n.a.
DRAFT
SHAKOPEE MDEWANKATON SIOUX COMMUNITY
SOLID WASTE DISPOSAL AND RECYCLING ORDINANCE
I. Findings:
The Shakopee Mdewankaton Sioux General Council ("General 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 lands of the community. The General Council also
recognizes that proper waste disposal is important to the protection of
the Community environment and natural resources. Inefficient,
inappropriate, and unsanitary disposal of solid waste can have adverse
impacts on the land and waters of the Community. Waste items that can
be recycled to reduce the amount of waste requiring final disposal
should be recycled.
2. Applicability:
This Ordinance applies to the activities on the lands of the community
of members, non-members, residents and non-residents of the Community.
3. Definitions:
(a) "Collector" means those licensed by the Community to
collect, transport and dispose of solid waste.
(b) "Community" means the Shakopee Mdewankaton Sioux Community
located in Prior Lake, Minnesota.
(c) "Community Environmental Engineer" means the established
position of Community Environmental Engineer in the Community which may
be either full-time or part-time, as the workload demands, and shall
have the powers and duties as prescribed in this ordinance.
(d) "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.
(e) "Indian Health Services (IHS) Field Sanitation" means the
representatives from the US Public Health Service, Department of Health
and Human Services, appointed to supervise the operation of all
sanitary facilities of the Community to include liquid, solid and
hazardous waste, and to inspect the same, and shall have the powers and
duties as prescribed in this ordinance.
(f) "Non-resident" means any person who does not have a
permanent place of abode on the lands of the Community except as
hereafter provided. Non-resident does not mean any temporal or
seasonal resident, for purposes of solid waste generated at the
temporary or seasonal residence, and does not mean any place of
business, for purposes of solid waste generated at the business.
(g) "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,
and including hazardous waste, but does not include sewage and human
wastes.
4. Temporary Solid Waste Storage:
(a) Solid waste within the lands of the Community shall be
handled, temporarily 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 temporary
sanitary storage of all solid waste accumulated at the premises,
business establishment or industry.
(c) Solid waste shall be temporarily stored in durable, 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.
5. Solid Waste Disposal
(a) It shall be unlawful to:
(i) Leave, deposit, or dump solid waste anywhere within the
lands of the Community, except at designated temporary collection sites
in the manner set forth by the collector.
(ii) Dispose of any solid waste generated outside the lands
of the Community or any lands within the boundaries of the Community.
(iii) Dispose of solid waste from any stopped or moving
vehicle onto state, county, or tribal highways, roads, or right of
ways, within the lands of the Community.
(iv) Dispose of any hazardous waste within the lands of the
Community.
(b) License Required for Solid Waste Disposal. A license
shall be required to collect and dispose of solid waste generated within
the lands of the Community. The guidelines for the manner and hours
of collection and disposal of solid and hazardous waste shall be set
forth [in this Ordinance].
(c) License Application and Issuance. The application for a
license under this section shall be subscribed and sworn to by the
applicant and shall contain the name and address of the proposed
licensee and of the owner of the vehicle or vehicles to be used in the
transportation of such garbage, and a description of the vehicles to
be used and of the tanks or containers in which such garbage is to be
used and of the tanks or containers in which such garbage is to be
transported, and such other useful information as the Community may
require. Such application shall be filed with the Community
Environmental Engineer.
(d) License Fee; Duration. The fee for such license shall be
$_________ per year for the first such vehicle so licensed, and an
additional sum of $________ for each additional vehicle licensed by the
same licensee. Such licensee shall expire on __________.
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(e) Approval required for Change of Equipment for Trash
Removal Vehicles. Such license shall constitute a registration of the
vehicle so licensed and of the tanks and containers to be used
therewith, and no other vehicle may be used and no change may be made
in the kind and type of tank or containers used under said license
without the written approval of the IHS Field Sanitation.
(f) Application for Change of Equipment. In the event the
licensee during the license year desires to change the vehicle or
vehicles so licensed, the licensee shall make application, describing
the new vehicle or vehicles to be used, and submit said application
to the Community Environmental Engineer. If the licensee obtains such
approval, there shall be a fee of ___________ ($______) for each
replacement vehicle so used.
(g) Licensee's Identification Required on Vehicles. Each
licensee hereunder shall permanently affix, in a prominent place on
each outer side of the vehicle used for hauling, the name and either
the address or telephone number of the licensee in letters not less
than three (3) inches in height, and shall keep the name and either
the address or telephone number in a condition so that it is at all
times readily distinguishable. No person shall display any name on
the outside of the vehicle except that of the licensee or his
registered trade name.
(h) Maintenance, Inspection of Equipment. All tanks,
containers and vehicles used under said license shall be kept in a
clean and sanitary condition and shall be at all times subject to the
inspection of the IHS Field Sanitation and Community Environmental
Engineer.
(i) Disposal of One's Own Garbage. A community resident that
desires to collect and dispose of his or her own solid waste shall
comply with all rules, regulations and fees as required by an
Environmental Protection Agency ("EPA") approved disposal site.
(j) Disposal Sites. All licensed collectors shall transport
to and dispose solid waste at an EPA approved disposal site.
(k) Manner and hours of collection.
(i) Manner - The temporary storage sites shall be as
prescribed by the community licensed collector.
(ii) Hours of collection - The following schedule shall be
the approved hours of collection:
Businesses 7:00 a.m. - 10:00 a.m. Everyday
Residential 7:00 a.m. - 5:00 p.m. Monday through
Friday at the discretion of the
licensed collector.
(l) Insurance: No license shall be issued and no renewal of
an issued license shall be granted unless and until the person
applying for such license shall first file with the Community
Environmental Engineer a policy or policies of insurance, or an
original duplicate of such policy or policies of an insurance company
authorized to do business in the State of Minnesota, insuring such
person against loss in the sum of at least five-hundred thousand
dollars ($500,000.00) against liability imposed by law on account of
bodily injuries or death of any one person in one accident (other than
persons covered by any workman's compensation law), and (subject to
said limit for one person) to a limit of not less than one million
dollars ($1,000,000.00) against liability imposed by law for bodily
injuries to death to two (2) or more persons in one accident, and in
the sum of at least five-hundred thousand dollars ($500,000.00) against
liability imposed by law on account of damage to or destruction of
property, except property of others in charge of the insured, by
reason of the ownership, use, maintenance or operation of any such
vehicle. Said policy shall also name the Community as an insured.
Said policy shall provide that it may not be canceled by the insurer
except thirty (30) days' written notice to the Community Environmental
Engineer. In case of cancellation of such insurance, the license
shall be suspended until such insurance has been replaced. If the
licensee operates more than one vehicle, he may file one policy of
insurance covering all of said vehicles, which policy of insurance
shall, however, insure or indemnify the licensee as to each vehicle in
the amounts hereinbefore stated. No cancellation of a policy of
insurance at the request of the named insured, or the company, shall
be effective until after the expiration of thirty (30) days' written
notice of such proposed cancellation has been filed with the
department of licenses and consumer services, and in the event of
the cancellation of any such policy of insurance without replacement,
the license issued shall be suspended.
6. Solid Waste Recycling.
The Shakopee Mdewankaton Sioux General Council will encourage
the businesses and residences to cooperate with waste recycling
programs that are available for the purpose of reducing waste and
disposal costs and to conserve natural resources.
7. Enforcement.
(a) The Business Council and the Community Environmental
Engineer, and the employees under their direction and control shall be
empowered to enforce this ordinance.
(b) Actions for violation of this Ordinance may be commenced
in the Community Tribal Court.
(c) Violation of any provision of this ordinance may be
punished or remedied by a civil forfeiture not to exceed $_____.
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 Community Rules
of Civil Procedure.
(e) Nothing herein shall prevent the Community Environmental
Engineer or Business Council from bringing suit against any violator
of this ordinance for money damages for harm to any Community resource
caused by the violation, or for injunction relief.
(f) Any person may bring suit in the Community Tribal Court
to enjoin a violation of this ordinance.
8. Administration.
(a) The Community Environmental Engineer shall be responsible
for the administration of this ordinance and of any tribal solid waste
collection facilities or systems.
(b) The IHS Field Sanitation shall conduct annual Solid Waste
Disposal System surveys for the Community. This survey includes
collection, storage and disposal of residential and business solid
waste.
9. Severability of 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
thereby. The General Council declares there is no liability on the
part of the Community, its agencies, or employees for damages that may
occur as a result of (illegible) upon or conformance with this
ordinance. The General Council, by adoption of this Ordinance, does
not waive sovereign immunity in any respect.
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