None Designated
SOLID WASTE ORDINANCE
STANDING ROCK SIOUX TRIBE
DEFINITIONS
TEMPORARY
STORAGE
COLLECTION
DISPOSAL
VIOLATION
1. Definitions
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A. "Garbage" - all solid and semi-solid, putrescrible animal and
vegetable wastes resulting from the handling, preparing,
cooking, storing, serving, and consuming of food or of
material intended for use as food, and shall include all such
substances from all public and private establishments and
from all residents.
B. "Hazardous and Toxic Wastes" - those wastes that require
special handling to avoid illness or injury to persons or
damage to property.
C. "Incineration" - the processing and burning of wastes for the
purpose of volume and weight reduction in facilities designed
for such use.
D. "Incinerator" - any article, machine, equipment device,
contrivance, structure, or part of a structure used for the
destruction of solid waste which has a maximum capacity of
more than 500 pounds per hour.
E. "Modified Sanitary Landfill" - shall serve only one small
community with minimum disposal requirements.
F. "Open Burning" - controlled burning of wastes in the open or
in an open dump.
G. "Open Dumping: - the disposing of solid wastes in a manner
that does not protect the environment.
H. "Refuse" - Putrescible and non-putrescible wastes including
but not limited to garbage, rubbish, ashes, incinerator ash,
etc.
I. "Residential Wastes" -solid wastes resulting from household
operations.
J. "Rubbish" - non putrescible solid waste consisting of
combustible and non-combustible wastes, such as ashes, paper,
and board, tin cans, yard clippings, wood, glass, bedding,
crockery, or litter$of any kind.
K. "Rubble" - stone, brick or similar inorganic material.
L. "Sanitary Landfill" - a disposal facility employing an
engineered method of disposing of solid wastes on land in a
manner which minimizes environmental hazards, by spreading
the solid wastes in thin layers compacting the solid wastes
to the smallest practical volume and applying cover material
at the end of each working day.
M. "Solid Wastes" - include garbage, hazardous and toxin wastes,
refuse, residential wastes, rubbish, and rubble.
2. Temporary Storage
A. Responsibility: The owner of any premises, business
establishment, or industry shall be responsible for the
sanitary storage of all solid wastes accumulated at the
premise, business establishment, or industry.
B. Storage Containers: All solid wastes are to be stored in an
environmentally acceptable manner. To environmentally
acceptable for garbage, refuse, residential wastes and
rubbish, the container must be durable non-absorbent, water
tight, rodent proof, easily cleanable and have a fly-tight
cover.
C. Maintenance of Containers: All containers described in
section "B" (above) shall be maintained in such a manner as
to prevent the creation of a nuisance or menace to the public
health. The containers and their storage are to be
maintained in a clean orderly condition. Containers that are
broken or otherwise fail to meet the requirements of the
ordinance, shall be replaced with acceptable containers.
D. Objects Not Suitable for Containers: Objects too large or
otherwise unsuitable for storage containers shall be stored
in a nuisance free manner, consistent with the requirements
of the tribal health department.
E. Temporary Storage of Hazardous Waste: Hazardous and toxic
wastes shall not be placed in any container for collection,
transport, processing or disposal until the tribal health
department has approved the method of storage, transport,
processing or disposal.
3. Collection
A. Responsibility: The owners of all premises, business
establishments or industry are responsible for the collection
of solid wastes. The Tribe may elect to provide the service
for a fee within communities. The owners of all premise,
business establishments and industries where such services
are provided, will accept that service and fee or provide
their own service which meets the requirements of this
ordinance and the tribal health department.
B. Frequency of Collection: Solid wastes shall be collected at
sufficiently frequent intervals to prevent nuisances. The
interval will not exceed one week.
C. Collection Vehicles: The collection of all solid waste shall
be by a vehicle of such construction as to be readily
cleanable and to prevent spillage and/or leakage of solid
wastes during loading and transportation to the disposal site.
D. Transportation: The transportation of all solid wastes shall
be by means of vehicles, which will not permit blowing refuse
or leakage onto the roadway leading to the disposal site.
4. Disposal
A. Requirements for Disposal
1. Solid waste disposal is permitted only in sanitary
landfills, modified sanitary landfills, and/or sites
approved by the tribal health department.
2. All disposal of solid waste shall be by a method or
methods that provide rodent, insect, and nuisance control.
B. Sanitary Landfill and Modified Sanitary Landfill Requirements
1. All landfill sites must be provided with an all-weather
access road.
2. All landfill sites must be provided with fencing and
locked gates suitable for the control of access to the
site, control of paper scatter, and control of animal
(dog) access.
3. All landfill sites must be provided with drainage
facilities to drain off surface water to minimize runoff
onto and into the fill, to prevent erosion, and to
prevent the collection of standing water.
C. Sanitary Landfill - Equipment Requirements Every sanitary
landfill operation shall be provided with equipment adequate
for the excavation, compaction and covering procedures
required.
D. Sanitary Landfill Operation
Each sanitary landfill shall meet the following requirements:
1. Arrangements shall be made whenever possible to assure
efficient unloading of refuse at the bottom of the open
face of the fill, either by supervisory personnel or by
the placement of stationary or portable fencing.
2. Deposited refuse shall be uniformly distributed and
compacted in two foot layers. A working face with a
slope no steeper than (3:1) shall be maintained to permit
thorough compaction. No compacted cell shall exceed
eight feet in depth.
3. At the end of each working day, the open face of every
landfill shall be covered with at least six inches of
compacted earth. When each landfill site has been
completed, a final cover of at least 24 inches of
compacted earth, which will support growth, and is free
from cracks and extrusions of refuse, shall be provided.
4. Burning of solid waste shall not be allowed. Provisions
to extinguish fires must be provided.
5. The scattering of paper from a landfill site shall be
controlled through the use of fences and periodic pickup.
E. Modified Sanitary Landfill
Each modified landfill shall meet the following requirements:
1. The cell or trench shall not exceed 6 feet in depth.
2. It shall be sloped at one end to prevent entrapment of
children.
3. It shall be compacted and covered with 2 feet of dirt to
meet the requirements of a sanitary landfill once every
(3) three months or more often as required by the tribal
health department.
4. The scattering of paper from the landfill site shall be
controlled through the use of fences and periodic pickup.
F. Disposal of Hazardous Wastes in Landfill Sites Tribal health
departmental approval must be obtained prior to the
acceptance of any hazardous or toxic waste at a landfill.
Special arrangements shall be made at the site for the
handling of such wastes. Records shall be kept on the
quantity of hazardous and toxic wastes disposed of and of
their location in the landfill.
G. Disposal Site Locations
Solid waste disposal operations are prohibited:
1. Within one thousand feet of any lake, pond, or slough or
three hundred feet of any river or stream unless the
operator of the disposal site submits satisfactory
evidence showing that pollution of such waters is not
likely;
2. Within the flood plain of a water course unless the
operator shows pollution of such water course is not
likely and flooding of the disposal site is remote;
3. With an area from which solid waste or leaching therefrom
may be carried into any surface water;
4. Within an area from which leaching from solid waste is
likely to have a detrimental effect on the ground water
domestic uses;
5. Within one thousand feet of an existing public park
unless there is no feasible alternative to the operator
or the disposal site is included in a plan for expansion
of the part;
6. Within one thousand feet of a state truck highway unless
it is shown that the site would not constitute a safety
hazard on the highway;
7. Within an area which is not screened by natural objects,
plantings, fences or other appropriate means so that the
disposal site and operations at the site are not visible
from a state trunk highway or public park;
8. Within an area where the lowest portion of the fill would
be less than six feet above the area's normal high water
table, unless the applicant can show that adequate
measures have been taken to assure, with reasonable
certainty, the prevention of leaching into the ground
water which would render it unsuitable for domestic
purposes.
H. Closed and Abandoned Sites
Upon closing or abandoning a disposal site, the tribal health
department shall be notified of such action. Site will
require an inspection by the tribal health department before
final closure. Proper closure shall require the following:
1. Rodent control measures to ensure that rodents do not
leave the site.
2. Marking the site to indicate that the site is closed to
further dumping and indicating where the new site is
located.
3. Filling and draining the site so as to eliminate the
ponding of water on the surface of the site.
4. Maintaining the site until it has settled and no further
filling or draining problems exist.
I. Single Family Disposal Sites
A single family disposal site is permissable if it is
maintained on private property in such a manner as not to
create a health hazard or a public nuisance.
J. Violation of this Ordinance
Penalties for violating this tribal ordinance include:
1. A maximum of a $500 fine and/or 30 days in jail.
2. Work to clean up highways and/or disposal sites.
CROW CREEK SIOUX TRIBE UTILITY COMMISSION ORGANIZATIONAL
CHART SEE - HARD COPY
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