Section ENV.06.21 — Remedies

If the Tribal Court finds that there has been a violation of this Ordinance, the Court may issue the following remedies.

(a) Cease and Desist Order. A Cease and Desist Order sets forth the acts or practices that violate the Ordinance and the time by which the violation must be terminated.

(b) Clean-up Order. A Clean-Up Order requires a person to clean up any material that could contaminate groundwater and take actions to remediate groundwater that has been contaminated.

(c) Restraining Order or Injunction. A Temporary Restraining Order, Preliminary Injunction or Permanent Injunction may be issued to prevent any further or continued violation during court proceedings or in the event any person fails to comply with a Cease and Desist Order or a Clean-Up Order, which is not subject to a stay pending review.

(d) Civil Penalties.

(1) Any person who violates the terms of this Ordinance shall be subject to a forfeiture, for each day the violation occurs, as follows:

(A) If the violation is committed with negligence or recklessly, the maximum forfeiture shall be Two-hundred fifty dollars ($250.00) per day.

(B) If the violation is committed knowingly or intentionally, the maximum forfeiture shall be Five-hundred dollars ($500.00) per day.

(C) If two separate offenses under this Ordinance, occur in two separate episodes during a period of two years, the maximum forfeiture for the second offense shall be double the amounts specified above.

(2) Any person who violates a Final Cease and Desist Order or Clean-Up Order shall be subject to a civil penalty of not more than Five hundred dollars ($500.00) per day for each day during which such violation occurs.

(3) These penalties shall in no way limit the Court's ability to use other judicial remedies, such as exercising its contempt power, in response to a violation of this Ordinance.

(e) Alternative Dispositions. The Court shall have the discretion to tailor a disposition that will be the most effective in addressing the defendant's violation, the needs of the Community and any harm resulting from the violation. Such alternative remedies may be issued in addition to those remedies described in this Ordinance.