CHAPTER 4-5 ON-SITE WASTEWATER TREATMENT AND DISPOSAL

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4-5-1

Findings

Construction and utilization of on-site wastewater treatment and disposal systems, also known as septic

tank systems, affect water quality on the Colville Indian Reservation. The economy, health, safety and

welfare of the people residing and doing business within the Colville Indian Reservation are affected by the

construction and utilization of on-site wastewater treatment and disposal systems servicing both Indian and

non-Indian people on trust and fee land within the Colville Reservation. Inadequate treatment and disposal

of wastewater can contaminate and degrade water resources on which many people depend for domestic,

agricultural, industrial, business, recreational and other uses. The existence of shallow groundwater,

unacceptable soil percolation rates, steep slopes, shallow bedrock, silt and clay strata throughout much of

the Colville Reservation together with anticipated population growth and business development on the

Reservation require uniform planning, standards and permitting procedures in order to protect the quality of

Reservation waters for current and future intended uses. The Colville Confederated Tribes have

jurisdiction to enforce uniform on-site wastewater treatment and disposal system planning, standards and

permitting procedures throughout the Colville Reservation in order to protect the economy, health, safety,

and welfare of the Reservation population.

4-5-2

Territory Covered

The provisions of this Chapter, to be known as the On-Site Wastewater Treatment and Disposal System

Chapter, shall apply to all territory and waters of the Colville Indian Reservation. Every residence, place of

business, other building or other place where persons congregate, reside, or are employed, in which

plumbing fixtures are installed and to which a public sewer or other wastewater treatment and disposal

system is not available and connected, shall be provided with an on-site sewage disposal system which

shall be constructed, operated and maintained in accordance with this Chapter.

4-5-3

Administration

The Water Quality Department of the Colville Confederated Tribes shall administer this Chapter. Fees

may be charged for permits and administration services provided under this Chapter in accordance with a

Fee Schedule proposed by the Water Quality Department and adopted by the Tribal Council.

(Amended 4/6/06, Certified 4/10/06, Resolution 2006-173)

4-5-4

Definitions

For the purpose of this Chapter the following words and phrases shall have the meanings ascribed to them

in this section.

(a) “Alternative system” means any on-site sewage system consisting of treatment and/or disposal

components other than a septic tank and subsurface soil absorption system (SSAS).

(b) “Approved” means acceptable by the Engineer and/or Department as stated in writing

(c)"Bed" means a soil dispersal component consisting of an excavation with a width greater than three feet.

(Amended 7/7/11, Certified 7/14/11, Resolution 2011-470)

(d) “Cover” means soil placed over a subsurface disposal area composed predominately of mineral material

with no greater than ten percent organic content. Cover material may contain an organic surface layer for

establishing a vegetative landscape to reduce soil erosion.

(Amended 7/7/11, Certified 7/14/11, Resolution 2011-470)

(e) “Cuts and/or banks” means any naturally occurring or man formed slope which is greater than 100%

(45º) and extends vertically at least five feet from the toe of the slope to the top of the slope as follows:

_________\

45º \

(f) “Department” means the Colville Confederated Tribes Water Quality Department.

(July 2011 version of Chapter 4-5)

(Amended 4/6/06, Certified 4/10/06, Resolution 2006-173)

(g) “Design Manual” or “EPA Design Manual” means the document entitled “Onsite Wastewater

Treatment System Manual,” published by the U.S. Environmental Protection Agency, Report No.

EPA/625/R-00/008 (February 2002) as subsequently revised or modified.

(Amended 7/7/11, Certified 7/14/11, Resolution 2011-470)

(h)"Design flow" means the maximum volume of sewage a residence, structure, or other facility is

estimated to generate in a twenty-four hour period. It incorporates both an operating capacity and a surge

capacity for the system during periodic heavy use events. The sizing and design of the on-site sewage

system components are based on the design flow.

(Amended 7/7/11, Certified 7/14/11, Resolution 2011-470)

(i) "Drainrock" means clean washed gravel or crushed rock used in a SSAS ranging in size from threequarters inch to two and one-half inches, and containing no more than two percent by weight passing a US

No. 8 sieve and no more than one percent by weight passing a US No. 200 sieve.

(Amended 7/7/11, Certified 7/14/11, Resolution 2011-470)

(j) “Experimental system” means alternative on-site system for which guidelines have not yet been

established by the Water Quality Department.

(Amended 4/6/06, Certified 4/10/06, Resolution 2006-173)

(k) "Expansion" means a change in a residence, facility, site, or use that:

1) Causes the sewage quantity or quality to exceed the existing design flow of the on-site system,

for example, when a residence is increased from two to three bedrooms or a change in use

from an office to a restaurant; or

2) Reduces the treatment or dispersal capability of the existing on-site sewage system or the

reserve area, for example, when a building is placed over a reserve area.

(Amended 7/7/11, Certified 7/14/11, Resolution 2011-470)

(l) "Extremely gravelly" means soil with sixty percent or more, but less than ninety percent rock fragments

by volume.

(Amended 7/7/11, Certified 7/14/11, Resolution 2011-470)

(m) "Failure" means a condition of an on-site sewage system or component that threatens the public health

by inadequately treating sewage or by creating a potential for direct or indirect contact between sewage and

the public. Examples of failure include:

1) Sewage on the surface of the ground;

2) Sewage backing up into a structure caused by slow soil absorption of septic tank effluent;

3) Sewage leaking from a sewage tank, pump chamber, holding tank, collection system, or any

other integrated component;

4) Cesspools or seepage pits where evidence of ground water or surface water quality degradation

exists;

5) Inadequately treated effluent contaminating ground water or surface water.

(Amended 7/7/11, Certified 7/14/11, Resolution 2011-470)

(n) Noncompliance with standards stipulated on the permit.

(o) “Geotextile” means a fabric barrier material covering the gravel trench or bed. The fabric shall be spunbound (non-woven), free of any chemical treatment or coating which reduces permeability, inert to

(July 2011 version of Chapter 4-5)

chemicals commonly found in soil, free of petroleum products, and have a fabric weight of three to four

ounces per square yard, or an apparent opening size (AOS) of 0.212 to 0.300 millimeters.

(Amended 7/7/11, Certified 7/14/11, Resolution 2011-470)

(p) "Gravelly" means soils with fifteen percent or more, but less than thirty-five percent rock fragments by

volume.

(Amended 7/7/11, Certified 7/14/11, Resolution 2011-470)

(q) Gravity system” means an on-site sewage system consisting of a septic tank and a subsurface soil

absorption system with gravity distribution of the effluent.

(Amended 7/7/11, Certified 7/14/11, Resolution 2011-470)

(r) "Gray water" means sewage from bathtubs, showers, bathroom sinks, washing machines, dishwashers,

and kitchen sinks. It includes sewage from any source in a residence or structure that has not come into

contact with toilet wastes.

(Amended 7/7/11, Certified 7/14/11, Resolution 2011-470)

(s) “Groundwater” means subsurface water occupying the zone of saturation, permanently or seasonally

(the top surface of which is commonly referred to as the water table), the indication of which may be

demonstrated by one or all of the following methods:

1) Water seeping into or standing in an open excavation from the soil surrounding the excavation.

2) Spots or blotches of different shades of color interspersed with a dominant color in soil,

commonly referred to as mottling. This is caused by an intermittent period of saturation and

drying and may be indicative of poor aeration and impeded drainage.

(t)"Industrial wastewater" means the water or liquid carried waste from an industrial process. These wastes

may result from any process or activity of industry, manufacture, trade or business, from the development

of any natural resource, or from animal operations such as feedlots, poultry houses, or dairies. The term

includes contaminated storm water and leachate from solid waste facilities.

(Amended 7/7/11, Certified 7/14/11, Resolution 2011-470)

(u) “Larger on-site sewage system” (LOSS) means any on-site sewage system with design flows, at any

common point, greater than 3,500 gallons per day.

(Amended 7/7/11, Certified 7/14/11, Resolution 2011-470)

(v) "Oils and grease" (formerly referred to as FOG) means oil and grease, a component of sewage typically

originating from food stuffs (animal fats or vegetable oils) or consisting of compounds of alcohol or

glycerol with fatty acids (soaps and lotions), typically expressed in mg/L.

(Amended 7/7/11, Certified 7/14/11, Resolution 2011-470)

(x) “On-site sewage system” means any system of piping, treatment devices, or other facilities that convey,

store, treat, or dispose of sewage on property where it originates or on adjacent or nearby property under

the control of the user where the system is not connected to a public system.

(y) “Ordinary high water mark” means the mark on all lakes, streams, and river waters which will be found

by examining the beds and banks and ascertaining where the presence and action of waters are so common

and usual, and so long continued in all ordinary years, as to mark upon the soil a character distinct form

that of the abutting upland, in respect to vegetation, as that condition exists on the effective date of this

regulation or as it may naturally change thereafter; Provided, that in any area where the ordinary high water

mark shall be the line to mean high water.

(z) “Percolation test” means a soil test performed according to accepted engineering standards and

otherwise in accordance with this Chapter at the depth of the bottom of a proposed soil absorption system

to estimate the water absorption capability of the soil. The results are normally expressed at the rate in

minutes in which one inch of water is absorbed.

(July 2011 version of Chapter 4-5)

(aa) “Person” means any individual, association of individuals, partnership, private, public, tribal or

municipal corporation, tribal enterprise, company, business enterprise, or any tribal, federal, state, or local

government or governmental entity or enterprise.

(bb) “Proprietary device or method” means any device or method classified as an alternative system or

component thereof that is held under a patent, trademark, or copyright.

(cc) “Public sewer system” means a sewage system which is owned or operated by the Colville

Confederated Tribes, by the federal government, by the State of Washington or any subdivision thereof, or

any other approved ownership consisting of a collection system and necessary trunks, pumping facilities

and a means of final treatment and disposal.

(dd) “Repair” means the replacement, addition, alteration or installation of one or more components of a

system necessary to eliminate an existing or potential health hazard to the Reservation population or

pollution or other damage to the waters of the Reservation or the Reservation environment, which may be

caused by either a failure or inadequate system.

(ee) "Reserve area" means an area of land approved for the installation of a conforming system that is

protected and maintained for replacement of the OSS upon its failure.

(Amended 7/7/11, Certified 7/14/11, Resolution 2011-470)

(ff) “Resident Owner” means the property owner of record who is or will be the resident or occupant of the

single family residence for a minimum of six consecutive months or other individual approved by the

health officer.

(Amended 7/7/11, Certified 7/14/11, Resolution 2011-470)

(gg) "Residential sewage" means sewage having the constituency and strength typical of wastewater from

domestic households.

(Amended 7/7/11, Certified 7/14/11, Resolution 2011-470)

(hh) “Restrictive layer” means a layer that impedes the movement of water, air, and growth of plant roots.

Examples of such layers or conditions are groundwater tables, hardpans, claypans, fragipans, and

compacted soil.

(ii) “Septic tank” means watertight pretreatment receptacle which receives the discharge of sewage from a

building sewer or sewers and is designed and constructed so as to permit separation of settleable and

floating solids from the liquid, detention and digestion of the organic matter, prior to discharge of the liquid

portion.

(jj) “Sewage” means the water-carried human or domestic waste from residences, buildings, industrial

establishments or other facilities, together with such groundwater infiltration that may be present.

(kk) “Sieve test” means a laboratory test for identifying soil texture and type by quantification of soil

particles less than 2 mm. in diameter.

(ll) “Soil log” means an excavation in soil of sufficient size and depth made to allow adequate

determinations of the soil’s texture, structure, color, bulk density or compaction, water absorption

capabilities or permeability, and/or any other characteristics providing information as to the soil’s capacity

to act as an acceptable treatment and disposal medium for sewage.

(mm) “Subdivision” means a division of land, as defined in the Land Use Chapter under the Colville Law

and Order Code, now or as hereafter amended.

(nn) “SSAS” or “Subsurface Soil Absorption System” means a system consisting of trenches (three feet or

less in width) or beds (more than three feet in width), together with the piping and gravel, designed and

installed in original undisturbed soil for the purpose of receiving effluent from a septic tank or other

(July 2011 version of Chapter 4-5)

pretreatment device and transmitting it into the soil.

(oo) “Surface water” means any body of water, which either flows or is contained in natural or artificial

depressions for significant periods of the year, such as, but not limited to, natural and artificial lakes, ponds,

unlined canals, rivers, streams, swamps, and marshes.

(pp) “Type 1 Soil” means soil with a texture as noted in Table I-A, section 4-5-15 or other soils where

conditions are such that the treatment potential is ineffective in retaining and/or removing substances of

public health significance to underground sources of drinking water.

(qq) “Vertical separation” means a depth of unsaturated soil that exists between the bottom of an SSAS and

a restrictive layer or water table.

(Amended 7/7/11, Certified 7/14/11, Resolution 2011-470)

(rr) "Very gravelly" means soil containing thirty-five percent or more, but less than sixty percent rock

fragments by volume.

(Amended 7/7/11, Certified 7/14/11, Resolution 2011-470)

(ss) “Waters of the Reservation” means all lakes, rivers, ponds, streams, inland waters, underground waters,

salt waters, and all other surface water, groundwater and watercourses located within the Colville Indian

Reservation.

(tt) All words not define herein shall be defined as commonly utilized in the EPA Design Manual and or

Northeast Tri County Health District On-site Sewage Systems Regulation 01-2007.

(Amended 7/7/11, Certified 7/14/11, Resolution 2011-470)

4-5-5

Scope

(a) No person shall occupy any building, dwelling, or other place of habitation unless adequate and sanitary

facilities for the disposal of sewage shall have been provided therefore in conformance with the provisions

of this Chapter.

(b) Every building in which plumbing fixtures are installed and all premises having drainage piping therein

and being located where no public sewer is available, shall be connected to an approved sewage disposal

system.

on-site sewage disposal system contrary to the provisions of this Chapter.

4-5-6

Applicability

This Chapter shall apply to all on-site sewage systems within the Colville Indian Reservation. Construction

permits or other comparable approvals issued by the Indian Health Service, the Colville Confederated

Tribes, Okanogan or Ferry Counties or the municipalities of Inchelium, Omak, Okanogan, Nespelem,

Elmer City or Coulee Dam prior to the effective date of this Chapter are valid under this Chapter, Provided

that this Chapter shall apply where its provisions are more stringent.

4-5-7

Experimental Systems

(a) Systems listed on the Washington State Department of Health List of Registered On-site Treatment and

Distribution Products are considered experimental except for public domain technology with a

Recommended Standards and Guidance Document, composting toilets, incinerating toilets, and gravelless

chamber products.,

(b) If supportive theory and/or applied research exists, a limited number of specific experimental systems

may be permitted. Prior to the installation of such a system, an experimental system permit shall be

obtained from the Department. Costs for monitoring and reporting shall be included as part of the

experimental system permit fee. The Department in its discretion may establish reporting requirements and

a bond for system performance.

(July 2011 version of Chapter 4-5)

(1) The experimental system proposed is attempting to correct a failing system and other conventional

or alternative systems are not economically feasible.

(2) The experimental system proposed is for new construction where it has been determined that an onsite sewage system meeting the requirement of this Chapter and regulations could be installed in the

event of failure of the experiment. A recorded agreement shall exist stating that in the event of

unsatisfactory performance or a failure to adequately monitor the system and submit the records to the

Department, the Department may direct that use of the experimental system be discontinued and a new

system meeting the requirements of this Chapter be installed at the earliest reasonable time considering

the health effects.

(d) The Department shall require monitoring of the performance of experimental systems in a manner and

with a frequency as established by the conditional permit, and the costs of such monitoring shall be borne

by the applicant.

(e) Financial guarantees of installation and bonding may be required in the discretion of the Department as

a condition of permitting for alternative larger and experimental systems.

(Amended 7/7/11, Certified 7/14/11, Resolution 2011-470)

4-5-8

Maintenance

On-site sewage disposal systems shall be maintained in a manner to ensure compliance with this Chapter,

including but not limited to section 4-5-19.

4-5-9

No Discharge to Waters or Ground Surface

Untreated waste or effluent from any on-site sewage disposal system shall not be discharged to surface

water or upon the surface of the ground or to groundwater by any means, including but not limited to

underground injection, unless guidelines allowing such use have been developed and approved by the

Department.

4-5-10 Connection to Public Sewer System

Connection of any existing dwelling unit or other premises with a failing on-site sewage system shall be

made to a public sewer system where there is an adequate public sewer system within two hundred (200)

feet of the dwelling or other facility to be served as measured along the usual or most feasible route of

access, and such connection is permitted by the sewer utility. As a condition to such connection,

pretreatment of such effluent may be required by the Department in compliance with tribal or federal law.

This requirement may be waived if such waiver is consistent with local sewer district regulations and the

Department determines that adequate site conditions exist which allow the installation of a replacement onsite sewage system.

4-5-11 Larger On-Site Sewage Systems

In cases where the maximum design flow of any on-site disposal system is greater than 3,500 gallons per

day, review and approval of plans shall be conducted in substantial compliance with this code and the

following additional requirements:

(a) Designed by a Professional Engineer.

(b) Pressure distribution shall be used for effluent distribution.

(d) SSAS shall be constructed with 100 percent of the required SSAS sizing and 50 percent of the required

reserve size. The SSAS shall be capable of alternate operation.

(July 2011 version of Chapter 4-5)

(e) Effluent characteristics to the SSAS system shall be of residential characteristics.

(f) Septic tanks shall be sized for two times the design daily flow.

(g) LOSS or onsite systems shall not be utilized for the treatment of industrial wastewater

(h) LOSS shall not allow the Water Quality Standards to be exceeded in accordance with the Section 4-8

Colville Tribe Codes.

(Amended 7/7/11, Certified 7/14/11, Resolution 2011-470)

4-5-12 Permits

(a) It is unlawful to construct, install, repair, modify, or alter an on-site sewage disposal system without an

on-site sewage disposal permit. The Department may require recertification of existing systems for use

with new construction, remodeling or expansion.

(b) On-site disposal permits may be issued to the owner of the property on which the on-site sewage

disposal system is built and shall transfer automatically with transfers of ownership of the affected lands.

Such fee schedule shall be presented to the Colville Tribal Council for adoption.

(d) Applications for an on-site sewage disposal permit shall be made to the Department, which may deny

the application if it finds that the physical features of the property on which it is proposed to locate the

system, or the design of the system, may not adequately protect the health and welfare of the Reservation

population or the environmental quality of Reservation waters.

(e) The fee for application review shall be stated in the Department’s fee schedule.

(f) Applications for an on-site sewage disposal system permit shall be on a form approved by the

Department and shall require at least the following:

(1) Name, address and telephone number of the applicant site owner and builder;

(2) Legal description of site and lot size;

(3) Type of facility to be served (including number of bedrooms if a dwelling);

(4) Preconstruction diagram depicting the location of structures and distance of proposed

system to water supplies, surface water, banks, cuts, property lines, structures, and other

improvements within two hundred and fifty (250) feet of the proposed system;

(5) General topography of site;

(6) Source of potable water;

(7) Soil information describing nature and depths of soils and site constraints such as shallow

bedrock, shallow soil, depth of groundwater at its highest point;

(8) Percolation test date during periods of highest soil saturation;

(9) Maximum design flow in gallons per day and if commercial operations, then the expected

effluent characteristics;

(10) Size of septic tank (length, width, depth and number of compartments) and location;

(11) Location, length, depth of disposal system and field;

(July 2011 version of Chapter 4-5)

(12) Dates of commencement and completion of system construction;

(13) Approximate date for inspection of system in place but before it is covered.

(g) Permits for the construction of an on-site sewage disposal system shall expire one year after the date

issued unless the Department has approved the system for operation.

(Amended 7/7/11, Certified 7/14/11, Resolution 2011-470)

4-5-13 Inspections

(a) All construction done and materials used in on-site sewage disposal systems shall be subject to

inspection by the Department at reasonable times in order to determine compliance with this Chapter. It

shall be unlawful and it is declared to be a public nuisance endangering the health, safety, welfare and

economy of the people of the Colville Reservation to use any system until use of that system has been

approved by the Department. The date of permit approval shall appear on the approved permit.

(b) At the time of final inspection, septic tank construction shall be completed and its cover removable so

that it inside sections may be inspected, and the absorption trenches or beds must be completed except for

backfilling and if any part of the work is covered before it is inspected or approved, the Department may

order the system uncovered.

to request an inspection. The Department shall, within five (5) working days or receiving notice, make a

final inspection.

(d) If the Department finds the work, material, design or location of the on-site sewage disposal system not

to be in compliance with this Chapter and regulations, the Department shall set forth the deficiencies in

writing. If the deficiencies are not corrected within the time requested by the Department, the permit shall

be revoked and the system’s use prohibited as a public nuisance endangering the health, safety or welfare

of the population of the Colville Reservation.

(e) The Department may delegate inspection responsibilities through a memorandum of understanding to

qualified employees of the Public Health Departments of Okanogan and Ferry Counties or other

appropriate public or private representatives.

(f) The Department shall use criteria set forth in the EPA Design Manual and other standard references

which the Business Council may adopt as rules to further implementation of this Chapter.

(g) The Department may issue a notice to comply, a stop work order, or revoke a permit when it finds that

any provision of this Chapter or any provision of a permit issued pursuant to this Chapter is being violated.

4-5-14 Minimum Lot Sizes For Subdivisions

(a) For any development approved after January 31, 1985, including but not limited to subdivisions, mobile

home parks, multi-family housing, and commercial establishments where an on-site sewage system is

proposed, the minimum land area requirements set forth in Table I shall be used.

Table I

SOIL TYPE AND LOT SIZE

SOIL TYPES*

Soil Type

12,500

15,000

18,000

Public Water Supply

Acre

Sq. ft.

Sq. ft

Private Water Supply

Acre

* See Table I-A, section 4-5-150, for soil types.

20,000

Sq. ft

Acre

22,000

Sq. ft

Acre

(July 2011 version of Chapter 4-5)

(b) Any portion of a lot which is encumbered by an easement, or road, or canal, or is submerged

for a total of ten (10) days per calendar year shall not be considered in computing lot area. Larger

lot sizes may be required by the Department on the basis of the information submitted. Factors to

be considered when determining lot size include, but are not limited to, the following:

(1) Soil type and depth;

(2) Area drainage, lot drainage;

(3) Proposed method of sewage disposal;

(4) Slopes;

(5) Topography, geology, and ground cover;

(6) Individual and accumulated gross effects on water quality;

(7) Reserve areas for additional subsurface disposal; and

(8) Anticipated sewage volume.

below one acre providing such reduction will not impact an aquifer, and providing such reduction

is consistent with regulations approved by the Colville Tribal Council.

(Amended 7/7/11, Certified 7/14/11, Resolution 2011-470)

4-5-15 Determination of Site Characteristics

(a) Site and soil characteristics shall be determined in accordance with Chapter 5 of the EPA Design

Manual except where modified by or in conflict with this Chapter. Use the soil names and particle size

limits of the United States Department of Agriculture Natural Resources Conservation Service

classification system; Determine texture, structure, compaction and other soil characteristics that affect the

treatment and water movement potential of the soil by using normal field and/or laboratory procedures such

as particle size analysis; and Classify the soil as in Table 1-A.

(Amended 7/7/11, Certified 7/14/11, Resolution 2011-470)

Table I-A

SOIL TYPE DEFINITIONS FOR MINIMUM LOT SIZE

Soil Type

Drainage

Excessive

Percolation Rate*

Less than 1 min./inch

Good

Fair

1 - 4 min./inch

5 - 9 min./inch

Poor

10 - 19 min./inch

Marginal

20 - 29 min./inch

Slow

30 – 60 min./inch

General Soil Classification

Gravelly and very gravelly coarse sands, all

extremely gravelly soils except where soil

types 5 and 6 make up the non-gravel

component.

Coarse sands.

Medium sands, loamy coarse sands, loamy

medium sands.

Fine sands, loamy fine sands, sand loams

loams.

Very fine sands, loamy very fine sands; or silt

loams, sandy clay loams, clay loams and silty

clay loams with a moderate or strong structure

(excluding platy structure)

Other silt loams, sandy clay loams, clay

loams, silty clay loams.

(July 2011 version of Chapter 4-5)

Unsuitable for

treatment or

dispersal

> 60 min./inch

Sandy clay, clay, silty clay, strongly cemented

or firm soils, soil with a moderate or strong

platy structure, any soil with a massive

structure, any soil with appreciable amounts

of expanding clays.

(Amended 7/7/11, Certified 7/14/11, Resolution 2011-470)

(b) All site evaluations shall be performed by or under the direct supervision of the Department, Indian

Health Service or tribal sanitarian, a registered sanitarian, professional engineer, registered soil

scientist(American Registry of Certified Professional in Agronomy, Crops and Soils), or certified

designer having knowledge and experience in the areas of soil and wastewater treatment and disposal.

EPA Design Manual

(d) If sufficient information is not available concerning water table conditions, the Department may require

that the soils analysis be performed during the months of suspected high water table conditions.

(Amended 7/7/11, Certified 7/14/11, Resolution 2011-470)

4-5-16 Subdivision and Individual Site Review

(a) Subdivisions: preliminary tests for subdivisions utilizing on-site sewage systems shall include at least

one representative soil log per acre or tract or more as required by the Department. A reduced number of

soil logs may be allowed if adequate soils information is available.

(b) Individual sites: at least one soil log shall be performed at the site of each disposal area. This

requirement may be waived by the Department if adequate soils information is available. Additional soil

logs may be required where the soil characteristics vary.

procedures specified in section 4-5-15.

4-5-17 Location

(a) The minimum distances for location of the various component parts of an on-site sewage system are

measured horizontally and shall comply with Table II :

Table II DISTANCE IN FEET FROM SYSTEM COMPONENT

Items Requiring Setback

From septic tank

& dist. Box

From bldg.

sewer collection

* privy

Well or suction line

From edge of

SASS &

replacement area

100

Decommissioned well

Public Drinking Water

Well

100

Water supply line under

pressure

Surface Water Measured

from ordinary High

Water (1 & 3)

Public drinking water

spring

100

200

100

200

(July 2011 version of Chapter 4-5)

Bldg. Foundation

Property lines, easement

lines

Interceptor/Curtain/Drain

drainage ditch up slope

from system component

-down slope from system

component

Cuts of banks: -minimum

of 5' of original soil

above restrictive layer

due to structural/texture

change

---less than 5' of original

soil above restrictive

layer or layer due to

structural or textural

change and that layer is

intersected

1 With Type 1 soil and/or other sites where conditions indicate greater potential for ground or surface water

contamination or pollution, the distance from any water supply or surface water may be increased by the

Department.

2 A reduced separation can be allowed by the Department if it can be demonstrated that the reduction will

not have an adverse effect on water quality or the health, safety or welfare of the Reservation population.

However, in no case shall the separation be less than seventy-five (75) feet.

3 Setbacks from surface waters shall be measured from the ordinary ranges of slope.

* Privies will not be approved if water under pressure is supplied to the dwelling unless an approved

greywater system is also installed.

(Amended 7/7/11, Certified 7/14/11, Resolution 2011-470)

(b) SSAS shall not be permitted in areas where a minimum vertical separation of at least one and half (1.5)

feet from bottom of the SSAS to a restrictive layer or water table cannot be maintained.

(d) The reserve area where the soil and site conditions are acceptable for the installation of a SSAS shall be

maintained for the purpose of system replacement. Except where otherwise authorized by the Department,

it shall consist of one hundred percent of the normally needed area. Where required by the Department, or

requested by the applicant, installation of alternating or dual drain fields may be specified as an alternative

to provision of a reserve area. Where required, an alternative device such as a valve or diversion box, will

be place between the septic tank and the drain field lines. The alternating device must meet the approval of

the Department and shall be of such construction that effluent shall not enter that portion of the drain field

which is being rested. Use of the different portions of the drain field shall be on a scheduled basis, normally

annually. Because of the alteration of rest and dosing cycles to the drain fields, each line may be reduced in

length by up to twenty-five (25) percent from the requirement for a single line, subject to approval by the

Department for alternative systems as set forth in section 4-5-7.

(e) The site of the initial and replacement SSAS shall be selected and maintained so that it is free from

encroachment by buildings and other structures. The area shall not be covered by an impervious material

and shall not be subject to vehicular traffic or other activity which would adversely affect the soil including

easements, cover by impervious material, vehicular traffic or other activities adversely affecting the soil or

the performance of the SSAS.

(July 2011 version of Chapter 4-5)

(f) Provisions shall be made to prevent flow or accumulation of surface water or stormwater over the area

where the on- site sewage system is located.

(g) On-site sewage systems shall not be located on landforms which are unstable as determined by the

Department.

(Amended 7/7/11, Certified 7/14/11, Resolution 2011-470)

4-5-18 Design

(a) The detailed design and construction of all on-site sewage systems shall conform to the EPA Design

Manual, except where modified by, or in conflict with, this Chapter. Other acceptable design guidelines

include Recommended Standards and Guidance Documents created by the Washington State Department

of Health.

(b) The design for an on-site sewage system shall be performed by or under the supervision of a

professional engineer, registered sanitarian or certified designer. A resident owner, at the discretion of the

Department, may design his or her own system if a minimum vertical separation of four feet can be

maintained and the waste is residential sewage.

served unless otherwise approved by the Department. For establishments other than individual residences,

the typical values noted in the Design Manual referred to in sections 4-5-4 (f) and 4-5-18 (a) shall be used.

Any deviations shall be supported by appropriate water usage information and/or the use of low water use

fixtures. Drainage from footing or roof drains or any other type of drain shall neither enter the sewage

system nor be directed over the area where the on-site sewage system is located.

(d) All wastes with quality greater than residential sewage shall be pretreated to reduce the waste strength

to a quality of residential sewage.

(e) On-site sewage systems shall not be utilized for the treatment of disposal of industrial wastewater.

(f) All food service establishments and or commercial business shall have grease traps and or oil water

separators to reduce the oils and grease to the quality of residential sewage.

(g) All onsite systems shall be sited in accordance with existing Colville Tribal Codes including the

following:

4-3 Land Use and Development

4-4 Cultural Protection

4-5 On-site Wastewater Treatment and Disposal

4-10 Water Use and Permitting

4-15 Shoreline Permitting

(h) All septic tanks shall be designed in accordance with section 4-5-18(a). Moreover, where applicable the

following additional requirements shall apply:

(1) All tanks must have a minimum of two compartments with the first compartment consisting of

one-half to two-thirds of the required total volume.

(2) Intercompartmental apparatus shall be sanitary tees, slots, or baffles assuring that effluent only

from the clarified zone passes into the next compartment.

(3) Septic tanks to service single family residences shall have a minimum liquid capacity based on

the number of bedrooms in the residence, as follows:

(July 2011 version of Chapter 4-5)

Number of Bedrooms

up to 4 bedrooms

for each additional bedroom add:

Required Minimum

1000

250

(A septic tank designed to service a facility other than one single family residence shall

have a minimum liquid capacity equal to two (2) times the projected daily sewage

volume with a minimum of 1500 gallons.)

(4) Tanks meeting standards acceptable to the Department shall be approved for use pursuant to

this Chapter.

(5) All septic tanks and pump chambers to be located in high water table areas shall be adequately

treated to preclude groundwater intrusion.

(6) All tanks shall be water tight.

(7) All access openings shall be extended to the ground surface with water tight extensions.

(h) Effluent shall be disposed of by means of a SSAS except when approval for other disposal system is

granted by the Department. The size of the SSAS shall be determined from the results of the site review,

soil logs per the Design Manual, and by applying Table IV

TABLE IV

The SSAS shall be sized according to the following Table:

Soil Type

EFFLUENT APPLICATION RATE

(gallons per day per square foot of absorption area)

1.0

0.8

0.6

0.4

0.2

Not Allowable

SSAS systems in type 1 soil shall have pretreatment of intermittent sand filter or mound

system

(i) SSAS systems shall have the following minimum vertical separation requirements.

Vertical Separation

SSAS System

>36”

Gravity

24-30”

18-24”

Pressure Distribution

Pretreatment by mound or intermittent sand filter

and pressure distribution

<18”

Not Acceptable

(July 2011 version of Chapter 4-5)

(j) The installation and use of cesspools and seepage pits for the disposal of sewage is not permitted.

(k) The bottom of a SSAS shall not be deeper than three feet below the finished grade except under special

conditions approved by the Department. Under no circumstances shall the depth of a system exceed ten

feet from finished grade.

(l) Subsurface absorption beds (see definition of SSAS) may be considered for use only when authorized by

the Department and when the soils are Type 1, 2 or 3.

(m) Piping material shall be approved by the Department.

(n) Colville Confederated Tribes Design and Construction Standards for Conventional On-site Sewage

Disposal Systems” as presently constituted and hereafter amended, are hereby adopted and incorporated by

reference in this regulation.

(o) When sewage holding tank systems are to be used, a management program assuring ongoing operation

and maintenance, which shall be approved by the Department, shall be in effect. Sewage holding tanks

shall only be used for the following situations.

(1) Controlled, part-time, nonresidential usage situations including, but not limited to recreational

vehicle parks and trailer dump stations; and

(2) On an interim use basis to handle emergency situations or to correct existing problem systems.

(p) Systems shall be installed in compliance with the permit specifications unless a change is authorized in

writing by the Department. Record drawings drawn to scale with measurements (accurate to +/- ½ foot) and

directions to all buried components shall be completed after installation of the system. Record drawings

shall include initial setting of electrical or mechanical parts.

(Amended 7/7/11, Certified 7/14/11, Resolution 2011-470)

4-5-19 SSAS System Maintenance

(a) On-site sewage disposal system being used within the Colville Reservation on and after the effective

date of this Chapter must be inspected and pumped as required at per the following schedule two years by

the septic tank pumper certified to do such work in accordance with this Chapter. It shall be the owner’s

responsibility to have such system inspected and pumped as required in accordance with this Chapter. It

shall be the owner’s responsibility to notify the Department when pumping and inspection have been

completed in accordance with this Chapter. Such notification shall be in writing on a form approved by the

Department. It shall be unlawful and it is declared to be a public nuisance endangering the health, safety,

welfare and economy of the population of the Colville Reservation to use or operate an on-site septic

sewage disposal system that has not been inspected and pumped as required contrary of this Chapter.

Gravity SSAS

SSAS with pumps or mechanical devices

Larger On-site Sewage Disposal System

Every Three Years

Every Year

Twice a Year.

(b) The Department may, upon prior application, grant writing waivers to subsection (1) above. Such

waivers may extend the pumping and inspection period to five years when the Department finds that

factors such as minimal use or other just cause do not require pumping every two years. If the factors

upon which the waiver is granted change, the waiver may be revoked by the Department.

otherwise defective, the Department shall establish in writing the repairs or there changes that must be

made together with a reasonable timetable. It shall be unlawful and it is declared to be a public nuisance

to operate a system other than in compliance with the Department’s directives.

(Amended 7/7/11, Certified 7/14/11, Resolution 2011-470)

(July 2011 version of Chapter 4-5)

4-5-20 Areas of Special Concern

(a) The Water Quality Department shall declare a defined area to be an Area Of Special Concern when, in

their opinion, there is significant reason to believe that on-site sewage disposal systems create pollution of

ground or surface water, or there is significant potential for ground or surface water pollution, or there is

significant potential that additional on-site sewage disposal systems will pollute the ground water or surface

water.

(b) The Water Quality Department may adopt such requirements as it deems necessary prior to approval of

an on-site sewage disposal system in an area of special concern. The Water Quality Department may

restrict, or take whatever other action is required, to protect the ground and surface water and public health

in areas of special concern.

becomes available and connection is required by the Water Quality Department.

(Amended 7/7/11, Certified 7/14/11, Resolution 2011-470)

4-5-21 Construction, Installation or Repair

(a) All systems except as noted shall be installed by a certified installer.

(b) Nothing in this section shall prohibit owners from installing an individual gravity on-site sewage system

or making repairs or alterations on his or her own premises as long as all other requirements of these

regulations are satisfied. The owner may not contract or hire a person or concern to perform that work

unless that person is a certified installer as set forth in this section.

(d) It shall be unlawful for any person to engage in the business of installing and /or repairing sewage waste

disposal systems within the Colville Indian Reservation who does not possess a valid commercial

installer’s license. Application for such license shall be made to the Department on forms provided by the

Department. Such license may be denied by the Department, if it finds the applicant is not qualified to

install and/or repair sewage disposal systems in accordance with this Chapter.

(e) Any commercial installer’s license issued pursuant to these rules and regulations may be revoked by the

Department for incompetence, negligence, misrepresentation, giving fraudulent information in making

application for a license or permit, failure to comply with the requirements of this Chapter or revocation of

the bond required herein or upon cancellation of such bond.

(f) Any person feeling aggrieved because of the revocation or denial of this license by the Department may,

within thirty (30) days of the revocation or denial appeal to the Colville Environmental Quality

Commission from said revocation, and a hearing will be granted.

(g) The Department may require the applicant for a commercial installer’s license to submit to a written

and/or oral examination on installation regulations and standards.

(h) Commercial Installer’s Surety Bond: Prior to the issuance of a commercial installer’s license the

applicant must post a bond to the Department in a form approved by the Department in the sum of fifty

thousand ($50,000) dollars, executed by a surety company duly authorized to do business in the State of

Washington, or by two (2) good and sufficient sureties not connected in business with the applicant and

approved by the Department. The said bond is to guarantee the faithful performance of all work undertaken

to be done under the provisions of this Chapter. Any person who may be damaged by the wrongful act of

the licensee, by the licensee’s failure to perform any contracted work, or by the licensee’s failure to

perform in a workmanlike manner, may sue upon said bond for damages in a sum not exceeding fifty

thousand ($50,000) dollars. This remedy shall be in addition to any other remedies available to such injured

person and is not to be construed as an exclusive remedy.

(i) State Bonding of Commercial Installers: Confirmation of the applicant for a Commercial Installer’s

(July 2011 version of Chapter 4-5)

License that the applicant is currently bonded by way of “Registration and Bonding: under sections

18.27.010 and 17.27.040, Revised Code of Washington, may be accepted as fulfilling the requirement for a

Commercial Installer’s Surety Bond under this Chapter, except that where such State laws are inconsistent

herewith, this Chapter shall control.

(Amended 7/7/11, Certified 7/14/11, Resolution 2011-470)

4-5-22 Septic Tank Pumpers and Disposal of Septic Tank Wastes

(a) Permit Required: It shall be unlawful for any person, firm or corporation to clean any septic tank,

cesspool, or seepage pit, or other means of disposal without first obtaining a registration permit from the

Department.

(b) Applicant: The person shall make application to the Department on a form provided by the Department.

sites receiving approval by the Department shall be used for dumping of the contents of the pumping tanks.

The Department shall note on the permit which sites have been approved.

(d) Any septic tank pumper’s license issued pursuant to this Chapter may be revoked by the Department for

incompetence, negligence, misrepresentation, giving fraudulent information in making application of filing

of reports or failure to comply with the requirements of this Chapter or applicable federal laws and

regulations or revocation of the bond as required herein or upon cancellation of such bond.

(e) Equipment Approval Required: The applicant must furnish his equipment for inspection by the

Department at reasonable times. The equipment must meet the following minimum requirements.

(1) All hoses and pumping equipment must be stored in a cleanable watertight enclosed area on

the truck. (Hoses may be exempt if watertight fitting caps are used.)

(2) Truck equipment must be designed to adequately control effluent disposal from the truck to

manholes or other receiving stations.

(3) All equipment must be in good repair and of easily cleanable construction.

(4) The effluent capacity of the truck holding tank(s) must be a minimum of 1,000 gallons.

(5) The name and address of the operating firm shall be conspicuously displayed on both sides of

the truck in bold letters not less than three (3) inches high for firm name and not less than two (2)

inches high for other information.

(6) All equipment and premises must be maintained and left in a clean and sanitary manner.

(f) Bond Required: Prior to the issuance of a septic tank pumper’s permit, the applicant must show proof of

a bond in the amount of $100,000 for said purpose. Performance shall be per bond requirements of

commercial installer’s license.

(g) Septic tank pumpers shall submit quarterly in writing on a form approved by the Department the

following minimum information:

(1) Gallons pumped according to area and site address:

(2) Gallons disposed of at each authorized site;

(3) Statistics on disposal site maintenance;

(A) Dates of cover;

(July 2011 version of Chapter 4-5)

(B) Maintenance problems;

(4) Any additional information required by the Department;

(5) Said report shall be submitted a minimum of fifteen (15) days after each calendar quarter.

(Amended 7/7/11, Certified 7/14/11, Resolution 2011-470)

4-5-23 Enforcement Policy

It is the policy of this Chapter to encourage informal, practical, result-orientated resolution of alleged

violations and actions needed to prevent damage to reservation resources or harm to the health, safety or

welfare of the reservation population. It is also the policy of this Chapter, consistent with the principles of

due process, to provide effective procedures for enforcement. This Chapter provides the following

enforcement procedures: informal conferences; Notices to Comply; Stop Work Orders; corrective actions

by the Department; civil penalties; injunctions and other civil administrative and judicial relief. The

enforcement procedure used in any particular case shall be appropriate in view of the nature and extent of

the violation or the damage or risk to reservation resources and the health, safety and welfare of the

Reservation population and the degree of bad faith or good faith of the persons involved.

4-5-24 Informal Conferences

(a) Opportunity Mandatory: The Department shall afford the landowner or his representative reasonable

opportunities to discuss proposed enforcement actions at an informal conference prior to taking further

enforcement action, unless the Department determines that there may be either imminent environmental

damages to a reservation resource or adverse impact upon the health, safety and welfare of the reservation

population. Informal conferences may be used at any stage in enforcement proceedings, except that the

Department may refuse to conduct informal conferences with respect to any matter then pending before the

Colville Environmental Quality Commission or the Colville Tribal Court.

(b) Reports Required: Department personnel in attendance at informal conference shall keep written notes

of the date and place of the conference, the persons in attendance, the subject matter discussed, and any

decisions reached with respect to further enforcement action.

in the Department files until one (1) year after final action on the application involved, and be open to

public inspection.

4-5-25 Notice to Comply—Contents—Procedures—Hearing—Final Order—Limitations on Actions

(a) Where a violation has occurred, and such violation may result in or may cause material damage to a

reservation resource or harm to the Reservation population, then the Department may issue and serve upon

the landowner a notice which shall clearly set forth:

(1) The specific nature, extent, and time of failure to comply with the approved permit; or

identifying the damage or potential damage to a Reservation resource or harm to the Reservation

population; and/or

(2) The relevant provisions of this Chapter relating thereto;

(3) The right of the landowner to a hearing before the Department; and

(4) The specific course of action ordered by the Department to be followed by the landowner to

correct such failure to comply and to prevent, correct and/or compensate for material damage to

Reservation resources or harm to the reservation population which resulted from any violation,

unauthorized deviation, or willful or negligent disregard for potential damage to a reservation

resource; and/or those courses of action necessary to prevent continuing damage to reservation

resources or harm to the reservation population where the damage is resulting from any violations,

unauthorized deviation, or negligence.

(July 2011 version of Chapter 4-5)

(b) The Department shall mail a copy thereof to the landowner at the addresses on the permit, showing the

date of service upon the landowner. The landowner shall undertake the course of action so ordered by the

Department unless, within fifteen days after the date of service of such Notice to Comply, the landowner

shall request the Department in writing to schedule a hearing. If so requested by the landowner, the

Department shall schedule a hearing on a date not more than twenty (20) days after receiving such request.

Within ten (10) days after such hearing, the Department shall issue an interim order either withdrawing its

Notice to Comply or clearly setting forth the specific course of action to be followed by the landowner.

Such interim order shall undertake the course of action so ordered by the Department unless within this ten

(10) day period the landowner elects to exhaust his administrative remedies by appealing such interim order

to the Colville Environmental Quality Commission. The order of the Colville Environmental Quality

Commission shall be final agency action from which there is the right of judicial review.

4-5-26 Stop Work Order—Grounds—Contents—Procedure—Appeals

(a) The Department shall have the authority to serve a Stop Work Order upon a landowner if the

Department determines that such landowner has violated either the provisions of this Chapter or the

approved permit and that immediate action on the part of the Department is necessary to prevent or abate

material damage to Reservation resources or harm to the health and welfare of the reservation population.

(b) The Stop Work Order shall set forth:

(1) The specific nature, extent, and time of the violation, deviation, damage, or potential damage;

(2) An order to stop all work connection with the violation, deviation, damage, or potential

damage;

(3) The specific course of action needed to correct such violation or deviation or to prevent

damage and to correct and/or compensate for damage to reservation resources which has resulted

from any violation, unauthorized deviation, or willful or negligent disregard for potential damage

to a Reservation resource or potential harm to the reservation population; and/or those courses of

action necessary to prevent continuing damage to reservation resources or harm to the Reservation

population where the damage is resulting from any violation, unauthorized deviation, or

negligence; and

(4) The right of the landowner to a hearing before the Colville Environmental Quality

Commission.

Commission and mail a copy thereof to the landowner at the addresses shown on the permit. The

landowner may commence an appeal to the Colville Environmental Quality Commission within fifteen (15)

days after service upon the landowner. If such appeal is commenced, a hearing shall be held not more than

twenty days after copies of the Notice of Appeal were filed with the Colville Environmental Quality

Commission. The landowner shall comply with the order of the Department immediately upon being

served, but the Colville Environmental Quality Commission, if requested, shall have authority to continue

or discontinue in whole or in part the order of the Department under such conditions as it may impose

pending the outcome of the proceeding.

4-5-27 Failure to Take Required Course of Action—Notice of Cost—Department Authorized to Complete

Course of Action—Liability for Costs

If a landowner fails to undertake and complete any course of action as required by a final order of the

Department or a final decision of the Colville Environmental Quality Commission, the Department may

determine the cost thereof and give written notice of such cost to the landowner. If such landowner fails

within thirty (30) days after such notice is given to undertake such course of action, or having undertaken

such course of action fails to complete it within a reasonable time, the Department may expend any funds

available to undertake and complete such course of action and such landowner shall be liable for the actual,

direct cost thereof, but in no case more than the amount set forth in the notice from the Department, plus

attorney fees, investigatory, court and other costs. If not paid within sixty (60) days after the Department

(July 2011 version of Chapter 4-5)

completes such course of action and notifies such landowner in writing of the amount due, the Department

may request that the Reservation Attorney take action to enforce this obligation to the extent provided by

law.

4-5-28 Failure to Obey Stop Work Order—Departmental Action Authorized—Liability of Owner or

Operator for Costs

When the landowner has failed to obey a Stop Work Order the Department may take immediate action to

prevent continuation of or avoid material damage to Reservation resources or adverse impact on the health,

safety and welfare of the reservation population. If a final order or decision fixes liability, the landowner

shall be liable for such emergency costs which may be collected in any manner provided for by tribal law.

4-5-29 Failure to Comply with Water Quality Protection—Department of Hydrology Authorized to Petition

Colville Environmental Quality Commission—Action on Petition

If the Department of Hydrology determines that a person has failed to comply with this Chapter or any

approved permit relating to water quality protection, and that the Department of Water Quality has not

issued a Stop Work Order or Notice to Comply, the Department of Hydrology shall inform the Department

of Water Quality thereof. If the Department of Water Quality fails to take authorized enforcement action

within twenty-four (24) hours under this Chapter, the Department of Hydrology may petition to the

Chairman of the Colville Environmental Quality Commission, who shall, within forty-eight (48) hours,

initiate negotiations between the Department heads or directors and either deny the petition or direct the

Department of Water Quality to immediately issue a Stop Work Order or Notice to Comply or to impose a

penalty. This action is in the nature of internal agency deliberations and shall not give rise to administrative

or judicial review therefrom.

(Amended 4/6/06, Certified 4/10/06, Resolution 2006-173)

4-5-30 Civil Remedies

(a) Every person who fails to comply with the provisions of this Chapter, as now or hereafter amended,

shall be required to pay civil monetary damages to the full extent of detecting and repairing any damages

done as a result of the violation, plus the cost of enforcement and collection of such damages, including

testing, investigatory, expert witness, remedial action costs and reasonable attorneys fees.

(b) In the event a specific monetary value cannot readily be placed on such damages, every such violating

person shall be required to pay civil, monetary damages in the minimum liquidated amount of one hundred

dollars ($100.00) per day for each such violation. Each day of such operation shall constitute a separate

violation.

certified mail with return receipt requested or by personal service, to the person incurring the same from the

Department describing the violation with reasonable particularity. Within fifteen (15) days after the notice

is received, the person incurring the remedial action may apply in writing to the Department for the

remission or mitigation of such remedial action. Upon the receipt of the application, the Department may

remit or mitigate the remedial action upon whatever terms the Department in its discretion deems proper:

Provided, that the Department deems such mitigation or remission to be in the best interest of carrying out

the purposes of this Chapter. The Department shall have authority to ascertain the facts regarding all such

applications in such reasonable manner and under such regulations as they deem proper.

(d) Any person incurring any civil remedial action hereunder may appeal the same to the Colville

Environmental Quality Commission. Unless such an appeal is taken, the civil remedial action hereunder

shall be final and binding upon the person(s) affected by that civil remedial action. Appeals to the Colville

Environmental Quality Commission shall be filed within thirty (30) days of receipt of notice imposing any

civil remedy unless an application for remission or mitigation made to the Department is pending under

subsection (c) proceeding. When an application for remission or mitigation is made, such an appeal shall be

filed within thirty (30) days after receipt of notice from the Department setting forth the disposition of the

application. The decision of the Colville Environmental Quality Commission shall be final agency action

for the purposes of judicial review.

(July 2011 version of Chapter 4-5)

(e) Any damages or other compensation imposed hereunder shall become due and payable thirty (30) days

after receipt of this notice imposing the same unless application for remission or mitigation is made or an

appeal is made. When such an application for remission or mitigation is made, any damages or

compensation incurred hereunder shall become due and payable thirty (30) days after receipt of the notice

setting forth the disposition of such application.

(f) If the amount of any damages or compensation is not paid to the Department within thirty (30) days

after it becomes due and payable, the Reservation Attorney, upon request of the Department, shall bring a

civil action in the Colville Tribal Court to recover such damages or compensation.

4-5-31 Enforcement

The Department, through the Colville Tribal Court, may take any action necessary to enforce any final

order or final decision, or to enjoin any person who fails to comply with a final order or final decision.

4-5-32 Administrative and Judicial Review

(a) Any person aggrieved by any order, decision, or other action of the Department may obtain

administrative appellate review thereof by the submission of a timely petition to the Colville Environmental

Quality Commission pursuant to the standards and procedures of the Colville Administrative Procedure

Act. Such petition for administrative appellate review shall be filed with the Chairman of the Colville

Environmental Quality Commission within thirty (30) days of the date of the order, decision, or other

action which is the subject of such appeal. Exhaustion of such administrative appellate review is a

jurisdictional requirement to the judicial review.

(b) Any person directly affected by any final order, final decision or other final action of the Colville

Environmental Quality Commission may obtain judicial review of such order, decision or action by filing a

timely petition with the Colville Tribal Court pursuant to the Colville Administrative Procedure Act. Such

petition for judicial review shall be filed with the Court, as a civil matter under the Colville Tribal Code,

within twenty (20) days of the decision of the Colville Environmental Quality Commission. Unless

declared invalid upon judicial review, a final order, final decision, or other final action of the Colville

Environmental Quality Commission shall be binding upon all parties.

4-5-33 Waiver of Regulations

Whenever a strict interpretation of this Chapter, or other regulatory program established pursuant to this

Chapter, would result in extreme hardship, the Department may waive or modify such regulatory

requirements or portion thereof; Provided, that such waiver or modification shall be consistent with the

intent of this Chapter and; Provided further, that no such waiver shall be granted where material damage to

the reservation resources, or adverse impact upon the health and welfare of the reservation population, shall

result therefrom.

4-5-34 Cooperation With Public Agencies—Grants and Gifts

Subject to approval of the Colville Business Council, the Department is authorized to accept, receive,

disburse and administer grants or other funds or gifts from any source, for the purposes of carrying out the

provisions of this Chapter and to consult and cooperate with federal and state agencies in matters pertaining

to this Chapter. Subject to approval by the Business Council, the Department is further authorized to

negotiate inter-governmental agreements which may create, modify, or change duties established by this

Chapter; Provided that no regulatory changes shall be valid unless made in accordance with the Colville

Administrative Procedure Act.

4-5-35 Statutes and Trust Responsibility Not Modified

Nothing in this Chapter as now or hereafter modified shall modify or waive any requirement to comply

with applicable federal laws and regulations. Nothing in this Chapter as now or hereafter amended shall be

construed to modify, waive or impair the trust responsibility of the United States.

4-5-36 Severability

(July 2011 version of Chapter 4-5)

If any provision of this Chapter or the application thereof, to any person or circumstance is held invalid,

such invalidity shall not affect other provisions or applications of this Chapter which can be given effect

without the invalid provision or application, and to this end, the provisions of this Chapter are declared to

be severable.

(Chapter 4-5 Adopted 1/18/85, Resolution 1985-20)

(July 2011 version of Chapter 4-5)

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.