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Mille Lacs Band Statutes Annotated

TITLE 11 - ENVIRONMENT, NATURAL RESOURCES, ANIMALS AND PLANTS

Chapter
Section
1. Environmental Protection
1
2. Solid Waste Disposal and Recycling
1001
3. Natural Resource Protection Code
2001
4. Domestic Animals
3001

Historical and Statutory Notes

Band Statute 1163-MLC-21, T.I, § 18.01 provides:

"If any provisions of the Band Statute, or the application thereof, to any person, business, corporation or circumstance is held invalid, the invalidity shall not affect other provisions or applications of this Band Statute which can be given effect without the invalid provisions or application and to this end, the provisions of this Band Statute are declared severable."

 

CHAPTER 1

ENVIRONMENTAL PROTECTION

Subchapter
Section
I. General Provisions
1
II. Environmental Protection Ordinance
101
III. Litter
201

Historical and Statutory Notes

The Preamble of Band Statute 1163-MLC-21 provides: "It is enacted by the Band Assembly of the Non-Removable Mille Lacs Bands of Chippewa Indians for the purpose of amending the environmental laws to establish minimum requirements for air, water, land and natural resource pollution control within the territorial jurisdiction of the Non-Removable Mille Lacs Bands of Chippewa Indians."

 

SUBCHAPTER I

GENERAL PROVISIONS

Section
1. Purpose.
2. Creation of Environmental Protection Commission.
3. Selection and terms of office of Environmental Protection Commission.
4. Environmental Protection Directives.
5. Powers and duties of Environmental Protection Commission.
6. Entry upon property.
7. Reports to Band Assembly.
8. Emergency powers.
9. Jurisdictional authority.
10. Judicial authority.
11 . Duty to notify and avoid pollution.
12. Enforcement.
13. Law enforcement and natural resources officers; powers.
14. Criminal penalties.
15. Civil penalties.
16. Defenses.
17. Actions to recover penalties or damages.
18. Actions for declaratory or equitable relief.
19. Exempt acts.
20. Jurisdiction and service of process.
21. Notice to Band of summons and complaint.
22. Intervention.
23. Burden of proof.
24. Collateral estoppel.
25. Res judicata.
26. Relief.
27. Rights and remedies non-exclusive.
28. Statute of limitations.
29. Recovery of litigation costs and expenses.
30. Sovereign immunity.
31. Construction.


§ 1. Purpose

(a) The purpose of Subchapters I and II of this chapter is to achieve a reasonable degree of purity of air, water, land, and natural resources of the Band consistent with the maximum enjoyment and use thereof in furtherance of the welfare of all persons within the jurisdiction of the Band. Subchapters I and II of this chapter are enacted by the inherent aboriginal and sovereign rights of the members of the Non-Removable Mille Lacs Bands of Chippewa Indians, the Treaties of 1837 and 1855, and by the authority vested in the Non-Removable Mille Lacs Bands of Chippewa Indians under Article I, Section 3; Article VI, Sections 1 and 2; and Article XIII of the Constitution of the Minnesota Chippewa Tribe.

(b) It is the purpose of Subchapters I and II of this chapter to establish and further the environmental policies of the Bands to provide for the prevention, control and abatement of the pollution of the air, water, and land, so far as feasible and practical, in furtherance of conservation of the natural resources and public health and safety of all territories subject to the jurisdiction of the Band. It is hereby declared that such efforts are necessary for the protection of present and future vital security interests of the Band and its members.

(c) It is the purpose of Subchapters I and II of this chapter, to safeguard the air, waters and lands of the Band from pollution by preventing any new pollution and abating pollution existing upon enactment of this Band Statute, under a program consistent with the declaration of policy hereinafter stated and the minimum environmental standards established by the laws and regulations promulgated by the United States of America, unless supplemented by more restricted standards of Band law.

(d) It is the purpose of Subchapters I and II of this chapter, to perpetuate commonly held traditional beliefs, amongst American Indian people that human beings have a duty to peacefully co-exist within the natural environment. Human beings further have a natural duty to protect the environment which provides humans with life-sustaining natural resources.

(e) It shall be the public policy of the Non-Removable Mille Lacs Bands of Chippewa Indians that each person has an inalienable right to the protection, preservation, and enhancement of air, water, land and other natural resources located within the jurisdiction of the Band and that each person has a legal duty to aid in the protection, preservation and enhancement of air, water, land and other natural resources located within the jurisdiction of the Band, so that all human beings may live in harmony with nature.

(f) It shall be the public policy of the Non-Removable Mille Lacs Bands of Chippewa Indians to enact and enforce a series of environmental protection measures which shall, at a minimum equal the environmental protection laws of the United States of America and, if necessary and prudent exceed the minimum standards established by federal law.

Historical and Statutory Notes

Source: Band Statute 1163-MLC-21, T.I, § 1.

Cross References

Band governmental power and sovereignty, see 2 MLBSA § 1 et seq.


§ 2. Creation of Environmental Protection Commission

There is hereby created within the Natural Resources Administration, a separate administration to be known as the Environmental Protection Commission of the Non-Removable Mille Lacs Bands of Chippewa Indians.

Historical and Statutory Notes

Source: Band Statute 1163-MLC-21, T.I, § 2.


§ 3. Selection and terms of office of Environmental Protection Commission

(a) The Environmental Protection Commission shall be comprised of a five member commission chaired by the Commissioner of Natural Resources. The remaining members of the Commission shall be nominated by the Chief Executive and confirmed by the Band Assembly to a four year term of office to expire on June 30, 1992, and every four years henceforth from this date.

(b) The members of the Commission shall be nominated as a consequence of their individual education, abilities, knowledge of nature, concern and commitment demonstrated for the environmental resources of the Band. The composition of the Commission shall not be restricted to members of the Band and at least one seat shall be filled by a person from the community surrounding the lands subject to the jurisdiction of the Band.

Historical and Statutory Notes

Source:Band Statute 1163-MLC-21, T.I, § 3.


§ 4. Environmental Protection Directives

The public acts and deeds of the Agency shall be published in the form of Environmental Protection Directives. Such written Directives shall be in uniform format, numbered consecutively and have expiration dates. The Commissioner of Natural Resources is authorized to execute such Directives in the name of the Commission, and to act in the name of the Commission when public necessity so dictates a documented need to do so, or as set forth in 11 MLBSA § 8.

Historical and Statutory Notes

Source: Band Statute 1163-MLC-21, T.I, § 3.02.


§ 5. Powers and duties of Environmental Protection Commission

The Environmental Protection Commission shall have the following powers and responsibilities:

(a) To administer and enforce all environmental protection regulations, herein enacted, of the United States of America and the Non-Removable Mille Lacs Bands of Chippewa Indians;

(b) To investigate the extent, character and effect of pollution of the air, water, land or natural resources of the Band and to gather data and information necessary or desirable in the administration or enforcement of pollution laws, and to make such classification of the air, water, land or natural resources of the Band as it may deem advisable; and, to take such measures as necessary to abate pollution;

(c) To establish and alter such reasonable standards and regulations for quality air, water, lands and other natural resources of the Band in relation to the public use and enjoyment of the members as necessary to implement the purposes of Subchapters I and II of this chapter;

(d) To adopt, issue, reissue, modify, deny, or revoke, enter into or enforce reasonable orders, permits, variances, standards, regulations, schedules of compliance, and stipulation agreements, under such conditions as it may prescribe, in order to prevent, control or abate pollution of the air, waters, lands, or natural resources subject to the jurisdiction of the Band;

(e) To exercise all powers, duties and responsibilities, which are reasonably necessary for the protection of the air, water, lands, and natural resources of the Band. All such authority so exercised pursuant to this subsection shall be consistent in scope and nature with authority delegated to the United States Environmental Protection Agency by act of Congress or federal judicial interpretation of such act.

(f) To enter into cooperative agreements with any environmental protection agency of the United States, the State of Minnesota or any other federally recognized Indian tribe relating to the purposes of Subchapters I and II of this chapter.

(g) To receive and accept money, property or services from any person or from any agency described in subsection (f) or from any other source for any purpose within the scope of its functions, in the name of the Non-Removable Mille Lacs Bands of Chippewa Indians. All monies so received are hereby appropriated for such purposes in like manner and subject to like provisions of law as the corresponding appropriations of all Band revenue. The Commission shall have no authority to waive the sovereign immunity of the Non-Removable Mille Lacs Bands of Chippewa Indians as a requisite to receipt of any domestic assistance or private funding.

(h) To issue, continue in effect or deny permits, under such conditions as it may prescribe for the prevention of pollution, for the emission of air contaminants, or for the installation or operation of any emission facility, air contaminant treatment facility treatment facility, potential air contaminant storage facility, or storage facility, or any part thereof, or for the sources or emission of either air or noise pollution on lands subject to the jurisdiction of the Band.

(i) To issue, continue in effect or deny permits, under such conditions as it may prescribe for the prevention of pollution, for the storage, collection, transportation, processing, or disposal of waste, or for the installation or operation of any system or facility, or any part thereof related to the storage, collection, transportation, processing, or disposal of waste.

(j) To prohibit the introduction, storage, collection, processing, disposal, or transportation of hazardous waste on lands subject to the jurisdiction of the Band.

(k) To hold public hearings as it may deem necessary or advisable for the discharge of its duties under this act. All hearings conducted by the Environmental Protection Commission shall be recorded and transcribed. All final records, studies, reports and other documents prepared in final form by order of, or for consideration of, the Commission, are confidential records of the Non-Removable Mille Lacs Bands of Chippewa Indians. Notwithstanding the foregoing, the Commission may disclose any such information in order to comply with federal law and regulation, to the extent and for the purposes of such federally required disclosure.

Historical and Statutory Notes

Source: Band Statute 1163-MLC-21, § 4.


§ 6. Entry upon property

Whenever the Commission deems it necessary for the purposes of Subchapters I and II of this chapter, the Commission or any member, employee, or agent thereof, when authorized by it, may enter upon any property subject to the jurisdiction of the Band or public lands not subject to the jurisdiction of the Band, for the purpose of obtaining information or conducting surveys or investigations.

Historical and Statutory Notes

Source: Band Statute 1163-MLC-21, T.I, § 4.12.


§ 7. Reports to Band Assembly

The Environmental Protection Commission shall, before December 1 of each year, prepare a report of progress on abatement and control of air, water, land or natural resource pollution with recommendations for legislation in furtherance of the Band's environmental policies.

Historical and Statutory Notes

Source: Band Statute 1163-MLC-2 1, T.I, § 20.


§ 8. Emergency powers

In the event that there is imminent and substantial danger to health and welfare of the members of the Band as a result of the pollution of air, water, land or natural resources; upon such finding, the Environmental Protection Commission may by emergency directive order the immediate discontinuance of abatement of such pollution without notice and without a hearing, or at the request of the Commission, the Solicitor General of the Band may bring an action in the name of the Band in any court of competent jurisdiction for a temporary restraining order to immediately abate or prevent such pollution. Such Commission directive or temporary restraining order shall remain effective until notice, hearing and determination are effected pursuant to other provisions of law, or, in the interim, as otherwise ordered. Such Commission directive shall be appealable to the Court of Central Jurisdiction.

Historical and Statutory Notes

Source: Band Statute 1163-MLC-21, T.I, § 21.


§ 9. Jurisdictional authority

The Environmental Protection Commission shall exercise all the environmental jurisdiction possessed by the Non-Removable Mille Lacs Bands of Chippewa Indians as stated herein:

(a) The Non-Removable Mille Lacs Bands of Chippewa Indians shall exercise concurrent environmental jurisdiction with the United States of America over the air space encompassing all lands and waters subject to the jurisdiction of the Band.

(b) The Non-Removable Mille Lacs Bands of Chippewa Indians shall exercise concurrent environmental jurisdiction with the United States of America over all streams, lakes, ponds, marshes, watercourses, waterways, wells, springs, reservoirs, aquifers, irrigation system, drainage systems and all other accumulations of water, surface or underground, natural or artificial, public or private, which are contained within, flow through or border upon lands of the Mille Lacs Bands of Chippewa Indians.

(c) The Non-Removable Mille Lacs Bands of Chippewa Indians shall exercise concurrent environmental jurisdiction with the United States of America over:

(1) all lands within the exterior boundaries of the Mille Lacs Reservation and Sandy Lake Reservation as established by the Treaty of 1855;

(2) all lands held in trust by the United States of America for the benefit of the Minnesota Chippewa Tribe, which are lawfully delegated to the jurisdiction of the Mille Lacs Bands; and, all lands held in trust by the United States of America for the benefit of the Non-Removable Mille Lacs Bands of Chippewa Indians;

(3) all lands subject to the jurisdiction of the Band pursuant to federal law, notwithstanding the issuance of any patent, and including rights-of-way running through said lands;

(4) all individual allotments for the benefit of any member of the Non-Removable Mille Lacs Bands of Chippewa Indians which are located within the exterior boundaries of the Mille Lacs and Sandy Lake Reservations as established by the Treaty of 1855;

(5) all lands held in fee status in the name of the Non-Removable Mille Lacs Bands of Chippewa Indians which are located within the exterior boundaries of the Mille Lacs and Sandy Lake Reservations as established by the Treaty of 1855.

(d) The criminal and civil jurisdiction of the Non-Removable Mille Lacs Bands of Chippewa Indians shall extend to all enrolled members of the Mille Lacs Bands of Chippewa Indians, enrolled members of the Minnesota Chippewa Tribe who reside within the territorial jurisdiction of the Mille Lacs Bands of Chippewa Indians, Indians from other tribes who enter the territorial jurisdiction, including Indian Country, of the Mille Lacs Bands of Chippewa Indians, Indians from other tribes who enter the territorial jurisdiction of the Mille Lacs Bands of Chippewa Indians by virtue of residency, employment or violation of Mille Lacs Band Statute(s) within the territorial jurisdiction of the Mille Lacs Bands of Chippewa Indians.

(e) The exercise of civil jurisdiction of the Non-Removable Mille Lacs Bands of Chippewa Indians over non-Indians, in environmental protection causes of action shall exist to the extent authorized by the laws of the United States of America. The criminal jurisdiction of the Non-Removable Mille Lacs Bands of Chippewa Indians shall not extend to non-Indians.

(f) The jurisdiction of the Non-Removable Mille Lacs Bands of Chippewa Indians shall extend to all persons, political sub-divisions and their officers and agents, public or private corporations, associations, partnerships and any other individuals or entities who shall violate the environmental protection laws of the Band within the exterior boundaries of the Mille Lacs and Sandy Lake Reservations or on lands held in trust or fee status in the name of the Band, as authorized pursuant to the laws of the United States of America.

Historical and Statutory Notes

Source: Band Statute 1163-MLC-21, T.I, § 5.

Cross References

Jurisdiction of Court of Central Jurisdiction, see 5 MLBSA §§ 111 to 113.


§ 10. Judicial authority

(a) The Court of Central Jurisdiction shall have original jurisdiction over any civil or criminal violation of the environmental protection laws of the Non-Removable Mille Lacs Bands of Chippewa Indians, subject to the provisions of 11 MLBSA § 9.

(b) The Court of Central Jurisdiction is hereby authorized to dismiss and transfer any cause of action where jurisdiction can not be lawfully exercised, to any court of competent jurisdiction entitled to adjudicate said cause of action.

Historical and Statutory Notes

Source: Band Statute 1163-MLC-21, T.I, § 6.

Cross References

Jurisdiction of Court of Central Jurisdiction, see 5 MLBSA §§ 111 to 113.


§ 11. Duty to notify and avoid pollution

It is the duty of every person subject to the jurisdiction of the Non-Removable Mille Lacs Bands of Chippewa Indians to notify the Environmental Protection Commission immediately of the discharge, accidental or otherwise, of any substance or material under its control which, if not recovered, may cause pollution of the air, waters, lands or natural resources of the Band, and the responsible person shall recover as rapidly and as thoroughly as possible such substance or materials, and take immediately, such other action as may be reasonably possible to minimize or abate pollution of the air, waters or lands of the Band.

Historical and Statutory Notes

Source: Band Statute 1163-MLC-21, T.I, § 8.


§ 12. Enforcement

The provisions of Subchapters I and II of this chapter and all regulations, standards, orders, stipulation agreements, schedules of compliance and permits adopted or issued by the Environmental Protection Commission for the prevention, control, or abatement of pollution of the air, water, lands or natural resources subject to the jurisdiction of the Mille Lacs Bands of Chippewa Indians may be enforced by any one or any combination of the following:

(a) Criminal prosecution;

(b) Action to recover civil penalties;

(c) Injunctions;

(d) Action to compel performance; or,

(e) Other appropriate action in accordance with other provisions of Subchapters I and II of this chapter.

Historical and Statutory Notes

Source: Band Statute 1163-MLC-21, T.I, § 7.


§ 13. Law enforcement and natural resources officers; powers

Any duly authorized law enforcement officer or natural resources officer of the Non-Removable Mille Lacs Bands of Chippewa Indians is hereby authorized to take all action to the extent of their authority that may be necessary or proper for the enforcement of Subchapters I and II of this chapter, regulations, standards, directives, stipulation agreements, variances; schedule of compliance or permits.

Historical and Statutory Notes

Source: Band Statute 1163-MLC-21, T.I, § 7.01.

Cross References

Enforcement, Environmental Protection Ordinance, see 11 MLBSA § 105.


§ 14. Criminal penalties

(a) Any Indian who willfully or negligently violates any provision of Subchapters I and II of this chapter, or any standard, regulation, variance, directive, stipulation agreement, schedule of compliance or permit issued or adopted by any environmental protection agency or government which violation is not included in subsection (b), shall upon conviction be guilty of an environmental offense and may be sentenced to imprisonment for no longer than one hundred and eighty days and/or a fine not to exceed five thousand dollars.

(b) Any Indian who willfully or negligently violates any provision of Subchapter I or II of this chapter or the provision of any federal law enacted for the protection of the environment which is incorporated by reference into the laws of the Mille Lacs Bands of Chippewa Indians, shall upon conviction, be guilty of an environmental offense and may be punished by a fine schedule as promulgated by the Commissioner of Natural Resources.

Historical and Statutory Notes

Source: Band Statute 1163-MLC-21 , T.I, § 9.

Cross References

Violations and penalties, Environmental Protection Ordinance, see 11 MLBSA § 106.


§ 15. Civil penalties

(a) Any person subject to the jurisdiction of the Band who violates any provision of Subchapter I or II of this chapter or any provision of any federal law enacted for the protection of the environment which is incorporated by reference into this chapter, or any standard regulation, variance, directive, stipulation agreement, schedule of compliance or permit issued or adopted by any environmental protection agency of government shall forfeit and pay to the Band a penalty, in an amount to be determined by the court, of not more than five thousand dollars per day of violation.

(b) In addition, in the discretion of the court, the defendant may be required to:

(1) Forfeit and pay to the Band a sum which will adequately reimburse any vendor for the reasonable value of cleanup and other expenses directly resulting from unauthorized discharge of pollutants, whether or not accident; and

(2) Forfeit and pay to the Band an additional sum to constitute just compensation for any loss or destruction of wildlife, fish or other aquatic life, and birds and for other proven actual damages to the Band caused by an unauthorized discharge of pollutants.

Historical and Statutory Notes

Source: Band Statute 1163-MLC-21, T.I, § 10.

Cross References

Violations and penalties, Environmental Protection Ordinance, see 11 MLBSA § 106.


§ 16. Defenses

As a defense to any said damages, the defendant may prove that the violation was caused solely by:

(a) natural causes,

(b) negligence on the part of the Mille Lacs Bands of Chippewa Indians of some other unit of government, or

(c) an act or failure to act which constitutes sabotage or vandalism, or

(d) any combination of the foregoing subsections.

Historical and Statutory Notes

Source: Band Statute 1163-MLC-21, T.I, § 10.03.


§ 17. Actions to recover penalties or damages

The civil penalties and damages provided for in 11 MLBSA § 16 may be recovered by a civil action brought by the Solicitor General in the name of the Non-Removable Mille Lacs Bands of Chippewa Indians in the Court of Central Jurisdiction or in any other court of competent jurisdiction of the State of Minnesota or Wisconsin provided that this chapter is utilized to commence and determine the rights and obligations of the parties, pursuant to the provisions of 28 USC 1360(d) or any other applicable federal law.

Historical and Statutory Notes

Source: Band Statute 1163-MLC-21, T.I, § 10.04.

Cross References

State civil jurisdiction, Environmental Protection Ordinance violations, see 11 MLBSA § 128.


§ 18. Actions for declaratory or equitable relief

Any person residing on trust land subject to the jurisdiction of the Band, the Solicitor General, on behalf of the Band or any instrumentality or administration of the Band may maintain a civil action in the Court of Central Jurisdiction for declaratory or equitable relief in the name of the Non-Removable Mille Lacs Bands of Chippewa Indians against any person, for the protection of the air, water, land or other natural resources located within the jurisdiction of the Band, whether publicly or privately owned, from pollution, impairment or destruction.

Historical and Statutory Notes

Source: Band Statute 1163-MLC-21, T.I, § 11.


§ 19. Exempt acts

No action shall be permitted pursuant to 11 MLBSA § 18 for acts taken by a person which do not and can not reasonably be expected to pollute, impair, or destroy any other air, water, land or natural resources located within the jurisdiction of the Band. Neither shall actions be permitted under 11 MLBSA § 18 for conduct taken by a person pursuant to established environmental quality standards of Band law, any regulation, rule, declaration, license, stipulation agreement or permit issued by the Mille Lacs Environmental Protection Commission.

Historical and Statutory Notes

Source: Band Statute 1163-MLC-21, T.I, § 11.01.


§ 20. Jurisdiction and service of process

As to any cause of action arising under 11 MLBSA§ 18, the Court of Central Jurisdiction may exercise personal jurisdiction to the extent permissible by the laws of the Mille Lacs Bands and the United States and service of process on any person who is subject to the jurisdiction of the Court of Central Jurisdiction may be made by personally serving the summons upon the defendant who may be outside of the jurisdiction of the Band with the same effect as though the summons had been personally served within the jurisdiction of the Band.

Historical and Statutory Notes

Source: Band Statute 1163-MLC-21, T.I, § 14.

Cross References

Personal jurisdiction, Court of Central Jurisdiction, see 5 MLBSA § 113.


§ 21. Notice to Band of summons and complaint

Within seven days after commencing such action, the plaintiff shall cause a copy of the summons and complaint to be served upon the Solicitor General and the Commissioner of Natural Resources.

Historical and Statutory Notes

Source: Band Statute 1163-MLC-21, T.I, § 11.02.


§ 22. Intervention

In any action maintained under 11 MLBSA § 18, the Solicitor General may intervene as a matter of right and may appoint special counsel where as a result of such intervention he may represent conflicting or adverse interests. Other interested parties may be permitted to intervene on such terms as the court may deem just and equitable in order to effectuate the purposes and policies of Subchapters I and II of this chapter.

Historical and Statutory Notes

Source: Band Statute 1163-MLC-21, T.I, § 11.03.


§ 23. Burden of proof

(a) In an action maintained pursuant to 11 MLBSA § 18, where the subject of the action is conduct governed by any provision of Subchapter I or II of this chapter or an action by the Environmental Protection Commission, whenever the plaintiff shall have made a prima facie showing that the conduct of the defendant violates or is likely to violate any provisions of this Act or any action by the Environmental Protection Commission, the defendant may rebut the prima facie showing by the submission of evidence to the contrary.

(b) In any other action maintained pursuant to 11 MLBSA § 18, whenever the plaintiff shall have made a prima facie showing that the conduct of the defendant has, or is likely to cause pollution, impairment, or destruction of the air, water, land or other natural resource located within the jurisdiction of the Band, the defendant may rebut the prima facie showing by the submission of evidence to the contrary. The defendant may also show, by way of an affirmative defense, that there is no feasible and prudent alternative and the conduct at issue is consistent with and reasonably required for promotion of the public health, safety and welfare in light of the Band's paramount concern for the protection of the overall environment from pollution, impairment or destruction. Economic considerations alone shall not constitute a defense hereunder.

(c) In an action maintained under 11 MLBSA § 18, the plaintiff shall have the burden of proving that the environmental quality standard, limitation, regulation, rule, directive license, stipulation agreement or permit is inadequate to protect the air, water, land or other natural resources located within the jurisdiction of the Band from pollution, impairment or destruction by showing material evidence of such inadequacy.

Historical and Statutory Notes

Source: Band Statute 1163-MLC-21, T.I, § 12.


§ 24. Collateral estoppel

Where any action maintained pursuant to 11 MLBSA § 18 results in a judgment in favor of the defendant that no violation of Subchapter I or II this chapter has occurred by said defendant, the judgment shall not stop the Band from relitigation of any or all of the same issues with the same or other defendants unless the Band brought the prior action against the same or other defendant.

Historical and Statutory Notes

Source: Band Statute 1163-MLC-21, T.I, § 11.04.


§ 25. Res judicata

Where any action maintained pursuant to 11 MLBSA § 18 results in a judgment in favor of the plaintiff, the judgment shall be res judicata between the parties in any action the Band may bring against the same defendant.

Historical and Statutory Notes

Source: Band Statute 1163-MLC-21, T.I, § 11.05.


§ 26. Relief

The Court of Central Jurisdiction may grant declaratory relief, temporary and permanent equitable relief, or may impose such conditions on the party as are necessary or appropriate to protect the air, water, land or other natural resource located within the jurisdiction of the Band from pollution, impairment or destruction. When the court grants temporary equitable relief, it may require the plaintiff, except where the Band is plaintiff, to post a bond sufficient to indemnify the defendant for damages suffered because of the temporary relief, if permanent relief is not granted.

Historical and Statutory Notes

Source: Band Statute 1163-MLC-21, T.I, § 13.

Cross References

Injunctions, Environmental Protection Ordinance, see 11 MLBSA § 107.


§ 27. Rights and remedies non-exclusive

No existing civil or criminal remedy for any wrongful action shall be excluded or impaired by Subchapter I or II of this chapter. The rights and remedies herein shall be in addition to any administrative, regulatory, statutory or common law right and remedies now or hereafter available.

Historical and Statutory Notes

Source: Band Statute 1163-MLC-21, T.I, § 15.


§ 28. Statute of limitations

Proceedings in respect of an environmental offense pursuant to any provisions of Subchapter I or II of this chapter, may be instituted at any time within three years after the time when the subject matter of the proceedings was discovered.

Historical and Statutory Notes

Source: Band Statute 1163-MLC-21, T.I, § 17.


§ 29. Recovery of litigation costs and expenses

In any action brought by the Solicitor General, in the name of the Band, pursuant to Subchapter I or II of this chapter, for civil penalties, injunctive relief, or in an action to compel compliance, if the Band shall finally prevail, and if the proven violation was willful, the Band, in addition to other penalties provided in 11 MLBSA § 15, may be allowed an amount determined by the court to be the reasonable value of all or a part of the litigation expenses incurred by the Band. In determining the amount of such litigation expenses to be allowed, the court shall give consideration to the economic circumstances of the defendant.

Historical and Statutory Notes

Source: Band Statute 1163-MLC-21, T.I, § 16.


§ 30. Sovereign immunity

The Non-Removable Mille Lacs Bands of Chippewa Indians shall not be subject to any environmental suit in any court of competent jurisdiction without the expressed enactment of law by the Band Assembly.

Historical and Statutory Notes

Source: Band Statute 1163-MLC-21, T.I, § 19.


§ 31. Construction

The Solicitor General or exterior legal counsel and the Court of Central Jurisdiction whichever is applicable, shall liberally construe the provisions of Subchapters I and II of this chapter so as to provide for the full force and effect of the purposes therein stated.

Historical and Statutory Notes

Source: Band Statute 1163-MLC-21, T.I, § 18.


SUBCHAPTER II

ENVIRONMENTAL PROTECTION ORDINANCE

Section
101. Title of subchapter.
102. Statement of purpose.
103. Definitions.
104. Jurisdiction.
105. Enforcement.
106. Violations and penalties.
107. Injunctions.
108. Notice of violation.
109. Default.
110. Setting hearing date.
111. Sewage disposal system permits.
112. Permits generally.
113. Environmental Assessments and Impact Statements.
114. Format for the Environmental Impact Statement.
115. Variances
116. Water-Policy and goals.
117. Water-Definitions.
118. Water-Standards.
119. Air-Policy and goals.
120. Air-Definitions.
121. Air-Standards.
122. Soils-Policy and goals.
123. Soil-Definitions.
124. Soils-Standards.
125. Subsurface resources.
126. Forestry-Policy and goals.
127. Forestry-Standards.
128. State civil jurisdiction.

Historical and Statutory Notes

The Preamble of Band Statute 1091-MLC-24 provides:

"It is enacted by the Band Assembly of the Mille Lacs Band of Chippewa Indians in order to exercise a more effective form of tribal government to regulate the natural resources of the Mille Lacs Band of Chippewa Indians."


§ 101. Title of subchapter

This subchapter shall be known as the Mille Lacs Band of Chippewa Indians Environmental Protection Ordinance.

Historical and Statutory Notes

Source: Band Statute 1163-MLC-21, T.II, § 1.
Band Statute 1091-MLC-24, § 1 provides: "This Ordinance shall be known as the Mille Lacs Band of Chippewa Indians Natural Resources Protection Ordinance."


§ 102. Statement of purpose

The Mille Lacs Band of Chippewa Indians Natural Resource Protection Ordinance to protect the natural resources within the jurisdiction of the Mille Lacs Band of Chippewa Indians as defined under the Constitution of the Minnesota Chippewa Tribe pursuant to Section 16 of the Act of June 18, 1934 (48 Stat. 984), amended June 15, 1935 (49 Stat. 3781) and approved by the Secretary of Interior on July 24, 1936. This subchapter is to provide a uniform set of standards which are necessary to supplement the Mille Lacs Reservation's Conservation Code, so that hunting, fishing, trapping, wild rice and all other natural resources of Reservations' and Bands' may be preserved and protected. Where such Band laws and standards do not exist and are not promulgated, these laws and standards will apply. And whereas the Mille Lacs Band of Chippewa Indians finds that water is the primary resource of the natural resources system, the protection of the quality and quantity of the water resources is the primary objective of these laws and furthermore, the inter-relationships of water and other natural resources is such that the management of soil, timber, air and mineral resources has both direct and indirect effects upon the quality and quantity of the water, fish, wild rice and wildlife resources. These and all other interaction of resources will be considered when planning and management activities are engaged.

Historical and Statutory Notes

Source: Band Statute 1091-MLC-24, § 1.01.
Band Statute 1163-MLC-21, T.II, § 1.01.

Cross References

Natural Resources Protection Code, see 11 MLBSA § 2001 et seq.


§ 103. Definitions

(a) "Band" means the Mille Lacs Band of Chippewa Indians and the constituent Bands of the Non-Removable Mille Lacs Band of Chippewa Indians.

(b) "Clearcutting" means any timber harvested and timber cutting on any and all tracts of land where the standing timber remains after harvesting or cutting is less than 40 trees of 8 inches or greater dbh per acre.

(c) "Day" means a 24 hour period which shall be from 12:00:00 a.m. to 11:59:59 p.m. in the Central Time zone of the United States.

(d)"Lake" means any body or accumulation of water, whether natural or artificial, the majority of which is open water, which is an area 10 acres of more, and in depth at least 15 feet at some point.

(e) "Marsh, Wetland" means any body or accumulation of water whether natural or artificial, whether or not seasonal, where a majority area of the surface water contains emergent vegetation.

(f) "Non-Point Source" means man-made or man-induced pollution from any and all sources not included in the point source definition.

(g) "Open Water" means a water surface absent of emergent vegetation.

(h) "Person" means any municipality, governmental sub-division, public or private corporation, individual, partnership, or other entity, including but not limited to association, commission or any interstate body, and includes any officer or governing or managing body of any municipality, governmental subdivision, or public or private corporation or other entity.

(i) "Point Source" means any discernible, confined, and discrete conveyance, including but not limited to any pipe, stack, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock concentrated animal feeding operation, or vessel or other floating craft, from which pollutants are or may be discharged.

(j) "Pollution, Water Pollution, Air Pollution" means the man-made or man-induced alteration of the chemical, physical, biological or radiological integrity of the waters or atmosphere of the Mille Lacs Band of Chippewa Indians.

(k) "Pond" means any body or accumulation of water, whether natural or artificial, the majority of which is open water, which is an area less than 10 acres, whether or not seasonal.

(1) "River, Stream" means any waterway or watercourse, whether natural or artificial, whether or not seasonal, which follows a flow channel to any lake, pond, marsh, river or to any other accumulation of water.

(m) "Road" means any roadway, whether paved; graveled or otherwise surfaced, which is maintained for public use of four-wheeled vehicles.

(n) "Standard" means water quality and quantity standards, air quality standards and soil protection standards as outlined in this Mille Lacs Band of Chippewa Indians Resource Protection Ordinance.

(o) "Waters of the Mille Lacs Band of Chippewa Indians" means all streams, lakes, ponds, marshes, watercourses, waterways, wells, springs, reservoirs, aquifer, irrigation system, drainage systems and all other accumulations of water, surface or underground, natural or artificial, public or private, which are contained within, flow through or border upon lands of the Mille Lacs Band of Chippewa Indians, and which are contained with, flow through or border upon any other lands where Mille Lacs Band of Chippewa Indians member's rights of hunting, fishing, trapping and gathering rice are reserved.

Historical and Statutory Notes

Source:Band Statute 1091-MLC-24, § 2.
Band Statute 1163-MLC-21, T.I, § 2.


§ 104. Jurisdiction

(a) The jurisdiction of the Mille Lacs Band of Chippewa Indians under this subchapter shall extend to:

(1) All lands within the exterior boundaries of the constituent Bands of the Non-Removable Mille Lacs Band of Chippewa Indians as created by treaty, Executive Order, or federal act, notwithstanding the issuance of any patent and including rights-of-way running through said land.

(2) All dependent Mille Lacs Band of Chippewa communities within the state of Minnesota.

(3) All Mille Lacs Band of Chippewa Indians allotments, whether within or without the boundaries of member Bands, the Indian titles to which have not been extinguished, including rights-of-way running through the same.

(b) Jurisdiction shall extend over all persons or corporations whether Indian or non-Indian.

Historical and Statutory Notes

Source: Band Statute 1091-MLC-24, § 3.
Band Statute 1163-MLC-21, § 3.

Cross References

Jurisdiction, Court of Central Jurisdiction, see 5 MLBSA § 111 et seq.


§ 105. Enforcement

This Ordinance shall be enforced by Reservation Conservation Officers or any other duly appointed officers of the Mille Lacs Band of Chippewa Indians or its member Bands or any other persons as provided by the Ordinance of the Mille Lacs Band of Chippewa Indians or its member Bands.

Historical and Statutory Notes

Source: Band Statute 1091-MLC-24, § 4.
Band Statute 1163-MLC-24, T. II, § 4.

Cross References

Law enforcement and natural resources officers, powers, environmental protection, see 11 MLBSA § 13.


§ 106. Violations and penalties

Any violation of this subchapter shall be considered a civil offense subject to the following penalties:

(a) Pay the cost of any necessary cleanup, restoration or reclamation caused by the violation, as ordered by the Court of Central Jurisdiction, or by any administrative body with jurisdiction

(b) Pay any actual damages for injury to property, life or resources of any person, corporation, or public body or governmental agency.

(c) Pay as punitive damages a penalty of up to five hundred dollars per day for each day of continuing violation.

Historical and Statutory Notes

Source:Band Statute 1091-MLC-24, § 5.
Band Statute 1163-MLC-21, T.II, § 5.

Cross References

Civil penalties, environmental protection, see 11 MLBSA § 15.
Criminal penalties, environmental protection, see 11 MLBSA § 14.


§ 107. Injunctions

All violations of this subchapter may be enjoined by order of any court with jurisdiction to prevent continuing violations. Any violation of said order shall be in addition to said above penalties and subject to punishment for contempt of court. Punishment for said contempt shall be at the discretion of the court, subject only to those limitations prescribed by law.

Historical and Statutory Notes

Source: Band Statute 1091-MLC-24, § 5.04.
Band Statute 1163-MLC-21, T. II, § 5.04.

Cross References

Actions for declaratory or equitable relief, environmental protection, see 11 MLBSA § 18 et seq.


§ 108. Notice of violation

The Mille Lacs Band of Chippewa Indians or its member Bands through their duly appointed officers shall give a written notice to any violators of this subchapter. Said notice shall be served upon any violator by giving a copy of said notice to the violator if he/she can be located within the jurisdiction of the Mille Lacs Band of Chippewa Indians or its member Bands. Service of said notice may be given to serving a copy to said violator or leaving the notice at the residence or place of business of said violator, with any adult and who resides in the residence or is employed at the business of the violator. In the event the person or business causing the violation is not within the jurisdiction of the Mille Lacs Band of Chippewa Indians or its member Bands, then a notice may be posted on the land where offense is occurring. It shall be posted in a conspicuous place. A copy shall also be mailed to the last known residence or business address of the violator. Said notice shall specify the nature of the violation, the location of the violation, and the section of this subchapter being violated. It shall set a date for a hearing before the court or administrative body as established by Band law. Said hearing shall be no sooner than five days after service of said notice. In the event that no actual service can be made on a. violator because he cannot be found, does not have a residence or place of business within the jurisdiction of the Mille Lacs Band of Chippewa Indians, then said notice of violation shall be published twice during two consecutive weeks in a newspaper in the county where said violation occurred. An affidavit of said publication shall be filed with the appropriate court or administrative body and shall constitute proof of service of said notice.

Historical and Statutory Notes

Source: Band Statute 1091-MLC-24, § 6.
Band Statute 1163-MLC-21, T.II, § 6.


§ 109. Default

In the event a defendant fails to appear before the court or appropriate administrative body on the date set for a preliminary appearance, the court or administrative body may declare the defendant to be in default and award any appropriate relief to the complainant as provided by this subchapter.

Historical and Statutory Notes

Source:Band Statute 1091-MLC-24, § 6.01.
Band Statute 1163-MLC-21, T.II, § 6.01.


§ 110. Setting hearing date

In the event a defendant does appear on the date set in the notice of violation, the court or administrative body hearing said matter shall set a date as soon as practicable for a full evidentiary hearing on the violation if the defendant denies the violation or responsibility for the violation.

Historical and Statutory Notes

Source: Band Statute 1091-MLC-24, § 6.02.
Band Statute 1163-MLC-21, T.II § 6.02.


§ 111. Sewage disposal system permits

(a) Permits shall be required for all of the following activities and application for said permits shall be on forms supplied by the Mille Lacs Band of Chippewa Indians:

(1) Construction of septic systems and drainfields, and any other type of individual or multifamily sewage disposal system, whether the construction is for a new system or for the up-grading of an old system.

(2) Municipal, community, and village sewage treatment plant, and any other sewage disposal system.

(b) Approval for said permits shall be obtained from the Public Works Commissioner on the reservation where said activity will occur.

(c) Fees for said permits shall be the sum specified by the Band Ordinance and so stated on the appropriate application form.

Historical and Statutory Notes

Source: Band Statute 1091-MLC-24, § 7.
Band Statute 1163-MLC-21, T.II, § 7.


§ 112. Permits generally

Permits shall be required for all of the following activities and application for said permits shall be on forms supplied by the Mille Lacs Band of Chippewa Indians. Approval for said permits must be obtained from the Department of Natural Resources on the reservation where said activity will occur. Fees for said permits shall be the sum specified by the Ordinance and so stated on the appropriate application form.

(a) Any and all excavation, mining, road building, draining, dredging, filling, and any other earth removal or disposition projects with the exception of excavation necessary for single family housing units.

(b) Any and all insecticide, herbicide, fungicide, algacide, and any other pesticide use, no matter the application procedure, with the exception for household use of pesticides for public health measures

(c) Any and all industrial and commercial point source discharges into the Mille Lacs Band of Chippewa Indians waters.

(d) Any and all commercial and private non-point source discharges into the Mille Lacs Band of Chippewa Indians waters.

(e) Any and all commercial and private air emissions relating to the production of goods, products or materials.

(f) Any and all forestry clearcutting activities and cutting of timber by any method where the tract to be logged is adjacent to any lake, stream, pond or road.

(g) Any and all developments and improvements of parks, landings, beaches, harbors and canals and other related facilities, whether public or private.

Historical and Statutory Notes

Source: Band Statute 1091-MLC-24, § 8.
Band Statute 1163-MLC-21, T.II, § 8.

Cross References

Herbicides, use on noxious weeds, see Nat. Res. Comm. Order 133-90.


§ 113 . Environmental Assessments and Impact Statements

The issuance of any and all permits will be preceded by an Environmental Assessment Worksheet. These assessments shall be completed by the MLBC Research Laboratory, based upon work plans submitted by the permittee and site inspection, laboratory analysis and any other pertinent data. If in the findings of the assessment, an Environmental Impact Statement is proposed, then a public hearing to determine the necessity of the Environmental Impact Statement will be conducted. If an Environmental Impact Statement is requested by the Mille Lacs Band of Chippewa Indians Environmental Board, the MLBC Research Laboratory will produce and present, within ninety days of the date of request, and at the permittee's expense, an EIS for public hearing before said Mille Lacs Band of Chippewa Indians Environmental Board. The decision of the Mille Lacs Band of Chippewa Indians Environmental Board for issuance or non-issuance of the permit based on the findings of the EIS shall be final.

Historical and Statutory Notes

Source: Band Statute 1091-MLC-24, § 9.
Band Statute 1163-MLC-21, T.II, § 9.


§ 114. Format for the Environmental Impact Statement

The components of all Environmental Impact Statements shall be as follows:

(a) environmental impacts, both beneficial and degrading,

(b) social impacts, both beneficial and degrading, and

(c) economic impacts, both beneficial and degrading.

Historical and Statutory Notes

Source: Band Statute 1091-MLC-24, § 10.
Band Statute 1163-MLC-21, T.II, § 10.


§ 115. Variances

Any and all requests for a variance from the provisions of this subchapter shall be presented before, and subject to the approval of the appropriate Mille Lacs Band Assembly in the manner they shall prescribe. The decision of the Mille Lacs Band Assembly shall be final.

Historical and Statutory Notes

Source: Band Statute 1091-MLC-24, § 11.
Band Statute 1163-MLC-21, T.II, § 11.


§ 116. Water-Policy and goals

The waters of the Mille Lacs Band of Chippewa Indians will be protected from degradation. The quality of the water will be maintained or improved to guarantee the treaty rights of the members of the Mille Lacs Band of Chippewa Indians.

Historical and Statutory Notes

Source: Band Statute 1091-MLC-24, § 12.
Band Statute 1163-MLC-21, T.II, § 12.

Cross References

Injection wells, see Nat. Res. Comm. Order 107-89.


§ 117. Water-Definitions

(a) "Ambient" means that concentration which exists without point source pollution as established by MLBC Research Lab.

(b) "LC50" means the concentration of toxicant that is lethal (fatal) to 50 percent (50%) of the sensitive resident species organisms tested under the test conditions in a specific time.

(c) "Toxicant, Toxic Substance" means those pollutants or combination of pollutants, including disease-causing agents, which after discharge and upon exposure, ingestion, inhalation, or assimilation into any organism, either directly from the environment or indirectly by ingestion through food chains, will, on the basis of information available to the MLBC, cause death, disease, behavioral abnormalities, cancer, genetic mutations, physiological malfunctions, including malfunctions in reproduction, or physical deformation, in such organism or its offspring.

Historical and Statutory Notes

Source: Band Statute 1163-MLC-21, T.II, §§ 13.01 to 13.03.
Band Statute 1091-MLC-24, §§ 13.01 to 13.03.


§ 118. Water-Standards

(a) All standards will be interpreted to mean a maximum allowable limit unless otherwise stated.

Constituent Concentration or Limits
Alkalinity 20 mg/l or more as CaCO3 for fresh water aquatic life except where natural concentration are less
Ammonia .02 mg/l as (un-ionized ammonia) for fresh water aquatic life
Arsenic 50 ug/l for domestic water supply
Barium 1 mg/l for domestic water supply
Beryllium 11 ug/l for the protection of aquatic life in soft fresh water 1,100 ug/l for the protection of aquatic life in hard fresh water
Boron 750 ug/l
Cadmium

10 ug/l for domestic water supply

Aquatic Life

Soft Water  Hard Water
0.4 ug/l  1.2 ug/l
Chlorine 2.0 ug/l for salmonid fish 10 ug/l for other fresh water fish
Chromium 50 ug/l for domestic water supply 100 ug/l for fresh water aquatic life
Fecal Coliform Bacteria 200 colonies/100 ml.
Color 75 color units on platinum-cobalt scale for domestic water supplies
Copper 1 mg/l for domestic water supply 0. 1 X 96 hours LC50 for fresh water aquatic life
Cyanide 5.0 ug/l for fresh water aquatic life
Gases, total dissolved 110% of saturation at existing atmosphere and hydrostatic pressures
Iron 0.3 mg/l for domestic water supply 1.0 mg/l for fresh water aquatic life
Lead 50 ug/l for domestic water supply 0. 1 X 96 hour LC50 for fresh water aquatic life
Manganese 50 ug/l for domestic water supply and fresh water aquatic life
Mercury 2.0 ug/l for domestic water supply .05 ug/l for fresh Water aquatic life
Nickel .01 X 96 hour LC50 for fresh water aquatic life
Nitrate, Nitrite 10 mg/l nitrate nitrogen for domestic water supply, not to exceed ambient N02-N03 for all water systems, as established by MLBC Research Lab
Oil & Grease Domestic water supplies virtually free from oil and grease .01 X 96 hour LC50 for fresh water aquatic life
Dissolved Solids & Salinity 250 mg/l for chlorides and sulfates in domestic water supply
Natural Salinity %    % Variation Permitted
0 to 3.5 1
3.5 to 13.5 2
13.5 to 35 4

Settleable & Suspended Solids & Turbidity

Fresh water fish and other aquatic life; settleable and suspended solids should not reduce the depth of the compensation point for photosynthetic activity
Sulfide 2 ug/l undissociated H2S for fresh water aquatic life
Sulfate Not to exceed ambient SO4 for all waters, as established by MLBC Research Lab
Temperature No thermal pollution shall be discharged into any waters on the reservations
Dissolved O2 5.0 mg/l minimum for fresh water aquatic life
Pesticides No measurable amounts of any pesticide or any other toxicant will occur in any surface or groundwater
pH 5-9 for domestic water supply 5.5-9.0 for fresh water aquatic life
Phenol 1 ug/l for all waters
Phosphorus Not to exceed ambient total phosphorus for all water systems as established by MLBC Research Lab
Polychlorinate Biphenyls (PCB) .001 ug/l for all waters
Phthalate esters .1 ug/l for fresh water aquatic life
Selenium 10 ug/l for domestic water supply .01 X 96 hour LC50 for fresh water aquatic life
Silver 50 ug/l for domestic water supply .01 X 96 hour LC50 for fresh water aquatic life
Zinc 5 mb/l for domestic water supply .01 X 96 hour LC50 for fresh water aquatic life

(b) Any and all man made or man induced regulation of water flow on or through any Reservation of the Mille Lacs Band of Chippewa Indians shall be subject to the stipulations set forth in this subchapter for the provision of adequate water quantities for the preservation and protection of natural resources.

(c) No littering, refuse or garbage disposal will be permitted in any waters of the Mille Lacs Band of Chippewa Indians.

Historical and Statutory Notes

Source: Band Statute 1091-MLC-24, §§ 13, 14.
Band Statute 1163-MLC-21, T.II, §§ 13, 14.

Cross References

Litter, see 11 MLBSA § 201 et seq.
Solid waste disposal, see 11 MLBSA § 1001 et seq.


§ 119. Air-Policy and goals

The air quality within the reservations is affected by many pollutants and chemicals, which may travel through the atmosphere from distant sources. These chemicals and pollutants are deposited on reservation lands and waters, the result being a direct threat to the natural resources of the reservation. Pursuant to Class I-Air Quality.

Historical and Statutory Notes

Source: Band Statute 1091-MLC-24, § 15.
Band Statute 1163-MLC-21, T. II, § 15.


§ 120. Air-Definitions

"BACT, best available control technology" means that method of limiting emissions to the minimum amount possible.

Historical and Statutory Notes

Source: Band Statute 1091-MLC-24, § 16.
Band Statute 1163-MLC-21, T.II, § 16.


§ 121. Air-Standards

These standards will be those as set forth by 42 USC Section 7474 and the Clean Air Act. (42 U.S.C.A. § 7401 et seq.)

Historical and Statutory Notes

Source: Band Statute 1091-MLC-24, § 17.
Band Statute 1163-MLC-21, T.II, § 17.


§ 122. Soils-Policy and goals

The soils within the jurisdiction of the Mille Lacs Band of Chippewa Indians are an integral part of the total natural resource spectrum. Fish, furbearers, wild rice and other wildlife are directly affected by the types of, and the maintenance of, vegetative cover upon the soils. The management of these soils will be within this context. In addition, alternatives to chemical usage upon the soils shall be considered the policy of the Mille Lacs Band of Chippewa Indians.

Historical and Statutory Notes

Source: Band Statute 1091-MLC-24, § 18.
Band Statute 1163-MLC-21, T.II, § 18.


§ 123. Soil-Definitions

"Soil" means all soils, metals, minerals, gases, liquid, gravels or other elemented or complexed materials, in any physical state, which lie on or in the earth's surface to a depth of 15 feet.

Historical and Statutory Notes

Source: Band Statute 1091-MLC-24, § 19.
Band Statute 1163-MLC-21, T.II, § 19.


§ 124. Soils-Standards

(a) Natural erosion rectification measures, such as seeding, planting or otherwise establishing vegetative cover, will be utilized by the landowner.

(b) Permits will be required for any project or development other than farming which involves excavation, soil removal or disposition, and shall include provisions for the seeding or planting to establish vegetative cover.

(c) Agricultural lands shall be protected from wind and water erosion through the use of sound agricultural principles, including but not limited to, terracing, tree breaks, grass waterways and maintaining vegetative cover on tilled lands during the non-growing season.

Historical and Statutory Notes

Source: Band Statute 1091-MLC-24, § 20.
Band Statute 1163-MLC-21, T.II, § 20.


§ 125. Subsurface resources

Groundwater-refer to 11 MLBSA § 103. All other subsurface resources will be managed at the discretion of the Mille Lacs Band of Chippewa Indians-Department of Natural Resources. Management will include analysis of potential environmental effects for all exploration, mining, or extractions, which are or may be practiced on the lands under the jurisdiction of the Mille Lacs Band of Chippewa Indians.

Historical and Statutory Notes

Source: Band Statute 1091-MLC-24, § 21.
Band Statute 1163-MLC-21, T.II, § 21.


§ 126. Forestry-Policy and goals

The forestry resource on the lands under the jurisdiction of the Mille Lacs Band of Chippewa Indians will be managed to preserve and protect said lands in a perpetually productive state. This will be done by applying sound silvicultural practices to the harvesting of the timber, and by making provision for new forest growth as timber is removed. The guiding document shall be CFR 25, Part 141, Forestry Manual 53 BIAM, dated June 21 , 1978, and supplements. Any superseding documents pertaining to forestry management on Indian lands will be subject to the approval of the governing body of the Mille Lacs Band of Chippewa Indians.

Historical and Statutory Notes

Source: Band Statute 1091-MLC-24, § 22.
Band Statute 1163-MLC-21, T.II, § 22.

Cross References

Firewood harvest, see 11 MLBSA § 2401 et seq.


§ 127. Forestry-Standards

(a) No clearcutting of timber will be permitted within a 100 foot border of any lake, pond or river.

(b) No clearcutting of timber will be permitted within 100 feet of any road.

(c) Permits for logging will include stipulations for the re-seeding of logged area and logging equipment trails.

(d) Users of insecticides, herbicides, or any other chemical or pesticides for forestry management activities will be required to obtain a permit.

Historical and Statutory Notes

Source:Band Statute 1091-MLC-24, § 23.
Band Statute 1163-MLC-21, T. II, § 23.


§ 128. State civil jurisdiction

Any person, upon a violation of Subchapter I or II of this chapter, may bring a civil cause of action in the appropriate state court seeking damages pursuant to the provisions of Title 28, United States Code, Section 1360; P.L. 83-280 which states:

"Any tribal ordinance or custom heretofore or hereafter adopted by an Indian tribe, band or community in the exercise of any authority which it may possess shall, if not inconsistent with any applicable civil law of the State, be given full force and effect in the determination of civil causes of action pursuant to this Section.

Historical and Statutory Notes

Source: Band Statute 1091-MLC-24, § 24.
Band Statute 1163-MLC-21, T. II, § 24.

Cross References

Actions to recover penalties or damages, environmental protection, see 11 MLBSA § 17.

 

SUBCHAPTER III

LITTER

Section
201. Definitions.
202. Littering.
203. Littering on highways.
204. Littering in natural areas.
205. Litter removal in lieu of forfeiture.

Cross References

Water standards, Environmental Protection Ordinance, see 11 MLBSA § 118.


§ 201. Definitions

Litter-Things lying about in disorder; bits or scraps of rubbish scattered about; untidiness, disorder; to make messy or untidy with things scattered about; to scatter about carelessly.

Historical and Statutory Notes

Source: Band Statute 1164-MLC-6, § 8.09.


§ 202. Littering

Whoever unlawfully deposits garbage, rubbish, offal, or the body of a dead animal, or other litter in or upon any public or tribal highway, public waters or the ice thereon, public or tribal lands, or without the consent of the owner, private land, or water or ice thereon, shall be subject to a forfeiture not to exceed $25.00.

Historical and Statutory Notes

Source: Band Statute 1164-MLC-6, § 56.


§ 203. Littering on highways

(a) Any person who shall throw, deposit, place or dump, or cause to be thrown, deposited, placed or dumped upon any street or highway or upon any public, tribal or privately owned land adjacent thereto without the owner's consent any snow, ice, glass bottle, glass, nails, tacks, wire, cans, garbage, swill, papers, ashes, refuse, carcass of any dead animal, offal, trash or rubbish or any other form of offensive matter or any other substance likely to injure any person, animal or vehicle upon any such street or highway shall be subject to a forfeiture not to exceed $500.00

(b)(l) Any person who drops, or permits to be dropped or thrown, upon any highway any of the material specified in subsection (a), shall immediately remove the same or cause it to be removed.

(2) Any person removing a wrecked or damaged vehicle from a highway shall remove any glass or other injurious substance dropped upon the highway from such vehicle.

(c) No person shall drop or hurl any destructive or injurious material or object at or upon any motor vehicle upon any highway or the occupants thereof.

(d)(1) Any person who violates any provision of subsection (b) or (c), shall be subject to a forfeiture not to exceed $500.00.

(2) Any person who violates any provision of subsection (a) or (b)(l) shall be subject to a forfeiture not to exceed $5,000.00.

Historical and Statutory Notes

Source: Band Statute 1164-MLC-6§§57, 58.03.

Cross References

Solid waste, disposal onto highways or roads, see 11 MLBSA § 1009.


§ 204. Littering in natural areas

(a) No person shall drain, throw or deposit upon the lands and waters within a natural area designated by the Commissioner of Natural Resources any substance that would mar the appearance, create a stench, destroy the cleanliness or safety of the land, or would be likely to injure any animal, vehicle, or person traveling upon those lands and waters. The operator of a vehicle or watercraft, except a school bus or a vehicle transporting passengers for hire and regulated by the Interstate Commerce Commission, shall not permit articles to be thrown or discarded from the vehicle upon any lands or waters within a natural area so designated.

(b) Any person who, within the limits of any natural area designated by the Commissioner of Natural Resources shall willfully cut, injure, or destroy any live tree, shrub, timber, evergreen, or ornamental plant of any kind, or who shall willfully injure, remove, destroy, deface, or mutilate any guide-board, guide-post, furniture, fixture, improvement, monument, tablet, or other public or tribal property shall be subject to a forfeiture not to exceed $5,000.00.

(c) The Commissioner of Natural Resources is delegated the authority to designate natural areas for the purpose of subsections (a) and (b). Such areas shall have positive outdoor values which may include but need not be limited to recreation, hunting, fishing, trapping, ricing, scenic beauty, or spiritual significance.

Historical and Statutory Notes

Source: Band Statute 1164-MLC-6, § 58.


§ 205. Litter removal in lieu of forfeiture

The Court of Central Jurisdiction may, in lieu of imposing the forfeiture provided for by 11 MLBSA §§ 202 and 203, permit any person to remove litter from public or tribal lands under the direction of the Commissioner of Natural Resources for a period of time to be set by the Court.

Historical and Statutory Notes

Source: Band Statute 1164-MLC-6, § 58.03.

 

CHAPTER 2

SOLID WASTE DISPOSAL AND RECYCLING

Section
1001. Definitions.
1002. Solid waste handling and storage.
1003. Responsibility of owner or occupant.
1004. Containers.
1005. Timely transfer to collection or disposal sites.
1006. Dumping.
1007. Collection or disposal site operations.
1008. Waste from outside Band territory.
1009. Disposal onto highways or roads.
1010. Public nuisances and health hazards.
1011. Hazardous waste disposal.
1012. Recycling.
1013. Collection and transport.
1014. Fees.
1015. Powers of Tribal Police and Conservation Officers.
1016. Sanctions.
1017. Administration.
1018. Sovereign immunity.

Historical and Statutory Notes

Band Statute 1233-MLC-20, T.II, § 10 provides: "Section 10. Severability. If any provision of this Title or its application to any person or set of circumstances is held invalid, the remainder of the Title or its application to other persons or circumstances shall not be affected."

Cross References

Water standards, Environmental Protection Ordinance, see 11 MLBSA § 118.


§ 1001. Definitions

The following definitions shall apply to the terms listed as used throughout this chapter:

(a) Collection site means those places at which the Band or Band-licensed collectors receive solid waste;

(b) Collector means any natural or legal person, including such person's employees and agents, who gather another person's solid waste;

(c) Hazardous waste means any solid waste deemed hazardous by the U.S. Environmental Protection Agency pursuant to the Resource Conservation and Recovery Act of 1976, (42 U.S.C.A. § 6901 et seq.) as amended;

(d) Resident means any person who has a permanent residence or place of business within the territorial jurisdiction of the Mille Lacs Band, including temporary or seasonal residences or businesses;

(e) Solid waste means all waste, garbage, rubbish, trash and other discarded solid waste material resulting from residential, commercial, agricultural, industrial, community and other human activities, including hazardous waste and liquid waste contained within solid waste, but excluding sewage and related human waste;

(f) Solid waste operator means Mille Lacs Band employees, appointees or contractors who are responsible for the operation and maintenance of any solid waste collection or disposal sites within the territorial jurisdiction of the Band; and

(g) Transfer station means the existing solid waste collection site owned by the Mille Lacs Band for the purpose of collecting, transporting, and disposing of solid waste.

Historical and Statutory Notes

Source: Band Statute 1233-MLC-20, T.II, § 2.


§ 1002. Solid waste handling and storage

Solid waste within the territorial jurisdiction of the Mille Lacs Band shall be handled, stored, collected, transported, transferred, processed and disposed of in accordance with the provisions of this chapter.

Historical and Statutory Notes

Source: Band Statute 1233-MLC-20, T.II, § 3.


§ 1003. Responsibility of owner or occupant

Except as otherwise provided in this chapter, the owner or occupant of any premises shall be responsible for the sanitary storage of all of the solid waste produced by such person and accumulated at the premises. Unless otherwise provided for in a written rental agreement or lease, the tenant of any single-unit detached residence and the landlord of any multi-unit residence shall be responsible for the provision and maintenance of solid waste storage containers pursuant to 11 MLBSA § 1004.

Historical and Statutory Notes

Source: Band Statute 1233-MLC-20, T.II, § 3.01.


§ 1004. Containers

Solid waste shall be stored in durable, rust resistant, nonabsorbent, water tight, rodent-proof and easily cleanable containers possessing a close-fitting, insect-tight cover.

Historical and Statutory Notes

Source: Band Statute 1233-MLC-20, T. II, § 3.02.


§ 1005. Timely transfer to collection or disposal sites

Solid waste shall be transferred to Band approved collection sites or E.P.A. approved disposal sites in a timely manner, in order to prevent noxious odors and other public nuisances or health conditions, by the person responsible for the provision and maintenance of solid waste storage containers.

Historical and Statutory Notes

Source: Band Statute 1233-MLC-20, T.II, § 3.03.


§ 1006. Dumping

No person shall leave, deposit, or dump solid waste within the territorial jurisdiction of the Mille Lacs Band, except that solid waste may be temporarily deposited in storage containers pursuant to 11 MLBSA §§ 1002 to 1005 and may be deposited at approved collection and disposal sites.

Historical and Statutory Notes

Source: Band Statute 1233-MLC-20, T.II, § 4.


§ 1007. Collection or disposal site operations

Solid waste disposal at approved collection or disposal sites within the territorial jurisdiction of the Band shall only be in the manner and during the posted daytime hours of operation prescribed by the Public Works Commission.

Historical and Statutory Notes

Source: Band Statute 1233-MLC-20, T.II, § 4.01.


§ 1008. Waste from outside Band territory

No person shall dispose of solid waste generated on lands outside the territorial jurisdiction of the Band, nor shall a non-resident dispose of any solid waste, on lands within the territorial jurisdiction of the Band without the permission of the Band.

Historical and Statutory Notes

Source: Band Statute 1233-MLC-20, T.II, § 4.02.


§ 1009.
Disposal onto highways or roads

No person shall dispose of solid waste from any stopped or moving vehicle onto federal, state, county or Band highways, roads or right-of-ways within the territorial jurisdiction of the Band.

Historical and Statutory Notes

Source: Band Statute 1233-MLC-20, T.II, § 4.03.

Cross References

Littering on highways, see 11 MLBSA § 203.


§ 1010. Public nuisances and health hazards

No person shall dispose of or burn solid waste on any lands within the territorial jurisdiction of the Band in a manner that is likely to cause a public nuisance or health hazard.

Historical and Statutory Notes

Source: Band Statute 1233-MLC-20, T.II, § 4.04.

Cross References

Nuisance, see 24 MLBSA § 301 et seq.


§ 1011. Hazardous waste disposal

Hazardous waste shall not be disposed of on lands within the territorial jurisdiction of the Band.

Historical and Statutory Notes

Source: Band Statute 1233-MLC-20, T.II, § 4.05.


§ 1012. Recycling

The Public Works Commission shall seek assistance from county, state, federal and other sources for the purposes of developing and maintaining a waste recycling program and collection site for the Band for the purposes of reducing waste and disposal costs and conserving natural resources. The Commission shall encourage residents to cooperate with waste recycling programs.

Historical and Statutory Notes

Source: Band Statute 1233-MLC-20, T.II, § 5.


§ 1013. Collection and transport

(a) All solid waste shall be transported in a manner which prevents the waste from leaking, blowing or falling off of the transport vehicle.

(b) Commercial vehicles or containers used for the collection and transportation of solid waste shall be covered, leak-proof, durable and of easily cleanable construction. The vehicles and containers shall be cleaned regularly in order to prevent nuisances, pollution and insect breeding and shall be maintained in good repair.

(c) Commercial collectors and transporters of solid waste shall be required to obtain a license from the Public Works Commission prior to commencing any collection or transportation activities on lands within the territorial jurisdiction of the Mille Lacs Band. Obtaining a license pursuant to this Section does not exempt a person or entity from any other provision of the Mille Lacs Band Statutes Annotated requiring a license or permit in order to conduct business.

Historical and Statutory Notes

Source: Band Statute 1233-MLC-20, T.II, § 6.


§ 1014. Fees

The Public Works Commission shall establish fees to be charged to individuals and businesses for the disposal of solid waste at designated collection and disposal sites. These fees shall be reviewed at least annually by the Commission.

Historical and Statutory Notes

Source: Band Statute 1233-MLC-20, T.II, § 7.


§ 1015. Powers of Tribal Police and Conservation Officers

All Mille Lacs Band Tribal Police and Conservation Officers shall be empowered to enforce this chapter.

Historical and Statutory Notes

Source: Band Statute 1233-MLC-20, T.II, § 8.


§ 1016. Sanctions

(a) A fine, not to exceed $5000.00, may be imposed for each violation of this chapter. Each day during which a violation exists shall constitute a separate violation. Any personal property, including vehicles and other equipment, which has been used in connection with a violation may be seized and forfeited.

(b) In addition to any judicially imposed sanctions, the Public Works Commission may revoke the license of any violator of this chapter.

(c) Nothing herein shall prevent the Mille Lacs Band or an individual party from bringing suit in the Court of Central Jurisdiction in order to obtain injunctive relief or money damages because of a violation of this chapter.

Historical and Statutory Notes

Source: Band Statute 1233-MLC-20, T.II, § 8.

Cross References

Nuisance, see 24 MLBSA § 301 et seq.


§ 1017. Administration.

The Mille Lacs Band of Chippewa Indians-Public Works Commission shall temporarily be responsible for the administration of this chapter and of any Band-owned solid waste collection facilities or systems.

Historical and Statutory Notes

Source: Band Statute 1233-MLC-2O. T.II, § 1.

Cross References

Public Works Commission, see 13 MLBSA § 1 et seq.


§ 1018. Sovereign Immunity

Nothing contained in this chapter shall be construed as a waiver of sovereign immunity by the Mille Lacs Band of Chippewa Indians.

Historical and Statutory Notes

Source: Band Statute 1233-MLC-20, T.II, § 9.

Amendments received through: August 29, 2003

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