Narrative and numeric criteria are established herein to govern water management decisions within the drainage basins which affect waters of the Reservation and to preserve and enhance the quality of these waters and to protect designated, existing, and other beneficial uses of tribal waters. Persons engaging in new or existing activities or practices that affect water protection criteria for waters of the Reservation are required to obtain a tribal water permit, see Article VIII. Municipal, industrial, commercial, and domestic activities or practices or other activities which produce a point discharge shall be controlled by issuance of a tribal water permit in addition to meeting Clean Water Act Sections 401 and 402 (NPDES) and other requirements, so that all waters meet the following criteria and conditions and so all downstream uses are protected. Certain activities and practices that do not fall within the purview of NPDES regulation shall be regulated by this article and chapter.
A. 
Water protection criteria shall apply to waters of the Reservation during all periods of the year, including low flow water conditions. Criteria shall not be exceeded except where natural background conditions cause such exceedence to occur. All waters of the Reservation shall be free from chemicals, materials, and substances attributable to wastewater or other discharge and nonpoint pollution at levels that are toxic or contribute to violation and/or exceedence of water protection criteria.
B. 
Waters of the Reservation shall meet the following narrative and numeric criteria. Additionally these criteria, consistent with Article VI, Antidegradation Policy, shall serve as the basis for development of effluent limitations applicable to point source dischargers through NPDES permits and for tribal water permit purposes.
Narrative criteria shall apply to govern water management decisions and activities that affect waters of the Reservation and to protect and enhance water quality. The following criteria shall apply:
A. 
Substances that will cause objectionable deposits on the shore or in the bed of a body of water shall not be present in amounts found to be of public health significance or nuisance, nor in amounts which are harmful to animal, plant or aquatic life.
B. 
Floating or submerged debris, oil, scum or other material shall not be present in amounts found to be of public health significance or nuisance, nor in amounts which are harmful to animal, plant or aquatic life.
C. 
Substances and materials producing color, odor, taste, turbidity, or unsightliness shall not be present in amounts found to be of public health significance or nuisance, nor in amounts which are harmful to animal, plant or aquatic life.
D. 
Substances, chemicals, and materials shall not be present in amounts that produce, or contribute to the production of, nuisance aquatic life.
E. 
All waters shall at all places and at all times be free from hazardous substances, toxic, corrosive, or other deleterious substances, chemicals, and materials which, alone or in combination with other substances or in combination with other components of discharges or their breakdown products, are acutely or chronically toxic, carcinogenic, or teratogenic and injure or bioaccumulate, biomagnify, bioconcentrate, or produce adverse physiological responses in human beings and/or fish and aquatic life or which interfere directly or indirectly with designated, existing or other uses. Certain exceptions may be granted for limited mixing zones; see Article VIII, Tribal Water Permit.
F. 
All waters shall be free from exotic nuisance species, e.g., purple loosestrife, sea lampreys, Eurasian milfoil, zebra mussels, etc.
G. 
All waters shall at all places and at all times be free from unauthorized discharges of substances, structures, or objects.
H. 
Toxic, radioactive, nonconventional, or deleterious material(s), hazardous waste, hazardous material, or other unauthorized discharges of substances shall not be present in waters of the Reservation.
I. 
Activities that damage the beauty, stability and integrity of waters of the Reservation shall be avoided.
J. 
Biological/ecological communities associated with waters of the Reservation and their biotic and abiotic components and relationships shall be protected. The Wolf River is identified as a resource of special significance. The Wolf River is a complex ecosystem characterized by the presence of:
(1) 
Balanced populations of rare and common species, including but not limited to brook, rainbow, and brown trout, walleye, lake sturgeon, salamander, slippershell and snuffbox mussels, bald eagle, osprey, red-shouldered hawk, pine marten, black bear, river otter, sandhill crane, odanate, plecopteran, tricopteran, ephemeropteran, and a plethora of more common furbearers, waterfowl, shorebirds, and other vertebrate, invertebrate, and plant species;
(2) 
Diverse unique habitats, including but not limited to wild rice beds, grass islands, thousands of acres of associated wetlands, marshes, swamp conifer and swamp hardwood forest types, breeding and migratory waterfowl habitats, staging areas, nursery areas, white water rapids, waterfalls, dells, granitic outcroppings, riffles and pools, springs, mudflats, sandbars, and spawning areas for numerous fish species, including trout and lake sturgeon; and
(3) 
Associated ecological phenomenon, including but not limited to historic and natural spawning migration, including trout, lake sturgeon, and walleye, predator-prey relationships, e.g., raptor-piscivore and piscivore-piscivore relationships, groundwater and surface water interactions, altruism and other ethological occurrences, and symbiotic relationships between different species.
K. 
In order to preserve the Wolf River ecosystem, the wild and scenic nature of the river, the diversity of life that depends on the river and its resource value and uses to the Tribe at its present high quality, water quality and quantity in the Wolf River shall be maintained and protected. Conditions that must be met are specified below:
(1) 
Toxic substances or pollutants shall not be present in the ONRW designated waters of the Wolf River at levels that exceed natural and background concentrations.
(2) 
Flow shall meet naturally occurring rates and levels, i.e., run-of-river conditions.
(3) 
Temperature, dissolved oxygen, pH, dissolved and suspended solids, dissolved and total carbon, hardness, conductivity, and turbidity levels shall be maintained within the range(s) of natural seasonal and daily variability for the protection of fish, aquatic life and wildlife. The quality and quantity of Wolf River water supporting wild rice shall sufficiently support the propagation and maintenance of healthy wild rice ecosystems.
A. 
Numeric criteria shall apply to all waters of the Reservation in order to govern water management decisions and activities that enter and/or affect these waters and to protect and enhance water quality. Numeric criteria concentrations shall not be exceeded in waters of the Reservation. No release of substances is permitted which alone or in combination with other substances, or in combination with other components of discharges, or their breakdown products and/or metabolites, would be acutely or chronically toxic, carcinogenic, teratogenic, or otherwise cause significant adverse biological affects to the functions and uses of subject waters and injure or bioaccumulate, bioconcentrate, or produce adverse physiological responses in human beings and/or fish and aquatic life or interfere directly or indirectly with designated, existing, or other uses. The synergistic effects of a proposed discharge and existing discharges and naturally occurring conditions shall also be considered. The following numeric criteria shall apply to waters of the Reservation. (Note: More stringent effluent limitations than those specified herein may be imposed at the discretion of the Director for any pollutant where necessary to meet water quality standards for water receiving the treated discharge.)
B. 
The criteria of the Water Quality Standards for the Great Lakes System found at 40 CFR Part 132 are incorporated by reference as minimum numeric criteria for water bodies (including wetlands) that comprise part of the Great Lakes drainage.
C. 
Where applicable, and for isolated waters (including wetlands), the Department shall employ the National Water Quality Criteria [corrected April 1999, EPA-822-Z-99-001 as amended (http://www.epa.gov/waterscience/pc/revcom.pdf)] in place of or in addition to the numeric criteria identified in this article. The Department shall use its discretion to employ numeric criteria consistent with the overall purpose and goals of these standards when considering discharge proposals for isolated waters. In all cases, uses shall be protected and maintained.[1]
[1]
Editor's Note: The tables which immediately followed this section are now included at the end of this chapter.
The analytical testing methods used to measure or otherwise required to evaluate discharge proposals and compliance with water quality criteria and standards shall, to the extent practicable, be in accordance with the Guidelines Establishing Test Procedures for the Analysis of Pollutants (40 CFR Part 136, as amended) and/or the most recent edition of Standard Methods for the Examination of Water and Wastewater (published by the American Public Health Association, American Water Works Association, and the Water Environment Federation) and/or other generally acceptable scientific procedures employed with the concurrence of the Department.
A. 
For evaluations of toxicity of non-GLI waters, bioassay techniques will be selected as suited to the purpose at hand at the discretion of the Director. As a general guideline bioassays will be conducted using fish and other organisms that are indigenous to the receiving waters and water quality conditions which approximate those of the receiving waters.
B. 
The Director may also require analytical methods consistent with those found in Ch. NR 219, Wis. Adm. Code, as requirements to fulfill the objectives of this section.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
In addition to numeric and narrative criteria established above, designated uses shall be protected according to the following additional criteria. These criteria shall be met at all times, except where seasonal and natural background conditions prohibit meeting these criteria.
A. 
Fish, wildlife, and aquatic life use protection. Natural physico-chemical characteristics of waters, including dissolved oxygen, temperature, suspended solids, dissolved ions, pH, conductivity, alkalinity, and oxygen demand, are very important in determining the status of that particular ecosystem and its ability to support various groups of organisms living in that community. Deviations from natural conditions and characteristics, for even short periods of time, can be detrimental and/or cause stress to aquatic community ecosystems. The following water quality criteria are established to protect aquatic life, and, except for natural conditions, all waters of the Reservation shall meet the following criteria, and also apply to all publicly owned treatment works and all privately owned domestic sewage treatment works which discharge to surface waters. Additional regulations apply to private on-site wastewater treatment systems (POWTS) which are regulated by Chapter 495, Article I, Private Sewage Systems, of this Code.
(1) 
Dissolved oxygen. The dissolved oxygen content in rivers, streams, and creeks of the Reservation shall not be lowered to less than seven mg/l at any time, or lowered to less than five mg/l for lakes. The daily minimum effluent dissolved oxygen level shall be 4.0 mg/l.
(2) 
Temperature. There shall be no temperature changes that may adversely affect fish and aquatic life; natural daily and seasonal temperature fluctuations shall be maintained. [Note: Temperature and dissolved oxygen levels for waters of the Reservation, especially waters designated as trout waters and cold water ecosystems, may not be altered from natural background conditions and levels to such an extent that trout populations and other indicator species are adversely affected, especially during spawning seasons (approximately early April to mid May and mid September to the end of October; depending upon water temperature and other factors).]
(3) 
pH. The pH shall not be altered more than 0.5 unit outside of the natural conditions. Natural daily and seasonal pH fluctuations shall be maintained. The effluent pH should be within the range of 6.0 to 9.0.
(4) 
Discharges of substances are not permitted that alone or in combination with other materials present are toxic to fish and other aquatic life, including wild rice, wildlife, trout, lake sturgeon, and other species.
(5) 
Effluent limitations. Publicly owned treatment works and privately owned domestic sewage treatment works, which are facilities that treat domestic wastewater, shall meet as a minimum the effluent limits specified:
(a) 
Where the receiving water consists of cold water communities, warm water sport fish communities, and warm water forage fish communities:
[1] 
The following effluent limits for BOD5 apply:
[a] 
The thirty-day average may not exceed 30 mg/l.
[b] 
The seven-day average may not exceed 45 mg/l.
[c] 
The thirty-day average percent removal may not be less than 85%.
[2] 
The following effluent limits for SS apply:
[a] 
The thirty-day average may not exceed 30 mg/l.
[b] 
The seven-day average may not exceed 45 mg/l.
[c] 
The thirty-day average percent removal may not be less than 85%.
[3] 
The effluent pH shall be within the range of 6.0 to 9.0.
[4] 
Upon request by the permittee, the Department may substitute the parameter CBOD5 for the parameter BOD5 and the following effluent quality levels of CBOD5 shall be applicable:
[a] 
The thirty-day average may not exceed 25 mg/l.
[b] 
The seven-day average may not exceed 40 mg/l.
[c] 
The thirty-day average percent removal may not be less than 85%.
[5] 
More stringent effluent limitations than those specified may be imposed for any pollutant where necessary to meet water quality standards for water receiving the treated discharge.
(b) 
Where the receiving water is only capable of supporting limited communities of forage fish and other aquatic life:
[1] 
The following effluent limits for BOD5 apply:
[a] 
The thirty-day average may not exceed 15 mg/l.
[b] 
The daily maximum may not exceed 30 mg/l.
[c] 
The thirty-day average percent removal may not be less than 85%.
[2] 
The following effluent limits for SS apply:
[a] 
The thirty-day average may not exceed 20 mg/l.
[b] 
The daily maximum may not exceed 30 mg/l.
[c] 
The thirty-day average percent removal may not be less than 85%.
[3] 
The following effluent limits for NH3 -N apply:
[a] 
The seven-day average may not exceed 3.0 mg/l from May 1 through October 31.
[b] 
The seven-day average may not exceed 6.0 mg/l from November 1 through April 30.
[4] 
The effluent pH shall be within the range of 6.0 to 9.0.
[5] 
The daily minimum effluent dissolved oxygen level shall be 4.0 mg/l.
[6] 
Upon request by the permittee, the Department may substitute the parameter CBOD5 for the parameter BOD5 and the following effluent quality levels of CBOD5 shall be applicable:
[a] 
The thirty-day average may not exceed 12 mg/l.
[b] 
The daily maximum may not exceed 25 mg/l.
[c] 
The thirty-day average percent removal may not be less than 85%.
[7] 
More stringent effluent limitations than those specified may be imposed for any pollutant where necessary to meet water quality standards for water receiving the treated discharge.
(c) 
Where the receiving quality or habitat severely limits the capability to support communities of aquatic life due to natural circumstances:
[1] 
The following effluent limits for BOD5 apply:
[a] 
The thirty-day average may not exceed 20 mg/l.
[b] 
The seven-day average may not exceed 30 mg/l.
[c] 
The thirty-day average percent removal may not be less than 85%.
[2] 
The following effluent limits for SS apply:
[a] 
The thirty-day average may not exceed 20 mg/l.
[b] 
The seven-day average may not exceed 30 mg/l.
[c] 
The thirty-day average percent removal may not be less than 85%.
[3] 
The effluent pH shall be within the range of 6.0 to 9.0.
[4] 
The daily minimum effluent dissolved oxygen level shall be 4.0 mg/l.
[5] 
Upon request by the permittee, the Department may substitute the parameter CBOD5 for the parameter BOD5 and the following effluent quality levels of CBOD5 shall be applicable:
[a] 
The thirty-day average may not exceed 25 mg/l.
[b] 
The seven-day average may not exceed 40 mg/l.
[c] 
The thirty-day average percent removal may not be less than 85%.
[6] 
More stringent effluent limitations than those specified may be imposed for any pollutant where necessary to meet water quality standards for water receiving the treated discharge.
(d) 
Where it is determined by the Department that one or more factors in Subsection A(5)(a) to (c) may interfere with the objectives and requirements of this chapter, a variance from the criteria may be considered by the Department, provided that existing uses of the receiving waters are protected and maintained. Certain waters of the Tribe may not be capable of providing viable habitat for propagation of fish, shellfish, wildlife, recreation in and on the water, or other uses because of:
[1] 
The presence of in-place pollutants;
[2] 
Low natural stream flow;
[3] 
Natural background conditions; and
[4] 
Irretrievable cultural alterations.
B. 
Recreational use protection.
(1) 
Recreational water fecal coliform density from the last five successive sets of samples collected on five different days within a thirty-day period shall not exceed a geometric mean of 300 per 100 milliliters (ml) nor shall the fecal coliform density of any sample exceed 1,000 per 100 milliliters. When it is determined that recreational water must be closed, daily samples shall be collected and analyzed during the period of closure. The recreational water may be reopened if the fecal coliform density in two consecutive daily samples is less than 200 per 100 milliliters.
(2) 
The EPA has suggested that E. coli or enterococci organisms shall be used in addition to fecal coliform as indicators of the water quality fully supporting recreational uses. A geometric mean of five samples should not exceed 126 E. coli organisms per 100 milliliters or 33 enterococci organisms per 100 milliliters. A single sample should not exceed 235 E. coli or 61 enterococci organisms per 100 milliliters.
(3) 
If contamination is indicated by the criteria in Subsection B(1) or (2), water samples should be analyzed for fecal streptococcus and staphylococcus to aid in identifying the source of contamination. If there is evidence of complaints of eye, ear, nose, throat, or skin irritation, the water should be analyzed for otitis externs. The Menominee Tribe/Indian Health Service sanitary survey should also be considered.
C. 
Cultural use and ceremonial, religious, and spiritual use protection.
(1) 
Natural characteristics of waters of the Reservation necessary for the protection of Menominee cultural, ceremonial, religious, and spiritual uses of waters shall be maintained and protected. These characteristics shall include but not be limited to water quality, water quantity, other hydrologic and hydraulic factors, and (existing) biological/ecological communities. Especially significant are water factors related to, or that may adversely affect, the existence of wild rice and sturgeon populations within the waters of the Reservation.
(2) 
Waters of the Reservation shall be maintained and protected in such an ecological condition that will allow (traditional) Menominee educational uses associated with waters of the Reservation to continue perpetually. Cultural education uses shall include, but not be limited to, ethnohydrological learning experiences that are passed from one generation to the next regarding the harvest of plants and animals. Certain cultural, ceremonial, religious, and spiritual uses involve primary direct contact with water; therefore, National Primary Drinking Water Standards shall apply. Additionally, waters of the Reservation shall be protected for public drinking water supply use.
D. 
Fish and wildlife habitat and natural food chain maintenance use protection.
(1) 
Substances at levels that may damage fish and wildlife and their habitats, natural food chain maintenance, human health, designated uses and other values, e.g., human consumption of fish and wildlife, and may further result in restrictions on fish and wildlife consumption, or other impairment of uses, shall be prohibited. Substances capable of changing the chemical, physical, or biological integrity of the waters of the Reservation sufficient to cause any of the following are prohibited:
(a) 
Restrictions on fish and wildlife consumption.
(b) 
Tainting of fish and wildlife flavor.
(c) 
Degradation of fish and wildlife populations.
(d) 
Fish tumors or other deformities.
(e) 
Bird or animal deformities or reproduction problems and/or bioaccumulation in these animals.
(f) 
Degradation of benthos.
(g) 
Restrictions on dredging activities and contributions to the need for the same.
(h) 
Eutrophication or undesirable algae.
(i) 
Restrictions on drinking water consumption or taste and odor problems.
(j) 
Beach closings or other recreational impairments.
(k) 
Degradation of aesthetics.
(l) 
Added costs to agriculture, forestry, or industry.
(m) 
Degradation of phytoplankton and zooplankton populations.
(n) 
Loss of fish and wildlife habitat.
(2) 
Furthermore, the quality of waters capable of supporting wild rice shall be of sufficient quantity and quality as to permit the propagation and maintenance of healthy wild rice ecosystems in rivers, streams, creeks, and lakes.
Site-specific criteria may be developed by the Tribe, or required of an applicant, in order for the Department to adequately consider a discharge proposal. For waters within the Great Lakes basin, criteria shall be developed consistent with Appendix F to 40 CFR Part 132, March 23, 1995 (Site-Specific Modifications to Criteria and Values), and the following:
A. 
Aquatic life criteria. Refer to Appendix A to 40 CFR Part 132, March 23, 1995, for Great Lakes water quality initiative methodologies for developments aquatic life criteria and values.
B. 
Bioaccumulation factors. Refer to Appendix B to 40 CFR Part 132, March 23, 1995, for Great Lakes water quality initiative methodologies for deriving bioaccumulation factors.
C. 
Human health criteria. Refer to Appendix C to 40 CFR Part 132, March 23, 1995, for Great Lakes water quality initiative methodologies for development of human health criteria and values.
D. 
Wildlife criteria. Refer to Appendix D to 40 CFR Part 132, March 23, 1995, for Great Lakes water quality initiative methodologies for development of wildlife criteria.