[HISTORY: Adopted by the Tribal Council of the Nottawaseppi Huron Band of the Potawatomi 3-18-2000 by Ord. No. 03-1800-01 (Title VI, Ch. 3, of the Tribal Code). Amendments noted where applicable.]
The Nottawaseppi Huron Band of Potawatomi recognizes that unsanitary, inefficient, and inappropriate methods of disposal of solid waste have an adverse impact upon the environment and the natural resources of the Nottawaseppi Huron Band of Potawatomi and its members, and the promulgation of standards of solid waste disposal and recycling are in the best interests of the Nottawaseppi Huron Band of Potawatomi people. Accordingly, the purposes of this chapter are to promote the health, safety and welfare of the Nottawaseppi Huron Band of Potawatomi membership through the establishment of standards necessary to the sanitary and environmentally sound disposal of solid waste. The health, safety, and welfare of the Nottawaseppi Huron Band of Potawatomi members and their environment are of the utmost importance. This chapter intends to stipulate the regulations and procedures for handling and managing solid waste on Nottawaseppi Huron Band of Potawatomi (NHBP) lands.
As used in this chapter, the following terms shall have the meanings indicated:
- COLLECTION SITE
- Any place designated by the Tribal Council as the site where solid waste may be presented for disposal, including transfer stations.
- Any natural or legal person, that person's employees and agents, who gather solid waste from another person.
- All putrescible (decayable) wastes, including animal and vegetable matter, animal offal and carcasses and recognizable industrial by-products, but excluding sewage and animal wastes.
- GARBAGE PITS
- Holes, pits and/or depressions in the normal topography created for the sole purpose of depositing and/or placing garbage and refuse as a means to get rid of them.
- HAZARDOUS SOLID WASTE
- Any solid waste defined as hazardous by the Environmental Protection Agency under the provisions of the Resource Conservation and Recovery Act of 1976, as amended, and includes but is not limited to explosives, pathological wastes, pesticides, chemicals, and other toxic materials which are harmful to public health.
- LOCAL GOVERNING AGENCY
- The Nottawaseppi Huron Band of Potawatomi Tribal Council, the duly elected and governing body of the Nottawaseppi Huron Band of Potawatomi, which is empowered to undertake solid waste management programs.
- NONRECYCLABLE WASTE
- All solid waste not listed in the definition of "recyclable waste" of this section, excluding hazardous waste.
- OPEN BURNING
- Any fire wherein the products of combustion are emitted directly into the atmosphere and are not directed thereto through a stack or chimney, incinerator, or other devices.
- OPEN DUMP
- The consolidation of solid waste from one or more sources at a disposal site which has unsanitary conditions, little or no cover, usually burning, and little or no management.
- Any individual, firm, governmental unit, organization, partnership, corporation, or company.
- Solid waste capable of being decomposed by microorganisms with sufficient rapidity as to cause nuisances from odors and gasses, such as kitchen wastes, food scraps, offals and carcasses.
- RADIOACTIVE SOLID WASTE
- Any radioactive material.
- RECYCLABLE WASTE
- Glass containers, metal cans, newspaper, cardboard, plastics (HDPE and PET), aluminum cans and motor oil.
- All nonputrescible wastes.
- SOLID WASTE
- All garbage, refuse, rubbish, trash, and other discarded, solid materials, including solid waste materials resulting from industrial, commercial, and agricultural operations, from community activities and individual people, but does not include solid or dissolved materials in domestic sewage or other significant pollutants in water resources, such as silt, dissolved or suspended solids in industrial wastewater effluent, dissolved materials in irrigation return or other common pollutants.
- SOLID WASTE COLLECTOR
- NHBP approved tribal or nontribal entity responsible for collecting, transporting and properly disposing of solid waste.
- SOLID WASTE DISPOSAL
- The collection, storage, treatment, utilization, processing or final disposal of solid waste.
- SOLID WASTE DISPOSAL FACILITY
- Any land, personnel, equipment, or resource approved for and used in the disposal of solid waste.
- SOLID WASTE REDUCTION
- Reduction of waste at the source of generation, prior to recycling.
- SPOILED FOOD
- Any food which has been removed from sale by the United States Department of Agriculture.
- TRANSFER STATION
- Any facility approved by the NHBP Tribal Council for the purpose of collecting, transporting and disposing of solid wastes.
- TRIBAL HEALTH REPRESENTATIVES
- The Health Director and/or his authorized representative or Department.
- The Nottawaseppi Huron Band of Potawatomi (NHBP).
- An insect or other animal which transmits infectious diseases from one person or animal to another.
- YARD WASTE
- Any waste associated with common yard maintenance, such as grass clippings, pulled weeds, leaves, twigs and branches.
Editor's Note: See 42 U.S.C. § 6901 et seq.
This chapter applies to all land and/or properties that are within NHBP Tribal jurisdiction. This chapter further applies to tribal members, nonmembers, residents and nonresidents alike.
The following provisions shall apply to all solid waste disposal within NHBP tribal jurisdiction:
No person shall leave, deposit, and/or dump solid waste anywhere within NHBP jurisdictional lands except at a collection site or tribally approved transfer station.
No person shall dispose of any solid waste generated outside of NHBP tribal jurisdiction on any lands within NHBP tribal jurisdiction.
No person shall store any solid waste on any properties or land within NHBP tribal jurisdiction except for in containers which have been approved and accepted by the solid waste collector.
No person shall burn and/or incinerate any solid waste on any properties within NHBP jurisdiction with the exception of yard waste. This shall include but not be limited to burn barrels, burn baskets, in-ground pits, garbage piles and the like.
No person shall deposit solid waste from any stopped or moving vehicle onto state, county, or tribal highways, roads, or rights-of-way, within NHBP tribal jurisdiction.
No person shall dispose of any commercial hazardous and/or nuclear waste within NHBP tribal jurisdiction.
No person shall deposit solid waste at a collection site or transfer station except in a manner approved by the solid waste collector.
The owner and/or occupant of any premises, business establishment or industry within NHBP tribal jurisdiction shall be responsible for the proper disposal of any solid waste produced by or accumulated at said premises, business establishment, or industry.
Solid waste recycling and reduction is the preferred method of handling solid waste. NHBP is and will continue to be committed to solid waste recycling and reduction.
All tribally owned or funded facilities and/or enterprises shall implement a solid waste recycling and reduction policy.
The Tribe will make available at all tribal housing sites and/or developments recycling collection bins.
All tribally owned and/or funded facilities and/or enterprises and the collector contracted to empty the recycling collection bins shall not dispose of the said collected recyclables in any fashion other than which would allow the said recyclables to be recycled.
Any solid waste transported within NHBP tribal jurisdiction shall be collected and transported in a manner that prevents the waste from leaking, blowing off, or falling from the transport vehicle. If there is any solid waste lost from or if there is any spillage from the collection container or transportation vehicle, the material shall be immediately picked up by the solid waste collector and returned to the vehicle or container and the area properly cleaned.
Commercial vehicles or containers used for collection and transportation of garbage and other putrescible wastes, or solid waste containing such materials, shall be covered, leakproof, durable, and of easily cleanable construction. These shall be cleaned to prevent nuisances, pollution, or insect breeding and shall be maintained in good repair.
Tribal Council's duly designated agents shall be empowered to enforce all provisions of this chapter.
Violation of any provision of this chapter is a civil penalty which may not exceed $500. Each day of any continuing violation may be charged as a separate violation, and a separate penalty may be imposed.
In addition to a civil penalty, any personal property which has been used in connection with a violation of this chapter, including vehicles and other equipment, may be seized and forfeited in satisfaction of any judgment rendered pursuant to this chapter.
Any person found in violation of this chapter shall be responsible for any clean up and/or remediation that may be necessary as a result of the said violation.
Repeated violations by occupants or tribal members that are renting or leasing from the Tribe may be punished by the termination of the rental agreement and/or lease.
Nothing herein shall prevent the Nottawaseppi Huron Band of Potawatomi from bringing suit against any violator of this chapter for money damages, for harm to any NHBP resources, or for injunctive relief.
The Nottawaseppi Huron Band of Potawatomi Environmental Department shall be responsible for the administration of this chapter.
Nothing within this chapter shall be constructed to limit the authority of the Tribal Council from adopting more stringent solid waste disposal requirements than those set forth in this chapter.
If any section, provision, or portion of this chapter is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this chapter will not be affected thereby. The Tribal Council declares that there is no liability on the part of the Nottawaseppi Huron Band of Potawatomi, its agencies or employees for damages that may occur as a result of reliance upon or conformance with this chapter. The Tribal Council by adoption of this chapter does not, in any way, waive the sovereign immunity of the Nottawaseppi Huron Band of Potawatomi.
This chapter shall take effect on the day of its approval by Tribal Council.