06-13-91
ORDINANCE NO. 91-01XB
ORDINANCE OF THE EXECUTIVE COMMITTEE
OF THE OGLALA SIOUX TRIBE
(An Unincorporated Tribe)
ORDINANCE OF THE EXECUTIVE COMMITTEE OF THE OGLALA SIOUX TRIBE
ADOPTING A WASTE MANAGEMENT CODE FOR THE OGLALA SIOUX TRIBE
WHEREAS, the United States has a general trust responsibility to
protect Native American peoples under international law, as
incorporated into federal common law, see, e.g., Johnson v. McIntosh,
21 U.S. (8 Wheat.) 543, 5 L. Ed. 681 (1823); Cherokee Nation v.
Georgia, 30 U.S. (5 Pet.) 1, 8 L. Ed. 25 (1831)(Their relationship to
the United States resembles that of a ward to his guardian); Worcester
v. Georgia, 31 U.S. (6 Pet.) 515, 8 L. Ed. 483 (1832); and
WHEREAS, the United States also has specific trust responsibilities
to protect the property, persons and lives of the Oglala Sioux people
under various treaties and acts, including: (1) Article 2 of the
Treaty of February 25, 1825 (7 State. 252), which provided, among
other things, that the "United States agree to receive the...Ogallalla
band of Sioux into their friendship, and under their protection...;"
(2) Article 8 of the Act of February 28, 1877 (19 State. 254), which
provided that each individual Oglala Sioux person" shall be protected
in his rights of property, person and life;" (3) Section 11 of the Act
of March 2, 1889 (25 Stat. 888), which allocated lands to individual
tribal member and provided that "the United States does and will hold
the land thus located for a period of twenty-five years, in trust for
the sole use and benefit of the Indian to whom such allotment shall
have been made;" (4) Section 2 of the Act of June 18, 1934 (25 U.S.C.
@ 262), which provided that the existing period of trust placed upon
Indian lands...are hereby extended and continued until otherwise
directed by Congress;" and (5) Section 2 (a)(4) of Public Law 100-516
(102 Stat. 2566), which provided that "(4) the United States has a
trust responsibility to ensure that adequate and safe water supplies
are available to meet the economic, environmental water supply, and
public health needs of the Pine Ridge Indian Reservation;" and
WHEREAS, the United States general and specific trust
responsibilities to the Oglala Sioux People include the primary
responsibility for cleaning up existing solid waste disposal sites on
the Pine Ridge Indian Reservation and protecting all surface and
ground water from being contaminated by said sites; the responsibility
for assisting the tribe in establishing environmentally sound,
sanitary sites as part of its obligation to provide all necessary aid
to assist the Oglala Sioux in the work of civilization" under Article
5 of the Act of February 28, 1877 (19 Stat. 254) - since sanitary
landfills are needed in a civilized society; and
WHEREAS, the Oglala Sioux Tribe is the governmental entity
properly responsible for regulating solid waste disposal on the
reservation by Indian and non-Indian persons under inherent tribal
sovereignty, see Blue Legs v. Bureau of Indian Affairs, 668 F. Supp.
1329 (S.S.D. 1987), aff'd, 867 F. 2d 1094 (8th Cir. 1989); Blue Legs
v. EPA et al, 17 Ind. L. Rpt. 3021 (D.S.D., February 5, 1990; Montana
v. United States 450 U.S. 544, 565-66 (1981) (Tribes retain inherent
power to exercise civil authority over conduct of non-Indians on fee
lands within its reservation when conduct directly effects "the
political integrity, the economic security or the health and welfare
of the tribe"), and under Article 8 of the 1877 Act (19 Stat. 254),
which provided that "Congress shall, by appropriate legislation,
secure to (the Oglala Sioux people) and orderly government," see
ExParte Crow Dog, 109 U.S. 556, 3 S. C.t. 396, 27 L. Ed. 1030 (1833),
and Iron Crow v. Oglala Sioux Tribe, 231 F. 2d 89 (8th Cir. 1956); and
WHEREAS, there is a present need for the tribal council to
exercise its sovereign authority and mange solid waste disposal on the
reservation because: (1) the health and welfare of the tribal members
and other persons residing in the reservation, and opportunities for
economic development, are at risk by the indiscrimination and
uncontrolled disposal of solid waste on the reservation; (2) solid
waste is generated by Indian and non-Indians suffer from improper
disposal; (3) the improper disposal of solid waste on the reservation
is contrary to the historic close relationship between Indian people
and the natural environment; (4) the continued growth of population
and economic activity on the reservation will generate greater amounts
of solid waste; and (5) the Resource Conversation and Recovery Act of
1976 (42 U.S.C. 6901 et seq.) applies to Indian tribes.
WHEREAS, the attached Oglala Sioux Waste Management Code was
drafted and compiled by Mario Gonzalez pursuant to Option 1 Plan,
NOW, THEREFORE BE IT ORDAINED that the attached Oglala Sioux
Waste Management Code is hereby adopted for the Pine Ridge Indian
Reservation, and
BE IT FURTHER ORDAINED that all ordinances and resolutions
heretofore adopted by the Tribal Council which are inconsistent with
this ordinance are hereby repealed.
CERTIFICATION
I, as undersigned, Secretary of the Executive Committee of the Oglala
Sioux Tribe, do hereby certify that this Ordinance was adopted by the
vote of: 4 for; 0 against; and 0 not voting, during a Regular Session
held on the 13th day of June, 1991.
THERESA TWO BULLS
Secretary
Oglala Sioux Tribe
HAROLD D. SALWAY
President
Oglala Sioux Tribe
OGLALA SIOUX WASTE MANAGEMENT CODE
TABLE OF CONTENTS
CHAPTER 34
Page
SECTION 1 Findings and Purposes ...................... 1
SECTION 2 Definitions ................................ 2
SECTION 3 Establishment of Oglala Sioux Department of
Waste Management ........................... 2
SECTION 4 Development of Waste Management Comprehensive
Plan ....................................... 3
SECTION 5 General Solid Waste Disposal Site Standards. 4
SECTION 6 Landfill Location Standards ................ 4
SECTION 7 Solid Waste Disposal Site and Landfill
Design ..................................... 5
SECTION 8 Landfill Performance Standards ............. 5
SECTION 9 Methodology for Day-to-day Operations ...... 5
SECTION 10 Closure of Solid Waste Disposal Sites and
Landfills .................................. 6
SECTION 11 Special Wastes ............................. 7
SECTION 12 Dumping Fees and Collection Systems Practices 7
SECTION 13 Enforcement ................................. 8
SECTION 14 Rules and Regulations ....................... 9
CHAPTER 34
OGLALA SIOUX WASTE MANAGEMENT CODE
SECTION 1 Findings and Purposes. The Oglala Sioux Tribal Council
finds that:
(1) the health and welfare of the Oglala Sioux People and other
residents of the Pine Ridge Indian Reservation and the
opportunities for economic development on the reservation
are at risk from the indiscriminate and uncontrolled
disposal of solid waste on the reservation.
(2) solid waste is generated by Indians and non-Indians on the
reservation and both Indians and non-Indians alike suffer
from improper disposal;
(3) animals, fish and other creatures residing on the
reservation also suffer from improper waste disposal;
(4) the improper disposal of solid waste on the reservation is
contrary to the historic, close relationship between the
Indian people and their land;
(5) the continued growth of population and economic activity on
the reservation will generate greater amounts of solid waste;
(6) there is a need for an organized effort to manage properly
the disposal of solid waste on the reservation; and
(7) the Tribe, as the properly constituted sovereign government
on the reservation should undertake to regulate and manage
the disposal of solid waste.
The purposes of this Ordinance are to:
(1) comply with the mandate of the federal courts in the Blue
Legs case;
(2) establish an administrative agency with the responsibility
to manage an adequate solid waste collection and disposal
system on the Pine Ridge Indian Reservation;
(3) provide environmental and health standards for the
collection and disposal of solid waste;
(4) prohibit future open dumping and littering of waste on the
reservation, and eliminate unhealthy, unsightly and
indiscriminate disposal or placement of solid waste on the
reservation; and
(5) inform and educate persons living on the reservation of the
need to participate fully in efforts to manage solid waste
generation, transportation and disposal on the reservation.
SECTION 2 Definitions.
(1) "Contaminate," means to introduce a substance into water
that would cause: (A) the concentration of that substance to
exceed the maximum concentration or contaminant levels
contained in Appendix I of 40 C.F.R., Part 257 (1988), or
(B) an increase in the concentration of such substance where
the concentration in the ground water already exceeds the
levels set out in Appendix I, 40 C.F.R., part 257 (1988).
(2) "Demolition waste," means solid waste, largely inert waste,
resulting from the demolition of or razing of buildings,
roads and other man-made structures.
(3) "Hazardous waste," means solid waste meeting the criteria
established for hazardous waste in federal law, 40 C.F.R.
Sec. 261, that is flamable, corrosive, radioactive, toxic or
reactive.
(4) "Hospital or Medical wastes," means and includes laboratory
or surgical wastes, such as tissues, specimens of blood
elements, excreta, and secretions obtained from patients or
laboratory animals, or clothing, rags, paper goods
contaminated with such waste.
(5) "Landfills," means a disposal facility or part of a facility
at which solid waste is permanently placed in or on the land.
(6) "Person," means an individual, firm, association,
co-partnership, political subdivision, government agency,
municipality, public or private corporation, or any other
entity whatsoever, except the Oglala Sioux Tribe as a
sovereign entity.
(7) "Putrescible waste," means solid waste which contains
material capable of being decomposed by micro-organisms.
(8) "Solid waste," means all putrescible and nonputrescible
solid and semi-solid wastes, including but not limited to
abandoned vehicles or parts thereof, ashes, demolition and
construction wastes, discarded commodities, garbage,
industrial wastes, rubbish and swill, including all liquid,
solid and semi-solid materials which are not the primary
products of public, private, industrial, commercial, mining
and agricultural operations. Solid waste includes but is
not limited to sludge from waste water treatment plants and
septage from septic tanks and wood waste.
(9) "Solid waste disposal site," means the location where any
final treatment, utilization, processing or deposition of
solid waste occurs.
(10) "Vector," means a living animal, insect or other anthropoid
which transmits or can transmit an infectious disease from
one organism to another.
SECTION 3 Establishment of Oglala Sioux Department of Waste Management
(1) There is hereby established a Department of Waste Management
(DWM). The DWM shall be operated and managed as a program
under the Oglala Sioux Natural Resource Regulatory Agency
(OSNRRA) until the Tribal Council directs otherwise. Both
the DWM and the OSNRRA are instrumentalities of the Oglala
Sioux Tribe and shall enjoy sovereign immunity from suit
unless such immunity is expressly and unequivocally waived
by resolution of the Tribal Council, and except as otherwise
provided in Section 13 (3) of this code.
(2) The DWM shall be managed by a Director who shall be a
full-time employee of the tribe under the OST's Personnel
Policies and Procedures System. The Director of DWM shall
be under the direct supervision of the Coordinator of
OSNRRA. The salary of the director shall be as established
by the Coordinator of OSNRRA. The duties of the Director of
DWM shall include:
(a) the daily management of the DWM, including but not
limited to:
1) development of a long-term waste management
comprehensive plan for the Pine Ridge Reservation;
2) proposing the location, design, construction and
operation of all solid waste disposal sites on the
Pine Ridge Reservation;
3) develop and operate a solid waste collection system
on the Pine Ridge Reservation; and
4) maintaining tribal compliance with all applicable
federal and tribal laws regulating solid waste
management on the Pine Ridge Reservation.
( b) supervision of employees placed under his/her control;
( c) development and completion of all proposals and/or
applications and/or contracts necessary to secure
yearly, federal and non-federal funding for the DWM,
and develop a yearly operating budget for the DWM in
consultation with the Coordinator of OSNRRA and the
Treasurer of the Oglala Sioux Tribe.
( d) contracting with any person or entities on behalf of
the Oglala Sioux Tribe regarding collection and
disposal of demolition waste, hazardous waste,
hospital or medical waste, putrescible waste and solid
wastes on the Pine Ridge Reservation, provided
however, that all such contracts shall not become
valid until approved by a resolution of the tribal
Executive Committee and the Superintendent of the
Bureau of Indian Affairs pursuant to 25 U.S.C. Sec. 81;
( e) promulgation of rules and regulations for the
operation of all solid waste disposal sites, includes
the use and charges of said sites as follows:
1) the rules and regulations shall be promulgated on a
yearly basis and shall go into effect January 1st
of each calendar year;
2) the rules and regulations shall be published in at
least one (1) local newspaper and/or posted in
public places throughout the Pine Ridge Reservation
not earlier than November 1st or later than
December 1st of each calendar year for public
inspection and comment;
3) the Director of DWM shall hold a public hearing on
the rules and regulations after receipt of written
public comments and before December 15th of each
calendar year. Any Indian or non-Indian entity or
person may appear at a public hearing and offer
comments;
4) the rules shall not become effective until approved
by resolution of the Executive Committee upon
recommendation of the Director of the Department of
Waste Management, and
5) any Indian or non-Indian entity or person, who is
adversely affected by any rule or regulation
promulgated by the Director of DWM and approved by
the Executive Committee may challenge the legality
of the rule or regulation directly with the Tribal
Council, stating in detail why the regulation is
illegal and otherwise not in the best interest of
the Pine Ridge Reservation. The complaint
challenging the rule or regulation shall be in
writing and verified under oath on forms developed
by the Director of DWM. The decision of the Tribal
Council shall be final.
( f) such other activities specifically assigned to him/her
by the coordinator of OSNRRA or as may be necessary to
enforce the provisions of this code.
SECTION 4 Development of Waste Management Comprehensive Plan.
(1) Within 180 days of the passage of this code, the Director of
the DWM and Coordinator of the OSNRRA shall present to the
Tribal Council for its approval a Waste Management
Comprehensive Plan (Plan). The Plan should include, at a
minimum:
(a) a recommendation as to whether, the DWM should be
created as an independent agency of the tribe or a
chartered organization (a proposed charter to be
included in the Plan, if applicable);
(b) a solid waste collection system and disposal plan, the
goal of which shall be the collection and proper
disposal of all solid waste on the Pine Ridge
Reservation in compliance with all federal and tribal
laws that may be applicable;
(c) a mechanism to fund continued operation of the system,
which shall include, at a minimum:
1) fees for DWM-operated collection and disposal
system, and any other collection systems, entity,
or person that wishes to dispose of waste at a DWM
site, including special fees levied against deposit
of large or bulky debris, large volume demolition
debris, or large volume construction debris; and
2) fees for DWM-operated collection systems that will
be paid by the Bureau of Indian Affairs, Indian
Health Service and other federal agencies,
including user fees and funding in fulfillment of
the Federal Government's trust responsibility,
including the responsibility to provide all aide
necessary for civilization, to protect the
reservation people in their property, persons and
lives, and to maintain an orderly government on the
reservation under Article 5 and 8 of the 1877 Act
(19 Stat. 254);
(d) an education and public involvement program to
encourage proper disposal of wastes and protection of
the natural environment;
(e) a recycling program to require or encourage recycling;
(f) a plan to investigate the options for establishing a
comprehensive system of hazardous waste control,
including controls on household hazardous waste;
(g) within thirty (30) days of its presentation by the
Director of the DWM, the director shall publicize the
existence of the Plan and make it widely available to
all interested Indian and non-Indian entities and
persons. Within sixty (60) days of its presentation,
the Director of the DWM shall hold public hearings at
locations of his/ her choice, to permit interested
Indian and non-Indian entities and persons to comment
on the proposed Plan.
(h) the Plan, as proposed by the Director of the DWM, shall
go into effect, and the director shall commence its
implementation, upon approval of the Plan by the Tribal
Council.
SECTION 5 General Solid Waste Disposal Site Standards. It is the
intent of this code that any solid waste disposal site or
landfill located on the Pine Ridge Reservation shall, to
the greatest extent practical, taking into account the
needs and capabilities of the tribe and the communities on
the reservation, and the environmental quality of the
reservation, meet or exceed the environmental and health-
related performance standards established by all applicable
federal and tribal laws and regulations.
SECTION 6 Landfill Location Standards.
(1) No solid waste disposal site or landfill shall be located
closer than 10,000 feet from any airport runway.
(2) No solid waste disposal site or landfill shall be located
closer than three (3) miles from any village or community on
the Pine Ridge Reservation, provided however, that existing
solid waste disposal sites or landfills that exist within
three (3) miles from any village or community on the Pine
Ridge Reservation may continue to operate at their present
locations until they are phased out.
(3) No solid waste disposal site or landfill shall be located
within 1,000 feet of a lake, pond, slough, river, stream or
wetland. To the greatest extent possible, solid waste
disposal sites or landfills will be located at substantially
greater distances from any surface water of significance,
provided however, that existing solid waste disposal sites
and landfills that exist within 1,000 feet of a lake, pond,
slough, river, stream or wetland may continue to operate at
their present locations until they are phased out.
(4) No landfill shall be visible from, nor shall it be closer
than 1,000 feet to, a public park or principal reservation
roadway or in a location where the facility would constitute
a potential safety hazard to the public, provided however,
that existing solid waste disposal sites and landfills that
exist within 1,000 feet of a public park or principal
reservation roadway may continue to operate at their present
locations until they are phased out.
(5) No solid waste disposal site or landfill shall be located in
an unstable area subject to significant erosion, mass soil
movement, or other geologic or soil conditions which could
adversely affect the safety and environmental integrity of
the solid waste disposal site or landfill.
(6) No landfill or solid waste disposal site shall be located in
a manner that will cause significant adverse impact to
recreational opportunities, wildlife habitat or populations,
or reservation aesthetics.
(7) To the greatest extent possible, taking into account the
other requirements of this code, no landfill or solid waste
disposal site shall be located within 3,000 feet of a
dwelling inhabited at the time of the landfill or solid
waste disposal site location, provided however, that
existing landfills or solid waste disposal sites that exist
within 3000 feet of an inhabited dwelling may continue to
operate until they are phased out.
(8) No landfill shall be located within 2,000 feet of a domestic
water well, unless the Director of DWM determines in writing
that the well will not be contaminated by the solid waste
disposal site or landfill and establishes a water monitoring
program for the well, or DWM provides a substitute water
source of equal or better convenience and quality.
SECTION 7 Solid Waste Disposal Site and Landfill Design.
(1) All solid waste disposal sites and landfills shall be
designed and certified by an experienced engineer to meet
the location, performance and operating standards
established by this code and any and all applicable federal
law to protect health and environmental quality.
(2) All solid waste disposal sites and landfills designs shall
establish a "solid waste disposal site boundary" or
"landfill boundary" which shall encompass an area judged
sufficient to accept all solid waste planned or anticipated
to be deposited at the site during the planned site life,
plus a 100 yard perimeter buffer.
(3) All solid waste disposal sites and landfills shall be
designed using drainage or control diversion systems or
other methods so as to limit, to the greatest extent
possible, erosion, infiltration, and surface poundage.
SECTION 8 Landfill Performance Standards.
(1) Air. No solid waste disposal site or landfill shall violate
any federal or tribal air quality standard or requirement
applicable to the Pine Ridge Reservation.
(2) Surface and ground waters. No solid waste disposal site or
landfill shall cause a discharge of pollutants into the
waters of the United States or Oglala Sioux Tribe in
violation of the federal Clean Water Act and other
applicable federal and tribal laws.
(3) Ground water used for drinking water. In no case shall a
solid waste disposal site or landfill cause the
contamination of ground water used for drinking water and
the Director of DWM shall cause any such sites to be
relocated if it is determined that contamination is
occurring or will occur.
(4) Disease. All landfills shall minimize the population of
on-site disease vectors, such as insects and rodents.
(5) Methane. All landfills must assure that the concentration
of methane gas at the project boundary or in project
structures does not exceed the limits established by federal
regulations. 40 C.F.R. Sec. 257 .3-8 (1988).
SECTION 9 Methodology of Day-to-Day Operations.
(1) Separation of materials. Solid waste disposal sites and
landfills shall provide separate locations for the placement
of certain materials not to be placed in the landfill pit,
including trees or tree branches, car bodies, and large
bulky metal goods (including "white goods" such as
refrigerators, stoves, etc.), or other items identified in
this code or by the DWM in its Plan or regulations as
hazardous or otherwise unsuited for landfilling. Persons
seeking to deposit such materials at landfills shall be
required to separate such materials and place them in the
identified locations.
(2) Physical operation at disposal sites. All solid waste
disposal sites and landfills must utilize procedures to meet
these operating standards:
(a) refuse shall be unloaded at the bottom of the open
working face of the sites or fills. This may be
accomplished either by direction of supervisory
personnel or by the placement of stationary or portable
fencing;
(b) deposited refuse shall be uniformly distributed and
compacted in layers. A working face with a slope
sufficient to permit thorough compaction shall be
maintained;
(c) at the end of each working day, unless extreme weather
conditions make operations infeasible, the open face of
the landfill shall be covered with sufficient earth to
control disease vectors and fire;
(d) at least two (2) days worth of cover materials shall be
stockpiled at all times;
(e) when each portion of the site or landfill has been
completed, it shall be covered by at least twenty-four
(24) inches of compacted earth, which will support
non-weedy plant growth and is free from cracks and
extrusions of refuse. This final cover shall be
leveled and shaped to provide proper runoff and
drainage, and to prevent erosion or poundage and meet
the design performance requirements of this code;
(f) all sites or landfills shall be operated to control
litter at the unloading area and throughout the area
within the site boundary through the use of fences,
other litter control devices, and regular, at least
weekly, pickup. Disposal site operators shall also
pickup site-generated litter beyond the site boundary
if such occurs; and
(g) all sites and landfills must be operated to control
dust, using water sprayers or similar devices as
necessary.
(3) Burning. Except as provided herein, no open burning may
occur at a solid waste disposal site or landfill.
Infrequent burning of trees and tree branches, agricultural
wastes, or land cleaning debris may occur if conducted away
from the working sites of fills in an area specifically
designated for that purpose and in a manner to prevent the
spread of fire to any other area of materials.
(4) Access. All solid waste disposal sites or landfills must be
provided with an all-weather access road, suitable for
travel by loaded vehicles; and must be fenced with access
provided only through one control entry point.
(5) Monitoring programs. Each solid waste disposal site or
landfill shall operate a monitoring program designed and
approved at the time the landfill is first approved for
operation. The Plan may, depending upon the circumstances
as determined by the Director of the DWM, include monitoring
of ground water, surface water, methane gas and air quality.
In all cases, ground water monitoring shall be required
unless a qualified engineer or geologist certifies, based on
reliable site-specific information, that there is no
potential for contamination of a drinking water source
outside the landfill boundary as designed by this code. Test
wells for ground water monitoring, where required, shall be
cased, capped, and shall be at least four (4) inches in
diameter.
(6) Correction of contamination. If surface of ground water
contamination is discovered, the operator of the site shall
immediately notify the Director of the DWM who shall within
ninety (90) days from the date of the report:
(a) determine the cause and extent of the contamination; and
(b) take steps necessary to correct the cause of the
contamination and eliminate, insofar as practical, the
contamination itself. If contamination of a drinking
water source cannot practically be eliminated in the
judgment of the Director of the DWM, the DWM shall
provide an alternative drinking water supply to any
person or persons then using the contaminated source.
If no person is using the groundwater, the Director of
the DWM may specify such other remedial steps, and may
take such other enforcement action, as he/she deems
appropriate in the circumstances.
(7) Control of liquids. Bulk or non-containerized liquids, or
containers containing liquids, may not be disposed of at any
landfill or solid waste disposal site unless the liquids are
household wastes or the containers are no larger than those
commonly found in household use.
(8) Control of hazardous waste. All disposal site and landfill
operators shall be trained to identify hazardous waste
prohibited from disposal in any solid waste disposal site or
landfill. Each disposal site or landfill shall establish
procedures, including periodic inspection procedures, to
identify and excluded hazardous waste from the landfill or
solid waste disposal site.
(9) Safety. Solid waste disposal sites and landfills shall be
designed and operated to insure the safety of persons who
operate and those who deposit waste in the disposal sites
and landfill.
SECTION 10 Closure of Solid Waste Disposal Sites and Landfills.
(1) As each unit or cell of a designated solid waste disposal
site or landfill is filled, it shall be permanently closed
covering the cell or unit with a final cover system,
including at least two feet of earth which is revegetated
with non-weedy vegetation and which is designed and placed
in a manner to prevent erosion, poundage, and the
infiltration of liquid through the cover and into the waste.
(2) When a solid waste disposal site or landfill is no longer
able to accept waste, it shall be closed. The Director of
the DWM shall monitor all sites and fills and make a written
closure plan to the Coordinator of the OSNRRA recommending
the closure of any site or fill under this code. The
Coordinator of the OSNRRA shall make the final decision in
writing as to any site or fill closure, provided, that the
closure plan contains, at a minimum, the following
components:
(a) rodent control measures to ensure that rodents do not
leave the site or fill;
(b) marking the site of fill to indicate that the site is
closed to further dumping and to indicate where an
alternative site is located;
(c) covering the site with two feet of earth, capable of
maintaining non-weedy vegetation in a manner described
in Subsection (1) above;
(d) access control mechanisms to ensure no additional waste
is disposed at the facility;
(e) filling, grading and draining the site or fill to
eliminate slumping, settling or poundage of water on
the surface of the site;
(f) maintaining the site or fill until it has settled and
no further filling or drainage problems exist;
(g) re-vegetation and maintenance, as required, to provide
adequate cover of non-weedy vegetation to prevent
excessive erosion or runoffs; and
(h) continued monitoring of ground and surface water
contamination levels, if determined to be required by
the OSNRRA or the Director of the DWM.
SECTION 11 Special Wastes.
(1) Prohibited materials. The following materials may not be
deposited in a landfill or a solid waste disposal site: dead
animals over fifteen (15) pounds; sewage; human or animal
excrement; hot ashes; infectious wastes; hospital or medical
wastes; hazardous wastes (except for household hazardous
wastes exempt from federal regulation); radioactive wastes;
explosives; containers previously containing pesticides or
herbicides (unless the containers have been cleaned as
required by FIFRA to eliminate substance residue).
(2) Hospital or medical waste. Hospital, medical or other
infectious waste must be incinerated at the point of
generation or transferred to another medical facility for
incineration. During transfer, the waste must be carried in
specially marked red plastic bags bearing the words
"HOSPITAL WASTE".
SECTION 12 Dumping Fees and Collection Systems Practices.
(1) Beginning the calendar year 1992, all rates and charges for
the dumping of any material or waste in a solid waste
disposal site or landfill and waste collection procedures
for such sites and fills shall be as set forth in the Waste
Management Comprehensive Plan required by Section 4 of this
code.
(2) Temporary rates and charges may be established for the
remainder of calendar 1991 by the Director of DWM of the
OSNRRA. The temporary rates and charges shall become
legally effective when approved by a resolution of the
tribal Executive Committee.
(3) No entity or person, other than the Oglala Sioux Tribe,
shall operate a solid waste disposal site or landfill on the
Pine Ridge Reservation, or impose rates and charges for
dumping any material or wastes in a site or fill.
(4) No person or entity shall collect, transfer, store or
process solid waste, including hazardous waste, in a manner
which poses a direct or indirect threat to the public health
or to the quality of the environment.
(5) Solid waste shall be collected by vehicles which are
constructed to be readily cleanable and which will prevent
the spillage or leakage of refuse during loading and
transportation to the landfill or disposal site.
(6) The preparation of garbage and refuse for collection shall
be as set forth in the Waste Management Comprehensive Plan
required by Section 4 of this code. The minimum
requirements (depending on the ability of the user to cover
the costs) shall include:
(a) all garbage must be placed in garbage containers of no
more than 30 gallons, with lids capable of resisting
entry by rodents and other animals;
(b) newspaper and magazines must be made up into bundles
and tied with a strong cord or wire;
(c) cardboard boxes and like materials must be flattened or
tied in bundles; all commercial and governmental
establishments shall keep waste paper and boxes
separate from regular garbage;
(d) all aluminum must be separated and placed in a separate
bag or other container.
The Director of the DWM may exempt filed income people from any of the
foregoing minimum requirements and determine alternative ways for such
persons to prepare for garbage and refuse collection.
SECTION 13 Enforcement.
(1) Criminal Enforcement. Any Indian person who intentionally
violates or attempts to violate any provision of this code
shall, upon conviction thereof, be punished by a fine of not
more than $500.00 or imprisoned in the Tribal Jail for not
more than thirty (30) days, or both. In lieu of fine or
imprisonment, a person found guilty of violating this code
may be required by the Court to provide not more than thirty
(30) days of community service assisting in the collection
and disposal of litter or solid waste. Non-Indians shall
not be tried for any criminal violation of this code, but
may be subjected to civil enforcement as provided in
Subsection (2) below.
(2) Civil Enforcement. If the Director of the DWM determines
that there exist violations of any part of this code, he/she
may serve upon the person or entity believed to be
responsible for the violation, a written "Notice of
Violation". The notice shall specify the reasons why the
actions of the responsible person or entity constitutes a
violation of the code, the particular Sections of the code
being violated and a reasonable period of time to comply
with the code. The notice shall be served by personal
service, or by notice attached conspicuously to the home,
building, business, or other location where the violation
has occurred, or by United States mail, certified, returned
receipt requested, to the last known address of the persons
or entity believed to be responsible for the violation. An
extension of time for compliance may be granted by the
Director of the DWM, but only upon a showing that required
actions have been commenced and that the work is progressing
at a satisfactory rate.
(3) Civil Penalties. Both Indians and non-Indians shall be
subject to the civil enforcement of this code, as provided
in Subsection (2) above, and the following civil penalties:
(a) in addition to any other sanction or remedy available
under this code, the Director of the DWM may assess
against any person or entity a civil penalty for the
violation. The penalty shall not exceed $50.00 for
each day the violation existed prior to the service of
a Notice of Violation and $75.00 per day for each day
thereafter, provided however, that when the violation
occurs in connection with a venture entered into for
profit, the respective penalty limits shall be $100.00
and $150.00 per day, and provided further, that if the
Director of the DWM finds it necessary to intervene and
correct the conditions causing the violation after the
deadline for corrective action, the civil penalty shall
also include the actual cost of the remedy to the DWM,
including attorneys fees when applicable;
(b) if a violator fails to pay a civil penalty within the
time specified by the Director of the DWM, the Director
may commence an action to recover the unpaid penalty
amounts in the Oglala Sioux Tribal Court.
(c) the Director of the DWM may also seek any other relief
from the Oglala Sioux Tribal Court to enjoin any action
or practices or abate any condition which constitutes
or will constitute a violation of this code.
(d) any person aggrieved by an action of the Director of
the DWM may appeal the action to the Coordinator of the
OSNRRA within fifteen (15) days of the action
complained of. A final decision of the Coordinator of
OSNRRA may be challenged by the filing of an
appropriate civil complaint in the Oglala Sioux Tribal
Court, provided however, that the only relief that the
Tribal Court may grant to the appellant shall be
declaratory and injunctive relief. In any proceeding
before the Tribal Court, the final decision of the
Coordinator of the OSNRRA shall be upheld by the Tribal
Court unless the decision:
1) violates this code or any other law or traditional
custom of the Oglala Sioux Tribe;
2) was arbitrary, capricous or an abuse of discretion;
or
3) was made without observance of procedure required
by law or custom of the Oglala Sioux Tribe.
The Tribal Court shall not have jurisdiction to consider any
claim or money damages against the DWM or OSNRRA. Rules and
Regulations for the operation and management of solid waste disposal
sites for calendar year 1991, adopted by the Oglala Sioux Tribe
Council, pursuant to Section 4 and 12 of Ordinance No._____.
RULE 1. DWM Personnel. The Director of the DWM shall be responsible
for recommending to the OST Personnel Board the staff needed
to be hired to implement Ordinance No. ____within the limits
of the operating budget established for the DWM.
RULE 2. Times for Operation of the Sanitary Landfills. All sanitary
landfills located on the Pine Ridge Reservation shall be open
from 8:00 a.m. to 5:00 p.m., Monday through Friday, and from
8:00 a.m. to 12:00 p.m. on Saturdays and Sundays, and will
remain open on special occasions such as Pow Wows, for
disposal of waste, debris and refuse as allowed by Ordinance
No. _____. The Director of the DWM shall declare free days
for the disposal of waste, debris and refuse at the landfills
in furtherance of clean-up days and other civic purposes upon
such terms and conditions as he/she may deem reasonable.
RULE 3. Caretakers. Director of the DWM shall assign a caretaker to
maintain the landfills located in the districts during the
normal operating hours.
RULE 4. Users, Charges, and Payment Thereof. No person or entity
shall place or cause to be placed any waste, debris or refuse
at any of the sanitary landfills on the Pine Ridge
Reservation without first having paid or contracted to pay
the fee prescribed herein. The following fees are hereby
established for the disposal of waste, debris and refuse at
all the sanitary landfills on the reservation:
A. Cubic Yard ............................. $ 10.64
B. Construction .........Per Ton........... 15.00
C. Large Commercial .....Per Month......... 18.00
D. Medium Commercial.....Per Month......... 12.00
E. Small Commercial......Per Month......... 8.00
F. Non-Government Res. Unit.. Per Month.... 6.00
G. By Automobile.........Per Loan.......... 5.00
H. By Pickup.............Per Load.......... 6.00
I. By Truck Over One Ton................... 10.00
J. Individual Tribal Member................ No Charge
K. Tires.................Each.............. 1.00
RULE 5. Time for Collection of Fees and Charges. All fees and
charges for use of the sanitary landfills shall be collected
by the DWM prior to allowing any person or entity use of the
facility. Or, a disposal contract must be in place before
any person or entity uses the facility.
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