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Implementation procedures are as follows:

To the extent required to ensure compliance with this chapter, YTEP and other Tribal offices and departments, including but not limited to the Fisheries Program and other outside agencies as requested by the Tribe, shall:

(a) Monitor water quality (chemical, physical and biological) to assess the effectiveness of pollution controls and to determine whether water quality standards are being attained;

(b) Obtain and assess information pertinent to the actual environmental effect of any effluent discharge, using data that accurately represents the quality and quantity of the effluent and receiving water, with due consideration of all factors with regard to actual or attainable use of a receiving water;

(c) Advise any prospective discharger in writing, as needed, of requirements for obtaining a permit to discharge, including any additional permit requirements that the Tribe may enact;

(d) Assess the probable impact of effluent discharges on receiving waters with regard to designated uses, antidegradation policy, and numeric and narrative standards;

(e) Require the degree of wastewater treatment that is practicable, cost-effective and commensurate with protecting and maintaining designated uses and the existing water quality of the receiving water with considerations of the long-term Tribal objectives for the economy and the environment;

(f) Follow EPA approved procedures to develop water quality-based limitations, as appropriate, for inclusion in any Tribal or federal permit issued to a discharger;

(g) Require that effluent limitations developed by the Tribe be included in any such permit as a condition for Tribal certification pursuant to Section 401 of the Clean Water Act, 33 U.S.C. § 1341; provided, that a reasonable time, not to exceed three years, for compliance shall be granted; and provided further, that effluent discharge limitations more stringent than those contained in existing National Pollutant Discharge Elimination System (NPDES) permits shall not be imposed without providing an applicant an opportunity to demonstrate that existing permit limitations are adequate to protect existing and designated uses of receiving waters;

(h) Institute and coordinate water pollution control activities with other Tribal entities, including other departments, enterprises, and communities, federal and state agencies as appropriate and in consultation with the Council;

(i) Develop and pursue inspection and enforcement programs to ensure that dischargers comply with requirements of this chapter and satisfy the requirements of any regulations the Tribe may enact subsequent to the adoption of the Water Pollution Control Ordinance (Chapter 21.20 YTC) and Wetland Conservation Plan and to enforce federal permits with assistance from the EPA;

(j) Encourage, in conjunction with other Tribal entities and outside agencies, the development and implementation of best management practices to control nonpoint sources of pollutants to achieve compliance with Chapter 21.20 YTC, Water Pollution Control. [Res. 04-46 § 4.1, adopted, 8/25/2004.]