(9) An exhibit substantially complying with 40 CFR § 1.22 and which contains:
A. A description of the facility or activity, and of any discharge into Reservation
waters which may result from the conduct of any activity including, but not
limited to, the construction or operation of the facility, including the biological,
chemical, thermal, and other characteristics of the discharge and the location or
locations at which such discharge may enter Reservation waters;
B. A description of the function and operation of equipment or facilities to treat
wastes or other effluents which may be discharged including specification of the
degree of treatment expected to be attained;
C. The date or dates on which the activity will begin and end, if known, and the
date or dates on which the discharge will take place;
D. A description of the methods and means being used or proposed to monitor the
quality and characteristics of the discharge and the operation of equipment or
facilities employed in the treatment or control of wastes or other effluents;
E. An affirmative statement that the activity will be conducted in a manner which
will not violate applicable federal or Tribal water quality standards;
F. A legal description of the real property impacted by the activity or facility for
which a certification is sought; and
G. An exhibit which identifies and describes any other requirements of federal
and/or Tribal law applicable to the proposed project which may have a direct or
indirect relationship to water quality.
(e) Each application submitted must be accompanied by the application fee based upon the fee
schedule established by the Water Control Board.
(f) The Tribal Council hereby specifically finds that such application fee is reasonably necessary and
is related to the expense of governmental administration necessary in processing § 401 water
quality certification applications.
(g) The Water Control Board is authorized to require an applicant to submit any additional
information necessary to complete an application or to assist the Water Control Board to
adequately evaluate the project impacts on water quality.
(h) Failure to complete an application or provide any requested additional information within the
time specified in the request may be grounds for denial of certification, pursuant to Sections 301.05 and 30-1.06 of the Spokane Law and Order Code.
(i) The Water Control Board shall notify the applicant by certified mail of the date the application is
determined to be complete.
(j) The application will be immediately deemed complete if a preliminary review indicates that all
information required by Spokane Law and Order Code Section 30-1.04(3) and (4), including the
exhibit required in subsection (1) of that section, has been submitted.
(k) In order to inform potentially interested persons of the application, the Water Control Board
shall prepare and circulate a public notice announcement of each certification request in a
manner approved by the Tribal Council.
(l) Notice shall be mailed to all parties known to be interested in the matter, including but not
limited to adjacent property owners as cited in the application.
(m) If the Tribal Council deems mailed notice to be impracticable, such public notice may be
provided in a newspaper of general circulation in the area in which the activity is proposed to be
conducted.
(n) The notice shall tell interested parties of an opportunity to comment on the certification request
in such manner as the Tribal Council deems appropriate, shall encourage comments by
interested parties, and shall tell of any related documents available for public inspection and
copying.
(o) The Water Control Board shall provide a period of not less than 30 days following the date of the
public notice during which time interested persons may submit written views and comments.
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Revised Spokane Law & Order Code, 5/14/2013