40.17.160 Tmbci/Epa Policy and Internal Guidelines

This document sets forth the TMBCI/EPA Policy and internal guidelines for determining penalty amounts that: (1) should be sought in administrative actions filed under the SHWMC and (2) would be acceptable in settlement of administrative and judicial enforcement actions under the SHWMC.

Note: This Policy does not limit the penalty amount that may be sought in tribal civil judicial actions. In tribal civil judicial actions the TMBCI may, in its discretion, continue to file complaints requesting a civil penalty up to the maximum amount, and may litigate for the maximum amount justifiable on the facts of the case.

Under this policy, penalties are:

(a) assessed in a fair and consistent manner;

(b) appropriate for the gravity of the violation committed;

(c) calculated so that economic incentives for noncompliance with requirements are eliminated;

(d) sufficient to deter persons from committing violations of Tribal Codes; and

(e) intended to ensure that compliance is expeditiously achieved and maintained This Policy does not address whether assessment of a civil penalty is the correct enforcement response to a particular violation. Rather, this Policy focuses on determining the proper civil penalty amount that the TMBCI/EPA should obtain once a decision has been made that a civil penalty amounts for the purposes of administrative enforcement actions, under appropriate circumstances, TMBCI/EPA personnel may apply the maximum penalty.