21.25.100 Water quality objectives for surface waters, narrative criteria.
(a) All surface waters and wetlands of the Reservation, including mixing zones, shall meet the criteria below and be subject to review and/or permitting as set forth in the following sections.
(1) Ammonia. Levels of ammonia shall not be increased, in any body of water, by human-related activity that could cause a nuisance or adversely affect the water to support specified beneficial uses.
(2) Bacteria.
(A) Waters shall not contain concentrations of coliform organisms attributable to anthropogenic sources, including human and livestock wastes.
(B) Bacteria criteria shall ideally be based on a minimum of five samples collected as evenly spaced as practicable during any 30-day period. However, a geometric mean concentration exceeding the below-stated criteria shall indicate violation of this objective even if fewer than five samples were collected.
(C) In waters designated for contact recreation (REC-1) the geometric mean of enterococci shall not exceed 33 coliform-forming units (CFU) per 100 milliliters and a single sample maximum shall not exceed 61 CFU. The geometric mean of E. coli shall not exceed 126 CFU per 100 milliliters and a single sample maximum of 235 CFU per 100 milliliters1.
1Bacteria levels adopted from California’s Colorado River Basin Region 7 Water Quality Control Plan (2002).
(3) Biostimulatory Substances. Waters shall not contain biostimulatory substances in concentrations that promote aquatic growths to the extent that such growths could cause a nuisance or adversely affect the water to support specified beneficial uses.
(4) Bottom Substrate. Suitable substrate particle size distributions shall not be altered by human-caused activities in ways that impact successful fish spawning as well as attachment of macroinvertebrates and algal components.
(5) Color. Waters shall be free of human-caused coloration that could cause a nuisance or adversely affect the water to support specified beneficial uses.
(6) Dioxins. No dioxin compounds will be discharged to any water within the YIR boundaries.
(7) Dissolved Oxygen. Dissolved oxygen concentrations shall not be altered by human-caused activities that could cause a barrier to salmonid fish migration or adversely affect the water to support specified beneficial uses.
(8) Floating Materials. Waters shall not contain floating material, including solids, liquids, foams and scum related to human-caused activities in concentrations that could cause a nuisance, or adversely affect the water to support specified beneficial uses.
(9) Oil and Grease. Waters shall not contain oils, greases, waxes or other materials in concentrations that result in a visible film or coating on the surface of the water or on objects in the water that could cause a nuisance, or adversely affect the water to support specified beneficial uses.
(10) Nitrate. Levels of nitrates in waters with municipal or domestic supply use shall not exceed 10 mg/l. In other bodies of water the levels of nitrate shall not be increased by human-related activity that could cause a nuisance, or adversely affect the water to support specified beneficial uses.
(11) Nitrite. Levels of nitrites shall not be increased, in any body of water, by human-related activity that could cause a nuisance, or adversely affect the water to support specified beneficial uses.
(12) Pentachlorophenol (PCP). No discharge of pentachlorophenol will be allowed to any waterbody within the boundaries of the YIR. Any existing point or nonpoint source resulting in the presence of PCP shall be addressed as a noncompliance condition under the antidegradation plan.
(13) Petroleum Hydrocarbons. No increase above background levels of petroleum hydrocarbons will be allowed due to human-related activity in any waterbody within the YIR boundaries. Background levels shall be considered to be nondetect if baseline levels have not been established.
(14) Pesticides.
(A) For the purposes of this chapter, pesticides are defined to include insecticides, herbicides, rodenticides, fungicides, piscicides and all other economic poisons. An economic poison is any substance intended to prevent, repel, destroy, or mitigate the damage from insects, rodents, predatory animals, bacteria, fungi or weeds capable of infesting or harming vegetation, humans or animals.
(B) Since national numeric water quality criteria guidance has not been published for many pesticides and because Tribal member fish consumption far exceeds the national average upon which standards are developed, the Tribe maintains that there be no detectable levels of pesticides in any of the water bodies under its jurisdiction. This policy is consistent with other jurisdictions and community concerns towards pesticide use within Northern California (e.g., Hoopa Valley Tribe, Karuk Tribe of California, Trinity County, and the North Coast Regional Water Quality Control Board (RB1).
(C) Pesticide concentrations, individually or collectively, shall not be detected by using the most recent detection procedures available. There shall be no detectable amount of pesticide concentrations found in bottom sediments. There shall be no detectable increase in bioaccumulation of pesticides in aquatic life.
(15) pH. Changes related to human-caused activities in normal pH levels shall not exceed 0.5 pH units.
(16) Phosphates. Levels of phosphorus in any waterbody shall not be increased by human-related activity above the levels that could cause a nuisance, or adversely affect the water to support specified beneficial uses.
(17) Radioactivity. Radionuclides shall not be present in concentrations which are deleterious to human, plant, animal, or aquatic life, or which result in the accumulation of radionuclides in the food web to an extent which presents a hazard to human, plant, animal, or aquatic life.
(18) Sediment. The suspended sediment load and suspended sediment discharge rate of surface waters shall not be altered in such a manner as to cause a nuisance or adversely affect the water to support specified beneficial uses. In addition, the placing or disposal of soil and silt from any operation where such material could cause a nuisance or adversely affect the water to support specified beneficial uses is prohibited.
(19) Settleable Materials. Waters shall not contain substances caused by human activities in concentrations that result in deposition of material that could cause a nuisance or adversely affect the water to support specified beneficial uses.
(20) Suspended Materials. Waters shall not contain suspended materials caused by human activities in concentrations that could cause a nuisance or adversely affect the water to support specified beneficial uses.
(21) Taste and Odor. Waters shall not contain taste or odor-producing substances in concentrations that impart undesirable taste and odors to flesh or other edible products of aquatic origin, or that could cause a nuisance, or adversely affect specified beneficial uses.
(22) Temperature. The natural receiving water temperature shall not be altered unless it is shown to YTEP, and YTEP concurs, that it does not affect beneficial uses.
(23) Toxicity. All waters shall be maintained free of toxic substances in concentrations that are toxic to, or that produce detrimental physiological responses in, human, plant, animal, or aquatic life. Compliance with this objective will be determined by use of indicator organisms, analysis of species diversity, population density, growth anomalies, bioassays of appropriate duration and/or other appropriate methods as specified by EPA’s toxicity test guidances.
(24) Turbidity.
(A) Waters shall be free of human-caused changes in turbidity that could cause a nuisance, or adversely affect the water to support specified beneficial uses. Allowable zones of dilution within which higher percentages can be tolerated may be defined for specific discharges upon the issuance of discharge permits or waiver thereof.
(B) Turbidity shall not exceed five nepholometer units (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 greater than 50 NTU1.
1Turbidity levels adopted from the state of Washington as specified in Bash J., Berman C., Bolton S. Effects of Turbidity and Suspended Solids on Salmonids (2001).
(25) Volume. The volume of all waters shall not be altered by human activities unless it can be demonstrated to the satisfaction of the Tribe that such an alteration in volume does not adversely affect the water quality needed to protect the beneficial uses. In particular, waters designated CUL, MGR, and NAV shall not have their water volumes altered as to impair these beneficial uses.
(26) Other Chemical Constituents. Waters used for domestic or municipal supply shall not contain concentrations of chemical constituents in amounts which adversely affect such beneficial use. [Res. 04-46 § 3.3, adopted, 8/25/2004.]