4.04.100 Administration and Enforcement

(a) Administration. The POWTS Inspector shall be responsible for the administration and enforcement of this Ordinance. The POWTS Inspector may delegate his/her responsibilities to personnel employed by the Department. The POWTS Inspector shall follow the provisions below, as well as those provided in a Policies and Procedures Manual, to be developed and approved by the POWTS Board, or developed by the POWTS Inspector and approved by the Tribal Council in the event no POWTS Board is in place.

(b) Powers and Duties. In the administration of this Ordinance, the POWTS Inspector shall have the following powers and duties:

(1) Delegate duties to and supervise clerical staff and other employees to ensure full and complete compliance with this Ordinance;

(2) Prepare reports and recommendations regarding any additional sanitary measures he/she deems necessary to implement the purpose of this Ordinance.

(3) Obtain assistance and cooperation from other Bad River Tribal departments and committees, and other federal, state and local health, legal and policy officials in the administration and enforcement of this Ordinance.

(4) Cooperate with federal, state, tribal and local personnel in the enforcement of this Ordinance and state regulations, rules and requirements relating to sewage treatment.

(5) Arrange for the enforcement of any and all rules, orders, permits and other requirements established herein or issued pursuant to this Ordinance.

(6) Interpret the provisions of this Ordinance as provided in Section 4.04.010.E. (7) Advise applicants concerning the provisions of this Ordinance and assist them in preparing permit applications;

(7) Review and approve or disapprove all plans for private sewage systems;

(8) Issue sanitary permits and inspect properties for compliance with this Ordinance;

(9) Keep records of all sanitary permits issued, inspections made, work approved and other official actions;

(10) Issue compliance orders and report continuing violations of this Ordinance to Tribal Conservation Wardens and Law Enforcement and the Office of the Tribal Prosecutor; Enter into compliance schedule agreements with POWTS owners, pursuant

(11) to Section 4.04.010.D., above, and enforce the terms of such agreement to ensure compliance schedule milestones are adhered to.

(12) Have access to any premises for the purpose of performing official duties between 8 a.m. and 8 p.m. or at other times set by mutual agreement between the property owner or his agent and the POWTS Inspector or upon issuance of a special inspection warrant. Application for any permit or inspection certificate under this Ordinance is considered for the purposes of this Ordinance as the owner's consent to enter the premises;

(13) Upon receipt of reliable evidence of a real or potential threat to the environment or public health, the POWTS Inspector may enter upon any premises within the boundary of the Bad River Reservation to inspect the property for violation of this Ordinance. Tribal law enforcement personnel may accompany the POWTS Inspector or enter unaccompanied upon request of the POWTS Inspector to enforce the terms of this Ordinance;

(14) Upon reasonable cause or question as to proper compliance, revoke or suspend any sanitary permit and issue cease and desist orders requiring the cessation of any construction, alteration or use of a building which is in violation of the provisions of this Ordinance until compliance with this Ordinance is obtained;

(15) Issue and enforce orders to plumbers, pumpers, property owners, their agents or contractors or the responsible party, to assure proper compliance with all provisions of this Ordinance;

(16) Withhold permit(s) or approval(s) pursuant to this Ordinance where the applicant, owner or licensed contractor is in violation of this or any Ordinance administered by the Band and for any parcel(s) of land which have an outstanding violation until the violation(s) have been corrected.

(17) Cooperate with the Office of the Tribal Attorney to commence actions on behalf of the Band seeking legal and/or equitable relief.

(18) Perform other duties regarding private sewage systems as considered appropriate by the POWTS Inspector, POWTS Board, or the Tribal Council.

(c) POWTS Board.

(1) The Bad River Tribal Council shall, at its discretion, establish a POWTS Board and policies governing such Board, with the following general duties and authority, which shall be more specifically described and governed by By-Laws adopted by the POWTS Board and approved by the Tribal Council;

(2) Recommend rates and fees under this Ordinance to the Tribal Council for the initial Fee Schedule, and thereafter amend and set fees and rates;

(3) Recommend Ordinance amendments/revisions to the Tribal Council;

(4) Establish a Policies and Procedures Manual with such provisions as are necessary to meet the requirements of this Ordinance and to allow the POWTS Inspector to operate on a day to day basis under approved guidelines.

(5) Hear appeals from administrative decisions of the POWTS Inspector and determine whether to uphold or overturn the decision of the POWTS Inspector; and

(6) Incorporate as necessary to acquire grant funding to accomplish the purpose of this Ordinance.

(d) The POWTS Board shall not have the authority to:

(1) Oversee the day-to-day operations of the POWTS Inspector;

(2) Alter decisions of the POWTS Inspector without an opportunity for a hearing on the matter;

(3) Create permit conditions or issue permits;

(4) Impose monetary penalties upon persons in violation of this Ordinance.

(e) Requests for Reconsideration and Appeals

(1) Any person who alleges that there is an error in any order, requirement or decision made in the administration and enforcement of this Ordinance may request reconsideration and appeal the decision. Any request for reconsideration or appeal shall begin by filing a notice of reconsideration or appeal on forms furnished by the POWTS Inspector within 30 days of the date of the administrative action in question or the date of the written decision of the POWTS Inspector on a request for reconsideration.

(2) The timely filed request for reconsideration must specify the reasons for the request and the administrative remedy requested. The POWTS Inspector shall issue a written decision within forty-five (45) days of the request for reconsideration. Parties dissatisfied with the reconsideration decision of the POWTS Inspector may request an appeal as specified in this section.

(3) The timely filed notice of appeal must specify the reasons for the appeal and the administrative remedy requested. Upon receipt of a notice of the appeal, the POWTS Board shall provide notice, opportunity for a hearing, and a timely decision, which shall include the following:

(A) Notice

(i) Fix a reasonable time for the hearing;

(ii) Publish a notice, posted in at least three public places, specifying the date, time, place and subject of the hearing;

(iii) Ensure that the notice shall be mailed certified mail to parties in interest and the POWTS Inspector at least ten (10) days in advance of the hearing.

(B) Hearing

(i) Any party may appear in person or by agent or attorney;

(ii) Decide appeals of the decisions of the POWTS Inspector.

(C) Decision

(i) Be made within reasonable time;

(ii) Be sent to the POWTS Inspector and Appellant within ten (10) days of the decision;

(iii) Be a written determination signed by the chairperson or secretary of the POWTS Board;

(iv) State the specific facts which are the basis for the POWTS Board's decision;

(v) Either affirm, reverse, vary or modify the order requirement, decision or determination appealed, in whole or in part, or dismiss the appeal;

(vi) Include the reasons or justifications for granting an appeal, with a description of the hardship or practical difficulty demonstrated by the applicant in the case of a variance, clearly stated in the recorded minutes of the Board proceedings.

(vii) Appeal to Tribal Court: Any party wishing to appeal decisions of the POWTS Board must file a claim with the Bad River Tribal Court in accordance with the Rules and Procedures of the Bad River Tribal Court.

(viii) Each party shall bear their own costs of appeal unless the POWTS Board or Tribal Court determines a party's actions to be frivolous or abusive of the process, in which case the POWTS Board or Court may award costs and attorney fees to the other party.

(f) Jurisdiction/Enforcement

(1) The Bad River Tribal shall have jurisdiction to hear all matters brought pursuant to this Ordinance, including citizen suits.

(2) The POWTS Inspector and all Tribal law enforcement and conservation enforcement personnel, shall be empowered to enforce this Ordinance.

(3) The POWTS Inspector shall issue compliance orders. Failure to comply with such an order shall constitute a separate violation of this ordinance in addition to any other violations of this ordinance. Failure to comply will result in the matter being referred to the Tribal Conservation Officers and Law Enforcement for enforcement of the terms of this Ordinance and the Compliance Order.

(4) Actions for violations of this chapter may be commenced in Tribal Court by conservation citation or by summons and complaint.

(5) Violations of this Ordinance shall be prosecuted by the Office of the Tribal Attorney.

(6) Any person may bring suit in Tribal Court to enjoin a violation of this chapter.