40.17.070 Summary of the Penalty Calculation System for Administrative and Civil Penalty Policy

The Turtle Mountain Band of Chippewa Indians (TMBCI) Environmental Protection Agency (EPA) TMBCI/EPA penalty calculation system established under this Administrative and Civil Penalty Policy ("Policy") shall be applicable to the penalties assessed pursuant to Title 40 TMBCI Solid and Hazardous Waste Management Code (SHWMC). This policy shall be applied for all calculated penalties that are over $100.00, or where a penalty amount is not specified by Title 40 TMBCI Solid and Hazardous Waste Management Code (SHWMC) or policy (see Appendix A. for standard/specified administrative penalties or fines). Appeals of assessed administrative penalties/fines at or below $200.00, or as specified in Appendix A, is limited to the TMBCI/EPA Director or Tribal Solid Waste Management Team (TSWMT) designated for first level of appeal and may not be appealed to Tribal Court. Under This Policy, the seriousness of the violation and any good faith efforts to comply with applicable Tribal requirements are to be considered in assessing a penalty. This Penalty Policy consists of:

(a) determining a gravity-based penalty for a particular violation, from a penalty assessment matrix;

(b) a "multi-day" component, as appropriate, to account for a violation's duration;

(c) adjusting the sum of the gravity-based and multi-day components, up or down, for case specific circumstances; and

(d) adding to this amount the appropriate economic benefit gained through non-compliance.