(a)
Grounds for Issuance. The Planning Director may issue a stop work order to any person who: 1) fails to obtain a permit; or 2) fails to comply with the terms of a permit; or 3) causes unforeseen damage or threat of damage to tribal property that significantly impacts the environment based on one or more of the following factors:
(i)
Adverse effects on the quantity and quality of the fish and shellfish resources of the Tribe;
(ii)
Unique or sensitive characteristics of the geographic or hydrologic area (water and adjacent area) in which the activity is taking place;
(iii)
Adverse effects on an endangered or threatened species or its habitat;
(iv)
Loss or destruction of culturally significant plant materials;
(v)
Loss or destruction of cultural, historical, or scientific resources;
(vi)
Adverse effects on the health and safety of the Port Gamble S’Klallam tribal community;
(vii)
Whether effects of the activity are uncertain or involve unique or unknown risks;
(viii)
Whether the activity may establish a precedent for future actions with significant environmental impacts; or
(ix)
Whether the action is related to other actions with individually insignificant but cumulatively significant impacts on the environment; or
(x)
Whether the action threatens a violation of applicable law or interlocal cooperation agreement to which the Tribe is a party imposed for the protection of the environment.
(b)
Contents. A stop work order shall set forth the facts alleged to constitute a violation or unforeseen damage or threat of damage to tribal property and the time and date when such acts or practices must be terminated.
(c)
Remedy Not Exclusive. A civil infraction or criminal offense may be charged regardless of whether the Planning Director has issued a stop work order.
(d)
Service. A stop work order shall be posted at the site of the alleged violation, and if an address has been provided on the permit application, shall be sent by certified mail, return receipt requested. It may also be served in person.
(Res. 04-A-053 6/8/2004)