[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:
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.
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.
Any solid waste defined as hazardous by the Environmental
Protection Agency under the provisions of the Resource Conservation
and Recovery Act of 1976,[1] as amended, and includes but is not limited to explosives,
pathological wastes, pesticides, chemicals, and other toxic materials
which are harmful to public health.
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.
All solid waste not listed in the definition of "recyclable
waste" of this section, excluding hazardous waste.
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.
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.
Any radioactive material.
Glass containers, metal cans, newspaper, cardboard, plastics
(HDPE and PET), aluminum cans and motor oil.
All nonputrescible wastes.
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.
NHBP approved tribal or nontribal entity responsible for
collecting, transporting and properly disposing of solid waste.
The collection, storage, treatment, utilization, processing
or final disposal of solid waste.
Any land, personnel, equipment, or resource approved for
and used in the disposal of solid waste.
Reduction of waste at the source of generation, prior to
recycling.
Any food which has been removed from sale by the United States
Department of Agriculture.
Any facility approved by the NHBP Tribal Council for the
purpose of collecting, transporting and disposing of solid wastes.
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.
Any waste associated with common yard maintenance, such as
grass clippings, pulled weeds, leaves, twigs and branches.
[1]
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:
A.Â
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.Â
No person shall dispose of any solid waste generated outside of NHBP
tribal jurisdiction on any lands within NHBP tribal jurisdiction.
C.Â
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.Â
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.Â
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.Â
No person shall dispose of any commercial hazardous and/or nuclear
waste within NHBP tribal jurisdiction.
G.Â
No person shall deposit solid waste at a collection site or transfer
station except in a manner approved by the solid waste collector.
H.Â
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.Â
All tribally owned or funded facilities and/or enterprises shall
implement a solid waste recycling and reduction policy.
B.Â
The Tribe will make available at all tribal housing sites and/or
developments recycling collection bins.
C.Â
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.
A.Â
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.
B.Â
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.
A.Â
Tribal Council's duly designated agents shall be empowered to
enforce all provisions of this chapter.
B.Â
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.
C.Â
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.
D.Â
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.
E.Â
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.
F.Â
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.
