19-6-109. PERMIT TO DEGRADE RESERVATION WATERS.

1. Upon petition in accordance with Title 18, Chapter 21, and § 19-6-108, the Commission shall, in accordance with the informal hearing procedures in Title 18, Chapter 21, decide whether to issue a permit to conduct an activity that will cause or allow the discharge of a pollutant into any body of Reservation water for which water quality standards are established (including those waters listed in § 19-6-107 (1) and (2) (b). If an applicant seeks a point source discharge permit, he shall include the request for water quality degradation in the permit petition.
2. Upon application to and upon a determination by the Director of Water Resources that an emergency exists, the Director may authorize short-term degradation of water quality (not to exceed 30 days) in any body of water for which water quality standards are established (including those waters listed in § 19-6-107 (1) and (2) (b). If the applicant seeks a point source discharge permit, he shall include the request for short-term water quality degradation in the petition.
   1. For purposes of § 19-6-109 (2), an “emergency” is defined as circumstances that threaten the public health or welfare or prevents essential activities from proceeding.
   2. The Director may permit such short-term degradation only if he determines that clear and convincing evidence demonstrates that the degradation will not cause long-term injury or interference with water quality and the designated beneficial use is for the affected water body.
   3. In all cases involving emergencies as defined in § 19-6-109 (2) (a), the Director of Water Resources shall, at a minimum, provide notice of his action to the Tribal Council and post notice on the Tribal Agency Bulletin Board. In addition, the Director shall provide the closest approximation to the informal hearing procedure set forth in Title 18, Chapter 21, taking into account the nature of the emergency.
   4. In circumstances in which the Director of Water Resources determines to be emergencies, he may shorten the time within which the permit becomes effective unless the Commission acts to stay the decision upon appeal.