4.06.060 Obtaining a Permit

(a) Any person requesting to use chemicals to maintain a right-of-way must first obtain written permission from the Tribal Council by:

(1) Submitting a written proposal to the Natural Resources Department requesting permission to use chemical treatment to maintain the right-of-way which provides the following information:

(A) Area to be treated, including a map, acreage and description of right- of-way;

(B) Time period of treatment, including start and finish dates, days of week, and times during the day treatment is proposed;

(C) A description of what chemicals will be used and in what quantities, and whether requesting party has certification to use such chemicals;

(D) Evidence demonstrating why non-chemical treatment alternatives are not available or feasible;

(E) The name, address, and phone number of the individual responsible for the request, his or her employer, and his or her title; and

(F) A notarized statement that the requesting party at all times claims ownership of any and all chemicals used, through proper disposal; that the requesting party shall has all required certifications and licensing for application of the chemical and provide records of transportation, storage and proper disposal of the chemical; and that the Tribe, Tribal employees, and the landowner(s), if different than requesting party, shall at no time be considered or alleged by the requesting party to be the owner or applicator of the chemicals used.

(2) The written proposal must be submitted to the Natural Resources Department at least two weeks prior to the next regularly scheduled Tribal Council meeting. Requesting parties may be required to attend the Tribal Council meeting.

(3) The Natural Resources Department shall recommend a grant or denial of the request to the Tribal Council.

(4) The Natural Resources Department or Tribal Council may request additional information prior to making a recommendation or approving a request, including, but not limited to information on environmental impacts of the application.

(5) A vote of approval of the Tribal Council is necessary for a permit to be granted.

(6) The Tribal Council may condition the approval of a request for a permit upon the receipt of proof of adequate insurance and certifications as it deems necessary for the protection of the health of the Tribe's resources and members.

(7) An approval in the form of a letter permit or written denial will be provided to the requesting party by the Natural Resources Department following Tribal Council action.

(8) Appeals must be in writing and presented to the Tribal Council within 10 business days of notification of the initial Tribal Council decision. The Tribal Council will address the appeal at its next regularly scheduled meeting or at prior scheduled special meeting at the Council's option.

(b) Each permit is valid only for each approved chemical treatment application. Each additional application requires a new proposal, Tribal Council approval, and permit.

(c) No permit shall be granted within 3000 feet of an open water source or within one mile of residential areas, tribal communities, farms, or fish hatcheries. In addition, an environmental assessment will be required for any proposed spraying in all watershed areas.