Chapter 8.20 ENVIRONMENTAL INFRACTIONS

The Tulalip Tribes’ Board of Directors adopts this chapter as a mechanism for handling environmental infractions that occur within lands of the Reservation and waters of the Tulalip Tribes. The infractions enumerated in this code are wrongful acts which negatively affect the health, welfare, cultural identity, and treaty-protected resources of the Tulalip Tribes. This chapter provides a way for the Tribes to regulate behavior within its jurisdiction and allows the Tribes to impose penalties for wrongful acts. [Ord. 95 § 01.010, 8-11-2006 (Res. 2006-265)].

8.20.020 Jurisdiction.

Jurisdiction shall extend over all lands and waters of the Tulalip Tribes as defined herein and over all persons whether Indian or non-Indian. [Ord. 95 § 01.020, 8-11-2006 (Res. 2006-265)].

8.20.030 Severability.

If any provision or application of this chapter is determined by review to be invalid, such determination does not render such provision inapplicable to other persons or circumstances nor invalidate any other provision of this chapter. [Ord. 95 § 01.030, 8-11-2006 (Res. 2006-265)].

8.20.040 Sovereign immunity.

The sovereign immunity of the Tulalip Tribes shall in no matter be waived by this chapter. [Ord. 95 § 01.040, 8-11-2006 (Res. 2006-265)].

8.20.050 Definitions.

(1) “Archaeological resource” means any material remains of a given culture or activities. Such remains may include, but not be limited to: features or sites identified through oral tradition and/or physical evidence such as claims, graves, glyptic art or artifacts. Such artifacts include: stone tools and implements, cores, and manufacturing debris; perishable remains including cordage, basketry, cedar and other manufactured wood and leather objects. An archaeological site is a geographical location in which prehistoric remains are present.

(2) “Court” means the Tulalip Tribal Court.

(3) “Cultural resources” means any material remains of human life or activities which are of cultural or archaeological interest. This shall include all sites, objects, structures, artifacts, implements, plants, animals, and locations of cultural or archaeological interest, whether previously recorded or still unrecognized, including, but not limited to, those pertaining to historic or prehistoric American Indian or aboriginal burials, campsites, dwellings, and their habitation sites, including, but not limited to, rock shelters and caves, their artifacts and implements of culture such as projectile points, arrowheads, skeletal remains, grave goods, basketry, pestles, mauls, and grinding stones, knives, scrapers, rock carvings and paintings, and other implements and artifacts of any material.

(4) “Day” means a 24-hour period which shall be from 12:00 a.m. to 11:59:59 p.m. in the Pacific Standard Time Zone of the United States.

(5) “Hazardous substance” means any pollutant, or combination of pollutants, which because of its quantity, concentration, or physical, chemical or other characteristics may, when released into the environment, present substantial danger to the public health or welfare or the environment. “Hazardous substances” includes, but is not limited to, any substances which would be considered a hazardous substance under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), 42 U.S.C. 9601(14).

(6) “Lands of the Tribes” means:

(a) All lands, wetlands, or tidelands within the exterior boundaries of the Tulalip Tribes Indian Reservation;

(b) All lands, wetlands, or tidelands, outside the exterior boundaries of the Tulalip Tribes Indian Reservation, held in fee by the Tulalip Tribes or held in trust by the United States government for the benefit of the Tulalip Tribes or its individual members; and

(7) “Motor vehicle” includes, but is not limited to, any automobile truck, farm machinery, boat, motorcycle, snowmobile or other all-terrain vehicle.

(8) “NPDES permit” means a National Pollutant Discharge Elimination System (NPDES) permit, as issued by the U.S. Environmental Protection Agency and certified by the Tulalip Tribes pursuant to delegated Federal authority.

(9) “Person” means an individual, corporation, partnership, association, state, or political subdivision thereof, Federal agency, State agency, municipality, commission or interstate body.

(10) “Pollutant” includes dredged spoil, solid waste, dirt, slurry, incinerator residue, filter backwash, sewage, garbage, sewage sludge, munitions, chemical waste, biological materials, radioactive material (except those regulated under the Atomic Energy Act of 1954, as amended, 42 U.S.C. 2011 et seq.), heat wrecked or discarded equipment, rock, sand, cellar dirt, oil, battery acid, gasoline, paint, solvents, or any industrial, municipal, or agricultural waste.

(11) “Pollution” means artificially made, artificially induced, or natural alterations of the physical, chemical, and biological integrity of any waters, wetlands, tidelands, or other lands.

(12) “Sewage” means any urine, feces, and the water carrying human wastes, including kitchen, bath, and laundry wastes from residences, buildings, industrial establishments or other places.

(13) “Solid waste” means all wastes, whether in solid or liquid form, except liquid-carried industrial wastes and sewage, and including garbage, rubbish, ashes, industrial wastes, medical wastes, swill, construction, demolition and land-clearing wastes, and abandoned vehicles or parts thereof.

(14) “Tidelands” means any lands, including beaches, seaward of the line of natural vegetation or the meander line, whichever be more landward, extending out to the lowest low water mark along all lands bordering water on the Reservation or lands of the Reservation.

(15) “Toxic pollutant” means those pollutants, or combinations of pollutants, including disease-causing agents, which after discharge, spill or release and upon exposure, ingestion, inhalation or assimilation into any organism, either directly from the environment or indirectly by ingestion through food chains, will, on the basis of information available to the EPA and/or the Tulalip Natural Resources Division, cause death, disease, behavioral abnormalities, cancer, genetic mutations, physiological malfunctions (including malfunctions in reproduction) or physical deformations in such organisms or their offspring.

(16) “Tribes” means the Tulalip Tribes, a Federally recognized sovereign Indian tribe organized pursuant to the Indian Reorganization Act of 1934, as amended.

(17) “Waters of the Tribes” means all streams, lakes, ponds, wetlands, salt waters, watercourses, waterways, wells, springs, reservoirs, aquifers, irrigation systems, drainage systems, and all other bodies or accumulations of water, surface and underground, natural or artificial, public or private, which are contained within, flow through, or border upon:

(a) The lands, wetlands and tidelands within the boundaries of the Tulalip Tribes Reservation; or

(b) All lands, wetlands or tidelands outside the exterior boundaries of the Reservation which are held in fee by the Tulalip Tribes or held in trust by the United States government for the benefit of the Tulalip Tribes or its individual members; and

(18) “Wetlands” means those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas.

(19) “Wood cutting” is defined as the cutting of standing or downed timber for any purpose. [Res. 2018-303; Ord. 95 § 02, 8-11-2006 (Res. 2006-265)].

Article II. Cultural and Archaeological Resources

8.20.060 Notification of Board of Directors.

Any person who fails to immediately notify the Board of Directors when a cultural resource has been located or unearthed has committed a Class C infraction. [Ord. 95 § 03.010, 8-11-2006 (Res. 2006-265)].

8.20.070 Failure to halt construction.

Any person who fails to immediately halt construction on any site where a cultural resource has been located or unearthed has committed a Class B infraction. [Ord. 95 § 03.020, 8-11-2006 (Res. 2006-265)].

8.20.080 Digging/excavation/removal.

Any person who digs, excavates, fills, or removes or allows any digging, filling, excavation or removal of artifacts or any other material, including soil, sand, and gravel, from a cultural resource without the express written approval of the Board of Directors has committed a Class A infraction. [Ord. 95 § 03.030, 8-11-2006 (Res. 2006-265)].

8.20.090 Destruction.

Any person who injures, defaces, or destroys any cultural resources has committed a Class A infraction. [Ord. 95 § 03.040, 8-11-2006 (Res. 2006-265)].

Article III. Excavation/Dredging/Filling

8.20.100 Waters/wetlands/tidelands.

Any person who excavates, dredges, fills, or alters the wetlands, tidelands or water of the Tribes, or any water of the United States that lies within the exterior boundaries of the Reservation, without a permit, or in violation of the terms of a permit, from the Tribes or the appropriate Federal authority has committed a Class A infraction. [Ord. 95 § 04.010, 8-11-2006 (Res. 2006-265)].

8.20.110 Lands of the Tribes.

Any person who excavates, mines, drains, builds roads or engages in any other earth removal or disposition project on lands of the Tribes, other than wetlands or tidelands, without a permit, or in a violation of the terms of a permit, from the Tribes or the appropriate Federal authority has committed a Class A infraction. [Ord. 95 § 04.020, 8-11-2006 (Res. 2006-265)].

8.20.120 Steep slopes.

Any person who develops or excavates on any slope exceeding 15 percent without a permit, or in violation of the terms of a permit, from the Tribes and/or without certification in writing from a licensed professional engineer that all reasonable precautions have been taken to ensure foundation stability and the prevention of mass soil movement or soil erosion has committed a Class A infraction. [Ord. 95 § 04.030, 8-11-2006 (Res. 2006-265)].

8.20.130 Use of fill material.

Any person who uses fill material to accommodate any development activity without certification from a licensed professional engineer that such fill will not alter or prohibit the natural flow of surface or ground water has committed a Class A infraction. [Ord. 95 § 04.040, 8-11-2006 (Res. 2006-265)].

8.20.140 Earth or construction debris.

Any person who allows earth or construction debris to enter water, wetlands, or tidelands of the Tribes, or any waters of the United States that lie within the exterior boundaries of the Reservation, has committed a Class B infraction. [Ord. 95 § 04.050, 8-11-2006 (Res. 2006-265)].

Article IV. Fire Safety

8.20.150 Scope.

The fire safety requirements of this article apply to all persons, property, and indoor and outdoor fires on the Tulalip Reservation. “Outdoor fires” for purposes of this article include the lighting of fireworks and other incendiary devices. A duly authorized Tulalip Fire Control Officer or any Tribal commissioned law enforcement officer shall enforce the provisions of this article. [Ord. 95 § 05.010, 8-11-2006 (Res. 2006-265)].

8.20.160 Exempt fires.

The following types of outdoor fires are exempt from this article:

(1) Freestanding barbecue grills used outdoors exclusively for cooking purposes and fueled by briquettes, natural gas or propane; and

(2) Outdoor fires by Tribal members for ceremonial or cultural purposes. [Ord. 95 § 05.020, 8-11-2006 (Res. 2006-265)].

8.20.170 Fire safety burn permit required for all outdoor fires.

It is unlawful for any person to light an outdoor fire without first having the authority to do so under a fire safety burn permit described in this article. The Control Officer may coordinate the administration of fire control and air quality burn permits. All burn permits issued by the Tulalip Tribes are suspended during the period of any burn ban declared for any purpose by the Tulalip Tribes.

(1) General Permit. There is hereby issued a general fire safety burn permit. This general permit allows any person on the Tulalip Reservation to light an outdoor fire: with the owner’s permission, on residential property, fueled by untreated wood or by lawn debris from that property; that is at all times directly supervised by an adult with a shovel and a charged water hose; that has no overhanging branches; that is maintained at least 50 feet from any structure, vehicle or inflammables; and whose fire pile does not exceed four feet in diameter and three feet in height.

(2) Individual Permit. An individual fire safety burn permit is required from the Control Officer for the lighting of any outdoor fire on the Tulalip Reservation which is not authorized by the general permit. The Control Officer may require information and impose conditions on the lighting of outdoor fires as necessary and appropriate to protect public safety. Individual burn permits shall be issued at no cost to qualified applicants. [Ord. 95 § 05.030, 8-11-2006 (Res. 2006-265)].

8.20.180 Fire safety burn bans.

(1) When Authorized. The Control Officer is authorized to declare a Phase I or Phase II fire safety burn ban when, in the Control Officer’s discretion, warm weather patterns or dropping fuel moisture levels require the regulation of outdoor fires for public safety. All burn permits issued by the Tulalip Tribes are suspended during the period of any burn ban declared for any purpose by the Tulalip Tribes.

(2) Phase I Burn Ban. During a Phase I fire safety burn ban, no person may light any outdoor fire (including fireworks and other incendiary devices); provided, that recreational campfires may be lighted in approved metal or concrete enclosures in designated areas within campgrounds or on private land with the owner’s permission, and which:

(a) Are spread no larger than three feet across;

(b) Burn seasoned firewood only;

(c) Are located in a clear spot free from any vegetation for at least 10 feet in a horizontal direction and having no overhanging branches; and

(d) Are attended at all times by an adult with immediate access to a shovel and a charged water hose.

(3) Phase II Burn Ban. All outdoor fires (including fireworks and other incendiary devices) are prohibited. [Ord. 95 § 05.040, 8-11-2006 (Res. 2006-265)].

8.20.190 Civil infractions.

(1) Class B Infractions. Any person who undertakes or allows any of the following prohibited activities on the Tulalip Reservation has committed a Class B infraction under this chapter:

(a) Unauthorized Burning. The lighting of any outdoor fire without prior authorization of any burn permit required by the Tribes, or in violation of any burn permit issued by the Tribes, or in violation of any burn ban declared by the Tribes.

(b) Burning Prohibited Substances. The lighting of any fire which burns any rubber products, plastic, asphalt, garbage, dead animals, petroleum products, paints or similar materials that emit dense smoke or create offensive odors when burned.

(c) Burning on Tulalip Tidelands. The lighting of any fire upon the tidelands of the Tulalip Reservation; provided, that this section shall not apply to Tribal members legally engaged in fishing.

(d) Burning at Location Designated a Fire Hazard. The lighting or maintenance of any fire at any location designated by the Control Officer as a fire hazard area.

(2) Class C Infractions. Any person who undertakes or allows any of the following prohibited activities on the Tulalip Reservation has committed a Class C infraction under this chapter:

(a) Unattended or Uncontrolled Fires. Lighting any fire which is not attended at all times by a person capable of extinguishing such fire, or lighting any fire which is not, until extinguished, under control by the person lighting the fire. [Ord. 95 § 05.050, 8-11-2006 (Res. 2006-265)].

Article V. Livestock

8.20.200 Pasturing a livestock within buffer zones.

Any person who pastures, or willfully, or as the result of negligence, allows to be pastured, any livestock on or within any buffer zone established by the Tribes for any stream, wetland, lake, or marsh, has committed a Class C infraction. [Ord. 95 § 06.010, 8-11-2006 (Res. 2006-265)].

Article VI. Motorized Vehicles

8.20.210 Unauthorized use of motor vehicles.

Any person who operates, parks or allows the operation or parking of any motor vehicle upon the tidelands, sensitive areas, or any other lands of the Tribes except upon roads, trails, or parking areas specifically designated by the Tribes as allowing such operation or parking has committed a Class C infraction. [Ord. 95 § 07.010, 8-11-2006 (Res. 2006-265)].

Article VII. Pesticide Application

8.20.220 Pesticide application.

Any person who applies, or allows to be applied, to any lands or waters of the Tribes any rodenticide, insecticide, herbicide, fungicide, algaecide, or any other pesticides no matter the application procedure without a permit, or in violation of the terms of a permit, from the Tribes has committed a Class B infraction. [Ord. 95 § 08.010, 8-11-2006 (Res. 2006-265)].

8.20.230 Application within buffer zone.

Any person who applies, or allows to be applied, any rodenticide, insecticide, herbicide, fungicide, algaecide, or any other pesticides no matter the application procedure, on or within any buffer zone established by the Tribes for any stream, wetland, or marsh, has committed a Class B infraction. [Ord. 95 § 08.020, 8-11-2006 (Res. 2006-265)].

Article VIII. Septic Systems

8.20.240 Unlawful discharge of sewage.

Any person who discharges, or allows to be discharged, sewage to the lands or waters of the Tribes, including to the ground, surface water, groundwater, or wetlands, has committed a Class A infraction. [Res. 2018-305; Ord. 95 § 09.010, 8-11-2006 (Res. 2006-265)].

8.20.250 Failure to repair septic system.

Any person who owns or is responsible for the maintenance of a septic system, who knows, or, in the exercise of due diligence, should have known, that the septic system is failing to function properly and fails to promptly repair any leak, breakage or damage to the septic system has committed a Class B infraction. [Ord. 95 § 09.020, 8-11-2006 (Res. 2006-265)].

8.20.260 Failure to comply with Tribal standards.

Any person who constructs, or allows to be constructed, a septic system which does not comply with the minimum standards for construction adopted by the Tribes or with any applicable Federal standards has committed a Class B infraction. [Ord. 95 § 09.030, 8-11-2006 (Res. 2006-265)].

8.20.270 Construction of septic system within buffer zone.

Any person who constructed any septic system on or within any buffer zone established by the Tribes for any stream, wetland, or marsh has committed a Class A infraction. [Ord. 95 § 09.040, 8-11-2006 (Res. 2006-265)].

Article IX. Spills

8.20.280 Spill of hazardous substance or toxic pollutant.

Unless in possession of an NPDES permit issued by the U.S. Environmental Protection Agency and certified by the Tulalip Tribes, issued pursuant to delegated Federal authority, any person engaged in any operation or activity which results in a spill, discharge, or release of any hazardous substance or toxic pollutant onto the lands or waters of the Tribes, or the waters of the United States that lie within the exterior boundaries of the Reservation, has committed a Class A infraction. [Ord. 95 § 10.010, 8-11-2006 (Res. 2006-265)].

8.20.290 Spill of pollutant.

Unless in possession of an NPDES permit issued by the U.S. Environmental Protection Agency and certified by the Tulalip Tribes, issued pursuant to delegated Federal authority, any person engaged in any operation or activity which results in a spill, discharge, or release of any hazardous substances or toxic pollutant onto the lands or waters of the Tribes, or the waters of the United States that lie within the exterior boundaries of the Reservation, has committed a Class B infraction. [Ord. 95 § 10.020, 8-11-2006 (Res. 2006-265)].

8.20.300 Failure to notify.

Unless in possession of an NPDES permit issued by the U.S. Environmental Protection Agency and certified by the Tulalip Tribes, issued pursuant to delegated Federal authority, any person engaged in any operation or activity which results in a spill, discharge, or release of any substance which may cause pollution of the lands or waters of the Tribes, or the waters of the United States that lie within the exterior boundaries of the Reservation, who fails to notify the Natural Resources Division as soon as reasonably possible has committed a Class B infraction. [Ord. 95 § 10.030, 8-11-2006 (Res. 2006-265)].

8.20.310 Reparation – Best available technology.

Unless in possession of an NPDES permit issued by the U.S. Environmental Protection Agency and certified by the Tulalip Tribes, issued pursuant to delegated Federal authority, any person engaged in any operation or activity which results in a spill, discharge, or release of any substance which may cause pollution of the lands or waters of the Tribes, or the waters of the United States that lie within the exterior boundaries of the Reservation, who fails to use the best available technology to clean up the spilled substance and/or repair the damage caused by the spill has committed a Class B infraction. [Ord. 95 § 10.040, 8-11-2006 (Res. 2006-265)].

8.20.320 Reparation – Timeliness.

Unless in possession of an NPDES permit issued by the U.S. Environmental Protection Agency and certified by the Tulalip Tribes, issued pursuant to delegated Federal authority, any person engaged in any operation or activity which results in a spill, discharge, or release of any substance which may cause pollution of the lands or waters of the United States that lie within the exterior boundaries of the Reservation, who fails to clean up the spilled substance and/or repair the damage caused by the spill as quickly as reasonably possible, given the best available technology, has committed a Class B infraction. [Ord. 95 § 10.050, 8-11-2006 (Res. 2006-265)].

8.20.330 Negligence.

Any person who negligently conducts any operation or activity which results in a spill, discharge, or release of any substance which may cause pollution of the lands and waters of the Tribes, or the waters of the United States that lie within the exterior boundaries of the Reservation, has committed a Class A infraction. [Ord. 95 § 10.060, 8-11-2006 (Res. 2006-265)].

8.20.340 Willful misconduct – Reckless disregard.

Any person who, through willful misconduct, or as a result of reckless disregard, conducts any operation or activity which results in a spill, discharge, or release of any substance which may cause pollution of the lands and waters of the Tribes, or Reservation, has committed a Class A infraction. [Ord. 95 § 10.070, 8-11-2006 (Res. 2006-265)].

Article X. Tribal Resources

8.20.350 Destruction of lands.

Any person who defaces or destroys the natural condition of the rock, cliffs, vegetation, or other objects of nature upon or within the lands of the Tribes has committed a Class B infraction. [Ord. 95 § 11.010, 8-11-2006 (Res. 2006-265)].

8.20.360 Unauthorized use of lands.

Anyone not a member of the Tulalip Tribes who, without the written permission of the Tribes, goes upon fee or trust lands on the Reservation, for the purpose of collecting artifacts, driftwood, plant life, souvenirs, sand, gravel, or to excavate, injure or destroy archaeological sites or monuments, or any object of antiquity situated on such lands, has committed a Class C infraction.

Such person shall also be deemed guilty of trespass and prosecuted under the appropriate Federal statute. [Ord. 95 § 11.020, 8-11-2006 (Res. 2006-265)].

8.20.361 Unauthorized entry or activities on Big Flats restricted lands.

Any person who enters the Big Flats Tribal property without proper authorization from the Tribes, or who engages in prohibited activities as posted on the property, has committed a Class C infraction. A map of the Big Flats property is at Appendix A to the ordinance codified in this chapter. [Res. 2013-168].

8.20.370 Unauthorized hunting/fishing.

Anyone not a member of the Tulalip Tribes who, without permit or in violation of the terms of a permit from the Tribes, goes upon the lands of the Tribes for the purpose of hunting, trapping, fishing or shellfishing, or for the removal of wildlife, game, fish or shellfish, has committed a Class C infraction. (See Chapter 8.05 TTC, Fishing, for rules and regulations regarding Tribal member fishing.) [Ord. 95 § 11.030, 8-11-2006 (Res. 2006-265)].

8.20.380 Unauthorized removal of Tribal resources.

Any person who takes from the lands of the Tribes any sands, rock, mineral, plant life, marine growth, driftwood, wildlife, game, fish, shellfish, or souvenirs or other product of the land without a permit, or in violation of the terms of a permit, issued from the Tribes has committed a Class C infraction.

Except as provided for in Chapter 8.05 TTC, Fishing, fishing by Tribal members is exempted from this section. [Ord. 95 § 11.040, 8-11-2006 (Res. 2006-265)].

8.20.390 Waste of fish or game.

Any person responsible for the death of any game animal on the lands of the Reservation who detaches or removes from the carcass only the head, hide, antlers, tusks, or teeth, or any or all of the aforementioned parts, or wastes any part of the game animal, game bird, or game fish or shellfish suitable for food or abandons the carcass of any game animal in the field has committed a Class C infraction. (See Chapter 8.05 TTC, Fishing, for rules and regulations regarding Tribal member fishing.) [Ord. 95 § 11.050, 8-11-2006 (Res. 2006-265)].

8.20.400 Unauthorized access to water.

Anyone not a member of the Tulalip Tribes who, without the written permission of the Tribes, goes upon the lands of the Tribes for the purpose of tying boats or rafts, building boat ramps, or other structures, or to use the tidelands for access to the water, or for any other reason has committed a Class C infraction.

Such person shall also be deemed guilty of trespass and prosecuted under the appropriate Federal statute. [Ord. 95 § 11.060, 8-11-2006 (Res. 2006-265)].

8.20.410 Depletion of Tribal water resources.

Any person who willfully or as a result of negligence allows to be depleted an aquifer, wetland or stream without explicit permission from the Tribes has committed a Class A infraction. [Ord. 95 § 11.070, 8-11-2006 (Res. 2006-265)].

8.20.420 Introduction of flora or fauna, fish or aquatic organisms.

Any person who, without explicit permission from the Tulalip Tribes’ Department of Environment, introduces, or willfully, or as the result of negligence, allows to be introduced any flora or fauna, fish, or other aquatic organisms into the waters, wetlands, or marshes of the Tribes or into the waters of the United States that lie within the exterior boundaries of the Reservation, without a permit, or in violation of the terms of a permit from the Tribes, has committed a Class B infraction. [Ord. 95 § 11.080, 8-11-2006 (Res. 2006-265)].

8.20.430 Forfeiture of illegally possessed resources.

Any sands, rock, mineral, marine growth, driftwood, wildlife, game, fish, shellfish, or souvenirs or other product of the land which has been obtained in violation of this chapter shall be forfeited to the Tribes and may be seized by the Tribal law enforcement authorities. No property rights shall exist in any resource which is possessed in violation of this chapter. (See Chapter 8.05 TTC, Fishing, for rules and regulations regarding Tribal member fishing.) [Ord. 95 § 11.090, 8-11-2006 (Res. 2006-265)].

Article XI. Waste Disposal/Dumping

8.20.440 Toxic or hazardous substances.

Unless in possession of an NPDES permit issued by the U.S. Environmental Protection Agency and certified by the Tulalip Tribes, issued pursuant to delegated Federal authority, any person who disposes of, or causes to be released, any toxic pollutant, radioactive waste or other hazardous substances on or within any lands or waters of the Tribes, or the waters of the United States that lie within the exterior boundaries of the Reservation, has committed a Class A infraction. [Ord. 95 § 12.010, 8-11-2006 (Res. 2006-265)].

8.20.450 Pollutants.

Unless in possession of an NPDES permit issued by the U.S. Environmental Protection Agency and certified by the Tulalip Tribes, issued pursuant to delegated Federal authority, any person who disposes of, or causes to be released, any pollutant on or within any lands or waters of the Tribes, or the waters of the United States that lie within the exterior boundaries of the Reservation, without a permit, or in violation of the terms of a permit, from the Tribes has committed a Class B infraction. [Ord. 95 § 12.020, 8-11-2006 (Res. 2006-265)].

8.20.460 Unlawful solid waste disposal.

Any person who places, throws, deposits or otherwise disposes of any solid waste onto or under the surface of the ground or into the waters of the Tribes, or the waters of the United States that lie within the exterior boundaries of the Reservation, except at a transfer station or disposal site for which there is a valid permit, has committed an infraction. It is a Class C infraction to unlawfully dispose of solid waste in an amount less than 10 cubic yards. It is a Class A infraction to unlawfully dispose of solid waste in an amount greater than or equal to 10 cubic yards. [Res. 2018-304; Ord. 95 § 12.030, 8-11-2006 (Res. 2006-265)].

8.20.470 Water quality standards violations.

Any person found to be in violation of the Tulalip Water Quality Standards is thereby found to be in violation of this chapter, and has committed a Class B infraction. [Ord. 95 § 12.040, 8-11-2006 (Res. 2006-265)].

Article XII. Wood Cutting

8.20.480 Reference to Chapter 8.15 TTC, Forest Products Permit.

The Tulalip Tribes has established regulations regarding wood cutting in Chapter 8.15 TTC, Forest Products Permit. Penalties for violation of the Tribes’ wood cutting regulations are established in that chapter. [Ord. 95 § 13.010, 8-11-2006 (Res. 2006-265)].

Article XIII. Zoning

8.20.490 Violation of TTC Title 7, Land Use.

Any person who fails to abide by any of the requirements of TTC Title 7, Land Use, has committed a Class B infraction. [Ord. 95 § 14.010, 8-11-2006 (Res. 2006-265)].

Article XIV. Enforcement Procedures

8.20.500 Who may enforce.

The provisions of this chapter shall be enforced by Tribal law enforcement officers, other law enforcement officers authorized by the Tribes, or by other persons or groups designated by the Tribes.

Off-duty Tribal law enforcement officers are authorized to enforce any provisions of this chapter. [Ord. 95 § 15.010, 8-11-2006 (Res. 2006-265)].

8.20.510 Duty to report.

Any person witnessing a violation of this chapter has a duty to report such violation to Tribal law enforcement officers or any other designated Tribal official. [Ord. 95 § 15.020, 8-11-2006 (Res. 2006-265)].

8.20.520 Power of enforcement.

Any person authorized to enforce this chapter shall issue a notice of violation:

(1) When such violation occurs in the presence of the enforcement authority; or

(2) When the enforcement authority, investigating a report of an infraction, finds reasonable cause to believe that a violation of this chapter has been committed. [Ord. 95 § 15.030, 8-11-2006 (Res. 2006-265)].

8.20.530 Routine inspections and administrative search warrants.

(1) Persons authorized by the Tribes to enforce this code may conduct reasonable warrantless administrative inspections of the lands of the Tribes, including testing of sources, for the purposes of determining compliance with this chapter. Testing of sources for compliance with this code or permits issued hereunder shall be performed in accordance with Tribal and/or Federally approved methods.

(2) The Tribal Court may issue an administrative search warrant upon application by any officer or employee authorized by the Tribes to enforce this code. Such warrant shall be issued in substantial procedural conformity with the criminal rules of the Tulalip Tribal Court and include:

(a) An affidavit establishing that the property to be searched is part of a legally authorized routine inspection program which naturally includes that property or that there is probable cause to believe that there is a condition, object, activity or circumstance which legally justifies such an administrative search and/or collection of samples for testing of the property or residence; and

(b) A proposed warrant stating the grounds for its issuance, directed at a person authorized to execute it, commanding the person to whom it is directed to inspect the area, premises, building, or conveyance identified and/or to collect samples for testing for the purpose specified.

(3) An administrative search warrant shall be valid within 10 days of the date of issuance. A copy of the administrative warrant shall be given to the person in apparent control of the premises to be searched, if reasonably available. If the place or premises to be searched is unoccupied or there is no one in apparent control, a copy of the administrative warrant shall be suitably affixed to the place or premises. [Res. 2019-458; Ord. 95 § 15.040, 8-11-2006 (Res. 2006-265)].

8.20.540 Seizure of items taken or used in violation of this chapter.

(1) Upon issuance of a citation, the enforcement authority may seize all items which he or she has reasonable grounds to believe have been taken or killed by the alleged violator contrary to the provisions of this chapter.

(2) An enforcement authority may, in addition, seize any gear, tools, weapons, motor vehicles or other paraphernalia which he or she has reasonable grounds to believe have been used in the commission of a violation of this chapter; provided, motor vehicles which have been used to transport the violator onto the lands of the Tribes and have not been driven contrary to the provisions of this chapter may not be seized.

(3) An enforcement authority who has seized any item pursuant to this section shall prepare a written inventory of all items seized which shall be signed by the enforcement authority and the alleged violator. A copy of the inventory shall be given to the alleged violator, and another copy filed with the Tribal Court.

(4) The seizing officer shall, as soon as possible, sell all perishable items seized from the alleged violator. The perishable items shall be sold at the nearest market at the then prevailing price at the market selected. All proceeds from the sales shall be immediately deposited in a special account at the Tribal Office. The seized perishable items shall be held until disposed of pursuant to order of the Tribal Court.

(5) All items, other than perishable items, seized pursuant to this section shall, as soon as practicable, be brought to the Tribal Office or other place designated by the Tulalip Tribes for the storage of seized property. Seized property shall be stored in such manner as to minimize further damage to it and shall be held at the owner’s risk until returned or sold as provided in TTC 8.20.680. [Ord. 95 § 15.050, 8-11-2006 (Res. 2006-265)].

8.20.550 Notice of violation.

The Tribes through its enforcement authorities shall give a written notice to any violators of this chapter. The notice of violation shall:

(1) Specify the nature of the violation, the location of the violation, and the section of this chapter being violated;

(2) Set a date for hearing before the Tribal Court which shall be no sooner than 10 days after service of the notice;

(3) Specify the amount of the penalty (if any) which may be paid by the violator if the violator wishes to avoid a Court hearing;

(4) Advise the violator that full payment of the penalty must be received by the Court Clerk no later than three days prior to the date of the scheduled hearing in order to avoid a Court hearing;

(5) Notify the violator that if the violator does not appear before the Tribal Court on the date set for hearing, the Court may declare the violator to be in default and award any appropriate relief to the complainant as provided by this chapter. [Ord. 95 § 15.060, 8-11-2006 (Res. 2006-265)].

8.20.560 Person receiving notice – Identification and detention.

(1) A person who is to receive a notice of violation under TTC 8.20.550 is required to identify himself or herself to the enforcement authority by giving his or her name, address, and date of birth. Upon the request of the officer, the person shall produce reasonable identification, including a driver’s license or identicard.

(2) A person who is unable or unwilling to reasonably identify himself or herself to an enforcement authority may be detained for a period of time no longer than is reasonably necessary to identify the person for purposes of issuing a notice of violation. [Ord. 95 § 15.070, 8-11-2006 (Res. 2006-265)].

8.20.570 Service of notice.

The notice of violation shall be served upon the violator in the following manner:

(1) By delivering a copy personally to the violator or the violator’s authorized representative, or to any member of the violator’s family residing with the violator who is 18 years of age or older; or

(2) By delivering a copy to the violator’s place of business and leaving it with a secretary or other person authorized to accept service.

(3) If, after reasonable effort is made, the violator cannot be personally served, service may be made by sending a copy of the notice to the violator’s last known address by certified mail, return receipt requested, and sending an additional copy by regular mail.

(4) If, after reasonable effort is made, the violator cannot be located and no address can be found for the violator, service may be made by publication in a newspaper of regular circulation in the area twice during two consecutive weeks.

An affidavit of service or publication filed with the Tribal Court shall constitute proof of service of the notice of violation. If service is made in the manner described in subsection (3) or (4) of this section, the affidavit must describe the efforts that were made to personally serve the violator. [Ord. 95 § 15.080, 8-11-2006 (Res. 2006-265)].

8.20.580 Cease and desist orders.

(1) If the Tribes or its authorized representative determines, with or without a hearing, that there exists a violation of any provision of this chapter, the Tribes may issue a cease and desist order. Such order shall set forth the provision alleged to be violated, the facts alleged to constitute the violation, and the time by which acts or practices complained of must be terminated.

(2) The order shall be served in the manner provided in TTC 8.20.570.

(3) A cease and desist order does not preclude the Tribes from seeking civil penalties and/or damages. [Ord. 95 § 15.090, 8-11-2006 (Res. 2006-265)].

8.20.590 Request for Court order.

In the event any person fails to comply with a cease and desist or a cleanup order that has not been temporarily suspended pending administrative or judicial review, the Tribes may request the Tribal Attorney to bring, and if so requested it shall be his duty to bring, a suit in Tribal Court for a temporary restraining order, or a preliminary or permanent injunction to prevent any further or continued violation of such order. [Ord. 95 § 15.110, 8-11-2006 (Res. 2006-265)].

Article XV. Court Procedures

8.20.600 Rights of parties.

Any party to a hearing held pursuant to this chapter has the following rights:

(1) The right to be represented by counsel at his or her own expense;

(2) The opportunity to subpoena witnesses;

(3) The opportunity to introduce, examine and cross-examine witnesses;

(4) The opportunity to discover, offer and inspect evidence; and

(5) The opportunity to explain any mitigating circumstances surrounding the violation. [Ord. 95 § 16.010, 8-11-2006 (Res. 2006-265)].

8.20.610 No right to jury trial.

There is no right to a jury trial in proceedings held pursuant to this chapter. Such proceedings shall be heard by the Court without a jury. [Ord. 95 § 16.020, 8-11-2006 (Res. 2006-265)].

8.20.620 Hearing.

After consideration of the evidence and arguments presented, the Court shall determine whether or not a violation of this chapter has been committed. If the Court has established, by a preponderance of the evidence, that a violation has been committed, the Court shall enter an order accordingly. [Ord. 95 § 16.030, 8-11-2006 (Res. 2006-265)].

8.20.630 Appeals.

Any party may appeal any final order made by the Court pursuant to this chapter. All appeals shall be governed by the rules for appeal in other civil cases. [Ord. 95 § 16.040, 8-11-2006 (Res. 2006-265)].

Article XVI. Power of the Court

8.20.640 Power of the Court – Generally.

If the Court finds by a preponderance of the evidence that a violation of this chapter has been committed, it may require the violator to pay a civil penalty in an amount not to exceed the maximum civil penalty allowed for the infraction. It may also order any other remedies provided for by this chapter. The Tribes shall have the burden of proof. [Ord. 95 § 17.010, 8-11-2006 (Res. 2006-265)].

8.20.650 Classification of penalties.

Infractions under this code shall carry the civil penalties set forth in this section:

(1) Class A. A penalty not less than $500.00 but not to exceed $50,000.

(2) Class B. A penalty not to exceed $10,000.

(3) Class C. A penalty not to exceed $5,000. [Ord. 95 § 17.020, 8-11-2006 (Res. 2006-265)].

8.20.660 Guidelines for assessing penalties.

Factors the Court should take into consideration when determining the appropriate civil penalty for a violation of this chapter are:

(1) Whether the violator has previously been found by the Court to have committed a violation of this chapter;

(2) The actual cost of enforcing this chapter;

(3) The actual cost of repairing the damage to the Tribes, the Reservation, or to resources caused by the violation;

(4) Whether the violator has attempted to repair the damage caused by the violations;

(5) The extent of the violator’s resources and the needs of his or her dependents, if any;

(6) The extent to which the violation has damaged the environmental or cultural resources of the Tribes and the extent to which such damage may be repaired;

(7) Whether natural or cultural resources damaged by the violator are irreplaceable. [Ord. 95 § 17.030, 8-11-2006 (Res. 2006-265)].

8.20.670 Continuing violations.

Any violation which continues for more than one day will be considered a continuing violation. A separate violation is deemed to have occurred and a separate civil penalty may be assessed for each day in which the violation continues. [Ord. 95 § 17.040, 8-11-2006 (Res. 2006-265)].

8.20.680 Disposition of seized property.

(1) The Court shall determine the disposition of property seized under TTC 8.20.540 at the hearing held on the notice of violation. At the request of the alleged violator, a prompt post-seizure hearing, limited to probable cause issues only, may be held within 10 days of the seizure.

(2) If the Court determines that the owner of the seized property did not violate the provisions of this chapter, the Court shall order the property, and/or the proceeds from the sale of perishables, returned to the person from whom it was seized.

(3) If the Court finds that a violation of this chapter has been committed, the Court may order that any property seized remain in the possession of the Tulalip Tribes until the violator has paid the penalty assessed. If the violator does not pay the penalty within 30 days the Tribes may hold an auction for the purpose of selling the property. Notice of the auction must be posted at the Tribal Center and mailed to the violator at the violator’s last known address at least 10 days prior to the auction.

(4) Proceeds from an auction held pursuant to subsection (3) of this section shall be disbursed in the following order:

(a) To pay the costs associated with the auction;

(b) To be applied to the civil penalty owed to the Tribes as the result of the violation;

(c) Any remaining monies shall be held for the benefit of the violator for a period of six months, after notice has been given of surplus monies, after which they shall become the property of the Tribes if not claimed by the violator. [Ord. 95 § 17.050, 8-11-2006 (Res. 2006-265)].

8.20.690 Penalties for failure to comply.

Any person who violates any provision of any permit issued by the Tribes or fails to comply with any temporary restraining order, preliminary injunction, or permanent injunction issued by the Tribal Court or any final cease and desist order or cleanup order issued by the Tribes shall be subject to a civil penalty of not more than $75,000 per day for each day during which such violation occurs. [Ord. 95 § 17.070, 8-11-2006 (Res. 2006-265)].

8.20.700 Costs of cleanup – Actual damages.

In addition to the civil penalties imposed in this chapter, any person who commits an environmental infraction may be ordered by the Tribal Court to:

(1) Pay the cost of any necessary cleanup, restoration or reclamation caused by the violation, as ordered by the Tribal Court or by any administrative body with jurisdiction; and

(2) Pay any actual damages for injury to property, life or resources of any person, corporation, public body or Tribal entity. [Ord. 95 § 17.080, 8-11-2006 (Res. 2006-265)].

8.20.710 Joint and several liability.

If more than one person is found by the Court to have contributed to a violation of this chapter which has resulted in damages or which requires cleanup, restoration or reclamation, such persons shall be jointly and severally liable for such damages, cleanup, restoration or reclamation and shall have a cause of action for contribution from the other responsible parties. [Ord. 95 § 17.090, 8-11-2006 (Res. 2006-265)].

8.20.720 Attorneys fees and costs.

In addition to the civil penalties imposed by this chapter, the Court may order any violator to pay the attorneys fees and costs incurred by the Tribes in enforcing this chapter. [Ord. 95 § 17.100, 8-11-2006 (Res. 2006-265)].