09-09-90
III-2. Environmental Policy Act of 1990
and
Solid Waste Management Act of 1990
TABLE OF CONTENTS
Page
CHAPTER ONE. ENVIRONMENTAL POLICY ACT OF 1990 1
TITLE I. SHORT TITLE; FINDINGS; DECLARATION OF POLICY 1
Section 101. Short Title 2
Section 102. General Council Findings and 1
Declarations
Section 103. Declaration of Policy 1
TITLE II. CAMPO ENVIRONMENTAL PROTECTION AGENCY 2
Section 201. Establishment 2
Section 202. Governing Body: Appointment; 2
Terms; Vacancies
Section 203. Chairman; Quorum; Meetings 2
Section 204. Duties and Powers of the Board 3
TITLE III. MISCELLANEOUS PROVISIONS 5
Section 301. Review of Commission Actions 5
Section 302. Waiver of Immunity 6
Section 303. Unlawful Acts 6
CHAPTER TWO. SOLID WASTE MANAGEMENT CODE OF 1990 8
TITLE I. SHORT TITLE; FINDINGS; DEFINITIONS 8
Section 101. Short Title 8
Section 102. General Council Findings and 8
Declarations
Section 103. Prohibition of Hazardous Waste 11
Section 104. Prohibition of Disposal in Open 11
Dumps
Section 105. Definitions 12
Section 106. Severability 18
TITLE II. CAMPO ENVIRONMENTAL PROTECTION AGENCY 19
Section 201. Designation as Lead Tribal Agency 19
Section 202. Tribal Solid Waste Management 19
Policy
Section 203. Power and Duties 19
(a) Adopt and enforce regulations 19
(b) Annual report 20
(c) Solid waste management plan 20
(d) Procedures for permit and 21
inspection program
(e) Studies, investigations, and 21
information systems
(f) Public information program 21
(g) Studies of litter 21
(h) Contracts 21
(i) Specification of exempt wastes 22
(j) Co-ordination and co-operation 22
with other agencies
TITLE III. SOLID WASTE MANAGEMENT PLAN AND CONSIDERATIONS 23
Section 301. Approval of Plan 23
Section 302. Contents of Plan 23
Section 303. Solid Waste Facility Sites 25
(a) Site considerations 25
(b) Determination prerequisite for 26
reservation of site
Section 304. Periodic Review of Plan 26
TITLE IV. RESOURCE RECOVERY PROGRAM 26
Section 401. Policy and Programs 26
(a) Research and development 27
program
(b) Special studies and 27
demonstration projects
Section 402. Study of Gas Migration 30
(a) Two year study 30
(b) Reports 30
Section 403. Development of Markets 31
(a) Studies 31
(b) Report 31
Section 404. Funding 31
TITLE V. PERMIT AND INSPECTION PROGRAM 31
Section 501. Solid Waste Facilities and 31
Transportation Permits
(a) Permit required 31
(b) Issuance of permit; contents 32
(c) Conditions for issuance 32
(d) Additional conditions for 33
solid waste facilities permit
(e) Additional conditions for 34
solid waste transportation
permit
(f) Periodic review 33
(g) Exemption from permit 33
requirements
(h) Compliance with applicable law 34
Section 502. Permit Application; Hearing; Fees 34
(a) Application for permit 34
(b) Contents of application 35
(c) Application for revision of
permit 35
(d) Application submitted under 36
oath; filing fee
(e) Closure and postclosure 36
maintenance
(f) Hearing on permit application 38
Section 503. Investigations; Reports; Inspections 39
(a) Investigations 39
(b) Reports by operators 39
(c) Inspections 39
Section 504. Protection of Proprietary Information 40
Section 505. Regulations 40
TITLE VI. ENFORCEMENT PROGRAM 40
Section 601. Enforcement Agency 40
Section 602. Duties 40
(a) Enforcement of Code 40
(b) Request enforcement by other 41
agencies
(c) Provide information to General 41
Council
(d) Development of programs 41
(e) Recordkeeping 41
(f) Consultation with health 41
agencies
Section 603. Periodic Review 41
Section 604. Fees and Taxes 41
Section 605. Enforcement Actions 42
(a) Notice to Chairman of General 42
Council
(b) Actions on Complaints 42
Section 606. Cease and Desist Orders; Remedial 43
Actions
(a) Cease and desist orders; 43
remedial actions by operators
(b) Imminent threats; remedial 43
actions by CEPA
(c) Remedial actions by CEPA 43
(d) Remedial actions by CEPA; 44
contracts
(e) Liability of operators and 44
other persons
Section 607. Compliance Schedule 45
Section 608. Revocation, Suspension, or 45
Modification of Permit
(a) Grounds for suspension, 45
revocation or modification
(b) Statement of Charges 45
(c) Notice of Hearing 46
(d) Notice of Defense 46
(e) Hearing panel 47
(f) Discovery; subpoenas and 47
subpoenas duce tecum
(g) Evidence and witnesses 48
(h) Issuance of decision 49
(i) Reduction of penalty or 49
reinstatement
Section 609. Civil Penalties 49
(a) Civil penalties for violations 49
(b) Disposition of civil penalty 50
funds
(c) Penalties in addition to others 50
ENVIRONMENTAL POLICY ACT OF 1990
TITLE I
SHORT TITLE; FINDINGS; DECLARATION OF POLICY
Section 101. Short Title. This Act shall be known as the Campo
Band of Mission Indians Environmental Policy Act of 1990 (the "Act").
Section 102. General Council Findings and Declarations. The
General Council of the Campo Band of Mission Indians (the "General
Council"), after careful review of the quality of the natural
environment of the Campo Indian Reservation (the "Reservation") and
the federal laws and policies relating to environmental regulation,
finds and declares as follows:
(a) The federal government, through its various agencies
and departments, cannot provide adequate protection
for the land, air, and water resources of the
Reservation.
(b) Current, past, and proposed future uses of the natural
resources of the Reservation have created or may
create a threat to the environment and to the health
and welfare of the residents of the Reservation.
(c) The Campo Band of Mission Indians (the "Campo Band"),
pursuant to its inherent sovereignty and federal law,
possesses the authority to provide for the
comprehensive regulation of environmental quality
within the exterior boundaries of the Reservation.
Section 103. Declaration of Policy. To promote the health and
welfare of the residents of the Reservation and in furtherance of the
sovereign right of self-governance of the Campo Band, the General
Council declares its commitment to the establishment and maintenance
of the highest attainable standards of environmental quality within
the exterior boundaries of the Reservation.
TITLE II
CAMPO ENVIRONMENTAL PROTECTION AGENCY
Section 201. Establishment. There is hereby established the
Campo Environmental Protection Agency ("CEPA").
Section 202. Governing Body: Appointment; Terms; Vacancies.
CEPA shall be governed by a Board of Commissioners (the "Board"),
which shall be composed of three (3) Commissioners, all of whom shall
be members of the Campo Band. The Commissioners shall be appointed by
the Chairman of the Campo Band with the advice and consent of the
General Council. Each Commissioner shall serve for a term of four (4)
years, provided that, in order to stagger the terms of office, one of
the original Commissioners shall be appointed for a term of two (2)
years, one for a term of three (3) years, and one for a term of four
(4) years. A vacancy on the Board, howsoever caused, will be filled
by the appointment procedure set forth in this Section, provided that
any appointment that does not begin coincident with the staggered
terms will be shortened as necessary to maintain the staggered terms.
Section 203. Chairman; Quorum; Meetings. The Commissioners
shall elect a Chairman from among themselves. The business of the
Board will be conducted at meetings of the Board duly called and
noticed and at which a quorum is present. A quorum shall consist of
two (2) Commissioners. Any substantive action of the Board must be
taken by the affirmative votes of at least two (2) Commissioners and
must be recorded in a written resolution of the Board. The Board
shall meet at such places and times as may be necessary for the
discharge of its duties. Meetings of the Board may be called by the
Chairman or by two (2) of the Commissioners. Any meeting of the Board
shall be preceded by at least five (5) days notice to the
Commissioners.
Section 204. Duties and Powers of the Board. The Board is hereby
authorized and empowered to:
(a) Develop environmental codes and accompanying
regulations and procedures to protect the environment
and promote the quality of the land, air, and water
resources of the Reservation, and to propose such
codes and regulations for adoption by the General
Council.
(b) Issue, modify, and revoke permits and establish terms
and conditions for any discharge into or upon the
land, air, or water of the Reservation.
(c) Conduct hearings and receive testimony and documentary
evidence of any nature relating to the quality of the
environment on the Reservation.
(d) Establish rules and procedures for the conduct of the
business of the Board.
(e) Establish rules and procedures to ensure maximum
public participation in the decisions of the Board,
consistent with applicable Tribal and federal laws.
(f) Establish rules and procedures to protect the
confidentiality of information that is proprietary in
nature.
(g) Hire such staff and enter into such contracts for
services as may be necessary and appropriate for
maintaining and enforcing Tribal environmental codes
and regulations and for the furtherance of the work of
CEPA.
(h) With the approval of the General Council, apply for
and receive financial assistance for the purpose of
promoting and protecting the quality of the
environment.
(i) Appoint one or more hearing officers to assist the
Board in the resolution of disputes and the
acquisition of information.
(j) Participate as a cooperating agency in the preparation
of Environmental Impact Statements pursuant to the
National Environmental Policy Act, 42 U.S.C. Sections
4321-370a ("NEPA").
(k) Serve as the lead Tribal agency for purposes of
federal environmental law and, with the approval of
the General Council, assume primary enforcement
responsibility under such laws.
(l) Establish and assess fees and conditions for the
issuance, continuance, modification, and revocation of
any permit.
(m) With the approval of the General Council, establish a
system of civil fines, sanctions, and penalties for
violations of Tribal environmental codes and
regulations, provided, however, that no fine or
penalty shall exceed $5000 per day per violation, and
provided further, that no fine or penalty shall be
imposed without notice and an opportunity for a
hearing before the Campo Band Environmental Court.
TITLE III
MISCELLANEOUS PROVISIONS
Section 301. Review of Commission Actions.
(a) There hereby is established the Campo Band
Environmental Court ("Environmental Court"). The
Environmental Court shall hear appeals from final
actions and decisions of the Board in accordance with
such rules and procedures as CEPA may establish by
regulation. Any affected party may seek review of any
final action or decision of the Board by filing an
appeal in the Environmental Court within thirty (3)
days of the entry of the final action or decision from
which the appeal is taken. The Environmental Court
shall hear appeals from the final actions or decision
only after exhaustion of all administrative remedies
provided by CEPA. The Environmental Court shall, upon
the petition of an affected party, conduct a review of
the record of the proceedings of CEPA but shall not
take new evidence; it may modify or reverse a decision
or action of CEPA only where such action or decision
is not supported by law or is clearly arbitrary and
capricious. CEPA, upon request of the Environmental
Court, shall provide to the Environmental Court a
certified copy of all documents, records, transcripts,
or other information that formed the basis for any
action or decision as to which an affected party seeks
review. The action of the Environmental Court on
appeal shall be final.
(b) The Campo Band, acting by and through the General
Council, shall have standing to object to any final
action or decision of CEPA and may appeal such final
action or decision in the Environmental Court, subject
to the provisions of this Section.
Section 302. Waiver of Immunity. The General Council hereby
waives the sovereign immunity of CEPA for the express and sole purpose
of allowing reviews of CEPA actions by the Environmental Court under
Section 301, provided that any such appeal must be timely and properly
filed, and provided further, that such waiver is made only to the
extent necessary to subject CEPA to suit for the sole purpose of
declaring and adjudging rights and obligations under the environmental
codes and regulations of the Campo Band. This waiver is strictly
limited, specifically does not waive CEPA's immunity from suit for
monetary damages, and specifically does not waive the sovereign
immunity of the General Council, the Campo Band, or any officer,
employee, or agent thereof.
Section 303. Unlawful Acts.
(a) It is prohibited for any person:
(1) Forcibly, or by bribe, threat, or other corrupt
practice, to obstruct or impede the activities of
CEPA and the Board;
(2) To commit fraud, or knowingly to assist another
in the commission of fraud, with the intent to
evade or defeat Tribal environmental codes or
regulations; or
(3) With knowledge and intent, falsely to verify by
written declaration any report, application for
permit, or any other document submitted to or
requested by CEPA.
(b) Any person who commits any of the above prohibited
acts may be subject to criminal penalties and also be
liable for any civil damage caused by the commission
of such acts and may be excluded from the Reservation.
(c) Any person who commits any of the above prohibited
acts, or whose employees or agent in the course of
their employment or agency commit any of the above
prohibited acts, may have its rights to engage in
activities on the Reservation suspended or terminated.
(d) The damages and sanctions for violation of this
Section may be enforced in the Environmental Court by
CEPA under such rules and procedures as CEPA may
establish by regulation.
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 actors, including but not limited to rapid
population increase, decentralized urban growth,
industrial expansion, agricultural changes,
transportation, 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 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 grater 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.
(l) 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" means 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.
(mm) "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.
Section 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.
CERTIFICATION
I, the undersigned, duly elected Chairman of the Campo Band of Mission
Indians, do hereby certify that the foregoing resolution was duly
adopted by the members of the Campo Band of Mission Indians by a vote
of 21 for and 0 against, with 1 abstaining, at a duly called Meeting
of the General Council on September 9, 1990.
/s/ Ralph Goff
Ralph Goff, Chairman
Attest:
/s/ Jackie Lelafu
Secretary
CAMPO BAND OF MISSION INDIANS
ENVIRONMENTAL POLICY ACT OF 1990
AND
SOLID WASTE MANAGEMENT CODE
OF 1990
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