CONFEDERATED TRIBES AND BANDS OF THE YAKAMA NATION

CONFEDERATED TRIBES AND BANDS OF THE

YAKAMA NATION

Solid Waste Program

Session 2: Tribal Case Study

The Role of Tribal Solid Waste Codes

May 20111

Today’s Presentation

• Present the Amended Solid Waste Codes

What was happening that required us to review and amend our Codes

• Some of the steps we took to develop our Codes

• Review of the proposed Solid Waste Code

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The Ancestral Homeland of the Yakama Nation is located within the Mid-Columbia River Basin and Covered Approximately 25%

of the present day state of Washington.

http://www.critfc.org/text/yakama.html

http://www.cowlitz.org/

http://www.chehalistribe.org/

http://www.shoalwaterbay-nsn.gov/

http://www.nisqually-nsn.gov/

http://www.muckleshoot.nsn.us/

http://www.goia.wa.gov/Tribal-Information/Tribes/puyallup.htm

http://www.squaxinisland.org/

http://www.skokomish.org/

http://www.snoqualmienation.com/

http://www.goia.wa.gov/Tribal-Information/Tribes/suquamish.htm

http://www.pgst.nsn.us/

http://209.206.175.157/

http://www.goia.wa.gov/Tribal-Information/Tribes/hoh.htm

http://www.jamestowntribe.org/

http://www.goia.wa.gov/Tribal-Information/Tribes/quileute.htm

http://www.elwha.org/

http://www.makah.com/

http://www.colvilletribes.com/

http://www.colvilletribes.com/

Today, the Yakama Nation occupies 1.4 million acres. It is the largest Reservation of the 29 federally recognized Indian Tribes in

Washington State. There are presently approximately 10,100 enrolled members.

Source: U.S. Department of Interior, Bureau of Indian Affairs, Tiller’s Guide to Indian Country, Economic Profiles of Am.

Indian Reservations (1998)

Goal of the Solid Waste Program

Develop a tribally administered and sustained integrated solid waste management system that is economical, environmentally safe, and incorporates ancestral ecological knowledge into its practices.

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Goal of the Solid Waste Program

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How Do We Go About Doing This?

There are five fundamental components that form the core of any integrated solid waste management program1. Solid Waste Management Plan

2. Solid Waste Codes, Ordinance, Regulations

3. Enforcement Mechanisms

4. Viable Solid Waste Disposal Options

5. Community Outreach and Education

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TODAY WE ARE ADDRESSING ONE OF THESE ELEMENTS

Update the Solid Waste Codes to reflect current situation and practices

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WHAT ARE CODES

• Tribal Laws/Codes

• Black's Law Dictionary defines the word "code" as a systematic collection ... of laws, rules, or regulations. A(n) ... official compilation of laws ... consolidated and classified by subject matter.”

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The Solid Waste Code

• Creates a framework for the Yakama Nation to establish rules, policies and regulations that protect public health, the environment and the natural resources of the Yakama Nation

• Asserts the Tribe’s inherent regulatory authority to manage solid waste

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Reasons to Amend the Solid Waste Codes

• Changed circumstances on how waste is currently managed on the Reservation.

• County is attempting to expand jurisdiction on Reservation

• Increase in and cost of illegal dumping

• Protection of public health, the environment and resources of the Yakama Nation

• Ensure the sustainability of the Solid Waste Program through grants and fees 11

Changed Circumstances

• The last Yakama Nation Solid Waste Management Plan was developed in 1976 and adopted by Tribal Council resolution in 1977 (T-119-77)

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Reasons: ChangesClosure of Tribal Landfill

• To comply with federal Solid Waste Disposal regulations, RCRA, the Nation closed its landfill in 1993.

• Collection was contracted out to Waste Management

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Reasons: ChangesContracting out of Collection

• In 2000, T-119-77 was amended to contract with Yakima Waste Systems, Inc. as the sole hauler of waste on the Reservation, with the exception of the towns of Wapato and Toppenish.

• The Nation has a contract with YWS, Inc. until 2013

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Notice of Violation

sent to Tribal member.

Reasons: Jurisdiction on the Yakama Indian Reservation over Nuisance

Abatement Actions –

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Reasons: Jurisdiction on the Yakama Reservation

While the Yakama Nation is a large Reservation - It is also a checkerboard which raises many challenges.

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Jurisdiction on the Yakama Indian Reservation over Nuisance

Abatement Actions –Letter to Yakima County, March 2009

It has come to the attention of the Yakama Nation that over the past two months, Yakima County has asserted jurisdiction over the Yakama Indian Reservation and issued two Nuisance Notices and Orders pursuant to YCC Chapter 13.11, and IPMC §§ 103.2, 104.1.

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Jurisdiction on the Yakama Indian Reservation over Nuisance Abatement

Actions

The Nation respectfully brings this to your attention as the actions of Yakima County raise issues concerning protocol and impermissible infringement on tribal self-government.

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Actions

The Yakama Nation has a Solid Waste Program and a Solid Waste Code. The Solid Waste Program has been cleaning up illegal dumping on the Reservation for 34 years

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Actions

In the past two years, we have removed over 200 tons of illegally dumped garbage at a cost to the Nation of $72,300 and have worked with the Department of Ecology to clean and remove over 3,540 tons of tires at a cost of $670,300.

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Actions -

The Nation has the inherent sovereign power to impose its Solid Waste Code on the Reservation, including on non-Indian owned fee land. See Thomsen v. King Cnty., 694 P.2d 40, 46 (Wash. Ct. App. 1985); see also Cardin v. De La Cruz, 671 F.2d 363, 366 (9th Cir. 1982), cert. denied, 459 U.S. 967 (1982). Accordingly, the Nation is understandably concerned because the County did not first establish a protocol to work with the Yakama Nation before asserting its jurisdiction on the Reservation.

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Actions

In light of existing tribal Solid Waste regulations and the common goal of protecting the property rights of all Reservation citizens, the Yakama Nation would like to establish a protocol for a respectful working relationship between Yakima County and the Nation.

(excerpts from letter to Vern Redifer, Yakima County Public Services, March 2009) . No response was received from the County.

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Actions

At present the Yakima County Public Works Division is infringing upon the Yakama Nation and its INHERENT AUTHORITY to govern all activities as it pertains to the collection of Solid Waste within the exterior boundaries of the Yakama Nation Reservation.

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Jurisdiction on the Yakama Indian Reservation Over Nuisance Abatement

Actions

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The new Law & Order Code Title 77 has established a permit process that requires all entities that chose to handle Solid Waste within the exterior boundaries of the Yakama Nation Reservation must first obtain a permit and pay a fee to enter into this activity.


Actions

Yakima County Public Works has come onto the reservation and condemned and demolished a private residence and placed a lien on the property until the owner reimburses the County for their costs.

Yakima Herald Republic 1/13/09

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Actions

The County has issued a “Notice to Abate” to two other properties within the reservation boundaries that are owned by enrolled members of the Yakama Nation. If the property owners do not comply with the notice the County will proceed with abatement and place a lien on their property, this is a modern day land grab.

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Reasons: Changes Amount of Waste Generated

• In 1976 the population on the Reservation was approximately 25,000.

•In 2000 the population was approximately 31,799•30,519 tons per year•84 tons per day •4.9 pounds per resident per day

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Changes…Fee Increases

Garbage Tipping Fee

2008 2009 2010/11

$24.05/ton $28.00/ton $35 - $60/ton

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• In 1995 a Solid Waste Disposal on the Yakama Indian Reservation - Site Assessment and Program Management Study was conducted.

• The study identified 132 opened and/or covered dump or landfill.

Illegal Dumping

Source: Solid Waste Disposal at the Yakama Indian Reservation: Site Assessment and Program Management Study, 1995 – Lynn Zender

and George Tchobanoglous, Department of Civil Environmental Engineering, University of California, Davis, CA.

Map of Illegal Dump SitesThis was a big problem as

there were hundreds of illegal dumps scattered

throughout the Reservation.

Illegal Dump Site Clean Ups

Annie Moses Road – A 60 Ton and $9,000 Clean Up

Cleaned and Closed White Swan DumpThis site was a repeat

dumping area which was costing the Nation

approximately $45,000 year to clean.

Tire Pile Clean Up 2,882 Tons of Tires

Actions October 6, 2006 – November 6, 2007

This black area is not a body of water. It is a photo from Google earth showing a sea of tires

Tracking and Cost of Illegal Dumping

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SITETOTAL SITES

ASSESSEDCLEANED

AND CLOSED

TONNAGE

COST

TOTAL ORIGINAL

133 70 49 122.57 $25,366.07

TOTAL NEW 151 139 84 218.63 $54,341.49

TOTAL NEW OTHER

8 8 8 258.06 $87,213.24

TOTAL TIRE 7 7 7 3,554.23 $670,361.00

TOTAL WITH OUT TIRES

292 217 141 599.05 $166,920.80

TOTAL 299 224 148 4,153.28 $837,134.04

ILLEGAL DUMPING

Illegal dumping is the most expensive form of waste disposal. It costs the Yakama Nation $720 per ton to clean this up.

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Community Garbage Survey Results – Effective Ways to

Reduce Illegal DumpingMethods favored:

Fines 47%Provide garbage drop-off 47%Encourage garbage pick-up 19%

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Law and Order Code

WHAT ARE CODES

• Tribal Laws/Codes

• Black's Law Dictionary defines the word "code" as a systematic collection ... of laws, rules, or regulations. A(n) ... official compilation of laws ... consolidated and classified by subject matter.”

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RESEARCH AND REFERNCES

• TRIBAL COURT CLEARING HOUSE

A Project of the Tribal Policy Law Institute• http://www.tribal-institute.org/lists/codes.htm• http://www.tribal-institute.org/codes/

part_nine.htm

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References

• http://www.municode.com/library/clientCodePage

• Google Various County Solid Waste Codes

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ASK FOR ASSISTANCE

• We asked our Office of the Prosecutor, Chief Prosecutor, David Lees to assist us in refining our codes.

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AMENDED SOLID WASTE CODE

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IN THE MATTER OF THE ESTABLISHMENT OF MINIMUM STANDARDS REGULATING THE STORAGE, COLLECTION, TRANSPORTATION AND DISPOSAL OF SOLID WASTE, ESTABLISHMENT OF A YAKAMA NATION COLLECTION SYTEM, COLLECTION FEES, DISPOSAL FACILITY, DISPOSAL FEES, PERMIT SYSTEM FOR COLLECTION AND DISPOSAL SYSTEMS, PERMIT FEES, PROVIIDING A PENALTY FOR VIOLATION THEREOF, AND DECLARING AN EMERGENCY.

77.01.01Finding And Purpose pg 1

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A. Solid waste includes waste from residential, commercial and institutional sources, such as durable and nondurable goods, containers and packaging , food scraps, yard trimmings, organic and inorganic wastes, construction and demolition debris, household hazardous waste and other special waste.

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B. The existing disposal systems are limited and facilities are being managed by Yakima County, thereby creating a situation whereby an adequate solid waste management system is not provided for the majority of Yakama Reservation residents.

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77.01.01Finding And Purpose pg. 1

C. It is deemed to be in the best interest of the Yakama Nation that a solid waste management system be established and that regulation of such operations is necessary to :

(1) Protect and enhance the public health and environmental quality; and

(2) Manage the solid waste resources, which are a natural resource of the Yakama Nation

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77.01.03: Committee- Authority and Powers pg 2

A. THE COMMITTEEThe Committee is authorized to carry out all

applicable provisions of this Code, to promulgate all necessary regulations consistent with this Code, and to enforce any orders or decrees of the Tribal Court which relate to the subject matter of this Code.

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77.01.05 Committee- Authority and Powers pg.2

(B)MANDATORY DUTIESThe Committee shall:(1)Provide for the continued operation and maintenance of

a solid waste management system;(2)Provide for the safe and sanitary disposal of solid waste

by the establishment of an integrated solid waste management system which includes a combination of any of the following:

i. Source reductionii. Recyclingiii. Combustioniv. Landfilling 48

77.01.03 Committee- Authority and Powers pg.2

(B)MANDATORY DUTIES (3)Provide for the continued operation and maintenance

of the solid waste management system by the establishment of an adequate revenue source, through the charging of fees to be established by regulation.

(C)BUDGETThe Committee is authorized to prepare an annual budget

reasonably calculated to carry out the provisions of this Code.

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77.01.05 Definitions

Refer to pages 3 - 14

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77.01.07 SOLID WASTE MANAGEMENT PROGRAM-

OPERATING AUTHORITY pg.14

A. Solid Waste Management Program: The Solid Waste Management Program shall be the operating authority for all solid waste management an disposal. The Solid Waste Management Program is authorized to provide services directly or contract for services to be provided.

B. Collection and Transportation Responsibility: The Yakama Nation through the Solid Waste Management Program shall provide directly or by contract for the comprehensive, coordinated, and efficient collection, transportation, disposal, and other management of solid waste within the Service Areas established by regulation.

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OPERATING AUTHORITY pg 14

B. (con’t.) Collection and Transportation Responsibility: The Solid Waste Program has exclusive authority to contract for collection and transportation responsibilities. No other Yakama Nation Program or Yakama Nation Enterprise may contract for collection and transportation responsibility without written authorization for the Solid Waste Management Program.

C. Yakama Nation Disposal Sites: Yakama Nation disposal sites shall be established by regulation and maintained in accordance with regulation; and shall be overseen by the Solid Waste Management Program.

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OPERATING AUTHORITY pg 15

D. Solid Waste Management Permit: The Solid Waste Management program shall have authority to issue permits and collect fees for the issuance of said permits pursuant to Section 77.01.11.

E. Operating Fees and Costs: The Solid Waste Management Program shall collect fees and costs for the management and disposal of waste as established by regulation. The collected fees and costs shall be dispersed to the Solid Waste Management Program's Self-Funded Account, for the exclusive use of the Solid Waste Management Program. 53

77.01.09 JURISDICTION AND RESERVATION OF RIGHTS pg 15

A. This Code applies to all persons found within the exterior boundaries of the Reservation.

B. This Code applies to all Yakama members or Yakama businesses found or operating at usual and accustomed areas not within the exterior boundaries of the Reservation, pursuant to the rights reserved by the Treaty of June 9, 1855 (12 Stat. 951).

C. The Yakama Nation assumes and retains jurisdiction over all lands, waters, and airspaces not within the exterior boundaries of the Reservation as permitted by any law, treaty, convention, charter, compact, and/or any other agreement. This Code applies to all persons engaging in any act within said assumed and retained jurisdiction. 54

77.01.09 JURISDICTION AND RESERVATION OF RIGHTS pg 15

D. This Code preempts any state jurisdiction, and it is no defense that an activity is lawful under state law.

E. The Tribal Court shall have exclusive jurisdiction over all violations of this Code.

F. Nothing in this Code, or in any such regulations adopted pursuant hereto, shall diminish the rights reserved to the Yakama Nation and its members of the Treaty of June 9, 1855 (12 Stat.951), or deprived the Tribal Council of the right to modify, amend or repeal this Code. 55

77.01.11 ISSUANCE OF SOLID WASTE MANAGEMENT PERMITS;

APPROVED/DENIED –APPEALS pg. 16

A. Notice – Solid Waste Management Permits: Every person who operates a business shall maintain a Solid Waste Management Permit, if required by the Solid Waste Management Program. Failure to maintain a required Solid Waste Management Permit is a violation of this Code pursuant to Section 77.01.15 (L). This notice is to be posted at the Solid Waste Management Program. 56


APPROVED/DENIED –APPEALS pg. 16

B. Issuance of Solid Waste Management Permits: The Solid Waste Management Program may issue a Solid Waste Management Permit to any person operating a business subject to the justification of the Yakama Nation and meeting the requirements of this Code and any regulations past there under. The Solid Waste Management Program may charge an annual permit fee, as established by regulation, for the issuance of the Solid Waste Management Permit.

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APPROVED/DENIED – APPEALS pg. 16

B. (Con’t) The annual permit fee shall be based upon the following criteria: (1) risks to the environment or public health; (2) potential clean up costs; and (3) amount of solid waste generated, possessed, and/or transported. The collected annual permit fee shall be dispersed to the Solid Waste Management Program Self-Funded Account.

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C. Applicants: Every person, within thirty (30) days of commencement of a business subject to the jurisdiction of the Yakama Nation, shall submit an application for issuance of a Solid Waste Management Permit. Applicants for such permits shall provide all of the following:

1) Setting out the nature of the business2) Fully describing the operation, the proposed areas to

be served, the number and type of vehicles to be used; and

3) Providing such other information, as required by regulation.

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APPROVED/DENIED – APPEALS pg. 17C. (Con’t) This information shall be filed with the Solid Waste

Management Program who shall make a determination on whether the permit is necessary and within the public interest of the Yakama Nation. If it is determined that the issuance of a permit is necessary and appropriate, the Solid Waste Management Program shall issue the applicant a permit to operate; otherwise it shall be denied. Within five (5) days of the date of denial of any application for permit, the applicant shall have the right to file, in writing an appeal to the committee, who shall hold a hearing within (30) days of the date of receipt of the notice of appeal. The notice of appeal shall set out the basis for the appeal, and shall be accompanied by a two hundred fifty dollar ($250.00) filing fee. 60



C. (Con’t) The collected filing fees shall be dispersed to the Solid Waste Management Program’s Self-Funded Account, for the exclusive use of the Solid Waste Management Program. At such hearing, the appellant shall be entitled to produce evidence establishing the necessity for issuance of the permit, and indicating that the issuance of the permit is the best interest of the Yakama Nation. The burden of establishing such factors shall rest with the applicant.

Violation of this Section by an Indian is an enhanced offense and by a non-Indian a civil offense. 61

77.01.13 WASTE STORAGE pg. 17, 18

A. Storage Responsibility: The owner, lessee, or occupant of any premise or business establishment shall be responsible for the safe and sanitary storage and containment of all waste so as not to attract rats, flies, mosquitoes, and other disease carrying vectors, or create a safety hazard or nuisance. The storage area and reusable containers shall be maintained in a clean and nuisance fee condition. 62

77.01.13 WASTE STORAGE pg. 18

A. (Con’t) Provisions shall be made for sanitary disposal of leakage and drainage water from containers and storage areas. Spillage shall be returned to containers.

B. Approved Containers and Exemptions: The requirements for approved containers and exemptions shall be established by regulation.

C. Temporary Storage: Temporary storage shall be consistent with established regulations.

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77.01.13 WASTE STORAGE pg. 17, 18

D. Agricultural Waste Storage: Agricultural waste shall be stored consistent with established regulations to minimize nuisance, fly, rodent, odor and water pollution problems.

E. Hazardous Waste Storage: Hazardous waste shall be properly labeled and stored inaccessible to the public. Hazardous waste storage shall be consistent with established regulations. 64

77.01.13 WASTE STORAGE pg. 18

F. Medical Waste Storage: Medical waste shall be properly labeled and stored inaccessible to the public. Medical waste storage shall be consistent with established regulations.

G. Violation of this Section by an Indian is a greater offense and by a non-Indian is a civil offense.

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77.01.15 General Offenses pg. 18, 19

A. Abandoned /Junk Cars - pg. 18Enhanced offense and civil offense

B. Abandoned Iceboxes and Other Containers – lesser/civilC. Child Abuse or Neglect – greater offense/civil offenseD. Cultural Site Damage – Disposal- enhanced/civil E. Hazardous Waste – Disposal- enhanced/civilF. Illegal Waste Disposal - > 1 uncompacted cf-

greater/civilG. Injury to Public Property-greater/civil

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77.01.15 General Offenses pg. 20,21

H. Littering: < less than one uncompacted cf – lesser/civilI. Maintaining a Public Nuisance – enhanced/civilJ. Environmental Malicious Mischief - -greater/civil K. Misuse of Disposal Facilities and other Containers –

i.e., longhouses and churches-greater/civilL. Operating a Business without a Required Solid Waste

Management Permit –enhanced/civilM. Unsecured Load – Escape – greater/civilN. Violation of Regulations – lesser /civil

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77.01.15 General Offenses pg.21

O. Sections of the Law and Order Code repealed:10.01.07 Abandoned Iceboxes10.01.97 Injury to Public Property10.01.103 Littering10.01.105Maintaining a Public Nuisance

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77.01.17 Criminal Sanctions pg. 21, 22,23

• A violation of any provision of this Code by a Yakama member or a non-member Indian shall be a criminal offense, designated by this

Code as either a lesser offense, greater offense, or enhanced offense depending on the severity of the crime.

• Note: Non Indian offenses are handled under Civil Fines – following slides.

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77.01.17 Crimminal Sanctions pg. 21,22,23

• LESSER OFFENSE – by imprisonment for a maximum term of not more than 90 days, or a fine in the amount of no more than $500.00 dollars.

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77.01.17 Crimminal Sanctions pg. 21,22,23

• Greater Offense– by imprisonment for a maximum term of not more than one hundred eighty days (180) days, or a fine in the amount of no more than five thousand dollars ( $5,000.00 ) or both.

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77.01.17Crimminal Sanctions pg.21,22,23

• Enhanced Offense by imprisonment for a maximum term of not more than three hundred sixty-five (365) days, or a fine in the amount of no more than five thousand dollars ( $5,000.00 ) or both.

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77.01.19 Civil Fine, Restitution, Costs, Forfeiture and Suspension

pg. 23

A. A violation of this Code by a non-Indian shall be a civil offense in which the Tribal Court may order payment of a civil find and restitution. The Court may also order the violator to pay court costs and attorney fees and costs. The court may order a forfeiture of any bail, bond and any type of surety, as well as seize property or evidence. May suspend the business license/permit for 2 years. 73


pg. 23

B. Solid Waste Management Program shall annually prepare a schedule of civil fines and restitution amounts, which shall be dollar determinations calculated to closely approximate the cost of the providing for the damage or loss caused by each violation of this Code and/or regulation adopted under this Code.

Note: see sample of illegal dumping and litter fines74


pg. 23,24

B. (Con’t) In calculating these amounts, the Committee may include:

1) Costs of producing and/or protecting the resource;2) Costs of replacing or restoring the resource;3) Costs of enforcement; 4) Loss of revenue5) Damages for trespass; and6) Costs incurred for attorney’s fees in Court.

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pg. 24

C. Pending approval of initial schedule of civil fines and restitution amounts by the Committee, the following apply for each violation of this Code:

1. The civil fine is one hundred and fifty dollars ($150.00); and

2. The minimum restitution amount is two hundred and fifty dollars($250.00) and an additional amount may be imposed upon submission of a cost bill.

NOTE: This will change once the Committee establishes and approves new fees.

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pg. 24

D. All non-members shall be deemed to have consented to the civil fine and restitution provisions of this Code by their entry onto the Reservation and/or the locations subject to the jurisdiction of the Yakama Nation, and where applicable, by the their signature on a permit or permit is issued under this code.

E. The Solid Waste Management Program shall publish the schedule of civil fines and restitution amounts under this Section and have it made available to the public at the Yakama Nation Agency, Toppenish, WA .

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77.01.21:LAW ENFORCEMENT pg. 24, 25

• All Law enforcement Officers shall have the authority to enforce the provisions of this Code and regulations adopted thereunder. All Law Enforcement Officers shall have authority to enter all Closed Areas and other lands and waters of the Yakama Nation without permit. Such entry shall not constitute a trespass.

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77.01.23:TRIBAL PROSECUTOR. pg. 25

• The Tribal Prosecutor shall have authority to enforce the provisions of this Code and regulations adopted thereunder, as well as exclusive authority to prosecute any person for violations of this Code and regulations adopted thereunder. The Tribal Prosecutor shall have authority to enter all Closed Areas and other lands and waters of the Yakama Nation without permit. Such entry shall not constitute a trespass.

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77.01.25:ARRESTS, WARRANTS, SUBPOENAS, AND SERVICE OF

PROCESS. PG. 25 Any Law Enforcement Officer may, in addition to exercising any

other powers granted in this Code , do the following:

A. Make arrest of a Yakama member or a non-member Indian when probable cause has led the Law Enforcement Officer to believe a violation of this Code is occurring or has occurred.

B. Execute warrants issues by the Tribal Court for arrest of Yakama members or non-member Indians who have violated the provisions of this Code.

C. Execute search warrants issued by the Court…

D. Serve subpoenas or other legal document issued in matters arising under this code.

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77.01.27: SEARCHES AND SEIZURES. pg 25, 26

A. Any Law Enforcement Officer may, without a search warrant, search any aircraft, watercraft, vehicle, box, game bag, locker, backpack, bedroll, sleeping bag, or other container or package if the officer has probable cause to believe that any contraband or parts thereof kept or stored in violation of this Code, or the instrumentalities of such are contained therein.

B. This section is not be construed to permit the warrantless search of any non-mobile dwelling house (including mobile/modular homes) or any outbuildings within the enclosed land surrounding it. 81

77.01.27:SEARCHES AND SEIZURES Pg 26

C. Any Law Enforcement Officer may inspect all solid waste stored, possessed, or transported, and may seize/secure as evidence all such solid waste which such officer has probable cause to believe has been stored, possessed, or transported in violation of this Code, and any object which the officer has probable cause to believe has been used as the instrumentality of such illegal conduct.

D. The Court may subject to forfeiture, by court order, any contraband, or any personal property used in a violation of this Code and seized/secured by a Law Enforcement Officer.

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77.01.29:CIVIL CITATION AND CIVIL COMPLAINT Pg 26

A. A civil citation constitutes a notice of civil infraction or violation by a non-Indian and shall satisfy all requirements for filing of a civil complaint in Tribal Court und RYC Chapter 7.01.

B. If, after identification, a Law Enforcement Officer determines that the suspected violator is not an Indian the officer shall issue to him or her a civil citation for the violations alleged, and release the suspected violator after he or she has signed the citation. Civil citations issued subsequent to an investigation shall be served on the defendant by both certified mail and first class mail. Certification of service of the citation shall be indicated on the face of he citation by issuing officer. One copy of the citation shall be filed by the issuing officer with the Court.

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77.01.29:CIVIL CITATION AND CIVIL COMPLAINT Pg 26

C. Any defendant named in the civil citation who does not contest the determination that the violation(s) took place shall, within fifteen (15) days from the date of the citation, respond by completing the appropriate portion of the citation and submitting it by mail or in person to the Court. A check or money order in the amount of the civil fine set out in the citation must be submitted with the response.

D. When a response under this subsection is received, an appropriate notation shall be entered into the Court’s records. No further proceedings for a particular violation shall be initiated against any defendant who pays the civil fine for such violation.

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77.01.29:CIVIL CITATION AND CIVIL COMPLAINT Pg 26,27

E. If the defendant named in the civil citation wishes to contest the determination that the violation(s) took place, or wishes to explain mitigating circumstances surrounding the violation, the defendant shall, within fifteen (15) days of the date of the citation, respond by

completing the portion of the citation requesting a hearing for such purpose and shall submit it either by mail or in person to the Court.

F. The Tribal Prosecutor may file a civil complaint against the defendant in lieu of the foregoing procedures.

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77.01.31:CRIMINAL CITATION AND CRIMINAL

COMPLAINT. Pg 27A. A criminal citation constitutes a notice of a criminal offense by a

Yakama member or a non-member Indian and shall satisfy all requirements for the filing of a criminal complaint in Tribal Court under Section 6.01.03. The Tribal Prosecutor may file a criminal complaint against the defendant in lieu of a criminal citation.

B. If after identification the suspected violator is determined to be a Yakama member of non-member Indian, the Law Enforcement officer shall issue him or her a criminal citation, and release the suspected violator after he or she has signed the citation, unless he or she is otherwise subject to arrest according to tribal laws governing the arrest of persons on citable offenses.

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77.01.33: BOND. Pg 28

If a suspected violator refuses to sign a civil citation or a criminal citation, or refuses to be identified, or is not a Yakama member and not a permanent resident of the Reservation, and if the Law Enforcement Officer determines that:A. Seizure of the suspected violator’s property is necessary to

secure the important tribal interest of guaranteeing the presence within tribal jurisdiction of sufficient assets of the suspected violator to secure payment of the civil fine and restitution determined by the Court to have resulted form the violation of this Code, or in the case of a criminal citation to insure presence at trial, and 87

77.01.33: BOND. Pg 28

B. There is need for prompt action because it is likely that the suspected violator will leave the Reservation and tribal jurisdiction with his or her property and not return, then the Law Enforcement Officer may demand that the suspected violator post a bond in an amount equal to the sum of the civil fine and restitution or bail for which he or she could be found liable by the Court for ht e violation(s) the officer has alleged in the civil citation or criminal citation.

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77.01.35: BOND and STORAGE. Pg 28

Within two (2) business days of being posted all cash bonds shall be deposited in a trust account established by the Court. All bond property shall be deposited with Tribal Police in secure storage within twenty-four (24) hours of being posted.

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77.01.37:DISPOSITION OF SEIZED OR FORFEITED PROPERTY. Pg 29

• All money derived from the sale of any forfeited property shall be disbursed to the Solid Waste Management Program’s Self Funded Account, for the exclusive use of he Solid Waste Management Program.

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77.01.39: DISPOSITION OF FINES AND OTHER MONIES pg. 29

Except as otherwise provided within this Section, all fines or other monetary penalties owed to the Yakama Nation collected for violations of this Code or regulations adopted thereunder shall be disbursed to the citing Yakama Nation Self Funded Account which is either the YN Tribal Police or YN Solid Waste Self Funded Account.

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77:01.41 YAKAMA NATION SOLID WASTE ADVISORY

COMMITTEE pg. 29

The Yakama Nation Solid Waste Advisory Committee, (YN-SWAC), shall consist of a minimum of five (5) members each of whom shall be active in the management or enforcement of solid waste laws.

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COMMITTEE pg. 29

There shall be two classes of members:A. Permanent Members: The five (5) permanent

full voting members of the YN-SWAC shall be: Facility Management Program Manager, the Program Manager for the Solid Waste Program or designee; the Yakama Nation Tribal Prosecutor; the Yakama Nation Police Chief; and the Chair for the Committee; and

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COMMITTEE pg. 30

• There shall be two classes of members:B. Elected Members: Elected members may be

selected by majority vote of the Permanent members of the YN-SWAC to serve a one (1) year term which may be extended from year to year as voting or non-voting member.

The YN-SWAC shall assist in the development of an integrated solid waste management system.

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77:01.43 SEVERABILITY pg. 30

Should any section, paragraph, phrase, sentence, clause, or word in this Code be declared invalid or unconstitutional, for any reason, the remainder of this Code shall not be affected thereby.

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SOLID WASTE CODE PENALTY OF $5,000 FINE AND/OR IMPRISONMENT

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CONFEDERATED TRIBES AND BANDS OF THE YAKAMA NATION

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