10-18-90
SOLID WASTE CODE
OF THE
NAVAJO NATION
ENVIRONMENTAL PROTECTION ADMINISTRATION
DIVISION OF NATURAL RESOURCES
1990
CO-58-90
Class "C" Resolution
No BIA Action Required.
No Executive Branch
Action Necessary
RESOLUTION OF THE
NAVAJO NATION COUNCIL
Adopting the Navajo Nation Solid Waste Code
WHEREAS:
1. Pursuant to 2 N.T.C., Section 102(a), the Navajo
Nation Council is the governing body of the Navajo Nation; and
2. The Proposed Navajo Nation Solid Waste Code, attached
hereto as Exhibit "A", has been developed by representatives of the
various affected Departments and divisions within the Navajo Nation
Government, Indian Health Service and Bureau of Indian Affairs; and
3. Pursuant to Resolution RCO-171-90, attached hereto as
Exhibit "B", the Resources Committee of the Navajo Nation Council
recommends the adoption of the Navajo Nation Solid Waste Code; and
4. The Navajo Nation, through the Navajo Nation Solid
Waste Code, will assert its authority over all actions taken by all
persons within the territorial jurisdiction of the Navajo Nation
which affect the generation, collection, transportation, storage
and disposal of solid waste for the following purposes:
a) In order to protect the health, safety, welfare
and environment of the Navajo Nation; and
b) To manage, protect and preserve the resources of
the Navajo Nation; and
c) To maintain the aesthetic appearance of the
Navajo Nation; and
d) To provide for the exercise of the inherent
sovereign powers of self-government by the Navajo
Nation; and
5. Regulations will be developed within 18 months of the
Navajo Nation Council adoption of the Navajo Nation Solid Waste
Code; and
6. The Navajo Nation Council believes the adoption of
the Navajo Nation Solid Waste Code will be in the best interest of
the Navajo Nation.
NOW THEREFORE BE IT RESOLVED THAT:
1. The Navajo Nation Council hereby approves and adopts
the proposed Navajo Nation Solid Waste Code, attached hereto as
Exhibit "A".
2. The Navajo Nation Council directs the Task Force
continue as a task force, to assist in overseeing the development
of Solid Waste Code Regulations, and that said Task Force begin
overseeing the development of other environmental codes (including
biomedical and hazardous waste) for the Navajo Nation.
3. The Navajo Nation Council directs the Task Force, in
joint cooperation with the Indian Health Service (IHS) and the
Bureau of Indian Affairs (BIA), seek funding to update Solid Waste
facilities on the Navajo Nation pursuant to the Solid Waste Code.
4. The Navajo Nation Council further directs the
Division of Natural Resources conduct public hearings on the
development of Solid Waste Code Regulations.
5. The Navajo Nation Council lastly directs the
appropriate Divisions and Departments of the Navajo Nation
Government to educate the public regarding the Solid Waste Code and
proper waste management.
CERTIFICATION
I hereby certify that the foregoing resolution was duly
considered by the Navajo Nation Council at a duly called meeting at
Window Rock, Navajo Nation Arizona), at which a quorum was present
and that same was passed by a vote of 68 in favor, 6 opposed and 3
abstained, this 18th day of October 1990.
Speaker
Navajo Nation Council
October 23, 1990
Date signed
RESOLUTION OF THE RESOURCES COMMITTEE
OF THE NAVAJO NATION COUNCIL
Requesting the Adoption of the Navajo Nation Solid Waste Code
WHEREAS:
1. The Resources Committee of the Navajo Nation Council has the
power "to oversee and regulate all activities within Navajo Nation
lands" regarding the disposition and protection of natural resources,
2. N.T.C. 695 (5); and
2. The Navajo Nation Solid Waste Code, appended hereto as Exhibit
"A", has been developed by representatives of the various affected
Departments and Divisions within the Navajo Nation Government, Indian
Health Services and the Bureau of Indian Affairs; and
3. The Navajo Nation, through the Navajo Nation Solid Waste Code,
will assert its authority over all actions taken by all persons within
the territorial jurisdiction of the Navajo Nation which affect the
generation, collection, transportation, storage and disposal of solid
waste, for the following purposes:
a) In order to protect the health, safety, welfare, and
environment of the Navajo Nation; and
b) To manage protect and preserve the resources of the Navajo
Nation; and
c) To maintain the aesthetic appearance of the Navajo
Nation; and
d) To provide for the exercise of the inherent sovereign
powers of self-government by the Navajo Nation.
4. Regulations will be developed within eighteen (18) months of
adoption of the Navajo Solid Waste Code by the Navajo Nation Council;
and
5. The Code would be in the best interest of the Navajo Nation,
its individual members, and the protection of its resources.
NOW THEREFORE BE IT RESOLVED THAT:
1. The Resources Committee of the Navajo Nation Council requests
the approval and adoption of the Navajo Nation Solid Waste Code,
attached hereto as Exhibit "A".
2. The Resources Committee further requests that the Task Force
continue until a Commission is established, to oversee and implement
the Solid Waste Code and that said Task Force should begin formulating
all range of environmental code (including bio-medical and hazardous
waste) for the Navajo Nation.
3. The Resources Committee of the Navajo Nation Council still
further requests that the Task Force in joint cooperation with the
Indian Health Services (IHS) and Bureau of Indian Affairs (BIA) seek
funding to update Solid Waste Facilities on the Navajo Nation pursuant
to the Solid Waste Code.
4. The Resources Committee lastly requests that the Division of
Natural Resources in cooperation with the Task Force be directed by the
Navajo Nation Council to conduct Public Hearings on the development of
the regulations.
5. The Resources Committee recommends that all efforts be made for
educating the Public regarding the Code and proper waste management.
C E R T I F I C A T I O N
I hereby certify that the foregoing resolution of the Resources
Committee of the Navajo Nation Council was considered at a duly called
meeting in Window Rock, Navajo Nation (Arizona), at which a quorum was
present and that same was passed by a vote of 5 in favor, 0 opposed,
and 0 abstained, this 10th day of October, 1990.
Ernest H. Begay, Chairman
Motioned: Elmer Milford
Seconded: Walter Atene
SUBCHAPTER 1. GENERAL PROVISIONS
101 Declaration of Purpose: Assertion of Authority
In order to protect the health, safety, welfare and environment of
the Navajo Nation; to manage, protect and preserve the resources
of the Navajo Nation; to maintain the aesthetic appearance of the
Navajo Nation and to provide for the exercise of the inherent
sovereign powers of self-government by the Navajo Nation, the
Navajo Nation hereby asserts its sovereign authority over all
actions taken by all persons within the territorial jurisdiction
of the Navajo Nation which affect the generation, collection,
transportation, storage and disposal of solid waste.
102 Interpretation and Application of the Code
This code shall be liberally construed and applied to ensure its
purpose as expressed in Section 101. Upon the effective date of
this Code, it shall be unlawful for any person within the
territorial jurisdiction of the Navajo Nation as defined in
7 N.T.C. sub-section 254, to impound, divert, withdraw, otherwise
make any use of or take any action affecting the use of land for
solid waste unless the applicable provisions of this Code and its
regulations have been complied with. No rights or privileges
shall be recognized to generate, collect, transport, store and/or
dispose of solid waste other than those accorded under this Code.
103 General Policy
The owner, agent, occupant, permittee, allottee or lessee of any
residential or homesite area, business establishment, industry,
customary use area or grazing area shall be responsible for the
sanitary condition of said premises. No person shall place,
deposit or allow to be placed or deposited on their premises or
any other premises any solid waste, except in a manner prescribed
by this Code.
104 Other Wastes
The generation, collection, transportation, storage and disposal of
wastes not defined as solid waste herein shall be governed by all
applicable regulations and appropriate guidelines until such time
as relevant Tribal codes are-enacted.
SUBCHAPTER 2. DEFINITIONS
201 Definitions
A. "Administrator" means the Executive Director of the Division
of Natural Resources or his/her designee
B. "Collection" means the process of collecting solid waste for
transporting.
C. "Commission" means a three member body appointed by the Navajo
Nation President to oversee implementation/enforcement of the
Solid Waste Code.
D. "Disposal Site" means the location for disposing of solid
waste in an approved manner, such as a sanitary landfill.
E. "Health Advisor" means the Director of the Navajo Area Indian
Health Service or the Director's authorized agent.
F. "Modification" means any significant change in the physical
characteristics or method of operation of a system for the
collection, storage, transportation or disposal of solid waste.
G. "Navajo Nation Council" means the official legislative body of
the Navajo Nation empowered to adopt policies and enact laws
governing the Navajo Nation.
H. "Operator/Owner" means the responsible party collecting,
storing, transporting and/or disposing of solid waste.
I. "Petitioner" means any person or entity requesting an appeal
or hearing to the Administrator's/Commission's action or
decision.
J. "Recycling" means the process by which recovered resources are
transformed into new products.
K. "Recreational Waste" means solid waste generated at fairs,
parks, celebrations, highway rest areas and other
recreational sites.
L. "Residential Waste" means solid waste generated at residence
or cluster of homes such as an outfit or camp as the result of
domestic/ceremonial activities.
M. "Resources Committee" means the Standing Committee of Navajo
Nation Council as defined by 2 N.T.C. Sub-section 691 et. seq.
N. "Solid waste"means any garbage, refuse or sludge from a waste
treatment plant, water supply treatment plant or air pollution
control facility and other discarded material, including
solid, liquid, semi-solid, or contained gaseous material
resulting from industrial, commercial, mining and
agricultural operations and from community activities, but
does not include solid or dissolved materials in domestic
sewage, or solid or dissolved materials in irrigation return
flows or industrial discharges that are point sources
subject to permit or source, special nuclear or by-product
material as defined by the Atomic Energy Act of 1954, as
amended.
O. "Storage" means the process of storing solid waste after
generation prior to collection, transportation and/or
disposal.
P. "Transportation" means the process of transporting solid
waste to and from a collection point to a disposal
facility.
Q. "Variance" means an acceptable alternative that meets or
exceeds the standards provided by this Code and its
regulations.
SUBCHAPTER 3. NOTICE OF ENACTMENT AND EFFECT
301 Notice Required
To insure that all persons affected by this Code are given
adequate notice of the enactment and effect of this Code, the
Administrator shall provide for public notice of its enactment
in accordance with the provision of this Subchapter within
ninety (90) days after the effective date.
302 Notice How Given
The Executive Director of the Division of Natural Resources shall
give notice of the provisions of this Code as follows:
(a) Notice shall be placed on television, radio and in print media
available to the Navajo Nation over the ninety (90) day
notification period.
(b) Notice shall be placed in a prominent and conspicuous
location at chapter houses, Navajo Nation Government offices,
Bureau of Indian Affairs offices, U.S. Post Offices, Indian
Health Service facilities and in such other locations as are
deemed necessary or appropriate by the Administrator.
(c) The Administrator may include in such public notice additional
information as deemed necessary to assure adequate notice of
the enactment and legal effect of this Code.
SUBCHAPTER 4. DIVISION OF NATURAL RESOURCES
401 Administrator
The Administrator is responsible for administering the Navajo
Nation Solid Waste Code within the territorial jurisdiction of the
Navajo Nation. The Administrator is authorized to designate a
department or departments within the Division of Natural Resources
to insure that requirements of this Code are met. The
Administrator shall be responsible for ensuring that the
provisions of this Code and the regulations promulgated pursuant
to it are enforced or carried out.
It shall be the responsibility of the Administrator to ensure that
solid waste regulations will be adopted and put into effect within
eighteen (18) months of the adoption of the Solid Waste Code. Said
regulations shall be approved by the Resources Committee following
public comments and review.
The Administrator shall provide to the public pertinent education
materials and information regarding solid waste issues.
SUBCHAPTER 5. RESPONSIBILITY
501 Responsible Parties
Subchapter 103 defines the general policy for responsible parties.
The past or present owner, agent, occupant, permittee, allottee or
leasee of any residential or homesite area, business establishment,
medical facility, school, industry, customary use area or grazing
area shall be responsible for the storage, collection,
transportation and disposal of all accumulated solid waste by a
method or methods prescribed in this code and its regulations.
SUBCHAPTER 6. LICENSING
601 Proposed Operators
Prior to the creation or modification of a system for the storage,
collection, transportation, disposal or recycling of solid waste,
the person operating or proposing to operate the system shall
submit a Solid Waste Management Plan to the Administrator for
written approval in order to obtain the necessary license. All
other factors being equal, preference may be given to those
operators who include waste minimization and/or recycling
provisions in their Solid Waste Management Plans.
602 Existing Operators
Any person who is operating a system for the storage, collection,
transportation, disposal or recycling of solid waste shall submit a
current Solid Waste Management Plan for the written approval of the
Administrator and obtain the necessary license to operate within
ninety (90) days of the enactment of this Code.
603 Required Information
The applicant shall submit the following to the Administrator for
written approval
1. A completed application form as provided by the Administrator.
2. A Solid Waste Management Plan which shall include all
information required by the Administrator.
604 Application Review
Upon receipt of the application the Administrator shall review the
Solid Waste Management Plan and issue a written response within
thirty (30) days. The applicant shall have the opportunity to
remedy the plan for deficiencies, petition for a variance
pursuant to Subsection 606 or request an appeal as stipulated in
Subchapter 9.
605 Application Approval
The approval of a Solid Waste Management Plan and application does
not relieve the applicant of responsibility for compliance with all
applicable provisions of this Code and its regulations.
606 Variances
Any person seeking a variance from the Navajo Nation Solid Waste
Code or its regulations shall do so by filing a written petition
with the Administrator.
607 License Fees
Upon approval of the application and plan, the Administrator will
issue a license to operate. The initial fee for this license
shall be two hundred dollars ($200.00). The license shall be
renewed annually following administrative review or a fee of two
hundred dollars ($200.00) payable on or before January first of
each year.
The Administrator may increase these fees from time-to-time with
the consent of the Resources Committee.
608 Public Inspection
The Administrator shall maintain a file of all approved and pending
Solid Waste Management Plans and applications. All approved Solid
Waste Management Plans and applications shall be open for public
inspection.
SUBCHAPTER 7. SOLID WASTE MANAGEMENT AND COMPLIANCE
701 Storage, Collection, Transportation and Disposal
All solid waste shall be stored, collected, transported and
disposed of in accordance with the stipulations of the approved
Solid Waste Management Plan.
702 Contractual Compliance
Contracting for the storage, collection, transportation or
disposal of solid waste does not relieve the solid waste
generator/handler from the responsibility for compliance with
this Code and its regulations.
SUBCHAPTER 8. INSPECTIONS
801 Inspections
The Administrator and Health Advisor:
(a) Shall have the power to enter at reasonable times the
property of any solid waste facility for the purpose of
inspecting, monitoring and investigating conditions.
(b) Shall inspect solid waste facilities at least once every
twelve (12) months or as often as the Administrator or Health
Advisor deems it necessary for the protection of the health,
safety, welfare and environment of the Navajo Nation.
SUBCHAPTER 9. APPEAL PROCESS
901 Hearing
(a) There shall be established a three member Commission within
one year of the adoption of this Code; the Commission shall
hear actions taken by the Administrator; the Commission shall
have the power to issue orders to carry out the effect of the
Code. The Navajo Nation President shall select the persons
to serve on the Commission. Initial appointments shall be
for two, three and four years. Replacements and
reappointments will be for a four year term.
(b) Any person aggrieved by an action taken by the Administrator,
may request in writing a hearing before the Commission. The
petitioner shall have ten (10) working days after receipt of
written notice to submit a written request for a hearing.
Unless a written request for hearing is made during the
required time frame, the decision of the Administrator shall
be final.
(c) If a request is made within the required time period, the
Commission shall hold a hearing within thirty (30) working
days. The Commission shall notify the petitioner by
certified mail of the date, time and place of the hearing
location within the territorial jurisdiction of the Navajo
Nation.
(d) During the hearings, the Rules of Civil Procedure and the
Rules of Evidence shall not apply, but the hearing shall be
conducted so that all relevant views, arguments and testimony
are amply and fairly presented without undue prejudice. The
Commission shall allow the Administrator and the petitioner
to call and cross-examine witnesses and submit all relevant
evidence.
(e) The Commission shall adopt Rules and Procedures for conducting
hearings provided such Rules and Procedures are consistent
with due process and Section 901, b, c, and d of this Code.
(f) Until the Commission has been established, the Resources
Committee shall act in its place.
902 Decisions
Based upon the evidence presented at the hearings, the
Commission shall sustain, modify or reverse the action of the
Administrator. The Commission shall render a written decision within
five working days. This decision shall include the reasons for the
decision. A copy of the decision shall be sent to the petitioner.
Anyone aggrieved by the Commission's decision has the right to appeal
the decision to the District Courts of the Navajo Nation within thirty
(30) days notice of the decision.
SUBCHAPTER 10. UNLAWFUL ACTS
1001 Noncompliance
Any person violating any provision of this Code or its regulations
shall be subject to any or all of the sanctions in Section 1004.
1002 Obstruction of Persons in the Performance of Their Duties
The willful obstruction of or interference with any person in the
performance of their duties under this Code shall be unlawful.
1003 Misstatement of Material Facts
The known misstatement of any material fact by any person or entity
when providing information required by this Code shall be unlawful.
1004 Sanctions for Code Violations
(a) Criminal Prosecution
(i) Any person who commits one or more violations of the
provisions of this code or its regulations shall be
subject to criminal prosecution in the District Courts
of the Navajo Nation. Such prosecution shall be
initiated by the Administrator through a sworn statement
specifying the violation(s).
(ii) Any person found to be guilty of any violation of this
code shall be subject to a fine not less than three
hundred dollars ($300.00) and imprisonment for a period
not to exceed six months or a similar period of community
service. Each violation shall be treated as a separate
offense.
(iii) Any person found to be guilty of repeat violations
shall be fined not less than $1,000.00 and/or imprisoned
for a period not to exceed one year and/or a similar
period of community service.
(b) Civil Proceedings: In addition to criminal prosecution, the
Administrator is authorized to initiate any or all of the
proceedings described below.
(i) Exclusion:
Any person who is not subject to the criminal jurisdiction
of the Navajo Nation shall be subject to exclusion from
the territory of the Navajo Nation for any violation of
the provisions of this code. Exclusion proceedings may be
initiated by the Administrator in the District courts of
the Navajo Nation.
(ii) Fines:
Any person who violates any provision of the Code may be
assessed a civil penalty by the Administrator of not more
than five thousand dollars ($5,000.00) for each
violation; provided, However, that no civil penalty
shall be assessed unless the person cited shall have
been given notice and opportunity for a hearing on such
violation.
In the event that the Administrator is unable to collect
the civil penalty, the Administrator shall refer the
matter to the Attorney General of the Navajo Nation,
who shall recover such amount in the appropriate
District Court of the Navajo Nation.
(iii) Costs:
In addition to the above proceedings, the Administrator is
authorized to initiate proceedings, separately or in
connection with either a criminal, civil or exclusion
proceeding brought under this Code, for any damages caused
to the lands or other resources of the Navajo Nation as
the result of any violation, including payment of costs
of all associated remedial action taken, for any expenses
incurred in investigating and evaluating such damages,
for any administrative costs incurred as a result of this
matter and for the reasonable value of the attorney time
and expenses associated with such proceedings.
(iv) Injunctions:
If the violation of any of the provisions of this code
or any rules and regulations promulgated pursuant thereto
are determined to be a nuisance or a hazard to the health
and safety of humans or harmful to the environment, such
activity may be restrained or enjoined at any time by the
Tribal District Court; provided it can be shown that
immediate and irreparable injury, loss or damage will
result if such violation or activity is not restrained or
enjoined. The Attorney General of the Navajo Nation,
upon request of the Administrator, shall bring an action
to obtain an order to restrain or enjoin any such
violation.
(v) Civil Regulatory Sanctions:
The Civil Regulatory Sanctions in these sections may be
amended by the Administrator with the approval of the
Resources Committee.
1005 Responsibility
Any person engaged in any aspect of solid waste management shall be
responsible for the acts of each person under their employment or
supervision. Reliance on representations by an officer, agency,
employee or subcontractor shall not constitute a defense.
SUBCHAPTER 11. OTHER PROVISIONS
1101 Use of Funds
Monies derived from fees and penalties under this Code shall be
available to the Administrator solely for the administration and
implementation of the Navajo Nation Solid Waste Code and its
regulations. Such funds shall be deposited into a duly
established revolving account and expended in accordance with the
revolving account plan of operation pursuant to an approved
budget. Any monies contained in said revolving account at the
end of the fiscal year shall not revert to the general fund and
shall remain available for appropriation as provided in this
section.
1102 Laws - Regulations
The owners and/or operators shall comply with all applicable laws,
rules and regulations of the Navajo Nation, including without
limitation, the Navajo Preference in Employment Act, 15 N.T.C.
Section 601 et. seq., and the Navajo Business Preference Law,
5 N.T.C., Section 201 et. seq.
1103 Conflicting Authority
The Navajo Nation Solid Waste Code and its regulations govern
storage, transportation, collection, disposal and associated
operations of solid waste by residences, businesses, institutions,
recreational areas and industries on and/or affecting lands of the
Navajo Nation. This Code and its regulations supersede any and
all authority to the contrary. Wherever other codes, acts or
resolutions adopted by the Navajo Nation Council and its
Committees may be read to confer concurrent authority, this Code
shall govern.
1104 Severability
If any provision of this code is held invalid by the Navajo Tribal
Courts or Federal Courts, the invalidity shall not affect other
provisions of this Code.
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