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Summary of the Proposed Water Quality Standards for Surface Waters on the Southern Ute Indian Reservation and Clean Water Act Section 401 Certification Procedures

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Summary of the Proposed Water Quality Standards for Surface Waters on the Southern Ute Indian Reservation and Clean Water Act Section 401 Certification Procedures On March 28, 2018, the U.S. Environmental Protection Agency approved the Southern Ute Indian Tribe’s application to be treated in a similar manner as a state for purposes of the Clean Water Act’s water quality standards and section 401 water quality certification programs. At the direction and with the support of the Southern Ute Indian Tribal Council, the Environmental Programs Division (“Division”) has developed water quality standards and Clean Water Act section 401 water quality certification procedures for tribal waters. What follows is a summary of the Division’s proposed water quality standards and Clean Water Act section 401 certification procedures. Proposed Water Quality Standards Water quality standards form a legal basis for controlling pollutants entering tribal waters. Water quality standards describe the desired condition of a water body and the means by which that condition will be protected or achieved. Water bodies can be used for purposes such as recreation (e.g. swimming, fishing, boating), protection of aquatic life, agricultural, public water supply, industrial, navigation, and other purposes. The Division has developed proposed water quality standards to […]

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FOR IMMEDIATE RELEASE: Federal Agencies Narrow Scope of Federally Protected “Waters of the United States” But Tribe Intends to Protect Tribal Waters

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FOR MORE INFORMATION CONTACT Christine Sage, Chairman – 970.563.0100   FOR IMMEDIATE RELEASE: June 4, 2020 – 9:00 A.M. Federal Agencies Narrow Scope of Federally Protected “Waters of the United States” But Tribe Intends to Protect Tribal Waters Southern Ute Indian Reservation – Notwithstanding the Tribe’s strong opposition, on January 23, 2020, the Environmental Protection Agency and the U.S. Army Corps of Engineers (collectively the “Agencies”), the agencies responsible for administering the Clean Water Act, finalized a rule to define “waters of the United States” (“Final Rule”). Under the Clean Water Act, there is federal authority to regulate the discharge of pollutants and the placement of fill into “navigable waters.” The Clean Water Act defines “navigable waters” to mean “the waters of the United States.” Whether a particular water body is jurisdictional as a “water of the United States” is a threshold question for determining whether a discharge into that water will require a permit under the Clean Water Act or whether a spill (i.e., an unpermitted discharge) is a violation of the Clean Water Act and subject to an enforcement action by the Agencies. In other words, under the Clean Water Act, the scope of federal regulatory authority is […]

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Health Press Releases Uncategorized

Technical Advisory Bulletin for Tribal Title V Owners and Operators (COVID-19) March 27, 2020

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March 27, 2020 Technical Advisory Bulletin To: All Tribal Title V Owners and Operators: This technical advisory bulletin is being issued to address compliance concerns or non-compliance that could result at Title V permitted facilities during the COVID-19 pandemic. In response to the COVID-19 pandemic, state, local, and the Southern Ute Indian tribal government have been forced to take drastic actions to limit social contact including stay-at-home orders for non-critical employees and closures of certain businesses. The Tribe’s Air Quality Program (AQP) understands that owners and operators are facing many challenges due to the COVID-19 pandemic and is issuing this guidance to help operators take measures to document these challenges for compliance reporting purposes. To document compliance concerns and issues that are directly resultant from challenges relating to the pandemic, the AQP recommends, at a minimum, that operators keep detailed logs, including the reason for non-compliance and maintain all relevant data to support claims (e.g., correspondence with operations personnel, stack test companies, contractors, etc.). Additionally, AQP recommends keeping in contact with the AQP regarding issues as they arise. For urgent matters and prompt deviation reporting during this time, reports can be submitted to: airquality@southernute-nsn.gov. All other logs and records can […]

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