Section ENV.04.07 — Control Regulations

(a) The Commission shall promulgate control regulations for the following purposes:

(1) To describe prohibitions/standards, concentrations, and effluent limitations on the extent of specifically identified pollutants, such as any of those mentioned in Section ENV.04.06 that any person may discharge into any specified class of reservation waters;

(2) To describe pre-treatment requirements, prohibitions, standards, concentrations, and effluent limitations on waste any person may discharge into any specified class of water of the reservation from any facility, process, activity, or waste pile including but not limited to: forest resources; pulp and paper mills; paperboard, builders paper and board mills; meat product and rendering processing; canned and preserved fruits and vegetables processing; sugar processing; organic chemicals manufacturing; oil and gas transportation; electric power plants; leather tanning and finishing; timber products processing.

(3) To describe precautionary measures, both mandatory and prohibitory, that must be taken by any person owning, operating, conducting, or maintaining any facility process, activity, or waste pile that does or might cause pollution of any waters of the reservation in violation of control regulations or cause the quality of any waters of the reservation to be in violation of any applicable water quality standard.

(b) In the formulation of each control regulation, the Commission shall consider the following:

(1) The need for regulations that control discharges of specified pollutants that the subject of water quality standards for the receiving waters of the reservation;

(2) The degree to which any type of discharge is subject to treatment, the availability, practicality, and technical and economic feasibility of treatment techniques; and the extent to which the discharge to be controlled is significant;

(3) The continuous, intermittent, or seasonal nature of the discharges to be controlled;

(4) Whether a regulation that is to be applicable to discharges into flowing water should be written in such a way that the degree of pollution tolerated or treatment required will be dependent upon the volume of flow of the receiving water or the extent to which the discharge is diluted therein, or the capacity of the receiving water to assimilate the discharge; and

(5) The need for specification of safety precautions that should be taken to protect water quality including, but not limited to; requirements for the keeping of logs and other records, requirements to protect subsurface waters in connection with mining exploration and surface mining and the drilling and operation of wells, and requirements as to settling ponds, holding tanks, and other treatment facilities for water that will or might enter reservation waters.

(c) The Commission shall coordinate and cooperate with the Tribal Attorney, the Tribal Health Board, and Natural Resource offices having regulatory powers in order to avoid promulgating control regulations that would be either redundant or unnecessary.