TWENTY-NINE PALMS BAND OF MISSION INDIANS 

46-200 Harrison Place . Coachella. California . 92236. Ph: 760.863.2444. Fax: 760.863.2449 

December 6, 2013 

Eugene Bromley 

NPDES Permits Office 

U.S. Environmental Protection Agency, Region 9 

75 Hawthorne St 

San Francisco, CA 94105-3901 

Re: Clean Water Act (CW A) Section 40 l Certification for Multi-Sector General Permit (MSGP) 

Dear Mr. Bromley: 

The Twenty-Nine Palms Band of Mission Indians (Tribe) has read and reviewed the infonnation 

you provided requesting a Tribal certification be granted under CW A Section 40 1 for the proposed 

NPDES general permit for stonnwater discharges from industrial facilities. As a Tribe located near 

industrial businesses which may potentially threaten Tribal water resources, this permit and its 

requirements are necessary for the protection of human health and the environment of the Twenty-Nine 

Palms Reservation (Reservation). The only perennial water body located on the Reservation at this time 

is the Whitewater River and Stormwater Channel. This water body obtains its year-round water flow 

from a wastewater treatment plant just upstream from the Reservation. The River bisects the Reservation 

as it flows downstream, eventually discharging into the Salton Sea. Water discharged into the River may 

therefore affect downstream ecosystems, groundwater, and the watershed as a whole. 

The Tribe was granted Treatment in the same manner as a State (T AS) by the U.S. EPA in 

October 26, 2006. The Tribal Environmental Protection Agency (Tribal EPA) was designated to 

administer CWA Section 401 and the Tribal Water Quality Standards Program. Since that time, Tribal 

EPA has worked to develop and set water quality standards for the Reservation. On November 6th, 2013, 

the Tribe signed a resolution adopting Tribal Water Quality Standards. These standards had already 

undergone an informal EPA comment period and are currently under review by the U.S. EPA Office of 

Water for formal approval and finalization. During the review process, the Tribe will operate as if the 

standards have been finalized. 

Below is the CW A Section 401 Water Quality Certification granted by the Tribe to the U.S. EPA 

Region 9. Some conditions which are more stringent than those contained in the proposed MSGP are 

necessary to meet the requirements ofTriballaw. These conditions are outlined in the certification and 

are based on Tribal Resolution #TC110613A. If you have any questions regarding this certification, 

please contact the Tribal EPA office at (760) 398-6767. 

since~U 

Darrell Mike 

Tribal Chairman 

Twenty-Nine Palms Band of Mission Indians 
Twenty-Nine Palms Band of Mission Indians 

Tribal Environmental Protection Agency 

Twenty-Nine Palms Band of Mission Indians 

Tribal Environmental Protection Agency 

Clean Water Act (CW A) Section 401 Water Quality Certification for USEPA Region 9 NPDES 

Multi-Sector General Permit (MSGP) for Stormwater Discharges from Industrial Facilities 

Issued December 6, 2013 

Description: 

National Pollutant Discharge Elimination System (NPDES) Multi-Sector General Permits are issued by 

the U.S. EPA for stormwater discharges associated with industrial activity. This CW A Section 401 

Permit is issued by the Twenty-Nine Palms Band of Mission Indians for approval ofEPA's proposed 

National Pollution Discharge Elimination System (NPDES) Multi-Sector General Permit (MSGP). 

Background: 

Section 401 ofthe Clean Water Act (CWA), as amended in 1977, requires that an applicant for a federal 

permit such as a CW A Section 401 multi-sector general permit (MSGP) must obtain certification that the 

discharge will comply with the applicable provisions of Sections 208(e), 301,302, 303, 306, and 307 of 

the CW A. All MSGPs require certification prior to issuance; therefore, this certification is a condition of 

these federal permits. 

The Twenty-Nine Palms Band of Mission Indians (Tribe) has a Section 401 certification program in place 

for issuing water quality certification. In issuing certification for the MSGPs, the Tribe considers applicable 

tribal, adjacent state, and the EPA guidance for water quality standards, such as the water quality criteria 

published under Section 304(a) of the CW A and the Water Quality Standards Handbook. 

Determination: Granted With Conditions 

The Twenty-Nine Palms Band of Mission Indians approves MSGPs proposed activities/projects provided 

they comply with the general conditions described in this certification, and where there is reasonable 

assurance that the proposed activities/projects will comply with the applicable provisions of the Tribal 

Water Quality Standards. Certification is hereby granted with conditions detailed below in addition to the 

general terms and conditions of the MSGP. 

General Conditions: 

Requirements under the Twenty-Nine Palms Tribal Water Quality Standards 

Adopted under Tribal Resolution #TCJ 1061 3A 

1. The Twenty-Nine Palms Tribal Water Quality Standards require that routine monitoring be 

performed quarterly at each sampling site. 

2. Additional special monitoring requirements include: 

a. Sampling following a significant storm event 

b. Sampling in the event of an accidental spill 

3. Monitoring results for discharges into Twenty-Nine Palms Tribal waters must be reported to 

Twenty-Nine Palms Tribal EPA. 

Pa I of2 

Phone: 760-398-6767 Fax: 760-398-0046 mcheung2@29palmsbomi-nsn.gov 

47250 Dillon Road, Coachella, California 92236 
Additional General Requirements 

1. Certification does not relieve the applicant of the responsibility to comply with applicable local, 

state, or federal regulations ot statutes, including regulations affecting any discharge into waters 

of the U.S. 

2. Copies of this certification shall be kept on the job site and readily available for reference by 

tribal members and tribal representatives. 

3. If the project is operated in a manner not consistent with the MSGPs, the permittee will be in 

violation of this certification. 

4. All practicable measures and precautions must be taken to prevent pollution affecting public 

health, fish, shellfish, wildlife, and recreation due to turbidity, pH, temperature, nutrients, 

suspended solids, floating debris, visible oil and grease, or other pollutants entering tribal waters, 

including wetlands. 

5. All equipment operated within any tribal waters must be cleaned away from the tribal waters and 

maintained to prevent fuel and oil leaks. These methods include, but are not limited to: offsite/ 

upland fuel and oil storage and refueling areas, on-site spill containment equipment, a spill 

contingency plan, and spill prevention/contaminant training for on-site personnel. 

6. Should a spill of petroleum products or chemicals occur, immediately call the National Response 

Center at (800) 424-8802 and the Tribal Environmental Protection Agency at (760) 398-6767. 

7. Ground disturbance shall not exceed the minimum necessary. 

8. All projects using MSGPs must avoid discharges to the maximum extent practicable, and utilize 

the best available and practicable means of minimizing the adverse impact of discharges that 

cannot be avoided. 

Tills Certification reasonably ensures that discharges in compliance with the limitations and conditions of 

the MSGPs and the conditions herein will not violate applicable water quality standards or any applicable 

effluent guidelines or standards. 

Questions regarding this water quality certification should be directed to: 

Twenty-Nine Palms Tribal Environmental Protection Agency 

47-250 Dillon Road 

Coachella, CA 92236 

Phone: (760) 398-6767 

Fax: (760) 398-0046 

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Phone: 760-398-6767 Fax: 760-398-0046 mcheung2@29palmsbomi-nsngov 

47250 Dillon Road, Coachella, California 92236