Pago 4
Water Quality
Spllyay Tymoo
StatementAssessments on projects (Timber Deschutes River drainage
sales, roads, trails, etc.).
BIA - 25 CFR 166.6 as Trustee, Land
Operations, in cooperation with Tribal
Natural Resources, administers range lands
in conjunction with the Tribe's Range
Management Plan and Zoning Ordinance.
Enforcement: Tribal and BIA.
OPTIONS:
1. No Action
2. Implement monitoring program for soils
and reduce compacted acreage
3. Define responsibilityauthority, develop
laws on soils
4. Adopt & implement IRMP by enforcing
standards
5. Amend Range and Agriculture Code;
Section 460.104. Add a mandatory section
dealing with riparian protection to grazing
unit plans.
Joint Committee recommends 's 2-5
Commission. Adopted September 9, 1981 the protection of underground sources of
- Section 2 - This covcrns conditions under drinkine water. For example, the Act
OPTIONS: which water supplies, sewage disposal and prohibits well injections in areas where an
1. No Action solid waste collection will be provided by underground water source is present.
2. Prepare a formal action plan involving Warm Springs Utility Commission (Tribal
govcrnment-to-government agreements Utility Department and Plant Management The Clean Water Act - The Clean Water
andor law on transportation of hazardous of Act, formerly known as the Federal Water
materials through reservation. Pollution Control Act, was passed in 1972
3. Install protective barriers at likely soill - Ordinance contains no provisions relating and amended in 1987. The Act regulates
sites.
Joint Committee recommends 's 2-3.
EXISTING TRIBAL
ENVIRONMENTAL LAWS
WATER CODE - Ordinance No. 45 adopted
the official Water Code which consists of
the "Water Resource Inventory and Water
Management Plan for the Warm Springs
Reservation", the "Implementing Provisions
of the Warm Springs Management Plan,"
and established a three-member Water
Control Board (hereinafter WCB).
to water quality, pollution
environmental regulation.
or other
ZONING AND LAND USE CODE
the discharge of pollutants into waters of the
Nation through a permit system known as
the National Pollutant Discharge Elimination
System (NPDES). The Act's goal is to
WSTC Chapter 4 11.001 -Purpose of Zoning eliminate of the discharge of pollutants into
and Land Use Code is to provide protection the nations waters. The Act makes
and orderly development of reservation unlawful the discharge of pollutants if in
lands and resources. The code establishes violation of the standards set forth in the
various zones and the permitted uses and NPDES permit.
standards within those zones.
ANTIQUITIES ORDINANCE NO. 68 .
WSTC Chapt. 490 - Protection and
Management of Archeological, Historical
and Cultural Resources.
B. Lngwps
ISSUE STATEMENT: Existing lagoon
sewage treatment facilities (4 community
and 2 industrial) are nearing capacity and no
longer comply with the Clean Water Act.
New methods to meet EPA standards could
be additional ponds, filtering systems, or
possibly a new sewage treatment plant. All
three methods are expensive and require
additional yearly operating funds. A
proposal is being considered to allow the
over-flow of treated water into wetlands.
-Managing existing lagoonsneed tribal
permit system for discharges
-Permittingbuilding new sites
-Oil Ponds, wastewater lagoons (mostly at
WSFPI), and clean-up procedures
-Tertiary treatment (nutrient removal) i.e.
sludge
-Sewer System (pipe) upgrade by BIA
-KahNeeTa lagoon adequacy
-Water Quality in Deschutes River
-Odor
The 1987 amendments afforded Indian tribes
the same treatment as states for specific
purposes of the Act. One provision allows
tribes to take over control of certain Clean
Water Act programs within reservation
boundaries.
The Water Code provides that, before an
activity is initiated in a watershed area, a
plan must be submitted to ensure that water
quality is not impaired. The Watermaster
makes periodic water quality checks of
public domestic water sources and reports management planning.
infractions of the Implementing Provisions
to the WCB.
490.001 - Policy and intent is to protect and
preserve cultural sites and materials which Integrated
include foods and other natural resources: (IRMP) - Forested Area
information on ancient, cultural and historic provide guidelines for
Resource Management Plan
It' purpose is to
future use and
sites will be incorporated into land use
490.001(4) - All land use actions taken
pursuant to tribal land use code must take
into consideration possible impact of land
use action on archeological, historic and
cultural sites and materials.
490.010(4) - Cultural material includes fish,
game, roots, berries, cedar bark and water
-Tribal Law and Order Code and resources
of the Tribal Police and Tribal Court can be
used to enforce provisions using fines not to
exceed $360.00, up to six months in jail or
both.
-Water quality guidelines provide that any
public water supply system, serving fifty or having special significance.
more people must record information for
Tribal Council or its delegated authority; 490.100 - No person knowing or having
monthly analysis of public water supplies reason to know that a protected site (which
that serve twenty five families or more, includes cultural materials) is impacted shall
samples to be submitted to an approved excavate, injure or remove damage or alter
laboratory. If reports indicate unsafe water,
the individual responsible for operation of
the water supply will immediately take
action to correct sanitary defects.
Wastewater treatment facilities discharge -Incorporated into guidelines are criteria for
into rivers. Discharges require a National aerobiotic digestion sewage treatment plants
Pollutant Discharge Elimination System and the design of domestic sewage lagoons
(NPDES) Permit issued by EPA.
and stabilization ponds. WCB supervises
management of these guidelines.
The "Implementing Provisions of the Water
Management Plan" were established by the
WCB and approved by Tribal Council in
Resolution 5772 in 1980. The Provisions
require permits for use of water, and
Need: Facilities are at or near capacity for
discharge standards (requires tribal permit
for sighting and construction and EPA
permit for discharge). There is a need to
upgrade lagoons to meet standards. The
systems have main and service line
infiltration problems (groundwater and leaky provide that:
faucets) along with storm drains adding to
the near capacity flows. Therefore. -Watermaster has authority to refer permit
continuing with EPA enforcement and applications for hearings before WCB if
updating systems to meet tribal growth (as public interest adversely affected;
to EPA and Tribal standards) is appropriate. -WCB can deny permit;
Considering that the tribe is lacks suitable -Appeals can be made to Tribal Council;
-Tribal Court has full equitable powers;
-Tribal Police have full powers;
-Watermaster can initiate "Critical Ground
Water Area" proceedings if water quality
issues arise in connection with new wells or
alterations of an existing well;
-WCB can make "Critical Ground Water
Area" determinations and issue orders to
abate or seal wells that pollute ground water
supplies;
-Watermaster shall use 1977 Safe Drinking
Water Act standards for drinking water;
utility departments to monitor the public
water supply system, sampling for coliform
bacteria, chlorine residuals turbidity, organic
and inorganic chemicals. No wastes shall
be discharged and no activities shall cause
violation of water quality standards. Section
4.5 of the Implementing Provisions requires
treatment prior to discharge of any waste
from any new or modified facility into any
waters of the reservation;
-WCB may use Health and Sanitation
Ordinance No. 54.
sites for new systems, emphasis will be
given to the design of cost effective
alternative methods.
Responsibility:
Enforcement: EPA and Tribe
Monitoring: EPA, IHS and Tribal
Management: Tribal
OPTIONS:
1. No Action
2. Upgrade systems to comply with
TribalEPA standards, use 20 yr population
growth projections, and explore alternative
methods to dischargetreatment.
3. Update Water Code Standards for design
and discharge once water negotiations are
complete.
The Joint Committee recommends 2.
C. Hazardous Materials:
ISSUE STATEMENT: Several spills have
occurred near water sources on Hwy 26
within the reservation boundaries. Concern
that a Burlington Northern Railroad spill
could cause a major pollution problem in the
Deschutes River has also been expressed.
-Response and enforcement authority unclear
-Transportation of hazardous materials (BIA
spilled herbicides while transporting)
-Mill wastes (oil products, waste water, and
chemicals)-
-Underground storage tanks
-Solid waste
-Upstream hazardous waste spills in the
HEALTH AND SANITATION
ORDINANCE N0.54 H973) - Governs
construction and use of water supply and
waste disposal facilities; sewage disposal
system must meet public health standards;
discusses solid waste management, storage,
collection and disposal. Ordinance is
lacking in detail and substance.
ORDINANCE NO. 62 - Rules and
Regulations of the Warm Springs Utility
the site unless authorized by Tribal Council
permit. Land Use Committee develops
procedural rules before permits are issued.
EXISTING FEDERALSTATE
ENVIRONMENTAL LAWS
The United States Environmental Protection
Agency (EPA) is charged with administering
most federal environmental laws. Some of
these laws allow EPA to authorize states and
Indian tribes to develop their own
environmental protection agencies to enforce
the minimum federal standards or more
stringent state and tribal laws. In 1984, EPA
issued a policy recognizing tribal
governments as the primary parties for
making environmental policy decisions and
managing environmental programs for their
reservations, consistent with EPA standards
and regulations.
The State of Oregon has its own
environmental laws, some of which mirror
the federal laws. These laws do not apply to
the reservation. EPA has authorized Oregon
to administer most of the various programs
relating to water quality.
Since Oregon does not have jurisdiction to
operate water quality programs on the
reservation, EPA retains authority.
However, as discussed below, some federal
laws allow EPA to delegate authority to
Indian tribes.
Safe Drinking Water Act (SDWA) -The
Safe Drinking Water Act was enacted in
1974 and amended in 1977 and 1986. The
1986 amendments afforded tribes the same
treatment as states for specific purposes of
the Act. One of the provisions allows tribes
to achieve "primacy" to assume control of
the Public Water Supply System and
Underground Injection Control programs
under the Act.
Basically, the Act requires compliance with
drinking water standards that set the amount
and type of contaminants that can be present
in drinking water. The Act only applies to
public water systems, which include systems
that serve water to at least 25 persons.
Currently the 1977 SDWA Standards are in
effect on the reservation under the
Implementing Provisions.
Another program under the Act deals with
preservation of forest resources and to serve
as a oasis ior aecision-maxing oy inoai
Council and Tribal Management. Non-forest
areas will also be covered by the plan.
IRMP Overall Goals:
1. Provide for long-term productivity of all
resources.
2. Provide for sustainable economic and
employment opportunities for present and
future.
3. Preserve, protect and enhance
environmental and cultural values.
4. Sustain traditional, subsistence and other
cultural needs of current and future
generations of tribal members.
5. Provide for the protection of public health
and safety.
6. Manage for diversity and stability of the
forest ecosystem.
Water Quality - On-reservation streams meet,
the chemical water quality standards adopted
in the Implementing Provisions of the Tribal
Water Code most of the time; temperatures
exceed standards for weeks during the late
summer and early fall months; sediment and
turbidity levels are also a problem in some
streams during run-off events; over 50 of
the streams have been impacted by
management activities.
Water Resources Objective No. 4 is to
establish and enforce water quality standards
to provide protection of public health and
the conservation of plant, aquatic and animal
life.
National Indian Forest Resources
Management Act -In November of 1990,
Congress passed the National Indian Forest
Resources Management Act (NIFRMA).
Section 309 of the Act requires the Secretary
of the Interior to comply with tribal laws
pertaining to forest lands, including laws
regulating the environment, and to assist
tribes in the enforcement of such laws.
OTHER
IHS - Environmental Health Program - The
IHS branch of Environmental Health
Services currently has no enforcement
authority or direct responsibility. IHS
provides technical assistance, consultation,
advice and training, rather than direct
performance of services for environmental
implementation. This is a critical and often
misunderstood distinction. One function of
Environmental Health Services is designed
to assure safe water supplies, and prevent
waterbome diseases. This is done through a
program of surveillance of water supplies
and by encouraging the proper use,
operation and maintenance of water
supplies. Sanitary surveys of community
water systems are a part of surveillance.
Technical assistance and consultation is
provided in regard to water quality, water
availability, construction of water systems,
operation and maintenance, and related
topics, (see ENVIRONMENTAL HEALTH
PROGRAM UNMET NEEDS ASSESSMENT
for the Warm Springs Indian Reservation,
Jan., 1988)