5.03.060 Public Involvement and Enforcement

(a) PUBLIC PARTICIPATION AND HEARINGS

The Environment Division may allow for public participation and hold one (1) or more informal public hearings, for the following matters prior to taking any formal action:

(1) The approval of any site location for a new Management Facility;

(2) The issuance of any permits for the construction and/or operation of a Management Facility; and

(3) Any other matters which the Environment Division deems appropriate for public participation and review.

The Environment Division shall schedule such hearings at a convenient location, and give reasonable advance notice of the date, time and subject matter(s) of such hearing, by publication in the newspaper most widely circulated on the Reservation. Thirty (30) calendar days' advance notice is required for the issuance of any management facility permits. There shall be a reasonable opportunity for anyone to comment at such hearings, and to present any relevant information.

(b) ACTIONS ON PUBLIC COMPLAINTS

If any department of the Saint Regis Mohawk Tribe, including the Environment Division, receives a credible complaint concerning any person, business, Management Facility owner/operator, or Hauler, giving reasonable grounds that this chapter, or any of its rules or regulations, permits conditions, environmental standards, or guidance document, has or is being violated it will forward it to the Tribe's Compliance Department to investigate the matter in accordance with Section 5.03.030(a)(2) of this chapter.

(1) Enforcement Policy: While it is the Tribe's policy to encourage informal, practical, result- oriented resolutions of any environmental occurrence it must still prevent damage to the Reservation's resources or prevent harm to the health, safety or welfare of the Reservation's population. It is also the Tribe's policy, consistent with the principles of due process, to provide effective procedures for enforcement. Therefore, after the Compliance Department has finalized its investigation pursuant to Section 5.03.030(a)(2) of a credible complaint it shall forward its findings to the Environment Division, Tribal Council and General Counsel for review and plans of action.

(2) Corrective Action Plan: After receiving the Compliance Department's report, the Environment Division shall review it. After this initial review, the Environment Division may along with the Compliance Department contact the Tribal Member or Tribal Member business causing the environmental concern to devise a corrective action plan to remedy the situation. Environmental concerns can include, but are not limited to, any solid waste regulation or permit condition.

If the Tribal Member or Tribal Member business agree to a corrective action plan or to cease the offending activity then the Environment Division shall monitor to ensure the corrective action plan is followed or the offending activity is suspended. If the Tribal Member or Tribal Member business fails to follow through on the corrective action plan or cease the activity or refuses to agree to a corrective action plan then the matter shall be referred for further enforcement measures as outlined in Section 5.03.060(c)(3) and Section 5.03.060(d).

If the corrective action plan is followed or the activity is suspended then the Compliance Department shall conduct a follow-up investigation with a report submitted to the Environment Division, Tribal Council and General Counsel. If the environmental concern is resolved to the Compliance Department and Environment Division's satisfaction then the matter shall be closed.

(3) Cease and Desist Order: If efforts under Section 5.03.060(c)(2) fail then the Tribe's Compliance Department shall serve a Cease and Desist Order on the alleged violator. The failure to comply with a Cease and Desist Order shall constitute a violation of this chapter

(d) TRIBAL COURT AND HEARINGS ON VIOLATIONS

Wherever rules are not outlined herein the Saint Regis Mohawk Tribe's Rules of Civil Procedure along with the Rules of Evidence shall govern.

(1) Complaint. If an alleged violator fails to comply with a Cease and Desist Order from Section 5.03.060(c)(3). then the Compliance Department shall request General Counsel to file a complaint in Tribal Court. The complaint shall provide notice to the alleged violator of the violation(s) and any other environmental concerns. The Compliance Department shall provide a Summons and arrange for service upon the alleged violator to appear before the Tribal Court.

(2) Hearings. On the return date, the Environment Division shall present its documentary proof to the Court and/or present witnesses regarding the alleged violation(s). After closing its proof, the alleged violator shall then be given the opportunity to rebut the proof present or the conduct alleged to have happened.

(3) Burden of Proof. After the Environment Division has made its presentation and met its burden of proof based upon the preponderance of the evidence, the burden shall shift to the alleged violator to rebut the evidence and testimony.

(4) Evidentiary Issues. The Tribal Court is free to accept or reject any documentary evidence

(5) Judgment. After hearing all of the testimony, the Court shall issue a written decision to the parties within thirty (30) days of the hearing. If the Court finds in favor of the Environment Division it may issue a civil fine of up to ten thousand ($10,000.00) dollars, except for an Open Dump violation which shall be assessed a fine of five hundred ($500.00) dollars for zero (0) to one (1) ton of Solid Waste and five hundred ($500.00) dollars per ton for any Solid Waste above one (1) ton. In addition to the civil fine the Court can include any cost for the remediation needed to remedy the violation and any other relief provided by law, including the assessment and recovery of civil penalties and clean up and administrative costs associated with the enforcement of this chapter. If the Court determines that the Environment Division failed to meet its burden it shall dismiss the complaint. Any fines collected shall be remitted to the Tribal General Fund and divided between the Compliance Department and Environment Division.

(6) Failure to satisfy Judgment. After issuing a judgment, if it is not satisfied within thirty (30) days then the respondent's name may be transferred to Tribal Council or its designee who may issue a reminder notice to the judgment debtor. Failure to remit payment after receiving such a notice may prompt the Compliance Department to issue a "Delinquency Letter" to the Court with a copy provided to the judgment debtor notifying the Tribal Court the judgment debtor has not yet complied. Once received, the Court Clerk shall issue a "letter of warning" to the judgment debtor. The letter of warning must state that further non-compliance may result in a judgment for contempt of Court and that the enforcement of the judgment may result in measurements such as garnishment of wages and the revocation of tribal licenses. If the judgment is not satisfied within ten (10) days from the date the letter is sent by the Court Clerk, the Compliance Department shall notify the Court. The Court shall set a hearing that must take place no later than ten (10) days from the date of notification by the Compliance Department. At the hearing, the Compliance Department may enter evidence demonstrating that the judgment debtor has not satisfied his/her judgment. The judgment debtor/respondent may appear and offer evidence. After review of the evidence, the Court may enter an enforcement order revoking any Tribal licenses or garnish the judgment debtor's wages. The Tribal licenses and/or Tribal services shall remain suspended until the judgment has been paid and proof of payment has been made to the Court.

(e) APPEALS

(1) Within thirty (30) days of the judgment, a respondent may file an appeal with the Saint Regis Mohawk Tribe Court of Appeals. The appeal shall be limited to the fine and penalty imposed.