Approved Ordinances for the Te-Moak Tribe of Western Shoshone, Water Pollution

THE SOUTH FORK BAND INDIAN RESERVATION, WATER POLLUTION ORDINANCE, PROHIBITING THE DISCHARGE OF ANY POLLUTANT IN TO THE WATERS OF THE SOUTH FORK RESERVATION

Ordinance

Section 1. Findings and Declaration

The Te-Moak Tribal Council for the South Fork Band of Te-Moak Western Shoshone finds and declares that:

1 . It wishes to eliminate all discharges of pollutants into the waters of the South Fork Reservation.

2. Elimination of all discharges of pollutants into the waters of the South Fork 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 Te-Moak Tribal Council can enact a new water ordinance comprehensively regulating water quality and the discharge of pollutants on the South Fork Reservation.

Section 2. Definitions

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

A. "Band" shall mean the South Fork Band Council.
B. "Council" shall mean the Te-Moak Tribal Council of Western Shoshone Indians of Nevada.
C. "Person" shall mean any individual, corporation, firm, partnership, joint venture, association, social club, estate, trust, the Tribe, County, State, the United States, district or other political subdivision of any state, or any other group or combination acting as a unit.
D. "Pollutant" shall mean any substance that will alter the quality of the waters of the Reservation.
E. "Quality of the waters or water" shall mean any chemical physical, biological, bacteriological, radiological and other properties and characteristics of water which effect its use.
F. "Reservation" shall mean all land, air and water located within the exterior boundaries of the South Fork Reservation.
G. "Water or waters" shall mean 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 the amount not to exceed five thousand dollars ($5,000.00) for each day in which the violation occurs. The civil fine required 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 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 Band. 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 removal of 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 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.

Section 8. Supersede

Upon acceptance by the Te-Moak Tribal Council this ordinance shall supersede any other ordinance enacted before this date pertaining to the South Fork Indian Reservation clean water.

CERTIFICATION

I, the undersigned, as Chairperson of the Tribal Council of the Te-Moak Tribe of Western Shoshone Indians of Nevada, do hereby certify, that the Te-Moak Tribal Council is composed of 10 members, of whom 6 constituting a quorum were present at a duly held meeting on the 26th day of June, 1998 and that the foregoing Ordinance was duly enacted at such meeting by the affirmative vote of 6 FOR, 0 AGAINST 0 ABSTAIN, pursuant to the authority contained under Article 4, Section 3 (j) and (n) of the Constitution of the Te-Moak Tribe of Western Shoshone Indians of Nevada.

/s/
Elwood Mose, Chairman
Te-Moak Tribal Council

ORDINANCE OF THE GOVERNING BODY OF THE TE-MOAK TRIBE OF WESTERN SHOSHONE INDIANS OF NEVADA

[ORDINANCE NO.] 98-ORD-TM-O1

THIS ORDINANCE UPON APPROVAL SHALL BE KNOWN AS THE SOUTH FORK BAND INDIAN RESERVATION, WATER POLLUTION ORDINANCE, PROHIBITING THE DISCHARGE OF ANY POLLUTANT IN TO THE WATERS OF THE SOUTH FORK RESERVATION, THE SOUTH FORK BAND IS A CONSTITUENT BAND OF THE TE-MOAK TRIBE OF WESTERN SHOSHONE INDIANS OF NEVADA.

BE IT ENACTED BY THE TRIBAL COUNCIL OF THE TE-MOAK TRIBE OF WESTERN SHOSHONE INDIANS OF NEVADA THAT:

This Ordinance is adopted to eliminate all discharges of pollutants into the waters of the South Fork Reservation and within all outside boundaries that are related to the South Fork Reservation water resources. This Ordinance shall be effective upon approval of the Te-Moak Tribal Council, In accordance with Article 4, Section 3 (d) and (n) of the Constitution of the Te-Moak Tribe of Western Shoshone Indians of Nevada, approved as amended on August 26, 1982, as amended by the Act of June 15, 1935 (49 Stat. 378) and Article 2 of the Constitution of the Te-Moak Tribe. That this Ordinance to be known as the South Fork Water Pollution Ordinance.

This Ordinance shall only pertain to the South Fork Indian Reservation.

The Te-Moak Tribal Council for the South Fork Reservation does hereby ordain as follows: