[Adopted 8-18-1994 by Ord. No. 94-12]
The purpose of this article is to establish
special laws and procedures in addition to current tribal laws regarding
the Menominee Tribe's partial authorization of the Resource Conservation
and Recovery Act (hereinafter RCRA) authority pursuant to 40 CFR 270
et seq. The Menominee Indian Tribe is required to follow the below
enacted rules as a condition of its partial RCRA authorization. These
special laws supersede and are in addition to currently enacted tribal
law.
These rules apply only to matters concerning
the implementation and enforcement of the Menominee Tribe's partial
RCRA authorization through Menominee Tribal Ordinance No. 92-14.[1] The requirements of this article are in addition to the
requirements of any other chapters and rules.
The below rules and procedures shall, in addition
to other tribal rules and procedures, apply to the Menominee Indian
Tribe's implementation and enforcement of its partial RCRA authorization:
A.
The Menominee Indian Tribe or its enforcement agency
shall have the authority to:
(1)
Restrain
immediately by order or by suit in Tribal Court any person from engaging
in any unauthorized activity which is endangering or causing damage
to public health or the environment.
(2)
Sue
in courts of competent jurisdiction to enjoin any threatened or continuing
violation of any program requirement, including permit conditions,
without the necessity of a prior revocation of the permit.
(3)
Assess
or sue to recover in court civil penalties in at least the amount
of $5,000 per day for any program violation.
(4)
Obtain
criminal penalties in at least the amount of $5,000 per day for each
violation and imprisonment for at least six months against any person
who knowingly transports any hazardous waste to an unpermitted facility;
who treats, stores, or disposes of hazardous waste without a permit;
or who makes any false statement or representation in any application,
label, manifest, record, report, permit, or other document filed,
maintained, or used for the purposes of RCRA program compliance.
B.
The Menominee Tribe or its enforcement agency shall
provide for public participation in the tribal enforcement process
by providing:
(1)
Assurances that the tribal agency or enforcement authority
will:
(a)
Investigate and provide written response to
all citizen complaints duly submitted;
(b)
Not oppose intervention by any citizen where
permissive intervention may be authorized by statute, rule, or regulations;
and
(c)
Publish and provide at least 30 days for public
comment on any proposed settlement of a tribal enforcement action.
The Menominee Indian Tribe or its enforcement
agency shall provide authority for any information obtained or used
in the administration of the tribal program to be available to the
Environmental Protection Agency (EPA) upon request without restriction.
The Menominee Indian Tribe shall allow assessment
information be made available to the Agency for Toxic Substances and
Disease Registry [see the Comprehensive Environmental Response, Compensation
and Liability Act (CERCLA) § 104(i)].[1]
[1]
Editor's Note: See 42 U.S.C. § 9601
et seq.
A.
All records shall be available to the public unless
they are exempt from the disclosure requirements of the Federal Freedom
of Information Act (FOIA), 5 U.S.C. § 552;
B.
All nonexempt records will be available to the public
upon request regardless of whether any justification or need for such
records has been shown by the requestor;
C.
The same types of records would be available to the
public from the Tribe as would be available from EPA; and
D.
Information is provided to the public in substantially
the same manner as EPA as indicated in 40 CFR Part 2.
The Menominee Indian Tribe or its enforcement
agency shall protect confidential business information (CBI) to the
same degree as indicated in 40 CFR Part 2.
