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5.05.003 - Prohibiting Pollutants in Water

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Prohibiting Pollutants in Water

5.05.003

The General Council of the Torres-Martinez Desert Cahuilla Indian Reservation does hereby ordain as follows:

Section 1.  Finding and Declaration.

The General Council for the Torres-Martinez Desert Cahuilla Indians finds and declares that:

1. It wishes to eliminate all discharges of pollutants into the waters of the Torres-Martinez Indian Reservation.

2. Elimination of all discharges of pollutants into the waters of the Torres-Martinez Desert Cahuilla Indian Reservation is necessary at this time in order to maintain water quality for consumption and other domestic purposes by residences of the reservation.

3. This ordinance is being enacted at this time as an emergency measure to maintain the quality of Reservation waters until such time as the Torres-Martinez General Council can enact a new water ordinance comprehensively regulating water quality and discharge of pollutants on the Reservation.

Section 2.  Definitions.

For the purposes of this ordinance, the following words shall have the following meanings:

A. “Band” shall mean the Torres-Martinez Desert Cahuilla Indians.

B. “Council” shall mean the General Council of the Band.

C. “Person” shall mean any individual, corporation, firm, partnership, joint venture,

social club, estate, trust. the United States, Tribe, State, County, City, District or other

group or combination acting as a unit.

D. “Pollutant” means any substance that will alter the quality of the waters of the

Reservation.

E. “Quality of the water or waters” means any chemical, physical, biological,

bacterio­logical, and other properties and characteristics of water which affect its use.

F. “Reservation” means all land, air, and water located within the exterior boundaries of the Torres-Martinez Desert Cahuilla Indian Reservation.

G. “Water or Waters” means any water, surface or underground located on or running through the Reservation.

Section 3.  Prohibited Discharges.

No person shall discharge any pollutant into the waters of the Reservation.

Section 4.  Civil Penalty.

Any person discharging any pollutant into the waters of the Reservation shall pay a civil fine in an amount not to exceed five thousand dollars ($5,000) for each day in which the violation occurs. The civil fine requires by this section shall be imposed by any court of competent jurisdiction in accordance with Sections 5 and 6 of this ordinance.

Section 5.  Clean-up and Abatement.

Any person that discharges any pollutant into the waters of the Reservation shall immediately, but in any case not less than twenty-four (24) hours from the time of the discharge, notify the Council of said discharge and shall fully disclose to the Council any and all information regarding the discharge, including but not limited to the type of pollutant discharged, the amount of pollutant discharged, the location of the discharge and any other information required by the Council. Any person who discharges any pollutant into the waters of the Reservation shall be liable for all costs associated with or necessary to cleaning up, abate, or remove said pollutants from the waters of the Reservation and restore the quality of the waters of the Reservation to their condition as they existed immediately prior to the discharge.

Section 6.  Court Action and Injunctions.

Upon failure of any person to comply with any of the provisions of this Ordinance, the Council, by and through its attorney, shall petition a court of competent jurisdiction for the issuance of an injunction requiring such person to comply therewith. In any such suit, the court shall have jurisdiction to grant a prohibitory or mandatory injunction, either preliminary or permanent, and to levy such fines in accordance with Section 4 of this ordinance, as the facts may warrant.

Section 7.  Effective Date.

This ordinance shall take effect immediately upon passage.

The foregoing ordinance was passed at a meeting of the General Council held June 14, 1997, by the following vote: 7 “for”; 0 “oppose”; 0 “abstaining; 0 “absent”.

Supplemental Documents:

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