(1) “Applicant” for purposes of Section 401 of the CWA certification means any person who applies for a license or permit issued by an agency of the federal government to conduct an activity that may result in a discharge of a pollutant to Reservation surface waters or wetlands.

(2) “Certification” means a letter of approval, denial or approval with conditions of an application for certification issued by the Director of YTEP and/or authorized representatives.

(3) The definitions of other terms used in these regulations shall be consistent with those used in Chapter 21.20 YTC, Water Pollution Control, and the CWA and its implementing regulations. In the case of ambiguity, words will be given their ordinary meaning.

(1) No discharge of pollutants or construction of any facility which may precipitate a discharge of pollutants to Reservation surface waters, including wetlands, may commence without first obtaining a written certification of such discharge as described herein.

(2) Application for certification may be made upon a form supplied by YTEP or in any manner which adequately and accurately describes the applicant’s name and address, a description of the proposed point source or activity, its volume, biological, chemical, physical and radiological characteristics, a description of the existing environmental conditions at the site of the proposed discharge, its location and duration and extent of the proposed discharge. The applicant shall also supply YTEP with the size of the area potentially affected, the location or locations at which the discharge may enter Reservation waters and any environmental impact assessment, information, maps and/or photographs provided to any licensing or permitting agency, the date or dates of the proposed activity’s inception and termination, a description of the methods proposed to monitor the quality and characteristics of the discharge and operation of the facility from which the discharge will originate, and a description of the functions and operation of the activity and any practices proposed to minimize or treat pollutants or other effluent which may be discharged to Reservation waters. The applicant should submit an initial permit fee of $500.00. Based on the scope and complexity of the proposed project, the actual fee may vary based on staff time involved.

(3) In cases where a Section 402 of the CWA permit application has been made to the EPA or a Section 404 of the CWA permit application has been made to the U.S. Army Corps of Engineers, the applicant may submit a complete copy of that permit application to YTEP in lieu of subsection (e)(2) of this section, but may be requested by YTEP to supply such additional information as may be reasonably required to afford it sufficient information to make a certification decision in conformity with the CWA.

(4) Upon receipt of an application for certification, YTEP shall make a record of the date of its receipt. If upon examination the application is found to be defective or incomplete, it will promptly be returned to the applicant for correction or completion, and the date and reasons for the return shall be marked on a copy of the application and made of record in YTEP files. The applicant shall be notified of the deficiencies by certified mail within 30 days of receipt by YTEP. The applicant shall have another 30 days from notification of the incomplete application to supply complete information to YTEP or face rejection of the application.

(5) Within 30 days of submission of a complete application and supporting scientific and technical information, YTEP may grant, deny or grant with conditions the application for Section 401 of the CWA, Certification. Response from YTEP may be extended an additional 45 days upon determination that the time provided is insufficient to carry out consultation and technical review of an application.

(6) If YTEP accepts the application and later determines that additional information is required before a certification decision can be made, such information may be required at a later date without rejecting the application. Once a complete application for certification is received by YTEP, it shall be granted, denied or granted with conditions or alternatives.

(7) YTEP shall issue a statement of its reasons for denial of certification in writing to the applicant and such statement shall be made a part of YTEP’s official record with regard to the application.

(8) YTEP’s decision as to any complete application for certification shall constitute an “agency action” within the meaning of Chapter 21.20 YTC, Water Pollution Control, and may be appealed according to the terms of that chapter. Any person aggrieved by YTEP’s final determination with respect to granting or denying the grant of certification with conditions or alternatives may be appealed as set forth in Chapter 21.20 YTC, Water Pollution Control.

(1) By mailing notice of the application for certification to persons and organizations who have requested the same and to all others deemed appropriate.

(2) When determined by YTEP as necessary to protect the public interest. However, certification action shall not be construed to constitute rulemaking proceedings for any other purpose. The publication shall be made on a form approved by YTEP as appropriate, and the applicant shall arrange for publication and bear the cost of such publication and provide an affidavit of publication to YTEP.

(3) Any person desiring to present views on an application in relation to water pollution control considerations shall do so by providing the same in writing to YTEP. In cases where YTEP has elected to seek public comment on an application, no application may be deemed complete until the public comment period and hearing, if any, has been completed.

(4) If YTEP determines there is sufficient public interest in any application, a public hearing for the informal submission of informal oral or written testimony may be held. When this determination is made before notice of application as set out in subsection (f)(1) of this section, the notice shall include the time and place of the hearing. Otherwise a separate notice of public hearing shall be made and such notice shall be distributed and published in the manner provided above. In addition, it shall be the applicant’s responsibility to obtain YTEP approval of all notices referenced herein and to arrange for publication of the same. [Res. 04-46 § 4.4, adopted, 8/25/2004.]