Section ENV.04.24 — Permits Required For Discharge Of Pollution - Administration

(a) No person shall discharge any pollutant into any reservation water from a point source without first having applied for, nor after December 31, 1988, without having obtained a permit from the Division for such discharge. Each application for a permit duly filed under the federal Clean Water Act shall be deemed to be a permit application filed under this Article, and each permit issued pursuant to the Federal Act shall be deemed to be a temporary permit issued under this Article which shall expire when the federal permit expires.

(b) The Tribe shall examine applications for and may issue, suspend, revoke, modify, deny, and otherwise administer permits for the discharge of pollutants into reservation waters. Such administration shall be in accordance with the provisions of this Article and regulations, if any, promulgated by the Tribe.

(c) The Tribe shall promulgate such regulations as may be necessary for the orderly and effective administration of permits for the discharge of pollutants. Such regulations shall be consistent with the provisions of this Article and shall be in furtherance of the policy contained in Section ENV.04.07 and may pertain to and implement, among other matters, permit and permit applications contents, procedures, requirements and restrictions with respect to the following:

(1) Identification and address of the owner and operator of the activity, facility, or process from which the discharge is to be permitted;

(2) Location and quantity and quality characteristics of the permitted discharge;

(3) Effluent limitations and requirements for treatment prior to discharge;

(4) Equipment and procedures required for mandatory monitoring as well as record-keeping and reporting requirements;

(5) Schedules of compliance;

(6) Procedures to be followed by tribal personnel for entering and inspecting premises;

(7) Submission of pertinent plans and specifications for the facility, process, or activity which is the source of the waste discharge;

(8) Restrictions on transfer of the Permit;

(9) Procedures to be followed in the event of expansion or modification of the facility, process, or activity from which the discharge occurs or the quantity, quality, or frequency of the discharge;

(10) Duration of the permit not to exceed five years, and renewal procedures;

(11) Authority of the Tribe to require changes in plans for specifications for control facilities as a condition for the issuance of a permit;

(12) Identification of control regulations over which the permit takes precedence and identification of control regulations over which a permit may never take precedence:

(13) Notice requirements of any intent to construct, install, or alter any process, facility, or activity that is likely to result in a new altered discharge; and

(14) Effectiveness under this Article of permit applications submitted to and permits issued by the federal government under the federal Clean Water Act.

(d) The Tribe may authorize temporary permits to be issued pending completion of review procedures otherwise required prior to issuance of a permit, but no temporary permit may be issued for more than a period of two years nor shall any temporary permits be renewed.

(e) Nothing in any permit shall ever be construed to prevent or limit the application of any emergency power of the Tribe.

(f) Every permit issued for a sewage treatment works shall contain such terms and conditions as the Tribe determines to be necessary or desirable to assure continuing compliance of applicable control regulations. Such terms and conditions may require that whenever deemed necessary by the Tribe to assure such compliance the permittee shall:

(1) Require pretreatment of effluent from industrial, governmental, or commercial facilities processes and activities before such effluent is received into the gathering and collection system of the permittee;

(2) Prohibit any connection to any municipal permittee's intercepter and collection system that would result in receipt by such municipal permittee of any effluent other than sewage required by law to be received by such permittee;

(3) Include specified terms and conditions of its permit in all contracts for receipt by the permittee of any effluent not required to be received by a municipal permittee;

(4) Initiate engineering and financial planning for expansion of the sewage treatment works whenever throughput and treatment reaches 80% of design capacity;

(5) Commence construction of such sewage treatment works expansion whenever throughput and treatment reaches 95% of design capacity or, in the case of a municipality, either commence such construction or cease issuance of building permits within such municipality until such construction is commenced, except that building permits may continue to be issued for any construction which would not have the affect of increasing the input of sewage to the sewage treatment works of the municipality involved; and

(6) Inclusion of the requirements authorized by paragraph (4) of this subsection (F) shall be presumed unnecessary to assure compliance upon a showing that the area served by a governmental sewage treatment works has a stable or declining population; but this provision shall not be construed as preventing periodic review by the Tribe should it be felt that growth is occurring or will occur in the area.

(g) Every permit issued for a discharge from any facility, process, or activity that includes any dam, settling pond, or hazard within or related to its system shall include such terms and conditions as the Tribe determines necessary to prevent or minimize the discharge of any pollutant into any reservation waters in potentially dangerous quantities.

(h) For the purposes of defraying costs incurred by the Tribe in their monitoring of waste discharged into reservation waters pursuant to a permit issued under this Section, the permittee shall pay to the Tribe a fee of one hundred dollars ($100.00) prior to the commencement of each year covered by the permit beyond the first year. Until such fee is paid, when due, the permittee shall not be in good standing under this Article.