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

“Acute conditions” means conditions in the physical, biological or chemical environment which are expected or demonstrated to result in injury or death to an organism as a result of short-term exposure to a substance or detrimental environmental conditions.

“Acute toxicity” means relatively short-term lethal or other adverse effect to an organism caused by pollutants, and usually defined as occurring within four days for fish and large invertebrates and shorter times for smaller organisms.

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

“Background conditions” means the biological, chemical and physical conditions of a waterbody, outside and up-gradient of the area of influence of the point source discharge, nonpoint source, or in-stream activity under consideration. For example, in rivers and streams background sampling locations would be upstream from the source or activity, but not upstream from other inflows. If several sources to any waterbody exist, background sampling would be undertaken immediately upstream from each source.

“Beneficial uses” means all lawful uses, both actual and potential, 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.

“Best management practices” refers to physical, structural, and/or managerial practices that, when used singly or in combination, prevent or reduce pollution.

“Chronic toxicity” means fairly long-term adverse effects on an organism (when compared to the life span of the organism) caused by or related to changes in feeding, growth, metabolism, reproduction, a pollutant, genetic mutation, etc. Short-term test methods for detecting chronic toxicity may be used.

“Contamination” means an impairment of the quality of the waters of the Reservation to a degree, which creates a hazard to the public health through poisoning or through the spread of disease. Contamination includes any equivalent effect resulting from the disposal of waste whether or not waters of the Reservation are affected.

“Council” means the Yurok Tribal Council.

“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.

“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. Typical hazardous substances are toxic, corrosive, ignitable, explosive, or chemically reactive.

(2) Any substance named by EPA 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.

“Nuisance” means anything which is injurious to health, or is indecent or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property and affects at the same time a community or neighborhood, or any considerable number of persons, although the extent of the annoyance or damage inflicted upon individuals may be unequal, and occurs as a result of the treatment or disposal of wastes.

“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, concentrated animal feeding operation, vessel or other floating craft.

“Pollutant/pollution” means an alteration of the waters by any substance which unreasonably affects waters for beneficial uses or facilities which serve these beneficial uses.

“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 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 Indian Reservation.

“Toxic materials” means any chemical or mixture that presents an unreasonable risk or 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 wastewater, the adding or withdrawing of water so as to affect beneficial uses, and any and all other substances including, liquid, solid, gaseous, radioactive, heat laden, associated with human habitation, or of human or animal origin, or from any of man’s 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.

“Waters of the Reservation” or “Reservation waters” means any water, surface or underground, contained within, flowing through or bordering upon the Yurok Indian Reservation or any portion thereof.

“Water quality control plan” means 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. [Res. 04-46 Appx. A, adopted, 8/25/2004.]