3.12.040 Delegation and Scope of Responsibility of the Bad River Water Resources Program

(a) Responsibility. WRP shall have primary responsibility for the processing and initial review of applications for Tribal Water Quality Certifications as provided for under CWA Section 401(a)(1), Tribal Water Quality Reviews under CWA Section 401(a)(2), and Tribal Water Quality Reviews for proposed federal and state permits for Off- Reservation discharges that may affect Reservation Waters.

In performing their duties under this Code, the WRP and the Director may consult with other Tribal agencies, including the Tribal Historic Preservation Office, as appropriate.

(b) Discharges that Originate on the Reservation - Federal Permits. The Tribal Council is authorized to issue Tribal Water Quality Certification(s) to any applicant for a federal permit or license for discharges that originate or will originate within the Reservation. This authority pertains to all activities within the external boundaries of the Bad River Reservation regardless of land ownership. Non-Tribal as well as Tribal members are required to obtain a Tribal Water Quality Certification for discharges within the exterior boundaries of the Bad River Reservation.

(c) Off-Reservation Discharges that may Affect Reservation Waters - Federal Permits. The Director is authorized to communicate with the federal government regarding concerns with or objections to discharges that may affect Reservation Waters, to request a hearing with regard to such discharges, and to appear on behalf of the Tribe at such hearings.

(d) Off-Reservation Discharges that may Affect Reservation Waters - State Permits. The Director is authorized to communicate with the State where a potential discharge may originate and with EPA regarding concerns with or objections to potential discharges that may affect Reservation Waters, to request hearings with regard to such discharges, and to appear on behalf of the Tribe at such hearings.

(e) Permits and Licenses Reviewed. The Tribe's Water Quality Certification reviews and Water Quality Reviews shall be conducted to assess potential impacts to Reservation Waters associated with activities under proposed federal or state permits or licenses including, but not limited to, the following:

(1) "Dredge & Fill" Permits under CWA Section 404 including Nationwide Permits, General Permits, Letters of Permission, and Individual Permits;

(2) Discharge Permits under CWA Section 402 including all permits for discharges from point sources and permits for industrial and construction activities disturbing one (1) or more acres;

(3) Federal Energy Regulatory Commission hydropower licenses and related approvals;

(4) Rivers and Harbors Act § 9 and § 10 permits for activities that have a potential discharge into navigable waters;

(5) State Pollution Discharge Elimination System permits;

(6) State storm water permits;

(7) State permits regarding wetland impacts;

(8) State high-capacity well permits;

(9) State General Permits when adoption of such a permit may affect the quantity or quality of Reservation Waters.