(1) 
Appointment of Tribal Control Officers.
(a) 
A Tribal Control Officer is any person who has and maintains command authority within a fire district at or above the rank of captain in any fire district duly organized under the laws of the State of Washington or the Tulalip Tribes, or any person directly appointed by the Board of Directors of the Tulalip Tribes. Persons serving as Control Officers shall be given picture identification cards identifying the person as a commissioned Control Officer of the Tulalip Tribes, appointed by the Board of Directors.
(b) 
Each fire district to which this chapter applies is entitled to have up to three of its members, as appointed by the chief of the fire district, appointed and certified by the Tulalip Tribes. The names and addresses of persons possessing acting Control Officer appointment shall be provided to the chief executive officer of the Tulalip Tribes.
(2) 
Withdrawal of Appointments. The Board of Directors may, upon seven days’ notice to any person appointed by the Board as a Tribal Control Officer, withdraw the appointment and commission.
(3) 
Powers of Control Officers. Control Officers are hereby empowered to:
(a) 
Investigate fires to determine whether they are unlawful or permitted by going on any lands or waters within the boundaries of the Tulalip Reservation.
(b) 
Direct that fires found to be unlawful or unpermitted be extinguished by the responsible fire district or the person or persons responsible for the fire.
(c) 
Issue a Tribal citation to persons responsible for setting an unlawful or unpermitted fire.
(d) 
Observe and enforce the provisions of this chapter and all orders, rules, and regulations pursuant thereto. The Control Officer is empowered by the Board to sign official complaints, issue citations, initiate Court suits, or use other legal means to enforce the provisions of this chapter.
(4) 
Immunity. Tulalip Control Officers shall be entitled to all the immunities provided to employees and officers of the Tulalip Tribes when acting under this chapter.
(Ord. 96 § 2.01, 6-7-1997 (Res. 97-0118))
(1) 
For the purpose of investigating conditions specific to the control, recovery, and release of air contaminants into the atmosphere, the Control Officer or a duly authorized representative shall have the power to enter at reasonable times upon any private or public property, excepting non-multiple-unit private dwellings housing two families or less. No person shall refuse access entry for the purpose of inspection to one who presents appropriate credentials; nor shall any person obstruct, hamper or interfere with any such inspection.
(2) 
For the purpose of determining compliance with an emission standard, the Control Officer or a duly authorized representative shall have the authority to conduct testing of a source or to order the owner or operator of the source to have it tested and to report the results to the Department. In the event the Department conducts the test, the Department shall provide the owner or operator an opportunity to observe the sampling and to obtain a sample at the same time.
(3) 
For the purpose of determining compliance with a burning permit, any Tribal Control Officer may go upon any and all lands within the Tulalip Reservation to determine whether an existing fire is lawful and validly permitted. If any fire is found to be unlawful and/or unpermitted, the Control Officer is hereby empowered to direct any person responsible for the fire to extinguish the fire and, if the responsible person refuses, or a responsible person is not at the site of the fire, to direct the fire district with responsibility for the area in which the fire is located to extinguish the fire.
(Ord. 96 § 2.03, 6-7-1997 (Res. 97-0118))
(1) 
Testing of sources for compliance with emission standards shall be performed in accordance with current U.S. Environmental Protection Agency-approved methods unless specific methods have been adopted, and testing shall be performed in accordance with a method approved in writing by the Control Officer.
(2) 
The owner or operator of a source shall notify the Department in writing at least two weeks prior to any compliance test and provide the Department an opportunity to review the test plan and to observe the test.
(3) 
The owner or operator of any source required to perform a compliance test shall submit a report to the Department no later than 60 days after the test. The report shall include:
(a) 
A description of the source and the sampling location;
(b) 
The time and date of the test;
(c) 
A summary of results, reported in units and for averaging periods consistent with the applicable emission standard;
(d) 
A description of the test methods and quality assurance procedures employed;
(e) 
The amount of fuel burned or raw material processed by the source during the test;
(f) 
The operating parameters of the source and control equipment during the test;
(g) 
Field data and example calculations; and
(h) 
A statement signed by the senior management official of the testing firm certifying the validity of the source test report.
(Ord. 96 § 2.5, 6-7-1997 (Res. 97-0118))
(1) 
At least 30 days prior to the commencement of any formal enforcement action, the Board or Control Officer shall cause written notice to be served upon the alleged violator or violators. The notice shall specify the orders, rules, or regulations adopted pursuant thereto, alleged to be violated, and the facts alleged to constitute a violation thereof and may include an order directing that necessary corrective action be taken within a reasonable time. In lieu of an order, the Board or the Control Officer may require that the alleged violator or violators appear before the Tribal Court for a hearing. Every notice of violation shall offer to the alleged violator an opportunity to meet with the Department prior to the commencement of enforcement action.
(2) 
Each act of commission or omission which procures, aids, or abets in the violation shall be considered a violation and be subject to the same penalty.
(3) 
In the case of continuing violation, whether or not knowingly committed, each day’s continuance shall be a separate and distinct violation.
(Ord. 96 § 2.07, 6-7-1997 (Res. 97-0118))
(1) 
Any person who violates any of the rules or regulations in force pursuant thereto may incur a civil penalty in an amount not to exceed $11,000 per day for each violation.
(2) 
Any person who fails to take action as specified by an order issued pursuant to this chapter of the Tulalip Department of Environment shall be liable for a civil penalty of not more than $11,000 for each day of continued noncompliance.
(3) 
Within 15 days after receipt of a notice and order of civil penalty, the person incurring the penalty may apply in writing to the Control Officer for the remission or mitigation of the penalty. Any such request must contain the following:
(a) 
The name, mailing address, telephone number, and telefacsimile number (if available) of the appealing party;
(b) 
A copy of the notice and order of civil penalty appealed from;
(c) 
A short and plain statement showing the grounds upon which the appealing party considers such order to be unjust or unlawful;
(d) 
A clear and concise statement showing the grounds upon which the appealing party sustains his or her grounds for appeal;
(e) 
The relief sought, including the specific nature and extent; and
(f) 
A statement that the appealing party has received the Notice of Appeal and believes the contents to be true, followed by the party’s signature.
Upon receipt of the application, the Control Officer shall remit or mitigate the penalty only upon a demonstration by the requester of extraordinary circumstances such as the presence of information or factors not considered in setting the original penalty.
(4) 
Any civil penalty may also be appealed to the Tribal Court if the appeal is filed with the Court and served on the Department within 30 days after receipt by the person penalized of the notice imposing the penalty or 30 days after receipt of the notice of a disposition on the application for relief from the penalty.
(5) 
A civil penalty shall become due and payable on the later of:
(a) 
Thirty days after receipt of the notice imposing the penalty;
(b) 
Thirty days after receipt of the notice of disposition on application for relief from penalty, if such application is made; or
(c) 
Thirty days after receipt of the notice of decision of the Court if the penalty is appealed.
(6) 
If the amount of the civil penalty is not paid to the Department within 30 days after it becomes due and payable, the Department may bring action to recover the penalty in Tribal Court or in any court in which the violator does business. In these actions, the procedures and rules of evidence shall be the same as in an ordinary civil action.
(7) 
Civil penalties incurred but not paid shall accrue interest beginning on the ninety-first day following the date that the penalty becomes due and payable, at the highest rate allowed by the Tribes on the date that the penalty becomes due and payable. If violations or penalties are appealed, interest shall not begin to accrue until the thirty-first day following final resolution of the appeal.
(8) 
To secure the penalty incurred under this section, the Department shall have a lien on any vessel used or operated in violation of this chapter.
(Ord. 96 § 2.09, 6-7-1997 (Res. 97-0118))
(1) 
Any person who knowingly violates any rules or regulations in force pursuant thereto shall be guilty of a crime and, upon conviction thereof, shall be punished by a fine of not more than $10,000, or by imprisonment for not more than one year, or both, for each separate violation.
(2) 
Any person who negligently releases into the ambient air any substance listed by the Department of Ecology as a hazardous air pollutant, other than in compliance with the terms of an applicable permit or emission limit, and who at the time negligently places another person in imminent danger of death or substantial bodily harm shall be guilty of a crime and shall, upon conviction, be punished by a fine of not more than $10,000, or by imprisonment for not more than one year, or both.
(3) 
Any person who knowingly releases into the ambient air any substance listed by the Department of Ecology as a hazardous air pollutant, other than in compliance with the terms of an applicable permit or emission limit, and who knows at the time that he or she thereby places another person in imminent danger of death or substantial bodily harm, shall be guilty of a crime and shall, upon conviction, by punished by a fine of not less than $50,000, or by imprisonment for not more than five years, or both.
(Ord. 96 § 2.11, 6-7-1997 (Res. 97-0118))
(1) 
Notwithstanding the existence or use of any other remedy, whenever any person has engaged in, or is about to engage in, any acts or practices which constitute or will constitute a violation of any order, rule, or regulation issued by the Board or the Control Officer or a duly authorized agent, the Board, after notice to such person and an opportunity to comply, may petition the Tribal Court for a restraining order or a temporary or permanent injunction or another appropriate order.
(2) 
As an additional means of enforcement, the Board or Control Officer may accept an assurance of discontinuance of any act or practice deemed in violation of any order, rule, or regulation adopted pursuant thereto, from any person engaging in, or who has engaged in, such act or practice. Any such assurance shall specify a time limit during which such discontinuance is to be accomplished. Failure to perform the terms of any such assurance shall constitute prima facie proof of a violation of this chapter or the orders, rules, or regulations issued pursuant thereto, which make the alleged act or practice unlawful for the purpose of securing any injunction or other relief from the Superior Court.
(Ord. 96 § 2.13, 6-7-1997 (Res. 97-0118))
The Courts of the Tulalip Tribes shall have jurisdiction to adjudicate all claims by complaint or citation filed pursuant to the provisions of this chapter.
(Ord. 96 § 2.14, 6-7-1997 (Res. 97-0118))
(1) 
Any order of the Control Officer issued pursuant to TTC § 8.25.070 may be appealed to the Tribal Court if the appeal is filed with the Court and served on the Department within 30 days after receipt of the order. This is the exclusive means of appeal of such an order.
(2) 
The Control Officer may stay the effectiveness of the order during the pendency of such an appeal. At any time during the pendency of such an appeal of such an order to the Court, the appellant may apply to the Court for a stay of the order or for the removal thereof.
(3) 
Upon failure to comply with any final order of the Control Officer, the attorney for the Department, upon request of the Board or Control Officer, may bring an action in the Superior Court of the county where the violation occurred or the potential violation is about to occur to obtain such relief as necessary.
(Ord. 96 § 2.15, 6-7-1997 (Res. 97-0118))
Whenever any records or other information, other than ambient air quality data or emission data, furnished to or obtained by the Department, relates to processes or production unique to the owner or operator, or is likely to affect adversely the competitive position of such owner or operator if released to the public or to a competitor, and the owner or operator of such processes or production so certifies, such records or information shall be only for the confidential use of the Department.
Nothing herein shall be construed to prevent the use of records or information by the Department in compiling or publishing analyses or summaries relating to the general condition of the outdoor atmosphere; provided, that such analyses or summaries do not reveal any information otherwise confidential under the provisions of the section; provided further, that emission data furnished to or obtained by the Department shall be correlated with applicable emission limitations and other control measures and shall be available for public inspection during normal business hours at offices of the Department.
(Ord. 96 § 2.17, 6-7-1997 (Res. 97-0118))
If any provision of this chapter is declared unconstitutional, or the application thereof to any person or circumstances is held invalid, the constitutionality or validity of every other provision of this chapter shall not be affected thereby.
(Ord. 96 § 2.19, 6-7-1997 (Res. 97-0118))
Other emission reduction methods may be employed to achieve compliance with the emissions standards of this chapter if the owner or operator demonstrates to the satisfaction of the Control Officer that they are at least as effective as the required methods and they are included in their operating permit.
(Ord. 96 § 2.21, 6-7-1997 (Res. 97-0118))