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BUREAU OF INDIAN AFFAIRS

WESTERN REGIONAL OFFICE

P.O. BOX 10

PHOENIX, ARIZONA 85001

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IN REPLY

REFERTO:

Tribal Government Services

DEC . 6 2004

(602) 379-6786

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Through: Superintendent, Western Nevada Agency

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Honorable Bonnie Akaka Smith

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Chairperson, Pyramid Lake Paiute Tribal Council

Dear Chairperson Smith:

Being returned, as approved, is the Pyramid Lake Paiute Tribe's Resolution No. P.L. 59-03, consisting of

the Tribe's Water and Sewer Ordinance. The Resolution was enacted on July 11, 2003, and approved by

the Western Nevada Agency on July 21, 2003.

The resolution has been pending for review and was qverlooked when reviewing the files for follow-up.

As a result, the time frame for the Secretary's review has elapsed, and is hereby in effect by default due to

passage of the 90-day time limit.

The Pyramid Lake Paiute Tribe's Resolution No. P.L. 59-03, consisting of the Tribe's Water and Sewer

Ordinance, is in full force and effective as of July 21, 2003, the approval date of the Western Nevada

Agency Superintendent.

We apologize for the long delay and not returning the document in a timely manner.

s~~

A<Gting Regional Director

Enclosures

PYRAMID LAKE PAIUTE TRIBE

UTILITY DISTRICT

WATER AND SEWER ORDINANCE

PYRAMID LAKE PAIUTE TRIBE UTILITY DISTRICT

WATER AND SEWER ORDINANCE

TABLE OF CONTENTS

Chapter 1: General Provisions

51-01-010

TI1LE

51-01-020

PURPOSES

51-01-030

POLICY

51-01-040

DEFINITION OF 1ERMS

Lake

Chapter 2: Establishment Qf P;rrrunid

Utility District (£LUD)

51-02-010

ESTABLISHMENT OF PLUD

51-02-020

JURISDICTION

51-02-030

AUTIIORITY OF THE PLUD

51-02-040

lITILITY MANAGER

51-02-050

UTILITY BOARD

51-02-060

REGULATIONS AND POLICIES

51-02-070

AMENDMENTS

Chapter 3: Operation

51-03-010

51-03-0iO

51-03-030

51-03-040

51-03-050

51-03-060

51-03-070

51-03-080

51-03-090

51-03-100

51-03-110

SERVICES

WATER SERVICE

·sEWAGE SERVICE

PRIVATE SEPTIC OR WATER SYSTEMS

MAINTENANCE SCHEDULE

EMERGENCY NOTIFICATION

LIMITS OF RESPONSIBILITY

INSPECTIONS

DISRUPTION OF SERVICE

UNNECESSARY WASTE OF WATER

CONSERVATION OF RESOURCES

Chapter 4: Fee Schedules and Billing

51-04-010

FEE SCHEDULE ESTABLISHMENT

51-04-020

PUBLIC HEARING

51-04-030

NOTICE TO CUSTOMERS

51-04-040

BILLING RESPONSIBILITY

Chapter 5: Enforcement

51-05-010

REMEDIES AUTHORIZED

51-05-020

REMEDY GUIDELINES

Chapter 6: Customer Grievances

51-06-010

DETERMINATION FOR GRIEVANCE

51-06-020

TIMEPERIOD

10 ·

51-06-030

51-06-040

51-06-050

51-06-060

51-06-070

CONTENTS OF GRIEVANCE,_ _ _ _ _ _ _ _11

MANAGER DECISION

AD:MINISTRATIVE APPEAL

UTILITY BOARD HEARING

FINALITY OF DECISION

Chapter 7: Miscellaneous Provisions

51-07-010

S0VEREIGNilvfivIDNITY_ _ _ _ _ _ _ _ _ 12

51-07-020

SEVERABILITY

(

ORDINANCE NO. 51

PYRAMID LAKE PAIUTE TRIBE UTD.,ITY DISTRICT

WATER AND SEWER ORDINANCE

Chapter 1: General Provisions

51-10-010

TITLE: This Ordinance is known and may be cited as the "Pyramid Lake

Paiute Tribe Utility District Water and Sewer Ordinance" or the "Water

and Sewer Ordinance."

51-10-020

PURPOSES: The purposes of this Ordinance are to:

(a) Establish the Pyramid Lake Utility District to ensure proper

management of public utility services within the Pyramid Lake Indian

Reservation communities; and

(b) Provide utility services in a manner that promotes the general health,

safety, welfare, and peace of the Pyramid Lake Paiute Tribe.

51-10-030

POLICY: It shall be the policy of the Pyramid Lake Paiute Tribe that the

Pyramid Lake Utility District operate, maintain, and manage the public

utilities on the Pyramid Lake Paiute Reservation so that community

residents are provided with a high level of utility services. It shall also be

the policy of the Pyramid Lake Paiute Tribe that the operation,

maintenance, and management of public utilities on the Pyramid Lake

Paiute Reservation be carried out through an efficient program and in a

.financially responsible, cost-effective, and self-sufficient manner.

51-10-040

Ordinance:

DEFINITION OF TERMS: The following definitions shall apply to this

(a) "Appurtenances" are the real and personal property owned by the

Tribe located on, near, or under the roadways and streets, such as fire

hydrants, valves, manhole covers, and drains, etc.

(b) "Collection Lines" are those sanitary sewer lines maintained by the

Utility District by which sanitary sewage collection and disposal

services are provided.

Utility District enters into a contract with to provide environmental

services or utility repairs, design, inspection, construction and

reconstruction, or operation services.

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(d) "Customer" means a person, business, agency, or other organization

that uses, is entitled to use, or is obliged to pay for the use of or the

provision of services from the Utility District.

(e) "Customer Lines" are the potable water lines or sanitary sewer lines

located immediately adjacent to, i,nside o:( or under a Customer's

residence or other building or property, which are either connected by

a shutoff valve to utility service lines or are maintained by the

Customer separately from utility service lines.

(t) "Distribution System Lines" are those potable water lines or sanitary

sewer lines maintained by the Utility District by which utility services

are provided to customers.

(g) "Meter'' is a device, maintained ·by the Utility District for measuring

the amount of water provided to a particular customer.

. (h) "On-Site Sewage Treatment and Disposal System" shall mean

individual or community septic tanks and subsurface drain fields and

associated appurtenances that collect, treat, and dispose of liquid waste

generated by customers.

(i) "Operator" shall mean an individual hired by the Utility Manager to

provide daily preventive maintenance and operational service for the

public water and sanitary sewer utilities.

(j) "Pyramid Lake ·Paiute Reservation'' or "Reservation" means all air,

land, ·and water, both surface and underground, located within the

exterior boundaries ofthe Reservation and on any acquired properties

outside the exterior boundaries.

(k) "Public Utilities" shall mean all utilities maintained, operated, or

managed by the Utility District within the Pyramid Lake Paiute

Reservation on behalf of the Pyramid Lake Paiute Tribe.

(1) "Regulation" is a law, rule or procedure duly adopted by the Utility

Board and approved by the Tribal Council for purposes of

implementing the requirements of this Ordinance.

(m)"Sewage" means all water and solids carrying waste.

. (n) "Sewage Disposal System Cleaner" shall mean any individual, firm,

contractor, or organization that the Utility Manager hires to pump out

on-site sewage treatment and disposal systems, dispose of the waste

material and repair the onwsite sewage treatment and disposal systems

located on the Pyramid Lake Paiute Reservation.

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( o) "Tribal Council" shall mean the elected Tribal Council of the Pyramid

Lake Paiute Tribe.

(p) "Tribal Lands" shall mean all lands owned by the Pyramid Lake Paiute

Tribe and its members, regardless of whether such lands are owned in

trust or fee, and all lands within the exterior boundaries of the Pyramid

Lake Paiute Reservation and any newly acquired properties outside the

exterior boundaries.

(q) "Tribe" shall mean the Pyramid Lake Paiute Tribe of Nevada.

(r) "Utility District" means the Pyramid Lake Utility District, a

governmental program of the Tribe authorized to operate and maintain

public utility services on the Pyramid Lake Paiute Reservation.

(s) "Utility Boai:d" shall mean the Board appointed W1der Section._ 02-050 of this Ordinance, whose duties include advising the Tribal

CounciJ on the operation and maintenance of public utilities and

setting of fees and rates.

(t) "Utility Manager'' shall mean the individual hired by the Tribe to

oversee and manage the operation ofthe Water & Sewer Program

under the direction of the Pyramid Lake Utility Board.

(u) "Vendor'' is any individual, firm, contractor, or organization that

supplies parts, equipment, supplies, and/or services for consideration

to the Utility District.

Chapter 2: Establishment of Pyramid Lake Utility District

ESTABLISHMENT OF PYRAMID LAKE UTILITY DISTRICT: There

is hereby established the Pyramid Lake Utility District.

51-20-020

JURISDICTION: The Utility District shall generally operate within the

exterior boW1daries of the Re~ervatlon.

51-20-030

AUJHORITY OF TIIB PYRAMID LAKE UTILITY DISTRICT: The

Utility District shall maintain and manage the public utilities of the Tribe

within the Reservation. To fulfill these responsibilities, the Utility Board

Utility Manager (with the approval of the Utility Board) shall have the

powerto:

Levy and collect reasonable fees for utility services, including but

not limited to monthly service charges, connection fees, late fees,

51-20-010

(a)

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late penalties, construction pennits, and other assessments deemed

necessary by the Utility Board.

(b)

Provide for the hiring and compensation of appropriate

management and maintenance persormel.

(c)

Adopt appropriate regulations and policies to implement the

requirements of this Ordinance, subject to any Tribal Cou11cil

approval required under this Ordinance.

( d)

Authorize disbursement of funds for the operation, maintenance,

and repair of utility services.

(e)

Contract with vendors and contractors to assure that safe and

reliable utility services are available to residents of Reservation.

51-20-040

UTILITY MANAGER: The Utility Manager shall manage the daily

business and operating affairs of the Utility District. The Utility Manager

may provide for hiring and contracting personnel for the care and

maintenance of the public utilities, provided that such actions shall be

taken in accordance with Tribal personnel and .financial policies.

51-20-050

UTILITY BOARD: The Tribal Council shall appoint a five (5) member

Utility Board consisting of members of the Tribe who reside in

Wadsworth, Sutcliffe, and Nixon. The Utility Board shall meet when

necessary to review and approve policies, regulations, and fee for service

schedules prepared by the Utility Manager. The Utility Board shall have

no management or supervisory authority over the Utility Manager.

51-20-060

REGULATIONS AND POLICIES: The Utility Dis.trict shall adopt

regulations or policies as needed to implement the provisions contained in

this ordinance. Regulations, fee schedules, and policies must be approved

by the Tribal Council before becoming effective, unless the Tribal Council

delegates authority to the Utility Board or the Utility Manager to

implement certain regulations or policies without further Tribal Council

approval. Such regulations or policies shall include, but are not be limited

to, the following ·subjects:

(1) Fee schedules;

(2) Billing policies;

(3) Delinquent payment procedures;

(4) Maintenance service schedules;

(5) Emergency notification procedures;

(6) Emergency response procedures; and

(7) Inspection procedures.

....

51-20-070

AMENDMENTS: The Utility Board shall recommend to the Tribal

Council amendments to this Ordinance necessary to promote efficient,

cost-effective, and self-sufficient operation of the Utility District.

Chapter 3: Operation

51-30-010

SERVICES: The services provided by the Utility District shall include

domestic water, sewer, and related appurtenances. The Tribal Council

may provide additional services upon recommendation of the Utility

Board.

51-30-020

WATER SERVICE: The Utility District is responsible for providing safe,

adequate water for a fee to those customers whose residences are

connected to Utility District's Distribution System Lines. The Utility

District's responsibility for maintenance shall only extend to water

sources, treatment facility(s), storage tanks, controls, mainlines, valves,

hydrants, and service lines up to curb stop or water meter/valve to the

house, and shall not extend to Customer Lines. The Utility District's

responsibilities will also include the watering of Tribal facilities such as

cemeteries, parks and other community facilities. Interior house plumbing

and Customer Lines are the responsibility of the customer. The individual

household water meters are the property of the Tribe and shall be

maintained by the Utility District.

51-30-030

SEWAGE SERVICE: The Utility District shall provide sanitary disposal

of domestic liquid waste for a fee to those houses connected to the Utility

District's Collection Lines. The Utility District may, for a fee, provide

maintenance and repair of individual on-site sewage disposal systems and

· septic systems. The Utility District's responsibility for maintenance will

include treatment facilities, pumping stations, mainlines and manholes,

and service lines to the property lines.

51-30-040

PRIVATE SEPTIC OR WATER SYSTEMS: No person may install a

septic system or groundwater well on the Reservation without the prior

notification to the Utility District.

51-30-050

51-30-060

MAINTENANCE SCHEDULE: The Utility Manager shall adopt

procedures establishing a maintenance service schedule for each water and

sewage system. Records shall be kept of all routine maintenance and

needed repairs performed.

EMERGENCY NOTIFICATION: Procedures for emergency notification

shall be established by the Utility Board. Emergency notification

regulations shall notify residents and visitors of

(1) At least 24 hour advance notice of any known discontinuation in

service;

(2) Known substandard conditions in water quality, particularly primary

standards regulated under the Safe Drinking Water Act; and

(3) Any other conditions which may adversely affect the health of the

community residents or visitors.

51-30-070

LIMITS OF RESPONSIBILITY: The Utility District shall not be

responsible for, nor maintain nor repair, any private or domestic water or

sewer system, except by specific agreement establishing fair rates of

compensation to the Utility District. The Utility District shall not be liable

for any loss or damage beyond its control resulting from any defect in, or

damage to, a customer' s water or sewer lines.

51.:.30-080

INSPECTIONS: The Utility District and its agents are authorized to make

limited inspections, at reasonable times, of any grounds, building or

residence served by the Utility District to the extent necessary to ensure

that customer utility fixtures, lines, and equipment are not being operated

in a manner that would likely disrupt or interfere with'utility services. The

Utility Manager shall provide customers with at least 24 hours notice prior

to entering and inspecting the premises, except in cases of emergency

where life or property are threatened, or in cases of immediate water

shortages.

51-30--090

DISRUPTION OF SERVICE: The Utility Manager may terminate water

or sewage service, or disrupt traffic on the public right-of-way to perform

repairs, provided that advance notice has been given to affected customers.

Advance notice is not required in cases of emergencies where loss of life

or property is threatened, or in cases of immediate water shortage. The

Utility District shall not be responsible for consequential damages as a

result oflack of water or sewage during authorized disruptions of service.

51-40-100

UNNECESSARY WASTE OF WATER: The Utility Board reserves the

right to tenninate a customer's service when the customer has repeatedly

and unduly wasted water. Such undue waste can be evidenced by the fact

that hydrants, taps, hoses, or other fixtures are permitted to run

continuously without specific prior approval of the Utility Board. This

includes using the municipal water system to irrigate gardens and

livestock. Where such conditions have been observed, the Utility

Manager shall personally serve the customer with a written notice from

the Utility Board to correct the water waste. If the customer does not

terminate their water waste within the time specified in the notice, the

Utility Manager may terminate water service to the customer. Service

shall be resumed only after correction of the condition causing water

waste, and payment by the customer of the approved reconnection fee;

penalties and any other accounts in arrears to the Utility District.

51-40-110

CONSERVATION OF RESOURCES: The Utility Manager shall conduct

operation, maintenance, and repair services in a manner that will

maximize the conservation of natural, financial, and property resources.

Chapter 4: Fee Schedules and Billing

51-40-010

FEE SCHEDULE ESTABLISHMENT: The schedule of fees and

required deposits for utility services shall be set by the Utility Board with

approval of the Tribal Council. The fee schedule shall be based on the

estimated average annual costs for operation of the particular utility

service (e.g., water, sewage, solid waste). The monthly fee schedule shall

include a basic rate for services provided by the Tribe and/or Utility

District, payment of which shall be required of each customer regardless

of whether, or the extent to which, the customer uses any of the services

during the month. The fee schedule may be adjusted as needed to meet

utility operating expenses. The fee schedule may include: user fees,

meter fees, construction permit fees, connection fees, disconnection fees,

reconnection fees, inspection fees, penalties, late payment charges, and

other assessments determined by the Utility Board and approved by the

Tribal Council. The fee schedule may be amended if meters are installed

to determine actual usage. The fee schedule may provide different rates ·

for residences and different categories of businesses.

51-40-020

PUBLIC HEARING: The Utility Board shall hold a public hearing

whenever a new or revised fee schedule is proposed for adoption. At least

five days in advance of the hearing, the notice of the public hearing with

the proposed fee schedule shall be sent to current customers and posted in

a public location. Following the public hearing, the Utility Board shall set

a fee schedule to be presented for Tribal Council approval, talcing into

consideration comments received at the hearing.

51-40-030

NOTICE TO CUSTOMERS: A copy of the new or revised fee schedule

adopted by the Tribal Council shall be sent to each customer at least 30

days prior to the date the established schedule talces effect.

51-40-040

BILLING RESPONIB1LITY: The Pyramid Lake Finance Department

shall be responsible for billing customers for utility services.

C~apter 5: Enforcement

51-50-010

REMEDIBS AUTHORIZED: One or more ofthe following remedies are

available to the Utility District for failure of the customer to comply with

any provisions of this Ordinance or with any duly adopted regulation of

the Utility Board:

(1) Tennination ofutility services;

" ';

(2) Assessment of penalties based upon regulations established by the

Utility District;

(3) Assessment oflate charges based upon regulations established by

the Utility District;

( 4) Assessment of damages from the customer's non-compliance;

. (5) Forfeiture of all or part of a deposit and any accumulated interest;

( 6) Seeking damages based on the customer non-compliance in the

Pyramid Lake Tribal Court; and/or

(7) Referring violations that may involve criminal conduct to the

Tribal Police.

In all cases, the billing policy and due process must be followed.

51-50-020

REMEDY GUIDELINES: The Ut;ility Board shall use the following

guidelines when considering the appropriate sanctions to be imposed in

any given case:

(1) Whether the sanction·is required by this Ordinance or other

applicable law, or whether imposition is discretionary;

(2) The minimum sanction needed to effect compliance;

(3) The harm to operation of the Utility District and to ilie Tribe if the

sanction is not imposed;

(4) The customer's past record of compliance or non-compliance, or

good faith efforts to achieve compliance;

(5) The harm to other persons or property if the sanction is not

imposed~ and

( 6) The effectiveness of similar sanction in securing compliance in

other cases.

Chapter 6: Customer Grievances

51-60-010

DETERMINATION FOR GRIEVANCE: Any person aggrieved by a

determination of the Utility District to terminate service(s) or assess

damages or penalties may file a written grievance with the Utility

Manager.

51-60-020

TIME PERIOD: The aggrieved person must file a written grievance with

the Utility Manager within ten (10) working days from the date of the

action from which the grievance arises, which' may be the date the

aggrieved person receives the determination letter or other notification of a

determination by the Utility District, or else the person's right to grieve

the matter is forfeited.

51-60-030

CONTENTS OF GRIEVANCE: The written grievance must be addressed

to the Utility Manager and set forth the specific grounds for the grievance.

The.person shall submit all documentary evidence the person wants the

Utility Manager to take into consideration.

....

...

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51-60-040

MANAGER DECISION: The Utility Manager shall issue a written

decision on the grievance within ten (IO) working days after receipt of the

grievance. The written decision shall set forth a statement of facts leading

up to the grievance and the grounds for the decision on the grievance.

51--60-050

ADMINISTRATIVE APPEAL: If the person is not satisfied with the

Utility Manager's decision on the grievance, he may submit a written

reque.s t for an administrative appeal to the Utility Board. The written

request for an administrative appeal to the Utility Board must be submitted

within ten (I 0) calendar days from the date the person receives or should

have received notice of the Utility Manager's decision.

51-60-060

UTILITY BOARD HEARING: The person may request an administrative

hearing in his request for an administrative appeal. If the person requests

a hearing, the Utility Board shall schedule the hearing within twenty (20)

calendar days of the date of receiving the administrative appeal request.

The Utility Board shall send the person written notice of the time and

location of the hearing. At the hearing, the person may present evidence,

inspect the evidence of the Utility District and be represented by legal

counsel.

51-60-070

FINALITY OF DECISION: The decision of the Utility Board shall be

final.

Chapter 7: Miscellaneous Provisions

51-70-010

SOVEREIGN IMMUNITY: The Utility District, as a governmental entity

of the Pyramid Lake Paiute Tribe, is immune from suit. Nothing

contained herein is intended to waive the Tribe's or the Utility District's

·sovereign immunity from suit.

51-70-020

SEVERABILITY: The invalidity of any section, clause, sentence, or

provision of this ordinance shall not affect the validity of any other part of

this Ordinance which can be given effect without such invalid part(s).

....

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.