[Adopted 7-15-1992 by Ord. No. 92-11; amended in its entirety 4-8-1998]
A. 
The purpose of this article is to promote the health, safety, aesthetics, and general welfare of the people and communities within the Menominee Indian Reservation. The general intent of this article is to regulate the collection and disposal of solid waste. It is further intended to provide for the administration and enforcement of this article and to provide penalties for its violation.
B. 
The jurisdiction of this article shall include all lands and water within the exterior boundaries of the Menominee Indian Reservation, except where indicated otherwise in this article.
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.[1] 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.
B. 
Sludge waste.
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.
[1]
Editor's Note: See Ch. 361, Art. I, Hazardous Waste.
A. 
It shall be illegal to leave, deposit, or dump solid waste anywhere within the jurisdiction of the Menominee Indian Tribe except as provided under § 504-28 of this article. Solid waste placed on a person's own property for curbside pickup by a commercial hauler shall not constitute leaving, depositing, or dumping solid waste under this article.
B. 
It shall be illegal for nonmembers to dispose of solid waste anywhere within the exterior boundaries of the Menominee Indian Reservation. Nonmember residents and nonmembers that own vacation property and are thus temporary residents, however, may use the transfer site for commingled and paper/cardboard recycling purposes only. Nonmembers may use the Keshena transfer site for additional recycling purposes, i.e., tires, scrap metal and waste oil, by paying an annual user fee to the Menominee Indian Tribe of Wisconsin.
[Amended 2-20-2003]
C. 
Solid waste generated outside the boundaries of the Menominee Indian Reservation shall not be disposed of on any lands, dumping sites, transfer sites, or landfill within these boundaries.
D. 
It shall be illegal for any person to:
[Amended 2-20-2003]
(1) 
Dispose of solid waste on any private or public residential property, except as specifically authorized by the Menominee Indian Tribe.
(2) 
Deposit solid waste from any stopped or moving vehicle onto any state, county, town, BIA or tribal highways, roads, or rights-of-way.
(3) 
Deposit brush or leaves onto the ditches or roadway of any state, county, town, or tribal highways, roads, plantation roads or rights-of-way. Brush and leaves should be deposited at a designated yard waste facility or composted in an individual's compost bin.
A. 
Establishment of transfer sites. The Menominee Indian Tribe shall establish sites where solid waste can be collected for safe and sanitary removal from the Menominee Indian Tribe.
B. 
Use of sites.
(1) 
Tribal members shall dispose of their solid waste using curbside collection at their residences. On limited occasions when curbside is not convenient, i.e. funerals and weddings, tribal members may use the Keshena transfer site to dispose of solid waste.
[Amended 2-20-2003]
(2) 
Authorized commercial haulers of solid waste may be authorized by the Menominee Indian Tribe to use said transfer sites upon the payment of reasonable tipping fees. The cost of the tipping fees shall be as found in § 504-30.
(3) 
Nonmember permanent and temporary residents paying the annual fee to the Menominee Indian Tribe of Wisconsin and tribal members may deposit used motor oil, appliances, car batteries, brush and leaves, used construction materials, hazardous or Type "A" or "B" special waste in the above transfer sites in a manner prescribed by the Tribe.
[Amended 2-20-2003]
A. 
Enforcement. It shall be the duty of the Director of the Environmental Health Program, the Director of the Community Development Department and law enforcement agencies to monitor and strictly enforce the provisions of this article. They are authorized to do so by citation.
[Amended 2-20-2003]
B. 
Penalties.
(1) 
Violations of § 504-27. Any person, firm, or corporation violating any of the provisions of § 504-27 of this article shall, upon conviction, be fined not less than $10 nor more than $10,000, together with costs of prosecution, and shall remove illegally deposited material to a designated site.
(2) 
Violations of § 504-28B. Any person, firm, or corporation disposing of waste in nondesignated areas shall, upon conviction, be fined not less than $10 nor more than $10,000, together with costs of prosecution, and shall remove illegally deposited material to a designated site.
C. 
The Menominee Tribal Legislature, by motion, shall approve a fee schedule which states the amount of all fees required by this article.
[Added 2-20-2003]
Commercial haulers will be required to pay a tipping fee to offset the Menominee Indian Tribe's actual cost of transportation and tipping.