Section ENV.04.26 — Permits - When Required And When Prohibited

(a) The Tribe shall issue a waste discharge permit in accordance with regulations promulgated under this Article.

(b) No discharge shall be permitted which will violate any duly promulgated reservation-wide or local land use plan unless all requirements and conditions of applicable ordinances and regulations have been met or will be met pursuant to a schedule of compliance.

(c) No discharge shall be permitted which will violate a control regulation unless the waste discharge permit contains effluent limitations and a schedule of compliance specifying treatment requirements as determined by the Division. Such requirements shall require the best practical or available treatment consistent with the federal Clean Water Act.

(d) No discharge shall be permitted that by itself or in combination with other pollution will result in pollution of the receiving waters in excess of the pollution permitted by an applicable water quality standard unless the permit contains effluent limitations and a schedule of compliance specifying treatment requirements.

(e) In any case in which a permit for a discharge has been applied for but final disposition of such application has not been made, such discharge shall not be a violation of any provisions of this Article or regulations promulgated under this Article unless the Tribe proves that absence of final administrative disposition of such application has resulted from the failure of the applicant to furnish information reasonably required or requested in order to process the application.