09-09-90
SOLID WASTE MANAGEMENT CODE OF 1990
TITLE I
SHORT TITLE; FINDINGS; DEFINITIONS
Section 101. Short Title. This Code shall be known as the
Campo Band of Mission Indians Solid Waste Management Code of 1990 (the
"Code").
Section 102. General Council Findings and Declarations. The
General Council finds and declares as follows:
(a) The increasing volume and variety of solid waste and
hazardous material being generated on the Reservation
and throughout the State of California and the
often-inadequate existing methods of managing solid
waste and hazardous material are creating conditions
that threaten the public health, safety, and
well-being by contributing to land, air, and water
pollution, to the production of flies, rodents, and
litter, to the waste of dwindling natural resources,
and to the general deterioration of the environment.
(b) The foregoing situation arises from the interaction
of a number of factors, including but not limited to
rapid population increase, decentralized urban
growth, industrial expansion, agricultural changes,
transportation improvements, and technological
developments in the manufacturing, packaging, and
marketing of consumer products, which collectively
are placing planning, economic, and resource base
limitations upon the availability of land for solid
waste and hazardous material disposal.
(c) The economic and population growth of the Campo Band
and the State of California and the improvements in
the standard of living have required increased
industrial production and have made necessary the
demolition of old buildings, the construction of new
buildings, and the provision of highways and other
avenues of transportation, which, together with
related industrial, commercial, and agricultural
operations, have resulted in a rising tide of scrap,
discarded, and waste material.
(d) Although land is too valuable a resource to be
needlessly polluted, most solid waste is disposed of
on land in open dumps and sanitary landfills; open
dumping is particularly harmful to health,
contaminates drinking water from underground and
surface supplies, and pollutes the land, air, and
water.
(e) The continuing concentration of population in
expanding metropolitan and other urban areas has
presented these communities with serious financial,
management, intergovernmental, and technical problems
in the disposal of solid waste and hazardous material
resulting from the industrial, commercial, domestic,
and other activities carried on in such areas.
(f) As a result of the Clean Air Act (42 U.S.C.A.
Sections 7401 et seq.), the Water Pollution Control
Act (33 U.S.C.A. Sections 1251 et seq.), and other
laws respecting public health and the environment,
greater amounts of solid waste in the form of sludge
and other pollution treatment residues have been
created. Inadequate and environmentally unsound
practices for the disposal or use of solid waste and
hazardous material have created greater amounts of
soil, air, and water pollution and other problems for
public health and the environment. The traditional
methods of solid waste and hazardous material
management may not meet future requirements for
eliminating environmental pollution and conserving
natural resources.
(g) Methods of solid waste management emphasizing source
reduction, recovery, and recycling of all solid waste
are essential to the long-range preservation of the
health, safety, and well-being of the public, to the
economic productivity of the Campo Band and the State
of California, to the environmental quality of the
Reservation and the State of California, and to the
conservation of natural resources.
(h) Disposal of solid waste and hazardous material in or
on the land without careful planning and management
will present a danger to public health and the
environment.
(i) Millions of tons of recoverable material that could
be used are needlessly buried each year. Methods are
available to separate recoverable material from solid
waste. The recovery and conservation of such
material can produce numerous benefits to the Campo
Band, the State of California, and the United States.
(j) The State of California is rapidly losing its ability
safely and economically to manage the solid waste it
generates each year. Expansion of existing sanitary
landfills and the establishment of new ones close to
solid waste generation sources is becoming
increasingly difficult due to local citizen
opposition.
(k) Significant savings could be realized by, conserving
material in order to reduce the volume or quantity of
material that ultimately becomes solid waste. Solid
waste contains valuable energy and material resources
that can be recovered and used, thereby conserving
increasingly scarce and expensive fossil fuels and
virgin materials. The recovery of energy and
material from solid waste and the conservation of
energy and materials contributing to municipal solid
waste streams can have the effect of reducing the
volume. of the municipal solid waste streams and the
burden of disposing of increasing volumes of solid
waste. The technology to conserve resources and to
recover energy and materials from solid waste exists
and is commercially feasible to apply.
(1) The long-term protection of land, air, and water from
pollution due to the handling, treatment, composting,
and disposal of solid waste is best achieved by
requiring financial assurances of the closure and
postclosure maintenance of solid waste facilities.
(m) It is in the public interest to establish and
maintain a comprehensive Tribal solid waste
management policy, the objectives of which will be to
manage and control solid waste and to prohibit the
introduction of hazardous material into the
Reservation in order to protect the public health,
safety, and well-being, to preserve the environment,
and to provide for the maximum reuse of the resources
contained in solid waste.
Section 103. Prohibition of Hazardous Material. In order to
protect the limited land, air, and water resources of the Reservation
from irremediable hazardous pollution and to protect the health,
safety, and welfare of all residents of the Reservation and
surrounding communities; receiving, handling, treatment, composting,
or disposal of hazardous material is expressly prohibited within the
exterior boundaries of the Reservation, except that CEPA may permit
the establishment of a program for the collection, storage, transfer,
transportation, and disposal off the Reservation of Hazardous Material
from residences on the Reservation, subject to such conditions as CEPA
may impose.
Section 104. Prohibition on Disposal in Open Dumps. In order to
protect the limited land, air, and. water resources of the Reservation
from irremediable hazardous pollution and to protect the health,
safety, and welfare of all residents of the Reservations and
surrounding communities, disposal of solid waste in any open dump is
expressly prohibited within the exterior boundaries of the Reservation.
Section 105. Definitions. Unless otherwise provided, the
following definitions shall apply throughout this Code:
(a) "BIA" means United States of America, Department of
the Interior, Bureau of Indian Affairs.
(b) "Campo Band" means the Campo Band of Mission
Indians, a federally recognized Indian tribal
government.
(c) "CEPA" means the Campo Environmental Protection
Agency.
(d) "Closure" means the termination of the receiving,
handling, treatment, composting, or disposal of
solid waste at a solid waste facility, and includes
all operations necessary to prepare the facility for
post-closure maintenance.
(e) "Collection" means the act of collecting solid
waste or hazardous material at the place of
generation by an approved collection agent and does
not mean removal.
(f) "Composting" means the controlled microbial -
degradation of organic solid waste yielding a safe
and nuisance free product.
(g) "Construction" means the erection or building of
new structures or the acquisition, replacement,
expansion, remodeling, alteration, modernization, or
extension of existing structures.
(h) "Disposal" means the discharge, abandonment,
deposit, injection, dumping, spilling, leaking, or
placing of any solid waste or hazardous waste into
or on any soil, air, or water.
(i) "Disposal facility" means a facility permitted to
receive and dispose of solid waste. It does not
include a facility the principal function of which
is handling, treatment, or composting of manure or
other solid waste not intended for disposal.
(j) "Energy recovery" means the production of energy or
energy resources from the handling or disposal of
solid waste.
(k) "Enforcement program means the rules, regulations,
and procedures adopted by CEPA to enforce this Code.
(l) "General Council" means the governing body of the
Campo Band of Mission Indians.
(m) "Handling" means collection, transportation,
storage, transfer, or processing.
(n) "Hazard" includes any condition, practice, or
procedure that is or may be dangerous, harmful, or
perilous to individuals, property, the natural
environment, or the general public.
(o) ''Hazardous material" means any substance, material,
smoke, gas, particulate matter, or combination
thereof that:
(1) Because of its quantity, concentration, or
physical, chemical, or infectious
characteristics, may- either cause or
significantly contribute to an increase in
mortality or serious irreversible or
incapacitating illness, or pose a substantial
present or potential hazard to human health,
living organisms, or the environment when
improperly handled, treated, composted, or
disposed of;
(2) Is defined to be hazardous or toxic by the
comprehensive Environmental Response,
Compensation, and Liability Act of 1980 or the
Resource Conservation and Recovery Act of 1976,
as either act may be amended from time to time,
and by any regulations promulgated thereunder,
including but not limited to any substance,
material, smoke, gas, particulate matter, or
combination thereof containing asbestos,
petroleum or its byproducts, or
polychlorobiphenyls ("PCBS") ; or
(3) is hazardous, toxic, ignitable, reactive, or
corrosive, and that is defined and regulated as
such by CEPA, the State of California, or the
United States of America.
(p) "Implementation schedule" means a schedule that
indicates approximate dates for the orderly, timely
implementation of Plan policies and programs, and
includes approximate dates for the establishment,
expansion, and closure of any solid waste facility
identified and reserved in the Plan.
(q) "Open dump" means any facility or site at which
solid waste or hazardous material is disposed of in
a manner that does not protect the environment, is
susceptible to open burning, or is exposed to the
elements, vectors, and scavengers, and which is not
a solid waste facility.
(r) "Operator" means the person to whom the approval to
operate a solid waste facility or collection system
is granted.
(s) "Permittee" means a person, including but not
limited to an operator, authorized and permitted to
operate a solid waste facility under this Code.
(t) "Person" means an individual, trust, firm,
association, partnership, political subdivision,
government agency, municipality, industry, public or
private corporation, or any other entity whatsoever.
(u) "Plan" means the Solid Waste Management Plan.
(v) "Pollution'' the condition caused by the presence in
or on soil, air, or water of any solid waste,
hazardous material, or substance derived therefrom
in such quantity, of such nature and duration, or
under such condition that the quality, appearance,
or usefulness of the soil, air, or water is
significantly degraded or adversely altered.
(w) "Post-closure maintenance" means all activities
undertaken at a closed solid waste facility, to
maintain the integrity of containment features and
to monitor compliance with applicable performance
standards.
(x) "Processing" means the reduction, separation,
recovery, conversion, or recycling of solid waste or
hazardous material.
(y) "Recoverable" means the capability and likelihood
of a material or byproduct being recovered from
solid waste for a commercial or industrial use.
(z) "Recovered material" means material and byproducts
that have been recovered or diverted from solid
waste, but such term does not include those
materials and byproducts generated from and commonly
reused within an original manufacturing process.
(aa) "Recycling" means the process of sorting,
cleansing, treating, and reconstituting solid waste
or other discarded material in order to prepare the
altered form for use.
(bb) "Removal" means the act of taking solid waste or
hazardous material from the place of generation.
(cc) "Reservation" means the Campo Indian Reservation.
(dd) "Recovery" means the recovery of material,
byproducts, or energy from solid waste.
(ee) "Resource recovery system" means a solid waste
management system that provides for collection,
separation, recycling, and recovery of solid waste,
including disposal of nonrecoverable waste residue.
(ff) "Sanitary landfill" means a disposal facility
employing a method of disposing of solid waste on
land, without creating nuisances or hazards to
public health or safety, by using methods to
confine the solid waste to the smallest practical
area, to reduce it to the smallest practical
volume, and to cover it with a layer of suitable
cover material at specific designated intervals.
(gg) "Segregated from other waste material" means any
of the following:
(1) the placement of recyclable materials in
separate containers,
(2) the binding of recyclable material separately
from the other solid waste, or
(3) the physical separation of recyclable material
from other solid waste.
(hh) "Solid waste" means all putrescible and
nonputrescible solid, semisolid, and liquid waste,
including but not limited to garbage, trash, refuse,
paper, rubbish, ashes, industrial waste,
construction and demolition waste, abandoned
vehicles and parts thereof, discarded home and
industrial appliances, manure, vegetable or animal
solid and semisolid waste, other discarded solid,
liquid, and semisolid waste from a wastewater
treatment plant, water supply treatment plant, or
air pollution control facility, or other discarded
gaseous material resulting from industrial,
commercial, mining, or agricultural operations, or
community activities; but not including hazardous
material; solid or dissolved material in domestic
sewage; solid or dissolved material in irrigation
return flows; industrial discharges that are point
sources subject to permits under 33 U.S.C. Section
1342; or source, special nuclear, or byproduct
material as defined by the Atomic Energy Act of
1954, as amended, 42 U.S.C. Sections 2011 et seq.
(ii) "Solid waste facility" means a disposal facility; a
transfer/processing station; a composting facility;
any resource recovery system or component thereof;
any system, program, or facility for resource
conservation; and any facility for the handling,
treatment, composting or disposal of solid waste;
whether such facility is associated with facilities
generating such solid waste or otherwise.
(jj) "Solid waste management" means a planned program
for effectively controlling the generation,
handling, treatment, composting and disposal of
solid waste in a safe, sanitary, aesthetically
acceptable, and environmentally sound manner.
(kk) "Solid Waste Management Plan" or "Plan" means the
comprehensive plan for solid waste handling,
treatment., composting, and disposal within the
Reservation, and prepared by CEPA pursuant to this
Code.
(ll) "Transfer/processing station" means a facility,
used to receive, temporarily store, process, or
transfer solid waste directly from smaller to larger
vehicles for transport. "Transfer/processing
station" does not include:
(1) A facility the principal function of which is
to receive, handle, process, treat, or compost
manure in accordance with Tribal minimum
standards;
(2) A facility the principal function of which is
to receive or handle solid waste that has
already been separated for reuse and is not
intended for disposal; or
(3) The operations premises of a duly licensed solid
waste collection operator who handles solid
waste as an activity incidental to the conduct
of a refuse collection and disposal business.
(nm) "Treatment" means any method, technique, or process
designed or intended to change the physical,
chemical, or biological characteristics of solid
waste or hazardous material to render it less
harmful to the quality of the soil, air, and water;
safer to handle; or easier to contain, manage, or
use as fuel, nutrient, soil amendment, or other
additive.
(nn) "Tribe" means the Campo Band of Mission Indians,
and "Tribal" refers to such Tribe.
(oo) "Vector" means any insect, anthropod, rodent, or
other animal capable of transmitting a pathogen from
one organism to another or of disrupting the normal
enjoyment of life by adversely affecting the public
health and well-being.
106. Severability. If any provision of this Code or the
application thereof to any person or circumstances is held invalid,
such invalidity shall not affect any other provisions or applications
of this Code that can be given effect without the invalid provision or
application thereof, and to this end the provisions of this Code are
severable.
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