This section sets forth the title of the solid waste management act ( SWMA ).

Transcription

1 TABLE OF CONTENTS MASTER TRIBAL SOLID WASTE MANAGEMENT ACT ITEP Tribal Nation SUBCHAPTER 1. GENERAL PROVISIONS 101 Title 102 Definitions 103 Declaration of Policy 104 Applicability; Exemptions 105 Authority to Administer Act 106 Compliance with other Laws and Regulations 107 Severability 108 Sovereign Immunity Preserved SUBCHAPTER 2. PROHIBITED ACTS 201 Prohibited Acts SUBCHAPTER 3. SUBSTANTIVE PROVISIONS REGARDING SOLID WASTE SUBCHAPTER 4. ENFORCEMENT 501 General Enforcement Authority 502 Administrative Orders 503 Administrative Assessment of Penalties 504 Administrative Hearings 505 Judicial Enforcement 506 Citizen Suits SUBCHAPTER 5. RULEMAKING AND JUDICIAL REVIEW 501 Rulemaking 502 Judicial Review OUTLINE OF SOLID WASTE MANAGEMENT ACT SUBCHAPTER 1. GENERAL PROVISIONS 101 Title This section sets forth the title of the solid waste management act ( SWMA ).

2 102 Definitions (a) Collection means the physical aggregating of solid waste from its place of generation and includes all activities up to such time as the waste is delivered to a facility for transfer, processing, treatment, or disposal. (Pascua) (b)"disposal" means the discharge, deposit, injection, dumping, spilling, leaking or placing of any waste into or on any land or water so that such waste or any constituent thereof may enter the environment or be emitted into the air or discharged into any waters, including groundwater.(red Lake) (c) Open burning means the combustion of any solid waste or other discarded materials without: (1) control of combustion air to maintain adequate temperature for efficient combustion, (2) containment of the combustion reaction in an enclosed device to provide sufficient residence time and mixing for complete combustion, and (3) control of the emission of the combustion products. For purposes of this Ordinance, open burning does not include the burning of non-toxic material for recognized ceremonial or religious purposes.(pascua) (d) Open dump means any facility, site or area where solid waste has been disposed of,which is not a landfill or transfer station.(pascua) (e)"storage" means the accumulation of waste after generation, prior to and following collection, processing, composting, recycling, and transportation, and prior to disposal.(red Lake) "Release" means any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing of into the environment. 103 Declaration of Policy This section details legislative findings concerning the public health, welfare, and environmental impacts caused by releases of hazardous substances, land disposal of solid and hazardous waste without adequate planning and management, and open burning of waste. This section also explains the legislative purpose for enacting the SWMA, which can be broad or narrow.

3 Sec Establishment of the Environmental Protection Act. (a) Through the adoption of this environmental protection code (Act), the ITEPTribal Nation enacts as tribal law and shall enforce the same or similar standards of the United States of America and/or the State of Connecticut with regard to air, water, solid waste, toxic substances, insecticides, fungicides, rodenticides, and other environmental standards more specifically referenced below. (b) Specifically, the code provides for: (1) Protection of the health and safety of the Tribal members and all other persons within the exterior boundaries of the Mohegan Indian Reservation. (2) Protection of residential, agricultural, commercial, industrial, forest, riparian and environmentally sensitive lands within the Mohegan Indian Reservation. (3) Protection of the historical and cultural values and traditions of the Tribe and the Mohegan Indian Reservation with regard to the environment. (4) Prevention of solid waste (including sanitary wastes), hazardous waste and other regulated waste, pollution of the air, water or land including contamination of the Tribe's aquifers, ground waters, surface waters, drinking water supplies, and storm water system. (5) Prevention of the deterioration of natural resources, quality of life, standard of living, welfare and well being of all persons within the Mohegan Indian Reservation. (6) Provide and promote Tribal environmental protection services within the Mohegan Indian Reservation and to regulate environmental activities under Tribal authority. (7) Finance, implement, regulate and enforce environmental standards, orders and permit conditions, uphold the laws and regulations under this Code for proper sanitary waste storage, collection, transportation and disposal of all solid, hazardous and other regulated waste within the boundaries of the Mohegan Indian Reservation. (c) Any person violating any provision of the Code shall be subject to a civil fine not to exceed $25, per violation per day based on the gravity of the violation plus actual monetary damages for any effects on human health or the environment resulting from the violation(s). All monies collected or received by the Mohegan Tribe, as a result of violations of the Code shall be deposited with the Mohegan Tribe to be credited to the Environmental Protection Fund. The Environmental Protection Fund shall be used for expenses relating to protecting human health and the environment within the Mohegan Indian Reservation. (d) The Code shall be applied, administered, and enforced by the Mohegan Environmental Protection Department (MEPD). The MEPD shall be the authority having jurisdiction regarding the proper administration, application, enforcement and modification of the requirements contained in the Code. (e) Nothing contained in this Code is intended or shall be construed or applied to create a private right of action in any individual or individuals, partnership, association, corporation, business trust, legal representative, any organized group of individuals or any other person or entity. (f) Nothing provided in these regulations shall be deemed to be a waiver of the sovereign immunity of the Mohegan Tribe or any Tribal enterprise unless such immunity has been expressly waived within the context of a particular case before a Mohegan Tribal Court. Nothing contained in these regulations shall be construed to be a waiver of sovereign immunity of The Mohegan Tribe or any Tribal enterprise from suit in federal or state courts or in any action before any state or federal agency, or in any other forum or context. (g) This Code may be amended at any time by the Tribal Council. The Code shall take effect immediately upon passage by the Tribal Council. 104 Applicability; Exemptions This section states where the SWMA applies and to whom and to what it applies. 105 Authority to Administer Act

4 This section designates the tribal agency or entity responsible for implementing the SWMA and sets forth the entity s powers and duties (including the authority to promulgate regulations, enforce SWMA provisions, order monitoring and sampling, assess fees, hold hearings, and perform any other activities necessary to carrying out the Act). It may include authority to delegate any such powers or duties, and possibly authority to establish an account for and expend funds paid as fees or penalties under the SWMA Jurisdiction. The Tribal Court of the Turtle Mountain Band of Chippewa Indians has civil jurisdiction under this Act over the conduct of Tribal members and all other persons on all lands within the Reservation and on tribal lands and Tribal Indian Service Areas outside of the Reservation boundaries to maintain the environment, natural resources, public health, safety, welfare, political integrity and economic well being of the Tribe. This shall include: a) Any person or company that has entered into a consensual agreement with the tribe or its members; or b) Any non member where the conduct of the non member threatens or has some direct effect on the political integrity, economic security, health or welfare of the Tribe. Sec Enforcement; Delegation of Authority. The Tribe asserts inherent sovereignty to exercise civil authority and jurisdiction over the conduct of Tribal members and all other person on all lands within the exterior boundaries of the Nation and other lands within the jurisdiction of the Tribe. This Ordinance is designed to maintain the environment, natural resources, public health, safety, welfare, political integrity and economic security of the Tribe. Because violations of this Ordinance or any rules or regulations adopted thereunder will demonstrably and seriously impact the environment, natural resources, public health, safety, welfare, political integrity, and economic security of the Tribe, this Ordinance, and any rules and regulations adopted thereunder, shall apply to: 1. all persons within the exterior boundaries of the Nation, without exception, including but not limited to, all Tribal members, and all other person on the Nation, including any Indians who are members of other Indian Tribes, all non Indians, and any other person as defined under the Ordinance; and 2. all places and lands located anywhere within the exterior boundaries of the Nation and other lands within the jurisdiction of the Tribe, including all trust lands, and notwithstanding the issuance of any patent, fee, allotment, right of way, lease, and any real property interest of any kind, held by any person as defined under the Ordinance.

5 Sec Statement of Findings. (a) The ITEP Tribal Nation has a primary interest in the protection, control, conservation and utilization of natural resources within the ITEP Tribal Nation Reservation. It is the purpose of this Article to establish a Tribal Environmental Protection Department to ensure the health and well being of all people residing on or visiting the ITEP Tribal Nation Reservation. (b) The ITEP Tribal Nation has jurisdiction to implement and enforce Tribal air, water and land use quality standards on the ITEP Tribal Nation Indian Reservation. 106 Compliance with other Laws and Regulations Compliance with the SWMA and implementing regulations does not relieve a person of the obligation to comply with other applicable laws and regulations. 107 Severability If any provision of this Act, or the application of this Act to any person or circumstance, is held invalid, the remainder of the SWMA and the application of the SWMA to other persons or circumstances shall remain unaffected Severability If any clause, sentence, paragraph, section, or part of this Code shall, for any reason be adjudicated by any court of competent jurisdiction, to be invalid or unconstitutional, such judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, section, or part thereof directly involved in the controversy in which the judgment shall have been rendered. 108 Sovereign Immunity Preserved This Act is not intended to waive and should not be interpreted as a waiver of [the tribe s] sovereign immunity from unconsented lawsuits or as authorization for a claim for monetary damages from [the tribe]. SUBCHAPTER 2. PROHIBITED ACTS 201 Prohibited Acts This section lists conduct prohibited by the statute, including open dumping; open burning at a solid waste landfill facility; open burning at

6 other locations without a burning permit; burning of certain specified materials; disposal of any waste in a manner that is harmful or will create a public nuisance; disposal of non-solid waste or bulk or non-containerized liquids at a solid waste landfill facility or transfer station; invalid collection, transportation, processing, or storage of waste; failure to report hazardous substance releases; or refusal to provide information or allow information-gathering activities to take place. This section could enable a person to petition the agency for an exemption from the prohibition against open dumping NUISANCE (Zuni Tribe Criminal Codes) (a) A person is guilty of public nuisance if, without lawful authority to do so, he does any act or fails to perform any duty, which act or omission either: (b) unreasonably and substantially annoys, injures, or endangers the comfort, repose, health, or safety of three or more persons; or (1) offends public decency; or (2) unlawfully interferes with, obstructs, or tends to obstruct, or renders dangerous for passage, any lake, stream, canal, or basin, or any public park, square, street, highway or road; or (3) in any way unreasonably renders three or more persons insecure in life or the use of property. (I) An act or omission to act which affects three or more persons in the ways specified in this section is still a nuisance regard- less that the extent of the annoyance or damage inflicted on the individuals in unequal. (II) The presence of lawful authority need not be disproved by the prosecution but shall be presented as an affirmative defense.

7 (III) The commission by act or omission of a public nuisance shall not be punished under this section if the same conduct constitutes another offense, which has also been charged against a defendant. (IV) Public nuisance is a Class C offense. (Oglala Sioux Tribe) (c)it shall be unlawful for any person, firm or corporation to place, leave, dump, or permit the accumulation of any garbage, rubbish or trash in any building or upon any premises or on any Tribal or private property, whether owned by such person or not on the ITEP Reservation, so that the same provide food or harborage for rats or a breeding place for flies or other vermin. (d) It shall be unlawful for any person, firm or corporation to permit to accumulate upon any premises, whether improved or vacant, or upon any open lots, streets or open land, any lumber, boxes barrels, bricks, stones, or any other materials or permit the same to remain thereon for any longer time than a temporary period reasonably required for the building or repairing of property, unless same shall be placed, on open period reasonably required for the building or repairing of property, unless same shall be placed, on or that are elevated not less than eighteen (18) inches above ground and evenly piled or stacked. (e) It shall be unlawful for any person firm or corporation to throw or deposit any garbage or rubbish or refuse on any street, road, or public place, nor shall any person throw or deposit any garbage or refuse in any stream, or other body of water on the Pine Ridge Indian Reservation. (Colorado Indian Tribes) (f) Any person generating solid waste shall store the solid waste in durable containers with close fitting lids. Containers shall be maintained in such a manner so as to prevent the creation of a nuisance or a menace to the public health. (g) It shall be a violation of this Article for the owner, agent or occupant of land to maintain an open dump on the premises. (h) Each day that solid waste is stored in violation of this Section shall constitute a separate

8 civil violation of this Article Dumping a)no person may dispose of, dump, scatter, or place, or cause to be disposed of, dumped, scattered, or placed,any solid waste or hazardous waste on, at or near an open dump anywhere within the exterior boundaries of the Reservation, including on one's residence or business, or at any location whether on or off the Reservation that allows such waste to blow or wash onto or otherwise enter the Reservation;(Pascua) b) dispose of any waste in a manner that will harm the environment, endanger the public health, safety and welfare, or create a public nuisance. (Red Lake) Burning a) Engage in open burning at a transfer station or solid waste landfill facility; (Red Lake) b) engage in open burning at any location without a permit, except for cultural or traditional purposes shall not require a burning permit but shall simply require notification to the ITEP that such burning will take place. Notice is required to ensure that the cultural or traditional burning is not disturbed. This permit exemption for cultural or traditional burning does not relieve any person of the responsibility to keep such fires under control;(red Lake) c) engage in open burning of any of the following: household waste, except as provided in subdivision 2 of this section; junked motor vehicles or salvaged materials; tires or rubber materials; plastics, plastic products, or Styrofoam; asphalt or composition roofing; tar, tar paper, petroleum products or paints; lumber or timbers treated with preservatives; construction debris or demolition waste; pesticides, herbicides, fertilizers or other chemicals; insulated wire; batteries; light bulbs; material containing mercury; asbestos or asbestos-containing materials; pathogenic wastes; hazardous wastes, as that term is defined in the Resource Conservation and Recovery Act, 42 U.S.C. '' k, and implementing regulations; manure; and any material other than natural vegetation that normally emits dense smoke or noxious fumes when burned;

9 Subdivision 2. A person seeking to dispose on site, other than through open burning, of solid waste generated from a family ranch, camp, or farm may petition the Director in writing for an exemption from the prohibition against open dumping. In ruling on the petition, the Director will consider how close the person is to a transfer station (including a community collection site) or SWLF and whether the on-site disposal would create a public health or environmental hazard or public nuisance. The Director s decision on the petition shall be final and shall not be subject to judicial review. A person seeking to dispose of such solid waste on site through open burning must first apply in writing for and obtain a burning permit from ITEP and must comply with all other applicable provisions of tribal law.(red Lake) Improper Storage No person shall place or deposit solid or hazardous waste on any street, road or alley within the Reservation. No person shall allow solid or hazardous waste to accumulate uncontrolled on premises under such person's control or authority. The owner, agent or occupant of a dwelling, residence, premises or business establishment shall be responsible for maintaining their place of residence, business, or property free of accumulated litter, refuse, and bulky waste and for the proper storage and stockpiling of all solid waste for collection.(pascua) Collection No persons other than those designated shall collect solid waste or hazardous waste from within the Reservation, except that a person may collect solid waste from such person's own residence for transportation to a landfill, transfer station, or recycling center if suitable waste disposal services are not otherwise provided or available.(pascua) Importing Waste No person may dispose of, dump, scatter, or place, or cause to be disposed of, dumped, scattered, or placed, anywhere on the Reservation any solid waste or hazardous waste generated outside of the Reservation, except as may be authorized by the Tribal Council.(Pascua) Hazardous Waste No person may handle, store, treat, transport, re-use, or dispose of hazardous waste within the Reservation except in compliance with all

10 applicable federal laws and regulations published in the United States Code and CFR.(Pascua) No person shall be the causation of water pollution by depositing or disposing offal, hazardous and other waste in any waterway, stream, lake, wetland, water body, or littoral area within the jurisdiction of ITEP Tribal Nation No person shall allow abandoned trailer(s) to exist on any premises within the jurisdiction of the ITEP Tribal Nation. Abandoned trailers must be disposed of in a manner consistent with the proper disposal of construction debris Junk cars/abandoned vehicles SUBCHAPTER 3. SUBSTANTIVE PROVISIONS REGARDING SOLID WASTE This Subchapter includes the provisions of the Act specific to solid waste management, such as: 1. Criteria for solid waste management facilities, for example solid waste landfills, transfer stations, and composting facilities 2. Solid waste collection practices (storage, disposal, fees) 3. Permitting procedures for solid waste management facilities 4. Closure and post-closure care 5. Financial assurance 301 HANDLING, STORAGE, COLLECTION, TRANSPORTATION, AND DISPOSAL OF SPECIAL WASTES All persons and facilities generating hazardous waste, sharps, motor oil, antifreeze, acid lead batteries, mercury containing wastes, batteries, thermostats, thermometers, switches and relays, flourescent light bulbs, manometers, barometers, vacuum gauges, blood pressure cuffs, bulky waste, electronic waste, white goods, construction debris, tires, and other special wastes must; separate from mixed waste; store in appropriate container; transport such material to a waste management or recycling facility designated for the handling of such waste and material; transport to a specially designated collection site shall occur at times when the receipt of such material is acceptable.

11 301.2 All persons transporting wastes identified in Section All hazardous and other waste transported within the jurisdiction of the ITEP Tribal Nation shall be collected and transported in a manner that prevents the waste from leaking, blowing off, or falling from the transport vehicle No person shall dispose or cause the release of hazardous and other waste anywhere within the reservation boundaries except at designated collection sites, waste management facilities, and under conditions described in this Section No person shall deposit or dispose of offal, hazardous and other waste on any highway, roadway, or right of way within the boundaries of the Reservation. 302 Collection Services; Contracts and Licensure (A) The Tribal Procurement Office may enter written agreements with private, municipal, or county collection operators to collect and remove waste from the Reservation. Before operating on the Reservation, such operators shall obtain a license that, at a minimum, shall include the following requirements and conditions: (1) The operator shall submit proof that it has adequate financial resources and experience to properly conduct the services for which it is retained, including but not limited to the following: (i) The filing of a performance bond or equivalent security with the Tribe in an amount to be determined; (ii) Other evidence requested that the operator has sufficient experience to perform the services for which the operator is retained. (2) All vehicles and equipment used for the collection or transportation of solid waste shall be durable, designed for safe handling, and constructed to minimize noise and prevent loss of solid waste from the equipment during collection or transportation. Vehicles and equipment shall be maintained in good condition and cleaned in a frequency and manner adequate to prevent the creation of nuisances. Vehicles and equipment shall be clearly marked with the name and telephone number of the operator, and shall be covered by sufficient insurance for liability, personal injury, and damage. (Pascua) 303 Transportation of Waste (Zuni Tribe) (a)refuse TRUCKS: Vehicles used solely for collection of non combustible and no putrescible materials shall have permanently attached covers of rigid construction or canvas-like materials with suitable fasteners. All vehicles used for collection of solid waste shall be constructed and equipped so as to prevent the vehicle en route to the

12 disposal site.the department shall arrange for the collection of solid waste on at least a weekly basis. (1) All ITEP tribal members living within the boundary of the Reservation, not participating in a franchised services, shall be required to subscribe to the refuse collection service. All non-tribal members shall be offered the opportunity to subscribe. (2) Only approved vehicles shall be used for the collection of solid waste. (b)passenger VEHICLES: Any person not utilizing REFUSE TRUCKS shall transport municipal wastes with passenger vehicles and shall be responsible for the liability for any costs incurred in the clean up of solid waste that is improperly transported or disposed of (1) Responsibility includes, but is not limited to, liability for any costs incurred in the clean up of solid waste that is improperly transported or disposed of, as set forth in Chapter 9 of this Article. (2) Any person disposing of solid waste shall be responsible for the proper disposal of that solid waste 304 Recycling In line with the Snoqualmie Tribe's desire to encourage and incorporate environmentally protective solid waste practices, with a focus on potential solid waste reuse, the Snoqualmie Tribal Facilities shall adopt and implement the following practices: (a) All Snoqualmie Tribal Facilities shall participate in a recycling program to be established and implemented by the Waste Management Director. All recyclable materials shall be disposed of in separate containers from those used for other solid wastes, with all glass items being separate from other recyclables, which are clearly labeled as designated solely for recycling purposes. All Snoqualmie Tribal Facilities shall have signs placed in visible and conspicuous locations that explain which items may and may not be recycled. The following items shall be placed in the recycling containers: (1) Metals: aluminum beverage cans (emptied); steel or tin cans (rinsed with loose lids thrown away); metal hangers;

13 ferrous metal (that sticks to a magnet, maximum size 16" x 16" x 12"). (2) Glass: all colors of glass jars and bottles (clean and empty with lids and caps removed). (3) Plastic: bottles (such as for water or soda, lids removed); jugs (such as for milk, caps removed); round dairy tubs (lids removed); plastic shopping bags (clean with receipts removed, stuffed into one clear plastic bag and tied securely). (4) Paper: butter boxes; cardboard (boxes flattened); coated cardboard (boxes emptied and cleaned); food boxes (such as for cereal, liners removed); frozen food boxes; frozen juice containers (lids removed); hardback books (with hard covers removed); juice boxes; mail; milk cartons; newspaper; magazines; paperback books; phone books; strip cut shredded paper (in clear plastic bag, tied securely); soy milk cartons. (b) All Snoqualmie Tribal Facilities shall be required to compost their food waste as part of their overall recycling program. The Department shall promulgate rules regarding the implementation of the composting program. (c) In addition to the above listed minimum recycling requirements, the Snoqualmie Casino shall participate in a kitchen grease recycling program whereby the grease produced by the Casino will be provided to the Department for use as fuel or for other beneficial purposes. The Department will oversee the creation and implementation of this program, which may include, but is not limited to, the establishment of a recycling/reuse fund generated from profits made from the sale of kitchen grease and also the use of biodiesel in Tribal fleet vehicles. The Department shall have the right to make all necessary modifications to this plan in the future as conditions may change. (Snoqualmie Tribal Code 6.2, 16.0, Snoq. Tr. Code 6.2, 16.0) 305 Composting 306 Closure of Open Dumps (A) Existing open dumps shall be closed in accordance with the following requirements: (1) All fires shall be extinguished; (2) All rats and other vermin, if present, shall be exterminated by qualified personnel; (3) All solid waste shall be examined for potential hazardous qualities, consolidated and removed for proper disposal following opportunity for enforcement authorities to inspect such waste to identify its origins and the parties responsible for creating or adding to the open dump; (4) A final grading and revegetation plan shall be designed to restore the former dump area to an appropriate landscape consistent with prior

14 existing natural conditions and native plants, to ensure proper drainage and to avoid ponding of surface water, shall be submitted for approval, and shall be implemented upon approval; and (5) The exact location of the site, including GPS coordinates if available, shall be recorded and such data shall be kept by the Land Department.(Pascua) SUBCHAPTER 4. ENFORCEMENT 401 General Enforcement Authority This section lists the various enforcement authorities that the environmental program may exercise in order to implement and enforce the SWMA. The following sections describe each enforcement option in more detail. (Alternatively they could all be included in one section.) (a) The Administrator shall have the authority to: (1) Enforce the Department's environmental and natural resource rules and regulations approved by the Tribal Council. (2) Promulgate, for approval by the Tribal Council, reasonable and appropriate enforcement policies and procedures, and implement such policies and procedures as provided for in Tribal regulations enacted for such purposes. (3) Promulgate, for approval by the Tribal Council, a schedule of civil/criminal penalties to be assessed for violations of the Department's rules and regulations and follow any agreed upon procedures regarding alleged criminal violations in cases where The Tribe is precluded from asserting criminal enforcement authority The Compliance Officer. The Compliance Officer is hereby designated as the responsible agent to ensure compliance with and enforcement of this Act and any permits or Orders issued pursuant to this Act and will be housed in the Tribal EPA Office. The Compliance Officer or his duties shall not be housed within the SWMP. Unresolved compliance issues can be appealed to the Hearing Officer as provided for in the TAPA. The duties of the Compliance Officer shall include: a) Monitoring, inspecting and ensuring entities and persons covered by this Act are in compliance to include the management handling, treatment, storage, transfer and disposal of solid, special and hazardous waste and the investigation, assessment and remediation of releases or contamination to include the duties under Section and:

15 1) Obtain any information, including records and reports, from any owner or operator necessary to determine whether the owner or operator is in compliance with this Act; 2) Conduct any independent monitoring or testing necessary to ensure that owners or operators are in compliance with this Act; 3) Enter any site or premises subject to the tribal permit programs or at which records relevant to regulated activity or facility are kept; 4) Review and reproduce any records relevant to the regulated activity or facility; 5) make video or photographic records of any regulated activity or facility; 6) Inspect at any time any site or premises at which regulated activities are conducted and make photographic, video, or other records of information obtained during the inspection; 7) Investigate the activities of any solid waste disposal, transfer, storage facility or collection and transportation service in order to determine compliance with this Act or to verify information obtained from the owner or operator; 8) Conduct any and all independent tests or samplings necessary to verify the adequacy of methods (including sampling) used by owners or operators or responsible party to provide information to the Tribe or determine compliance with this Act, including, but not limited to, testing and inspecting any equipment used by the owner or operator or responsible party to test, sample, or obtain information; 9) Interview persons employed in the operation of any regulated facility or service subject to the requirements of this Act; and 10) Receive and record information submitted by any persons concerning any regulated activity or facility. If requested, the Compliance Officer shall provide a written response to any person providing such information within 60 days of the request; b) Ensuring the design, construction, operation, monitoring, monitoring after closure of solid waste facilities are in compliance with this Act; c) Ensuring compliance with permits or Orders issued under this Act and developing procedures for carrying out a permit compliance and inspection program, including but not limited to requiring operators file reports with the Compliance Officer in order to monitor solid waste handling,

16 treatment, storage, transfer and disposal within the Reservation; d) In the event of an accidental release or spill of a hazardous substance, pollutant or contaminant to the air, land or waters or groundwater of the Reservation resulting in a potential threat to the public health, welfare or the environment within the boundaries of the Reservation ensure compliance with the notification and response requirements of this Act and ensure the appropriate entity addresses the immediate and long term impacts of the release or spill to include all necessary containment, remediation, assessment of impacts and long term monitoring; e) Ensure compliance with the remediation requirements of this Act by owners, operators, or other parties responsible for releases of hazardous substances, pollutants or contaminants on or from a property or site resulting in contamination to include Remedial Assessment Agreements, Remediation Agreements, Remediation Orders, No Further Action letters or Certifications of Completion; f) Ensuring compliance with Tribal Institutional Controls or land use restrictions; g) Conducting community outreach and education on the requirements and means of compliance with this Act; h) Recommending to the Tribal Council such contracts as deemed necessary, for the accomplishment of essential compliance and enforcement services and/or for the investigation, assessment, or remediation of releases of solid or hazardous waste, hazardous substances, pollutants or contaminants within the Reservation, to include open dumping of solid waste, provided that the Compliance Officer monitors all such contracts for the Tribe; and i) Seeking grants or other sources of funding to support such efforts, and may cause to be undertaken analyses and studies regarding the best methods for safe solid waste handling, treatment, storage, transfer or disposal within the Reservation; or the investigation, assessment, or remediation of releases of solid or hazardous waste, hazardous substances,

17 pollutants or contaminants within the Reservation, to include open dumping of solid waste. Such a program may include private sector or federal government entities participation in this effort Coordination and Cooperation with other Agencies. The Solid Waste Director, the SWMT and the Compliance Director, jointly or individually, may: a) Coordinate solid waste handling, treatment, transfer or disposal with federal, state and local agencies and with persons in the solid waste industry; and b) Render or receive technical assistance to or from Tribal, state, and local agencies and officials thereof and others involved in the planning and operation of solid or hazardous waste program and facilities. The Compliance Officer may: a) Assist or receive assistance from other Tribal, state, and federal agencies in the development, and maintenance of their inspection, enforcement, training, and regulatory programs; b) May organize, operate, and conduct any solid waste enforcement activity the SWMT or Solid Waste Director deems advisable upon the request of the governing body of the federal agency or Tribal Council, upon the appropriation for such purposes by the federal agency or Tribe of a sum adequate to compensate the Tribal EPA or the Compliance Officer for the full cost of that activity; and c) May request, as necessary, any Tribal, state or federal agency having jurisdiction to investigate and report on any questions or matters involved in solid or hazardous waste handling, treatment, transfer, disposal or release affecting the Reservation environment or its residents. 402 Administrative Orders

18 Administrative orders, often called compliance orders or Orders to Comply, may require a person to take or refrain from taking certain actions, including cleanup. They may include field citations (expedited compliance orders), regular compliance orders, and emergency compliance orders in the event that an activity may endanger or cause damage to public health or welfare or the environment. 403 Administrative Assessment of Penalties Criminal Penalty Anyone violating or failing to comply with the provisions of this Title shall, upon conviction in Tribal Court, be punished by a fine of not more than $ or imprisonment in the tribal jail for not more than 30 days or both. However, in no event shall such penalty or imprisonment exceed the maximum established by federal law. In lieu of fine or imprisonment, a person found guilty of violating this Title may be required by the Tribal Court to provide not more than 30 days of community service assisting in the collection and disposal of litter or solid waste. Each day of violation shall be considered a separate violation of this Title Civil Penalty. (1) In addition to any other sanction or remedy available under this Title, the Land Use and Environment Commission may assess against any person, after a hearing pursuant to or waiver thereof a civil penalty for the violation. The penalty shall not exceed $50 for each day the violation existed prior to the service of a Notice of Violation and $75 per day for each day thereafter. When the violation occurs in connection with a venture entered into for profit, the respective penalty limits shall be $100 and $150 per day. The Director himself remedies the conditions causing the violation after the deadline for corrective action contained in the Notice of Violation has passed and the violator has not corrected the conditions, the civil penalty may also include the actual cost of the remedy to the Director plus 20 percent. (2) The Director shall serve the Notice of Civil Penalty by (i) personal service or (ii) United States mail, first-class postage prepaid, addressed to the last known address of the violator. The notice shall explain the nature of the violation and the basis of the amount of civil penalty assessed and provide a time for payment. The Director may, in his discretion, require payment be made either in one lump sum within no less than 30 days from the date of service of the notice or may be paid in installments over not more than 12 months. (3) If the violator fails to make payment within the specified time, or, if an installment payment program is directed, the violator fails to meet any of the scheduled payments, the Director may commence an action to recovery the unpaid penalty amounts in Tribal Court.

19 404 Administrative Hearings This section should identify the entity that will hold the hearing. It also should provide hearing procedures, reference existing tribal hearing procedures if any, or provide for hearing procedures to be established by the environmental program by regulation (pursuant to the rulemaking procedures in Section Judicial Enforcement This section authorizes the environmental program to request the tribal prosecutor to file an action in tribal court for injunctive relief and/or penalties whenever a person has violated or is in violation of the SWMA or an activity exists that may endanger or cause damage to the public health or welfare or the environment. It could also impose criminal penalties for intentional violations, and it could include an action for damages for any injury caused to tribal lands or other resources as the result of a violation of the SWMA. 406 Citizen Suits This section authorizes any person to commence a civil action in tribal court against any person who is alleged to be in violation of any provision, requirement or prohibition of the SWMA. Such provisions usually are not allowed if the tribe is already taking action, and require a certain amount of notice to the tribe so that the tribe may take action if it wishes. SUBCHAPTER 5. RULEMAKING AND JUDICIAL REVIEW 501 Rulemaking This section specifies the rulemaking procedures, including providing notice to the public of any proposed regulation (generally in a local newspaper), a period for public comment, and a public hearing if requested. This section also requires a written response to significant comments and that any final regulation be based on the record of the rulemaking proceeding. 502 Judicial Review This section would specify which actions taken by the environmental program under the SWMA are subject to review, when, and in which tribal court.