Round Valley — 5fa706e6a18867110d8d2838 Prohibiting the Discharge of Any Pollutants into Water

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A Sovereign Nation of Confederated Tribes

LOCATION: ON STATE HWY 162

ONE MILE NORTH OF COVELO

IN ROUND VALLEY

TRIBAL TERRITORY SINCE TIME BEGAN

TRIBAL COUNCIL OFFICE

POST OFFICE BOX 448

COVE LO, CALIFORNIA 95428

PHONE: 707-983-61:26

FAX: 707-983-61:28

ROUND VALLEY RIESIERVATDON IESTAIBUSHIED 1856

ORDINANCE RV= 97 = 01

Of the

ROUND VALLEY INDIAN TRIBES

PROHIBITING THE DISCHARGE OF ANY

POLL UTANT INTO THE vV/-\ TERS OF

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APPROVED: 1\1ay 12 1 1997

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ORINANCE RV - 97 - 01

OF THE ROUND VALLEY INDIAN TRIBES PROHIBITING

THE DISCHARGE OF ANY POLLUTANT INTO THE WATERS

OF THE ROUND VALLEY INDIAN RESERVATION

The Round Valley Ind_ian Tribes does hereby ordain as follows:

Section 1. Findings and Declaration. The Round Valley Tribal Council for

the Round Vglley Indian Tribes finds and declares that:

1. It wishes to eliminate all discharges of pollutants into the

waters of the Round Valley Indian Reservation.

2. Elimination of all discharges of pollutants into the water of the

Round Valley Indian Reservation is necessary at this tune in

order to maintain water quality for consumption and other

dmnestic purposes by residences of the Reservation.

3. This. Ordinance is being enacted at this time as an emergency

measure to maintain the quality of Reservation waters until

such time as the Round Valley Tribal Council can enact a new

water ordinance comprehensively regulating water quality an

the discharge of pollutants on the Reservation.

Section 2. Definitions. For the purpose of this Ordinance, the follo'Vling

words shall have the following meanings:

A.

"Council" shall mean the Tribal council of the Round Valley

Indian Tribes.

B. "Person'' shall mean any individual, corporation, firm,

partnership, joint venture, association, social club, trust, the

United States, Tribes, State, County, City, district or a.Dy o tber

group or combination acting as a unit.

C. "Pollutant" mans any substance that will alter the quality of

the waters of the Reservation.

ORDINANCE RV - 97 - 01

Page 2

D. "Quality of the water or waters" means any chemical, physical,

radiological, and other properties and characteristics of water,

which affect its use.

E. "Reservation" means all land, air, and water, which is located

within the exterior boundaries of the Round Valley Indian

Reservation.

F.

"Water or waters" means any water, surface or underground

located on or running through the Reservation.

Section . 3. Prohibited Discharges. No person shall discharge

pollutant into the waters of the Reservation.

any

Section 4. Civil Penalty. Any person discharging.any pollutant into the

water of the Reservation shall pay a civil fine in the amount not to exceed

five thousand dollars ($5·,000.00) for each day in which the violation

occurs. The civil fine required by this Section shall be imposed by any

court of competent jurisdiction in accordance with Section Sand 6 of this

Ordinance.

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- :I1-tlp--and--Abate-ment:-·-Any person···that-·discharges-·-any ·· -pollutant into the waters of the Reservation shall immediately, but in any

case not less than (24) hours form the time of discharge notify the

Council of the said discharge and shall fully disclose to the Council any

other information required by the Council. Any person who discharges

any pollutant into the waters of the Reservation shall be liable for all cost

associated with or necessary to cleaning up, abate,· or remove said

pollutants from the reservation and restore the quality of the waters of

the Reservation to their condition as they exited immediately prior to the

discharge.

Section 6. Court Action and Injunctions. Upon failure of any person to

comply with any of the Provisions of the ordinance, the Council: by and

through its attorney or authorized person, shall petition a court of

competent jurisdiction for the issuance of an injunction required such

person to therewith. In any such suit, the court shall have jurisdiction to

grant a prohibitory or mandatory injunction, either preliminary or

pennanent, and to levy such fines in accordance with Section 4, of this

Ordinance, as the facts may warrant.

2

ORDINANCE RV - 97 - 01

Page 3

Section 7. Effective Date. This Ordinance shall take effect immediately

upon passage. The foregoing Ordinance was adopted by the Round Valley

Tribal Council at a special meeting duly called and held on May 12,

1997, by the following vote:

AYES:

NAYS:

ABSTENTIONS:

3

0

1

Norman Whipple

President, Round

Council

ATTEST:·

Alberta J. Azbill

Executive Secretary,

Round Valley Tribal Council

3

Valley

Tribal

ORDINANCE RV-97-01

Page 3

Section 7- Emergency Enforcement:

Not,vithstanding any other provisions of this ordinance, the Tribal Council, upon receipt of

evidence that a pollution source or combination of sources is presenting an imminent and

substantial endangerment to the health of persons or to the welfare of persons where such

endangennent is to the livelihood of such persons, may bring suit on behalf of the tribe in any

cou1i of competent jurisdiction to immediately restrain any person causing or contributing to the

aileged pollution to stop the discharge of pollutants causing or contribution to such poilution or

to take such other action as may be necessary.

Section 8- Effective Date:

This ordinance shall take effect immediately upon passage. The foregoing Ordinance was

adopted by the Round Valley Tribal Council at a special meeting duly called and held on May

12, 1997, by the following vote:

AYES

NAYS

ABSTENTIONS:

3

0

1

Norman Whipple

President, Round Valley Tribal Council

ATTEST:

Alberta J. Azbill

Executive Secretary,

Round Valley Tribal Council

Section 7 in original Ordinance read Effective Date, I need to change Section 7 to Emergency

Enforcement and move Effective Date to 8.

CONTINGENCY PLAN IMPLEMENTING EMERGENCY TRIBAL AUTHORITY OVER

TRIBAL WATERS ON THE ROUND VALLEY RESERVATION

I.

Purpose: To qualify for treatment as a state under the Federal Clean Water Act,

Environmental Protection Agency rules require that the tribe exercise emergency

powers comparable to those granted the EPA Administrator under CWA Section 504

(54 Fed. Reg. 14358 {Interim Revision of 40 C.F.R. §35.260 (b)), and have adequate

contingency plans to implement such authority. This plan sets forth a statement of

emergency tribal authority and the tribe's implementing contingency plans.

II.

Emergency Powers: Section 7 of the Round Valley Indian Tribes Ordinance

prohibiting Discharge of Any Pollutant Into the Waters of Reservation Lands

establishes authority in the Tribal Council that is equivalent to that of the power

granted the EPA Administrator under the Clean Water Act. Section 7 provides as

follows:

"SECTION- 7 EMERGENCY ENFORCEMENT

Notwithstanding any other provisions of this ordinance, the Tribal Council, upon

receipt of evidence that a pollution source or combination of sources is

presenting an imminent and substantial endangerment to the health of persons

or to the welfare of persons where such endangerment is to the livelihood of

such persons, may bring suit on behalf of the tribe in any court of competent

jurisdiction to immediately restrain any person causing or contributing to the

alleged pollution to stop the discharge of pollutants causing or contribution to

such pollution or to take such other action as may be necessary."

Ill.

Contingency Plan: Since all lands subject to tribal regulation under the tribe's

Ordinance are trust land, the Tribe may exercise both regulatory authority, and

authority as beneficial owners of the land and resources at issue. Discharge of

prohibited pollutants in or on tribal territory, in addition to violating tribal standards

subjecting a violator to civil penalties, is unlawful and an unauthorized use of tribal

resources and thus may be immediately restrained.

The Tribal Council, upon receipt of evidence that a pollution source or combination

of sources is presenting an imminent and substantial endangerment to the h ea Ith of

persons or to the welfare of persons where such endangerment is to the livelihood

of such persons, by and through its attorney, shall petition a court of competent

;.

jurisdiction for the issuance of an injunction to immediately restrain any person

causing or contributing to the alleged pollution to stop the discharge of pollutants

causing or contribution to such pollution or to take such other action as may be

necessary.

The Tribal Council, by and through its attorney, shall select a judicial forum in which to petition

for injunctive relief according to the following priorities:

1. The forum's jurisdiction over all parties to dispute is certain.

2. A clear and definite mechanism is available to enforce the court's orders protecting the

water resource.

3. Tribal law will be applied.

CERTIFICATION

The foregoing Contingency Plan was passed at a Tribal Council meeting held on _____ by

the following:

Vote:____ For____ Against____ Abstain_____

Kenneth Wright, Tribal Chairman

ATTEST:

Executive Secretary

CLEAN WATER ACT §504

EMERGENCY POVVERS

CWA§ 504: "Notwithstanding any other provisions of this Act, the Administrator upon receipt of

evidence that a pollution source or combination of sources is presenting an imminent and substantial

endangerment to the health of persons or to the welfare of persons where such endangerment is to

the livelihood of such persons, such as the inability to market shellfish, may bring suit on behalf of the

United States in the appropriate district court to immediately restrain any person causing or

. . . . coritributJng10.the.aUeged.po.llution.to-stopthe-discharge-o.f-pollutants-0aus-ing-or-c:ontribt1tingtosuch···

pollution or to take other such actions as may be necessary."