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21.25.150 Enforcement and penalties.
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(a) Jurisdiction. Jurisdiction for enforcement purposes is defined in Chapter 21.20 YTC, Water Pollution Control.

(b) Procedure. Enforcement procedures are discussed in Chapter 21.20 YTC, Water Pollution Control.

(c) Federal Prosecution. Nothing in this chapter or Chapter 21.20 YTC, Water Pollution Control, or in any subsequent plan or ordinance shall be deemed to preclude federal prosecution of nonmembers who trespass on the Reservation. Federal prosecution may be pursued in addition to, or in lieu of, other enforcement procedures provided by this chapter.

(d) Warrants, Subpoenas, and Service of Process. Warrants, subpoenas, and service of process are provided in Chapter 21.20 YTC, Water Pollution Control.

(e) Civil Citations. The civil citations procedure is described in Chapter 21.20 YTC, Water Pollution Control.

(f) Damages Provision. The damages provision is set forth in Chapter 21.20 YTC, Water Pollution Control.

(g) Damages Presumption. The damages presumption is defined in Chapter 21.20 YTC, Water Pollution Control.

(h) Punitive Damages.

(1) Nothing in this chapter or Chapter 21.20 YTC, Water Pollution Control, shall be deemed to preclude the Tribe, through its Council, from praying for and being awarded punitive damages in any civil action filed for a violation of this chapter, Chapter 21.20 YTC, Water Pollution Control, or the Wetland Conservation Plan wherein it is alleged that the violator has committed the acts constituting the violation with wanton, willful or malicious disregard for the interests of the Tribe.

(2) The Court, in assessing punitive damages, shall determine their amount in the same manner in which it would determine punitive damages in any other civil action. Punitive damages shall not exceed 10 times the amount of the civil penalty.

(i) Costs. Additional costs assessed against violators of Chapter 21.20 YTC, Water Pollution Control, or this chapter are defined in Chapter 21.20 YTC, Water Pollution Control.

(j) Disposition of Fees, Forfeitures, Penalties. The disposition of fees, forfeitures, and penalties is discussed in Chapter 21.20 YTC, Water Pollution Control. [Res. 04-46 § 4.2, adopted, 8/25/2004.]