3.12.120 Water Quality Review Procedures for General Permits

(a) General Permit Review. When developing General Permits or modifications to General Permits that may apply to potential projects that could result in discharges affecting Reservation Waters, federal agencies, including but not limited to the USACE and EPA, and state agencies, including but not limited to WDNR, shall provide the proposed General Permit or the proposed modification to the General Permit to the WRP for Water Quality Review.

(b) General Permit Initial Contact. Within 120 days of the passage of this Code, the WRP shall provide in writing a list of General Permits it will review to applicable federal and state agencies.

(c) General Permit Monitoring. To the best of the WRP's ability given resource and time constraints, the WRP shall monitor proposed federal and state proposed General Permits and proposed modifications to General Permits that could apply to proposed activities potentially effecting Reservation Waters. If the WRP learns of such proposed General Permits or proposed modifications to General Permits, the WRP shall contact the relevant federal or state agency to indicate the potential effect on Reservation Waters, and therefore that the requirements of this Code must be met.

(d) General Permit Water Quality Review. Upon receipt of the proposed General Permit or proposed General Permit modification, the WRP shall evaluate whether it provides for adequate protection of the Reservation Waters including protection against violations of the Tribe's WQS. If any information is needed to evaluate whether the proposed General Permit or proposed modification to General Permit adequately protects Reservation Waters, including protection against violations of the Tribe's WQS, the WRP may request that needed information from the relevant federal or state agency and may also request to meet and confer with the relevant agency.

(e) Water Quality Review, Recommendation, Decision, and Determination. The WRP shall conduct a Water Quality Review to analyze whether the proposed General Permit or proposed modification to General Permit adequately protects Reservation Waters, including protection against violations of the Tribe's WQS, and will provide a recommendation to the Director regarding how to respond to the federal or state agency including the basis of that recommendation. The Director will then make one of two possible determinations:

(1) To direct the WRP to notify the federal or state agency that it does not have concerns with the proposed General Permit or the proposed modification to the General Permit; or

(2) To direct the WRP to notify the relevant federal or state agency of the Tribe's concerns with the proposed General Permit or modification to the General Permit based on impacts to the Reservation Waters, the basis for such concerns, and any recommendations to address such concerns. The WRP shall provide the concerns and recommendations to the federal or state agency in writing and may request a meeting with the relevant federal or state agency regarding the matter to protect the Reservation Waters.