12-05-86
FINAL
REGULATIONS
FOR THE
AQUATIC LANDS CONSERVATION ORDINANCE
OF THE CONFEDERATED SALISH AND KOOTENAI TRIBES
(December 5, 1986)
TABLE OF CONTENTS
Page
PART I. GENERAL PROVISIONS
Section 1.1 Authority ............................ 1
Section 1.2 Severability ......................... 1
Section 1.3 Other Law............................. 1
Section 1.4 Definitions........................... 1 - 4
PART II. PERMIT ADMINISTRATION
Section 2.1 Application Procedures................ 5 - 6
Section 2.2 Application Review.................... 6 - 7
Section 2.3 Public Hearings....................... 8
PART III. PROJECT REVIEW CRITERIA
Section 3.1 Preliminary Review.................... 8 - 9
Section 3.2 Record Maintenance.................... 9
Section 3.3 Exempted Activities................... 9
Section 3.4 Standard of Review.................... 9
Section 3.5 Impacts Upon Fish, Wildlife and Plants 10
Section 3.6 Construction Activities
(a) General Requirements............10 - 12
(b) Specific Requirements...........12 - 15
Section 3.7 Variances............................. 15
Section 3.8 Supplemental Review Criteria.........15 - 16
PART IV. EMERGENCY SITUATIONS
Section 4.1 Emergency............................. 16
Section 4.2 Notification of Emergency Action.....16 - 17
Section 4.3 Review of Emergency Action...........17 - 18
PART V. ENFORCEMENT
Section 5.1 Violations............................ 18
Section 5.2 Notice of Non-Compliance.............18 - 19
Section 5.3 Answer...............................19 - 20
Section 5.4 Contested Cases......................20 - 21
Section 5.5 Penalties............................ 21
Section 5.6 Actions to Enforce................... 21
Section 5.7 Revocation of Permit and Restoration of
Permit Area..........................21 - 22
Section 5.8 Failure to Comply with and Order to Remove 22
Section 5.9 Fines................................. 22
PROPOSED
REGULATIONS FOR
AQUATIC LANDS CONSERVATION ORDINANCE
PART I.
GENERAL PROVISIONS
Section 1.1 Authority
These regulations are adopted under authority of Ordinance
87A of the Confederated Salish and Kootenai Tribes, the Aquatic Lands
Conservation Ordinance.
Section 1.2 Severability.
If any word, phrase, clause, sentence, paragraph, section,
or other part of these regulations is held invalid by the Tribal Court
of the Confederated Salish and Kootenai Tribes, such judgment shall
affect only that portion held invalid.
Section 1.3 Other Law.
These regulations in no manner supersede or negate the necessity
of obtaining other permits as may be required by federal or Tribal
agencies with jurisdiction over a project. Where any provision of
these regulations imposes more stringent regulations, requirements or
limitations than imposed or required by any other applicable
regulation, resolution, ordinance or statute, these regulations shall
govern.
Section 1.4 Definitions.
a. "Adjacent" means bordering, contiguous or neighboring.
Wetlands separated from other Reservation waters by man-made
dikes or barriers, natural river berms and the like are
"adjacent wetlands."
b. "Administrator" means the chief executive officer of the
Shoreline Protection Office of the Confederated Salish and
Kootenai Tribes.
c. "Aquatic environment" means Reservation waters, aquatic lands,
wetlands, and fish, wildlife and plant life existent in or
dependent upon such lands and waters.
d. "Aquatic lands" means all land below the mean annual high water
mark of a Reservation water body.
e. "Board" means the Shoreline Protection Board of the
Confederated Salish and Kootenai Tribes.
f. "Discharge of dredged material" means any addition or placement
of dredged materials into Reservation waters or on aquatic
lands whether through direct placement, or by secondary means
such as run-off, slumping or overflow from a disposal site.
g. "Discharge of fill material" means any addition or placement of
fill materials into Reservation waters or onto aquatic lands.
h. "Dredged material" means material that is excavated, displaced,
or removed from aquatic lands.
i. "Fill material" means any material used for the purpose of
replacing Reservation waters with dry land or dredged material.
j. "Mean annual high water mark" means that line on the shore of
Reservation waters established by the fluctuations of water and
indicated by physical characteristics such as a clear,
naturally occurring line impressed on the bank; shelving
changes in the character of soil; paucity or lack of
terrestrial vegetation; or the presence of water borne litter
or debris.
k. "Mitigate" or "Mitigation" includes: (a) precluding the impact
altogether by not taking a certain action or parts of an
action, (b) minimizing impacts by limiting the degree or
magnitude of the action and its implementation, (c) rectifying
the impact by repairing, rehabilitating, or restoring the
impacted environment, (d) reducing or eliminating the impact
over time by preservation and maintenance operations during the
life of the action, (e) compensating for the impact by
replacing or providing substitute resources or environments.
l. "Office" means the Shoreline Protection Office of the
Confederated Salish and Kootenai Tribes.
m. "Person" means any individual, partnership, association,
corporation, and any other entity composed of individuals, and
governmental entities.
n. "Project" means a physical alteration of aquatic lands,
wetlands, or Reservation waters, not otherwise exempted by this
Ordinance or implementing regulations, which has the potential
to cause a material change in the condition of such lands or
water in contravention of the policy of this Ordinance, and
includes but is not limited to dredging, filling, unregulated
access detrimental to aquatic lands, irrigation diversions and
returns, drainage ditches, and construction on aquatic lands,
and furthermore, includes maintenance or repair involving any
of the above activities.
o. "Reservation waters" means:
1) all naturally occurring bodies of water within the exterior
boundaries of the Reservation regardless of alteration by
man, including but not limited to lakes, rivers, streams
(including intermittent streams), mudflats, wetlands,
sloughs, potholes and ponds from which fish and wildlife
are or could be taken, but does not include wholely manmade
water bodies.
2) tributaries of waters identified in subpart (1) above;
3) wetlands adjacent to Reservation waters.
p. "Responsible person" means any person who undertakes a project
or causes a project to be undertaken on aquatic lands.
q. "Tribal Council" means the duly elected governing body of the
Confederated Salish and Kootenai Tribes of the Flathead
Reservation, Montana.
r. "Wetlands" means those areas that are inundated or saturated by
surface or groundwater at a frequency and duration sufficient
to support, and that under normal circumstances do support, a
prevalence of vegetation typically adapted for life in
saturated soil conditions. Wetlands generally include but are
not limited to swamps, marshes, bogs and similar areas.
PART II
PERMIT ADMINISTRATION
Section 2.1 Application Procedures.
(a) The responsible person for a project shall submit a written
application and plan for a proposed project to the Office on
a form provided by the Office. Such plan shall contain, at
a minimum, the following information:
(1) Name, address and telephone number of the applicant;
(2) A location map for the proposed project;
(3) A specific description of the proposed project,
including:
(A) need for the proposed project;
(B) types and extent of construction activities
involved;
(C) types, quantity, and source of construction
materials to be utilized;
(D) a description of the types of vehicles and
construction equipment to be used in construction
of the project;
(E) methods of ingress and egress to the proposed
project and frequency of crossing or entry into
Reservation waters and aquatic lands;
(F) a time frame for initiation and completion of the
project and any seasonal constraints imposed upon
construction; and
(G) plans to minimize or preclude adverse
environmental impacts from the proposed project in
conformity with these regulations.
The Administrator may request of the applicant any
additional information necessary to clarify or evaluate information
contained in an application. In the event that additional information
is requested from the responsible person, the time constraints
specified in this Part shall not commence until such time as the
responsible person submits the requested information in writing to the
Office.
(b) An application fee of twenty five dollars (25 dollars) will
be charged upon submission to the Administrator of a
completed application.
Section 2.2 Application Review
(a) The Administrator shall review an application for a project,
conduct the necessary research, investigation, and
consultation to satisfy the requirements of these
regulations, and elicit additional technical assistance to
aid his review.
The applicant may participate in study and investigation of an
application.
(b) The Administrator shall review an application within
fourteen (14) days of receipt of such proposal and shall
determine if the proposed activity constitutes a project
pursuant to guidelines contained in these regulations.
(c) (1) If the Administrator determines that the proposal is
not a project, the Administrator shall send a written
finding of "no project" to the applicant within
fourteen (14) days of receipt of an application.
(2) Should the applicant, upon receipt of a written finding
of "no project," commence implementation and
subsequently determine that the activity will require a
change from the original proposal submitted to the
Office he shall stop work and immediately submit an
amended application. An amended application shall be
processed as a new application.
(d) If the Administrator does not make a finding of "no project"
he shall bring the application, together with all comments
from scientific and technical staff with expertise in the
matters involved, before the Board at the next regularly
scheduled Board meeting, or if the circumstances so merit,
may request a special meeting of the Board. Within thirty
(30) days of submission of a complete application and
supporting scientific and technical information to the Board
for review by the Administrator, the Board may either
approve, disapprove, or approve with modification or
alternatives, an application. The Board shall either issue
a permit or state its reasons for denial of a permit in
writing to the applicant.
(e) The Board may, upon written notice to an applicant, extend
the time limitations contained in this Section for an
additional forty five (45) days upon a determination that
the time provided is insufficient to carry out consultation
and technical review of an application.
(f) No work on a project may commence unless the Board has
issued a permit for the project.
Section 2.3 Public Hearings.
(a) The Board may direct the Administrator to conduct a public
hearing for the purpose of soliciting comment relative to an
application that has the potential to cause substantial
adverse impacts to the aquatic environment or if the
application is for a project that has the potential to
adversely affect the public or if the application is for a
project without precedent.
(b) If the Board finds that a public hearing is necessary it
will direct the Administrator to conduct a hearing. The
Administrator shall then cause a public notice to be
published in at least two newspapers of general circulation
within the Reservation once a week for two weeks prior to
the hearing. At the hearing the Administrator shall explain
the application. Any member of the public may present oral
or written comment at the hearing. Comments shall be
compiled by the Administrator for review by the Board at the
next scheduled Board meeting.
(c) If a public hearing is called, time frames for review of an
application contained in the Ordinance and these regulations
shall be held in abeyance from the date the Board calls for
such hearing until such time as the Board is presented with
the compilation of public comments.
PART III.
PROJECT REVIEW CRITERIA
Section 3.1 Preliminary Review.
The Administrator shall initially review proposals for projects
for satisfactory compliance with the term and conditions of these
regulations. Should the Administrator determine that the application
is deficient or in need of further information, he shall then notify
the responsible person of such deficiencies in writing, and inform him
or her of the additional information that will be necessary to bring
the application into compliance.
Section 3.2 Record Maintenance.
The Administrator shall maintain a record of all correspondence,
consultation, conferences, scientific and technical findings, and
Board meetings relative to each application.
Section 3.3 Exempted Activities.
The following activities, when conducted in such a manner as to
minimize or preclude adversely impacting the natural or existent
condition of Reservation waters and aquatic lands, shall not
constitute a project for which a permit is required.
(a) Regular operation and maintenance of an existing project
that involves no pollutants, toxins, dredging, filling,
excavation or other similar agents or activities.
(b) Environmentally sound agricultural practices of cropping,
cultivation or grazing.
Section 3.4. Standard of Review.
The Board shall deny a permit if it finds, after consideration of
applicable mitigation measures, that a proposed project fails to
minimize or preclude potential adverse impacts to the aquatic
environment.
Section 3.5 Impacts Upon Fish, Wildlife and Plants.
The following list of considerations shall be evaluated by the
Administrator, in consultation with scientific and technical staff, in
determining if an application constitutes a project and by the Board
in determining whether to disapprove, approve, or approve with
modifications or alternatives, an application brought before it. Such
evaluation will address the immediate impacts, reasonably foreseeable
long-term impacts, and cumulative impacts of the proposed project on:
(1) fish, wildlife, and plant life of any dredge or
fill activities on aquatic lands;
(2) fish, wildlife, and plant life of construction
upon aquatic lands;
(3) changes to, or creation of, flow patterns,
currents, turbidity, and volume of Reservation
waters resulting from construction of the proposed
project; and
(4) disruptions of life cycles, seasonal uses, and
populations of fish, wildlife, and plant life
existent on or in or dependent upon aquatic lands.
Section 3.6 Construction Activities.
(a) General Requirements. The following list of considerations
will be evaluated by the Administrator, in consultation with
scientific and technical staff, in determining if an
application constitutes a project and by the Board in
determining whether to disapprove, approve, or approve with
modifications or alterations, an application brought before
it. Such evaluation will address the immediate impacts, any
reasonably foreseeable long-term impacts, and cumulative
impacts, as follows:
(1) the proposed project will be designed and constructed
in such a manner as to provide for the smallest, least
obtrusive structure that will satisfy the stated need
for the project;
(2) all construction activities shall be accomplished in
such a manner as to minimize or preclude adverse
impacts on the human and natural environment;
(3) if the application is for a permanent structure it
shall be designed and constructed in such a manner as
to assure permanence;
(4) the project will pass reasonably anticipated water
flows, currents, or fluctuations in surface elevation
without creating erosional situations upstream,
downstream or on the project location;
(5) the project will minimize or preclude adverse impacts
upon fish, wildlife and plants existent in or dependent
upon Reservation waters and aquatic lands;
(6) the project will minimize or preclude adverse impacts
of turbidity or other water quality problems; and
(7) the project will be constructed in such a manner as to
minimize or preclude use of gravels and other materials
constituting aquatic lands as construction or fill
material, and further, that such materials are to the
extent possible left in an undisturbed condition during
the coarse of construction and during the life of the
project.
(b) Specific Requirements. In furtherance of concerns and
considerations discussed in Subsection (a) above, the
following list of construction regulations will apply:
(1) wetlands shall not be filled, dredged, drained or
otherwise impacted unless no feasible alternative
exists and such action, after consideration of all
relevant factors, is necessary for the completion of a
project that has been determined by the Board to
satisfy all other requirements of these regulations;
(2) no construction equipment shall be operated below the
existing water surface without specific authorization
contained in a permit;
(3) all temporary methods of ingress and egress, crossings,
bridge supports, cofferdams, culverts or other
structures that will be needed during the period of
construction shall be designed to satisfactorly pass
and withstand high water conditions and to minimize or
preclude siltation, turbidity and the introduction or
reactivation of pollutants or toxic substances into
Reservation waters. All such temporary structures
shall be removed upon conclusion of construction and
the affected areas shall be restored to their
pre-construction condition, subject to any conditions
placed upon restoration during the permitting process;
(4) all technically feasible steps shall be taken to
minimize or preclude removal, relocation, siltation or
other adverse impacts to aquatic lands;
(5) heavy equipment used in construction of projects or
portions thereof, when occurring in or on wetlands,
shall be placed on industrial strength mats to minimize
or preclude adverse impacts to such wetlands if
required by the terms of a permit;
(6) construction of roads, bridges, culverts, and similar
methods of crossing or channelling Reservation waters
and aquatic lands, shall be designed and constructed in
such a manner as to allow free and unrestricted passage
of flowing waters and to accommodate and interfere to
the least degree technically possible with any current
or bed load patterns or erosional and depositional
characteristics of Reservation waters at or near the
project location. Such structures will be designed and
constructed so as to cause the least change in sediment
load and turbidity of Reservation waters and to
minimize or preclude adverse impacts to aquatic lands;
(7) riprap of banks and shorelines will be allowed upon a
showing of no or minimal adverse impact to riparian
lands, aquatic lands, and Reservation waters due to
changes in velocity, sediment load, current and wave
pattern or channel readjustment, and then only as a
last alternative solution to resolve the matter the
proposed project has been formulated to address.
(8) diversions to obtain water for agricultural purposes
shall be designed and constructed in such a manner as
to minimize or preclude adverse impacts to aquatic
lands. Furthermore, diversions shall be constructed in
such a manner as to minimize or preclude loss of fish
from the source waters. Diversions may involve,
depending upon technical feasibility, screening of open
diversions, construction of a return flow structure of
sufficient quality to provide an avenue for fish that
enter an open diversion to return to the source water
in a healthy condition, or pumping in lieu of open
diversion.
(9) use of explosives on or near Reservation waters or
aquatic lands shall be evaluated on a case by case
basis and shall take into account alternatives to
blasting, the impact upon resident fish, wildlife or
plants, and any special seasonal requirements such as
spawning or nesting;
(10) creation of impoundments may be permitted if the
impacts to flora and fauna, Reservation waters and
aquatic lands is otherwise acceptable under these
regulations and such impoundment is the only
technically feasible method to achieve the purposes of
the project;
(11) scientific devices such as staff guages, recording
devices and fish weirs will necessitate application to
the Office prior to commencing placement;
(12) pipelines and other similar structures either buried
or place above ground shall be constructed in such a
manner as to preclude the potential for leakage of the
transported substance into or on Reservation waters
and aquatic lands and shall be built to incorporate
the highest degree of technologically available safety
and environmental standards;
(13) power lines, utility lines, guy lines and similar
structures shall be located as to incorporate the most
direct and fewest number of crossings over or under
Reservation waters and aquatic lands so as to minimize
or preclude interference or other disturbance or
destruction of fly-ways for avian species and to
minimize or preclude the potential for adverse impacts
upon the natural, scenic, and esthetic values of
Reservation waters and aquatic lands;
(14) docks, weirs, breakwaters, jetties and similar
structures not otherwise subject to regulation under
Ordinance 64A (Revised) of the Confederated Salish and
Kootenai Tribes, the Shoreline Protection Ordinance,
shall be constructed in such a manner as to minimize
or preclude interference with navigation, fish,
wildlife and plant life cycles and habitat, natural
and scenic values, existent water flow patterns and
sediment loads, public health, and property interests.
Section 3.7 Variances.
The Board may grant variances from these regulations upon
the motion of the Application when it is presented with clear and
convincing evidence that due to unusual circumstances a strict
enforcement of these regulations would result in undue hardship and
the Board determines that no reasonable alternatives exist to meet the
standards herein.
Section 3.8 Supplemental Review Criteria.
The Administrator or the Board may, in furtherance of review of
an application, utilize project criteria contained in either the
Technical Guide for Statewide Standards and Specifications of the Soil
Conservation Service or Fact Sheets of the Army Corps of Engineers
that outline compliance with the Clean Water Act and related federal
law.
PART IV
EMERGENCY SITUATIONS
Section 4.1 Emergency.
The provisions of this Part apply to emergency situations,
which are defined as an unforeseeable circumstances not of the
responsible person's making or cause that poses an immediate and
substantial endangerment to life or property of the person and in
response to which the person undertakes an action otherwise subject to
these regulations and Ordinance 87A on aquatic lands without a permit.
Section 4.2 Notification of Emergency Action.
A person who engages in an activity otherwise subject to the
permitting requirements of these regulations under a claim of
emergency without first obtaining a permit shall notify the Office in
writing within 10 days of such undertaking. The notification shall
include the following information:
(1) name, address and telephone number of the responsible
person;
(2) a map showing the location of the action taken;
(3) the circumstances that precipitated the emergency
action;
(4) a description of the action taken, including type of
action, materials used, size of action, and affected
lands and waters;
(5) the responsible person's determination of whether or
not the action taken will constitute a permanent
solution; and
(6) an application for a project if the responsible person
deems further work is necessary to either permanently
resolve the problem or stabilize the action taken under
this Part.
Section 4.3 Review of Emergency Action.
Upon receipt of a notice of emergency action the Administrator
shall conduct an on-site investigation of claimed emergency action and
compile a written report within ten (10) days from the date of such
inspection. Such report will include the following information, and
any additional information deemed necessary by the Administrator;
(1) a finding of whether or not an emergency situation
existed at the time the action was taken, supported by
relevant facts and evidence;
(2) a finding of whether or not the action engaged in under
a claim of emergency would constitute a project;
(3) if the action constitutes both an emergency and a
project and a permanent solution is feasible, recommend
that the responsible person put the solution into
effect within a specified reasonable amount of time
pursuant to a duly issued permit. Failure of the
responsible person to put the solution into effect is
not a violation of this Part unless a similar
subsequent emergency action results from such failure
to act;
(4) if the action taken is determined to constitute a
project and there is a finding made of no emergency,
the Administrator shall issue a Notice of
Non-Compliance for a project in non-compliance with
Ordinance 87A.
PART V
ENFORCEMENT
Section 5.1 Violations.
The following actions shall constitute an act of non-compliance
with these regulations and Ordinance 87A:
(1) commencement or initiation of a project without the
responsible person first obtaining a permit; or
(2) continuation of work on an unpermitted project by any
person; or
(3) failure to comply with the terms or conditions of a
permit; orf
(4) failure to comply with the terms and conditions of
Ordinance 87A and these regulations; or
(5) failure to comply with orders of the Board. Section
5.2 Notice of Non-compliance.
(a) When the Administrator has reason to believe that a
violation of Ordinance 87A, these regulations, or any permit
or order issued pursuant thereto has occurred, he shall
issue a Notice of Non-Compliance. A Notice of
Non-Compliance shall serve
(b) A Notice of Non-compliance shall advise the person to whom
issued of the following information:
(1) there may exist an opportunity to cure alleged acts of
non-compliance, and if so, the method and time for cure;
(2) that an Answer to the Notice must be made in writing
and received by the Office within fifteen days of
receipt of a Notice;
(3) the consequences of failing to Answer;
(4) the nature of each alleged violation;
(5) the type and amount of any fine or penalty that may be
assessed for each alleged violation; and
(6) the date and place at which a hearing on each alleged
violation will be held, if not cured, which shall not
be less than thirty (30) days nor more than sixty (60)
days after the date of issuance of a Notice.
(c) A Notice of Non-Compliance shall be served either personally
or by registered or certified mail.
Section 5.3 Answer.
(a) A person to whom a Notice of Non-Compliance has been issued
shall answer within fifteen (15) days of the date of receipt
of the Notice of Non-Compliance. Answer shall be made by
mail and may be accompanied by a personal appearance before
the Board or its designated agent.
(b) An Answer shall either admit or deny the violation, raise
all affirmative defenses, and state whether or not the
person in non-compliance will undertake curative measures,
if any, specified in the Notice of Non-Compliance.
(c) If an Answer states that a person will undertake curative
measures that may be specified in the Notice, the hearing
scheduled in the Notice may be held in abeyance for a
reasonable amount of time to enable the curative measures to
be completed. If curative measures are completed in a
reasonable amount of time and to the satisfaction of the
Administrator the hearing may be cancelled at the discretion
of the Administrator. Satisfactory completion of curative
measures does not obviate imposition of other fines or
penalties if a reasonable basis exists for their imposition.
Section 5.4 Contested Cases.
(a) A hearing for the resolution of a contested case shall be
held pursuant to the procedures contained in Ordinance 86A
of the Confederated Salish and Kootenai Tribes, the Tribal
Administrative Procedures Ordinance (hereafter called
"TAPO"). As applied to this Ordinance the "chief executive
officer" referenced in PART VI Section 23 of TAPO shall be
the Board.
(b) The provisions of TAPO shall provide the procedures for
administrative and judicial review of all contested cases
arising under this Ordinance.
(c) If a contested case involves a significant public interest
the Board may, on its own motion, solicit public comment.
The Board may condition or limit public comment as is
necessary for prudent administration of these regulations.
In the event that the Board determines public input is
necessary it may toll any time frames contained in these
regulations for the duration of the public comment period.
Section 5.5 Penalties.
Upon a finding that the person served with a Notice of
Non-Compliance has committed a violation of Ordinance 87A, these
regulations, a condition of a permit, or an order of the Board, any or
all of the following penalties may be assessed and ordered:
(1) revocation of an applicable permit
(2) removal of the project and restoration of the
underlying property;
(3) imposition of a monetary fine;
(4) prescription of remedial measures.
Section 5.6 Actions to Enforce.
The Administrator may institute in Tribal Court, under the
procedures there applicable, a civil action to collect against any
person who has been ordered to pay a penalty or perform remedial
measures pursuant to these regulations and who has not appealed such
decision or who has not paid an assessed fee, cost, or penalty.
Section 5.7 Revocation of Permit and Restoration of Permit Area.
(a) In addition to revocation of a permit the responsible person
may be ordered to remove a project and to restore the area
surrounding and underlying the project.
(b) Removal of a project and restoration of the surrounding area
must be accomplished within sixty (60) days of of an order
directing such action, except that the Board or Court may,
on its own initiative, or upon application of the
responsible person, delay the removal and restoration for up
to twelve months if it is determined that such delay would
reduce the likelihood of environmental damage resulting from
such removal and restoration.
Section 5.8 Failure to Comply With an Order to Remove.
(a) In the event that a person responsible for a project fails
to comply with an order directing removal and restoration,
the Board, after the lapse of a sixty-day grace period, may
undertake the removal of the project and restoration of the
underlying property on its own initiative, and may assess
the responsible person for the costs of such work.
(b) The Administrator must notify the responsible person by mail
at least five (5) days in advance of the planned enforcement
action that it plans to remove the project and perform any
necessary restoration.
Section 5.9 Fines.
(a) Any person responsible for a project constructed or
maintained contrary to the provisions of Ordinance 87A,
these regulations, or the terms of a permit shall be subject
to a penalty of not less than twenty-five dollars ($25) or
more than five hundred dollars ($500) for each act of
non-compliance.
(b) Each day during which an act of non-compliance shall
continue shall be considered a separate violation of these
regulations and of Ordinance 87A.
(c) Nothing in these regulations will be interested to deny the
use of other civil remedies available under Tribal or
federal law.
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