30-2.06 Denial of Certification.
(a) If the Water Control Board proposes to deny certification for a project, a written notice setting
forth the reasons for the denial shall be served upon the applicant following the procedures set
forth in Spokane Law and Order Code Section 30-1.05(1).
(b) The written notice shall advise the applicant to appeal rights and procedures.
(c) A copy shall also be provided to the federal licensing or permitting agency.
(d) The denial shall become effective 20 days from the date of mailing such notice unless within
that time the applicant requests a hearing before the Tribal Council or a hearings officer
designated by the Tribal Council.
(e) Such a request for hearing shall be made in writing to the Tribal Council or the designated
hearings officer and shall state the grounds for the request. Any hearing shall be conducted
pursuant to the rules of the Tribal Council.
30-2.07 Revocation or Suspension of Certification.
(a) Certification granted pursuant to these rules may be suspended or revoked if the Tribal Council
or the Water Control Board determines that:
(1) the federal permit or license for the project is revoked;
(2) The federal permit or license allows modification of the project in a manner inconsistent
with the certification;
(3) The application contained false information or otherwise misrepresented the project;
(4) Conditions regarding the project are or have changed since the application was filed;
and
(5) Special conditions or limitations of the certification are being violated.
(b) Written notice of intent to suspend or revoke shall be served upon the applicant following the
procedures set forth in Spokane Law and Order Code Section 30-1.05(1).
(c) The suspension or revocation shall become effective 20 days from the date of mailing such
notice unless within that time the applicant requests a hearing before the Tribal Council or a
hearings officer designated by the Tribal Council.
(d) Such a request for hearing shall be filed with the Tribal Council or the designated hearings
officer and shall state the grounds for the request.
(e) Any hearing shall be conducted pursuant to the rules of the Tribal Council.
30-2.08 Inspection Before Operation.
(a) Where a facility or activity has received certification pursuant to this section in connection with
the issuance of a federal license or permit for construction or any other activity that affects
Tribal water quality standards, and where such facility or activity is not required to obtain an
operating license or permit, the Water Control Board or its representative, shall be afforded the
opportunity to inspect such facility or activity for the purpose of determining if the manner in
which such facility or activity will be operated or conducted:
(1) may result in any discharge to waters of the Tribe; or
(2) will violate applicable water standards.
(b) If the Water Control Board, after an inspection pursuant to subsection 30-2.08(a), determines
that operation of the proposed facility or activity may result in any discharge to waters of the
Reservation or will violate applicable water quality standards, the Water Control Board shall so
notify the applicant and the federal licensing or permitting agency, including the Board’s
recommendations as to remedial measures necessary to bring the operation of the proposed
facility or activity into compliance with such standards.
Legislative History-Amended 4/7/00, Resolu. 2000-179; Readopted 8/01/06, Resolu. 2006-524.
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Revised Spokane Law & Order Code, 5/14/2013