The Tulalip Tribes’ Board of Directors adopts this chapter as a mechanism for handling environmental infractions that occur within lands of the Reservation and waters of the Tulalip Tribes. The infractions enumerated in this code are wrongful acts which negatively affect the health, welfare, cultural identity, and treaty-protected resources of the Tulalip Tribes. This chapter provides a way for the Tribes to regulate behavior within its jurisdiction and allows the Tribes to impose penalties for wrongful acts.
(Ord. 95 § 01.010, 8-11-2006 (Res. 2006-265))
Jurisdiction shall extend over all lands and waters of the Tulalip Tribes as defined herein and over all persons whether Indian or non-Indian.
(Ord. 95 § 01.020, 8-11-2006 (Res. 2006-265))
If any provision or application of this chapter is determined by review to be invalid, such determination does not render such provision inapplicable to other persons or circumstances nor invalidate any other provision of this chapter.
(Ord. 95 § 01.030, 8-11-2006 (Res. 2006-265))
The sovereign immunity of the Tulalip Tribes shall in no matter be waived by this chapter.
(Ord. 95 § 01.040, 8-11-2006 (Res. 2006-265))
(1) 
“Archaeological resource”
means any material remains of a given culture or activities. Such remains may include, but not be limited to: features or sites identified through oral tradition and/or physical evidence such as claims, graves, glyptic art or artifacts. Such artifacts include: stone tools and implements, cores, and manufacturing debris; perishable remains including cordage, basketry, cedar and other manufactured wood and leather objects. An archaeological site is a geographical location in which prehistoric remains are present.
(2) 
“Court”
means the Tulalip Tribal Court.
(3) 
“Cultural resources”
means any material remains of human life or activities which are of cultural or archaeological interest. This shall include all sites, objects, structures, artifacts, implements, plants, animals, and locations of cultural or archaeological interest, whether previously recorded or still unrecognized, including, but not limited to, those pertaining to historic or prehistoric American Indian or aboriginal burials, campsites, dwellings, and their habitation sites, including, but not limited to, rock shelters and caves, their artifacts and implements of culture such as projectile points, arrowheads, skeletal remains, grave goods, basketry, pestles, mauls, and grinding stones, knives, scrapers, rock carvings and paintings, and other implements and artifacts of any material.
(4) 
“Day”
means a 24-hour period which shall be from 12:00 a.m. to 11:59:59 p.m. in the Pacific Standard Time Zone of the United States.
(5) 
“Hazardous substance”
means any pollutant, or combination of pollutants, which because of its quantity, concentration, or physical, chemical or other characteristics may, when released into the environment, present substantial danger to the public health or welfare or the environment. “Hazardous substances” includes, but is not limited to, any substances which would be considered a hazardous substance under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), 42 U.S.C. 9601(14).
(6) 
“Lands of the Tribes”
means:
(a) 
All lands, wetlands, or tidelands within the exterior boundaries of the Tulalip Tribes Indian Reservation;
(b) 
All lands, wetlands, or tidelands, outside the exterior boundaries of the Tulalip Tribes Indian Reservation, held in fee by the Tulalip Tribes or held in trust by the United States government for the benefit of the Tulalip Tribes or its individual members; and
(c) 
All lands, wetlands, or tidelands deemed Tulalip “Indian Country” as defined in 18 U.S.C. 1151.
(7) 
“Motor vehicle”
includes, but is not limited to, any automobile truck, farm machinery, boat, motorcycle, snowmobile or other all-terrain vehicle.
(8) 
“NPDES permit”
means a National Pollutant Discharge Elimination System (NPDES) permit, as issued by the U.S. Environmental Protection Agency and certified by the Tulalip Tribes pursuant to delegated Federal authority.
(9) 
“Person”
means an individual, corporation, partnership, association, state, or political subdivision thereof, Federal agency, State agency, municipality, commission or interstate body.
(10) 
“Pollutant”
includes dredged spoil, solid waste, dirt, slurry, incinerator residue, filter back-wash, sewage, garbage, sewage sludge, munitions, chemical waste, biological materials, radioactive material (except those regulated under the Atomic Energy Act of 1954, as amended, 42 U.S.C. 2011 et seq.), heat wrecked or discarded equipment, rock, sand, cellar dirt, oil, battery acid, gasoline, paint, solvents, or any industrial, municipal, or agricultural waste.
(11) 
“Pollution”
means artificially made, artificially induced, or natural alterations of the physical, chemical, and biological integrity of any waters, wetlands, tidelands, or other lands.
(12) 
“Sewage”
means any urine, feces, and the water carrying human wastes, including kitchen, bath, and laundry wastes from residences, buildings, industrial establishments or other places.
(13) 
“Solid waste”
means all wastes, whether in solid or liquid form, except liquid-carried industrial wastes and sewage, and including garbage, rubbish, ashes, industrial wastes, medical wastes, swill, construction, demolition and land-clearing wastes, and abandoned vehicles or parts thereof.
(14) 
“Tidelands”
means any lands, including beaches, seaward of the line of natural vegetation or the meander line, whichever be more landward, extending out to the lowest low water mark along all lands bordering water on the Reservation or lands of the Reservation.
(15) 
“Toxic pollutant”
means those pollutants, or combinations of pollutants, including disease-causing agents, which after discharge, spill or release 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 EPA and/or the Tulalip Natural Resources Division, cause death, disease, behavioral abnormalities, cancer, genetic mutations, physiological malfunctions (including malfunctions in reproduction) or physical deformations in such organisms or their offspring.
(16) 
“Tribes”
means the Tulalip Tribes, a Federally recognized sovereign Indian tribe organized pursuant to the Indian Reorganization Act of 1934, as amended.
(17) 
“Waters of the Tribes”
means all streams, lakes, ponds, wetlands, salt waters, watercourses, waterways, wells, springs, reservoirs, aquifers, irrigation systems, drainage systems, and all other bodies or accumulations of water, surface and underground, natural or artificial, public or private, which are contained within, flow through, or border upon:
(a) 
The lands, wetlands and tidelands within the boundaries of the Tulalip Tribes Reservation; or
(b) 
All lands, wetlands or tidelands outside the exterior boundaries of the Reservation which are held in fee by the Tulalip Tribes or held in trust by the United States government for the benefit of the Tulalip Tribes or its individual members; and
(c) 
All lands, wetlands, or tidelands deemed Tulalip “Indian Country” as defined in 18 U.S.C. 1151.
(18) 
“Wetlands”
means those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas.
(19) 
“Wood cutting”
is defined as the cutting of standing or downed timber for any purpose.
(Ord. 95 § 02, 8-11-2006 (Res. 2006-265); Res. 2018-303)