boating and fishing that involve minor contact with water.

States: the fifty (50) states, the District of Columbia, Guam, the Commonwealth of Puerto Rico, Virgin Islands, American Samoa, the Trust Territory of the Pacific Islands, and the Commonwealth of the Northern Mariana Islands.

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

Territory: all lands within the boundaries of the 1796 Treaty and all other lands over which the tribe has jurisdiction.

Toxic: the effect of substances upon exposure (ingestion, inhalation, or assimilation) either directly from the environment or through the food chains, that will, on the basis of information available to the Environment Division, cause death, disease, behavioral abnormalities, cancer, genetic mutations, physiological malfunctions, including in reproduction, or physical deformation, in such organisms or their offspring.

Tribe: the Saint Regis Mohawk Tribe.

Tribal Surface Water: all water above the surface of the ground situated wholly or partly within or bordering upon the exterior boundaries of the Territory, including but not limited to lakes, ponds, artificial impoundments, streams, stream reaches, rivers, springs, seeps, and wetlands.

Turbidity: the extent to which light penetration in water is inhibited by the presence of suspended solids, expressed in nephelometric turbidity units (NTU) and measured with a properly calibrated instrument.

Use Attainability Analysis: a structured scientific assessment of the factors affecting the attainment of the various water uses, including but not limited to physical, chemical, biological, and economic factors such as those referred to in 40 C.F.R. §131.10(g).

Warm Water Fishery: a Tribal Surface Water which the water temperature and other characteristics are suitable for the support of warm water fish.

Waste Treatment: the activities and technological controls required to ensure that discharges of waste do not impair existing Tribal Water Quality Standards.

Water Quality Standards: the provisions of tribal law designating uses for the Tribal Surface Waters and specifying water quality criteria for such water based upon such 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 water on the Territory, and serve the purposes of the Clean Water Act.

Water Quality Standards Variance (WQS variance): is a time-limited designated use and criterion for a specific pollutant(s) or water quality parameter(s) that reflect the highest attainable condition during the term of the WQS variance.

Wildlife: any form of animal life living wild on the Territories, including but not limited to all wild mammals, birds, reptiles, and amphibians and their eggs, offspring and spawn.

Zone of Passage: the portion of the receiving water outside the mixing zone.

Section III. Antidegradation Policy And Implementation Procedures, Mixing Zones, And Allowance For Compliance Schedules

A. Antidegradation Policy:

This antidegradation standard shall be applicable to any action or activity by any source, point or nonpoint, of pollutants that is anticipated to result in an increased loading of pollutants to Tribal surface waters. Pursuant to this standard:

1. Existing instream water uses, as defined herein, and the level of water quality necessary to protect existing uses shall be maintained and protected. Where designated uses of the water body are impaired, there shall be no lowering of the water quality with respect to the pollutant or pollutants which are causing the impairment;

2. Where, for any parameter, the quality of the waters exceed levels necessary to support the protection and propagation of fish, shellfish, and wildlife and recreation in and on the waters, that water shall be considered high quality for that parameter consistent with the definition of high quality water found at Section B.1.B of this antidegradation standard and that quality shall be maintained and protected unless the Tribe finds, after full satisfaction of Tribe's intergovernmental coordination and public participation provisions of the Tribe's continuing planning process, that allowing lower water quality is necessary to accommodate important economic or social development in the area in which the waters are located. In allowing such degradation, the Tribe shall assure water quality adequate to fully protect existing uses. Further, the Tribe 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. The Tribe shall utilize the Antidegradation Implementation Procedures set forth below in determining if any lowering of water quality will be allowed;

i The Tribe identifies waters for the protections described in paragraph (A)(2) of this section on a parameter-by-parameter basis.

ii Before allowing any lowering of high water quality, pursuant to paragraph (A)(2) of this section, the Tribe shall find, after 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 of alternatives identifies one or more practicable alternatives, the Tribe shall only find that a lowering is necessary if one such alternative is selected for implementation.

3. Where high quality waters constitute an outstanding national or tribal resource, such as waters of national and State parks and wildlife refuges and waters of exceptional recreational, religious or ecological significance, that water quality shall be maintained and protected; and

4. In those cases where the potential lowering of water quality is associated with a thermal discharge, the decision to allow such degradation shall be consistent with Section 316 of the Clean Water Act (CWA).

(b) As described in Section B. below, the Tribe has developed methods for implementing the antidegradation policy that are, at a minimum, consistent with the Tribe's policy and with paragraph (A) of this section. The Tribe shall provide an opportunity for public involvement during the development and any subsequent revisions of the implementation methods, and shall make the methods available to the public.

B. Antidegradation Implementation Procedures:

1. Definitions.

a. Control Document. Any authorization issued by a State, Tribal or Federal agency to any source of pollutants to waters under its jurisdiction that specifies conditions under which the source is allowed to operate.

b. High quality waters. High quality waters are water bodies in which, on a parameter by parameter basis, the quality of the waters exceeds levels necessary to support propagation of fish, shellfish, and wildlife and recreation in and on the water.

c. Outstanding Resource Waters. Those waters designated as such by the Tribe. The Waters that may be considered for designation as Outstanding Resource Waters include, but are not limited to, water bodies that are recognized as:

(i) Important because of protection through official action, such as Tribal, Federal or State law, Presidential or secretarial action, international treaty, or interstate compact;

(ii) Having exceptional recreational significance;

(iii) Having exceptional ecological significance;

(iv) Having other special environmental, recreational, religious or ecological attributes; or waters whose designation as Outstanding Resource Waters is reasonably necessary for the protection of other waters so designated.

d. Significant Lowering of Water Quality. A significant lowering of water quality occurs when there is a new or increased loading of any Persistent Bioaccumulative Toxics (PBT) from any regulated existing or new facility, either point source or nonpoint source for which there is a control document or reviewable action, as a result of any activity including, but not limited to:

(i) Construction of a new regulated facility or modification of an existing regulated facility such that a new or modified control document is required;

(ii) Modification of an existing regulated facility operating under a current control document such that the production capacity of the facility is increased;

(iii) Addition of a new source of untreated or pretreated effluent containing or expected to contain any PBT to an existing wastewater treatment works, whether public or private;

(iv) A request for an increased limit in an applicable control document;

(v) Other deliberate activities that, based on the information available, could be reasonably expected to result in an increased loading of any pollutant to Tribal surface waters.

2. Notwithstanding the above, changes in loadings of any Persistent Bioaccumulative Toxic within the existing capacity and processes, and that are covered by the existing applicable control document, are not subject to an antidegradation review. These changes include, but are not limited to:

a. Normal operational variability;

b. Changes in intake water pollutants;

c. Increasing the production hours of the facility, (e.g., adding a second shift); or

d. Increasing the rate of production.

3. Also, excluded from an antidegradation review are new effluent limits based on improved monitoring data or new water quality criteria or values that are not a result of changes in pollutant loading.

4. For all waters, the Environment Division shall ensure that the level of water quality necessary to protect existing uses is maintained. In order to achieve this requirement, water quality standards use designations must include all existing uses. Controls shall be established as necessary on point and nonpoint sources of pollutants to ensure that the criteria applicable to the designated use are achieved in the water and that any designated use of a downstream water is protected. Where water quality does not support the designated uses of a water body or ambient pollutant concentrations exceed water quality criteria applicable to that water body, the Environment Division shall not allow a lowering of water quality for the pollutant or pollutants preventing the attainment of such uses or exceeding such criteria.

5. For Outstanding Resource Waters:

a. The Environment Division shall ensure, through the application of appropriate controls on pollutant sources, that water quality is maintained and protected.

b. Exception. A short-term, temporary (i.e., weeks or months) lowering of water quality may be permitted by the Environment Division (or US EPA where SRMT is the permittee).

c. For Natural State, high quality waters, the Environment Division shall ensure that no action resulting in a lowering of water quality occurs unless an antidegradation demonstration has been completed pursuant to Section C and the information thus provided is determined by the Environment Division pursuant to Section B of this Antidegradation Standard to adequately support the lowering of water quality.

6. The Environment Division or EPA shall establish conditions in the control document applicable to the regulated facility that prohibit the regulated facility from undertaking any deliberate action, such that there would be an increase in the rate of mass loading of any pollutant, unless an antidegradation demonstration is provided to the Environment Division and approved pursuant to Section D prior to commencement of the action. Imposition of limits due to improved monitoring data or new water quality criteria or values, or changes in loadings of any pollutant within the existing capacity and processes, and that are covered by the existing applicable control document, are not subject to an antidegradation review.

7. For PBTs known or believed to be present in a discharge, from a point or nonpoint source, a monitoring requirement shall be included in the control document. The control document shall also include a provision requiring the source to notify the Environment Division of any increased loadings. Upon notification, the Environment Division shall require actions as necessary to reduce or eliminate the increased loading.

8. Fact Sheets prepared for public review and comment shall reflect any conditions developed under this Antidegradation Standard and included in a permit.

9. Exemptions. Except as the Environment Division may determine on a case- by-case basis that the application of these procedures is required to adequately protect water quality, or as the affected water body is an Outstanding Resource Water as defined in Section B of this Antidegradation Standard, the procedures in this part do not apply to:

a. Short-term, temporary (i.e., weeks or months) lowering of water quality;

b. Bypasses that are not prohibited at 40 CFR 122.41(m); and

c. Response actions pursuant to the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), as amended, or similar Federal, State or Tribal authorities, undertaken to alleviate a release into the environment of hazardous substances or pollutants which may pose an imminent and substantial danger to public health or welfare.

C. Antidegradation Demonstration:

Any entity seeking to lower water quality in a High Quality Water must first, as required by Section B of this Antidegradation Standard, submit an antidegradation demonstration for consideration by the Environment Division. The antidegradation demonstration shall include the following:

1. Pollution Prevention Alternatives Analysis. Identify any cost-effective pollution prevention alternatives and techniques that are available to the entity, that would eliminate or significantly reduce the extent to which the increased loading results in a lowering of water quality.

2. Alternative or Enhanced Treatment Analysis. Identify alternative or enhanced treatment techniques that are available to the entity that would eliminate the lowering of water quality and their costs relative to the cost of treatment necessary to achieve applicable effluent limitations.

3. Important Social or Economic Development Analysis. Identify the social or economic development and the benefits to the area in which the waters are located that will be foregone if the lowering of water quality is not allowed.

4. Special Provision for Remedial Actions. Entities proposing remedial actions pursuant to the CERCLA, as amended, corrective actions pursuant to the Resource Conservation and Recovery Act, as amended, or similar actions pursuant to other Federal, State or Tribal environmental statutes may submit information to the Environment Division that demonstrates that the action utilizes the most cost effective pollution prevention and treatment techniques available, and minimizes the necessary lowering of water quality, in lieu of the information required by Section B of this Antidegradation Standard.

D. Antidegradation Decision:

Once the Environment Division determines that the information provided by the entity proposing to increase loadings is administratively complete, the Environment Division shall use that information to determine whether or not the lowering of water quality is necessary, and, if it is necessary, whether or not the lowering of water quality will support important social and economic development in the area. If the proposed lowering of water quality is either not necessary, or will not support important social and economic development, the Environment Division shall deny the request to lower water quality. If the lowering of water quality is necessary, and will support important social and economic development, the Environment Division may allow all or part of the proposed lowering to occur as necessary to accommodate important social and economic development.

E. Mixing Zones:

1. Where effluent is discharged into surface waters, a continuous zone shall be maintained in which the water is of adequate quality to allow the migration of aquatic life with no significant effect on their population. The cross-sectional zone area of wastewater mixing zones shall generally be less than 1/4 of the cross-sectional area or flow volume of the receiving river, stream or lake. Unmixed zones containing permitted effluent shall not be at locations of recreational or ceremonial use. (See Section V, below.) Water quality standards shall be maintained throughout Zones of Passage. Zones of passage in intermittent streams may be designated on a site specific basis. The water quality in a Zone of Passage shall not fall below standards for the designated water body(ies) within which the zone is contained.

2. Mixing zones will not be granted for discharges to outstanding resource water, wetlands, or ephemeral or intermittent streams.

3. Mixing zones will not be granted for Persistent Bioaccumulative Toxics (PBT) consistent with the requirements of 40 CFR Part 132. See appendix 1. Waste Load Applications (WLAs) in the absence of TMDLs, and WLAs for the purposes of determining the need for water quality based effluent limits (WQBELs) for new discharges of PBTs shall be set equal to the most stringent applicable criteria or values for the PBTs in question.

4. Mixing zones shall not be used for, or considered as, a substitute for waste treatment.

F. Allowance for Compliance Schedules

NPDES permits, and other orders and directives of the Division issued under Tribal Council, for existing discharges or activities may include a schedule for achieving compliance with water quality criteria contained herein, consistent with the requirements of 40 CFR Parts 131.15 and 132. These compliance schedules shall be developed to ensure compliance with the water quality standards set forth in the shortest practicable time period, not to exceed five years. Decisions regarding whether to issue compliance schedules will be done on a case-by-case basis by the Tribal Council and approved by the Division, or the EPA where appropriate. These schedules will not be issued for new discharges or activities.

G. Water Quality Standards Variances

It is the SRMT's policy that a water quality standards variance is only appropriate when a designated use is not attainable in the short-term but might be attainable in the long-term. The SRMT may consider a temporary modification to a designated use and associated water quality criteria that would otherwise apply.

(a) Applicability: A variance from any WQS that is the basis of a water quality-based effluent limitation included in a Permit is based on the following:

(1) A variance from WQS applies only to the permittee requesting the WQS variance, the water body/waterbody segment(s) specified in the WQS variance and only to the pollutant or pollutants specified in the WQS variance.

(2) A WQS variance does not affect, or require the SRMT to modify, in its standards, the underlying designated use and criterion address by the WQS variance, unless the SRMT adopts and EPA approves a revision to the underlying designated use and criterion consistent with §131.10 and §131.11. All other applicable standards not specifically addressed by the WQS variance remain applicable.

(3) A variance does not affect, or require SRMT to modify, the corresponding water quality standard for the waterbody as a whole.

(4) A WQS variance, once adopted by the SRMT and approved by EPA, shall be the applicable standard for purposes of the CWA under 40 CFR 131.21(d)-(e), for the following limited purposes. An approved WQS variance applies for the purposes of developing permit limits and requirements under 301(b)(1)(C), where appropriate, consistent with paragraph (a)(1) of this section. The SRMT and other certifying entities may also use an approved WQS variance when issuing certifications under section 401 of the CWA.

(5) A variance from a water quality standard shall not be granted that would likely jeopardize the continued existence of any endangered or threatened species listed under Section 4 of the Federal Endangered Species Act (ESA) Act or result in the destruction or adverse modification of such species' critical habitat.

(6) A variance from WQS shall not be granted if standards will be attained by implementing effluent limits required under sections 301(b) and 306 of the CWA and by the permittee implementing cost-effective and reasonable best management practices for nonpoint source control.

(b) The maximum timeframe: A variance from the WQS shall not exceed five (5) years or the term of the permit, whichever is less. The SRMT will review, and modify as necessary, variances from WQS as part of each water quality standards review pursuant to section 303(c) of the CWA.

(c) Conditions to grant: A variance from the WQS may be granted if, and only if:

(1) The permittee demonstrates to the SRMT that attaining the WQS is not feasible because:

(A) Naturally occurring pollutant concentrations prevent the attainment of the WQS;

(B) Natural, ephemeral, intermittent or low flow conditions or water levels prevent the attainment of the WQS, unless these conditions may be compensated for by the discharge of sufficient volume of effluent to enable WQS to be met without violating the SRMT's water conservation requirements;

(C) Human-caused conditions or sources of pollution prevent the attainment of the WQS and cannot be remedied, or would cause more environmental damage to correct than to leave in place;

(D) Dams, diversions or other types of hydrologic modifications preclude the attainment of the WQS, and it is not feasible to restore the waterbody to its original condition or to operate such modification in a way that would result in the attainment of the WQS;

(E) Physical conditions related to the natural features of the waterbody, such as the lack of a proper substrate cover, flow, depth, pools, riffles, and the like, unrelated to chemical water quality, preclude attainment of WQS; or

(F) Controls more stringent than those required by sections 301(b) and 306 of the CWA would result in substantial and widespread economic and social impact.

(2) The permittee shall also:

(A) Show that the WQS variance requested conforms to the requirements of the antidegradation procedures in Section III.A; and

(B) Characterize the extent of any increased risk to human health and the environment associated with granting the WQS variance compared with compliance with WQS absent the variance, such that the SRMT is able to conclude that any such increased risk is consistent with the protection of the public health, safety and welfare.

(d) Requirements for Submission of Application to the SRMT:

(1) An application for a WQS variance must include:

(A) Identification of the pollutant(s) or water quality parameter(s), and the water body/waterbody segment(s) to which the WQS variance applies. Discharger(s)-specific WQS variances must also identify the permittee(s) subject to the WQS variance.

(B) The requirements that apply throughout the term of the WQS variance. The requirements shall represent the highest attainable condition of the water body or waterbody segment applicable throughout the term of the WQS variance based on the documentation required in (d)(2) of this section. The requirements shall not result in any lowering of the currently attained ambient water quality, unless a WQS variance is necessary for restoration activities, consistent with paragraph (d)(2)(A)(i)(b) of this section. DPNR must specify the highest attainable condition of the water body or waterbody segment as a quantifiable expression that is one of the following:

(i) For discharger(s)-specific WQS variances:

(a) The highest attainable interim criterion, or

(b) The interim effluent condition that reflects the greatest pollutant reduction achievable, or

(c) If no additional feasible pollutant control technology can be identified, the interim criterion or interim effluent condition that reflects the greatest pollutant reduction achievable with the pollutant control technologies installed at the time the Territory adopts the WQS variance, and the adoption and implementation of a Pollutant Minimization Program.

(ii) For WQS variances applicable to a water body or waterbody segment:

(a) The highest attainable interim use and interim criterion, or

(b) If no additional feasible pollutant control technology can be identified, the interim use and interim criterion that reflects the greatest pollutant reduction achievable with the pollutant control technologies installed at the time the Territory adopts the WQS variance, and the adoption and implementation of a Pollutant Minimization Program.

(C) A statement providing that the requirements of the WQS variance are either the highest attainable condition identified at the time of the adoption of the WQS variance.

(D) The term of the WQS variance, expressed as an interval of time from the date of the SRMT approval or a specific date. The term of the WQS variance must only be as long as necessary to achieve the highest attainable condition and consistent with the demonstration provided in paragraph (d)(2) of this section. The SRMT may adopt a subsequent WQS variance consistent with this section.

(2) The supporting documentation must include:

(A) Documentation demonstrating the need for a WQS variance.

(i) For a WQS variance to a use specified in section 101(a)(2) of the CWA or a sub-category of such a use, the SRMT must demonstrate that attaining the designated use and criterion is not feasible throughout the term of the WQS variance because:

(a) All relevant information demonstrating that attaining the WQS is not feasible based on one or more of the conditions in §186-14 (c)(1) herein; or

(b) Actions necessary to facilitate lake, wetland, or stream restoration through dam removal or other significant reconfiguration activities preclude attainment of the designated use and criterion while the actions are being implemented.

(ii) For a WQS variance to a non-101(a)(2) use, the SRMT must submit documentation justifying how its consideration of the use and value of the water for those uses listed in § 131.10(a) appropriately supports the WQS variance and term. A demonstration consistent with (d)(2)(A)(i) of this section may be used to satisfy this requirement.

(B) Documentation demonstrating that the term of the WQS variance is only as long as necessary to achieve the highest attainable condition. Such documentation must justify the term of the WQS variance by describing the pollutant control activities to achieve the highest attainable condition, including those activities identified through a Pollutant Minimization Program, which serve as milestones for the WQS variance.

(C) In addition to (A) and (B) of this section, for a WQS variance that applies to a water body or waterbody segment:

(i) Identification and documentation of any cost-effective and reasonable best management practices for nonpoint source controls related to the pollutant(s) or water quality parameter(s) and water body or waterbody segment(s) specified in the WQS variance that could be implemented to make progress towards attaining the underlying designated use and criterion. DPNR must provide public notice and comment for any such documentation.

(ii) Any subsequent WQS variance for a water body or waterbody segment must include documentation of whether and to what extent best management practices for nonpoint source controls were implemented to address the pollutant(s) or water quality parameter(s) subject to the WQS variance and the water quality progress achieved.

(D) All relevant information demonstrating compliance with the conditions in (c)(2) herein.

(e) Implementing WQS variances in NPDES permits: A WQS variance serves as the applicable water quality standard for implementing permitting requirements pursuant to 40 CFR § 122.44(d) for the term of the WQS variance. Any limitations and requirements necessary to implement the WQS variance shall be included as enforceable conditions of the permit for the permittee(s) subject to the WQS variance.

(f) Public notice of preliminary decision: Upon receipt of a complete application for a variance from the WQS, and upon making a preliminary decision regarding the WQS variance, the SRMT shall public notice the request and preliminary decision for public comment. This public notice will be satisfied by including the supporting information for the variance from the WQS and the preliminary decision in the public notice of a draft TPDES permit.

(g) Final decision: The SRMT will issue a final decision on a WQS variance request within 90 days of the expiration of the public comment period required in accordance with the permit. If the SRMT approves all or part of the variance from the WQS, the decision shall include all permit conditions needed to implement those parts of the WQS variance as approved. Such permit conditions shall, at a minimum, require:

(1) Compliance with an initial effluent limitation which, at the time the variance from the WQS is granted, represents the level currently achievable by the permittee, and which is no less stringent than that achieved under the previous permit;

(2) Achieving reasonable progress toward attaining the water quality standards for the waterbody as a whole through appropriate conditions;

(3) When the duration of a variance from the WQS is shorter than the duration of a permit, compliance with an effluent limitation sufficient to meet the underlying water quality standard, upon the expiration of said WQS variance; and

(4) A provision that allows the SRMT to reopen and modify or revoke any condition granted in a WQS variance due to the permittee not providing relevant information that reasonable would affect the decision process.

(h) Incorporating the WQS variance: The SRMT will establish and incorporate into the permittee's permit all conditions needed to implement the variance from the WQS as determined in (g) herein.

(i) Renewal of WQS variance: A WQS variance may be renewed, subject to the requirements of (a) through (h) herein. As part of any renewal application, the permittee shall again demonstrate that attaining the WQS is not feasible based on the requirements of (c). The permittee's application shall also contain information concerning its compliance with the conditions incorporated into its permit as part of the original variance from the WQS pursuant to (g) through (h) herein. Renewal of a WQS variance may be denied if the permittee did not comply with the conditions of the original WQS variance.

(j) EPA Approval: The SRMT shall submit all variances from the WQS and supporting information to EPA Region 2 for approval. The submittal shall include:

(1) Relevant permittee applications pursuant to (d),

(2) Public comments and records of any public hearings pursuant to (f),

(3) The final decision pursuant to (g) of this procedure, and

(4) Permits issued pursuant to (h) of this procedure.

Section IV. 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.

C. Toxic Substances:

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 (Section IV, subsection 2), 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;

c. Maintaining substrate characteristics necessary to support existing and designated uses.

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.

Section V. Water Body Classifications And Standards Specific To Uses

A. Water Body Classifications by Environmental Conditions

1. Class N, Natural State

The designated uses of Class N waters include: the enjoyment of water in its natural condition and, where compatible, as a source of water for drinking or culinary purposes, bathing, fishing, fish, shellfish, and wildlife propagation and survival, primary and secondary contact recreation, and ceremonial use.

There shall be no discharge of sewage, industrial wastes, or other wastes, waste effluents or any sewage effluents not having had filtration resulting from at least 200 feet of lateral travel through unconsolidated earth. A greater distance may be required if inspection shows that, due to peculiar geologic conditions, this distance is inadequate to protect the water from pollution. These waters shall contain no deleterious substances, hydrocarbons or substances that would contribute to eutrophication, nor shall they receive surface runoff containing any such substance.

2. Class AA-Special

The designated uses of Class AA-S waters include: a source of water supply for drinking, culinary or food processing purposes, primary and secondary contact recreation, fishing, and ceremonial use, and fish, shellfish, and wildlife propagation and survival.

These waters shall contain no floating solids, settleable solids, oil, sludge deposits, toxic wastes, deleterious substances, colored or other wastes or heated liquids attributable to sewage, industrial wastes or other wastes. There shall be no discharge or disposal of sewage, industrial wastes or other wastes into these waters.

3. Class A-Special

The designated uses of Class A-S waters include: a source of water supply for drinking, culinary or food processing purposes, primary and secondary contact recreation, fishing, ceremonial use, and fish, shellfish, and wildlife propagation and survival.

This classification may be given to those international boundary waters that, if subjected to approved treatment, equal to coagulation, sedimentation, filtration and disinfection with additional treatment, if necessary, to reduce naturally present impurities, meet or will meet EPA drinking water standards and are or will be considered safe and satisfactory for drinking water purposes.

4. Class AA

The designated uses of Class AA waters include: a source of water supply for drinking, culinary or food processing purposes, primary and secondary contact recreation, fishing, ceremonial use, and fish, shellfish, and wildlife propagation and survival.

This classification may be given to those waters that, if subjected to approved disinfection treatment, with additional treatment if necessary, to remove naturally present impurities, meet or will meet EPA-drinking water standards and are or will be considered safe and satisfactory for drinking water purposes.

5. Class A

The designated uses for Class A waters include: source of water supply for drinking, culinary or food processing purposes, primary and secondary contact recreation, fishing, ceremonial use and fish, shellfish and wildlife propagation and survival.

This classification may be given to those waters that, if subjected to approved treatment equal to coagulation, sedimentation, filtration and disinfection, with additional treatment if necessary, to reduce naturally present impurities, meet or will meet US Environmental Protection Agency drinking water standards and are or will be considered safe and satisfactory for drinking water purposes.

6. Class B

The designated uses for Class B waters include: primary and secondary contact recreation, ceremonial use, fish, shellfish and wildlife propagation and survival, and fishing.

7. Class C

The designated uses for Class C waters include: primary and secondary contact recreation, ceremonial use, and fish, shellfish and wildlife propagation and survival, and fishing.

However, due to such natural conditions as intermittency of flow, water conditions not conducive to propagation of game fishery, or stream bed conditions, the waters may not support fish propagation, primary and secondary contact recreation or ceremonial uses.

B. Designated Fisheries

1. Cold Water Fishery. A cold water fishery is a water body where water temperature and other characteristics provide for propagation and survival of cold water fish (e.g. family Salmonidae).

2. Warm Water Fishery: A warm water fishery is a water body where water temperature and other characteristics provide for propagation and survival and propagation of warm water fish (e.g. families Centrachidae, Esocidae and others).

C. Groundwater

1. Class GA

The designated use of Class GA waters is as a source of potable water supply. Class GA waters are fresh ground waters.

2. Class GSA

The designated uses include: a source of potable mineral waters, or conversion to fresh potable waters, or as raw material for the manufacture of sodium chloride or its derivatives or similar products. Class GSA waters are saline ground waters.

In addition to the classes specified above please see Table 1 below for addition information on Designated Uses.

Section VI. Designated Uses

A. Primary Contact Recreation and Ceremonial Use.

Primary contact recreation and ceremonial use means the use of a stream, river, or impoundment involving the following: prolonged contact and the risk of ingesting water in quantities sufficient to pose a health hazard (including but not limited to swimming, skin diving and water skiing) or religious, cultural, and traditional activities of the members of the Saint Regis Mohawk Tribe and Mohawk Council of Akwesasne, or citizens of the Mohawk Nation Council of Chiefs (including but not limited to collection of medicinal plants and collection of water for ceremonial use).

Standards specific to the use are as follows:

1. The open water shall be free from algae in concentrations causing nuisance conditions, or gastrointestinal illness or skin disorders.

2. E. coli. Levels shall not exceed a 30-day geometric mean of 126 per 100 ml, nor shall more than 10 percent of the samples collected in the same 30 days exceed 410 CFU/100 ml.

Table 1. Designated Uses

The Designated Uses described herein shall not be used to limit any treaty right of the Saint Regis Mohawks or Mohawk Nation Council of Chiefs.

Below is a list of Designated Uses for the three major rivers within the boundaries of the Saint Regis Indian Reservation and are presented here to give examples of current Tribal uses specific to each water body. The water bodies are classified as follows: St Lawrence River, Class A-S; Raquette River, Class B; and St. Regis River, Class B. This is not intended to be exhaustive list of uses for these water bodies.

* It is estimated that during times of peak flow the Raquette River mixes with the St Lawrence at the point of intake for the SRMT drinking water treatment plant and provides a maximum contribution of approximately 15% to the SRMT drinking water intake. Under normal flow conditions it is estimated that this contribution is reduced to between 0% and 2% of daily intake.

** Subsistence fish consumption has been an ongoing practice; however, the current WQ does not does not support this use for all individuals. Women of child bearing age and children are advised to restrict consumption to certain species and reduced quantities (fewer than 8, 4 oz. portions per month). SRMT currently defines subsistence fishing as consuming locally caught fish at a daily average rate of 150g/dy or 40 portions per month.

Section VII. Sampling And Analysis

A. Sample Collection, Preservation, and Analysis

Sample collection, preservation, and analysis used to determine compliance with the water Quality Standards set forth in this document and maintain the standards set forth in the Water Quality Standards this document MUST meet the minimal requirements and consistency of procedures of any of the following:

1. Saint Regis Mohawk Tribe, Environment Division, Quality Assurance Management Plan;

2. American Public Health Association, Standard Methods for the Examination of Water and Wastewater; or

3. EPA Guidelines Establishing Test Procedures for the Analysis of Pollutants or Guidance for Assessing Chemical Pollutant Data for Use in Fish Advisories

B. Bacteriological Surveys

The levels of pathogens or pathogen indicator bacteria, in terms of monthly descriptive statistics verified by a peer review process, shall be used in assessing attainment of standards. Limited data sets of less than five samples (collected in a 30 day period) shall meet a stricter standard of acceptability (e.g. 95% confidence limit).

C. Sampling Procedures

Sample procedures shall comply with SRMT standards for data quality. Contact the Environment Division for information on Data Quality Objectives, Quality Assurance Project Plans, and Data Quality Management.