11-07-91
WHITE EARTH RESERVATION TRIBAL COUNCIL
RESOLUTION NO: 057-092-002
WHEREAS, The White Earth Reservation Tribal Council is the duly
elected governing body of the White Earth Reservation
and,
WHEREAS, The White Earth Reservation Tribal Council has
established a Conservation Department in 1979 and,
WHEREAS, The White Earth Reservation is obligated to protect
the rights of all its enrolled members for taking
and using of resources found on the Reservation,
and
WHEREAS, White Earth Band of Chippewa Indians enact in
their inherent traditional powers and the authority
of the Minnesota Chippewa Tribal Constitution,
Article 1, Section 3.
NOW THEREFORE BE IT RESOLVED THAT, the White Earth Reservation
Tribal Council approves the amendment of resolution
057-91-005 of the White Earth Conservation Code under
Section 800.00 "Promiscuous Dumping and Littering
Regulations."
We do hereby certify that the foregoing resolution was duly acted
upon by a vote of 4 for, 0 against, 0 silent, a quorum
begin presented held on 11-7-91, at White Earth,
Minnesota.
________________________________
Darrell Wadena, Chairman
________________________________
Jerry Rawley, Secretary/Treasurer
DRAFT
WHITE EARTH RESERVATION
SOLID WASTE DISPOSAL AND RECYCLING ORDINANCE
1. FINDINGS
The White Earth Reservation Tribal Council recognizes that the sanitary
and environmentally-sound disposal of solid waste is important to the
health, welfare and safety of the public and residents of the
Reservation. The Tribal Council also recognizes that proper waste
disposal is important to the protection of the Reservation environment
and natural resources. Inefficient, inappropriate, and unsanitary
disposal of solid waste can have adverse impacts on the land and waters
of the White Earth Reservation. Waste items that can be recycled to
reduce the amount of waste requiring final disposal should be recycled.
2. AUTHORITY
This Ordinance is promulgated based on the authority of the White Earth
Indian Reservation to enact as prescribed by the White Earth
Conservation Code, Section 800.00 "Promiscuous Dumping and Littering
Regulations."
3. APPLICABILITY
This Ordinance applies to the activities on the White Earth Reservation
of members and non-members of the Band.
4. DEFINITIONS
(a) "Collection Site" means any place where solid wastes are
present.
(b) "Collector" means any natural or legal person, and that person's
employees and agents, who gather from another person that person's
solid waste.
(c) "Hazardous Waste" means any solid waste defined as hazardous
waste by the U.S. Environmental Protection Agency under the provisions
of the Resource Conservation and Recovery Act of 1976, as amended.
(d) "Non-resident" means any person who does not have a permanent
place of abode on the Reservation, except as hereafter provided.
Non-resident does not mean any temporal or seasonal resident, and does
not mean any place of business, for purposes of solid waste generated
at the business.
(e) "Reservation" means the White Earth Reservation.
(f) "solid Waste" means all waste, garbage, rubbish, offal, trash
and other discarded solid waste material resulting from residential,
commercial, agricultural, industrial, community, and other human
activities, including liquid waste contained within solid waste,
including hazardous waste, but does not include sewage and human
wastes.
(g) "Transfer Station" means the existing solid waste collection
site owned by the White Earth Band or White Earth Housing Authority for
the purpose of collecting, transporting, and disposing of solid waste.
(h) "Reservation Tribal Council" means the Reservation Tribal
Council of the White Earth Band.
(i) "White Earth Housing Authority" means the White Earth Housing
Authority of the White Earth Band.
(j) "Band" or "Tribe" means the White Earth Band of Minnesota
Chippewa Indians.
(k) "Solid Waste Operator" means the Reservation Tribal Council or
White Earth Housing Authority employee or appointee for the operation
and maintenance of solid waste collection and disposal sites on the
Reservation.
5. SOLID WASTE STORAGE
(a) Solid waste within the reservation boundaries shall be handled,
stored, collected, transported, transferred, processed and disposed of
in accordance with the provisions of this ordinance.
(b) The owner or occupant of any premises, business, establishment,
or industry shall be responsible for the sanitary storage of all solid
waste accumulated at the premises, business establishment or industry.
(c) Solid waste shall be stored in durable, rust resistant,
non-absorbent, water tight, rodent proof, and easily cleanable
containers with a close fitting, insect-tight cover.
(d) Unless otherwise provided for in a written rental agreement or
lease, the tenant of any single unit detached residence and the
landlord of any multi-unit residence shall be responsible for the
provision and maintenance of containers as specified in paragraph (c)
above.
(e) Solid waste shall be transferred to the proper disposal site by
the responsible party in a timely manner, to prevent noxious odors and
other public nuisance conditions.
6. SOLID WASTE DISPOSAL
(a) No person shall leave, deposit, or dump solid waste anywhere
within the Reservation except at designated disposal or collection
sites approved by the Reservation Tribal Council.
(b) No non-resident shall dispose of solid waste anywhere within the
Reservation.
(c) No person shall dispose of any solid waste generated outside the
boundaries of the Reservation on any lands, collections sites, dumping
sites, or landfills within the boundaries of the Reservation.
(d) No person shall dispose of solid waste on any private or public
residential property, where disposal of such wasted will cause a public
nuisance or health hazard, by causing noxious odors to escape or by
infestation of insects or rodents.
(e) No person shall deposit solid waste from any stopped or moving
vehicle onto state, county, or tribal highways, roads, or right of
ways, within the Reservation.
(f) No person shall dispose of any hazardous waste within the
Reservation.
(g) No person shall dispose of solid waste at a collection disposal
site on the Reservation except in a manner approved by the Solid Waste
Operator or appointee and only during posted days and hours of
operation, as established by the Reservation Tribal Council.
(h) No person shall destroy, deface, or otherwise damage any
collection/disposal or recycling site.
7. SOLID WASTE RECYCLING
(a) All solid waste transported on the Reservation shall be
collected and transported in a manner that prevents the waste from
leaking, blowing off, or falling from the transport vehicle.
(b) Commercial vehicles or containers used for collection and
transportation of garbage and other putrescible wastes, or solid waste
containing such materials, shall be covered, leak-proof, durable, and
of easily cleanable construction. These shall be cleaned to prevent
nuisances, pollution, or insect breeding and shall be maintained in
good repair.
(c) No commercial collector or transporter of solid waste shall
operate or conduct business on the Reservation without the expressed,
written consent of the Reservation Tribal Council or White Earth
Housing Authority.
9. SOLID WASTE DISPOSAL FEE
Annually, the Reservation Business Council will establish the fee rates
to be charged to individuals for disposal of solid waste at the
designated waste collection and disposal sites on the Reservation.
10. ENFORCEMENT
(a) All Reservation Conservation enforcement personnel shall be
empowered to enforce this ordinance.
(b) Actions for violation of this Ordinance may be commenced in the
Conservation court of the Minnesota Chippewa Tribes by conservation
citation or by summons and complaint.
(c) Violation of any provision of this ordinance may be punished or
remedied by a civil forfeiture not to exceed $300. Each day of any
continuing violation may be charged as separate violation, and a
separate forfeiture may be imposed.
(d) In addition to a civil forfeiture, any personal property,
including vehicles and other equipment, which has been used in
connection with the violation of this ordinance may be seized and
forfeited pursuant to the appropriate section of the White Earth
Conservation Code.
(e) Nothing herein shall prevent the White Earth Band from bringing
suit against any violator of this ordinance for money, damages for harm
to any Band resource or the environment caused by the violation, or for
injunctive relief.
(f) Any person may bring suit in tribal court to enjoin a violation
of this ordinance.
(g) Any solid waste disposal facilities or illicit dump sites in
existence on the effective date of this Ordinance shall conform to the
provisions of this Ordinance by January 1, 1993.
11. ADMINISTRATION
(a) The Reservation Tribal Council shall be responsible for the
administration of this ordinance and any tribal solid waste collection
facilities or systems.
(b) This ordinance is effective: ________________________.
12. SEVERABILITY AND NON-LIABILITY
If any section, provision, or portion of this ordinance is adjudged
unconstitutional or invalid by a court of competent jurisdiction, the
remainder of this ordinance will not be affected hereby. The
Reservation Tribal Council declares there is no liability on the part
of the Band, it agencies, or employees for damages that may occur as a
result of reliance upon or conformance with this ordinance. The
Reservation Tribal Council, by adoption of this Ordinance, does not
waive sovereign immunity in any respect.
Back to the Table of Contents
|