(f) In such case, no certification shall be required.
(g) If the Water Control Board approves the certification application for a project, such certification
shall contain the following:
(1) Name and address if applicant;
(2) Project’s name and federal identification number, if any;
(3) Type of project or activity;
(4) Name of water body;
(5) General location;
(6) Findings that the proposed project or activity is consistent with:
A. Rules and standards adopted by the Tribal Council;
B. Applicable provisions of the Federal Clean Water Act;
(7) Such conditions as the Tribal Council or the Water Control Board determines necessary
to maintain and protect water quality within the Reservation;
(8) Such conditions as the Tribal Council or the Water Control Board determines necessary
to assure compliance with the standards of other Tribal agencies that the Tribal Council
or the Water Control Board determines are water quality related and compliance with
other appropriate requirements of Tribal law according to the Federal Clean Water Act;
(9) A condition that requires the certificate holder to notify the Water Control Board of all
changes in the project proposal subsequent to certification; and
(10)
A statement that there is a reasonable assurance that the project or activity will be
conducted in a manner which will not violate applicable water quality standards.
(h) The Water Control Board’s certification for a project may include but need not be limited to the
following conditions:
(1) Limitations on effluent discharge;
(2) Requirements that the applicant monitor effluent discharge on a regular basis;
(3) Termination of the operation upon evidence that such operation violated or threatens to
violate Tribal water quality standards;
(4) Minimum flow conditions;
(5) Turbidity criterion;
(6) Criterion and use restrictions necessary to advance the Tribe’s anti-degradation policy;
and
(7) Any other established water quality standard deemed necessary by the Water Control
Board to maintain and protect water quality on the Reservation.
(i) If the applicant is dissatisfied with the conditions of any granted certification, the applicant may
request a hearing before the Tribal Council or a hearings officer designated by the Tribal
Council.
(j) Such requests for a hearing shall be made in writing to the Tribal Council or the designated
hearings officer within 20 days of the date of mailing the certification.
(k) Any hearing shall be conducted pursuant to the rules of the Tribal Council.
(l) If the Tribe fails or refuses to act on a request for certification, within a reasonable period of
time (which shall not exceed 1 year) after receipt of such request, the certification requirements
of this chapter and § 401 of the Federal Clean Water Act shall be waived with respect to the
application for a federal license or permit.
(m) No license or permit shall be granted until the certification required by this chapter has been
obtained or has been waived as provided above. No license or permit shall be granted if
certification has been denied by the Tribe.
(n) Certifications granted pursuant to these rules are valid for the applicant only and are not
transferable without prior approval of the Tribal Council or its designated representative.
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Revised Spokane Law & Order Code, 5/14/2013