such conditions or limitations, or the Water Control Board may bring a civil action in accordance
with subsection (2) of this section.
(1) In any case in which the order under this section is issued to a corporation, a copy of
such order shall be served on any appropriate corporate officers.;
(b) Civil Actions.
(1) Civil Penalty. Whenever, on the basis of any information available to it, the Water
Control Board finds that any person, Indian or non-Indian, is in violation of any
condition or limitation of a certification issued under this chapter, or is in violation of any
of the Tribe’s water quality standards, the Water Control Board may seek to impose a
civil penalty in the Tribal Court for a civil infraction.
A. Such civil penalty shall not exceed the sum of $500 for each such infraction.
B. The procedures governing the adjudication in Tribal Court of such civil
infractions shall be those set forth in Spokane Law and Order Code Chapter 4
(Civil Procedure/Actions).
C. The Tribal Council hereby specifically finds that such civil penalties are
reasonably necessary and are related to the expense of governmental
administration necessary in maintaining law and order and public safety on
the Reservation and in managing, protecting and developing the natural
resources on the Reservation.
(2) In determining the amount of a civil penalty, the Tribal Court shall consider the nature,
circumstances, extent and gravity of the violation or violations, and, with respect to the
violator, the economic benefit (if any) resulting from the violation, any history of such
violations, any good faith efforts to comply with the applicable requirements, the
economic impact of the penalty, and such other matters as justice may require.
(3) A single operational upset which leads to simultaneous violations of more than 1
pollutant parameter shall be treated as a single violation.
(4) Definition of “each infraction” as used in Section 30-1.10(2)(a).
(c) Civil Action. The Water Control Board is authorized to commence a civil action for appropriate
relief, including permanent or temporary injunction, for any certification violation for which the
Water Control Board is authorized to issue a compliance order under subsection (1) of this
provision.
(1) Any action under this subsection may be brought in the Tribal Court or (if jurisdictional
grounds are satisfied) in the district court for the United States for the district in which
the defendant is located or resides or is doing business.
(2) The civil action authorized under this subsection includes, but is not limited to, an action
for equitable relief or an action to recover actual damages.
(3) “Actual damages” includes, but is not limited to the cost of investigations, inspections or
monitoring surveys which lead to the establishment of violations; expenses incurred by
the Tribe in removing, correcting or terminating any adverse effects upon human health
and the environment resulting from the violative activity, whether or not accidental; and
compensation for loss or destruction of wildlife, fish or aquatic life, or their habitat, or
for any other damage caused by the violative activity, either to the Tribe or to any
residents of the Reservation who are directly aggrieved by the violative activity, or both.
(4) In any action brought by the Water Control Board, the Board may recover its reasonable
costs incurred in enforcing the provisions of this chapter, including its reasonable
attorney fees.
(5) In any case in which the civil remedy provided under this section is issued to or brought
against a corporation, a copy of such notice of civil remedy shall be served on any
appropriate corporate officers.
(d) Criminal Penalties.
(1) Tribal members and all other Indians subject to the criminal jurisdiction of the Spokane
Tribe of Indians’ Tribal Court, found guilty of violation of any of the provisions of this
chapter shall, upon a conviction, be subject to a penalty or punishment of not greater
than imprisonment for a term of 1 year and a fine of not more than $5,000, or both.
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Revised Spokane Law & Order Code, 5/14/2013