5.01.030 Enforcement and Penalties

(a) Notice of Violation

(1) Upon determining that reasonable grounds exist for believing that a person may be causing or contributing to a violation of the annual standard, the short-term standard, or both, the Tribe shall issue a written Notice of Violation to such person.

(2) The Notice of Violation shall specify the standard or standards alleged to have been violated; the date or dates upon which such alleged violation(s) occurred; and the grounds for determining that the recipient of the Notice has caused or contributed to such alleged violation(s).

(3) Except as provided in Section 5.01.040 below (Emergency Abatement Orders), the Notice of Violation shall provide the alleged violator with at least ten (10) business days in which to submit a written response to the Notice.

(4) The Notice shall also state that the alleged violator may request a hearing in the Tribal Court or may waive a hearing and resolve the alleged violation by entering into a voluntary Administrative Consent Order with the Tribe. The recipient of a Notice of Violation must specify in the written response to the Notice whether the recipient requests a Tribal Court hearing or resolution through a voluntary Administrative Consent Order.

(5) Failure to provide a written response to a Notice of Violation within the time period specified in the Notice shall be deemed an admission of the violations alleged in the Notice.

(6) Failure to request either a Tribal Court hearing or resolution through a voluntary Administrative Consent Order within the time period specified in the Notice of Violation shall be deemed a waiver of both and grounds for issuance of a Unilateral Administrative Order as provided for in Section 5.01.030(c).

(b) Administrative Consent Order

(1) Violations of the PCB ambient air quality standards may be resolved through an Administrative Consent Order, which is a written order executed by a person alleged to have violated a standard and the Tribe which resolves the violation by imposing corrective measures, requiring payment of a civil penalty, or both.

(2) In the event that the Tribe and alleged violator fail to agree on the terms of, and execute, an Administrative Consent Order, the alleged violator may request a Tribal Court hearing concerning the alleged violation(s).

(1) In the event that a person issued a Notice of Violation fails to provide a written response to the Notice within the time period specified in the Notice, or fails to request either a Tribal Court hearing or resolution through a voluntary Administrative Consent Order, the Tribe may issue a Unilateral Administrative Order.

(2) A Unilateral Administrative Order shall specify the corrective actions to be taken by the recipient of the Notice of Violation, require payment of a civil penalty, or both.

(3) The terms of a Unilateral Administrative Order shall be enforceable in Tribal Court.

(d) Penalties

(1) Either the Tribal Court, after a finding that a violation has occurred, or the Tribe, in an Administrative Consent Order or Unilateral Administrative Order, may impose a civil penalty for each violation.

(2) For a violation of the annual standard, the civil penalty shall not exceed two hundred fifty thousand dollars ($250,000) for each 12-month period during which the annual standard was violated.

(3) For a violation of the short-term standard, the civil penalty shall not exceed twenty-five thousand dollars ($25,000) for each violation.