RINCON BAND OF LUISENO MISSION INDIANS

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RINCON INDIAN RESERVATION, CALIFORNIA

RINCON ENVIRONMENTAL ENFORCEMENT

ORDINANCE

RINCON TRIBAL CODE § 8.300

Adopted on March 27, 2007

Ordinance No, 8.300

Original Enactment Date: March 27, 2007

Subject: Environmental Enforcement

RINCON ENVIRONMENTAL ENFORCEMENT ORDINANCE

Rincon Tribal Code § 8.300

Table of Contents

§ 8.300 Authority And Purpose .....ccccsessssssssccsssssssssssesnecssecssecssusssusssusesssesavessisssussserseeecose 3

§ 8.301 Applicability To Non-Indian Activities On Non-Indian Owned Fee

Lands Within The Reservation .....c.ccccccssssssuesssssssscsssessessssesssesssessven 3

§ 8.302 Findings And Declarations.....cccccccssessccecsesessecseess 4

§ 8.303 Short Tithe ..ccccscecssessssesssecssssssscssesssecssusssuessusesuessussssecarsesssessessurssevecsesssercesccose

§$ 8.304 Definitions... csssscssecsssecssssccssssssssssesssscssvessssvscesassstsesssussssvesssessssinsssvessseccees

§ 8.305 Rincon Environmental Department (RED).......... 6

§ 8.306 Duties And Responsibilities ..0....cccssccsssssssscssessesscseesessecssssecsssscssssessssssiscsssvescesecses 6

§ 8.307 Enforcement Department ..0......cesssssssssssssssssessessssesecssesssuessesssasestsestsesascsasesseeseeseses 7

§ 8.308 Enforcement Actions 0... ccccccscssscseseccesessesesseseee 7

§ 8.309 Hearings And Hearing Process 9

§ 8.310 Remedial Action... ccccccscsssscscesssscceseccssscstsseees

§ 8.311 Civil Penalties

§ 8.312 Enforcement Of Tribal Court Order

§ 8.313 Conduct on Non-Indian Lands Within The External Boundaries of The

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§ 8.314 Sovereign Immunity , 15

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§$ 8.316 Severability oc eccesssessscssesesssscsstssecsssssessessesstearestcssessessesseeeseeses ww lS

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Adopted 3/27/07 Amended on 7/10/07; 8/31/08; 8/14/12; 4/29/14.

PAGE 2

Ordinance No. 8.300

Original Enactment Date: March 27, 2007

Subject: Environmental Enforcement

RINCON ENVIRONMENTAL ENFORCEMENT ORDINANCE

Rincon Tribal Code § 8.300

$8300 AUTHORITY AND PURPOSE

The Rincon Band of Luisefio Indians is a sovereign Indian Band with jurisdiction

over the Rincon Indian Reservation. The Rincon Band of Luisefio Indians, in order to

protect the health, safety, and general welfare of its members, residents, and guests,

exercises regulatory authority over all lands within the exterior boundaries of the Rincon

Indian Reservation. It is important to protect the tribe from conduct of non-Indians on

non-Indian land that has an actual direct significant impact upon, or potential catastrophic

consequences upon the political integrity, the economic security, or the health and

welfare of the tribe. The Rincon Business Committee, pursuant to the Articles of

Association Section 6, (b) and (c) is vested with the authority to enact ordinances

protecting the health, safety, and general welfare of Band Members and non-Indians who

are guests or reside on the Rincon Indian Reservation, as well as, to protect the natural

resources of the Rincon Indian Reservation.

$8301 APPLICABILITY TO NON-INDIAN ACTIVITIES AND NON-INDIAN

OWNED FEE LANDS WITHIN THE RESERVATION

(a) This Ordinance shall not apply to activities occurring on non-Indian

owned fee lands located within the exterior boundaries of the Rincon Reservation unless

the activity falls within one or more of the exceptions set forth in subsection (b).

(b) This Ordinance shall apply to activities occurring on non-Indian owned fee

lands located within the exterior boundaries of the Rincon Reservation if either:

(e0) The activities are conducted by a Tribal Member or an enrolled

member of another federally recognized Indian Tribe, or

(2) The activities are conducted by a Person which has entered into a

consensual relationship(s) with the Tribe or its members, through

commercial dealings, contracts, leases, permits or other

arrangements, or

(3) The activities are conducted on lands in which the non-Indian

owner ot lessee of the subject lands has entered into a consensual

relationship(s) with the Tribe or its members, through commercial

dealings, contracts, leases, permits or other arrangements, or

Adopted 3/27/07 Amended on 7/10/07; 8/31/08; 8/14/12; 4/29/14.

PAGE 3

Ordinance No. 8.300

Original Enactment Date: March 27, 2007

Subject: Environmental Enforcement

RINCON ENVIRONMENTAL ENFORCEMENT ORDINANCE

Rincon Tribal Code § 8.300

(4) The activities include conduct that threatens or has some direct

effect on the political integrity, the economic security, or the

health and welfare of the Tribe. For an activity to qualify under

this subsection (b)(4), it must be conduct that either:

(A) in fact, significantly impacts the political integrity, the

economic security, or the health and welfare of the Tribe, or

(B) has the potential to impose catastrophic consequences upon

the political integrity, the economic security, or the health

and welfare of the Tribe.

activity is subject to this Ordinance pursuant to Section 8.301(b)(4), the Ordinance shall

only apply to the extent necessary to protect the Tribe from actual direct significant

impacts, or potential catastrophic consequences, upon the political integrity, the economic

security, or the health and welfare of the Tribe. Any activity that is subject to this

Ordinance pursuant to subsection (b)(4) shall be governed by Section 8.313.

§ 8.302 FINDINGS AND DECLARATIONS

The Rincon Business Committee, through its vested authority under the

Rincon Articles of Association, finds and declares as follows:

(a) Important to protect natural resources on the Rincon Reservation;

(b) Important to protect health, safety and welfare of members, non-members

and guests;

1301 et seq.;

(d) Important to have tribal environmental enforcement procedures

consolidated under one Code;

(e) Important to identity what tribal department is responsible for

implementing tribal environmental laws;

Adopted 3/27/07 Amended on 7/10/07; 8/31/08: 8/14/12; 4/29/14,

PAGE 4

Ordinance No. 8.300

Original Enactment Date: March 27, 2007

Subject: Environmental Enforcement

RINCON ENVIRONMENTAL ENFORCEMENT ORDINANCE

Rincon Tribal Code § 8.300

(f) Important to provide procedures for environmental enforcement,

§ 8303 SHORT TITLE

This Ordinance shall be known as the Rincon Band of Luisefio Indians

“Environmental Enforcement Ordinance.”

§8.304 DEFINITIONS

Unless otherwise provided herein, the following definitions shall apply

throughout this Ordinance and to all the ordinances attached and subject to this

Ordinance:

(a) "BIA" means the Bureau of Indian Affairs, an agency under the

Department of the Interior of the United States of America.

(b) "Civil Infraction" means a violation of tribal law as set forth in a tribal

ordinance.

efforts to provide notice to or contestation by any person adversely interested as provided

in Section 8.313(b)(2)(B).

(d) "Person" means any Band Member, non-member Indian or non- Indian

individual, trust, firm, association, partnership, political subdivision, government agency,

municipality, industry, public or private corporation, or any other entity whatsoever.

(e) "Rincon Band” means the Rincon Band of Luisefio Indians, a sovereign

Indian Band which is recognized as such by the federal government of the United States

of America. Reference to "Tribe" in any existing or future environmental ordinance shall

mean the "Rincon Band",

(f) ‘Rincon Environmental Department" or "RED", is a department of

the Rincon Band that is responsible for the implementation of the Rincon Band's

environmental ordinances unless otherwise specified.

(g) "Rincon Environmental Ordinance” means any tribal ordinance that is

or was enacted by the Rincon Band for the protection and preservation of tribal resources

Adopted 3/27/07 Amended on 7/10/07; 8/31/08; 8/14/12; 4/29/14.

PAGE 5

Ordinance No. 8,300

Original Enactment Date: March 27, 2007

Subject: Environmental Enforcement

RINCON ENVIRONMENTAL ENFORCEMENT ORDINANCE

Rincon Tribal Code § 8.300

and the tribal environment.

(h) "Rincon Security Department", aka Service, means the

department/service within the Rincon Band which is charged with the enforcement of

tribal ordinances and to provide protection and safety on the Rincon Reservation.

(i) "Rincon Business Committee" or "Business Committee" is the fivemember committee established under Section 3 (a) of the Rincon Band’s Articles of

Association. "Rincon Business Committee" shall be synonyms with "Tribal Council” as

used in any existing or future tribal environmental ordinance.

(j) "Tribal Court” shall be the Intertribal Court of Southern California

or other tribal forum designated by the Business Committee to hear and decide violations

of tribal environmental ordinances.

§ 8.305 RINCON ENVIRONMENTAL DEPARTMENT (RED)

The Business Committee hereby establishes the Rincon Environmental

Department ("RED"). The RED shall be administered by an Environmental

Manager/Director, who will be selected and hired by the Director of Tribal

Administration/Tribal Administrator or other Business Committee representative. The

Environmental Manager/Director shal! report to the Tribal Administrator and directly to

the Business Committee upon request. ‘

§ 8.306 DUTIES AND RESPONSIBILITIES

The duties and responsibilities of the RED are as follows:

(a) Enforcement of Ordinance. Enforce all provisions of this Ordinance and

Tribal Environmental Ordinances in conjunction with the Rincon Security Department

and/or other local law enforcement agency, unless otherwise specified.

(b) Coordinate with Other Agencies, Coordinate and work with appropriate

Rincon Tribal Departments, and the environmental enforcement agencies of the federal

government when appropriate and where there is concurrent enforcement jurisdiction.

environmental inspection, enforcement and training programs.

Adopted 3/27/07 Amended on 7/10/07; 8/31/08; 8/14/12; 4/29/14,

PAGE 6

Ordinance No. 8.300

Original Enactment Date:_March 27, 2007

Subject: Environmental Enforcement

RINCON ENVIRONMENTAL ENFORCEMENT ORDINANCE

Rincon Tribal Code § 8.300

(d) Record Keeping. Keep and maintain records of its inspection,

enforcement, and training programs.

(e) Consultation with Health Agencies. Consult with appropriate health

agencies concerning environmental matters that may affect the health, safety and welfare

of the persons on the Rincon Reservation.

§ 8.307 ENFORCEMENT DEPARTMENT

(a) Applicability. This Ordinance applies to all Environmental Ordinances,

Zoning Ordinances, Land Use Ordinances, and other ordinances adopted by the Rincon

Band from time to time, whether permanent or temporary, which regulate or control land

use and activities on all lands located within the Rincon Indian Reservation, Such

ordinances shall be considered "Environmental Ordinances” as that term is used in this

Ordinance.

(b) Enforcement Department. The Rincon Environmental Department

("RED"), in cooperation with the Rincon Security Department and/or other local law

enforcement agency, is hereby designated as the Enforcement Department entrusted with

the duty and responsibility of ensuring this Ordinance, as well as existing and future

Environmental Ordinances, are complied with.

§ 8308 ENFORCEMENT ACTIONS

(a) Complaints. Any person, including a Rincon Security Officer or other

law enforcement officer, may file a signed, written complaint with the RED alleging a

violation of a Rincon Environmental Ordinance. Given the nature of the alleged

complaint, RED may investigate and prepare a written report setting forth the findings of

the investigation. All complaints will be held in confidence by the RED.

A complaint may also be initiated by the RED upon its own independent

observation and investigation,

(b) Notice of Violation. After completing its investigation and determining

that there has been a violation of a Rincon Band Environmental Ordinance, the RED shall

file a, Notice of Violation with the Tribal Administrator and serve the person responsible

for the violation a copy of the RED investigative report and the Notice of Violation.

Adopted 3/27/07 Amended on 7/10/07; 8/31/08; 8/14/12: 4/29/14.

PAGE 7

Ordinance No. 8.300

Original Enactment Date: March 27, 2007

Subject: Environmental Enforcement

RINCON ENVIRONMENTAL ENFORCEMENT ORDINANCE

Rincon Tribal Code § 8,300

(2)

The "Notice of Violation shall set forth:

(A) The specific environmental violation;

(B) What actions the person must take to correct the violation;

(D)The complaint will be filed with the Tribal Court should the

person fail to take corrective action;

(E) The penalty that the person will be subject to should she or he

fail to take corrective action; and

(F) The person has five (5) working days from the date she or he

receives the "Notice of Violation" to file a written "Request for

Hearing,” pursuant to Section 8.309(a) of this Ordinance, if she/he

contests the findings of the RED.

The "Notice of Violation" may be personally served on the person

(on or off the reservation), posted at his or her property, or sent

certified mail by the RED. If the person responsible for the

violation cannot be located or is intentionally avoiding service of

the "Notice of Violation", the RED shall serve the property owner,

assignment holder, assignee, lessee, grantee, operator, allottee, or

other person in possession and/or control of the property upon

which the violation is occurring and said person shall become

responsible for correcting the violation. After service has been

completed, a "Proof of Service" shall be prepared by the serving

officer/person setting forth the time, date, manner of service and

signed by serving officer/person.

available evidence, that a condition exists that is or will cause immediate harm or injury

to persons on the Rincon Reservation or cause immediate damage or destruction of tribal

natural resources (i.e. land, air, water), the RED shall immediately file a Motion for an

Emergency Order with the Tribal Court. The Tribal Court shall, within 24 hours but in

no case more than 72 hours of the filing of the RED's Motion, either grant or deny the

‘Adopted 3/27/07

Amended on 7/10/07; 8/31/08; 8/14/12; 4/29/14.

PAGE 8

Ordinance No. 8.300

Original Enactment Date: March 27, 2007

Subject: Environmental Enforcement

RINCON ENVIRONMENTAL ENFORCEMENT ORDINANCE

Rincon Tribal Code § 8.300

Motion. If the Motion is granted, the Emergency Order will authorize the RED to take

immediate remedial action to prevent harm, injury or impact to persons on the Rincon

Reservation or tribal natural resources. Upon the issuance of such an Emergency Order,

the RED shall act pursuant to the Order and also serve the Order, if possible, on the

person responsible for causing the threatening condition and/or the property owner,

assignment holder, assignee, lessee, grantee, operator, allottee, or other person in

possession and control of the property where the threatening condition is located. The

Emergency Order shall provide that the person being served may file a "Request for

Hearing” pursuant to Section 8.309(a). The filing of a "Request for Hearing" shall not

stay the enforcement of the Emergency Order.

§ 8.309 HEARINGS AND HEARING PROCESS

(a) Request for a Hearing. Any person served with a "Notice of Violation"

may contest the findings of the RED by filing a "Request for Hearing" with the Tribal

Court within five (5) working days from receipt of the "Notice of Violation". The

"Request for Hearing" shall set forth the grounds upon which the person (herein

"Respondent") contests the "Notice of Violation". Upon receipt of the "Request for

Hearing," the Tribal Court shall schedule the matter for hearing as soon as possible but no

more than 20 calendar days from when the Request is received by the Tribal Court. The

Tribal Court shall issue and serve a "Notice of Hearing" to the Respondent and the RED

setting forth the hearing date, time, location and that the Respondent may bring witnesses,

have legal counsel and/or a representative at his/her own expense and submit any

documents relative to his/her case. The "Notice of Hearing" may be served in the same

manner as provided for under Section 8,308(b).

(db) Either the RED or the Respondent may request that the hearing

date be changed by filing a request with the Tribal Court. The

Tribal Court may grant one (1) request to change the hearing date

upon a showing of good cause. Any subsequent requests for a

continuance of the hearing will be granted by the Tribal Court

only upon a stipulation of the parties.

(b) Hearing Before the Tribal Court. At the hearing, the RED may be

represented by legal counsel. The RED shall present the Tribal Court with its

investigation report and other documents relied upon in finding that there has been a

violation of a Rincon Band Environmental Ordinance. The RED may also call witnesses

to testify in support of its finding that a violation has occurred. The Respondent shall be

Adopted 3/27/07 Amended on 7/10/07; 8/31/08; 8/14/12: 4/29/14.

PAGE 9

Ordinance No. 8.300

Original Enactment Date: March 27, 2007

Maren 27, 2007

Subject: Environmental Enforcement

RINCON ENVIRONMENTAL ENFORCEMENT ORDINANCE

Rincon Tribal Code § 8.300

permitted to question the RED representatives and witnesses.

(1) After the RED has completed its presentation, the Respondent

shall present his/her oral and/or written evidence. All evidence

must be relevant to the violation set forth in the "Notice of

Violation". The RED representatives shall be permitted to

question the Respondent and his/her witnesses.

(2) All hearings before the Tribal Court shall be conducted in a fair

and orderly manner. Hearings before the Tribal Court shall be

civil in nature, informal and may be subject to rules and

procedures as may from time to time be prescribed by the Tribal

Court or the Business Committee.

(3) At the close of Respondent's presentation, the Tribal Court may

either issue a decision at that time or take the case under

advisement. In all cases, the Tribal Court shall evaluate all of the

evidence and testimony and render a decision on whether the

Respondent has violated a Rincon Band Environmental Ordinance.

The Tribal Court shall issue its written decision setting forth its

findings within ten (10) days from the date of the hearing and the

decision will be served on the Respondent and the RED, If the

Tribal Court finds that the Respondent has violated a Rincon Band

Environmental Ordinance, the decision shall order the penalty for

such violation and/or other such relief requested by the RED and

set forth under Section 8.311. All decisions of the Tribal Court

shall be final.

§ 8.310 REMEDIAL ACTION

Ifa Band Member is served with a "Notice of Violation” and fails to take the

corrective action as set forth in the "Notice of Violation" and fails to file a timely

"Request for Hearing", the RED shall submit a written "Request for Garnishment" to the

appropriate Tribal Department requesting that the amount of the fine for the violation be

withheld from the Band Member’s per capita payment.

(a) Request for Court Order. If the RED seeks relief other than or in

addition to a fine, the RED may file a "Request for Court Order" as provided for below.

If the violator is not a Band Member (non- member Indian or non-Indian) and has not

Adopted 3/27/07 Amended on 7/10/07; 8/31/08; 8/14/12; 4/29/14.

PAGE 10

Ordinance No. 8.300

Original Enactment Date: March 27, 2007

Subject: Environmental Enforcement

RINCON ENVIRONMENTAL ENFORCEMENT ORDINANCE

Rincon Tribal Code § 8.300

taken corrective action afier being properly served with a "Notice of Violation” or filed a

"Request for Hearing", the RED shall file with the Tribal Court, a "Request for Court

Order."

(b) Evidence. With the "Request for Court Order" the RED will also file it's

investigation report and other relevant documents or evidence related to the violation, a

copy of the "Notice of Violation", "Proof of Service" that the violator was served with

"Notice of Violation" or that the owner of the land or person who is in possession or

control of the land where the violation occurred was served,

Court Order" was properly served, failed to take corrective action as ordered, and failed

to timely "Request a Hearing", the Tribal Court shall issue an Order granting some or all

of the relief requested by the RED.

(d) Action Report. In all cases under this subsection, the RED will prepare

and file with the Tribal Administrator an "Action Report" informing him/her of the

outcome of the case and final disposition.

§ 8311 CIVIL PENALTIES

If the Tribal Court finds a person has violated a Rincon Band Environmental

Ordinance, the Tribal Court shall determine what penalty shall be imposed on the person.

The Tribal Court may apply the following penalties:

(a) A fine ofno less than $100 and no more than $5,000;

(b) A cease and desist order: and/or

period of time; and/or

(d) An order directing the person to pay the costs of any and all remedial

actions taken by the Rincon Band to correct the violation; and/or

(ec) Costs and legal fees to the prevailing party; and/or

Adopted 3/27/07 Amended on 7/10/07; 8/31/08; 8/14/12; 4/29/14,

PAGE 11

Ordinance No, 8.300

Original Enactment Date: March 27, 2007

Subject: Environmental Enforcement

RINCON ENVIRONMENTAL ENFORCEMENT ORDINANCE

Rincon Tribal Code § 8.300

(f) Any and all other relief the Tribal Court determines is necessary and

appropriate.

§8.312 ENFORCEMENT OF TRIBAL COURT ORDER

(a) Failure to Comply with Court Order. Should a person, who has been

found to have violated a Rincon Band Environmental Ordinance Section 8.310 or 8.31 1,

fail or refuse to comply with an Order issued by the Tribal Court, the RED shall seek

enforcement of said Order through any and all legal means available to the RED. All

persons having violated a Rincon Band Environmental Ordinance shall be responsible

for all costs and legal fees incurred in the enforcement of a Tribal Court Order, If the

person who has violated a Rincon Band Environmental Ordinance is a Band Member of

the Rincon Band, his/her gaming per capita distribution payment may be garnished to

satisfy any penalty assessed by Tribal Court, said garnishment being authorized under

Article V, Section 2, B of the "Ordinance Prescribing Allocation and Distribution of

Net Revenue from the Tribal Gaming Activities of the Rincon Band of Luisefio

Indians."

(b) Liability of Third Parties for Violation of Tribal Court Order.

Any person with actual knowledge of a Tribal Court Order issued pursuant to this

Ordinance who engages in activities in violation thereof is subject to the full range

of penalties and relief, both regulatory and judicial, set forth in this Ordinance.

§ 8.313 CONDUCT ON NON-INDIAN LANDS WITHIN THE EXTERNAL

BOUNDARIES OF THE RINCON INDIAN RESERVATION.

(a) Process for Prior Tribal Approval/Determination of Activity.

(D A Person may seek prior approval/determination of conduct under

Section 8,301(b)(4) of this Ordinance by obtaining a determination

by the RED that the proposed conduct falls outside of the exception

set forth in Section 8.301(b)(4). In seeking such a determination, the

Person shall provide any and all information the RED deems

necessary to evaluate the request, including at a minimum:

(A)a detailed description of the activity, and

(B)an independent analysis of possible impacts upon the political

Adopted 3/27/07 Amended on 7/10/07; 8/31/08; 8/14/12; 4/29/14.

PAGE 12

Ordinance No. 8.300

Original Enactment Date: March 27, 2007

Subject: Environmental Enforcement

RINCON ENVIRONMENTAL ENFORCEMENT ORDINANCE

Rincon Tribal Code § 8.300

(2)

integrity, the economic security, and the health and welfare of the

Tribe, and

(C)a proposed plan to adequately protect the Tribe from actual direct

significant impacts upon, or potential catastrophic consequences upon,

the political integrity, the economic security, and the health and

welfare of the Tribe.

No enforcement action shall be taken pursuant to this Ordinance

against any Person which has secured prior approval/determination

pursuant to subsection (a) above by the RED so long as the subject

activity is limited to that stated in the application to the RED

consistent with the proposed plan.

(A)The RED shall only approve such request if, based upon the

information submitted by the applicant, and any and all other

information the RED knows to be relevant to the request, including

additional information acquired on his or her own accord, that the

described conduct, performed in compliance with the proposed plan,

the RED expressly determines that such conduct performed in

compliance with the proposed plan does not have an actual direct

significant impact upon, or potential catastrophic consequences upon

the political integrity, the economic security, or the health and welfare

of the Tribe.

(B)An applicant which has been denied a request for prior

approval/determination pursuant to Section 8.313(a) may appeal such

determination to the Tribal Court.

(b) Enforcement Action for Non-Consensual Activities on Non-Indian Lands.

(1)

The RED may take enforcement action against conduct on non-

Indian land within the external boundaries of the Rincon Reservation

against any Person that:

(A) engages in such conduct in a manner inconsistent with the terms

of any prior approval/determination obtained pursuant to Section

8.313, or

(B) does not have prior approval and engages in conduct that falls

Adopted 3/27/07

Amended on 7/10/07; 8/31/08; 8/14/12; 4/29/14.

PAGE 13

Ordinance No. 8.300

Original Enactment Date: March 27, 2007

Subject: Environmental Enforcement

RINCON ENVIRONMENTAL ENFORCEMENT ORDINANCE

Rincon Tribal Code § 8.300

(2)

within the exceptions set forth in Section 8.301(b)(4).

Prior to taking enforcement action pursuant to this subsection (b), the

RED must make a specific written determination that the conduct

qualifies under the scope of the RED’s enforcement authority as set

forth in Section 8.301, including the facts relied upon and the

rationale for such determination.

(A)The Department shall include such written determination under

Section 8.313(a)(2)(A) within any Notice of Violation issued

pursuant to this Ordinance for conduct occurring on non-Indian

lands located within the Rincon Reservation.

(ii)

(iii)

The Notice of Violation shall include a specific

description of the remedial action that must be

taken.

In the event prior approval action on the subject has

been granted pursuant to Section 8.313(a), such

remedial action shall be limited to only that action

necessary to prevent an actual direct significant

impact upon, or potential catastrophic consequences

upon, the political integrity, the economic security,

or the health and welfare of the Tribe.

In the event prior approval action on the subject has

not been granted pursuant to Section 8.313(a), such

remedial action may include a cease and desist order

regarding all activity on the land until such time that

prior approval is obtained for future action, and in

such event, further remedial action shall be limited

to only that action necessary to prevent an actual

direct significant impact upon, or potential

catastrophic consequences upon, the political

integrity, the economic security, or the health and

welfare of the Tribe.

Adopted 3/27/07

Amended on 7/10/07; 8/31/08; 8/14/12; 4/29/14,

PAGE 14

Ordinance No. 8.300

Original Enactment Date: March 27, 2007

Subject: Environmental Enforcement

RINCON ENVIRONMENTAL ENFORCEMENT ORDINANCE

Rincon Tribal Code § 8.300

(B) If the recipient of a Notice of Violation fails to take the directed

remedial action within the time frame stated in the Notice of

Violation, and the recipient has not otherwise filed a request for

hearing to the Rincon Tribal Court, the RED may seek an Ex Parte

Order of the Rincon Tribal Court, consistent with 8.313(b)(2)(A),

to take any and all such actions necessary to protect the Tribe from

any actual direct significant impact upon, or potential catastrophic

consequences upon, the political integrity, the economic security,

or the health and welfare of the Tribe.

(C)The recipient of the Notice of Violation may challenge the

Notice of Violation pursuant to the provisions of this Ordinance.

§8314 SOVEREIGN IMMUNITY

Nothing in this Ordinance shall be deemed to have waived the Rincon Band's,

its department's, employees, officers, agents or other tribal entities’ sovereign immunity.

§8315 EFFECTIVE DATE

The provisions of this Ordinance shall become effective upon adoption by the

Rincon Business Committee and shall be applicable to all existing and future tribal

environmental ordinances. Enactment of this Ordinance shall supersede all due

process provisions (notice and hearing) and fine provisions of all existing tribal

environmental ordinances.

§ 8316 SEVERABILITY

If any provision of this Ordinance, or its application to any person or

circumstances, is determined invalid, such determination shall not invalidate any other

provisions or applications of this Ordinance and to this end, the provisions of this

Ordinance are severable.

§8317 AMENDMENTS

This Ordinance may be amended from time to time by the Business

Committee.

Adopted 3/27/07 Amended on 7/10/07; 8/31/08; 8/14/12; 4/29/14,

PAGE 15

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.