HABEMATOLEL POMO OF UPPER LAKE

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TITLE 9. LAND USE

CHAPTER 9.2. SOLID WASTE DISPOSAL

TABLE OF CONTENTS

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ARTICLE 2. PURPOSE...............cccccscsecsssecseresesseneeeenseeeneeeeeeeeeea eee esse eeee eeu eeueesenseeeenense nee ecunewesstenen seen eneeseees 3

ARTICLE 3. JURISDICTION 0000... cececccsscccceecessetenecceeeeeeresssaeceeeeeeeesasaessceseneeensnseeeeetesensssaaenacecceeesesssaeesees 3

SECTION 3.1. APPLICABILITY «000... eceeccceecceeecceecceereeeeeeeesseeereeeeeeeeseeeseeseeeeeusceseesesaeneneaseauens 3

SECTION 3.2. JURISDICTION. ............cccscccsecsscccecescesecssceeeeeseseeceeceeeceecenesssessecasseesseseseneeesenseeeeoeese 3

ARTICLE 4. DEFINITIONS. .............ccccesssccccsssesssnneceeeereeseaaaceeseceeeesaeeaeeeseceeenseanseeecesepasaaaaeaaeeseceneccanenseeeses 4

SECTION 4.1. DEFINED TERMS. ........sssssssssssccccceccccceseceecesseseseseseeseetscsauseeaaaaasaaaaaaseeseeseeseesreseseoes 4

ARTICLE 5. STORAGE, TRANSPORT AND DISPOSAL OF SOLID WASTE............:::eccceeeeessesseeeceeeecesersaaeeessooes 7

SECTION 5.1. RESPONSIBILITY FOR STORAGE, TRANSPORT AND DISPOSAL OF SOLID WASTE....... 7

SECTION 5.2. STORAGE OF SOLID WASTE ..........eeeeeesessserecceestsesssneaseeeessessnnaneeesseeresaaseeeeeeepeneeaas 7

SECTION 5.3. TRANSPORTATION OF SOLID WASTE...........:.cccccssseccccessceeceeesecenaueesceeesseessecaeessouaes 8

SECTION 5.4. DISPOSAL OF SOLID WASTE...............ccccsscccrsecesscenscenssosssenseneesces see ceseeeeeetensesseeens 8

SECTION 5.5. APPROVAL OF DISPOSAL SITES ON RESERVATION. ............:::::esseessseeneeeceeeeesseesooeees 9

ARTICLE 6. RECYCLING AND COMPOST PROGRAM............ccccsssscceccesseeccesseecccoseeeesnaeeesseseneseeeeeeeeeeennesess 9

SECTION 6.1. CREATION OF RECYCLING AND COMPOST PROGRAM ...............:::s:seeeeeeeeeeeeeeeeeeeees 9

SECTION 6.2. PARTICIPATION IN RECYCLING AND COMPOST PROGRAM .............cseseccessscenseeceeees 9

ARTICLE 7. ENFORCEMENT .............eceeeeeeecceeeceeeeesecesnsccessoeecsaseeneeseeeeneecneeeseeseneeseeeeeeeseuseeaseeensee noes 10

SECTION 7.1. WARNING ............:ssssseessseccceccececesesccceseesceeeeeseseeessnenseeessnnsnsaceaaeaaneeeeseeeeeeseneesees 10

SECTION 7.2. CITATION .............cccscccssccnssesseussceecccssccusssessseesssesssessesenesssescesseeessousseuesonesoeeees 10

SECTION 7.3. PROSECUTION...........ccccsccssccssccsecescesccsceesceeeseseesseasenseeaseseecessaecssesessensenecoeeceesonss 11

SECTION 7.4. BURDEN OF PROOF .............cccccsccssccsccensccesecsececscersecnaesesuseeeeeseseeuseaapeseesseeseeuees 11

ARTICLE 8. PENALTIES 0000... ecccceeecessccteccneeeeeeeeeeeasseaecueeeeseceeestneesneeeneeseaesseaeeeeeeesssapesaneceneseaeres 11

SECTION 8.1. CIVIL PENALTIES 0.00.0... ecccecccecctseeesseeceseeccenscecensecsueecesaeeseneeseaeseeaeeeneesesseuneoees 11

SECTION 8.2. CIVIL DAMAGES AND/OR INJUNCTIVE ACTIONS..........cccssssssecccceeceeeneeesceeceeeereseees 12

SECTION 8.3. NO OTHER REMEDIES AFFECTED ........ oo eecceseccceeeceeeeeeeaeeceanersaeceseaeeenseeeeaees 12

SECTION 8.4. ENVIRONMENTAL PROTECTION FUND...............cccccsssseecccesseeccesseenecssereesanseseeouas 12

SECTION 9.1. SOVEREIGN IMMUNITY.............c:ccccessseccssseccesscneesceeeeecsesscceeeeceaseeossceseesseesesensoes 12

SECTION 9.2. AMENDMENTS................:ceccsecccseccneeseeccseeesaeecaeeceseeaeesaneeecceeasecaeeseeeseeeeonseeeeeeaees 13

SECTION 9.3. SEVERABILITY ............ccscccssecceesccecsscscnseccesscecssseccessceuneseeenesaesssseuseseesseseneeseeeesenes 13

SECTION 9.4. EFFECTIVE DATE ............cccccsssccssecsecescceseenescssceuseceecenesceescoseessseeseeaeseesseeueeoue ees 13

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Title 9 Chapter 2: Solid Waste Disposal Effective Date July 10,2026

ARTICLE 1. TITLE

This chapter shall be titled the Habematolel Pomo of Upper Lake Chapter 9.2. Solid Waste

Disposal and may be cited as the HPUL Solid Waste Disposal Code. This chapter shall be

codified as Chapter 2 of Title 9 of the Habematolel Pomo of Upper Lake Book of Codes.

ARTICLE 2. PURPOSE

The Tribe adopts this Chapter in order to protect and promote the political integrity, economic

security, health, safety and welfare of the Habematolel Pomo of Upper Lake (“Tribe”), its

members, and all persons living on, or passing through, the Habematolel Pomo of Upper Lake

lands and to protect and preserve the environment, lands, cultural, religion and natural resources

of the Tribe. Specifically, this Chapter addresses the collection, storage, transportation, and

disposal of solid waste on all lands under the jurisdiction of the Tribe.

ARTICLE 3. JURISDICTION

SECTION 3.1. APPLICABILITY

(A) The applicability of this Chapter shall extend to all persons who collect, transport, handle,

store, or dispose of solid waste within the Reservation or other territory over which the

Tribe has jurisdiction.

(B) Any person who enters onto the Reservation or other territory over which the Tribe has

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

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

Such person’s use of land involving the storage, collection, transportation and disposal of

solid or hazardous waste on the Reservation will have a demonstrably serious impact

upon the environment, natural resources, public health, safety, welfare, political integrity

and economic security of the Tribe and its members, unless such use is in compliance

with the provisions of this Chapter, and any regulations promulgated hereunder.

SECTION 3.2. JURISDICTION

(A) | Habematolel Pomo of Upper Lake Environmental Protection Agency (HEPA) shall have

authority to enforce this Chapter in accordance with Article 7, including issuance of

citations and prosecution for violations under this Chapter. The Executive Council

reserves all rights and powers to enforce this Chapter, as necessary.

(B) |The Habematolel Pomo of Upper Lake Tribal Court shall have authority to adjudicate

violations of this Chapter and render appropriate penalties in accordance with this

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Title 9 Chapter 2: Solid Waste Disposal Effective Date July 10,2026

Chapter. If no Tribal Court is in operation, the Executive Council, or its express designee,

shall act as the Tribal Court for all references within this Chapter.

ARTICLE 4. DEFINITIONS

SECTION 4.1. DEFINED TERMS

For purposes of this Chapter, the following terms shall have the meanings ascribed bclow:

(A) “Approved Disposal Site” shall mean any site designated and approved by HEPA for

the collection and disposal of solid waste;

(B) “Bulk Waste” shall mean waste which is oversized and whose large size precludes or

complicates its handling by normal solid waste collection and disposal methods,

including, but not limited to, construction and demolition debris; discarded residential,

commercial, and industrial appliances, equipment, and furniture; trees and stumps; and

vehicle parts and tires.

accordance with and for traditional purposes only;

(D) “Chapter” shall mean this Chapter 9.2. Solid Waste Disposal;

(E) “Composting” shall mean depositing in an appropriate on-site container at a residential

location vegetative material from a houschold’s waste stream to create a mixture of

organic matter used for fertilizing and conditioning land, such as for use in gardens;

(F) “Disposal” shall mean the discharge, abandonment, deposit, injection, dumping, spilling,

leaking, or placing of any solid waste or hazardous waste into or on any land or water

within the Reservation or other territory over which the Tribe has jurisdiction so that such

solid waste or hazardous waste or any constituent thereof may enter the environment or

be emitted into the air or discharged in any waters, including groundwaters; provided that

composting is excluded from the definition of disposal;

(G) “Executive Council” shall mcan the Executive Council of the Habematolcl Pomo of

Upper Lake;

(H) “Hazardous Waste” shall mean a solid waste, or combination of solid wastes, which

because of its quantity, concentration, or physical, chemical, or infectious characteristics

may:

(1) Cause, or significantly contribute to an increase in mortality or an increase in

serious irreversible, or incapacitating reversible, illness; or

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Title 9 Chapter 2: Solid Waste Disposal Effective Date July 10,2026

(1)

(J)

(K)

(L)

(M)

(N)

(2) Post a substantial present or potential hazard to human health or the environment

when improperly treated, stored, transported, or disposed of or otherwise

managed.

(3) The term Hazardous Waste including the following:

(a) All plastics, foam, and Styrofoam, as those terms are commonly used, that

is no longer being used or has been discarded;

(b) Hazardous Waste as defined in 40 C.F.R. Section 261.3, as amended from

time to time;

part at 42 U.S.C. Section 7412, as amended from time to time; and

(d) Any hazardous substance contained in 49 C.F.R. Section 172.101,

Appendix A (List of Hazardous Substances and Reportable Quantities), as

amended from time to time;

“HEPA” shall mean the Habematolel Environmental Protection Agency, an agency of

the Habematolel Pomo of Upper Lake:

“Littering” shall mean throwing solid waste out of any vehicle or scattering solid waste

in any manner;

“Nuisance” shall mean a condition that occurs as a result of the handling treatment,

storage, or disposal of solid waste, which condition is injurious to human health or the

environment, is indecent or offensive to the senses, is an obstruction to the free use of

property, or interferes with the comfortable enjoyment of life or property;

“Open Dump” shall mean any facility or site at which solid waste is disposed of that is

not an approved disposal site, does not protect the environment, is susceptible to open

burning or is exposed to the elements, vectors and scavengers;

“Person” shall mean 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;

“Recycling” shall mean the recovery of materials from solid waste for re-use or remanufacturing to create a new product;

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Title 9 Chapter 2: Solid Waste Disposal Effective Date July 10,2026

(O)

(P)

(Q)

(R)

(S)

(T)

(U)

(V)

(W)

(X)

(Y)

“Recovery” shall mean the recovery of materials or energy from solid waste;

“Reservation” shall mean all lands within the exterior boundaries of the Habematolel

Pomo of Upper Lake Reservation located in Lake County, California and all lands owned

by the Tribe both fee and non-fee land and lands held in trust for individuals and all lands

considered “Indian lands” under federal, state or tribal law;

“Residential Solid Waste” shall mean waste generation by the normal activities of

households, including, but not limited to, food wastes, rubbish, yard waste, ashes, etc.

“Sludge” shall mean any solid, semisolid or liquid waste generated from a municipal,

commercial, or industrial wastewater treatment plan, water supply treatment plant, or air

pollution control facility or any other such waste having similar characteristics and

effects;

“Solid Waste” shall mean any garbage, trash, rubbish, refuse, sludge, glass, metals,

plastics, papers, asbestos, cardboard, batteries, chemicals, tires, used vehicles and used

vehicle parts, appliances, furniture and any other discarded material, including solid,

liquid, semisolid, or continued gaseous material resulting from industrial, commercial,

mining, construction and agricultural operations, and from community activities, such as

ashes, dead animals, abandoned vehicles, street and parking lot cleanings. Solid waste

shall not include solid or dissolved materials in domestic sewage;

“State” shall mean the State of California or any administrative agency thereof;

“Storage” or “Store” shall mean confining, containing or stockpiling of solid waste

prior to collection and transport to an approved disposal site or facility authorized to

accept solid waste that is outside the boundaries of the Reservation or other territory over

which the Tribe has jurisdiction.

“Tribal Court” shall mean the Habematolel Tribal Court established pursuant to Tribal

Ordinance. If a Tribal Court is not in operation, the Executive Council, or its designee,

shall operate as the Tribal Court;

“Tribal Member” shall mean an enrolled member of the Habematolel Pomo of Upper

Lake;

“Tribe” shall mean the Habematolel Pomo of Upper Lake, a federally recognized Indian

tribe, or an authonzed official or agency thereof;

“Violation” shall mean any violation of this Chapter.

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Title 9 Chapter 2: Solid Waste Disposal Effective Date July 10,2026

ARTICLE 5. STORAGE, TRANSPORT AND DISPOSAL OF SOLID WASTE

SECTION 5.1. RESPONSIBILITY FOR STORAGE, TRANSPORT AND DISPOSAL OF

SOLID WASTE

(A) — Any person who generates solid waste, disposes of solid waste or causes disposal of solid

waste shall be responsible for the proper storage, transport and disposal of that solid

waste. Responsibility includes, but is not limited to, liability for any costs incurred in the

clean-up of solid waste that is improperly stored, transported, or disposed of as set forth

in this Chapter.

(B) Any person transporting solid waste or any person who by contract, agreement or

otherwise, arranges for the recovery, transport, or disposal of solid waste is responsible

for the proper transport and disposal of solid waste. Responsibility includes, but is not

limited to, liability for any costs incurred in the cleanup of solid waste that is improperly

stored, transported, or disposed of as set for in this Chapter.

Chapter. The parent(s) or the legal guardian(s) of any minor under the age of 18 years, in

violation of this Chapter, shall bc held accountable for any violations of this Chapter by

any minors for whom they are legally responsible.

SECTION 5.2. STORAGE OF SOLID WASTE

(A) — Solid waste may be stored at residences, businesses or Tribal offices within the

Reservation or other territory over which the Tribe has jurisdiction for no longer than the

periods described below. There shall be no private dumps.

(1) Residential Solid Waste: No more than fourteen (14) days.

(2) Bulk Waste: No more than thirty (30) days.

(3) Unregistered or non-operational vehicles of any kind, including, but not limited

to, cars, boats, alternative terrain vehicles, campers, trailers: No more than six (6)

months.

1. Note: No person or business may store any vehicle at any time in which

he/she/it 1) does not have a bill of sale or pink slip for the vehicle and/or

2) has obtained the vehicle for financial gain, which may include receipt

of an inoperable vehicle.

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Title 9 Chapter 2: Solid Waste Disposal Effective Date July 10,2026

(B) Any person storing solid waste on the Reservation or other territory over which the Tribe

has jurisdiction must store solid waste in durable containers with close fitting lids in a

neat and tidy fashion. Containers shall be maintained in such a manner so as to prevent

the creation of a nuisance or a threat to the public’s health.

the following conditions:

(1) | Small quantities of hazardous waste associated with regular and normal

residential use may be stored at a person’s residents for no longer than ninety (90)

days.

(2) Small qualities of hazardous waste associated with regular and normal business

use and practice may be stored at the business location, including the Tribal

Offices, for no longer than ninety (90) days.

(3) Any person storing hazardous waste at a residence or business location must take

precautions to protect the health, safety and welfare of the residents and

environment of the Reservation or other territory over which the Tribe has

jurisdiction.

(4) No hazardous material shall be stored in such a manner as to create a nuisance.

SECTION 5.3. TRANSPORTATION OF SOLID WASTE

After the temporary periods have expired for storage of solid waste, as outlined in Section 5.2,

solid waste must be transferred to a solid waste hauler permitted under Tribal, State or local law,

disposed of according to HEPA’s garbage program, or transported by the solid waste generator

to a landfill, transfer center or approved disposal site.

Any person transporting solid waste within, on or through the Rescrvation or other territory over

which the Tribe has jurisdiction shall cover, tie or otherwise secure such solid waste, so no waste

will be blown or dropped from the transport vehicle.

SECTION 5.4. DISPOSAL OF SOLID WASTE

(A) No person shall dump, abandon, scatter, deposit or dispose of solid waste anywhere

within the Reservation or other territory over which the Tribe has jurisdiction, except

within an approved disposal site.

(1) Littering Prohibited. No person shall litter anywhere within the Reservation or

other territory over which the Tribe has jurisdiction.

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Title 9 Chapter 2: Solid Waste Disposal Effective Date July 10,2026

(B) Noperson shall burn or incinerate solid waste. Burning is for Ceremonial Purposes only.

No person shall burn or incinerate hazardous waste or any pesticide for any purpose

anywhere near or within the Reservation or any other territory over which the Tribe has

jurisdiction.

temporary solid wastc storage container that is not intended for that person’s use.

(D) No person shall maintain an open dump on their property, whether owned or rented,

residential or business.

(E) Owners of vehicles that are unregistered, or which are not operation for a period of six

(6) months shall immediately dispose of the vehicle by arranging for a sale of the vehicle,

or placement of the vehicle in a closed garage, or transportation of the vehicle to a

junkyard licensed to accept vehicles.

SECTION 5.5. APPROVAL OF DISPOSAL SITES ON RESERVATION

(A) Nosite for the disposal of solid waste shall be operated within the Reservation or other

territory over which the Tribe has jurisdiction without a state and/or Tribal permit, as

applicable, to operate as an approved disposal site.

(B) Nosite for the collection of recycling materials from multiple generators shall be

operated within the Reservation or other territory over which the Tribe has jurisdiction

without a state and/or Tribal permit, as applicable, to operate as an approved recycling

collection site.

(1) Individual houscholds or businesses collecting recycling materials generated onsite by that individual household or business are exempt from this requirement but

must submit their recycling for redemption within six (6) months of collection.

ARTICLE 6. RECYCLING AND COMPOST PROGRAM

SECTION 6.1. CREATION OF RECYCLING AND COMPOST PROGRAM

The HEPA and/or Executive Council is authorized to create and adopt, subject to Exccutive

Council approval, such regulations as are necessary for the safe and sanitary collection, handling,

transport, storage, and disposal of recycled materials, including composting, within the

Reservation or other territory over which the Tribe has jurisdiction.

SECTION 6.2. PARTICIPATION IN RECYCLING AND COMPOST PROGRAM

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Title 9 Chapter 2: Solid Waste Disposal Effective Date July 10,2026

All persons within or passing through the Reservation or other territory over which the Tribe has

jurisdiction, including residents and businesses, are encouraged, and may be required pursuant to

any HEPA regulations adopted pursuant to Subsection (A), to implement source separation to

allow for recycling and composting of materials from the solid waste and recycling program. It is

the generator’s responsibility to provide scparation containers meeting the approval of the

HEPA.

ARTICLE 7. ENFORCEMENT

SECTION 7.1. WARNING

(A) HEPA may issuc a written warning to an individual in violation or suspected in violation

of this Chapter, as appropriate. Generally, a warning shall be issued when a violation or

suspected violation of this Chapter has occurred, and HEPA desires to provide a specific

period of time in which the violators must comply with this Chapter or be subject to

further enforcement. The warning may be in the form of a letter signed by HEPA and

copied to the Executive Council and Tribal Administrator. The warning shall include the

action an individual must take in order to comply with this Chapter and may require a

receipt from a transfer station, dump, junkyard or proof of sale as proof of proper

disposal. If proof of compliance is not provided by the deadline indicated on the warning,

HEPA shall issue a citation for the violation.

a. Individuals in receipt of a warning, who can demonstrate financial hardship, may

request that HEPA assist with the disposal of vehicles that are unregistered or

which are not operational for a period of six (6) months. HEPA may arrange for

removal of such vehicles in accordance with this Chapter. Individuals shall be

eligible for HEPA assistance once in a lifetime unless otherwise approved by the

Executive Council. The Executive Council may require that additional assistance

is conditioned on repayment of costs associated with the assistance through

automatic deduction of his/her Tribal benefits.

SECTION 7.2. CITATION

HEPA shall issue a citation to any individual that is suspected of violating this Chapter. The

citation shall contain the following information:

(A) — Reason for citation (i.e., the offense for which the person is being cited);

(B) Date(s) and time(s) of the suspected offense(s) if witnessed or the date and time of

discovery of the offense;

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Title 9 Chapter 2: Solid Waste Disposal Effective Date July 10,2026

(D) The date, time and location where the cited person is to appear before the Tribal Court for

a hearing.

(E) The name and signature of the person from HEPA who is issuing the citation.

SECTION 7.3. PROSECUTION

Any individual in violation of this Chapter (or parents and/or legal guardian in the case of a

minor) may be subject to prosecution in the Habematolel Tribal Court.

SECTION 7.4. BURDEN OF PROOF

All violations of this Chapter shall be subject to the preponderance of evidence standard.

(A) If three (3) or more pieces of addressed mail or any other name-labeled property is found

within any illegal disposal of solid waste (1.e., illegal dumping), it shall be a rebuttable

presumption that the illegal disposal of solid waste was committed by the individual

named on the mail or other name-labeled property. An individual may rebut this

presumption by providing proof, including but not limited to, of an agreement, including

informally via text message, etc., to allow dumping on the said property, proof of

payment, statements of witnesses evidencing dumping or video evidence. Individuals

allowing dumping in violation of this Chapter on his/her property and/or residence, shall

be held at a minimum jointly liable for the violations.

SECTION 7.5. EMERGENCY CLEANUP

HEPA shall have the right, in consultation with the Executive Council and Tribal Administrator,

to begin emergency cleanup work in any area wherein hazardous waste has been illegally

disposed. HEPA shall provide notice to the property owner of the cleanup, which may include

posting notice on the residence or building door.

ARTICLE 8. PENALTIES

SECTION 8.1. CIVIL PENALTIES

Any person violating any provision of this Chapter is subject to a civil fine not to exceed

$2,000.00 per violation, depending on the gravity of the violation and any effects on human

health or the environment resulting from the violation. Generally, penalties shall be issued in

accordance with the following matnx:

Citation Number Penalty

First Citation $250.00 fine + cleanup fees + up to 75

hours community service

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Title 9 Chapter 2: Solid Waste Disposal Effective Date July 10,2026

Second Citation $500.00 fine + cleanup fees + up to 150

hours of community service

Third Citation $1,000.00 fine + cleanup fees + up to 200

hours of community service

Fourth Citation $2,000.00 fine + cleanup fees + up to 300

hours of community service

Community service shall include the pickup of trash on all Tribal property and adjoining

roadsides. Cleanup fees shall include any cost to remove the materials illegally disposed. Cleanup fees may be waived if the person violating this Chapter cleans up the area where the violation

occurred, as certified in writing by HEPA.

SECTION 8.2. CIVIL DAMAGES AND/OR INJUNCTIVE ACTIONS

In the event that any person, as a result of his or her actions that constitute a violation, should

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

personal property situated in, the Reservation or other territory over which the Tribe has

jurisdiction, the HEPA or other person authorized by the Tribe, or the person(s) adversely

affected shall have the right to seek monetary and/or injunctive relief including the imposition of

penalties as set out in Section | above, in any judicial forum of competent jurisdiction.

SECTION 8.3. NO OTHER REMEDIES AFFECTED

Nothing in this Chapter shall in any way limit an individual’s right to pursue, in any judicial

forum of competent jurisdiction, a private action for damages results from actions that would be

considered violations of this Chapter.

SECTION 8.4. ENVIRONMENTAL PROTECTION FUND

(A) All monies collected or received by the Tribe as a result of violations of this Chapter 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 Reservation 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 Reservation and other

territory over which the Tribe has jurisdiction.

ARTICLE 9. OTHER PROVISIONS

SECTION 9.1. SOVEREIGN IMMUNITY

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Title 9 Chapter 2: Solid Waste Disposal Effective Date July 10,2026

Nothing in the provisions of this Chapter constitutes consent by the Habematolel Pomo of

Upper Lake or its sub-organizations to be sued in any court. Neither this Title nor any action

(or inaction) taken by the Habematolcl Pomo of Upper Lake or its sub-organizations pursuant

to this Title represents a waiver of the Tribe’s sovereign immunity for any purpose.

SECTION 9.2. AMENDMENTS

This Chapter, or any section herein, may be amended by a majority vote of the Executive

Council.

SECTION 9.3. SEVERABILITY

If any part of this Chapter is found void and without legal effect, the remainder of the Chapter

shall continue to remain in full force and effect, as though such part had not been contained

therein.

SECTION 9.4. EFFECTIVE DATE

This Chapter shall take effect on the date it is approved by the Executive Council.

CERTIFICATION

As a duly-elected official of the Habematolel Pomo of Upper Lake, I do hereby certify that, at a

meeting duly called, noticed, and convened on the 10" day of July 2026, at which time a quorum

of 7 was present, this Chapter 9.2. Solid Waste Disposal was duly adopted by a vote of 6 FOR, 0

AGAINST, 1 ABSTAINED, and said Chapter has not been rescinded or amended in any form.

Maule lutth 07/17/2026

Executive Council Chairperson Date

ATTEST:

Dru | fe oC 07/17/2026

Executive Council Secretary Date

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Title 9 Chapter 2: Solid Waste Disposal Effective Date July 10,2026

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.