49-13.01 Certification Required
(a) Any person who, within Spokane Tribal jurisdiction, owns or possesses a tank of any material
composition that is used to hold more than 200 gallons of petroleum products must obtain Spokane
Tribal certification of the storage tank.
(b) The minimum civil fine for a violation of this Section is $500.00 and a maximum civil fine of
$5000.00 per incident.
(1) the judge shall consider all facts and circumstances of the violation when determining
the fine amount.
(2) the judge shall specifically consider the amount of material involved and the cost of
clean-up.
49-13.02 Purpose and Effect of Certification
(a) The purpose of certification are:
(1) to track the quantities and locations of petroleum products being stored, to determine
whether Tribal resources are or potentially will be affected by the cumulative and synergistic
effects of petroleum products in the environment; and
(2) to ensure the competence of persons owning or possessing the storage tanks to take all
prudent measures to ensure that no petroleum product escapes from the tanks into the
environment.
(b) The effect of certification is to grant the owner/user of a fuel storage tank the Tribe’s permission
to install and use the tank for the time period indicated, in the specific location and for the specific
purpose described on the certification document.
49-13.03 Certification Procedure
The Tribal Natural Resources Department is authorized and instructed to promulgate rules and procedures
regarding the certification of fuel storage tanks that shall be approved by the Spokane Tribal Business
Council prior to enforcement.
49-13.04 Recognition of Federal Certification
The Tribe will take into consideration the approval of fuel storage tanks by the U.S. EPA. However, the Tribe
reserves the right to deny Tribal certification of fuel storage tanks based on the Tribe’s own assessment of
unacceptable effects on the Tribal environment.
49-13.05 Denial/Revocation of Certification
(a) Certification may be denied when the Tribe determines, after due consideration, that the
proposed fuel storage tank will or potentially may cause unacceptable harm or risk to Tribal
resources;
(b) Certification may be revoked upon the Tribe’s finding, based on credible evidence, that:
(1) the terms of the certification have been violated; or
(2) conditions have changed since the date of issuance of certification in such a way that
Tribal resources have come to be harmed or potentially will be harmed by the continued
possession or use of the certificated storage tank.
49-13.06 Record-Keeping Requirement
All persons holding Tribal storage tank certification must maintain, at a minimum, the records required to
maintained under federal law in Subchapter IX of the federal Solid Waste Disposal Act (42 U.S.C § 6991, et
seq.), as amended, and any federal regulations promulgated there under, specifically including all records
required in connection with inspections, monitoring, testing and corrective action.
Section 14 Miscellaneous Provisions
49-14.01 Savings
431
Revised Spokane Law & Order Code, 5/14/2013