30-2.09 Enforcement.
(a) The Tribe may develop procedures for inspection, monitoring, and entry with respect to facilities
or activities for which a certification has been issued pursuant to this chapter.
(b) The procedures discussed in 30-2.09(a) may provide as follows:
(1) The Water Control Board may require the owner or operation of any facility to:
A. establish and maintain records;
B. make reports;
C. install, use, and maintain monitoring equipment or methods (including where
appropriate, biological monitoring methods);
D. sample effluents (in accordance with such methods, at such location, at such
intervals, and in such manner as the Water Control Board shall prescribe); and
E. provide such other information as the Water Control Board may reasonably
require; and
(2) The Water Control Board or its authorized representative (including an authorized
contractor acting as a representative of the Water Control Board, upon presentation of
his credentials:
A. Shall have a right of entry to, upon, or through any premises for which a
certification has been issued pursuant to this chapter or in which any records
required to be maintained under (a) of this subsection are located, and
B. May at reasonable times have access to and copy any records, inspect
monitoring equipment or method required under clause (a), and sample any
effluents which the owner or operator of such facility is required to sample
under clause (a) of this subsection.
(3) Any records, reports, or information obtained under this section:
A. shall, in the case of effluent data, be related to any applicable effluent
limitations, toxic, pretreatment, or new source performance standards, and
B. shall be available to the public, except that upon a showing satisfactory to the
Water Control Board by any person that records, reports, or information, or
particular part thereof (other than effluent data), to which the Water Control
Board has access under this section, if made public would divulge methods or
processes entitled to protection as trade secrets of such person, the Water
Control Board shall consider such record, report or information, or particular
portion thereof confidential.
1. Any authorized representative of the Water Control Board who
knowingly or willfully publishes, divulges, discloses, or makes known in
any manner or to any extent not authorized by law any information
which is required to be considered confidential under this subsection
shall be subject to civil remedies to the extent provided by Tribal law.
2. Nothing in this subsection shall prohibit the Water Control Board or it
authorized representative from disclosing records, reports, or
information to other officers, employees, or authorized representatives
of the Tribe concerned with carrying out this chapter or when relevant
in any proceeding under this chapter.
(c) Notwithstanding any limitation contained in this section or any other provision of law, all
information reported to or otherwise contained by the Water Control Board under this chapter
shall be made available, upon written request of any duly authorized committee of Congress, to
such committee.
Legislative History-Amended 4/7/00, Resolu. 2000-179; Readopted 8/01/06, Resolu. 2006-524.
30-2.10 Penalties.
(a) Compliance Orders. Whenever, on the basis of any information available to it, the Water Control
Board finds that any person (Indian or non-Indian) is in violation of any condition or limitation of
a certification issued under this chapter, or is in violation of any of the Tribe’s water quality
standards, the Water Control Board may issue an order requiring such person to comply with
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Revised Spokane Law & Order Code, 5/14/2013