A.
This chapter governs water management decisions and
activities that affect waters of the Reservation. All waters of the
Reservation are designated outstanding Menominee resource waters (OMRW)
or outstanding national resource waters (ONRW). All activities that
affect water quality, water quantity, and uses of waters of the Reservation
shall be regulated by the Tribe. This chapter prohibits unauthorized
discharges of substances to waters and wetlands of the Menominee Indian
Reservation and regulates water quality, water quantity, and activities
that affect water quality, water quantity, and uses of waters of the
Reservation.
B.
Water quality standards shall serve as basic precepts
for the protection of water quality. In all cases where potential
uses and criteria are in conflict, water quality standards shall protect
the general interest of the Tribe.
C.
Minimum water requirements to sustain the beauty (aesthetics)
and stability of the biological, physical, and chemical integrity
of waters of the Reservation shall be met at all times. Regulations
herein set forth are intended to:
(1)
Acknowledge and establish general policies for the
protection and maintenance of the quality of surface waters and wetlands
within the Menominee Reservation;
(2)
Identify, to the extent possible, existing uses of
waters of the Reservation and to provide a mechanism to allow the
designation of uses of such water resources;
(3)
Establish minimum criteria for protecting and maintaining
water quality and to achieve the water quality goals identified herein;
(4)
Establish an antidegradation policy and implementation
methods necessary to assure the maintenance and protection of water
quality;
(5)
Establish procedures for the ongoing review and revision
of the standards;
(6)
Establish procedures for application, consideration,
issuance, condition, or denial of permits for discharges to surface
waters and wetlands of the Reservation consistent with Sections 401,
402 and 404 of the Clean Water Act;
(7)
Establish enforcement measures and penalties for noncompliance
with the standards;
(8)
Identify methods to implement, achieve, and maintain
desired water quality required to achieve these goals;
(9)
For substances detected in waters of the Reservation,
establish criteria for the protection of existing and designated uses
of Reservation waters and wetlands to assure the continuation of such
uses for the future generations of the Tribe;
(10)
Establish water quality standards and an antidegradation
policy meeting provisions of 40 CFR Parts 131 and 132 to provide protection
of waters of the Reservation; and
(11)
Establish special unique protection measures
for OMRWs and ONRWs.
D.
Water quality
standards shall serve as a basis for developing and implementing control
strategies that protect the water quality interests and existing and
designated uses of the Tribe, including but not limited to the protection
of public health and welfare, traditional and contemporary cultural,
ceremonial, spiritual, and religious practices and prospective uses
of all waters of the Reservation for:
(1)
Tribal
water supplies;
(2)
Propagation
of fish and other aquatic life and wild and domestic animals and associated
consumptive and nonconsumptive uses;
(3)
Wildlife
habitat and natural food chain maintenance;
(4)
Harvest
of plants and animals for human consumption, e.g., wild rice and sturgeon
and other life forms associated with aquatic and riparian habitats;
(5)
Domestic
and recreational purposes; and
(6)
Agricultural,
silvicultural (tribal sustained-yield forestry practices), aquacultural,
commercial, industrial, navigational, and other uses.
This chapter applies to all surface waters and
wetlands located within the exterior boundaries of the Menominee Reservation
and to all facilities, practices and activities which may affect the
quality and flow requirements desirable to achieve the water quality
goals stated herein for waters of the Reservation. Additionally this
chapter applies to waters within the tract of land owned by the Tribe
named "Middle Village"; the legal description for this property can
be found at the Tribal Community Development Department, P.O. Box
910, Keshena, WI 54135.
The Tribe may promulgate new rules or amend
rules governing facilities, practices or activities if the Tribe determines
that the amendment or promulgation of such rules is necessary to protect
waters of the Reservation, aquatic life, public health, safety or
welfare, and designated and existing uses and to achieve the goals
of these standards. The Tribe shall review and, if appropriate, revise
the water quality regulations at any time, or at least on a triennial
basis, and hold public hearings for the purpose of reviewing and revising
applicable water quality standards. The requirements of this chapter
are in addition to the requirements of any other chapters, rules,
and ordinances established by the Tribe.
A.
Public participation time line for review or revision
of water quality standards.
(1)
Public notification. The Department will provide no
less than 30 days' notice to the public in advance of agency action
to permit time for public response.
(2)
Public consultations. This includes but is not limited
to public hearings, public meetings, and advisory groups. The Department
will provide a timely distribution of information sufficiently in
advance of decisionmaking to assimilate the public views on the Department's
action.
(a)
Public hearings. Notice of public hearings,
whether mandatory or discretionary, shall be publicized and mailed
to interested and affected parties at least 45 days prior to the date
of the hearing.
[1]
However, where the Department determines that
there are no substantial documents that must be reviewed for effective
hearing participation and that there are no complex or controversial
matters to be addressed by the hearing, the notice requirement may
be reduced to no less than 30 days.
[2]
The Department may further reduce or waive the
hearing notice requirement in emergency situations where the Department
or Legislature determines that there is an imminent danger to public
health.
(b)
Public meetings. Public meetings are any assemblies or gatherings (such as conferences, informational sessions, seminars, workshops, or other activities) which the Department intends to be open to anyone wishing to attend. The requirements of Subsection A(2) are applicable to public meetings, except that the Department may reduce notification of public meetings to no less than 30 days, if there is good reason that longer notice cannot be provided.
(c)
Responsiveness summaries. The Department shall
prepare responsiveness summaries at specific decision points in program
regulations or in the approved public participation work plan. Responsiveness
summaries are also required for rule-making activities. Each responsiveness
summary shall identify the public participation activity conducted;
describe the matters on which the public was consulted; summarize
the public's views, significant comments, criticisms and suggestions;
and set forth the Department's specific responses in terms of modifications
of the proposed action or an explanation for rejection of proposals
made by the public. Responsiveness summaries shall also include evaluations
by the Department of the effectiveness of the public participation
program and evaluations from any advisory group and provide an opportunity
for other participating members of the public to contribute to the
evaluation. (In the case of programs with multiple responsiveness
summary requirements, these analyses need only be prepared and submitted
with the final summary required.) Lastly, responsiveness summaries
shall be forwarded to the appropriate decisionmaking official and
shall be made available to the public.
B.
Notice of intention to adopt rules and opportunity to submit data. Any proposed changes or revisions to these standards shall be preceded by a public notice posted at the Neopit and the Keshena post offices, County Courthouse and Tribal Office Building; additionally, all requirements of Chapter 177, Posting Procedures, of this Code shall be met, and a copy of the notice shall be mailed to all persons who have made timely request to the committee or the Department for information regarding the proposed rule-making proceedings.
(1)
Such notice shall include:
(2)
All interested persons should be given a reasonable
opportunity to submit data, views, or arguments in writing. Opportunity
for a public hearing may be granted if requested in a timely manner
and determined by the Legislature to be in the public interest. The
Legislature shall fully consider all oral comments and written submissions
prior to making its final determination.
(3)
No regulatory proceedings shall be held on any final
rule until 20 days have passed from the posting date in which notice
is given of the adoption of said rule by the Tribal Legislature. This
regulatory proceeding is in accordance with the Constitution and Bylaws
of the Menominee Indian Tribe of Wisconsin, Bylaw II, Section 2(d).
(4)
No rule hereafter adopted is valid unless adopted in substantial compliance with this section or, if an emergency rule designated as such, adopted in compliance with Subsection C. In any proceeding, a rule cannot be contested on the grounds of noncompliance with the procedural requirements of this section, as now or hereafter amended, after one year has elapsed from the effective date of the rule.
C.
Emergency rules and amendments. If a committee or
the Department recommends, and the Tribal Legislature so finds, that
immediate adoption or amendment of a rule is necessary for the preservation
of the public health, safety, or general welfare of the Reservation
population, and that observance of the requirements of notice and
opportunity to present views on the proposed action would be contrary
to the public interest, the Legislature may dispense with such requirements
and immediately adopt the rule or amendment as an emergency rule or
amendment. The Legislature finding and a brief statement of the reasons
for its finding shall be incorporated in the emergency rule or amendment.
An emergency rule or amendment shall not remain in effect for longer
than 60 days after adoption. This regulatory proceeding is in accordance
with the Constitution and Bylaws of the Menominee Indian Tribe of
Wisconsin, Bylaw II, Section 2(g).
D.
Rules filed with the Chairperson and public inspection.
(1)
The Legislature shall file with the Chairperson, the
presiding officer of the Tribal Legislature, a true copy of all rules
now in effect and being implemented. The Chairperson shall keep a
permanent register of such rules and all rules subsequently adopted
by the Legislature. This permanent register shall be open to public
inspection during normal business hours.
(2)
Emergency rules shall become effective upon their
adoption by the Legislature. All other rules hereafter shall become
effective upon the expiration of 20 days following their publication,
unless a later date is required by applicable law or specified in
the rule.
E.
Statement of purpose of rules and how implemented.
(1)
When a committee or the Department proposes that the
Legislature take action to adopt a rule, the sponsoring committee
shall ensure that the proposed rule is accompanied by a statement
which generally describes the purpose of the proposed rule and how
to implement it. Such statements shall contain, but not be limited
to, the following:
(a)
A title, a description of the rule's purpose,
the name of the sponsoring committee, the legal authority, and any
other information which may be of assistance in identifying the proposed
rule or its purpose.
(b)
A summary of the proposed rule.
(c)
The Department personnel who are responsible
for drafting the proposed rule and who will be responsible for implementation
and enforcement of the proposed rule.
(2)
Upon filing the proposed rule with the Chairperson,
the sponsoring committee shall have copies of all statements on file
and available for public inspection.
F.
Petition for adoption, amendment, or repeal of rules.
Any interested person may petition a committee and request that such
committee propose that the Legislature promulgate, amend, or repeal
any rule. With in 60 days after the submission of the petition, or
at the next regular meeting of the committee if it does not meet within
this sixty-day period, the committee shall formally consider the petition
and within 30 days thereafter shall either deny the petition in writing
(stating the reason for the denial) or initiate rule-making proceedings.
G.
Certification. The Tribe may issue certifications
pursuant to the requirements of Section 401 of the Clean Water Act.
Revisions adopted by the Tribe shall be applicable for use in issuing
tribal water certifications.
A.
The water quality standards program administered by
the Menominee Tribe pertains to the management and protection of water
resources which are within the borders of the Menominee Reservation
and held by the Menominee Tribe, within the borders of the Menominee
Indian Reservation and held by the United States in trust for the
Menominee Tribe, within the Menominee Indian Reservation and held
by a member of the Menominee Tribe if such property interest is subject
to a trust restriction or alienation, or otherwise within the borders
of the Menominee Indian Reservation and land which may be added to
the Reservation under any law of the United States.
B.
These rules under this chapter shall be governed by Article I (Jurisdiction) of the Constitution and Bylaws of the Menominee Indian Tribe of Wisconsin, whereby the governmental powers of the Menominee Indian Tribe of Wisconsin, a federally recognized sovereign Indian tribe, shall, consistent with applicable federal law, extend to all persons and subjects and to all lands and other property, including natural resources listed in Subsection A above. The governmental powers of the Tribe shall, consistent with applicable federal law, also extend outside the exterior boundaries of the Reservation to any persons, subjects, facilities, industries, farmers, municipalities, utilities, or mining operations or real property which is, or may hereafter be, included within the jurisdiction of the Tribe under any law of the Tribe and the United States. Any person who violates any regulation or law set forth under this chapter shall be prosecuted under tribal law, whereby, under Article III, Section 2 of the Tribal Constitution and Bylaws (Powers of the Tribal Judiciary), the Tribal Judiciary shall be vested with all judicial powers of the Tribe, including the power to decide cases in which a person is accused by the Tribe of committing an offense against the laws of the Tribe. The powers granted to the judiciary by this subsection shall include judicial powers restored or granted the Tribe by any law of the United States or other competent authority. In the absence of tribal law on point, the laws and courts of the United States shall apply.[1]
C.
The Menominee Tribal Water Quality Standards are intended
to fulfill the minimum requirements of the Clean Water Act (33 U.S.C.
§ 1342) and its implementing regulations, as amended.
D.
Repealing effect; abrogation and greater restrictions.
Ordinance No. 87-29, its amendments and motions thereto pertaining
are hereby repealed and replaced by this chapter. Where this chapter
imposes greater restrictions than those contained in other ordinances,
the provisions of this chapter shall govern.
E.
The Tribe reserves the right to amend or repeal any
or all parts of this chapter at any time. All the rights, privileges,
or immunities conferred by this chapter or by acts done pursuant thereto
shall exist subject to the power of the Tribe. Nothing in this chapter
shall be construed to constitute a waiver of the sovereign immunity
of the Menominee Indian Tribe of Wisconsin or a consent to jurisdiction
by any forum not expressly authorized to exercise jurisdiction under
this chapter. The water quality standards established under this chapter
are not intended to control, and shall not be invalidated by, natural
background phenomena or acts of God.
As used in this chapter, the following terms
shall have the meanings indicated:
The ability of a substance to cause poisonous effects that result
in severe biological harm or death soon after a single exposure or
dose.
A relatively short-term lethal or other adverse effect to a
test organism, that is a representative sensitive organism, caused
by pollutants with a duration of exposure generally less than four
days for fish and large invertebrates and shorter times for smaller
organisms.
Caused by or related to, either directly or indirectly, human
actions.
See Article VI of this chapter.
Animal and plant or other life that resides in water at some
stage in life history.
The biological, chemical, and physical conditions of a water
body upstream from a point or nonpoint source of pollution under consideration.
Background sampling location(s) in an enforcement action will be upstream
from the point of discharge but not upstream from other discharges
and inflows. If several discharges to any water body exist and an
enforcement action is being taken for possible violations of standards,
background sampling will be undertaken immediately upstream from each
discharge.
Schedules of activities, prohibitions or practices, maintenance
procedures, and other management activities or engineered structures,
or combinations of these, to prevent or reduce pollution to waters
of the Reservation. Best management practices also include treatment
requirements, operating procedures, and practices to control plant
site runoff, spillage or leaks, sludge or waste disposal, or drainage
from raw material storage.
The process whereby substances increase in concentration in
living organisms, that are very slowly metabolized or excreted, as
the organism breathes contaminated air or water, drinks contaminated
water, or eats contaminated food.
The process of a chemical accumulating in a biological food
chain by being passed from one organism to another as the contaminated
organism is preyed upon by another organism.
The process whereby a substance or substances increase(s) in
concentration in organisms relative to the ambient water concentration(s).
A process by which there is a net accumulation of a chemical
directly from water into aquatic organisms.
A measure of the overall health of an ecosystem.
See Article II of this chapter.
The capacity of a substance to cause long-term poisonous
effects in an organism after long-term exposure.
A legal document signed by the Tribe directing a person,
business, or other party to take corrective action(s) or refrain from
an activity and fulfill certain directives. The order describes the
violations and actions to be taken and can be enforced in court. Such
orders may be issued and the respondent may be ordered to pay a penalty
for violations in addition to corrective action.
A chemical or biological substance in a form that can be
incorporated into or onto or be ingested by and that harms aquatic
organisms, consumers of aquatic organisms, or users of the aquatic
environment.
See "permit."
See Article II of this chapter.
Lowering of the existing quality of waters of the Reservation,
including but not limited to the chemical, physical, and biological
characteristics and values associated with waters of the Reservation.
Undesirable changes in the beds and banks of waters of the Reservation,
including but not limited to objectionable deposits and changes in
shoreland and wetland vegetation, local ecology, bank stability, and
local hydraulics shall constitute degradation.
The Environmental Services Department of the Menominee Indian
Tribe of Wisconsin or other department designated by the Tribal Legislature
as responsible for implementation of the Menominee Indian Tribe of
Wisconsin Water Quality Standards.
Use(s) of the waters of the Reservation that is designated herein; see Article II.
The design low flows must be used unless data exists to demonstrate
that an alternative low flow design is appropriate for water bodies
and pollutant-specific conditions [40 CFR Part 132, Appendix F, Procedure
3, Sec. (E)(1)]. See "low flow."
The Director of the Environmental Services Department of
the Menominee Indian Tribe of Wisconsin or other department designated
by the Tribal Legislature as responsible for implementation of the
Menominee Indian Tribe of Wisconsin Water Quality Standards.[1]
When used without qualification means the discharge of a
pollutant.
Any addition of any pollutant or combination of pollutants
to waters of the Menominee Indian Tribe of Wisconsin from any point
source. This definition includes additions of pollutants into waters
of the Menominee Indian Tribe of Wisconsin from surface runoff which
is collected or channelled by man; discharges through pipes, sewers,
or other conveyances owned by a state, municipality, or other person
which do not lead to a treatment works; and discharges through pipes,
sewers, or other conveyances leading into privately owned treatment
works.
Person(s) who engages in activities resulting in discharge
to tribal waters.
Alteration of the state of a plant or animal body, or some
of its organs, which interrupts or disturbs the proper performance
of the bodily function, including but not limited to pathogenic effects;
diseases include chronic, acute, and subclinical types, as well as
indirect changes, e.g., changes to reproductivity, behavior, and susceptibility,
and direct mortality.
A water body and the land area drained by it.
The interacting system of a biological community and its
(biotic and abiotic) environmental surroundings.
Wastewater, treated or untreated, that flows from a discrete
point of discharge.
Any restriction imposed by the Tribe, EPA, and/or other federal
entity on quantities, discharge rates, and concentrations of pollutants
which are discharged from point sources into water.
Any action taken by the Tribe, including the Tribal Environmental
Services Department, Tribal Department of Conservation, and Tribal
Police Department, and/or EPA to force compliance with this chapter,
including but not limited to monetary penalties.[2]
An individual, firm, corporation, association, partnership,
consortium, joint venture, commercial entity, company, industry, or
mining operation, the United States government, a state, municipality,
commission, political subdivision of a state, Indian tribe, or any
interstate body, or an agent or employee thereof.
The United States Environmental Protection Agency.
The process of wearing away of land surface by wind or water.
This process occurs naturally but can be caused or increased by activities,
including but not limited to farming, residential or industrial development,
construction activities, timber cutting, and stream crossing activities,
e.g., culvert and bridge placement.
Uses of water and associated natural resources that are unique to Menominee ways of life, including but not limited to harvesting wild rice, lake sturgeon, and medicinal and certain other plant and animal species, and the associated cultural phenomenon; see Article II.
The process of fertilization that causes high productivity
and biomass in an aquatic ecosystem. Eutrophication can be a natural
process or it can be a cultural process accelerated by an increase
of nutrient loading to a lake resulting from human activity.
Those uses actually attained by Menominee peoples in a water
body on or after November 28, 1975, whether or not they are included
in the water quality standards.
Species of plants or animals that are generally considered
unwanted nuisance organisms or populations that are not native but
have been introduced, including but not limited to rusty crayfish,
zebra mussels, sea lamprey, purple loosestrife, and Eurasian milfoil.
Analysis and report of the practicability of a proposed action.
A feasibility report should outline an analysis of the proposed activities;
site description; name of person(s) proposing a new or increased discharge
or other activity that may require a permit from the Tribe; potential
loadings estimates; water quality, quantity and other impacts; antidegradation
demonstration; and benefits that the Tribe will realize from said
water and/or environmental alteration under consideration.
See Article II of this chapter.
Sequences of organisms, each of which uses other members
in the ecosystem as a food source; strategies include but are not
limited to herbivorism, carnivorism, parasitism, and symbiotic relationships.
Often complex feeding networks occur within an ecosystem, whereby
members may belong to one or more chains. Members of a chain are interdependent,
so that a disturbance to one species can disrupt the entire system.
The water quality standards for the Great Lakes as found
at 40 CFR Part 132, as amended.
The place where individuals and/or populations of living
organisms live and the surrounding living and nonliving ecosystem.
"Habitat" generally includes food, cover, and other basic requirements
for individuals and populations to lead healthy life cycles.
See Article II of this chapter.
Inorganic elements with high atomic weights, including but
not limited to mercury, chromium, copper, cadmium, arsenic, and lead.
An organism, species, or community whose characteristics
reflect the presence of certain environmental conditions.
Refers to organized enterprise(s) and activities that often
have discharges and/or emissions of waste(s) and/or by-product(s)
associated with them, including but not limited to manufacturing plants,
paper mills, companies engaged in industrial production or service,
mining activities, including dewatering practices, foundries, and
factories.
The addition of a substance to a water body; the concentration
of a substance within a discharge multiplied by the flow of the discharge
over a specified time expressed as concentration/unit time. The Tribe
shall require the use of low flows as standard applications for evaluating
loadings.
The seven-day, ten-year stream design flow (7Q10) or the
four-day, three-year biologically based stream design flow for chronic
aquatic life criteria or values; the one-day, ten-year stream design
flow (1Q10) for acute aquatic life criteria or values; the harmonic
mean flow for human health criteria or values; or the ninety-day,
ten-year flow (90Q10) for wildlife criteria [40 CFR Part 132, Appendix
F, Procedure 3, Sec. (E)(1)]. See "design low flow."
A substance that is the product of biological changes to
a chemical.
Equivalent to 10-6 kilograms per
liter or parts per billion (ppb), assuming unit density.
Equivalent to 10-3 kilograms per
liter or parts per million (ppm), assuming unit density.
Menominee Indian Tribe of Wisconsin.
Menominee Indian Tribe of Wisconsin Water Quality Standards.
A limited area or volume of water where initial dilution of a discharge takes place and where certain numeric water quality criteria can be exceeded but acutely toxic conditions are prevented. See Article VI.
A scientifically designed system of continuing standardized
measurements and observations and the evaluation thereof.
Municipal separate storm sewer system, defined as all separate
storm sewers that are owned or operated by the United States or a
state, city, town, borough, county, parish, district, association,
or other public body having jurisdiction over disposal of sewage,
industrial wastes, stormwater, or other wastes, including special
districts under state or tribal law, such as a sewer district, flood
control district or drainage district, or similar entity, or an Indian
tribe or an authorized Indian tribal organization, or a designated
and approved management agency that discharges to waters of the United
States.
Equivalent to 10-9 kilograms per
liter or parts per trillion (ppt), assuming unit density.
The national program for issuing, modifying, revoking and
reissuing, terminating, monitoring and enforcing permits and imposing
and enforcing pretreatment requirements under Sections 307, 402, 318,
and 405 of the Clear Water Act (CWA). The term includes an approved
program.
The normal background physico-chemical characteristics and other
physical, chemical, and biological conditions of water and the course
in which it flows or is situated and the normal background daily and
seasonal variations in weather, climatic, and atmospheric conditions
that affect these waters.
The levels of nonanthropogenic substances/chemicals present
in ambient water that are from natural, as opposed to man-induced,
sources.
Natural background levels for parameters including but not
limited to dissolved oxygen, oxygen demand, pH, temperature, suspended
solids, dissolved ions, organics, and metals.
Waters with beds and banks and sufficiently deep and wide
for navigation with a canoe or other small craft. Navigable waters
of the United States are those waters that are subject to the ebb
and flow of the tide and/or are presently used, or have been used
in the past, or may be susceptible for use to transport tribal, interstate
or foreign commerce or other intermittent waterways that may be deemed
by the Director to fulfill purposes of navigation. A determination
of navigability, once made, applies laterally over the entire surface
of the water body and is not extinguished by other actions or events
which impede or destroy the navigable capacity.
Include, but are not limited to, dams and other impoundments,
straightening and flow alteration activities, wetland drainages, and
withdrawal of water.
Pollution sources that are diffuse and do not have a single
point of origin and are not introduced into a receiving stream or
other body of water from a specific outlet. The pollutants are generally
carried off land by runoff, urban runoff and other sources of pollution
that generally cannot be classified as point sources of pollution.
Common sources include agriculture, urban areas, certain industrial
activities, construction sites, dams and other hydrologic and hydraulic
modifications, private on-site waste treatment systems, and land disposal.
See "National Pollutant Discharge Elimination System."
Outstanding Menominee resource water; see Article VI.
Outstanding national resource water; see Article VI.
An authorization, license, or equivalent control document
issued by the Tribe, EPA, an approved state, United States Army Corps
of Engineers (USACE), or other federal agency to implement the requirements
of this chapter, the CWA, and other regulations, including but not
limited to a tribal water quality certification, a tribal water permit
or a permit issued under the NPDES program.
See "entity."
A substance intended for preventing, destroying, repelling
or mitigating any pest. Also, any substance or mixture of substances
intended for use as a plant regulator, defoliant, or desiccant.
The negative logarithm of the hydrogen ion activity concentration
when expressed as moles per liter, or pH = -log (H+).
The picograms of a substance per liter of solution is equivalent
to 10-12 kilograms per liter or parts per
quadrillion (ppq), assuming unit density.
All living aquatic and terrestrial plants in the kingdom
Plantae, including but not limited to nonvascular and vascular plants,
emergent and submergent vegetation, algae, mosses, ferns, liverworts,
shrubs, trees, and wild rice.
Any discernible, confined, and discrete conveyance, including
but not limited to a pipe, ditch, channel, tunnel, conduit, well,
discrete fissure, container, rolling stock, concentrated animal feeding
operation, landfill leachate collection system, vessel or other floating
craft, from which pollutants are or may be discharged.
Dredged spoil, solid waste, incinerator residue, filter backwash,
sewage, garbage, sewage sludge, munitions, chemical wastes, biological
materials, all radioactive materials, heat, wrecked or discarded equipment,
rock, sand, cellar dirt, nutrients, toxic substances, pesticides,
and industrial, municipal, and agricultural waste (and their components
and breakdown products) discharged into water or entering through
other means.
Generally, the presence of matter or energy whose nature,
location, or quantity produces undesired environmental effects; under
the Clean Water Act, for example, the term is defined as the man-made
or man-induced alteration of the physical, biological, and radiological
integrity of water.
Measures taken to reduce the generation of a substance and/or
mitigate for an activity that could be harmful to living organisms
in the environment.
This treatment consists of the first steps in wastewater
treatment during which sedimentation cells/tanks, and possibly screens,
are used to remove most materials that settle or will float.
Treatment works owned by the Tribe or municipality. This
includes any devices and systems used in the storage, treatment, recycling
and reclamation of municipal sewage or industrial wastes of a liquid
nature. It also includes sewers, pipes and other conveyances only
if they convey wastewater to a POTW treatment plant. Privately owned
treatment works, federally owned treatment works and other treatment
plants not owned by municipalities are not considered publicly owned
treatment works.
See Article II of this chapter.
Remedies required to address problems associated with contaminated
sites, nonpermitted activities, or activities that threaten or are
detrimental to designated and other uses.
A qualitative and quantitative evaluation to define the hazards
posed to human health and/or the environment.
That part of precipitation, snowmelt, or irrigation water
that drains off land, in sheet flow, in rivulets, or in defined watercourses,
into surface water. This water can carry sediments and pollutants
into receiving waters.
Hydraulic condition whereby instantaneous inflow equals instantaneous
outflow.
A thorough investigation and evaluation of a surface water
and/or groundwater, including but not limited to sampling to determine
the extent and cause of any bacteriological contamination.
The second step in most waste treatment systems in which
aerobic bacterial treatment of wastewater removes floating and settling
solids and about 90% of the oxygen-demanding substances and suspended
solids.
Soil, sand, gravel, and minerals eroded from land by water
or air, or introduced through anthropogenic activity, that generally
settle to the bottom of surface water.
The waste and wastewater discharged into sewers from homes
and industry.
Regions and areas in a water body, including but not limited
to riffles, beds, backwaters, marshes, and wetlands, where fish concentrate
breeding activities and subsequently eggs are hatched.
A (natural) source of water issuing from the ground.
A sufficient number of samples to render a statistically
valid conclusion.
All waters open to the atmosphere, including rivers, streams,
creeks, lakes, reservoirs, impoundments, and wetlands, but excluding
sewage lagoons and other facilities constructed for the treatment
of wastewater, settling ponds, and cooling lakes.
A substance that can cause death, disease, behavioral abnormalities,
cancer, genetic mutations, teratogenic effects, physiological or reproductive
malfunction or physical deformities in any organism or its offspring
through concentration and/or bioaccumulation in the food chain, acting
alone or in combination with other substances or breakdown products.
These include, but are not limited to, PCBs, heavy metals, pesticides,
hazardous wastes, and other components of discharges, effluent, and
emissions and other pollution sources that result in atmospheric deposition
of these substances.
The nine-member governing body of the Menominee Indian Tribe
of Wisconsin elected by tribal members and empowered with authority
and jurisdiction contained in the Constitution and Bylaws of the Menominee
Indian Tribe of Wisconsin.
See Article VIII of this chapter.
The Menominee Indian Tribe of Wisconsin, a federally recognized
sovereign Indian tribe.
A stream or creek inlet flowing into a larger body of water.
Existing conditions stemming from anthropogenic causes that
violate portions of this chapter.
Chemicals, toxic substances, hazardous substances or wastes,
components of industrial discharge(s), heavy metals, organic compounds,
pesticides, discharge(s), loadings, or other pollutants that enter
ONRW or affect OMRW designated waters of the Reservation without prior
issuance of a tribal water permit.
Stormwater from city streets and adjacent domestic or commercial
properties, construction and other surface disturbance sites, and
parking lots that may pick up terrestrial contamination and carry
pollutants of various kinds into sewer systems and/or receiving waters.
Any pipe or pipeline for the transportation of any gaseous,
liquid, liquefiable, or slurry substance, for any purpose, and any
cable, line or wire for the transmission for any purpose of electrical
energy, telephone and telegraph messages, and radio and television
communication.
The spent or used water from individual homes, a community,
a farm, or an industry that contains dissolved or suspended matter
and/or other pollutants.
The land area that drains water into rivers, streams, creeks,
intermittent streams, wetlands, or lakes.
Such accumulations of water, surface and underground, natural
and artificial, public and private, or parts thereof, which are wholly
or partially within, flow through, or border upon the Menominee Reservation,
but the term does not include any private or municipal pond, or any
pond, reservoir or facility built for reduction or control of pollution
or cooling of water prior to discharge unless the discharge therefrom
causes or threatens to cause water pollution.
Areas that are inundated or saturated by surface water or
groundwater at a frequency and duration sufficient to support, and
that under normal circumstances do support, a prevalence of vegetation
typically adapted for life in saturated (hydric) soil conditions.
Wetlands generally include, but are not limited to, swamps, marshes,
bogs, and similar areas.
All living creatures in the kingdom Anamalia, including but
not limited to mammals, birds, reptiles, amphibians, fish, clams,
crustaceans, and other invertebrate animals.
See Article II of this chapter.
As used in this chapter, the following acronyms shall have the
meanings indicated:
|
BCC
|
Bioaccumulative chemicals of concern
|
|
BMPs
|
Best management practices
|
|
BOD
|
Biochemical oxygen demand
|
|
C1
|
Candidate species
|
|
CCC
|
Criterion continuous concentration
|
|
CERCLA
|
Comprehensive Environmental Response Compensation
and Liability Act
|
|
CF
|
Conversion factor
|
|
CMC
|
Criterion maximum concentration
|
|
CWA
|
Clear Water Act
|
|
EPA
|
Environmental Protection Agency
|
|
ESA
|
Endangered Species Act
|
|
FWS
|
United States Fish and Wildlife Service
|
|
GLI
|
Great Lakes Initiative
|
|
HCV
|
Human cancer value
|
|
HNV
|
Human noncancer value
|
|
MITW
|
Menominee Indian Tribe of Wisconsin
|
|
MITW WQS
|
Menominee Indian Tribe of Wisconsin Water Quality
Standards
|
|
ML
|
Minimum level
|
|
MS4
|
Municipal separate storm sewer system
|
|
NEPA
|
National Environmental Policy Act
|
|
NOI
|
Notice of intent
|
|
NOT
|
Notice of termination
|
|
OMRW
|
Outstanding Menominee resource waters
|
|
ONRW
|
Outstanding national resource waters
|
|
NPDES
|
National Pollutant Discharge Elimination System
|
|
PEL
|
Preliminary effluent limitations
|
|
PEQ
|
Projected effluent quality
|
|
PMP
|
Pollutant minimization program
|
|
POTW
|
Publicly owned treatment works
|
|
POWTS
|
Private on-site wastewater treatment system
|
|
SS
|
Suspended solids
|
|
SWMP
|
Stormwater management plan
|
|
SWPPP
|
Stormwater pollution prevention plan
|
|
WET
|
Whole effluent toxicity
|
|
WLA
|
Waste load allocation
|
|
WQBEL
|
Water-quality-based effluent limitation
|
|
WQS
|
Water quality standards
|
