Chapter 10.08
WATER QUALITY STANDARDS FOR SURFACE WATERS
Sections:
10.08.030 General considerations.
10.08.040 General water use and criteria classes.
10.08.060 Radioactive substances.
10.08.070 General classifications.
10.08.100 Short-term modifications.
10.08.110 Specific classifications – Freshwater.
10.08.120 Specific classifications – Marine water.
10.08.130 Achievement considerations.
Prior legislation: Res. 090792E.
10.08.010 Introduction.
(a) The purpose of this chapter is to establish water quality standards for surface waters of the Puyallup Tribe consistent with public health and public enjoyment thereof, protection of treaty rights, and the propagation and protection of fish, shellfish, and wildlife.
(b) The water use and quality criteria set forth in PTC 10.08.030 through 10.08.120 are established in conformance with present and potential water uses of the surface waters of the Puyallup Tribe and in consideration of the natural water quality potential and limitations of the same.
10.08.020 Definitions.
(a) “Acute conditions” means changes in the physical, chemical, or biologic environment which are expected or demonstrated to result in injury or death to an organism as a result of short-term exposure to the substance or detrimental environmental condition.
(b) “AKART” is an acronym for “all known, available, and reasonable methods of prevention, control, and treatment.” AKART shall represent the most current methodology that can reasonably be required for preventing, controlling, or abating the pollutants associated with a discharge. The concept of AKART applies both to point and nonpoint sources of pollution. The term “best management practices,” typically applied to nonpoint source pollution control, is considered a subset of the AKART requirement. The Stormwater Management Manual for the Puget Sound Basin (1992) may be used as a guideline, to the extent appropriate, for developing best management practices to apply AKART for stormwater discharges.
(c) “Background conditions” means the biological, chemical, and physical conditions of a water body, outside the area of influence of the discharge under consideration. Background sampling location in an enforcement action would be upgradient or outside the area of influence of the discharge. If several discharges to any water body exist, and enforcement action is being taken for possible violations to the standards, background sampling would be undertaken immediately upgradient from each discharge. This chapter only establishes background conditions for purposes of measuring the biological, chemical, and physical conditions of water upgradient from the discharge under consideration. The establishment of background conditions under this chapter shall not infer that background conditions are acceptable or desirable. The Department may establish policies and programs to improve background conditions identified under this chapter. This chapter does not establish nor shall it be construed as a waiver of any rights of the Tribe to natural background conditions or treaty-based background conditions.
(d) “Best management practices (BMPs)” means physical, structural, and/or managerial practices approved by the Department that, when used singularly or in combination, prevent or reduce pollutant discharges.
(e) “Biological assessment” is an evaluation of the biological condition of a water body using surveys of aquatic community structure and function and other direct measurements of resident biota in surface waters.
(f) “Carcinogen” means any substance or agent that produces or tends to produce cancer in humans. For implementation of this chapter, the term “carcinogen” will apply to substances on the United States Environmental Protection Agency lists of A (known human) and B (probable human) carcinogens, and any substance which causes a significant increased incidence of benign or malignant tumors in a single, well-conducted animal bioassay, consistent with the weight of evidence approach specified in the Environmental Protection Agency’s Guidelines for Carcinogenic Risk Assessment as set forth in 51 Federal Register 33992, as presently published or as subsequently amended or republished.
(g) “Ceremonial and religious water use” means activities involving traditional Native American spiritual and cultural practices which involve primary (direct) and secondary contact with water.
(h) “Chronic conditions” are changes in the physical, chemical, or biologic environment which are expected or demonstrated to result in injury or death to an organism as a result of repeated or constant exposure over an extended period of time to a substance or environmental condition.
(i) “Critical condition” is when the physical, chemical, and biological characteristics of the receiving water environment interact with the effluent to produce the greatest potential adverse impact on aquatic biota and existing or characteristic water uses. For steady state discharges to riverine systems, the critical condition may be assumed to equal the 7Q10 flow event unless determined otherwise by the Department.
(j) “Damage to the ecosystem” means any demonstrated or predicted stress to aquatic or terrestrial organisms or communities of organisms which the Department reasonably concludes may interfere in the health or survival success or natural structure of such populations. This stress may be due to, but is not limited to, alteration in habitat or changes in water temperature, chemistry, or turbidity, and shall consider the potential build up of discharge constituents or temporal increases in habitat alteration which may create such stress in the long term.
(k) “Department” means the Puyallup Tribe Natural Resources Department.
(l) “Director” means the Director of the Puyallup Tribe Natural Resources Department.
(m) “Fecal coliform” means that portion of the coliform group which is present in the intestinal tracts and feces of warm-blooded animals as detected by the product of acid or gas from lactose in a suitable culture medium within 24 hours at 44.5 plus or minus 0.2 degrees Celsius.
(n) “Geometric mean” means either the nth root of a product of n factors, or the antilogarithm of the arithmetic mean of the logarithms of the individual sample values.
(o) “Hardness” means a measure of the calcium and magnesium salts present in water. For purposes of this chapter, hardness is measured in milligrams per liter and expressed as calcium carbonate (CaCO3).
(p) “Mean detention time” means the time obtained by dividing a reservoir’s mean annual minimum total storage by the 30-day 10-year low-flow from the reservoir.
(q) “Migration” or “translocation” means any natural movement of an organism or community of organisms from one locality to another locality.
(r) “Mixing zone” means that portion of a water body adjacent to an effluent outfall where mixing results in the dilution of the effluent with the receiving water. Water quality criteria may be exceeded in a mixing zone as conditioned and provided for in PTC 10.08.090.
(s) “Natural conditions” or “natural background levels” means surface water quality that was present before any human-caused pollution.
(t) “Nonpoint source” means pollution that enters any waters of the Puyallup Tribe from any dispersed land-based or water-based activities, including but not limited to atmospheric deposition, surface water runoff from agricultural lands, urban areas, or forest lands, subsurface or underground sources, or discharges from boats or marine vessels not otherwise regulated under the National Pollutant Discharge Elimination System program.
(u) “Permit” means a document specifying the waste treatment and control requirements and waste discharge conditions.
(v) “pH” means the negative logarithm of the hydrogen ion concentration.
(w) “Pollution” means such contamination, or other alteration of the physical, chemical or biologic properties, of any waters of the Puyallup Tribe, including change in temperature, taste, color, turbidity, or odor of the waters, or such discharge of any liquid, gaseous, solid, radioactive, or other substance into any waters of the Puyallup Tribe as will or is likely to create a nuisance or render such waters harmful, detrimental or injurious to public health or safety, or to domestic, commercial, industrial, agricultural, recreational, or other legitimate beneficial uses, or to livestock, wild animals, birds, fish or other aquatic life.
(x) “Primary contact recreation” means activities where a person would have direct contact with water to the point of complete submergence, including, but not limited to, skin diving, swimming, and water skiing.
(y) “Secondary contact recreation” means activities where a person’s water contact would be limited (wading or fishing) to the extent that bacterial infections of eyes, ears, respiratory or digestive systems, or urogenital areas would normally be avoided.
(z) “Stormwater” means that portion of precipitation that does not naturally percolate into the ground or evaporate, but flows via overland flows, interflow, pipes, and other features of a stormwater drainage system into a defined surface water body, or a constructed infiltration facility.
(aa) “Surface waters of the Puyallup Tribe” includes rivers, ponds, streams, inland waters, wetlands and all other surface waters and water courses on trust land within the 1873 Survey Area described in the Settlement Agreement of August 27, 1988, ratified by Congress in the Puyallup Land Claim Settlement Act, 25 U.S.C. Section 1773(b).
(bb) “Temperature” means water temperature expressed in degrees Celsius (°C).
(cc) “Treaty rights” means those rights protected by and incidental to use and enjoyment of the Medicine Creek Treaty between the Puyallup Tribe of Indians and the United States of America.
(dd) “Turbidity” means the clarity of water expressed as nephelometric turbidity units (NTU) and measured with a calibrated turbidimeter.
(ee) “Upwelling” means the annual natural phenomenon where the summer, prevailing, northerly winds parallel to Washington’s coast produce a seaward transport of surface waters. Cold, deeper, more saline waters rich in nutrients and low in dissolved oxygen rise to replace the surface water. The cold, oxygen-deficient water flows into Puget Sound and other coastal estuaries replacing the deep water with lower dissolved oxygen concentrations reaching the surface during late summer and fall.
(ff) “USEPA” means the United States Environmental Protection Agency.
(gg) “Wildlife habitat” means waters of the Puyallup Tribe used by, or that directly or indirectly provide food support to, fish, other aquatic life and wildlife for any life history stage or activity. [Amended during 2010 recodification]
10.08.030 General considerations.
The following general guidelines shall apply to the water quality criteria and classifications set forth in PTC 10.08.040 through 10.08.120:
(a) At the boundary between waters of different classifications, the water quality criteria for the higher classification shall prevail.
(b) In brackish waters of estuaries, where the fresh and marine water quality criteria differ within the same classification, the aquatic life criteria of this chapter apply as follows:
(1) For waters in which the volume-averaged salinity is equal to or less than one part per thousand 95 percent or more of the time during critical discharge conditions, the applicable criteria are the freshwater criteria.
(2) For waters in which the volume-averaged salinity is greater than 10 parts per thousand 95 percent of the time during critical discharge conditions, the applicable criteria are the marine water criteria.
(3) For waters in which the volume-averaged salinity is between one and 10 parts per thousand 95 percent of the time during critical discharge conditions, the applicable criteria are the more stringent of the freshwater or marine water criteria.
(c) In determining compliance with fecal coliform criteria in PTC 10.08.040, averaging of data collected beyond a 30-day period, or beyond a specific discharge event under investigation, shall not be permitted when such averaging would skew the data set so as to mask noncompliance periods.
(d) Waste discharge permits, whether issued pursuant to the National Pollutant Discharge Elimination System or otherwise, shall be conditioned in such manner as to authorize discharges which meet the water quality standards.
(1) However, persons discharging wastes in compliance with the terms and conditions of permits shall not be subject to civil and criminal penalties on the basis that the discharge violates water quality standards.
(2) Permits shall be subject to modification by the Department whenever it appears to the Department the discharge violates water quality standards. Modification of permits, as provided herein, shall be subject to review in the same manner as originally issued permits.
(e) Due consideration will be given to the precision and accuracy of the sampling and analytical methods used as well as existing conditions at the time, in the application of the criteria.
(f) The analytical testing methods for these criteria shall be in accordance with the Guidelines Establishing Test Procedures for the Analysis of Pollutants, 40 C.F.R. Part 136, and other or superseding methods published and/or approved by the Department and with the concurrence of the USEPA.
(g) Nothing in this chapter shall be interpreted to prohibit the establishment of effluent limitations for the control of the thermal component of any discharge in accordance with Section 316 of the federal Clean Water Act, 33 U.S.C. Section 1326.
10.08.040 General water use and criteria classes.
The following criteria shall apply to the various classes of surface waters of the Puyallup Tribe:
(a) Class AA (Extraordinary).
(1) General Characteristic. Water quality of this class shall markedly and uniformly exceed the requirements for all or substantially all uses.
(2) Characteristic Uses. Characteristic uses shall include, but not be limited to, the following:
(A) Water supply (domestic, industrial, agricultural).
(B) Stock watering.
(C) Fish and Shellfish. Salmonid migration, rearing, spawning, and harvesting. Other fish migration, rearing, spawning, and harvesting. Clam, oyster, and mussel rearing, spawning, and harvesting. Crustaceans and other shellfish (crabs, shrimp, crayfish, scallops, etc.) rearing, spawning, and harvesting.
(D) Wildlife habitat.
(E) Ceremonial and religious water use.
(F) Recreation (primary contact recreation, sport fishing, boating, and aesthetic enjoyment).
(G) Commerce and navigation.
(3) Water Quality Criteria.
(A) Fecal Coliform Organisms.
(i) Freshwater: fecal coliform organism levels shall both not exceed a geometric mean value of 50 colonies/100 mL and not have more than 10 percent of the samples obtained for calculating the geometric mean value exceeding 100 colonies/100 mL.
(ii) Marine water: fecal coliform organism levels shall both not exceed a geometric mean value of 14 colonies/100 mL and not have more than 10 percent of the samples obtained for calculating the geometric mean value exceeding 43 organisms/100 mL.
(B) Dissolved Oxygen.
(i) Freshwater: dissolved oxygen shall exceed 9.5 mg/L.
(ii) Marine water: dissolved oxygen shall exceed 7.0 mg/L. When natural conditions, such as upwelling, occur, causing the dissolved oxygen to be depressed near or below 7.0 mg/L, natural dissolved oxygen levels can be degraded by up to 0.2 mg/L by human-caused activities.
(C) Total dissolved gas shall not exceed 110 percent of saturation at any point of sample collection.
(D) Temperature shall not exceed 16.0°C (freshwater) or 13.0°C (marine water) due to human activities. When natural conditions exceed 16.0°C (freshwater) and 13.0°C (marine water), no temperature increase will be allowed which will raise the receiving water temperature by greater than 0.3°C.
Incremental temperature increases resulting from point source activities shall not, at any time, exceed t=23/(T+5) (freshwater) or t=8/(T-4) (marine water). Incremental temperature increases resulting from nonpoint source activities shall not exceed 2.8°C.
For purposes hereof, “t” represents the maximum permissible temperature increase measured at a mixing zone boundary; and “T” represents the background temperature as measured at a point or points unaffected by the discharge and representative of the highest ambient water temperature in the vicinity of the discharge.
(E) pH shall be within the range of 6.5 to 8.5 (freshwater) or 7.0 to 8.5 (marine water) with a human-caused variation within a range of less than 0.2 units.
(F) Turbidity shall not exceed five NTU over background turbidity when the background turbidity is 50 NTU or less, or have more than a 10 percent increase in turbidity when the background turbidity is more than 50 NTU.
(G) Toxic, radioactive, or deleterious material concentrations shall be below those which have the potential either singularly or cumulatively to adversely affect characteristic water uses, cause acute or chronic conditions to the most sensitive biota dependent upon those waters, or adversely affect public health, as determined by the Department.
(H) Aesthetic values shall not be impaired by the presence of materials or their effects, excluding those of natural origin, which offend the senses of sight, smell, touch, or taste.
(b) Class A (Excellent).
(1) General Characteristic. Water quality of this class shall meet or exceed the requirements for all or substantially all uses.
(2) Characteristic Uses. Characteristic uses shall include, but not be limited to, the following:
(A) Water supply (domestic, industrial, agricultural).
(B) Stock watering.
(C) Fish and Shellfish. Salmonid migration, rearing, spawning, and harvesting. Other fish migration, rearing, spawning, and harvesting. Clam, oyster, and mussel rearing, spawning, and harvesting. Crustaceans and other shellfish (crabs, shrimp, crayfish, scallops, etc.) rearing, spawning, and harvesting.
(D) Wildlife habitat.
(E) Ceremonial and religious water use.
(F) Recreation (primary contact recreation, sport fishing, boating, and aesthetic enjoyment).
(G) Commerce and navigation.
(3) Water Quality Criteria.
(A) Fecal Coliform Organisms.
(i) Freshwater: fecal coliform organism levels shall both not exceed a geometric mean value of 100 colonies/100 mL and not have more than 10 percent of the samples obtained for calculating the geometric mean value exceeding 200 colonies/100 mL.
(ii) Marine water: fecal coliform organism levels shall both not exceed a geometric mean value of 14 colonies/100 mL and not have more than 10 percent of the samples obtained for calculating the geometric mean value exceeding 43 colonies/100 mL.
(B) Dissolved Oxygen.
(i) Freshwater: dissolved oxygen shall exceed 8.0 mg/L.
(ii) Marine water: dissolved oxygen shall exceed 6.0 mg/L. When natural conditions, such as upwelling, occur, causing the dissolved oxygen to be depressed near or below 6.0 mg/L, natural-dissolved oxygen levels can be degraded by up to 0.2 mg/L by human-caused activities.
(C) Total dissolved gas shall not exceed 110 percent of saturation at any point of sample collection.
(D) Temperature shall not exceed 18.0°C (freshwater) or 16.0°C (marine water) due to human activities. When natural conditions exceed 18.0°C (freshwater) and 16.0°C (marine water), no temperature increase will be allowed which will raise the receiving water temperature by greater than 0.3°C.
Incremental temperature increases resulting from point source activities shall not, at any time, exceed t=28/(T+7) (freshwater) or t=12/(T-2) (marine water). Incremental temperature increases resulting from nonpoint source activities shall not exceed 2.8°C.
For purposes hereof, “t” represents the maximum permissible temperature increase measured at a mixing zone boundary; and “T” represents the background temperature as measured at a point or points unaffected by the discharge and representative of the highest ambient water temperature in the vicinity of the discharge.
(E) pH shall be within the range of 6.5 to 8.5 (freshwater) or 7.0 to 8.5 (marine water) with a human-caused variation within a range of less than 0.5 units.
(F) Turbidity shall not exceed five NTU over background turbidity when the background turbidity is 50 NTU or less, or have more than a 10 percent increase in turbidity when the background turbidity is more than 50 NTU.
(G) Toxic, radioactive, or deleterious material concentrations shall be below those which have the potential either singularly or cumulatively to adversely affect characteristic water uses, cause acute or chronic conditions to the most sensitive biota dependent upon those waters, or adversely affect public health as determined by the Department.
(H) Aesthetic values shall not be impaired by the presence of materials or their effects, excluding those of natural origin, which offend the senses of sight, smell, touch, or taste.
(c) Class B (Good).
(1) General Characteristic. Water quality of this class shall meet or exceed the requirements for most uses.
(2) Characteristic Uses. Characteristic uses shall include, but not be limited to, the following:
(A) Water supply (industrial and agricultural).
(B) Stock watering.
(C) Fish and Shellfish. Salmonid migration, rearing, and harvesting. Other fish migration, rearing, spawning, and harvesting. Clam, oyster, and mussel rearing and spawning. Crustaceans and other shellfish (crabs, shrimp, crayfish, scallops, etc.) rearing, spawning, and harvesting.
(D) Wildlife habitat.
(E) Recreation (secondary contact recreation, sport fishing, boating, and aesthetic enjoyment).
(F) Commerce and navigation.
(3) Water Quality Criteria.
(A) Fecal Coliform Organisms.
(i) Freshwater: fecal coliform organism levels shall both not exceed a geometric mean value of 200 colonies/100 mL and not have more than 10 percent of the samples obtained for calculating the geometric mean value exceeding 400 colonies/100 mL.
(ii) Marine water: fecal coliform organism levels shall both not exceed a geometric mean value of 100 colonies/100 mL and not have more than 10 percent of the samples obtained for calculating the geometric mean value exceeding 200 colonies/100 mL.
(B) Dissolved Oxygen.
(i) Freshwater: dissolved oxygen shall exceed 6.5 mg/L.
(ii) Marine water: dissolved oxygen shall exceed 5.0 mg/L. When natural conditions, such as upwelling, occur, causing the dissolved oxygen to be depressed near or below 5.0 mg/L, natural dissolved oxygen levels can be degraded by up to 0.2 mg/L by human-caused activities.
(C) Total dissolved gas shall not exceed 110 percent of saturation at any point of sample collection.
(D) Temperature shall not exceed 21.0°C (freshwater) or 19.0°C (marine water) due to human activities. When natural conditions exceed 21.0°C (freshwater) and 19.0°C (marine water), no temperature increase will be allowed which will raise the receiving water temperature by greater than 0.3°C.
Incremental temperature increases resulting from point source activities shall not, at any time, exceed t=34/(T+9) (freshwater) or t=16/(T) (marine water). Incremental temperature increases resulting from nonpoint source activities shall not exceed 2.8°C.
For purposes hereof, “t” represents the maximum permissible temperature increase measured at a mixing zone boundary; and “T” represents the background temperature as measured at a point or points unaffected by the discharge and representative of the highest ambient water temperature in the vicinity of the discharge.
(E) pH shall be within the range of 6.5 to 8.5 (freshwater) and 7.0 to 8.5 (marine water) with a human-caused variation within a range of less than 0.5 units.
(F) Turbidity shall not exceed 10 NTU over background turbidity when the background turbidity is 50 NTU or less, or have more than a 20 percent increase in turbidity when the background turbidity is more than 50 NTU.
(G) Toxic, radioactive, or deleterious material concentrations shall be below those which have the potential either singularly or cumulatively to adversely affect characteristic water uses, cause acute or chronic conditions to the most sensitive biota dependent upon those waters, or adversely affect public health, as determined by the Department.
(H) Aesthetic values shall not be reduced by dissolved, suspended, floating, or submerged matter not attributed to natural causes, so as to affect water use or taint the flesh of edible species.
(d) Class C (Fair).
(1) General Characteristic. Water quality of this class shall meet or exceed the requirements of selected and essential uses.
(2) Characteristic Uses. Characteristic uses shall include, but not be limited to, the following:
(A) Water supply (industrial).
(B) Fish (salmonid and other fish migration).
(C) Recreation (secondary contact recreation, sport fishing, boating, and aesthetic enjoyment).
(D) Commerce and navigation.
(3) Water Quality Criteria – Marine Water.
(A) Fecal coliform organism levels shall not exceed a geometric mean value of 200 colonies/100 mL, and not have more than 10 percent of the samples obtained for calculating the geometric mean value exceeding 400 colonies/100 mL.
(B) Dissolved oxygen shall exceed 4.0 mg/L. When natural conditions, such as upwelling, occur, causing the dissolved oxygen to be depressed near or below 4.0 mg/L, natural dissolved oxygen levels can be degraded by up to 0.2 mg/L by human-caused activities.
(C) Temperature shall not exceed 22.0°C due to human activities. When natural conditions exceed 22.0°C, no temperature increase will be allowed which will raise the receiving water temperature by greater than 0.3°C.
Incremental temperature increases shall not, at any time, exceed t=20/(T+2).
For purposes hereof, “t” represents the maximum permissible temperature increase measured at a mixing zone boundary; and “T” represents the background temperature as measured at a point unaffected by the discharge and representative of the highest ambient water temperature in the vicinity of the discharge.
(D) pH shall be within the range of 6.5 to 9.0 with a human-caused variation within a range of less than 0.5 units.
(E) Turbidity shall not exceed 10 NTU over background turbidity when the background turbidity is 50 NTU or less, or have more than a 20 percent increase in turbidity when the background turbidity is more than 50 NTU.
(F) Toxic, radioactive, or deleterious material concentrations shall be below those which have the potential either singularly or cumulatively to adversely affect characteristic water uses, cause acute or chronic conditions to the most sensitive biota dependent upon those waters, or adversely affect public health, as determined by the Department.
(G) Aesthetic values shall not be interfered with by the presence of obnoxious wastes, slimes, aquatic growths, or materials which will taint the flesh of edible species.
(e) Lake Class.
(1) General Characteristic. Water quality of this class shall meet or exceed the requirements for all or substantially all uses.
(2) Characteristic Uses. Characteristic uses shall include, but not be limited to, the following:
(A) Water supply (domestic, industrial, agricultural).
(B) Stock watering.
(C) Fish and Shellfish. Salmonid migration, rearing, spawning, and harvesting. Other fish migration, rearing, spawning, and harvesting. Clam and mussel rearing, spawning, and harvesting. Crayfish rearing, spawning, and harvesting.
(D) Wildlife habitat.
(E) Recreation (primary contact recreation, sport fishing, boating, and aesthetic enjoyment).
(F) Commerce and navigation.
(3) Water Quality Criteria.
(A) Fecal coliform organism levels shall not exceed a geometric mean value of 50 colonies/100 mL, and not have more than 10 percent of the samples obtained for calculating the geometric mean value exceeding 100 colonies/100 mL.
(B) Dissolved oxygen: no measurable decrease from natural conditions.
(C) Total dissolved gas shall not exceed 110 percent of saturation at any point of sample collection.
(D) Temperature: no measurable change from natural conditions.
(E) pH: no measurable change from natural conditions.
(F) Turbidity shall not exceed five NTU over background conditions.
(G) Toxic, radioactive, or deleterious material concentrations shall be less than those which have the potential either singularly or cumulatively to adversely affect characteristic water uses, cause acute or chronic conditions to the most sensitive biota dependent upon those waters, or adversely affect public health, as determined by the Department.
(H) Aesthetic values shall not be impaired by the presence of materials or their effects, excluding those of natural origin, which offend the senses of sight, smell, touch, or taste.
10.08.050 Toxic substances.
(a) Toxic substances shall not be introduced above natural background levels in surface waters of the Puyallup Tribe which have the potential either singularly or cumulatively to adversely affect characteristic water uses, cause acute or chronic conditions to the most sensitive biota dependent upon those waters, or adversely affect public health, as determined by the Department.
(b) The Department shall employ or require chemical testing, acute and chronic toxicity testing, and biological assessments, as appropriate, to evaluate compliance with subsection (a) of this section and to ensure that aquatic communities and the existing and characteristic beneficial uses of waters are being fully protected.
(c) The following criteria shall be applied to all surface waters of the Puyallup Tribe for the protection of aquatic life. The Department may revise the following criteria, subject to approval by the Puyallup Tribal Council, as needed, to protect aquatic life occurring in surface waters of the Puyallup Tribe and to increase the technical accuracy of the criteria being applied. Rules may be adopted to change these criteria. Such rules shall be adopted in accordance with provisions of the Puyallup Tribe’s Administrative Procedure Act. Values are μg/L for all substances except ammonia and chloride which are mg/L:
|
Substance |
Freshwater |
Marine Water |
||
|
Acute |
Chronic |
Acute |
Chronic |
|
|
Aldrin/Dieldrin |
2.5a |
0.0019b |
0.71a |
0.0019b |
|
Ammonia (un-ionized NH3) hh |
f, c |
g, d |
0.233h, c |
0.035h, d |
|
Arsenic ff |
360.0c |
190.0d |
69.0c |
36.0d, cc |
|
Cadmium dd |
i, c |
j, d |
37.2c |
8.0d |
|
Chlordane |
2.4a |
0.0043b |
0.09a |
0.004b |
|
Chloride (dissolved) k |
860.0h, c |
230.0h, d |
– |
– |
|
Chlorine (total residual) |
19.0c |
11.0d |
13.0c |
7.5d |
|
Chloropyrifos |
0.083c |
0.041d |
0.011c |
0.0056d |
|
Chromium (Hex) |
16.0c, l |
11.0d |
1,100.0c, l |
50.0d |
|
Chromium (Tri) gg |
m, c |
n, d |
– |
– |
|
Copper dd |
o, c |
p, d |
2.5c |
– |
|
Cyanide ee |
22.0c |
5.2d |
1.0c |
– |
|
DDT (and metabolites) |
1.1a |
0.001b |
0.13a |
0.001b |
|
Dieldrin/Aldrin e |
2.5a |
0.0019b |
0.71a |
0.0019b |
|
Endosulfan |
0.22a |
0.056b |
0.034a |
0.0087b |
|
Endrin |
0.18a |
0.0023b |
0.037a |
0.0023b |
|
Heptachlor |
0.52a |
0.0038b |
0.053a |
0.0036b |
|
Hexachlorocyclohexane (Lindane) |
2.0a |
0.08b |
0.16a |
– |
|
Lead dd |
q, c |
r, d |
151.1c |
5.8d |
|
Mercury s, ff |
2.4c |
0.012d |
2.1c |
0.025d |
|
Nickel dd |
t, c |
u, d |
71.3c |
7.9d |
|
Parathion |
0.065c |
0.013d |
– |
– |
|
Pentachlorophenol (PCP) |
w, c |
v, d |
13.0c |
7.9d |
|
Polychlorinated Biphenyls (PCBs) |
2.0 |
0.014b |
10.0b |
0.03b |
|
Selenium ff |
20.0c |
5.0d |
300.0c |
71.0d, x |
|
Silver dd |
y, a |
– |
1.2a |
– |
|
Toxaphene |
0.73c, z |
0.0002d |
0.21c, z |
0.0002d |
|
Zinc dd |
aa, c |
bb, c |
84.6c |
76.6d |
Notes to Table:
a. An instantaneous concentration not to be exceeded at any time.
b. A 24-hour average not to be exceeded.
c. A one-hour average concentration not to be exceeded more than once every three years on the average.
d. A four-day average concentration not to be exceeded more than once every three years on the average.
e. Aldrin is metabolically converted to Dieldrin. Therefore, the sum of the Aldrin and Dieldrin concentrations are compared with the Dieldrin criteria.
f. Shall not exceed the numerical value given by:
|
0.52 |
|
(FT) (FPH) (2) |
where: FT = 10 [0.03(20-TCAP)]; TCAP ≤ T ≤ 30
FT = 10 [0.03(20-T)]; 0 ≤ T ≤ TCAP
FPH = 1; 8 ≤ pH ≤ 9
|
FPH = |
1+10 (7.4-pH) |
; 6.5 ≤ pH ≤ 8.0 |
|
1.25 |
TCAP = 20°C; Salmonids or other cold water species present.
TCAP = 25°C; Salmonids and other cold water species absent.
g. Shall not exceed the numerical value given by:
|
0.80 |
|
(FT) (FPH) (RATIO) |
where: RATIO = 16; 7.7 ≤ pH ≤ 9
|
RATIO = 24 x |
10 (7.7-pH) |
; 6.5 ≤ pH ≤ 7.71 |
|
1+10 (7.4-pH) |
where: FT and FPH are as shown in footnote (f) except:
TCAP = 15°C; Salmonids or other cold water species present.
TCAP = 20°C; Salmonids and other cold water species absent.
h. Measured in milligrams per liter rather than micrograms per liter.
i. ≤ (0.865) (e(1.128[ln(hardness)]-3.828))
j. ≤ (0.865) (e(0.7852[ln(hardness)]-3.490))
k. Criterion based on dissolved chloride in association with sodium. This criterion probably will not be adequately protective when the chloride is associated with potassium, calcium, or magnesium, rather than sodium.
l. Salinity-dependent effects. At low salinity the one-hour average may not be sufficiently protective.
m. ≤ e(0.8190[ln(hardness)]+3.688)
n. ≤ e(0.8190[ln(hardness)]+1.561)
o. ≤ (0.862) (e(0.9422[ln(hardness)]-1.464))
p. ≤ (0.862) (e(0.8545[ln(hardness)]-1.465))
q. ≤ (0.687) (e(1.273[ln(hardness)]-1.460))
r. ≤ (0.687) (e(1.273[ln(hardness)]-4.705))
s. If total mercury exceeds 0.012 μ/L for four days more than once in a three-year period in the ambient water, the edible portion of aquatic species of concern must be analyzed to determine whether the concentration of methyl mercury exceeds the U.S. Food and Drug Administration (“FDA”) action level (1.0 mg/kg). If the FDA action level is exceeded, the Department shall notify the EPA Regional Administrator, initiate a revision of its mercury criterion in its water quality standards so as to protect designated uses, and take other appropriate action such as issuance of a fish consumption advisory for the affected area.
t. ≤ (0.95) (e(0.8460[ln(hardness)]+3.3612))
u. ≤ (0.95) (e(0.8460[ln(hardness)]+1.1645))
v. ≤ e(1.005(pH)-5.290)
w. ≤ e(1.005(pH)-4.830)
x. The status of the fish community should be monitored whenever the concentration of selenium exceeds 5.0 μg/L in salt water.
y. ≤ (0.891) (e(1.72[ln(hardness)]-6.52))
z. Channel catfish may be more acutely sensitive.
aa. ≤ (0.891) (e(0.8473[ln(hardness)]+0.8604))
bb. ≤ (0.891) (e(0.8473[ln(hardness)]+0.7614))
cc. Nonlethal effects (growth, C-14 uptake, and chlorophyll production) to diatoms (Thalassiorsira aestivalis and Skeletonema costatum) have been noted at levels below the established criteria. The importance of these effects to the diatom populations and the aquatic system is sufficiently in question to persuade the Puyallup Tribe to adopt the USEPA National Criteria value (36 μg/L) as the Puyallup Tribe’s threshold criteria; however, wherever practical the ambient concentrations should not be allowed to exceed a chronic marine concentration of 21 μg/L.
dd. These ambient criteria are based on the dissolved fraction (for cyanide criteria using the weak and dissociable method) of the metal. The Department shall apply the criteria as total recoverable values to calculate effluent limits unless data is made available to the Department clearly demonstrating the seasonal partitioning of the dissolved metal in the ambient water in relation to an effluent discharge. Metals criteria may be adjusted on a site-specific basis when data is made available to the Department clearly demonstrating the effective use of the water effects ratio approach established by USEPA as generally guided by the procedures in USEPA Water Quality Standards Handbook, December 1983, as supplemented or replaced. Information which is used to develop effluent limits based on applying metals partitioning studies or the water effects ratio approach shall be identified and shall be made available for public comment as appropriate.
ee. The criteria for cyanide is based on the weak and dissociable method in the 17th Ed. Standard Methods for the Examination of Water and Wastewater, 4500-CNI, and as revised (see footnote (dd)).
ff. These criteria are based on the total-recoverable fraction of the metal.
gg. Where methods to measure trivalent chromium are unavailable, these criteria are to be represented by total-recoverable chromium.
hh. Tables for the conversion of total ammonia to un-ionized ammonia for freshwater can be found in the USEPA’s Quality Criteria for Water, 1986. Criteria concentrations based on total ammonia for marine water can be found in USEPA Ambient Water Quality Criteria for Ammonia (Saltwater) – 1989, EPA440/5-88-004, April 1989.
(d) The following criteria shall be applied to surface waters of the Puyallup Tribe for protection of human health. The Department may revise these criteria, subject to approval by the Puyallup Tribal Council, as needed, to protect human health and to increase the technical accuracy of the criteria being applied. Rules may be adopted to change these criteria in accordance with provisions of the Puyallup Tribe’s Administrative Procedure Act. Values are μg/L for all substances:
|
Substance |
CAS Number |
For Freshwater AA, A and Lake Class Uses |
For All Marine Water and Freshwater B and C Class Uses |
|
Antimony |
7440360 |
14 a |
4300 a |
|
Arsenic |
7440382 |
0.018 a,b,c |
0.14 a,b,c |
|
Beryllium |
7440417 |
n |
n |
|
Cadmium |
7440439 |
n |
n |
|
Chromium (III) |
16065831 |
n |
n |
|
Chromium (VI) |
18540299 |
n |
n |
|
Copper |
7440508 |
||
|
Lead |
7439921 |
n |
n |
|
Mercury |
7439976 |
0.14 |
0.15 |
|
Nickel |
7440020 |
610 a |
4,600 a |
|
Selenium |
7782492 |
n |
n |
|
Silver |
7440224 |
||
|
Thallium |
7440280 |
1.7 a |
6.3 a |
|
Zinc |
7440666 |
||
|
Cyanide |
57125 |
700 a |
220,000 a,d |
|
Asbestos |
1332214 |
7,000,000 fibers/L e |
|
|
2,3,7,8-TCDD (Dioxin) |
1746016 |
0.000000013 c |
0.000000014 c |
|
Acrolein |
107028 |
320 |
780 |
|
Acrylonitrile |
107131 |
0.059 a,c |
0.66 a,c |
|
Benzene |
71432 |
1.2 a,c |
71 a,c |
|
Bromoform |
75252 |
4.3 a,c |
360 a,c |
|
Carbon Tetrachloride |
56235 |
0.25 a,c |
4.4 a,c |
|
Chlorobenzene |
108907 |
680 a |
21,000 a,d |
|
Chlorodibromomethane |
124481 |
0.41 a,c |
34 a,c |
|
Chloroethane |
75003 |
||
|
2-Chloroethylvinyl Ether |
110758 |
||
|
Chloroform |
67663 |
5.7 a,c |
470 a,c |
|
Dichlorobromomethane |
75274 |
0.27 a,c |
22 a,c |
|
1,1-Dichloroethane |
75343 |
||
|
1,2-Dichloroethane |
107062 |
0.38 a,c |
99 a,c |
|
1,1-Dichloroethylene |
75354 |
0.057 a,c |
3.2 a,c |
|
1,2-Dichloropropane |
78875 |
||
|
1,3-Dichloropropylene |
542756 |
10 a |
1,700 a |
|
Ethylbenzene |
100414 |
3,100 a |
29,000 a |
|
Methyl Bromide |
74839 |
48 a |
4,000 a |
|
Methyl Chloride |
74873 |
n |
n |
|
Methylene Chloride |
75092 |
4.7 a,c |
1,600 a,c |
|
1,1,2,2-Tetrachloroethane |
79345 |
0.17 a,c |
11 a,c |
|
Tetrachloroethylene |
127184 |
0.8 c |
8.85 c |
|
Toluene |
108883 |
6,800 a |
200,000 a |
|
1,2-Trans-Dichloroethylene |
156605 |
||
|
1,1,1-Trichloroethane |
71556 |
n |
n |
|
1,1,2-Trichloroethane |
79005 |
0.60 a,c |
42 a,c |
|
Trichloroethylene |
79016 |
2.7 c |
81 c |
|
Vinyl Chloride |
75014 |
2 c |
525 c |
|
2-Chlorophenol |
95578 |
||
|
2,4-Dichlorophenol |
120832 |
93 a |
790 a,d |
|
2,4-Dimethylphenol |
105679 |
||
|
2-Methyl-4,6-Dinitrophenol |
534521 |
13.4 |
765 |
|
2,4-Dinitrophenol |
51285 |
70 a |
14,000 a |
|
2-Nitrophenol |
88755 |
||
|
4-Nitrophenol |
100027 |
||
|
3-Methyl-4-Chlorophenol |
59507 |
||
|
Pentachlorophenol |
87865 |
0.28 a,c |
8.2 a,c,d |
|
Phenol |
108952 |
21,000 a |
4,600,000 a,d |
|
2,4,6-Trichlorophenol |
88062 |
2.1 a,c |
6.5 a,c |
|
Acenaphthene |
83329 |
||
|
Acenaphthylene |
108968 |
||
|
Anthracene |
120127 |
9,600 a |
110,000 a |
|
Benzidine |
92875 |
0.00012 a,c |
0.00054 a,c |
|
Benzo(a)Anthracene |
56553 |
0.0028 c |
0.031 c |
|
Benzo(a)Pyrene |
50328 |
0.0028 c |
0.031 c |
|
Benzo(b)Fluoranthene |
205992 |
0.0028 c |
0.031 c |
|
Benzo(ghi)Perylene |
191242 |
||
|
Benzo(k)Fluoranthene |
207089 |
0.0028 c |
0.031 c |
|
Bis(2-Chloroethoxy)Methane |
111911 |
||
|
Bis(2-Chloroethyl)Ether |
111444 |
0.031 a,c |
1.4 a,c |
|
Bis(2-Chloroisopropyl)Ether |
108601 |
1,400 a |
170,000 a |
|
Bis(2-Ethylhexyl)Phthalate |
117817 |
1.8 a,c |
5.9 a,c |
|
4-Bromophenyl Phenyl Ether |
101553 |
||
|
Butylbenzyl Phthalate |
85687 |
||
|
2-Chloronaphthalene |
91587 |
||
|
4-Chlorophenyl Phenyl Ether |
7005723 |
||
|
Chrysene |
218019 |
0.0028 c |
0.031 c |
|
Dibenzo(a,h)Anthracene |
53703 |
0.0028 c |
0.031 c |
|
1,2-Dichlorobenzene |
95501 |
2,700 a |
17,000 a |
|
1,3-Dichlorobenzene |
541731 |
400 |
2,600 |
|
1,4-Dichlorobenzene |
106467 |
400 |
2,600 |
|
3,3'-Dichlorobenzidine |
91941 |
0.04 a,c |
0.077 a,c |
|
Diethyl Phthalate |
84662 |
23,000 a |
120,000 a |
|
Dimethyl Phthalate |
131113 |
313,000 |
2,900,000 |
|
Di-n-Butyl Phthalate |
84742 |
2,700 a |
12,000 a |
|
2,4-Dinitrotoluene |
121142 |
0.11 c |
9.1 c |
|
2,6-Dinitrotoluene |
606202 |
||
|
Di-n-Octyl Phthalate |
117840 |
||
|
1,2-Diphenylhydrazine |
122667 |
0.040 a,c |
0.54 a,c |
|
Fluoranthene |
206440 |
300 a |
370 a |
|
Fluorene |
86737 |
1,300 a |
14,000 a |
|
Hexachlorobenzene |
118741 |
0.00075 a,c |
0.00077 a,c |
|
Hexachlorobutadiene |
87683 |
0.44 a,c |
50 a,c |
|
Hexachlorocyclopentadiene |
77474 |
240 a |
17,000 a,d |
|
Hexachloroethane |
67721 |
1.9 a,c |
8.9 a,c |
|
Indeno(1,2,3-cd)Pyrene |
193395 |
0.0028 c |
0.031 c |
|
Isophorone |
78591 |
8.4 a,c |
600 a,c |
|
Naphthalene |
91203 |
||
|
Nitrobenzene |
98953 |
17 a |
1,900 a,d |
|
N-Nitrosodimethylamine |
62759 |
0.00069 a,c |
8.1 a,c |
|
N-Nitrosodi-n-Propylamine |
621647 |
||
|
N-Nitrosodiphenylamine |
86306 |
5.0 a,c |
16 a,c |
|
Phenanthrene |
85018 |
||
|
Pyrene |
129000 |
960 a |
11,000 a |
|
1,2,4-Trichlorobenzene |
120821 |
||
|
Aldrin |
309002 |
0.00013 a,c |
0.00014 a,c |
|
alpha-BHC |
319846 |
0.0039 a,c |
0.013 a,c |
|
beta-BHC |
319857 |
0.014 a,c |
0.046 a,c |
|
gamma-BHC |
58899 |
0.019 c |
0.063 c |
|
delta-BHC |
319868 |
||
|
Chlordane |
57749 |
0.00057 a,c |
0.00059 a,c |
|
4-4'-DD1 |
50293 |
0.00059 a,c |
0.00059 a,c |
|
4,4'-DDE |
72559 |
0.00059 a,c |
0.00059 a,c |
|
4,4'-DDD |
72548 |
0.00083 a,c |
0.00084 a,c |
|
Dieldrin |
60571 |
0.00014 a,c |
0.00014 a,c |
|
alpha-Endosulfan |
959988 |
0.93 a |
2.0 a |
|
beta-Endosulfan |
33213659 |
0.93 a |
2.0 a |
|
Endosulfan Sulfate |
1031078 |
0.93 a |
2.0 a |
|
Endrin |
72208 |
0.76 a |
0.81 a,d |
|
Endrin Aldehyde |
7421934 |
0.76 a |
0.81 a,d |
|
Heptachlor |
76448 |
0.00021 a,c |
0.00021 a,c |
|
Heptachlor Epoxide |
1024573 |
0.00010 a,c |
0.00011 a,c |
|
PCB-1242 |
53469219 |
0.000044 a,c |
0.000045 a,c |
|
PCB-1254 |
11097691 |
0.000044 a,c |
0.000045 a,c |
|
PCB-1221 |
11104282 |
0.000044 a,c |
0.000045 a,c |
|
PCB-1232 |
11141165 |
0.000044 a,c |
0.000045 a,c |
|
PCB-1248 |
12672296 |
0.000044 a,c |
0.000045 a,c |
|
PCB-1260 |
11096825 |
0.000044 a,c |
0.000045 a,c |
|
PCB-1016 |
12674112 |
0.000044 a,c |
0.000045 a,c |
|
Toxaphene |
8001352 |
0.00073 a,c |
0.00075 a,c |
|
Total No. of Criteria (h) = |
91 |
90 |
Footnotes:
a. Criteria reflect EPA’s cancer slope factor (“ql*”) for carcinogenic toxics, reference dose (“RfD”) for noncarcinogenic toxics, and bioconcentration factor (“BCF”) as described in EPA’s Final Rule, Water Quality Standards: Establishment of Numeric Criteria for Priority Toxic Pollutants, 57 Federal Register (December 22, 1992).
b. The criteria refers to the inorganic form only.
c. Criteria in the matrix based on carcinogenicity (10-6 risk).
d. No criteria for protection of human health from consumption of aquatic organisms (excluding water) was presented in the 1980 criteria document or in the 1986 Quality Criteria for Water. Nevertheless, EPA has determined that sufficient information was presented in the 1980 document to allow a calculation of a criterion, even though the results of such a calculation were not shown in the document. See EPA National Toxics Rule, 57 Federal Register 60848, 60916 (footnote j) (December 22, 1992).
e. The criterion for asbestos is the Maximum Contaminant Level (“MCL”). See 56 Federal Register 3562 (January 30, 1991).
n. EPA did not promulgate human health criteria for this contaminant. However, the Department should address this contaminant in permit actions using narrative criteria for toxics.
General Note:
1. This chart lists all of EPA’s priority toxic pollutants whether or not criteria recommendations are available. Blank spaces indicate the absence of criteria recommendations by EPA. Because of variations in chemical nomenclature systems, this listing of toxic pollutants does not duplicate the listing in Appendix A of 40 C.F.R. Part 423. This chart includes the Chemical Abstracts Service (“CAS”) registry numbers, which provide a unique identification for each chemical.
(e) EPA has adopted criteria for toxic pollutants to protect human health and aquatic life. See 40 C.F.R. Part 131.36. In the event of any conflict between the criteria adopted by this chapter or by EPA, as those criteria now exist or as those criteria may change in the future, the more stringent criteria shall apply to surface waters of the Puyallup Tribe.
(f) USEPA Quality Criteria for Water, 1986, shall be used in the use and interpretation of the values listed in subsection (c) of this section.
(g) Concentrations of toxic substances, and other substances with toxic propensities not listed in subsection (c) of this section, shall be determined in consideration of USEPA’s Quality Criteria for Water, 1986, and as revised, and other relevant information as appropriate.
(h) Risk-based criteria for carcinogenic substances shall be selected such that the upper-bound excess cancer risk is less than or equal to one in 1,000,000.
10.08.060 Radioactive substances.
(a) Deleterious concentrations of radioactive materials for all classes shall be as determined by the lowest practicable concentration attainable and in no case shall exceed:
(1) One one-hundredth of the values listed in WAC 246-221-290 (Column 2, Table II, Appendix A, rules and regulation for radiation protection); or
(2) USEPA Drinking Water Regulations for radionuclides, as published in the Federal Register of July 9, 1976, or subsequent revisions thereto.
(b) Nothing in this chapter shall be interpreted to be applicable to those aspects of governmental regulation of radioactive wastes which have been preempted from tribal regulation by the Atomic Energy Act of 1954, as amended.
10.08.070 General classifications.
General classifications applying to various surface water bodies not specifically classified under PTC 10.08.110 or 10.08.120 are as follows:
(a) All lakes and their feeder streams within the Puyallup Reservation are classified Lake Class and Class AA respectively, except for those feeder streams specifically classified otherwise.
(b) All unclassified surface waters that are tributaries to Class AA waters are classified Class AA. All other unclassified surface waters are hereby classified Class A.
10.08.080 Antidegradation.
The antidegradation policy of the Puyallup Tribe is stated as follows:
(a) Existing beneficial uses shall be maintained and protected and no further degradation which would interfere with or become injurious to existing beneficial uses shall be allowed.
(b) Whenever the natural conditions of said waters are of a lower quality than the criteria assigned, the natural conditions shall constitute the water quality criteria.
(c) Whenever waters are of a higher quality than the criteria assigned for said waters, the existing water quality shall be protected and waste and pollution of said waters which will reduce the existing quality shall not be allowed to enter such waters, except in those instances where:
(1) It is clear, after satisfactory public participation and intergovernmental coordination, that overriding considerations of the public interest will be served;
(2) All wastes and other materials and substances discharged into said waters shall be provided with all known, available, and reasonable methods of prevention, control, and treatment by new and existing point sources before discharge. All activities which result in the pollution of waters from nonpoint sources shall be provided with all known, available, and reasonable best management practices; and
(3) When the lowering of water quality in high quality waters is authorized, the lower quality shall still be of high enough quality to fully support all existing beneficial uses.
(d) Short-term modification of water quality may be permitted as conditioned by PTC 10.08.100.
(e) Whenever high quality waters constitute an outstanding national resource, such as waters of national and Tribal parks and wildlife refuges and waters of exceptional recreational and ecological significance, that water quality shall be maintained and protected.
(f) In those cases where potential water quality impairment associated with a thermal discharge is involved, the antidegradation policy and implementing method shall be consistent with Section 316 of the Clean Water Act.
10.08.090 Mixing zones.
(a) The allowable size and location of a mixing zone and the associated effluent limits shall be established in discharge permits, general permits, or orders, as appropriate.
(b) A discharger shall be required to fully apply AKART prior to being authorized a mixing zone.
(c) Mixing zone determinations shall consider critical discharge conditions.
(d) No mixing zone shall be granted unless the supporting information clearly indicates the mixing zone would not have a reasonable potential to result in a loss of sensitive or important habitat, substantially interfere with the existing or characteristic uses of the water body, result in damage to the ecosystem, or adversely affect public health as determined by the Department.
(e) Water quality criteria shall not be violated outside of the boundary of a mixing zone as a result of the discharge for which the mixing zone was authorized.
(f) The size of a mixing zone and the concentrations of pollutants present shall be minimized.
(g) The maximum size of a mixing zone shall comply with the following:
(1) In rivers and streams, mixing zones, singularly or in combination with other mixing zones, shall comply with the most restrictive combination of the following (this size limitation may be applied to estuaries having flow characteristics that resemble rivers):
(A) Not 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), or extend upstream for a distance of over 100 feet;
(B) Not utilize greater than 25 percent of the flow; and
(C) Not occupy greater than 25 percent of the width of the water body.
(2) In estuaries, mixing zones, singularly or in combination with other mixing zones, shall:
(A) Not extend in any horizontal direction from the discharge port(s) for a distance greater than 200 feet plus the depth of water over the discharge port(s) as measured during mean lower low water; and
(B) Not occupy greater than 25 percent of the width of the water body as measured during mean lower low water.
(3) In lakes, and in reservoirs having a mean detention time greater than 15 days, mixing zones shall not be allowed unless it can be demonstrated to the satisfaction of the Department that:
(A) Other siting, technological, and managerial options that would avoid the need for a lake mixing zone are not reasonably achievable;
(B) Overriding considerations of the public interest will be served; and
(C) All technological and managerial methods available for pollution reduction and removal that are economically achievable would be implemented prior to discharge. Such methods may include, but not be limited to, advanced waste treatment techniques.
(4) In lakes, and in reservoirs having a mean detention time greater than 15 days, mixing zones, singularly or in combination with other mixing zones, shall comply with the most restrictive combination of the following:
(A) Not exceed 10 percent of the water body volume;
(B) Not exceed 10 percent of the water body surface area (maximum radial extent of the plume regardless of whether it reaches the surface); and
(C) Not extend beyond 15 percent of the width of the water body.
(h) Acute criteria are based on numeric criteria and toxicity tests approved by the Department, as generally guided under PTC 10.08.050, and shall be met as near to the point of discharge as practicably attainable. Compliance shall be determined by monitoring data or calibrated models approved by the Department utilizing representative dilution ratios. A zone where acute criteria may be exceeded is allowed only if it can be demonstrated to the Department’s satisfaction the concentration of, and duration and frequency of exposure to, the discharge will not create a barrier to the migration or translocation of indigenous organisms to a degree that has the potential to cause damage to the ecosystem. A zone of acute criteria exceedance shall singularly or in combination with other such zones comply with the following maximum size requirements:
(1) In rivers and streams, a zone where acute criteria may be exceeded shall comply with the most restrictive combination of the following (this size limitation may also be applied to estuaries having flow characteristics resembling rivers):
(A) Not extend beyond 10 percent of the distance to the upstream and downstream boundaries of an authorized mixing zone, as measured independently from the discharge port(s);
(B) Not utilize greater than two and one-half percent of the flow; and
(C) Not occupy greater than 25 percent of the width of the water body.
(2) In estuarine waters, a zone where acute criteria may be exceeded shall not extend beyond 10 percent of the distance established in subsection (g)(2)(A) of this section as measured independently from the discharge port(s).
(i) Overlap of Mixing Zones.
(1) Where allowing the overlap of mixing zones would result in a combined area of water quality criteria nonattainment which does not exceed the numeric size limits established under subsection (g) of this section, the overlap may be permitted if:
(A) The separate and combined effects of the discharges can be reasonably determined; and
(B) The combined effects would not create a barrier to the migration or translocation of indigenous organisms to a degree that has the potential to cause damage to the ecosystem.
(2) Where allowing the overlap of mixing zones would result in exceedance of the numeric size limits established under subsection (g) of this section, the overlap may be allowed only where:
(A) The overlap qualifies for exemption under subsections (l) and (m) of this section; and
(B) The overlap meets the requirements established in subsection (i)(1) of this section.
(j) Stormwater.
(1) Stormwater discharge from any “point source” containing “process wastewater” as defined in 40 C.F.R. Part 122.2 shall fully conform to the numeric size criteria in subsections (g) and (h) of this section and the overlap criteria in subsection (i) of this section.
(2) Stormwater discharges not described by subsection (j)(1) of this section may be granted an exemption to the numeric size criteria in subsections (g) and (h) of this section and the overlap criteria in subsection (i) of this section, provided the discharger clearly demonstrates to the Department’s satisfaction that:
(A) All appropriate best management practices established for stormwater pollutant control have been applied to the discharge;
(B) The proposed mixing zone shall not have a reasonable potential to result in a loss of sensitive or important habitat, substantially interfere with the existing or characteristic use of the water body, result in damage to the ecosystem, or adversely affect public health as determined by the Department; and
(C) The proposed mixing zone shall not create a barrier to the migration or translocation of indigenous organisms to a degree that has the potential to cause damage to the ecosystem.
(3) All mixing zones for stormwater discharges shall be based on a volume of runoff corresponding to a design storm approved by the Department. Exceedances from the numeric size criteria in subsections (g) and (h) of this section and the overlap criteria in subsection (i) of this section due to precipitation events greater than the approved design storm may be allowed by the Department, if it would not result in adverse impact to existing or characteristic uses of the water body or result in damage to the ecosystem, or adversely affect public health as determined by the Department.
(k) Combined sewer overflows may be allowed an average once per year exemption to the numeric size criteria in subsections (g) and (h) of this section and the overlap criteria in subsection (i) of this section, provided the discharge complies with subsection (d) of this section.
(l) Exceedances from the numeric size criteria in subsections (g) and (h) of this section and the overlap criteria in subsection (i) of this section may be considered by the Department in the following cases:
(1) For discharges existing prior to November 24, 1992 (or for proposed discharges with engineering plans formally approved by the Department prior to November 24, 1992);
(2) Where altering the size configuration is expected to result in greater protection to existing and characteristic uses;
(3) Where the volume of water in the effluent is providing a greater benefit to the existing or characteristic uses of the water body due to flow augmentation than the benefit of removing the discharge, if such removal is the remaining feasible option; and
(4) Where the exceedance is clearly necessary to accommodate important economic or social development in the area in which the waters are located.
(m) Before an exceedance from the numeric size criteria may be allowed under subsection (l) of this section, it must clearly be demonstrated to the Department’s satisfaction that:
(1) AKART appropriate to the discharge is being fully applied;
(2) All siting, technological, and managerial options which would result in full or significantly closer compliance that are economically achievable are being utilized; and
(3) The proposed mixing zone complies with subsection (d) of this section.
(n) Any exemptions granted to the size criteria under subsection (l) of this section shall be re-examined during each permit renewal period for changes in compliance capability. Any significant increase in capability to comply shall be reflected in the renewed discharge permit.
(o) The Department may establish permit limits and measures of compliance for human health-based criteria (based on lifetime exposure levels), independent of this section.
10.08.100 Short-term modifications.
(a) The criteria and special conditions established in PTC 10.08.030 through 10.08.130 may be modified for a specific water body on a short-term basis when necessary to accommodate essential activities, respond to emergencies, or to otherwise protect the public interest, even though such activities may result in a temporary reduction of water quality conditions below those criteria and classifications established by this chapter. Such modification shall be issued in writing by the Director or his/her designee subject to such terms and conditions as he/she may prescribe, and such modification shall not exceed a 12-month period.
(b) In no case will any degradation of water quality be allowed if this degradation significantly interferes with or becomes injurious to existing water uses or causes long-term harm to the environment.
(c) Notwithstanding the above, the aquatic application of herbicides which result in water use restrictions shall be considered an activity for which a short-term modification generally may be issued subject to the following conditions:
(1) A request for a short-term modification shall be made to the Department on forms supplied by the Department. Such request generally shall be made at least 30 days prior to herbicide application;
(2) Such herbicide application shall be in accordance with label provisions promulgated by USEPA under the federal Insecticide, Fungicide, and Rodenticide Act, as amended (7 U.S.C. 136, et seq.);
(3) Notice, including identification of the herbicide, applicator, location where the herbicide will be applied, proposed timing and method of application, and water use restrictions, shall be given according to the following requirements:
(A) Appropriate public notice as determined and prescribed by the Director or his/her designee shall be given of any water use restrictions specified in USEPA label provisions;
(B) The Puyallup Tribe’s Departments of Natural Resources and Fisheries shall be notified 24 hours prior to herbicide application; and
(C) In the event of any fish kills, the Puyallup Tribe’s Departments of Natural Resources and Fisheries shall be notified immediately;
(4) The herbicide application shall be made at times so as to:
(A) Minimize public water use restrictions during weekends; and
(B) Completely avoid public water use restrictions during the opening week of fishing season, Memorial Day weekend, Independence Day weekend, and Labor Day weekend;
(5) Any additional conditions as may be prescribed by the Director or his/her designee. [Amended during 2010 recodification]
10.08.110 Specific classifications – Freshwater.
Specific fresh surface waters of the Puyallup Tribe are classified as follows:
(a) Puyallup River from mouth to river mile 1.0: Class B.
(b) Puyallup River from river mile 1.0 to the up-river boundary of the 1873 Survey Area of Puyallup Reservation: Class A.
10.08.120 Specific classifications – Marine water.
Specific marine surface waters of the Puyallup Tribe are classified as follows: Reserved.
10.08.130 Achievement considerations.
To fully achieve and maintain the foregoing water quality of the Puyallup Reservation, it is the intent of the Department to apply the various implementation and enforcement authorities at its disposal, including participation in the programs of the federal Clean Water Act, 33 U.S.C. Section 1251, et seq., as appropriate. It is also the intent that cognizance will be taken of the need for participation in cooperative programs with other tribal, state and local governments and private groups with respect to the management of related problems. The Department’s planned program for water pollution control will be defined and revised annually in accordance with Section 106 of said federal act. Further, it shall be required that all activities which discharge wastes into surface waters of the Puyallup Tribe, or otherwise adversely affect the quality of said waters, be in compliance with the waste treatment and discharge provisions of Puyallup Tribal law or federal law.
10.08.140 Implementation.
(a) Discharges from Municipal, Commercial, and Industrial Operations. The primary means to be used for controlling municipal, commercial, and industrial waste discharges from or onto lands or waters under the jurisdiction of the Puyallup Tribe shall be through the issuance of waste disposal permits.
(b) Miscellaneous Waste Discharge or Water Quality Effect Sources. The Director shall, through the issuance of regulatory permits, directives, and orders, as are appropriate, control miscellaneous waste discharges and water quality effect sources not covered by subsection (a) of this section. It is noted that, from time to time, certain short-term activities which are deemed necessary to accommodate essential activities or to otherwise protect the public interest may be specially authorized by the Director as indicated in PTC 10.08.100, under such conditions as the Director may prescribe, even though such activities may result in a reduction of water quality conditions below those criteria and classifications established by this chapter.
(c) Nonpoint Source and Stormwater Pollution.
(1) Activities which generate nonpoint source pollution shall be conducted so as to comply with the water quality standards. The primary means to be used for requiring compliance with the standards shall be through best management practices required in waste discharge permits, rules, orders, and directives issued by the Department for activities which generate nonpoint source pollution.
(2) Best management practices shall be applied so that when all appropriate combinations of individual best management practices are utilized, violation of water quality criteria shall be prevented. If a discharger is applying all best management practices appropriate or required by the Department and a violation of water quality criteria occurs, the discharger shall modify existing practices or apply further water pollution control measures, selected or approved by the Department, to achieve compliance with water quality criteria. Best management practices established in permits, orders, rules, or directives of the Department shall be reviewed and modified, as appropriate, so as to achieve compliance with water quality criteria.
(3) Activities which contribute to nonpoint source pollution shall be conducted utilizing best management practices to prevent violation of water quality criteria. When applicable best management practices are not being implemented, the Department may conclude individual activities are causing pollution contrary to law. In these situations, the Department may pursue orders, directives, permits, or civil or criminal sanctions, as appropriate, to gain compliance with the standards.
(4) Activities which discharge pollutants in stormwater shall be conducted so as to comply with the water quality standards. The primary means to be used for requiring compliance with the standards shall be through best management practices required in waste discharge permits, rules, orders, and directives issued by the Department for activities which generate stormwater pollution. The consideration and control procedures in subsections (c)(2) and (3) of this section apply to the control of pollutants in stormwater.
(d) Allowance for Compliance Schedules.
(1) Permits, orders, and directives for existing discharges may include a schedule for achieving compliance with water quality criteria contained in this chapter. Such schedules of compliance shall be developed to ensure final compliance with all water quality-based effluent limits in the shortest practicable time. Decisions regarding whether to issue schedules of compliance will be made on a case-by-case basis by the Department. Schedules of compliance may not be issued for new discharges. Schedules of compliance may be issued to allow for: (A) construction of necessary treatment capability; (B) implementation of necessary best management practices; (C) implementation of additional stormwater best management practices for discharges determined not to meet water quality criteria following implementation of an initial set of best management practices; (D) completion of necessary water quality studies; or (E) resolution of a pending water quality standards issue through rulemaking action.
(2) For the period of time during which compliance with water quality criteria is deferred, interim effluent limitations shall be formally established, based on the best professional judgement of the Department.
(3) Prior to establishing a schedule of compliance, the Department shall require the discharger to evaluate the possibility of achieving water quality criteria, via nonconstruction changes (e.g., facility operation, pollution prevention). Schedules of compliance may in no case exceed 10 years, and shall generally not exceed the term of any permit.
10.08.150 Surveillance.
A continuing surveillance program, to ascertain whether this chapter, waste disposal permits, orders, and directives promulgated and/or issued by the Department are being complied with, will be conducted by the Department staff as follows:
(a) Inspecting treatment and control facilities.
(b) Monitoring and reporting waste discharge characteristics.
(c) Monitoring receiving water quality.
10.08.160 Enforcement.
To ensure that the standards for water quality promulgated herein, the terms of waste disposal permits, and other orders and directives of the Department are fully complied with, the following enforcement tools will be relied upon by the Department, in cooperation with the Puyallup Tribe’s Office of Legal Counsel and USEPA as the Department deems appropriate:
(a) Issuance of Notices of Violation and Regulatory Orders. Whenever in the opinion of the Department a person is violating or about to violate this chapter, the Department shall notify said person of its determination. Within 30 days, or a shorter period of time if the notice issued by the Department so specifies, said person shall notify the Department of the action taken or being taken in response to the Department’s determination, whereupon the Department may issue a regulatory order as it deems appropriate. Whenever the Department deems immediate action is necessary to accomplish the purpose of this chapter, it may issue a regulatory order without first giving notice and 30 days for response.
(b) Initiation of actions requesting injunctive or other appropriate relief in Puyallup Tribal Court or federal court or such other courts as the Office of Legal Counsel or USEPA shall deem appropriate.
(c) Levying of Civil Penalties. Under this section, the Director may levy a civil penalty up to $5,000 per day against a person who violates the terms of a waste discharge permit, or who discharges without such a permit when the same is required. If the amount of the penalty, which is subject to mitigation or remission by the Department, is not paid within 30 days after receipt of said notice, the Office of Legal Counsel, upon request of the Director, shall bring an action in Puyallup Tribal Court, federal court or such other court as the Office of Legal Counsel shall determine is appropriate to recover the same.
(d) Initiation of criminal proceedings, as appropriate.
(e) Issuance of regulatory orders or directives either by the Puyallup Tribe or through the United States, and, if necessary, enforcement of such orders in the appropriate tribal or federal court.