The purpose of these rules under this article
is to help ensure that efficient, nuisance-free and environmentally
acceptable solid waste management procedures are practiced within
the exterior boundaries of the Menominee Indian Reservation and Menominee
County; to establish minimum standards defining acceptable solid waste
management sites applicable to owners or operators of solid waste
facilities (landfills) which store solid waste; to establish standards
for the transportation and collection of solid waste on the Reservation;
to establish regulations concerning salvage yards and incinerators;
and to establish fees for associated land disposal facilities and
long-term care of sites.
Because of the concern and problems associated with solid waste management on the Menominee Indian Reservation, the Tribe has prohibited constructing or using land spreading sites or facilities, and storing or disposing of hazardous wastes as defined under Chapter
361, Article
I, Hazardous Waste, of this Code, in any site or facility constructed or used exclusively for the disposal of solid wastes within the exterior boundaries of the Menominee Reservation.
These rules under this article shall be governed by Article
I (Jurisdiction) of the Constitution and Bylaws of the Menominee Indian Tribe of Wisconsin, a federally recognized sovereign Indian tribe, be consistent with applicable federal law, and extend to all persons and subjects, to all lands and other property, including natural resources, and to all waters and air space within the exterior boundaries of the Menominee Reservation, including any land which may hereafter be added to the Reservation under any law of the United States. The governmental powers of the Menominee Indian Tribe shall, consistent with applicable federal law, also extend outside the exterior boundaries of the Reservation to any persons, subjects, or real property which is, or may hereafter be, included within the jurisdiction of the Tribe under any law of the United States. Any person who violates any regulations or laws set forth under this article shall be prosecuted under tribal law whereby under Article
III, Section 2 of the Tribal Constitution and Bylaws (Powers of the Tribal Judiciary), the Tribal Judiciary shall be vested with all judicial powers of the Tribe, including the power to decide cases in which a person is accused by the Tribe of committing an offense against the laws of the Tribe. The powers granted to the judiciary by this section shall include judicial powers restored or granted to the Tribe by any law of the United States or other competent authority.
In accordance with a Memorandum of Understanding
between the Menominee Indian Tribe, the State of Wisconsin Department
of Natural Resources and the United States Environmental Protection
Agency regarding the implementation of these rules and regulations
on the Menominee Reservation, the Menominee Tribe, as a sovereign
nation and governing body for jurisdictional affairs on the Reservation,
has responsibility for all matters of tribal policy under this article.
The Wisconsin Department of Natural Resources, acting as a neighboring
government whose interests are served by the development of a strong
tribal regulatory presence on the Reservation, will provide advice
and technical assistance to the Tribe. All parties to the Memorandum
will endeavor to establish and maintain close communication and coordination
with each other, as they share a common sense of purpose to protect
precious natural resources from the threat of pollution.
The following special definitions are applicable
to the terms used in this article:
AIR CURTAIN DESTRUCTOR
A solid waste processing facility that combines a fixed open
pit and mechanical air supply which uses an excess of oxygen and turbulence
to accomplish the smokeless combustion of clean wood wastes and similar
combustible materials.
CLOSING
The time at which a solid waste facility ceases to accept
waste, and includes those actions taken by the owner or operator of
the facility to prepare the site for any required long-term care and
make it suitable for other uses.
CLOSURE
Those actions taken by the owner or operator of a solid waste
site or facility to prepare the site for long-term care and to make
it suitable for other uses.
CLOSURE PLAN
A written report and supplemental engineering plans detailing
those actions that will be taken by the owner or operator to effect
proper closure of a solid waste disposal facility.
COD
Chemical oxygen demand.
CONSTRUCT
To engage in a program of on-site construction, including
but not limited to site clearing, grading, development or landfills.
CONSTRUCTION OBSERVATION REPORT
A written report submitted under the seal of a registered
professional engineer advising that a solid waste disposal facility
has been constructed in substantial compliance with a Tribe-approved
plan of operation.
CONTAINERIZED STORAGE FACILITY
A mechanical or nonmechanical storage container or facility
designed and operated for storage and containment of solid waste.
CRITICAL HABITAT AREAS
Any habit determined by the Tribe to be critical to the continued
existence of any endangered species listed in Ch. NR 27, Wis. Adm.
Code.
DEMOLITION MATERIAL
Solid waste resulting from the demolition or razing of buildings,
roads and other man-made structures. Demolition material typically
consists of concrete, brick, bituminous concrete, wood, masonry and
plaster, alone or in combinations.
DESIGN CAPACITY
The total volume in cubic yards of solid waste to be disposed
of in a land disposal facility, including the volume of daily and
intermediate cover utilized in the facility, but not including final
cover or topsoil.
DISCARDED MATERIAL
Material that is no longer of use to the generator of the
material in the process from which it was generated.
DISPOSAL
The discharge, deposit, injection, dumping, or placing of
any solid waste into or on any land or water so that such solid waste
or any constituent thereof may enter the environment or be emitted
into the air or discharged into any waters, including groundwater.
DREDGE MATERIAL
Any earth material removed from the bed of any surface water.
ESTABLISH
To bring a solid waste disposal facility into existence.
FEASIBILITY REPORT
A report for a specific solid waste disposal facility that
describes the site, surrounding area, and proposed operation in terms
of land use, topography, soils geology, groundwater, surface water,
proposed waste, quantities and characteristics, and preliminary facility
design concepts.
FILL AREA
The area proposed to receive or which is receiving direct
application of solid waste.
FLOODPLAIN
The land which has been or may be hereafter covered by floodwater
during the regional flood as defined in Ch. NR 116, Wis. Adm. Code,
and includes the floodway and the flood fringe as defined in Ch. NR
116, Wis. Adm. Code.
FOOD CHAIN CROP
Crops grown for human consumption, and pasture, forage and
feed grain for animals whose products are consumed by humans.
GARBAGE
Discarded materials resulting from the handling, processing,
storage and consumption of food.
HAZARDOUS WASTE
Any waste identified by the Tribe as hazardous pursuant to
criteria promulgated by the Tribe. The tribal criteria will be identical
to the criteria promulgated by the United States Environmental Protection
Agency under § 3001(b) of the Resource Conservation and
Recovery Act of 1976, P.L. 94-580.
LAND DISPOSAL FACILITY
A solid waste disposal facility where solid waste is placed
in a landfill or surface impoundment facility for disposal purposes.
LANDFILL
A solid waste land disposal facility, not classified as a
surface impoundment facility, where solid waste is disposed on land
without creating nuisances or hazards to public health or safety by
utilizing the principles of engineering 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 earth at such intervals as
may be necessary.
LANDSPREADING
The discharge, deposit or placement of solid wastes onto
the land surface, or incorporated into the top several feet of the
surface soil, for agricultural, silvicultural and/or waste disposal
purposes.
LEACHATE
Water or other liquid that has been contaminated by dissolved
or suspended material due to contact with solid waste or gases thereof.
LONG-TERM CARE
The routine care, maintenance and monitoring of a solid waste
land disposal facility following the closing of the facility.
MINING WASTE
All waste soil, rock, mineral, liquid, vegetation and other
material directly resulting from or displaced by the prospecting or
mining and from the clearing or preparation of minerals during the
prospecting or mining operation.
MUNICIPAL SOLID WASTE
Solid waste primarily generated by residential activities
but may include minor amounts of commercial and industrial waste that
are in the total waste stream and are not hazardous.
OPEN BURNING
Combustion of solid waste where the products of combustion
are emitted directly into the ambient air without passing through
a stack or chimney.
OPEN DUMP
A land disposal facility which is not a sanitary landfill.
PERSON
An individual both tribally enrolled and a descendant of
tribally enrolled members, trust, firm, cooperative, institution,
joint-stock company, corporation (including the Menominee Tribal Government
Corporation), partnership, association, municipality, commission,
agency or instrumentality.
PLAN OF OPERATION
A report submitted for a solid waste disposal site or facility
that describes its location, design, construction, sanitation, operation,
maintenance, closing and long-term care.
POLLUTION
The contaminating or rendering unclean or impure of the waters,
air or land of the Menominee Reservation, making the same injurious
to public health, harmful for commercial or recreational use, or deleterious
to fish, birds, or animal or plant life.
PROCESSING FACILITY
A solid waste facility at which solid waste is baled, shredded,
pulverized, composted, classified, separated or altered by some means
to facilitate further transfer, processing, utilization or disposal
or incineration. Processing facilities do not include operations conducted
by scrap metal, paper, fiber or plastic processors excluded from the
definition of "solid waste disposal sites and facilities" in this
section.
PROOF OF FINANCIAL RESPONSIBILITY
A bond, deposit or account ensuring that sufficient funds
will be available to comply with the closure and long-term care requirements
of this article and the approved plan of operation.
PUTRESCIBLE WASTE
Solid waste which contains organic matter capable of being
decomposed by microorganisms and of such a character and proportion
as to be capable of attracting or providing food for animals.
REFUSE
Combustible and noncombustible rubbish, including but not
limited to paper, wood, metal, glass, cloth and products thereof;
litter and street rubbish; ashes; and lumber, concrete, and other
debris resulting from the construction or demolition of structures.
REGISTERED PROFESSIONAL ENGINEER
A professional engineer registered as such with the Wisconsin
Examining Board of Architects, Professional Engineers, Designers and
Land Surveyors.
SALVAGEABLE MATERIAL
Junk cars, machinery or equipment, scrap metal or other junk
or scrap materials which are of further usefulness mainly as a raw
material for reprocessing or as imperfect stock from which replacement
or spare parts can be extracted.
SALVAGE YARD
A solid waste disposal site or facility at which salvageable
materials are stored or sold or at which wrecking, dismantling or
demolition of salvageable materials is conducted. Salvage yards do
not include operations conducted by scrap metal, paper, fiber or plastic
processors excluded from the definition of "solid waste management
facilities" in this section, nor do salvage yards include small storage
areas for equipment such as are normally found adjacent to industrial
and commercial establishments.
SANITARY LANDFILL
A land disposal facility conforming to the applicable requirements
of this article.
SEPTAGE
Semisolid or liquid human or domestic waste removed from
septic tanks, holding tanks, seepage pits, grease traps, or portable
or permanent privies.
SEWERAGE SYSTEMS
All structures, conduits and pipelines by which sewage is
collected, treated and disposed of, except plumbing inside and in
connection with buildings served, and service pipes from building
to street main.
SLUDGE
Any solid, semisolid, or liquid waste generated from a municipal,
commercial or industrial wastewater treatment plant, water supply
treatment plant or air pollution control facility.
SOIL
Material that has been physically and chemically derived
from the bedrock by nature.
SOLID WASTE
Any garbage or refuse resulting from domestic, industrial,
commercial, and agricultural operations and from community activities,
but does not include solid or dissolved material in domestic sewage
or solid or dissolved material in irrigation return flows.
SOLID WASTE MANAGEMENT
The systematic administration of activities which provide
for collection, source separation, storage, transportation, transfer,
processing, treatment and disposal of solid waste.
SOLID WASTE MANAGEMENT FACILITIES
Any private, commercial, industrial or municipal establishments
or operations, such as, without limitation because of enumeration,
sanitary landfills, dumps, land disposal sites, auto junkyards, scrap
metal salvage yards, transfer stations, storage facilities, collection
and transportation services and other establishments or operations
for the storage, collection, transportation, transfer, processing,
treatment, recovery or disposal of solid waste. "Solid waste disposal
sites and facilities" does not include a site or facility for the
processing of scrap iron, steel or nonferrous metal using large machines
to produce a principal product of scrap metal for sale or use for
remelting purposes, nor does the term include a site or facility which
uses large machines to sort, grade, compact or bale clean wastepaper,
fibers or plastics, not mixed with other solid waste, for sale or
use for recycling purposes.
STABILIZATION OF A LAND DISPOSAL SITE OR FACILITY
The process of waste settlement and associated land surface
maintenance to ensure that the majority of the settlement has occurred,
that pockets or depressions caused by settlements have been refilled
or regraded, and that the final land surface contours represent a
stable condition for closure and site maintenance purposes, including
slopes for positive runoff.
STABILIZATION OF WASTE
Any chemical, physical, or thermal treatment of a waste,
either alone or in combination with biological processes, which results
in a significant reduction of pathogenic organisms, including viruses.
STORAGE SITE OR FACILITY
A solid waste disposal site or facility for the storage of
solid waste on a temporary basis in such a manner as not to constitute
ultimate disposal of solid waste.
SURFACE IMPOUNDMENT FACILITY
A natural topographic depression, artificial excavation or
dike arrangement which is used for storage of waste fluids or semisolids.
TOPSOIL
Natural loam, sandy loam, silt loam, silt clay loam or clay
loam humus-bearing soils or other material that will easily produce
and sustain dense growths of vegetation capable of preventing wind
and water erosion of the material itself and other materials beneath.
TRANSFER FACILITY
A solid waste disposal site or facility at which transferring
of solid waste from one vehicle or container to another, generally
of larger capacity, occurs prior to transporting to the point of processing
or disposal.
TRIBE
The Menominee Indian Tribe of Wisconsin.
USGS
United States Geological Survey.
WATERWORKS
All structures, conduits and appurtenances by means of which
water is delivered to consumers, except piping and fixtures inside
buildings served, and service pipes from buildings to street main.
WELL NEST
Two or more wells installed within 10 feet of each other
at the ground surface and constructed to varying depths.
WETLANDS
Those areas that are inundated or saturated by surface water
or groundwater at a frequency and duration sufficient to support,
and that under normal circumstances do support, a prevalence of vegetation
typically adapted for life in saturated soil conditions. Wetlands
generally include swamps, marshes, bogs, and similar areas. The permanent
channels of streams and rivers and open water of lakes and reservoirs
are not included in this definition.
No person shall operate or maintain an incinerator
within the exterior boundaries of the Menominee Reservation.
No person shall operate or maintain an air curtain
destructor facility within the exterior boundaries of the Menominee
Reservation.
Any person who violates this article or any rule promulgated or any plan approval, license or special order issued under this article shall forfeit not less than $100 nor more than $5,000 for each violation. Initial violations under §§
504-20K and
504-21 shall carry a minimum penalty of $250; all other initial offenses shall carry a minimum penalty of $100. Second offenses under §§
504-20K and
504-21 shall carry a minimum penalty of $750; all other second offenses shall carry a minimum penalty of $500. Third offenses under §§
504-20K and
504-21 shall carry a minimum penalty of $2,500; all other third offenses shall carry a minimum penalty of $1,000. Subsequent violations shall result in penalties not to exceed $5,000. Each day of continued violation is a separate offense. While the order is suspended, stayed or enjoined, this penalty shall not accrue.