The Coquille Tribe doesn’t think the city can do it.

But a representative of the Oregon Department of Environmental Quality says the city of North Bend, in its lawsuit against the tribe, just might be able to legally shut off sewer services to The Mill Casino-Hotel.

Andy Ullrich, an environmental engineer with DEQ, said that according to the Public Utilities Commission, if the city allows for service termination through its charter, then it can cut off the tribal property’s sewage treatment access.

“We just don’t have any jurisdiction on it. It’s a local matter,” Ullrich said.

Regarding whether that applies to a sovereign nation such as the Coquilles, a regional director of the U.S. Bureau of Indian Affairs was mum.

“We would not want to comment on that,” said Stanley Speaks, the BIA’s regional director of the northwest regional office.

Rob Schab, the manager of the Coos Bay-North Bend Water Board, said his agency acts as the cities’ billing and collecting agent, including for North Bend’s waste water and storm water services. It is collecting the fee from tribal properties that then goes to the city of North Bend.

At this point, the tribe is up-to-date on its payments, he said. Schab added that the tribe is paying sewer fees at a rate that is standard for a business of its size.

Earlier this week, the city filed a motion for a preliminary injunction in a breach of contract lawsuit against the tribe, asking it to pay at least $140,993 of $639,000 in in-lieu of tax payments for the fiscal year. Doing so would prevent layoffs, said City Administrator Jan Willis. If the tribe doesn’t pay, the city wants the court’s permission to stop providing police, fire and sewer services during litigation.

According to the Agreement for Municipal Services contract, the city agreed to provide The Mill property with sanitary and storm sewer services under the provisions of its city ordinances. In exchange, CEDCO and/or the tribe agreed to pay the city all connection and user charges for sanitary and storm sewer services.

The tribe contends “shutting off any services would be a violation of federal law and would potentially subject the City to substantial liability.” The tribe did not elaborate on what law would be violated. It also stated the Tribe and CEDCO expect all services will be provided while the matter is resolved.

If they can’t settle the dispute, the tribe could build its own sewer treatment facility. Judy Smith, a public affairs officer for the U.S. Environmental Protection Agency, said that while her agency has no authority over the shut-off issue, it could help with a long-term solution if the tribe doesn’t want services from the city.

“We would work with them to issue a permit for their own facility that they would develop,” Smith said.

But that could take years.

As to police and fire services, North Bend Fire Chief Scott Graham said he doesn’t know how his department will handle emergency calls at The Mill if services are cut.

“We’ve always responded to The Mill Casino. And until we are basically told differently, we’re going to continue to respond,” Graham said.

Representatives from the city of Coos Bay and the Charleston Rural Fire Protection District said they’ve had no discussions with the tribe or requests for emergency coverage.

Rodger Craddock, Coos Bay’s interim city manager, who normally serves as the city police chief, said if a request came down the pipeline, providing services to the tribe would be a city council decision.

Charleston’s assistant fire chief, Dave MacManiman, said he doesn’t believe his fire department will receive any inquiries, because The Mill is too far from his district. Plus, Charleston doesn’t have the manpower or equipment to cover a facility of that size.

“If they had a fire there, you would have to have a ladder truck. We don’t have one of those,” MacManiman said.