3.12.010 Definitions

Undefined terms that are defined in the Tribe's Water Quality Standards shall have the meaning assigned to them in that document.

(a) "Clean Water Act" (CWA) means the Federal Clean Water Act, 33 U.S.C. § 1251 et seq. (1972), as amended.

(b) "Council" or "Tribal Council" means the governing body of the Bad River Band of the Lake Superior Tribe of Chippewa Indians.

(d) "EPA" means the U.S. Environmental Protection Agency.

(e) "General Permits" means any and all Nationwide, Regional, General, and other permits written to cover multiple dischargers or activities that are similar in nature issued by the U.S. Environmental Protection Agency, the U.S. Army Corps of Engineers, and the Wisconsin Department of Natural Resources.

(f) "General Permit Review" means review of any and all general permits as defined above.

(g) "Groundwater" means the supply of fresh water found beneath the Earth's surface, usually in aquifers.

(h) "Minimal Impacts to Water Quality" means that the proposed activity is shown by clear and convincing information to not cause any substantial water quality impacts to Reservation Waters and to have a high likelihood of complying with the Tribe's Water Quality Standards.

(i) "Off-Reservation" means all lands and waters outside of the exterior boundaries of the Tribe's Reservation.

(j) "Public Emergency" means a serious or dangerous situation that requires expedited action to avoid endangerment to human health, public safety or the environment, or to reestablish needed public services, which includes but is not limited to, extreme flooding conditions, wildfires, and tornadoes.

(k) "Reservation" means the Tribe's Reservation, described in the Treaty of 1854 as follows: Beginning on the south shore of Lake Superior, a few miles west of Montreal River, at the mouth of a creek called by the Indians Ke-Che-se-be-we-she, running thence south to a line drawn east and west through the centre of township forty-seven north, thence west to the west line of said township, thence south to the southeast corner of the township forty-six north, range thirty-two west, thence west the width of two townships, thence north the width of two townships, thence west one mile, thence north to the lake shore, and thence along the lake shore, crossing Shag-waw-me-quon Point, to the place of beginning. Also two hundred acres on the northern extremity of Madeline Island, for a fishing ground. Ke-Che-se-be-we-she is presently known as Graveyard Creek and Shag-waw-me-quon is now commonly spelled Chequamegon Point.

(l) "Reservation Waters" means any surface water or groundwater located within the exterior boundaries of the Reservation.

(m) "State" refers to the State of Wisconsin and any other state that may issue proposed permits for activities that involve discharges that may affect Reservation waters.

(n) "Surface Water" includes all water naturally open to the atmosphere above the surface of the ground including but not limited to rivers, lakes, reservoirs, ponds, streams (including intermittent streams), impoundments, and wetlands. Surface water does not include waste treatment systems, including treatment ponds or lagoons designed to meet the requirements of the CWA (other than cooling ponds as defined in 40 C.F.R. § 423.11(m) which also meet the criteria for this definition).

(o) "Tribe" and/or "Tribal" refers to the Bad River Band of the Lake Superior Tribe of Chippewa Indians.

(p) "Tribe's Water Quality Standards" means the water quality standards that apply to Reservation Waters that were adopted by Resolution No. 7-6-441 of the Tribe and which may be modified from time to time by the Tribe.

(q) "USACE" means the United States Army Corps of Engineers.

(r) "Usufructuary Rights" means the right for tribal members to use and enjoy the land and its resources.

(s) "Water Quality Certification" means certification under CWA Section 401(a)(1) that a proposed project or activity for which a federal license or permit is required is not expected to cause a violation of relevant water quality standards.

(t) "Water Quality Review" means a review of: (1) whether a discharge originating Off- Reservation may affect the quality of Reservation waters and potentially cause or contribute to non-compliance with the Water Quality Standards; or (2) whether a proposed General Permit adequately protects the quality of Reservation Waters.

(u) "Water Quality Standards" are standards that consist of a designated use or uses for the waters, water quality criteria for such waters, an anti-degradation policy, and other policies or standards.

(v) "WDNR" means the Wisconsin Department of Natural Resources.

(w) "WDNR/EPA Memorandum of Agreement" means the Memorandum of Agreement between the State of Wisconsin Department of Natural Resources and United States Environmental Protection Agency, Region V," approved February 4, 1974.

(x) "Wetlands" means those areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, sloughs, and similar areas.

(y) "WRP" means the Water Resources Program operating within the Tribe's Natural Resources Department.

(z) "WQS" means the Tribe's Water Quality Standards.