As used in this article, the following terms
shall have the meanings indicated:
BUSINESS
Any structure, whether public or private, temporary or permanent,
that is adopted for occupancy for transaction of business, for rendering
of professional service, for amusement, for the display, sale or storage
of goods, wares, or merchandise, or for the performance of work or
labor.
COMMERCIAL HAULER
Any individual contracted to haul solid waste on the Menominee
Indian Reservation for consideration.
GARBAGE
Discarded materials resulting from the handling, processing,
storage and consumption of food. It does not include used motor oil,
car batteries, appliances or hazardous wastes.
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
(RCRA) of 1976, P.L. 94-580.
RESIDENCE
Any place of habitation within the exterior boundaries of
the Menominee Indian Reservation.
SOLID WASTE
Any garbage, refuse, sludge or any other waste material generated
from business and living activities. "Solid waste" does not include
human body waste. It includes any material that is defined as solid
waste pursuant to 40 CFR 261.2.
TRIBAL MEMBER
Any enrolled member, spouse, or descendent of the Menominee
Indian Tribe who resides within the exterior boundaries of the Menominee
Indian Reservation.
TYPE "A" SPECIAL WASTE
Any waste from a commercial or industrial activity meeting
any of the following descriptions:
A.
Waste containing free liquids.
C.
Waste from an industrial process.
D.
Waste from a pollution control process.
E.
Residue from a spill of a chemical substance
or commercial product.
F.
Contaminated residuals from the cleanup of a
facility generating, storing, treating, recycling or disposing wastes
or chemical substances.
G.
Any waste which is nonhazardous as a result
of treatment pursuant to RCRA Subtitle C.
TYPE "B" SPECIAL WASTE
Any waste from a commercial or industrial activity meeting
the following descriptions:
A.
Friable asbestos waste from building demolition
or cleaning. Nonfriable asbestos is a special waste if it has been
processed, handled or used in such a way that asbestos fibers may
be freely released. Asbestos-bearing industrial process waste is a
Type "A" special waste.
B.
Commercial products or chemicals which are off-specification,
outdated, unused or banned.
C.
Untreated biomedical waste.
D.
Treated biomedical waste.
E.
Liquids and sludges from septic tanks, food
service grease traps or washwater and wastewaters from commercial
laundries, laundromats, and car washes unless these waters are managed
at commercial or public treatment works.
F.
Chemical-containing equipment removed from service.
G.
Waste produced from the demolition or dismantling
of industrial process equipment or facilities contaminated with chemicals
from the industrial process.
Commercial haulers will be required to pay a
tipping fee to offset the Menominee Indian Tribe's actual cost of
transportation and tipping.