January 28, 2014 

Eugene Bromley 

WHITE MOUNTAIN APACHE TRIBE 

WATER RESOURCES PROGRAM 

712 E General Crook St. Bldg. I 04 • P.O. Box 816 • Fort Apache, Arizona 

85926-0816 

Phone: (928) 338-4267 • Fax (928) 338-3933 

United States Environmental Protection Agency 

NPDES Permit Office (WTR-5) 

75 Hawthorne Street 

San Francisco, CA 94105-3901 

RE: Certification of the Environmental Protection Agency's (EPA's) National 

Pollutant Discharge Elimination Systems (NPDES) General Permit for Stormwater 

Discharges from Industrial Facilities also references as the Multi-Sector General 

Permit. 

Dear Mr. Bromley: 

This letter is in response to the reissuing of the National Pollutant Discharge 

Elimination Systems (NPDES) General Permit for Stormwater Discharges from 

Industrial Facilities also referenced as the Multi-Sector General Permit. The White 

Mountain Apache Tribe has the authority regarding certification under the Clean 

Water Act Section 401. We have approved water quality standards that apply to all 

surface waters within the exterior boundaries of our reservation and set fourth 

existing uses that must be protected. 

After reviewing the Proposed Construction General Permit-Fact Sheet and Permit, 

the White Mountain Apache Tribe conditionally certifies the National Pollutant 

Discharge Elimination Systems (NPDES) General Permit for Stormwater Discharges 

from Industrial Facilities as long as the storm water permittees comply with the 

applications provisions of the Clean Water Act Sections 208( e), 301, (including 

301(h) variances), 302,303, 306 and 307, appropriate requirements of the White 

Mountain Apache Tribe's Water Quality Standards and the conditions listed in 

Attachment A. Compliance with the terms and conditions of the National Pollutant 

Discharge Elimination Systems (NPDES) General Permit for Stormwater Discharges 

from Industrial Facilities along with this conditional certification will provide 

reasonable assurance that the permitted storm water discharges for industrial 
activities will be conducted in a manner which will not violate the White Mountain 

Apache Tribe's Water Quality Standards and provisions of the Clean Water Act. 

The White Mountain Apache Tribe reserves the right to amend or revoke this 

conditional certification if such action is necessary to ensure compliance with the 

White Mountain Apache Tribe's Water Quality Standards and provisions ofthe Clean 

Water Act. 

We look forward to EPA's continued cooperation on environmental issues and if you 

have any questions or concerns, please contact me at (928) 338-4267. 

Sincerely, 

Tara Chief, Water Quality Officer 

White Mountain Apache Tribe 

Water Resources 

Attachments: 

Cc: 

Attachment A: White Mountain Apache Tribe Conditions for Industrial 

Facilities 

Cheryl Pailzote, WMAT Water Resources Program Director 

jim Palmer, WMAT Tribal Attorney 
ATTACHMENT A 

White Mountain Apache Tribe Conditions for Industrial Facilities 

The following conditions apply to storm water discharges from industrial facilities on the 

White Mountain Apache Tribe: 

1. The Storm Water Pollution Prevention Plan (SWPPP) must be available to the White 

Mountain Apache Water Resources Programs either electronically or hard copy 

upon request for review before a Notice of Intent (NO I) for comments from the 

White Mountain Apache Water Resources Programs. Failure to provide a SWPPP to 

the White Mountain Apache Water Resources Programs may result in denial of the 

water quality certification. 

2. Copies of all Notices of Intent (N 01) submitted to the EPA must also be sent 

concurrently to the White Mountain Apache Water Resources Programs. Discharges 

are not authorized by this permit unless an accurate and complete NOI has been 

submitted to the White Mountain Apache Tribe. 

3. Any Storm Water Pollution Prevention Plan (SWPPP) modification, update or 

amendment shall be submitted to the White Mountain Apache Water Resources 

Programs either electronically or hard copy within seven (7) calendar days of its 

finalization. Failure to provide a SWPPP to the White Mountain Apache Water 

Resources Programs may result in denial of the water quality certification. 

4. All monitoring and analytical data (e.g. Discharge Monitoring Reports (DMRs), 

follow-up monitoring reports, Exceedance Reports for Numerical Effluent Limits, 

etc.) submitted to EPA must also be sent concurrently to the White Mountain 

Apache Water Resources Programs. 

5. Copies of all Annual Reports submitted to the EPA must also be sent concurrently to 

the White Mountain Apache Water Resources Programs. Discharges are not 

authorized by this permit unless an accurate and complete Annual Report has been 

submitted to the White Mountain Apache Tribe. 

6. Copies of all "Quarterly Visual Assessments" (Part 3.2) must be submitted either 

electronically or hard copy to the White Mountain Apache Water Resources 

Programs within seven (7) calendar days. 

7. Copies of all "Corrective Action Documentation" (Part 4.3) must be submitted either' 

electronically or hard copy to the White Mountain Apache Water Resources 

Programs within seven (7) calendar days. 

8. Any notice of release of oils or hazardous substances shall be submitted to the White 

Mountain Apache Water Resources Programs within twenty-four (24) hours of 

becoming aware of the situation or circumstance, followed by the reporting 

requirements of 40 CFR 110, 40 CFR300, and 40 CFR 302 relating to spills or other 

releases of oils or hazardous substances. The permittee must also telephone the 
White Mountain Apache Water Resources Programs at (928) 338-4267 of any nonemergency spills or unauthorized discharge that may affect drinking water, 

supplies, ceremonial and recreational surface waters, elicit fish kills, harm wildlife 

or endanger ed and threaten species, or endanger human health or the environment 

within eight (8) hours of becoming aware of the situation or circumstance, followed 

by a written report when it is sent to the EPA. 

9. If requested by the White Mountain Apache Water Resources Programs, the 

permittee must allow the White Mountain Apache Tribe to perform its own routine 

or compliance inspection to ensure the permittee is in compliance and any 

discharge is not contributing to a violation of the permit and the White Mountain 

Apache Tribe's Water Quality Standards. 

10. Ifrequested by the White Mountain Apache Water Resources Programs, the 

permittee shall provide additional information necessary for a "case by case" 

eligibility determination to assure compliance with the White Mountain Apache 

Tribe's Water Quality Standards. *Note: Upon receipt of a determination by the 

White Mountain Apache Tribe that discharges from a permittee under this general 

permit have reasonable potential to be causing or contributing to a violation of the 

White Mountain Apache Tribe's Water Quality Standards, EPA Region 9 would be 

notified. EPA Region 9 would then notify the permittee to either improve their 

Stormwater Pollution Prevention Plan (SWPPP) to achieve compliance with the 

White Mountain Apache Tribe's Water Quality Standards or have the permittee 

apply for and obtain an individual NPDES permit for those discharges per CFR 

122.28 (8)(3). 

11. Any industry discharging into waters of the United States that has been designated 

by the EPA or the White Mountain Apache Tribe as impaired or degraded water 

shall not be covered under this general permit but will be required to obtain an 

individual permit. 

12. Before submitting a Notice of Termination (NOT), permittees must clearly 

demonstrate to the White Mountain Apache Water Resources Programs through a 

site visit or documentation that requirements for site stabilization have been met 

and any degradation has been mitigated. A short letter stating the stabilization 

requirements have been met will be sent to the permittee. Upon receipt the 

permittee may apply for an NOT to the EPA. 

13. Copies ofthe NOT submitted to the EPA must also be sent concurrently to the White 

Mountain Apache Water Resources Programs. 

14. All required or requested information mentioned above shall be sent to: 

Regular U.S. Delivery Mail: 

White Mountain Apache Tribe Water Resources Programs 

Attention: Tara Chief, Water Quality Officer 

P.O. Box 816 

Fort Apache, AZ 85926 
Or Electronically to: 

tarachief@wmat.us