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

4.04.010 Introduction and Authority

(a) Title. This Ordinance shall be known as the Bad River Band of Lake Superior Tribe of Chippewa Indians (the "Band" or the "Tribe") Private On-Site Wastewater Treatment and Disposal Systems Ordinance.

(b) Authority. The Bad River Tribal Council is authorized by Article VI of the Bad River Constitution to adopt regulations governing the use and management of the lands and other resources located within the exterior boundaries of the Bad River Reservation as set forth in Article II of the Treaty of 1854, September 30, 1854, 10 Stat. 1109.

(c) Purpose and Intent. The purpose of this Ordinance is to develop a Tribal code for individual septic systems and other types of individual wastewater treatment and disposal systems in order to protect the health, safety and welfare of the people of the Bad River Reservation and other affected communities by improving the groundwater and surface water quality on the Bad River through regulation of individual wastewater systems and preventing future negative impacts on the groundwater and surface water quality. Furthermore, the development of this Ordinance will help protect wildlife, fish and aquatic organisms in the streams, rivers, lakes and wetlands within the Bad River Reservation.

(d) Scope and Date of Applicability. This Ordinance shall govern within the boundaries of the Bad River Reservation and apply immediately upon enactment to any new installation or any renovation of private on-site wastewater treatment and disposal systems (POWTS) and the operation, maintenance, correction and inspection of such systems, as well as holding tanks, engineered systems, experimental systems, privies and other non-plumbing systems. Existing systems shall have one (1) year from the date of enactment of this chapter to come into compliance with its terms evidenced through acquisition of an Inspection Certificate for an adequate system or repair, upgrade, or replacement of a failing or inadequate system. POWTS owners who anticipate not being able to bring their system into compliance within one year of the date of enactment to enter into a compliance schedule agreement with the POWTS Inspector. Systems subject to such a compliance schedule agreement shall have three years from the date of enactment to come into full compliance.

(e) Interpretation. In the interpretation and application of this Ordinance, its provisions shall be held to be the minimum requirements and shall be construed so as to fully effect its purpose and shall not be deemed a limitation or repeal of any other power by law or Ordinance except as specifically provided herein. In the event conflicting requirements are imposed by this Ordinance or by other Ordinances of the Band, the most restrictive provisions shall apply. The POWTS Inspector shall rule on what is more restrictive, and appeals from such decisions, as well as other interpretations, may be made in accordance with Section 4.04.100E herein.

(f) Reference and Inclusion of Wisconsin Administrative Code, Department of Commerce and Department of Natural Resources Regulations and Wisconsin Statutes Annotated. Applicable provisions of the Wisconsin Administrative Code (WAC) Department of Commerce Regulations (Comm), including Comm. 83, 84, 85, and 91, and Department of Natural Resources Regulations (NR), and Wisconsin Statutes Annotated (WSA) Section 145, are hereby incorporated into this Ordinance as tribal law. The most recent version of such provisions in effect on the date action is taken pursuant to this Ordinance shall apply. In the event such provisions are no longer the applicable regulations for the State of Wisconsin, this Ordinance shall adopt the regulations then in place for the State of Wisconsin, or, if none exists, the most recent version of such provisions prior to deregulation. Inclusion of WAC and WSA provisions by reference shall not serve to submit the Band or its members to the jurisdiction of the State of Wisconsin.

(g) Construction. Words used in the present tense include the past and future tense; the singular includes the plural and the plural includes the singular; the word "shall" is mandatory, and the word "may" is permissive; the masculine gender includes the feminine gender.

(h) Federal Law. Nothing in this Ordinance is intended to modify or supercede requirements of federal law. Pemits will not be issued under this Ordinance until all required federal approvals and permits have been obtained.