PESTICIDE CONTROL ORDINANCE

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BLUE LAKE RANCHERIA

PESTICIDE CONTROL ORDINANCE

(05 -2000

The Business Council of the Blue Lake Rancheria, empowered by the Tribal Constitution to

enact ordinances, hereby ordains the following:

§1. Purpose

The Business Council finds and declares as follows:

(a) The economic welfare of the Blue Lake Rancheria, its members, and others residing or

working within the Blue Lake Rancheria, is, in part, dependent upon agricultural and nonagricultural use and development of lands within the Rancheria;

(b) Maximum benefit from such use and development may require application of various

pesticides within the Blue Lake Rancheria;

the Blue Lake Rancheria; and

(d) Uncontrolled and improper use of pesticides on the Blue Lake Rancheria poses a serious

threat to the health and welfare of Tribal members and non-members living on, or passing

through, the Blue Lake Rancheria.

Therefore, the Blue Lake Rancheria adopts this Ordinance to protect the health and welfare of all

persons living on, or passing through, the Blue Lake Rancheria. -

§2. Definitions

For the purposes of this ordinance, the following words shall have the following meanings:

(a) The term “Administrator” means the administrator of the U.S. Environmental Protection

Agency.

(b) The term “agricultural commodity” means any plant or part thereof, animal, or animal

product, produced by a person (including but not limited to farmers, ranchers, growers,

vineyardists, plant propagators, Christmas tree growers, aquaculturists, agriculturists,

floriculturists, orchardists, foresters, or other comparable persons) primarily for sale,

consumption, propagation, or other use.

structures, and shall be further categorized as follows: ;

(1) “permitted applicator” means any person who receives a Pesticide Use Permit from the

Tribal EPA to use or supervise the use of pesticides.

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(2) “commercial applicator” means an applicator who is certified by the State of California to

use or supervise the use of any pesticide for any purpose or on any property, including

residential, business or other structures, other than as provided in paragraph (3) of this

sub-section, including any person applying pesticides for a commercial purpose.

(A) _ This definition includes those pesticide applicators defined by the State as

structural pest control applicators.

(3) “private applicator” means an applicator who is certified by the State of California to use

or supervise the use of any restricted use pesticides for the purpose of producing any

agricultural commodity on property owned or rented by the applicator or the applicator’ s

employer or, if applied without compensation other than trading of personal services

between producers of agricultural commodities, on the property of another person.

(d) The term “Business Council” means the Business Council of the Blue Lake Rancheria. ~

(ec) The term “complainant” means any tribal member, Business Council member, Tribal EPA

staff, other staff of the Tribe, or residents of the Rancheria who submit to the Tribal EPA a

written complaint, signed under penalty of perjury, of a violation of this Ordinance, any rules

or regulations promulgated pursuant thereto, or any conditions of a Pesticide Use Permit, in

accordance with the procedures set out in section 15, below.

(f) The term “EPA” means the U.S. Environmental Protection Agency.

(g) The term “FIFRA” means the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C.

§136, et seq.

(h) The term “grower” means any person(s) in possession of real property for the purpose of

producing agricultural commodities and who uses such land to produce agricultural

commodities, including land that lays fallow from time to time.

(i) The term “label” means the written, printed or graphic matter on, or attached to, the pesticide

or device or any of its containers or wrappers. .

(j) The term “labeling” means all labels and all other written material, printed or graphic matter

(1) accompanying the pesticide or device at any time; or

(2) to which reference is made on the label or in literature accompanying or referring to the

pesticide or device, except when accurate, non-misleading references are made to current

official publications of the EPA, the U.S. Departments of Agricultural and Interior, the

U.S. Department of Health, Education and Welfare, State experiment stations, State

agricultural colleges and similar federal and state institutions or agencies authorized by

law to conduct research in the field of pesticide.

(k) The term “land” means all land and water areas, including airspace, and all plants, animals,

structures, contrivances, and machinery, appurtenant thereto or situated thereon, fixed or

mobile, including any used for transportation, within the Rancheria or other territory over

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which the Tribe has jurisdiction.

(1) The term “person” means any individual, corporation, firm, partnership, joint venture,

association, social club, estate, trust, federal, tribal, state, county, city, or district government,

or other political subdivision thereof, or any other group or combination acting as a unit

whether incorporated or not, including a person acting in fiduciary or representative capacity.

(m) The term “pest” means:

(1) any insect, rodent, nematode, fungus, weed, or

(2) any other form of terrestrial or aquatic plant or animal life or virus, bacteria, or other

micro-organism (except viruses, bacteria, or other micro-organisms on or in living

humans or other living animals) which the Administrator declares to be a pest under

FIFRA or which are located in an area when and where they are not wanted.

(n) The term “pesticide” means :

(1) any substance or mixture of substances intended for preventing, destroying, repelling, or

mitigating any pest; and/or

(2) any substance or mixture of substances intended for use as a plant regulator, defoliant, or

desiccant, causing the leaves or foliage to drop from a plant and artificially accelerating

the drying of plant tissue, or accelerating or retarding the rate of growth or maturation or

otherwise altering the behavior of plants or the product thereof,

except that the term “pesticide” shall not include any article that is a “new animal drug”

within the meaning of section 321(w) of Title 21.

(o) The term “Pesticide Use Permit” means the permit issued by the Tribal Environmental

Protection Agency for the use, by a commercial or private applicator, of pesticide(s) on the

Rancheria or other territory over which the Tribe has jurisdiction:

(p) The term “Rancheria” means all land, air, and water located within the exterior boundaries of

the Blue Lake Rancheria.

(q) The term “regulated activity” means activities involving the use of a pesticide, including but

not limited to transporting, handling, storage, and application thereof occurring within the

Rancheria or other territory over which the Tribe has jurisdiction which activities are subject

to regulation pursuant to this Ordinance or any rules and regulations promulgated pursuant

hereto.

(r) The term “restricted use pesticide” means any pesticide formulation which is classified for

“restricted use” by the U.S. Environmental Protection Agency, the State of California, or the

Tribal Environmental Protection Agency.

(s) The term “State” means the State of California or any administrative agency thereof.

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(t) The term “Tribal EPA” means the Tribal Environmental Protection Agency of the Blue Lake

Rancheria.

(u) The term “Tribe” means the Blue Lake Rancheria, a federally recognized Indian tribe. .

(v) The term “wnreasonable adverse effect(s) on the environment” means any unreasonable actual

harm or risk of harm to humans or the environment, taking into account the economic, social,

historical, cultural, and environmental costs and benefits associated with the use of any

pesticide.

(w) The term “violation” means any violation of this Ordinance, any rules or regulations

promulgated pursuant thereto, any orders of the Tribal EPA carrying out this Ordinance,

or any conditions of a Pesticide Use Permit.

(x) The term “violator” means any person who the Tribal EPA finds has committed a violation.

(1) The term “alleged violator” means any person alleged to have committed a violation.

(y) The term “weed” means any plant that grows when and where not wanted.

§3. Jurisdiction

(a) The applicability of this Ordinance shall extend to all persons who use, transport, handle,

store, apply or dispose of pesticides within the Rancheria or other territory over which the

Tribe has jurisdiction. .

(b) Any person who enters onto the Rancheria or other territory over which the Tribe has

jurisdiction shall become subject to this Ordinance and shall be deemed to have consented to

the jurisdiction of the Tribe and to be bound by the lawful enactments of the Tribe.

§4. Pesticide Use Permit

(a) Any person who is a commercial applicator of pesticides must first obtain a Pesticide Use

Permit before transporting, handling, storing and/or spraying any pesticide within the

Rancheria or other territory over which the Tribe has jurisdiction.

(b) Any person who is a private applicator of restricted use pesticides must first obtain a

Pesticide Use Permit from the Tribal EPA before transporting, handling, storing and/or

spraying any restricted use pesticide within the Rancheria or other territory over which the

Tribe has jurisdiction. .

(1) Persons using pesticides, which are not classified as “restricted use pesticides”, in or

around their own residences whether owned or rented; and

(2) Competent persons applying pesticides under the direct supervision of a commercial

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applicator, or applying restricted use pesticides under the direct supervision of a private

applicator, where the commercial or private applicator holds the relevant, valid State

pesticide applicator certification or license and Pesticide Use Permit for such activities,

unless the pesticide labeling requires that a certified applicator personally applies the

particular pesticide.

(A) A pesticide is considered to be applied under the direct supervision of a certified

and permitted commercial or private applicator if it is applied by a competent

person acting under the instructions and control of a certified and permitted

commercial or private applicator who immediately available if and when needed.

(d) A Pesticide Use Permit, or a renewal thereof, is obtained by submitting an application |

therefore, on any form prescribed by the Tribal EPA for this purpose, along with appropriate

documentation, to the Tribal EPA, which shall collect the following information from

applicants:

(1) the applicant’s principal office, place of business, or residence;

(2) the identity of individuals who shall engage in transporting, handling, storing and/or

spraying of a pesticide in the case of commercial applicators, or a restricted use pesticide

in the case of private applicators, on the Rancheria or other territory over which the Tribe

has jurisdiction;

(3) proof of valid documentation as follows:

(A) commercial applicators must submit proof of a valid Qualified Applicator License

(if the owner of a pest control business) or Qualified Applicator Certificate Gf an

employee of a pest control business or authorized governmental agency) and a

Pest Control Business License (noting whether the person is an owner or

employee of the pest control business) issued by the State, or, if appropriate, a

structural pest control certificate and licensing documentation issued by the State;

or ;

(B) private applicators of restricted use pesticides must submit proof of a restricted

materials certificate issued by the State;

(4) proof of financial responsibility protecting persons, and those claiming under them, who

may suffer death, injury, illness or property damages as a result of the operations of the

applicant, which may be satisfied by supplying proof of liability insurance by a company

licensed and authorized to do business in the State of California; and

(5) any other information deemed relevant and appropriate by the Tribal EPA.

(e) Based on the information provided in the application, the Tribal EPA shall conduct an

inquiry on:

(1) the applicant’s history as an applicator;

(2) whether the applicant’s California applicator certification has ever been revoked or

suspended; and

(3) whether the applicant is currently the subject of any disciplinary review or action for

violations of his/her California applicator certification requirements.

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(f) Any Pesticide Use Permit issued by the Tribal EPA must conform to the following

requirements.

(1) The Tribal EPA shall issue a Pesticide Use Permit only to applicants --

(A) — who present proof of the relevant, valid certificates and licenses as described in

sub-section (d) above; and

(B) — who have not been the subject of any past or current disciplinary review or action

regarding a pesticide applicator certificate or license that the Tribal EPA

determines, in its discretion, indicates the applicant could pose a threat to the

health and safety of the residents and environment of the Rancheria and other

territory over which the Tribe has jurisdiction.

(2) The Pesticide Use Permit shall only be valid for those categories of pesticide application

listed on the State applicator certificates and licenses submitted to the Tribal EPA in

accordance with sub-section (d) above.

(3) The expiration date on the Pesticide Use Permit shall not exceed the expiration date

printed on the State certification documented presented to the Tribal EPA, or one year

from the date of issuance of the Pesticide Use Permit.

(4) The Pribal EPA may include any condition(s) in the Pesticide Use Permit that it deems

necessary to protect the health and safety of the residents and environment of the

Rancheria and other territory over which the Tribe has jurisdiction.

(5) Commercial and private applicators must renew any required Pesticide Use Permit each

calendar year, or upon expiration of the previously issued Pesticide Use Permit.

(g) A fee of $10.00 each calendar year will be charged for a Pesticide Use Permit.

(1) Tribal members and Tribal entities are exempt from Pesticide Use Permit fees, but are not

exempt from obtaining Pesticide Use Permits.

(2) The Tribal EPA may waive the permit fee where, in its discretion, it will further the.

interests of justice and fairness.

§5. Prohibited Applications

(a) Individuals not appropriately certified by the State are prohibited from applying or using any

restricted use pesticides, with the exception of those individuals applying restricted use

pesticides under the direct supervision of a certified applicator.

(b) No commercial applicator of pesticides shall use, transport, handle, store, spray, or supervise

the use of any pesticide within the Rancheria or other territory over which the Tribe has

jurisdiction without the relevant, valid applicator certification or license documentation

issued by the State and a tribally-issued Pesticide Use Permit.

over which the Tribe has jurisdiction without first filing with the Tribal EPA a notice of

intent to apply pesticides for a commercial purpose one business day before applying said

pesticides.

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(d) No private applicator of restricted use pesticides shall use, transport, handle, store, spray, or

supervise the use of any restricted use pesticide within the Rancheria or other territory over

which the Tribe has jurisdiction without a valid applicator certification document issued by

the State for private applications of restricted use pesticides and a tribally-issued Pesticide

Use Permit.

(e) No commercial applicator or private applicator of restricted use pesticides shall apply

pesticides in a category of applications outside the scope of their Pesticide Use Permit and

applicator certificate or license issued by the State.

(f) No person shall apply any pesticide by airplane, duster or other areal application method

within the Rancheria or other territory over which the Tribe has jurisdiction

(g) No person shall apply any pesticide within the Rancheria or other territory over which the

Tribe has jurisdiction which is not registered by the EPA or which is prohibited for use

within the borders of the State of California.

§6. Ban on Certain Dealings in Pesticides

No person may produce, process, manufacture, distribute, sell or offer to sell, or dispose of any

pesticide(s) within the Rancheria or other territory over which the Tribe has jurisdiction.

§7. Posting and Re-Entry Requirements

(a) Any permitted applicator must post warning signs at all entrances and exits to buildings and

other structures where the permitted applicator has sprayed any pesticides.

(1) Where the applicator has sprayed pesticides in a small, distinct portion of a building

where the pesticides will not escape the sprayed area, such as an apartment, room or

office, warning signs may be posted at the entrance and exits to that sprayed area.

(2) The warning signs must state in large block letters in the following form or a form

reasonably calculated to convey the same message: “WARNING: PESTICIDES HAVE

BEEN SPRAYED IN THIS AREA. KEEP OUT OF THIS AREA FOR

HOURS. PERSONS MAY ENTER THIS AREA ON AT

ENTERING THIS AREA BEFORE THE END OF THIS TIME PERIOD COULD

ENDANGER YOUR HEALTH. THE FOLLOWING PESTICIDE(S) WAS(WERE)

SPRAYED IN THIS AREA:

(A) _ The first blank space must be filled in With the minimum re-entry period printed

on the label of the pesticide applied in the area. If multiple pesticides are sprayed

in an area, the longest re-entry period must be used. .

(B) The second and third blank spaces must contain the date and time, respectively,

that the re-entry period ends, based on the minimum re-entry period printed on the

label of the pesticides applied in the area. If multiple pesticides are sprayed in an

area, the longest re-entry period must be used.

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(D)

name for each pesticide applied in the area.

The warning sign must also state the date and time of the spraying and the name

and contact information for the applicator.

(3) Warning signs must remain posted for a minimum of twenty-four (24) hours after the end

of the re-entry period listed on the label of the pesticide that has been sprayed in the

building or other structure, or part thereof.

(b) Any permitted applicator must post warning signs at all entrances and exits to outdoor areas

where the permitted applicator has.sprayed any pesticides.

(1) The warning signs must state in large block letters in the following form or a form

reasonably calculated to convey the same message: “WARNING: PESTICIDES HAVE

BEEN SPRAYED IN THIS AREA. KEEP OUT OF THIS AREA FOR

HOURS. PERSONS MAY ENTER THIS AREA ON AL

ENTERING THIS AREA BEFORE THE END OF THIS TIME PERIOD COULD

ENDANGER YOUR HEALTH. THE FOLLOWING PESTICIDE(S) WAS(WERE)

SPRAYED IN THIS AREA:

(A) -

(B)

(C)

(D)

The first blank space must be filledin With the minimum re-entry period printed

on the label of the pesticide applied in the area. If multiple pesticides are sprayed

in an area, the longest re-entry period must be used. If no re-entry period for

outdoor areas is printed on the label, then the re-entry period for indoor areas must

be used.

The second and third blank spaces must contain the date and time, respectively,

that the re-entry period ends, based on the minimum re-entry period printed on the

label of the pesticides applied in the area. If multiple pesticides are sprayed in an

area, the longest re-entry period must be used.

The fourth blank space must be filled in with the trade name and the scientific

name for each pesticide applied in the area.

The warning sign must also state the date and time of the spraying and the name

and contact information for the applicator.

(2) Warning signs must remain posted for a minimum of twenty-four (24) hours after the end

of the re-entry period listed on the label of the pesticide that has been sprayed in the

outdoor area.

§8. Worker Safety

(a) No grower or other employer shall apply or authorize the application of a pesticide in such a

manner as to directly, or through spray drift or overspray, expose workers or other persons to

the pesticide. The area being treated must be vacated by persons not involved in the

application.

(b) In accordance with State statutes and regulations, Tribal ordinances or Tribal EPA

regulations, or federal law, whichever is most stringent and protective of human health and

the environment, the grower or other employer must post warning signs around all

agricultural areas or other areas treated with pesticides where the grower or other employer

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has sprayed, or caused to be sprayed, any pesticides.

area treated with pesticides until the re-entry period assigned to the pesticide, as evidenced on

the label, federal regulation or communication, or State regulation or communication, or

tribal ordinance or regulation, has elapsed.

(d) When a pesticide is applied, no grower shall permit affected crops to be harvested or

livestock to graze in an affected field prior to the expiration of the interval for re-entry

stipulated on the label or labeling of the pesticide or pesticides used.

(e) Any person or employee working with or applying pesticides for agricultural or commercial

purposes shall wear personal protective equipment, which shall be furnished at no charge by

the grower or employer. .

(f) All growers and other employers shall comply with State, federal and tribal worker protection

‘standards.

§9. Storage, Transportation and Disposal of Pesticides and Pesticide Containers

(a) No person shall transport, store or dispose of any pesticide, pesticide container or devices, or

pesticide rinsate, in such a manner as to endanger or cause injury to humans, vegetation,

crops, livestock, wildlife, beneficial insects, or the environment of the Rancheria or other

territory over which the Tribe has jurisdiction.

(b) Pesticides and pesticide containers shall not be left unattended at any time, except where they

are being stored in a safe, secure and locked facility, posted with a sign or notice indicating

pesticides or dangerous chemicals are stored therein.

with label recommendations. All labels of stored and transported pesticides shall be plainly

visible. All pesticide containers must have a proper label affixed to them.

(d) No pesticide shall be transported or stored with foodstuff, feed, hazardous material (as

defined in the Air Quality Ordinance of the Blue Lake Rancheria), combustible material, or

‘any other material so as to pose a hazard to humans, animals or the environment of the

Rancheria or other territory over which the Tribe has jurisdiction. All pesticides must be

transported in a secure manner to avoid breakage of container, spills, or any other manner of

contamination of the Rancheria or other territory over which the Tribe has jurisdiction.

(ec) Empty pesticide containers shall be stored and disposed of in accordance with federal, State,

and Tribal EPA regulations and label recommendations, whichever is more protective of

human health and the environment, and in a manner which will not endanger humans,

vegetation, crops, livestock, wildlife, beneficial insects, or the environment of the Rancheria

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or other territory over which the Tribe has jurisdiction. Empty non-returnable pesticide

containers shall be triple-rinsed or the equivalent. Secondary use of such containers is

prohibited where it would endanger humans, vegetation, crops, livestock, wildlife, beneficial

insects, or the environment of the Rancheria or other territory over which the Tribe has

jurisdiction.

810. Prohibited Pesticides

(a). The Tribal EPA is authorized to review from time to time all reasonably accessible studies,

data and information as may appear technically and scientifically viable on the health and

environmental hazards associated with any pesticides.

(b) Based on the review described in sub-section (a), the Tribal EPA is authorized from time to

time to assess and determine whether any pesticides —

(1) could have an unreasonable adverse effect on the environment if used or applied to land;

(2) have been associated with damage to human health and the environment which, in the

discretion of the Tribal EPA, tends to indicate that they could have an unreasonable

adverse effect on the environment if used or applied to land.

(c) Ifthe Tribal EPA determines that any pesticide meets any of the criteria described in subsection (b), above, the use of such pesticide shall be prohibited within the Rancheria or other

territory over which the Tribe has jurisdiction, regardless of whether the EPA or State

authorize such pesticide to be used within the United States or the State of California.

§il. Records

(a) Commercial applicators shall keep and maintain records of each application of any pesticide,

and private applicators shall keep and maintain records of each application of any restricted

use pesticide, including, at a minimum, the following information:

(1) name and address of the owner or lessee of the property treated;

(2) name and address of applicator if different from (a)(1), above;

(3) location of treatment site, if different from (a)(1), above;

(4) date and time of application of the pesticide;

(5) windspeed and wind direction at the time of the application;

(6) name and EPA product registration of the pesticide, formulation, concentration, rate

applied, and total amount used;

(7) place where the pesticide was purchased;

-(8) method of application;

(9) purpose of application, including the name and type of site, crop, and target pest; and

(10) information regarding disposal of any pesticide container(s) used during the

application, including status and location of the container(s) and the name of the

person who disposed of the container(s).

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(b) Reports made pursuant to sub-section (a), above, must be signed by the applicator

responsible for the application.

on the day the pesticide or restricted use pesticide is applied.

(d) Such records shall be kept for a period of two (2) years from the date of the application of the

pesticide or restricted use pesticide and shall be available for inspection by the Tribal EPA at

reasonable times.

(e) Commercial and private applicators required to maintain records under this section shall

furnish a copy of such records to the Tribal EPA at the end of each calendar year.

(f) Records of pesticide or restricted use pesticide applications performed by persons under the

direct supervision of a certified commercial or private applicator shall be the responsibility of

the supervising certified applicator.

§12. Reports of Pesticide Accidents

(a) Commercial and private applicators must report to the Tribal EPA all accidents or potential

injuries to human health and/or the environment related to pesticide applications within the

Rancheria or other territory over which the Tribe has jurisdiction.

(1) Such accidents must be reported to the Tribal EPA within twenty-four (24) hours of the

occurrence of the accident. Accidents that pose, or have the potential to pose, a serious

threat to human health and/or the environment requiring emergency containment,

evacuation, restoration or other measures must be reported immediately to the Tribal EPA

upon disclosure of, or obtaining knowledge of a potential for, such serious threat.

§13. Authorized Activities of the Tribal EPA

(a) The Tribal EPA shall be authorized and directed to conduct the following activities to carry

out the provisions of this Ordinance:

(1) Enforce and carry out the provisions of this Ordinance and any rules and regulations

promulgated pursuant hereto, including assessing civil fines and penalties under section

16 of this Ordinance.

(2) After providing for comment by Tribal Members and residents of the Rancheria,

promulgate rules and regulations as may be necessary to carry out the spirit and letter of

this Ordinance, including:

(A) imposing restrictions, requirements, controls, and prohibitions regarding regulated

activities; and

8B) defining and designating, by map, areas of the Rancheria or other territory over

which the Tribe has jurisdiction where pesticide use is limited, restricted or

prohibited for the protection of human health, natural resources, cultural

resources, and/or the environment.

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(3) Enter at reasonable times into, on, or through any public or private property to conduct

inspections to monitor compliance with the provisions of this Ordinance and any rules or

regulations promulgated pursuant to this Ordinance.

(4) Work cooperatively with other tribes and federal, state, county and municipal

governments to:

(A) coordinate activities and cooperate with such other governments as have similar

or related responsibilities within their respective jurisdictions;

(B) develop intergovernmental agreements as appropriate for optimal coordination,

cooperation, enforcement and assistance in carrying out this Ordinance and

protecting the health and safety of the residents and the environment of the

Rancheria or other territory over which the Tribe has jurisdiction, provided that

the Business Council shall have ultimate authority to execute and enter into any

such intergovernmental agreements.

§14. Unlawful Acts

(a) Any person who has committed any of the following acts is subject to penalties provided in

section 16 of this Ordinance:

(1) violated any provision of this Ordinance, any rule or regulation adopted pursuant to this

Ordinance, or any condition of a Pesticide Use Permit;

(2) engaged in a regulated activity in a faulty, careless or negligent manner;

(3) operated faulty or unsafe equipment in the use, application, storage, transportation, or

disposal of pesticides;

(4) caused a violation of any term, condition or provision of a certificate, permit or license

issued by the EPA or the State which has resulted in the revocation, suspension,

expiration or termination of such certificate, permit or license;

(5) made false or fraudulent records or reports in connection with purporting to carry out the

requirements of this Ordinance;

(6) used fraud or misrepresentation in making an application for, or for renewal of, a

Pesticide Use Permit;

(7) made false or fraudulent claims through any media, misrepresenting the effect of

materials or methods to be used;

(8) made a pesticide recommendation, application, or use inconsistent with the labeling or

other restrictions prescribed by the Tribal EPA;

(9) aided, abetted, or conspired with a person to evade the provisions of this Ordinance, or

allowed the person’s Pesticide Use Permit to be used by another person;

(10) knowingly made false statements during or after an inspection by the Tribal EPA;

and/or

(11) impersonated any federal, state, or tribal official.

(b) No commercial applicator shall apply, use, handle, store, or transport any pesticides within

the Rancheria or other territory over which the Tribe has jurisdiction without first acquiring

liability insurance that extends indemnity coverage for off-target damage arising out of the

application of pesticides. .

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§15. Enforcement Process

(a) The Tribal EPA is charged with conducting investigations, including inspections of relevant

properties, to determine compliance with, or violations of, this Ordinance, any rules or

regulations promulgated pursuant thereto, or any conditions of a Pesticide Use Permit.

(1) Investigations of potential violations by the Tribal EPA shall be initiated upon the filing

of a written complaint, signed under penalty of perjury, by tribal members, Business

Council members, Tribal EPA staff, other staff of the Tribe, or residents of the Rancheria.

(A) | The written complaint shall be submitted on a form developed by the Tribal EPA

and shall include, at a minimum, the following information:

(i) name of the complainant;

(ii) date and time of the alleged violation; .

(iii) name of the alleged violator and/or a description of the alleged violator;

(iv) location of the alleged violation; and

(v) a brief description of the factual basis for the complaint.

(B) The written complaint must be submitted to the Tribal EPA, during normal

- business hours, within six (6) months of the alleged violation.

days of receiving the complaint, upon a finding that the complaint sets forth a

reasonable basis for believing that a violation has occurred.

(b) Following an investigation, if the Tribal EPA determines that a violation has occurred, the

Tribal EPA may take any one of the following actions which it deems most appropriate

considering the gravity of the offense, any harm to human health or the environment resulting

from the violation, and the circumstances of the person committing the violation:

(1) contact any applicator about possible violations of this Ordinance or practices which may

result in violations of this Ordinance to assist the alleged violator in adhering to practices

which promote the proper use of pesticides;

(2) issue a warning of violation, in the form of a letter from the Tribal EPA to the alleged

violator, explaining the basis for the warning, possible measures which the alleged

violator may take to mitigate the basis of the warning, and an explanation of the steps the

Tribal EPA may take if the alleged violator does not take positive corrective action;

(3) assess a civil fine or penalty as described in section 16, against the alleged violator,

following the procedures set out in sub-section (c); below;

(4) upon a finding that a violation is taking place or appears imminent, and that such activity

if allowed to proceed will present an immediate hazard or cause irreparable damage, may

issue an order to the person responsible for such activity to cease and desist from further

commission of such violation, following the procedures set out in sub-section (c), below;

and/or

(5) following the procedures set out in sub-section (c), below, seize and quarantine any

pesticide which is adulterated, misbranded, mislabeled, or detrimental to the health and

safety of humans and/or the environment, or which is otherwise not in conformity with

any applicable provision of this Ordinance.

(A) | The costs of transporting, storing, and disposing of such pesticides shall be placed

upon the owner and/or other responsible party of such pesticides. .

Pesticide Control Ordinance Page 13 of 17

(3), (4) and (5), above: .

(1) The Tribal EPA shall issue a notice of violation, describing the violation and the

proposed penalty or other enforcement action, to the person who is charged with the

violation.

(A) | The notice of violation shall be served by personal delivery or U.S. mail, return

receipt requested. Notice shall be considered received on the date of personal

delivery or three (3) days after the notice is mailed by U.S. mail.

(B) The notice shall include a warning that if the person does not respond within

seven (7) business days, the assessed civil penalty or other enforcement action

will become permanent, and the person will lose all rights to appeal.

Q) Within seven (7) business days of receipt of the notice of violation, the person who is

charged with the violation may submit a written request for an administrative hearing

before the Tribal EPA on the proposed enforcement action described in the notice of

violation.

(A) Ifa hearing is requested, the Tribal EPA must hold an administrative hearing

> within thirty (30) days of receiving the request. If the person requesting the

hearing makes a showing, supported by a declaration or other written

documentation, in the request for hearing submitted to the Tribal EPA that the

proposed enforcement action will result in great financial loss or harm to person

or property before the Tribal EPA is required to hold a hearing, the Tribal EPA

may hold a hearing immediately or may delay or reverse any enforcement action

until the Tribal EPA holds the requested hearing.

(B) _ Ifthe alleged violator does not request a hearing within seven (7) business days of

receipt of the notice of violation, the assessed civil penalty or other enforcement

action will become permanent and the person shall lose all rights to appeal.

(3) At any hearing before the Tribal EPA, the alleged violator must come forward with

evidence, including declarations, written documents, and statements by witnesses,

indicating that the person is not guilty of the violation as described in the notice of

violation. .

(4) Within fifteen (15) days of the hearing, the Tribal EPA shall issue a decision on whether

to affirm or retract the proposed penalty or other enforcement action described in the

notice of violation, based on the evidence submitted by the alleged violator at the hearing.

(A) | The Tribal EPA shall serve a notice of the decision on the violator. The notice of

decision shall be served by personal delivery or U.S. mail, return receipt

requested. Notice shall be considered received on the date of personal delivery or

three (3) days after the notice is mailed by U.S. mail.

(5) The decision of the Tribal EPA pursuant to any administrative hearing on a proposed

penalty or other enforcement action may be appealed to the Business Council upon

written request submitted to the Business Council within five (5) days of the receipt of

the notice of decision after the hearing. The request for a hearing must state the grounds

for overturning the Tribal EPA’s decision.

(A) | The Business Council shall hold a hearing within thirty (30) days, upon a finding

that the violator has stated reasonable grounds for overturning the Tribal EPA’s

decision.

Pesticide Control Ordinance Page 14 of 17

(B) The violator and the Tribal EPA shall have the opportunity to present oral

arguments at the hearing.

together with all papers and requests filed in the proceeding before the Business

Council, shall constitute the exclusive record for decision on appeal.

(D) The Business Council shall set aside the Tribal EPA’s decision only upon a

finding that the Tribal EPA’s decision was arbitrary, capricious, an abuse of

discretion, or otherwise not in accordance with the law.

(E) Within sixty (60) days of the hearing, the Business Council shall issue a decision

on the appeal.

(F) The Business Council shall serve a notice of the decision on the violator. The

notice of decision shall be served by personal delivery or U.S. mail, return receipt

requested.

(G) Decisions of the Business Council are final.

(d) The Tribal EPA and/or the Business Council, or a representative authorized by either body,

may institute proceedings in any judicial forum of competent jurisdiction to enforce a penalty

issued by the Tribal EPA and/or upheld by the Business Council on appeal.

(e) This ordinance in no way restricts an individual’s or the Tribe’s right to file suit against a

party in any court of competent jurisdiction for damages incurred from the improper use of

any pesticide.

§16. Penalties

(a) Any person violating any provision of this Ordinance is subject to a civil penalty of probation

or suspension, revocation, non-renewal, or denial of a Pesticide. Use Permit and may be

assessed a civil fine by the Tribal EPA not to exceed: 5,000.00 dollars per day per violation.

(b) The Tribal EPA may also require the violator to clean up and remediate, at the violator’s

expense, any site or area contaminated with pesticides as a result of the violation.

Remediation and clean-up procedures and standards to be used in complying with an order to

remediate or clean up a site or area must be approved by the Tribal EPA prior to commencing

any remediation or clean-up activities.

EPA shall consider the appropriateness of such fine and/or penalty in light of: the gravity of

the violation; the potential risk to human health and the environment associated with the

violation; any effects on human health and/or the environment resulting from the violation;

and, based on information provided by the.violator, the size of the business of the person

charged, and the effect on the person’s ability to continue in business.

(d) The Tribal EPA or the Business Council is authorized to take any action necessary to enforce

, a penalty issued under this provision, including seeking enforcement in any judicial forum of

competent jurisdiction.

Pesticide Control Ordinance Page 15 of 17

§17. Civil Damages and/or Injunctive Actions

In the event that any person, as a result of his or her use of any pesticides, should proximately

cause any physical damage to any other person(s) residing within, or to any real or personal

property situated in, the Rancheria or other territory over which the Tribe has jurisdiction, the

Tribal EPA or the person(s) adversely affected shall have the right to seek monetary and/or

injunctive relief in any judicial forum of competent jurisdiction.

§18. Environmental Protection Fund

(a) All Pesticide Use Permit fees and any monies collected by the Tribe as a result of violations

of this Ordinance shall be deposited with the Tribe to be credited to the Environmental

Protection Fund.

(b) The Environmental Protection Fund shall be used for expenses related to protecting human

health and the environment within the Rancheria and other territory over which the Tribe has

jurisdiction, enforcing the provisions of the various environmental ordinances adopted by the

Tribe, promoting environmental projects, and furthering environmental education for tribal

members and residents of the Rancheria and other territory over which the Tribe has

jurisdiction.

§19. Effect of Ordinance on Other Tribal Ordinances

This Ordinance supercedes any conflicting or contrary superceding ordinances passed by the

Tribe.

§20. Severability

If any provision of this Ordinance or the application thereof to any person or circumstance is held

invalid, its invalidity does not affect other provisions or applications of this Ordinance, and to

this end the provisions of this Ordinance are severable.

§21. Sovereign Immunity

The sovereign immunity of the Tribe is in no manner waived by this Ordinance or by any action

by the Business Council, the Tribal EPA, or other staff of the Tribe acting pursuant to this

_ Ordinance.

§22. Amendments

This Ordinance may be amended at any time by the Business Council.

Pesticide Control Ordinance . Page 16 of 17

§23. Effective Date

This ordinance shall take effect immediately upon passage.

CERTIFICATION

As the Chairperson of the Business Council for the Blue Lake Rancheria, I hereby certify that the

Business Council adopted this Ordinance at a duly called meeting at which a quorum was present

this.Zndl_ day of alauuecrys AD. .

Pesticide Control Ordinance Page 17 of 17

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.