19-6-110. PERMIT FOR POINT SOURCE DISCHARGE.

1. Federal and Tribal Permits Required.
   1. Any point source discharge of pollutants into the waters of the Reservation requires a permit from the federal Environmental Protection Agency. No person may discharge any pollutant form a point source into waters of the Reservation without having first obtained a permit from the EPA.
   2. Further, no person may discharge any pollutant from a point source into waters of the Reservation without first having obtained a permit from the Commission pursuant to this Chapter.
2. Tribal Permit for Point Source Discharge.
   1. In lieu of a petition for permit as required by § 19-6-109 (1) and (2), the applicant shall provide to the Director of Water Resources a complete and full copy of his petition to the federal Environmental Protection Agency at the same time as it is supplied to the EPA.
   2. Upon receipt of a complete petition the Director of Water Resources shall immediately contact the appropriate federal Environmental Protection Agency office and advise it of the Director’s intent to review and provide public participation on the permit petition. The Director shall request that EPA not act prior to conclusion of the tribal process.
   3. Within two weeks of having first received a petition, the Director may request applicant to supply within a reasonable time such additional information as he deems necessary to permit a thorough review of the petition. If the applicant fails to submit the requested information within the reasonable time established in the Director’s request, the Director may reject the petition for such failure.
   4. Upon receipt of a complete petition pursuant to § 19-6-109 or 19-6-110 (2) (a), the Land Use and Environment Commission shall, in accordance with informal hearing procedures established in Title 18, Chapter 21, determined whether to issue the requested permit. The Commission shall grant the permit only if it finds, by clear and convincing evidence, that: Commission shall not grant a permit unless it finds on the record that:
      1. the discharge will not result to a violation of the water quality standards set forth in this Chapter or subsequently adopted, except as allowed by § 19-6-107 (2) (c) or § 19-6-107 (2) (d) of this Chapter; and
      2. the discharge will not interfere with or injure existing beneficial uses.
   5. If the federal Environmental Protection Agency has not yet issued a permit, the Director shall urge EPA to act consistent with the decision on the tribal permit. If EPA has issued a permit, the Director shall insure that the Commission’s permit conditions are at least as stringent as those in the EPA permit.