Section ENV.04.02 — Definitions

For purposes of this Act, the following words and phrases shall have the meanings ascribed to them in this Section:

(a) "Pollution" means such artificial or induced natural contamination, or other alteration of the physical, chemical, biological, and radiological properties, of any waters of the reservation, or such discharge of any liquid gaseous, or solid substance into any waters of the reservation as will create a nuisance or render such waters harmful or detrimental or injurious to public health, safety, welfare, or to domestic, commercial, industrial, agricultural, traditional, cultural, recreational, or other legitimate beneficial uses, or to livestock, wild animals, birds, fish or other aquatic life.

(b) "Waters of the Reservation" means all streams, lakes, ponds, marshes, watercourses, waterways, wells, springs, irrigation systems, drainage systems, and all other bodies or accumulations of water, surface and underground, natural or artificial, public or private, which are contained within, flow through, or border upon this federal Indian reservation or any portion thereof, except that bodies of water confined to and retained within the limits of private property which do not develop into or constitute a nuisance, or a public health hazard, or a menace to fish and wildlife, shall not be considered to be "waters of the reservation" under this definition.

(c) "Person" means an individual, corporation, partnership, association, state, or political subdivision thereof, federal agency, state agency, municipality, commission or interstate body.

(d) "Pollutant" means dredged spoil, dirt, slurry, solid waste, incinerator residue, sewage, sewage sludge, garbage, trash, chemical waste, biological nutrient, biological material, radioactive material, heat, wrecked or discarded equipment, rock, sand, or any industrial, forestry, municipal, or agricultural waste.

(e) "Pollution" means artificially made, artificially induced, or natural alteration of the physical, chemical, and radiological integrity of water.

(f) "Effluent Limitation" means any restriction or prohibition established under tribal law on quantities, rates, and concentrations of chemical, physical, biological, and other constituents which are discharged from point sources into reservation waters, including but not limited to standards of performance for new sources, toxic effluent standards, and schedules of compliance.

(g) "Permit" means a permit issued under this article.

(h) "Point Source" means any discernible, confined and discrete conveyance, including but not limited to any pipe, ditch, channel, tunnel, conduit, well, discrete fissures, containers, rolling stock, concentration animal feeding operation, or vessel or other floating craft, from which pollutants are or may be discharged.

(i) "Schedule of Compliance" means a schedule of remedial measures and times including an enforceable sequence of actions or operations leading to compliance with any control regulation or effluent limitation.