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.
COLLECTOR
Any natural or legal person, that person's employees
and agents, who gather solid waste from another person.
GARBAGE
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.
PERSON
Any individual, firm, governmental unit, organization, partnership,
corporation, or company.
PUTRESCIBLE
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.
RECYCLABLE WASTE
Glass containers, metal cans, newspaper, cardboard, plastics
(HDPE and PET), aluminum cans and motor oil.
REFUSE
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.
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.
TRIBE
The Nottawaseppi Huron Band of Potawatomi (NHBP).
VECTOR
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.
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:
A. 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.
B. No person shall dispose of any solid waste generated outside of NHBP
tribal jurisdiction on any lands within NHBP tribal jurisdiction.
C. 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.
D. 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.
E. 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.
F. No person shall dispose of any commercial hazardous and/or nuclear
waste within NHBP tribal jurisdiction.
G. No person shall deposit solid waste at a collection site or transfer
station except in a manner approved by the solid waste collector.
H. 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.
A. All tribally owned or funded facilities and/or enterprises shall
implement a solid waste recycling and reduction policy.
B. The Tribe will make available at all tribal housing sites and/or
developments recycling collection bins.
C. 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.
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.