(i) With this Code the Tribe takes the next major step in its efforts to protect water quality on the
Reservation by exercising the inherent authority that has been recognized by the United States
through the Federal Clean Water Act.
30-2.02 Applicability.
(a) The Tribe is qualified to administer the provisions of the Federal Water Pollution Control Act, aka
“Clean Water Act,” pursuant to 33 U.S.C. § 1377(e) as that Act relates to waters within the
exterior boundaries of the Reservation.
(b) Each applicant for a federal license or permit to conduct any activity which may result in a
discharge into the waters within the exterior boundaries of the Reservation, for which a
certification pursuant to § 401 of the Clean Water Act is required, must provide the federal
licensing or permitting agency with a certification from the Tribe in accordance with this Code.
30-2.03 Designated Agency for § 401 Certification Applications.
(a) The Spokane Tribal Council shall appoint a Water Control Board, whose members, qualifications
and terms of office shall be defined by Tribal Council Resolution.
(b) The Water Control Board, through the Department of Natural Resources, shall be the Tribal
entity responsible for collecting, reviewing, evaluating, processing, approving or denying all
applications for § 401 water quality certification from the Tribe.
30-2.04 Procedure for Receiving and Processing § 401 Certification Applications.
(a) All correspondence and notifications with regard to § 401 water quality certification applications
are to be delivered to the Water Control Board.
(b) Completed applications for certification shall be filed directly with the Water Control Board.
(c) Any applicant for a federal license or permit to conduct any activity which may result in any
discharge into the waters of the Reservation, including but not limited to the construction or
operation of hydroelectric facilities, must provide the federal licensing or permitting agency with
a certification from the Water Control Board that any such activity will comply with the Federal
Clean Water Act and any applicable Tribal water quality standards which generally prescribe
designated water uses, effluent limitations, water quality related effluent limitations, water
quality standards and implementation plans, national standards of performance for new sources,
and toxic and pretreatment effluent standards.
(d) A completed application filed with the Water Control Board shall contain, at a minimum, the
following information:
(1) Legal name and address of the project owner;
(2) Legal name and address of owner’s designated official representative, if any;
(3) A description of the project location sufficient to locate and distinguish the proposed
project facilities;
(4) Names and addresses of immediately adjacent property owners;
(5) A complete description of the project proposal, using written discussion, maps,
diagrams, and other necessary materials;
(6) Name or description of involved river, stream, waterway, lake, or other body of water
(using U.S. government stream identification and/or mapping);
(7) Copies of any environmental background information required by the federal licensing or
other appropriate permitting agency or such other environmental background
information as may be necessary to demonstrate that the proposed project or activity
will comply with water quality requirements;
(8) Copies of any public notice or supporting information, issued by the federal licensing or
permitting agency for the project or activity;
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Revised Spokane Law & Order Code, 5/14/2013