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Bad River Band of the Lake Superior Tribe of Chippewa Indians of the Bad River Reservation, Wisconsin - Tribal Law

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Bad River Band of the Lake Superior Chippewa Indians Tribal Code.

4.04.120 Injunctions, Civil Damages, Civil Forfeitures, and Other Remedies

(a) Injunctions, Civil Damages, Civil Forfeiture, Other Remedies

The Bad River Tribal Court may impose any of the following for violations of this chapter, singly or in any combination:

(1) Immediate injunction;

(2) Restitution for damages caused by violations, including civil damages for any harm to any Tribal resource;

(3) Civil forfeiture not exceeding $5,000. Each day of any continuing violation may be charged as a separate violation, and a separate forfeiture may be imposed.

(4) In addition to a civil forfeiture, any personal property, including vehicles and other equipment, which has been used in connection with the violation of this Ordinance, may be seized and forfeited pursuant to the appropriate sections of the Tribal Court Code. Seizure of tanks installed equipment and materials or other items which are too impracticable to move may be effected by posting a copy of the citation on or near the item seized until an appropriate remedy or practicable removal method is determined.

(5) Restitution for costs of enforcement incurred by the POWTS Inspector, Conservation Wardens, Tribal Law Enforcement and the Tribal Court.

(b) Citizen Suit Damages

(1) The Bad River Tribal Court may award damages to individuals who successfully bring suit demonstrating harm from the actions of any person found in violation of this chapter.

(2) Citizen suit damages are separate from and may be in addition to and may duplicate any damages requested by the Tribe under this section.

(c) Abatement of Imminent Threat/Emergencies

In the event of imminent threat to persons or the environment, the POWTS Inspector, or other authorized persons may issue immediate cease and desist orders, injunctions, and closures and may post premises with such orders. Administrative review of such action shall be held within ten (10) days of the action. The POWTS Inspector or other authorized persons and the Tribe shall not be liable for damages incurred by good faith action on their part in addressing real or perceived imminent threats or harm.

Original url: https://law.badriver-nsn.gov/us/nsn/badriver/council/code/4.04.120

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