(b) The minimum civil fine for a violation of this Section is $500.00 and a maximum civil fine of
$5000.00 per incident.
(1) the judge shall consider the facts and circumstances of the violation when determining
the fine amount.
(2) the judge shall specifically consider the amount of material involved and the cost of
clean-up.
49-12.04 Purpose and Effect of Certification
(a) The purposes of certification are:
(1) the track the types, quantities, rates of application and areas of use of pesticides, to
determine whether Tribal resources are or potentially will be affected by the cumulative and
synergistic effects of pesticides in the environment; and
(2) to ensure the competence of persons distributing, handling, or using pesticides.
(b) The effect of certification is to grant an applicator the Tribe’s permission to apply a pesticide for
the time period indicated, in the specific area described on the certification document.
49-12.05 Exceptions to Certification Requirement
The possession or use of reasonable quantities of general use pesticides need not be certified so long as
such possession and use does not injure, or expose to injury, any people, animals, or habitat within Tribal
jurisdiction.
49-12.06 Supervision of Uncertifies Applicators
A non-certified applicator may apply restricted use pesticides only when the person has received explicit
instruction from and is under the direct supervision of a certified applicator who remains available within
ready contact, even though not physically present at the time and place the pesticide is applied.
49-12.07 Certification Procedure
The Tribal Natural Resources Department is authorized and instructed to promulgate rules and procedures
regarding the certification of pesticides and pesticide applicators that shall be approved by the Spokane
Tribal Business Council prior to enforcement.
49-12.08 Recognition of Federal and State Certification
The Tribe will take into consideration the approval of pesticide products by the U.S. EPA and/or similar
agencies of the State of Washington. The Tribe also will take into consideration the federal and/or state
certification or licensing of pesticide applicators. However, the Tribe reserves the right to deny Tribal
certification of pesticides and/or pesticide applicators based on the Tribe’s own assessment of unacceptable
effects on the Tribal government.
49-12.09 Denial/Revocation of Certification
(a) Certification may be denied when the Tribe determines, after due consideration, that the
proposed pesticide possession or use will or potentially may cause unacceptable harm or risk to
Tribal resources.
(b) Certification may be revoked upon the Tribe’s finding, based on credible evidence, that:
(1) the terms of the certification have been violated; or
(2) conditions have changed since the date of issuance of certification in such a way that
Tribal resources have come to be harmed or potentially will be harmed by the continued
possession or use of the certificated pesticide.
49-12.10 Record-Keeping Requirements
(a) All persons holding Tribal, federal or state certification must maintain, at a minimum, the
following records:
(1) the brand or product name and EPA registration number of any and all pesticides used
under the certification;
(2) total amount of each pesticide applied per month;
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Revised Spokane Law & Order Code, 5/14/2013