Absentee-Shawnee Tribe of Indians of Oklahoma

Absentee Shawnee Tribe of Indians of Oklahoma Tribal Code
Environmental Protection
Chapter 3. Remedies and Penalties

Section 1. Remedies

In the event a violator fails to take action in accordance with the notice of non-compliance or cessation order served on him, pursuant hereto, the person or agency in charge of enforcement may continue its cessation actions or impoundment of vehicles and equipment; may request the Absentee Shawnee Police Department to serve notice of intent to cancel the lease or mineral agreement, specifying the basis for notice; may request the Absentee Shawnee Tribal Police to proceed as provided in the federal regulations, and to assess penalties as provided by these federal regulations; may assess civil penalties as set forth in Section 2 herein; and may take any other action deemed appropriate utilizing the Tribal Court System.

Absentee Shawnee Environmental Code Section 1, AST ENVIR Code Section 1

Section 2. Civil Penalties

In addition to the penalties provided by federal regulations, the violator shall pay to the Tribe a civil penalty of up to $5,000 per day for each day of such violation or continued violation of an order of non-compliance if such penalties are assessed by the directors of OEP and OEH & E having been designated as responsible for enforcement of this Code. The responsible program in charge of the specified environmental area's enforcement shall serve the violator, in person or by mail, with a notice of assessment of penalties which shall be due and payable to the Tribe within twenty (20) days of this notice. Failure to pay any penalties imposed shall be considered an additional violation of this Code. The penalties so collected, shall be deposited into a tribal fund, hereby designated for clean up and/or remediation of illegal dump sites on tribal allotments, remediation of adverse environmental conditions on tribal lands and/or repair of damages caused by the violator. These activities will be carried out under the supervision of the environmental directors.

Absentee Shawnee Environmental Code Section 2, AST ENVIR Code Section 2