ORDINANCE
No. 03-2000
HEALTH
AND SANITATION ORDINANCE
The Business Council of the Blue Lake Rancheria, empowered by the Tribal
Constitution to enact ordinances, hereby ordains the following:
§1. Findings and Declarations
The Tribe
finds and declares that -
(a) Public
health and sanitation is intimately tied to the health and welfare
of tribal members, residents and the environment of the Rancheria
and other territory over which the Tribe has jurisdiction, as well
as the economic stability, cultural integrity, and governmental structure
of the Tribe.
(b) The
protection of public health and sanitation is one of the most important
functions of a government.
Therefore,
the Business Council adopts this Ordinance to protect and promote the
political integrity, economic security, health, safety and welfare of
the Tribe, its members, and all persons living on, or passing through,
the Blue Lake Rancheria and to protect and preserve the environment,
lands, culture, religion, and natural resources of the Blue Lake Rancheria.
§2. Definitions
For the
purposes of this ordinance, the following words shall have the following
meanings:
(a) The
term "Business Council" means the Business Council of the Blue
Lake Rancheria.
(b) The
term"cesspool" means a covered pit with open jointed lining
into which sewage or waste is discharged, the liquid portion of which
is disposed 9f by leaching into the surrounding solids
and the solids or sludge being retained in the pit.
(c) The
term "drinking water" means water used for drinking and/or
other residential purposes, including, but not limited to, recreation
and gardening.
(d) The
term "drinking water source" means any public or private source
of water used for drinking water and/or other residential purposes,
including, but not limited to, recreation and gardening.
(e) The
term "on-site sewage disposal system", also known as a septic
system, means a private facility for disposing of sewage located on
the same property where the sewage waste is generate, or on private
property located nearby.
(f) The
term "person" means any individual, corporation, firm, partnership,
joint venture, association, social club, estate, trust, federal, tribal,
state, county, city, or district government, or other political subdivision
thereof, or any other group or combination acting as a unit whether
incorporated or not, including a person acting in fiduciary or representative
capacity.
(g) The
term "Rancheria" means all land, air, and water located within
the exterior boundaries of the Blue Lake Rancheria.
(h) The
term "State" means the State of California or any administrative
agency thereof.
(i) The
term "Tribal EPA" means the Tribal Environmental Protection
Agency of the Blue Lake Rancheria.
(j) The
term "Tribe" means the Blue Lake Rancheria, a federally recognized
tribe.
(k) The
term "violation" means any violation of this Ordinance.
§3. Jurisdiction
(a) The
applicability of this Ordinance shall extend to all persons who commit
a violation of this Ordinance on or within the Rancheria or other
territory over which the Tribe has jurisdiction.
(b) Any
person who enters onto the Rancheria or other territory over which
the Tribe has jurisdiction shall become subject to this Ordinance
and shall be deemed to have consented to the jurisdiction of the Tribe
and to be bound by the lawful enactments of the Tribe.
§4. Dead Animals
(a) Owners
of dead animals shall dispose of the carcasses by burial or burning
on their property, or by any legal disposal in a waste facility designed
to accept such material off the Rancheria or other territory over
which the Tribe has jurisdiction, within twenty-four (24) hours of
the death of the animal.
(b) When
the owner of the dead animal refuses to comply with this section,
such disposal shall be made by the Tribal EPA or other person authorized
by the Business Council.
(1)
The cost of such disposal shall be borne by and assessed against
the owner of the carcass.
(c) Animals
or animal parts that have been properly preserved by tanning, taxidermy,
or other similar technique are exempt from this section.
§5. Drinking Water
(a) The
Tribe hereby adopts the State's drinking water quality standards and
design criteria set out in the California Safe Drinking Water Act
(Cal. Health and Safety Code section 116270, et. seq.) and implementing
regulations, as they may be amended from time to time, as the drinking
water quality standards and design criteria governing public drinking
water systems and small drinking water systems, as defined therein,
located on or within the Rancheria or other territory over which the
Tribe has jurisdiction.
(1)
Any public drinking Water system or small drinking water system
located on or within the Rancheria or other territory over which
the Tribe has jurisdiction shall be controlled by the drinking water
quality standards and design criteria set out in the California
Safe Drinking Water Act (Cal. Health and Safety Code section 116270,
et. Seq.) and implementing regulations, as they may be amended from
time to time.
(b) It
shall be unlawful for any person to pollute any drinking water source
by disposing of garbage, dead animals or other polluting materials
or items in or near the drinking water source.
(c) It
shall be unlawful for any person to pollute any drinking water source
by locating a privy, septic system, or other private sewage disposal
system within fifty (50) feet of said drinking water source
§6. Disposal of Sewage Waste
(a) All
sewage waste generated on or within the Rancheria or other territory
over which the Tribe has jurisdiction shall be disposed of in a safe
and sanitary manner which does not imperil or endanger human health
or the environment of the Rancheria or other territory over which
the Tribe has jurisdiction.
(b) The
Tribe hereby adopts the design criteria and technical guidelines for
on-site sewage disposal systems used to control such systems in Humboldt
County, including the Sewage Disposal Ordinance adopted by Humboldt
County, the Sewage Disposal Regulations adopted by Humboldt County,
and the Policy on the Control of Water Quality with Respect to On-
Site Waste Treatment and Disposal Practices adopted by the California
Regional Water Quality Control Board, as they may be amended from
time to time, as the minimum design criteria and technical guidelines
governing on-site sewage disposal systems located on or within the
Rancheria or other territory over which the Tribe has jurisdiction.
The Tribal EPA is authorized to supplement these design criteria and
technical guidelines with any other measures it deems necessary to
protect human health and the environment of the Rancheria or other
territory over which the Tribe has jurisdiction.
(1)
Any on-site sewage disposal systems located on or within the Rancheria
or other territory over which the Tribe has jurisdiction shall be
in compliance with these design criteria and technical guidelines
plus any other measures added by the Tribal EPA.
(c) The
use of cesspools for on-site sewage disposal is prohibited.
§7. Food Service Establishments
(a) The
Tribe hereby adopts the current version of the Food and Drug Administration's
Food Code, as it may be amended from time to time, as the standards
and procedures governing the health, safety and sanitation of food
handling, preparation and service at any temporary or permanent food
service establishment located on or within the Rancheria or other
territory over which the Tribe has jurisdiction.
(b) Any
temporary or permanent food service establishment located on or within
the Rancheria or other territory over which the Tribe has jurisdiction
shall be controlled by the standards and procedures set out in the
current version of the Food and Drug Administration's Food Code, as
it may be amended from time to time.
§8. Prohibited Activities
No person
shall violate any provision of this Ordinance, any standard adopted
herein, or any rule, regulation, or standard adopted pursuant to this
Ordinance.
§9. Civil Damages and/or Injunctive Actions
In the
event that any person, as a result of his or her actions that constitute
a violation, should proximately cause any physical damage to any other
person(s) residing within, or to any real or personal property situated
in, the Rancheria or other territory over which the Tribe has jurisdiction,
the Tribal EPA or other person authorized by the Tribe, or the person(s)
adversely affected shall have the right to seek monetary and/or injunctive
relief, including the imposition of penalties as set out in section
10, in any judicial forum of competent jurisdiction.
§10. Civil Penalties
Any person
violating any provision of this Ordinance is subject to a civil fine
not to exceed 1,000.00 dollars per violation, depending on the gravity
of the violation and any effects on human health or the environment
resulting from the violation.
§11. No Other Remedies Affected
Nothing
in this Ordinance shall in any way limit an individual's right to pursue,
in any judicial forum of competent jurisdiction, a private action for
damages resulting from actions that would be considered violations of
this Ordinance.
§12. Environmental Protection Fund
(a) All
monies collected or received by the Tribe as a result of violations
of this Ordinance shall be deposited with the Tribe to be credited
to the Environmental Protection Fund.
(b) The
Environmental Protection Fund shall be used for expenses related to
protecting human health and the environment within the Rancheria and
other territory over which the Tribe has jurisdiction, enforcing the
provisions of the various environmental ordinances adopted by the
Tribe, promoting environmental projects, and furthering environmental
education for tribal members and residents of the Rancheria and other
territory over which the Tribe has jurisdiction.
§13. Effect of Ordinance on Other Tribal Ordinances
This Ordinance
supersedes any conflicting or contrary superseding ordinances passed
by the Tribe.
§14. Severability
If any
provision of this Ordinance or the application thereof to any person
or circumstance is held invalid, its in does not affect other provisions
or applications of this Ordinance, and to this end the provisions of
this Ordinance are severable.
§15. Sovereign Immunity
The sovereign
immunity of the Tribe is in no manner waived by this Ordinance or by
any action by the Business Council, the Tribal EPA, or other staff of
the Tribe acting pursuant to this Ordinance.
§16. Amendments
This Ordinance
may be amended at any time by the Business Council.
§17. Effective Date
This ordinance
shall take effect immediately upon passage.
CERTIFICATION
As the
Chairperson of the Business Council for the Blue Lake Rancheria, I hereby
certify that the Business Council adopted this Ordinance at a duly called
meeting at which a quorum was present by a vote of 5 for, with
0 against, with 0 abstaining, with 0 absent, on
this 2nd day of January, 2000.
_______________/s/________________
Claudia Brundin, Chairperson |
__Jan.
2, 2000____
Date |
_______________/s/________________
Melanie Shelanskey, Tribal Secretary |
__Jan.
2, 2000____
Date |
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