In issuing NPDES permits for discharges that
will affect waters of the Reservation, the United States Environmental
Protection Agency (EPA) shall utilize this chapter in order to protect
waters of the Reservation. Tribal certification for the issuance of
discharge permits pursuant to Sections 401, 402 and 404 of the CWA
(33 U.S.C. §§ 1341 and 1342) shall be incorporated
into the NPDES control document. Tribal certification shall be achieved
prior to the EPA decision approving any discharge or issuing any permit
for a discharge that:
A. Will enter ONRW designated waters of the Reservation;
or
B. May affect OMRW designated waters of the Reservation.
The issuance of a tribal water permit will indicate
the Tribe's approval. Criteria found in this chapter shall provide
the basis for development of effluent limitations for NPDES permits
if it is mutually agreed upon by the Tribe and EPA that a such permit
should be issued. The development of effluent limitations shall take
into account the interactive effects of other discharges, and components
and breakdown products of the same discharge, to the same water body
so that numeric criteria and other requirements contained in this
chapter are met at all times, except where natural and/or background
conditions cause an exceedence of the criteria.