3.12.110 Water Quality Review Procedures for Discharges That Originate Off-Reservation (State Permits/Licenses)

The Tribe shall make determinations and provide notifications regarding proposed state licenses or permits pertaining to Off-Reservation discharges that may affect Reservation Waters, as provided under the 1974 WDNR/EPA Memorandum of Agreement, pursuant to the following process:

(a) State Provision of Information. The WRP shall request that the State provide it with: (1) water-quality-based-effluent-level memoranda used to prepare the proposed permit decisions when those memoranda are prepared; and (2) copies of the proposed permit decisions at the same time they are provided to applicants. If possible, the Tribe shall enter into a Memorandum of Understanding or other agreement with the State for it to provide the above documentation to the Tribe on the above schedule.

(b) Applications. The State shall provide the WRP copies of the proposed permit decisions, including decisions regarding coverage under a General Permit or issuance of an Individual Permit, no later than when proposed permit decisions have been publicly noticed.

(c) Review Requests. The State shall provide notification of the proposed permits to be reviewed to the WRP at the following address:

Bad River Natural Resources Department

Attn: Water Resources Specialist

PO Box 39

Odanah, WI 54861

wqs@badriver-nsn.gov

(d) Monitoring. To the best of the WRP's ability given resource and time constraints, the WRP shall monitor proposed state permit processes relating to discharges that may affect Reservation waters. If the WRP learns of such proposed permits, the WRP shall contact the State and EPA to indicate the potential effect on Reservation waters and therefore that the requirements of this Code and the WDNR/EPA Memorandum of Agreement must be met.

(e) Completeness Determination. Upon receipt of notification from the State or otherwise becoming aware of a proposed permit related to a discharge that may affect Reservation Waters, the WRP shall evaluate the completeness and accuracy of the available information regarding the proposed discharge. If any information needed to evaluate the potential impact of the proposed discharge on Reservation waters is not available to the WRP, it may request the needed information from the State or the applicant.

(f) Water Quality Review, Recommendation, and Decision. The WRP shall conduct a Water Quality Review to analyze whether the proposed discharge originating Off- Reservation will result in a violation or violations of the Tribe's WQS or have other effects on Reservation Waters, and will provide a recommendation to the Director regarding how to respond to the State including the basis for that recommendation. The Director will then make one of three possible decisions:

(1) To direct the WRP to notify the State that it does not have concerns with the proposed permit;

(2) To direct the WRP notify the State and the EPA of the Tribe's concerns with the proposed permit based on impacts to the Reservation Waters, the basis for such concerns, and any recommendations to address the concerns. The WRP shall provide the concerns and recommendations to the State in writing and may include a request for a public hearing on the matter; or

(3) To direct the WRP to notify the State of recommendations regarding the proposed permit even if the discharge is not anticipated to result in a violation of the Tribe's WQS. The recommendations will be in writing and may include a request for a public hearing on the matter.

(g) Timeline. All submittals shall be made to WDNR within thirty (30) days of the publication of public notice related to the proposed permit.

(h) State Response. If the State does not accept, in whole or in part, any of the Tribe's recommendations regarding the proposed permit, the State shall immediately notify the Director in writing of the reasons for doing so. Upon receiving such notice, the Director shall meet with the WRP to determine whether discussions with the State or EPA are advisable to protect Reservation Waters. If the Director determines that additional discussions with the WDNR and/or EPA are advisable, the Director or the WRP shall contact the WDNR and/or EPA regarding the proposed permit and the changes needed to protect the Reservation Waters. The Director may request EPA's involvement as described in 40 CFR 131.7 to address issues that may arise because of differing WQS on common bodies of water.