(p) All comments received during the 30 day period shall be considered in formulating the Water
Control Board’s position.
(q) The Water Control Board shall add the name of any person or group upon request to a mailing
list to receive copies of public notice.
(r) The Water Control Board shall provide an opportunity for the applicant or any interested agency,
person, or group of persons to request or petition for a public hearing with respect to
certification applications.
(s) If the Water Control Board determines that new information may be produced thereby, a public
hearing will be held prior to the Water Control Board’s final determination.
(t) Instances of doubt shall be resolved in favor of holding the hearing.
(u) There shall be public notice of such a hearing.
(v) All interested and affected parties will be given reasonable opportunity to present evidence and
testify at the public hearing.
(w) In order to make findings required by Spokane Law and Order Code Section 30-1.05, the Water
Control Board’s evaluation of an application for project certification may include but need not be
limited to the following:
(1) Existing and potential beneficial uses of surface or groundwater which could be affected
by the proposed facility;
(2) Potential water related impacts from the generation and disposal of waste chemicals or
sludge at a proposed facility;
(3) Potential modification of surface water quality or water quality as it affects water
quality;
(4) Potential modification of groundwater quality;
(5) Potential impacts from the construction of intake or outfall structures;
(6) Potential impacts from waste water discharges;
(7) Potential impacts from construction activities;
(8) The project’s compliance with the applicable provisions of the Federal Clean Water Act;
and
(9) The project’s compliance with water quality related to standards established by the
Tribal Council.
30-2.05 § 401 Certification.
(a) Within 120 days after an application is deemed complete pursuant to Spokane Law and Order
Code Section 30-1.04(6) the Water Control Board shall serve written notice upon the applicant
that the certification is granted or denied or that a further specified time period is required to
process the application.
(b) Written notice shall be served by sending such notice by certified mail to the address of the
applicant as shown in the application except that granting of certification may be by regular
mail.
(c) Any extension of time shall not exceed 1 year from the date of filing a completed application.
(d) If, after considering the complete application, the record of a hearing, if any, and such other
information and data as the Water Control Board deems relevant, the Water Control Board
determines that there is a reasonable assurance that the proposed activity will not result in a
violation of applicable water quality standards, the Water Control Board will so certify.
(e) If the Water Control Board determines that no water quality standards are applicable to waters
which might be affected by the proposed activity, the Water Control Board will so notify the
applicant and the federal licensing or permitting agency in writing and shall provide the federal
licensing or permitting agency with advice, suggestions, and recommendations with respect to
conditions to be incorporated in any license or permit to achieve compliance with the purpose of
the Federal Clean Water Act.
235
Revised Spokane Law & Order Code, 5/14/2013