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Water Code - Confederated Tribes of the Umatilla Indian Reservation

Water Code - Confederated Tribes of the Umatilla Indian Reservation

STATUTES

STATUTES of the CONFEDERATED TRIBES of the UMATILLA INDIAN RESERVATION As Amended Through Resolution No. 05-027 (March 7, 2005) b. The Director, upon presentation of credentials: i. Shall have a right of entry to, upon, or through, any premises or area for which a permit has been issued pursuant to this Code or in which any records are required to be maintained; ii. May at reasonable times have access to and copy any records, inspect monitoring equipment or method required and sample any effluents, which the owner or operator of such facility is required to sample. 3. Any records, reports, or information obtained under this section for the purposes of compliance with Water Quality Standards or certifications issued under this Code: 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 upon a satisfactory showing to the Director, by any person that records, reports, or information, or a particular part thereof (other than effluent data), to which the Director has access under this section, if made public would divulge methods or processes entitled to protection as trade secrets of such person. The Director shall then consider the record, report or information, or particular portion thereof confidential. Authorized representatives of the Director who knowingly or willfully publish, divulge, disclose, or make known in any manner or to any extent not authorized by law any information which is required to be considered confidential under this subsection will be subject to civil remedies provided by Tribal law or otherwise. The Director or his/her authorized representative are not prohibited from disclosing records, reports, or information to other officers, employees, or authorized representatives of the Confederated Tribes charged with carrying out this Code or when relevant in any legal proceeding under this Code. H. Conditions. All permits and permit renewals issued under this Code shall be conditioned to conform with all the applicable standards for the beneficial use of water, the protection of water quality and any other standards relevant to the protection of water, stream zones, and any other water related resources established by this Code. The Water Commission and the Director shall impose any other special conditions necessary to fulfill the purposes of this Code and Tribal Water Policy. I. Validation of Permits and Certifications. To be valid, any Permit or Certification issued under this Code must bear the signature of the Director and the date of validation by the Director. Permits must also include their expiration date. SECTION 1.12. VARIANCES A. Any person may request a variance from one or more requirements of this Code by submitting a written request to the Water Commission. The variance request must specify the section(s) of the Code and/or associated standards or regulations adopted in reference to this Code the applicant wants a variance from. The request must address and satisfy all of the circumstances listed below: B. Variances in General. 1. A variance may be granted only in the event all of the following circumstances exist: a. Special circumstances or conditions affecting the water body, water source or the property surrounding the water source which make strict application of the provisions of this Code or associated standard and regulations impracticable or unreasonable; WATER CODE PAGE 17

STATUTES of the CONFEDERATED TRIBES of the UMATILLA INDIAN RESERVATION As Amended Through Resolution No. 05-027 (March 7, 2005) b. Strict compliance with the requirements of this Code or associated standard and regulations would result in extraordinary hardship to the applicant because of unusual conditions over which the applicant has no control or would result in inhibiting the achievement of the goals of this Code; c. Granting the variance will not be detrimental to the public welfare or injurious to other property in the area in which the variance is granted; d. Granting the variance will not violate any other provision of Tribal (or federal) law; e. The variance requested is the minimum variance which would alleviate the hardship; and f. Granting the variance will not adversely impact threatened or endangered species or their critical habitat. 2. Upon receipt of a completed variance request application, application fee, and any supporting documents, The Director shall conduct a staff review of the variance request. 3. Upon completion of the staff review, the variance request shall be subject to a public hearing before the Water Commission following the public hearing process set forth in the Administrative Rules of this Code. 4. Upon the granting of a variance, the Water Commission may attach conditions which it finds necessary to protect the interests of affected parties or would otherwise achieve the purposes of this Code. 5. The Director of the Department of Natural Resource shall be responsible for enforcing or carrying out the decision of the Commission. C. Variances for Water Quality Standards. The Water Commission is responsible for determining if a variance to any specific water quality standard will be permitted. Any such variance shall be consistent with the variance requirements of the Water Quality Standards. 1. Criteria for Variance. The Water Commission may grant a variance to the approved Water Quality Standards provided the variance meets the following requirements: a. The variance will be pollutant and source specific, and b. The applicant demonstrates that meeting the standard is unattainable. 2. A Water Quality Standard may be deemed unattainable and eligible for a variance by the Water Commission if the applicant for a variance demonstrates one or more of the following: a. The concentration of a naturally occurring pollutant prevents the attainment of the water quality standard, or b. The natural physical (substrate cover, depth, pools, or riffles) or flow conditions of the water prevent attainment of the water quality standard, or c. Pre-existing conditions or sources of pollutants prevent the attainment of the water quality standard and cannot be remedied or would cause more environmental damage to correct than to leave in place, or WATER CODE PAGE 18

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