Torres Martinez Desert Cahuilla Indian Tribe, Tribal Code
Last amended: 1999
An Ordinance of the General Council of the Torres Martinez Desert Cahuilla Indians Prohibiting the Discharge of any Pollutant into the Waters of Indian Reservation
ORDINANCE NO. TMORD-002-97
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" 1 "oppose" 0 "abstaining" 0 "absent"
COUNCIL MEETING
June 14, 1997
Due to no quorum present the General Meeting was canceled at 10:30 a.m.
The Chairman Art Lopez called a Council Meeting, present were Pauline
Duro, Gilbert Toro, Altrena Torres, Donald Duro, Harvey Duro, Joe Miranda,
Derlene Auclair and. Joe David., Bookeeper.
The Ordinance of the General Council of the Torres-Martinez Desert Cahuilla
Indians Prohibiting the Discharge of any Pollutants into the Waters
of the Indian Reservation, was discussed among the Council.
*** Harvey Duro made a motion to accept the E.P.A. Ordinance TM ORD.00297,
seconded by Donald Duro, vote taken 7 in favor, 0 opposed, 0 abstained,
motion carried.
A letter of acknowledgement should be sent to Tribal member Scott Lawson
on the recent opening of his market the La Chicanita Market 8870 Ave.
70 Thermal, CA 92274, also a letter be sent to the Dept. of Alcoholic
Beverage Control 42700 Bob Hope Dr. Suite 317 Rancho Mirage, CA 92270.
*** Pauline Duro a motion to commend Mr. Scott Lawson and acknowledge
personal and allottee owner. The Tribe is not liable, seconded by Harvey
Duro, vote taken 7 in favor, 0 opposed 0 abstaining, motion carried.
Torres Martinez Land Settlement Issue was discussed, the law firm of
Tom Luebben and Dick Young is paid up to date on average services. Will
be paid 20% on the 14 million lawsuit settlement. The Council agreed
that this firm has not shown much progress in five years.
Guest Jim and Gene Walker of T.M.R.C.I. (Torres Martinez Recycling Center
Incorporated). The purpose of the recycling center will be to provide
a recycling system to process municipal solid waste and to make an alternate
fuel that can be used power generation. Bio mass Refinery Certification
of Approval Land for Devolopment was read by Jim Walker on July 4,1996,
Mary Belardo was Chairman at the time. The General Council did not approve,
they wanted more information and money up front. T.M.R.C.I.came back
with better information funding the project. They will have to come
before the tribe again. The Council discussed the [missing text].