Section ENV.04.25 — Application - Fee - Public Participation

(a) "Minor municipal discharge" is a discharge from a publicly owned wastewater treatment plant which is less than all cases in subparagraph (1) of this paragraph.

(b) "Minor industrial discharge" is one which does not discharge over fifty thousand (50,000) gallons in the aggregate on any one day of the year from one or more discharge points and which does not contain toxic pollutants.

(c) "Irrigation return flow" means tailwater, tile drainage, or surfaced groundwater flow from irrigated land, in a system operated by public or private organizations or individuals, if:

(1) There is a point source of discharge (e.g., a pipe, a ditch, or any other defined or discrete conveyance), whether an artificial or a natural feature of the land, purposely maintained as a drainage structure;

(2) The return flow is from land areas of more than three thousand (3,000) contiguous irrigated acres or three thousand (3,000) noncontiguous irrigated acres which use the same artificial drainage system or natural feature of the land purposely maintained as a common drainage structure;

(3) The discharge from the lands (as opposed to the water supply to the lands) is controlled by one public or private organization or one individual. Irrigation return flow is concerned with the drainage from irrigated land. It does not include the delivery of irrigation water.

(d) "Feedlots" includes:

(1) "Small feedlots", by type and capacity:

(A) Slaughter and feeder cattle - up to 1,000;

(B) Mature dairy cattle - up to 700;

(C) Swine weighing over 55 lbs. - up to 2,500;

(D) Sheep - up to 10,000;

(E) Turkey - up to 55,000;

(F) Chickens, with continuous overflowing watering - up to 100,000;

(G) Chickens, with liquid manure handling systems - up to 30,000;

(H) Ducks - up to 5,000.

(e) FEES

(1) Minor municipal and industrial discharges - $50

(2) Irrigation return flow - $10

(3) Small feedlots - $10

(f) The permits shall run from the date of issuance, and the annual fees shall be paid to the Tribe.

(1) Upon receipt of an application, the Tribe shall prepare a tentative determination to issue or deny the permit, and if it is to be issued, its tentative determination as to the terms and conditions of such permit.

(2) Public notice of every complete application for a discharge permit shall be circulated in a manner designed to inform interested and potentially interested persons of the proposed discharge and of the proposed determination to issue or deny a permit. Procedures for the circulation of public notice shall be established by the Tribe and shall include at least the following:

(A) Notice shall be circulated within the geographical areas of the proposed discharge.

(B) Notice shall be mailed to any person or group upon request.

(C) The Tribe shall add the name of any person or group upon request to a mailing list to receive copies of notices for all discharge applications within the state or within a certain geographical area.

(D) The Tribe shall promulgate such regulations as are necessary and appropriate to provide an opportunity for public hearing, when appropriate, prior to granting or denial of a discharge permit by the Tribe.