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For the purposes of this chapter, the following words and phrases shall have the following meanings:

“Aquifer” means any geologic formation capable of yielding a significant amount of potentially recoverable water.

“Beneficial uses” means all lawful uses of waters identified in the water quality control plan. Uses may include, but are not limited to, domestic, commercial, industrial, agricultural, traditional, cultural, recreational uses, and use by fish and wildlife for habitat or propagation.

“Cultural uses” means all uses that have cultural significance for the Yurok Tribe.

“Designated use” means a use that is specified in water quality standards as a goal for a waterbody segment, whether or not it is currently being attained.

“Existing uses” means all uses actually attained in the waterbody on or after November 28, 1975, whether or not they are explicitly stated as designated uses in the water quality standards or presently existing uses.

“Forest management activity” means any activity conducted on or directly pertaining to forest land or relating to growing, harvesting, or processing timber.

“Hazardous materials” means:

(1) Any substance that poses a threat to human health or the environment and is typically toxic, corrosive, ignitable, explosive, or chemically reactive; and

(2) Any substance named by the United States Environmental Protection Agency to be reported if a designated quantity of the substance is spilled in the waters of the United States or if otherwise emitted into the environment.

“Herbicide” means any chemical compound designed to control or destroy plants, weeds, or grasses.

“Historical uses” means all uses that have historical significance for the Yurok Tribe.

“Impervious barrier” means any material or structure on, above, or below the ground that does not allow precipitation or surface water to penetrate directly into the underlying surface.

“Insecticide” means any compound designed or used to kill or control the growth of insects.

“Mining” means any activities designed for the extraction of minerals.

“Mitigation” means a measure taken to reduce adverse impacts on the environment.

“Nonpoint source” means any pollution sources which are diffuse and do not have a single point of origin or are not introduced into a receiving stream from a specific outlet.

“Person” means any individual, corporation, partnership, joint venture, association, social club, estate, trust, the United States, tribe, state, county, city, district, agency, municipality, commission, district or other political subdivision of any state, or any other group or combination acting as a unit.

“Pesticide” means any substance or mixture of substances 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.

“Point source” means any discernible, confined, and discrete conveyance, including but not limited to any pipe, ditch, channel, tunnel, conduit, culvert, well, discrete fissures, containers, rolling stock, concentration animal feeding operation, vessel, or other floating craft.

“Pollutant” means any substance, unregulated or regulated, that will alter the quality of Yurok waters.

“Potential uses” means all uses attainable in the waterbody, whether or not they are explicitly stated as designated uses in the water quality standards or presently potential uses.

“Quality of the water or waters” means any cultural, chemical, physical, biological, bacteriological, radiological, and other properties and characteristics of water which affect its use.

“Recharge area” means any area that collects precipitation or surface water and carries it to aquifers. Recharge areas may include areas designated as wellhead protection areas.

“Reservation” means all land, air, and water located within the exterior boundaries of the Yurok Reservation.

“Toxic materials” means any chemical or mixture that presents an unreasonable risk of injury to human health or the environment.

“Variance” means an authorized written permission for a delay or exception in the application of a given law, ordinance, or regulation.

“Waste” includes waste water and any and all other substances, liquid, solid, gaseous, radioactive, heat laden, associated with human habitation, or of human or animal origin, or from any human activities including producing, manufacturing, or processing operation of whatever nature, including such waste placed within containers of whatever nature prior to, and for purposes of, disposal.

“Water quality control plan” or “WQCP” is a document designating or establishing for the waters within a specified area (1) beneficial uses to be protected, (2) water quality objectives, and (3) a program of implementation needed for achieving and maintaining water quality objectives.

“Water quality criteria” means specific levels of water quality which, if reached, are expected to render a body of water suitable for its beneficial use.

“Wellhead protection area” means the surface and subsurface area surrounding a water well or well field, supplying a domestic water system, through which contaminants are reasonably likely to move toward and reach such water well or well field.

“Yurok waters” are any surface or ground water within the Klamath River Basin and located on or draining into the Yurok Reservation, including, but not limited to: wetlands, ponds, lakes, streams, rivers, creeks, drainage ditches, culverts including seasonal streams and wetlands, and ocean. [Ord. 73 § 4009, amended, 5/21/2020.]