All Tribal law or parts thereof which relate to the subject matter of this Chapter, and which are inconsistent
with the provisions of this Chapter, are hereby repealed, except that such repeal shall not affect any
proceedings pending on the date of enactment of this Chapter and this Chapter shall not affect any
provisions of Chapter 34-Hazardous Substances Control. All pertinent Tribal law which is not consistent with
this Chapter shall stand and shall be deemed supplemental to the provisions of this Chapter. Examples of
such supplemental Tribal law are:
The Tribal Employment Rights Ordinance (TERO)
Tribal common law regarding nuisance and trespass; and,
Tribal Water Quality Standards and Law and Order Code Chapter on Surface Water and Ground
Water Protection.
49-14.02 Reconciling Federal Law
If any part of this Chapter is found to overlap with federal law addressing identical subject matter, such part
of this Chapter m ay be declared inoperative solely to the extent federal law is in conflict with Tribal law by
the Tribal Court. However, this Chapter expressly recognized the Tribe’s concurrent jurisdiction over the
subject matter covered in this Chapter that may be covered by federal law. Such finding shall not affect the
operation of the remainder of this Chapter. Examples of federal law under which both federal and Tribal
provisions might apply are:
The Federal Resource Conservation and Recovery Act (42 U.S.C §§ 6901-6992k, as amended);
The Comprehensive Emergency Response, Clean-up and Liability Act (42 U.S.C. §§ 9601-9675, as
amended);
The Clean Air Act (42 U.S.C. §§ 7401-671q, as amended);
The Clean Water Act/Water Pollution Prevention and Control (33 U.S.C. §§ 1251-1387, as amended);
The Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. §§ 136-136y, as amended); and,
The Solid Waste Disposal Act (42 U.S.C. §§ 6901-6992k, as amended).
Section 15 Enforcement
49-15.01 Enforcement
(a) The provisions of this Chapter shall be enforced through all methods available to the Tribe,
including administrative actions, collection of field bonds, civil actions for injunction, forfeiture and/or
damages, and/or criminal actions in courts of proper jurisdiction.
(b) Civil fines designated in sections of this Chapter are the minimum fines, if a fine is not
designated the Court shall use factors (1)-(4) of this paragraph when deciding the fine amount. The
Tribe may by motion to the Court request additional restitution. The Court shall consider the
following factors when such a motion is made:
(1) The dollar cost to make the Tribe/Landowner whole;
(2) Actual cost of cleanup, including the Tribe’s legal fees;
(3) The sensitivity of the area in which the violation occurred; and
(4) Likelihood of future costs to mitigate the long-term environmental damage.
(c) Other Remedies:
(1) The Court may enjoin a violator from continuing to pollute.
(2) The Court may assess civil fines in excess of the published civil fines upon finding that a
fine is inadequate in a particular case to provide full restitution to the Tribe.
(3) The Court may assess punitive damages upon finding that violations have been
committed wantonly, willfully, or maliciously.
(4) In addition to the payment of fines, the Court may order a violator to remove the
pollution source and remediate the polluted site.
(d) The provisions of this Chapter may be enforced by Tribal Law Enforcement Officers, Tribal Park
Rangers, the Tribe’s Environmental Officer, and other staff that the Tribe’s Director of the
Department of Natural Resources designates.
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Revised Spokane Law & Order Code, 5/14/2013