Section ENV.04.36 — Civil Penalties

(a) Any person who violates any provision of any permit issued under this Article or any final cease and desist order or clean-up order shall be subject to a civil penalty of not more than five hundred dollars ($500 ) per day for each day during which such violation occurs.

(b) Upon application of any of the Division, penalties shall be determined after a hearing as to the amount thereof and may be collected by the Tribe by action instituted in Tribal Court by the Tribal Attorney for collection of such penalty. A stay of any order of the Tribe pending judicial review shall not relieve any person from any liability under subsection (a) of this Section, but the reason for the request for judicial review shall be considered in the determination of the amount of the Penalty.

(c) Any person who discharges any pollutant into any reservation waters commits a violation of this ordinance if such discharge is made:

(1) In violation of any permit issued under this Article; or

(2) In violation of any cease and desist order or clean-up order issued by the Tribe (or its appropriate agency) which is final and not stayed by court orders; or

(3) Without a permit, if a permit is required by the provisions of this Article for such discharge, unless there is then pending an application for such a permit; or

(4) In violation of any applicable control regulation, unless a permit has been issued therefore or unless there is then pending an application for such a permit.

(d) Prosecution under paragraphs (1) through (4) of subsection (c) of this Section shall be commenced only upon complaint filed by the Tribe.

(e) Any person who commits criminal pollution of reservation waters shall be fined, for each day the violation occurs, as follows:

(1) If the violation is committed with criminal negligence or recklessly, the maximum fine shall be one hundred fifty dollars ($150).

(2) If the violation is committed knowingly or intentionally, the maximum fine shall be two hundred dollars ($200).

(3) If two separate offenses under this Article occur in two separate episodes during a period of two years, the maximum fine for the second offense shall be double the amounts specified in paragraphs (1) and (2) of this subsection.