02-06-92
BLACKFEET NATION
P.O. BOX 850
BROWNING, MONTANA 59417
(406) 338-7179
R E S O L U T I O N
NUMBER 115-92
WHEREAS, The Blackfeet Tribal Business Council is the duly
constituted governing body within the exterior
boundaries of the Blackfeet Indian Reservation,
and
WHEREAS, The Blackfeet Tribal Business Council has been
organized to represent, develop, protect and
advance the views, interests, education and
resources of the Blackfeet Indian Reservation, and
WHEREAS, The Blackfeet Tribal Business Council adopted the
Solid Waste Management System Code of the Blackfeet
Indian Reservation, pursuant to Blackfeet
Resolution #318-90, which was to be reviewed and
modified by the Blackfeet Legal Department to
ensure compliance of all pertinent regulations,
and
WHEREAS, The Blackfeet Tribal Business Council has reviewed
the proposed amendments to the Revised Solid Waste
Management Code of the Blackfeet Indian Reservation,
attached hereto as Exhibit A, and made a part of
this Resolution by this reference, and
WHEREAS, The purpose of this Code is to regulate the
collection, storage, transportation and disposal
of solid waste in order to protect the public
safety, health and welfare, and to enhance the
environment of the people of the Blackfeet Indian
Reservation, in accordance with the Resource
Conservation and Recovery Act (RCRA), 25 CFR
40-257, as amended, and
WHEREAS, The Blackfeet Tribal Government has established a
Solid Waste District, pursuant to the Solid Waste
Management System Code, that includes services to
all areas of the Blackfeet Indian Reservation, and
WHEREAS, The Blackfeet Tribe does not desire to change that
arrangement or to remove service by the Blackfeet
Utility Commission for any portion of the
Blackfeet Indian Reservation, endangering the
Solid Waste Program on this Reservation, and
Blackfeet Resolution # 115-92
WHEREAS, The finalized draft of the Revised Code has been
reviewed by the Blackfeet Tribal Business Council
and said Code is ready for final approval, now
THEREFORE BE IT RESOLVED, That the Blackfeet Tribal
Business Council does hereby approve the final
draft of the Revised Solid Waste Management System
Code for the Blackfeet Indian Reservation,
attached hereto and made a part of this Resolution
by this reference, and
BE IT FURTHER RESOLVED, That the Blackfeet Tribal Business
Council strongly opposes any change to the present
structure of Solid Waste Program, organized
pursuant to the Solid Waste Management System Code
or removal of services by the Blackfeet Utility
Commission for any portion of the Blackfeet
Reservation.
ATTEST: THE BLACKFEET TRIBE OF THE
BLACKFEET INDIAN RESERVATION
___________________________ _________________________________
ALL POTTS, SECRETARY EARL OLD PERSON, CHAIRMAN
BLACKFEET TRIBAL BUSINESS BLACKFEET TRIBAL BUSINESS
COUNCIL COUNCIL
CERTIFICATION
I hereby certify that the foregoing RESOLUTION was adopted
by the Blackfeet Tribal Business Council during a duly
called, noticed and convened Regular Session assembled for
business the 6th day of February, 1992 with Nine (9) members
present to constitute a quorum and with a vote of Nine (9)
members For and None (0) Opposed.
(CORPORATE SEAL)
___________________________________
AL POTTS, SECRETARY
BLACKFEET TRIBAL BUSINESS COUNCIL
REVISED
SOLID WASTE MANAGEMENT SYSTEM CODE
FOR THE
BLACKFEET INDIAN RESERVATION
APPROVED BY THE BLACKFEET TRIBAL BUSINESS COUNCIL
FEBRUARY 6, 1992 - REGULAR SESSION
BLACKFEET SOLID WASTE MANAGEMENT
CHAPTER I
A Code authorizing, directing and regulating the planning, maintenance
and operation of a comprehensive solid waste management system; the
enforcement of necessary and proper regulations for the management of
solid waste; the establishment of service charges for collection,
transportation, and disposal; and for other purposes.
Section 101: Short title. This Code shall be known and may be cited
as "The Solid Waste Management Code of the Blackfeet Indian
Reservation".
Section 102: Declaration of Policy. It is hereby declared to be the
purpose of this Code to regulate the collection, storage,
transportation and disposal of solid waste in order to protect the
public safety, health and welfare, and to enhance the environment of
the people of the Blackfeet Indian Reservation.
Section 103: Definitions.
(1) "Administrative Council" means the Blackfeet Tribal Business
Council.
(2) "Agricultural Waste" means the solid waste that results from the
rearing and slaughtering of animals and the processing of animal
products and orchard and field crops.
(3) "Approved Storage Container" means a container that is leak proof,
has a fly tight lid, and is structurally compatible with the waste
collection system.
(4) "Bulky Waste" means items whose large size precludes or
complicates handling by normal collection, processing or disposal
methods. Bulky waste includes, but is not limited to: carpets, logs,
limbs, stumps, furniture, auto parts, bed frames, mattresses, wooden
crates, white goods (stoves, refrigerators, dryers, etc.), wires and
demolition and construction waste (lumber, bricks, pavement, etc.).
(5) "Collection" means the act of removing solid waste from the
central storage point at the source of generation.
(6) "Commercial Solid Waste" means solid waste generated by stores,
offices, and other activities that do not actually turn out a product.
(7) "Council" means the Blackfeet Tribal Business Council.
(8) "Compactible Waste" means the smaller, light and pliable portion
of solid waste generated through normal residential, commercial and
institutional activities. Compactible waste includes, but is not
limited to: paper, container (metal, glass, plastic, paper, etc.),
rags, clothing, food parcels, floor sweepings and yard trimmings.
(10) "Dead Animal" means animals that have died from any cause except
those slaughtered for human consumption.
(11) "Demolition and Construction Waste" means waste that is produced
from the construction or demolition of structures.
(12) "Director" means the Director of the Blackfeet Utilities
Commission.
(13) "Disposal" means the orderly process of discarding useless or
unwanted material.
(14) "Dump" means a land site where solid waste is disposed of in a
manner that does not protect the environment or is a danger to health,
welfare and safety.
(15) "Generation" means the act or process of producing solid waste.
(16) "Hazardous Waste" means all waste materials considered to be
excessively toxic or poisonous, corrosive, irritating or sensitizing,
radioactive, biologically infectious, explosive or flammable, or other
materials as determined by the Director.
(17) "Industrial Solid Waste" means solid waste that results from
industrial processing and manufacturing.
(18) "Institutional Solid Waste" means solid waste originating from
educational, health are and government facilities.
(19) "Non-Residential Solid Waste" means solid waste from agricultural,
commercial, industrial, recreational, or institutional activities, or a
building or group of buildings.
(20) "Person" means any individual, partnership, co-partnership, firm,
company, public or private corporation, association, joint stock
company, trust estate, or any legal representative, agent or assigns.
(21) "Pollution" means the condition caused by the presence in the
environment of substances of such character and in such quantities that
the quality of the environment is impaired.
(22) "Recovered Resources" means material which still have useful
physical or chemical properties after serving a specific purpose and
can, therefore, be reclaimed or recycled for the same or other
purposes.
(23) "Reservation" means the Blackfeet Indian Reservation.
(24) "Residential Solid Waste" means all solid waste that normally
originates in a residential environment.
(25) "Rubble" means inert construction debris (soil, dirt, rocks,
stone, mine tailing, etc.).
(26) "Sanitary Landfill" means a site where solid waste is disposed of
using sanitary landfill techniques.
(27) "Sanitary Landfilling" means a method of disposing of solid waste
on land in a manner that protects the environment by spreading the
waste in thin layers, compacting it to the smallest volume practicable,
and covering it with soil.
(28) "Scavenging" means the uncontrolled removal of materials at any
point in the solid waste management system.
(29) "Shall" is used to indicate mandatory requirements.
(30) "Solid Waste" means useless, unwanted, or discarded material with
insufficient liquid content to be free flowing.
(31) "Solid Waste Management" means the purposeful, systematic control
of the generation, storage, collection transport, and disposal of solid
waste.
(32) "Storage" means the interim containment of solid waste in an
approved manner after generation and prior to ultimate disposal.
(33) "Transport" means the movement of solid waste subsequent to
collection.
(34) "User fee" means a fee collected for the development, operation
and management of a solid waste management system.
Section 104: Administrative Council. The Administrative Council
shall be responsible for the administration and management of this Code
and compliance with the rules and regulations authorized in Section
106.
Section 105: Powers and Duties of the Administrative Council. The
Council has the full power and authority to carry out and administer
the provisions of this Code. The Council shall have jurisdiction and
authority over all persons and property, tribal, institutional and
private, necessary to lawfully enforce the provisions of this Code.
Section 106: Promulgate Rules and Regulations. Pursuant to the
purposes of the Code, the Council shall promulgate such rules and
regulations as are necessary and feasible for the protection of the
environment through the implementation and operation of a solid waste
management system on the Blackfeet Indian Reservation. The rules and
regulation shall be a Part of the Code and shall have the full force
and effect of the law.
Section 107: Delegation of Authority. The Council shall delegate
administrative and enforcement authority to carry out the provisions of
the Code to the Director.
Section 108: Enforcement Agency: The Director shall be responsible
for the enforcement of this Code, and any rules and regulations
authorized in Section 106.
BLACKFEET SOLID WASTE MANAGEMENT
CHAPTER 2
Section 201: General Provisions
1. The Director shall plan for and regulate the storage,
collection, transportation and disposal of solid waste in order to
protect the public health, safety and welfare and to enhance the
environment of the resident within the external boundaries of the
reservation.
2. The Director shall establish and maintain a solid waste
management system through tribal ownership, contract service, or
approved operation or any combination of these methods that is
self-supporting through the collection of user fees.
3. The Director shall determine the number and type of solid
waste storage, collection, transportation and disposal systems and
sites within the exterior boundaries of the reservation.
4. To ensure the efficient and thorough management of solid
waste, the Director shall designate service areas that may encompass
all or part of the Blackfeet Indian Reservation. Each service area
shall be provided with storage and collection facilities for
compactible waste and for the disposal of bulky waste.
5. Consistent with other provisions of this Code, the Director
may enter into inter governmental agreements to provide for the
efficient, thorough, and economical management of solid waste on the
Blackfeet Indian Reservation.
6. Upon the recommendation of the Director, the Council may
amend or repeal any provision of the rules and regulations promulgated
pursuant to this Code.
7. The Director is authorized to approve or disapprove the
development and/or operation of any solid waste storage, collection,
transportation and disposal system and/or site.
8. The Director is authorized to establish and shall collect
user fees from all persons within the exterior boundaries of the
Blackfeet Indian Reservation.
Section 202. Approval for the Management of Solid Waste Facilities
and Services.
1. Following the enactment of this Code, it shall be unlawful
for any person to own, operator or use a facility for solid waste
collection (including both compactible and bulky waste), transport or
disposal, without approval by the Director.
2. Approval from the Director is required for:
(a) The operation of any and all solid waste, storage, collection
and transportation systems and services.
(b) The operation of public sanitary landfills and bulky waste
facilities.
3. Application for Providing Solid Waste Storage, Collection and
Transportation Services.
All persons seeking approval to provide solid waste storage, collection
and transportation services on the Blackfeet Indian Reservation shall
submit an application containing the following information.
(a) Name and Address of the applicant;
(b) Financial statement of the applicant;
(c) Area or areas to which the applicant seeks to provide
service;
(d) Type of waste to be collected and transported;
(e) Population to be served;
(f) Days of operation and routes proposed for each day of
operation;
(g) Inventory of equipment for the storage, collection and
transportation of services;
(h) Final disposal facility to be used;
(i) Proof of insurance as required in Section 209 of this Code;
and
(j) Narrative containing a statement of public need for the
service proposed.
Application to operate a public sanitary landfill, or bulky
waste disposal site, or demolition and construction waste disposal
site.
Design plans and related information shall be submitted to the Director
for review and Council approval prior to the construction of any solid
waste disposal site within the exterior boundaries of the reservation.
Such plans shall include the following:
A. A plat, map or aerial photograph upon which is accurately
shown the exact location of the proposed disposal site, current land
use, zoning within 1/4 mile of the site, any homes, industrial
buildings, wells, water courses, surface drainage channels, rock
outcroppings, roads and general topography.
B. A report including the following details:
1. Population and area to be served by the proposed site;
2. Total area of the proposed site.
3. Anticipated type, quantity and source of solid waste to be
deposited in the site.
4. Soil description to a depth of at least five feet below the
proposed excavations, maximum ground water elevations
throughout the site and a general description of geology of
the area. Such data shall be obtained by soil borings,
trenching or other appropriate means.
5. Availability, source and characteristics of cover material.
6. Type and availability of equipment for efficient excavating,
earth moving, spreading, compacting and other needs.
7. Provisions for fie control, which may include
arrangements made with the nearest fire department,
to control any fires which may occur at the site.
8. Evidence of year-round accessibility to the site, to
include an all-weather road.
9. Proposed fencing for control of access as well as the
prevention of the scattering of waste material by the
wind.
10. Evidence of land ownership or lease agreement.
11. Any other information specifically requested by the
Director.
Section 203: Requirements for Operations.
1. Operation of a storage, collection and transportation service
must:
(a) Provide approved storage containers sufficient to store for
one week the residential compactible solid waste, generated by the
population of the service area.
(b) Provide approved storage containers and timely collection of
all compactible non-residential solid waste generated in the service
area.
(c) Provide enclosed, sealed compaction vehicles, sufficient to
maintain the collection schedule specified in the application.
(d) Operate collection services on the schedule specified in the
application.
2. Operators of sanitary landfills must:
(a) Provide fencing around the entire sanitary landfill site;
(b) Provide all-weather, on-site roads to final disposal points;
(c) Provide for the removal and storage of topsoil for the final
cover;
(d) Provide lockable gates to restrict access to areas on
which the public is not permitted;
(e) Provide adequate fire control measures for on-site and
off-site protection;
(f) Provide for control of wind-blown debris at all areas
designated for the disposal of compactible solid waste;
(g) Provide for adequate contouring and diversion to
control surface water run off;
(h) Provide, at the end of each operating day,
densification into the smallest possible area of all
compactible waste, and cover with a minimum of six
inches of soil.
(i) Provide on-site direction and information signs providing:
(1) The name, address and telephone number of
the operator;
(2) A description of waste that is acceptable
and unacceptable at the disposal site;
(3) Days and hours of operation; and
(4) Directions to exact disposal points for the
waste that will be accepted.
(j) Operate the facility in such a way as to prevent the
harborage and breeding of animals and insects that may
constitute a public health hazard; and
(k) Provide adequate equipment and facilities to maintain the
disposal site in accordance with this code on a day to day
basis.
Section 204: Sanitary Landfill and Open Dump Closure.
3. Open dumps and sanitary landfill shall be closed in
accordance with the following requirements:
(a) All rats and other vermin, if present, shall be exterminated
by qualified individuals prior to closing.
(b) All fires shall be extinguished before final cover of soil is
applied.
(c) All solid waste shall be consolidated, compacted and covered
with at least two feet of suitable cover material.
(d) The final grading shall be accomplished to provide proper
drainage and to avoid ponding of surface water.
(e) The area shall be planted with grass or other vegetation.
(f) The exact location of the site shall be recorded as a
permanent record with the Bureau of Indian Affairs and the County.
Section 205: Prohibited Activities.
The following activities in the handling and disposal of solid wastes,
whether compactible or bulky, shall be illegal and subject to the
penalties prescribed in Section 206.
1. "Dead Animals" It shall be unlawful to place any dead
animal, or parts thereof, in a storage container, bulky waste disposal
facility, stream, lake or in any roadway within the Blackfeet Indian
Reservation. This prohibition shall not apply to food scraps from
restaurants, cafes, residential, or other food preparation
institutions;
2. "Littering" It shall be unlawful to place, or allow to be
placed, any solid waste upon the roads, street, highways, and public or
private properties within the exterior boundaries of the Blackfeet
Indian Reservation;
3. "Burning and Burnt Materials" It shall be unlawful for any
person to burn solid waste in any manner. This prohibition shall not
apply to farm waste created in the course of farm production. It shall
likewise be unlawful for persons to place burning material in any
storage container, bulky waste disposal facility or sanitary landfill;
4. "Dumps" It shall be unlawful for any person to use or to
operate a dump within the exterior boundaries of the Blackfeet Indian
Reservation;
5. "Bulky Waste" It shall be unlawful for any person to dispose
of bulky waste in a storage container;
6. "Compactible Waste" It shall be unlawful for any person to
dispose of any compactible waste in a bulky waste disposal facility;
7. "Hazardous Waste" It shall be unlawful for any person to
dispose of hazardous waste upon the roads, streets, in the waterways,
or on public or private property, in storage containers, bulky waste
disposal facilities, or sanitary landfill within the exterior
boundaries of the Blackfeet Indian Reservation.
8. "Scavenging" It shall be unlawful for any person to remove
any recovered resources at any point in the solid waste management
system.
9. "Hazardous Waste" It shall be unlawful for any person, to
store, transport and/or dispose of hazardous waste within the exterior
boundaries of the Blackfeet Indian Reservation without the approval of
the Director. This does not include the small quantities of hazardous
waste disposed of in Residential solid waste.
10. It shall be unlawful for any person to not pay use fees
established by the Director.
Section 206: Penalties.
1. Any person who violates or fails to comply with any provision
of this Code, or any amendments duly approve to this Code, is liable
for a misdemeanor penalty, and in the case of approved activities,
approcal revocation or suspension.
(a) Any person violating any provision of Section 205 of this
Code shall be subject to a penalty of not less than fifty dollars
($50.00) or more than one hundred fifty dollars ($150.00) or ninety
(90) days in jail, or both, in addition to any repair, clean-up, or
removal costs as determined by the Blackfeet Tribal Court.
(b) The Director may, at his discretion, permit those charged
with violations under Section 205, to take remedial action or to
correct the non-compliance within five (5) working days in lieu of
assessing penalties, provided that the person charged with the
violation or the non-compliance provides proof that remedial action has
been taken and that no damage has resulted from this violation.
(c) All fines must be paid at the time of assessment.
Section 207: Appeals.
Any person who feels aggrieved by any action of the Director may
appeal, the action or penalties assessed as a result, to the Council of
the Blackfeet Indian Reservation or other appropriate body. Provided,
however, that with respect to the penalties set forth in Section 206,
an affrieved party shall be limited to seeking recourse through the
Blackfeet Tribal judicial process.
Section 208: Inspections.
1. The Director may enter upon any approved facility at
reasonable times for the purpose of inspection to determine compliance
with all applicable requirements of this code and of approvals issued
pursuant to it. Inspections officers need provide no advance notice of
inspections.
2. Inspections may also be conducted, without notice, to
determine compliance with enforcement order, or the completion of
remedial work required under enforcement procedures and compliance with
notices of approval revocation or suspension.
3. The Director may also require the presentation at reasonable
times, but without notice, of any records required under the terms of
approval.
4. The Director may require, pursuant to approval issue, the
periodic inspection of compaction vehicles involved in the collection
and transportation of solid wastes.
Section 209: Insurance.
All holders of permits issued under this Code shall furnish proof to
the Director of liability insurance covering all aspects of their
activities under this Code. No personal injury policy shall be for
less than $150,000 per person or less than $300,000 per incident. No
property damage policy shall be for less than $500,000 per incident.
All policies required by this Ordinance shall have a minimum
cancellation period of not less than thirty (30) days after receipt in
writing of the notice of cancellation by the Director.
Section 210: Savings Clause.
Nothing in this Code shall be deemed to effect, modify, amend or repeal
any provisions of a Code administered by the Council or the Director or
any other department, board, commission or agency of this locality.
Section 211: Severability.
The provisions of this Code are severable, and if any provision or part
thereof shall be held invalid or unconstitutional or inapplicable to
any person or circumstance, such invalidity, unconstitutionality or
inapplicability shall not affect or impair the remaining provisions of
this Code.
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