Section 3 Nuisances Prohibited
49-3.01 Nuisances Prohibited
No person shall cause or allow the existence of a public or private nuisance within the Spokane Tribe’s
jurisdiction, or outside Tribal jurisdictional boundaries in a manner, which allows the nuisance to affect any
health, safety, welfare, or economic well-being within the Tribe’s jurisdiction.
49-3.02 Certain Activities Constitute Nuisances Per Se
The following activities are considered by law to be nuisances per se, and are to be considered as such by
the Court without any party presenting evidence on the issue of establishing the existence of a nuisance:
(1) unlawful dumping;
(2) the accumulation of garbage in excess of quantities and time periods\prescribed in this Code;
(3) junk disposal in violation of this Code;
(4) septic waste disposal in violation of this Code;
(5) use, storage, handling or disposal of pesticides in violation of this Code;
(6) using or maintaining fuel storage tanks in violation of this Code;
(7) use, storage, handling or disposal of toxic and/or hazardous substances in violation of this Code;
and
(8) use, storage, handling or disposal of ionizing radiation in violation of this Code.
Section 4 Solid Waste Disposal
49-4.01 Specific Purpose
It is the legislative intent and purpose of the Spokane Tribal Business Council in enacting this Section:
(1) to maximize the efficiency and cost-effectiveness of solid waste management on the Spokane
Indian Reservation;
(2) to reinforce the Tribe’s effort to recycle and prevent the improper disposal of recyclable wastes;
and
(3) to prevent and control adverse environmental and health impacts of uncontrolled waste disposal.
49-4.02 Unlawful Dumping Prohibited
(a) No person shall cause or allow unlawful dumping within the Spokane Tribe’s jurisdiction, or
outside Tribal jurisdiction boundaries in a manner, which allows the unlawful dumping to affect the
health, safety, welfare, or economic well-being within the Tribe’s jurisdiction.
(b) The minimum civil fine for unlawful dumping shall be set at $250.00 with a maximum fine of
$5000.00 per incident.
(1) the judge shall consider the facts and circumstances of the unlawful dumping when
determining the fine amount.
(2) the judge shall specifically consider the amount of material dumped and the cost of
clean-up.
49-4.03 Proper Waste Disposal/Unlawful Dumping
Waste shall be disposed of only in an approved site or facility. Disposal of waste in any unauthorized manner
shall be considered unlawful dumping.
49-4.04 Landfills
(a) Landfills – No landfill may exist or be operated on the Reservation without the express written
approval of the Spokane Tribe, and such approval may be granted only after an environmental
review by the Spokane Tribe’s Department of Natural Resources Interdisciplinary Team (“ID Team”)
and an opportunity for public comment.
(1) Public comment shall be solicited and considered by utilizing the then current ID Team
policy.
(2) The existing landfill at Wellpinit is expressly acknowledged and authorized.
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Revised Spokane Law & Order Code, 5/14/2013