(a) Fines for noncompliance, which may be adjusted depending on the scope of the violation and resulting damage, the violator’s willfulness or recklessness, whether it is a repeated violation, and other exacerbating (or mitigating) circumstances. Such fines shall not exceed $5,000.00 per violation.

(b) Testing, administrative, mitigation and abatement costs associated with the remediation of lands or waters or treatment of humans or other living beings required to care for or reverse the damage of pesticides may be imposed on responsible parties (namely the person(s), corporation(s), or other entities responsible for the violation). If contamination has already occurred, costs for remediation of contamination may be imposed on responsible parties.

(c) In imposing administrative and abatement costs and other fees, fines, and accrued interest on the responsible parties, the Tribal Court shall take into account the amount of actual and reasonably foreseeable damage and the degree of willfulness, reckless disregard, or negligence of the person, corporation, or entity involved. Fines shall be payable to the enforcing department.

(d) The Tribe or any individual within the Tribe’s jurisdiction shall have standing to assert any rights secured by this chapter (for violations occurring within the Tribe’s territory) that have been violated or are threatened with violation, and may seek injunctive and/or compensatory relief from the Tribal Court. While an individual may recover actual damages, any assessed fines are payable to the enforcing agency.