ORDINANCE
No. 06-2000
SOLID
WASTE DISPOSAL AND WASTE REDUCTION ORDINANCE
The Business Council of the Blue Lake Rancheria, empowered by the Tribal
Constitution to enact ordinances, hereby ordains the following:
§1.
Findings
The Business
Council finds and declares as follows:
(a) The
Blue Lake Rancheria is the permanent homeland of the Tribe.
(b) The
Tribe has the inherent and constitutional authority as a sovereign
and as a matter of territorial management to protect and preserve
the homeland of the Tribe.
(c) The
uncontrolled disposal of solid and hazardous waste poses a serious
threat to the health, safety and welfare of Tribal members and non-members
living on, or passing through, the Blue Lake Rancheria.
Therefore,
the Business Council adopts this Ordinance to protect and promote the
political integrity, economic security, health, safety and welfare of
the Tribe, its members, and all persons living on, or passing through,
the Blue Lake Rancheria and to protect and preserve the environment,
lands, culture, religion, and natural resources of the Blue Lake Rancheria.
§2. Definitions
For the
purposes of this ordinance, the following words shall have the following
meanings:
(a) The
term "approved disposal site" means any site designated and
approved by the Tribal EPA for the collection and disposal of solid
waste.
(b) The
term "Business Council" means the Business Council of the Blue
Lake Rancheria.
(c) The
term "composting" means depositing in an appropriate on-site
container at a residential location vegetative materials from a household's
waste stream to create a mixture of organic matter used for fertilizing
and conditioning land, such as for use in gardens.
(d) The
term "disposal" means the discharge, abandonment, deposit,
injection, dumping, spilling, leaking, or placing of any solid waste
or hazardous waste into on any land or water within the Rancheria
or other territory over which the Tribe has jurisdiction so that such
solid waste or hazardous waste or any constituent thereof may enter
the environment or be emitted into the air or discharged into any
waters, including groundwaters; provided that composting is excluded
from the definition of disposal.
(e) The
term "hazardous waste" means a solid waste, or combination
of solid wastes, which because of its quantity, concentration, or
physical, chemical, or infectious characteristics may
(1)
cause, or significantly contribute to an increase in mortality or
an increase in serious irreversible, or incapacitating reversible,
illness; or
(2)
pose a substantial present or potential hazard to human health or
the environment when improperly treated, stored, transported, or
disposed of' or otherwise managed.
(3)
The term hazardous waste shall include the following:
(A)
all plastics, foam, and Styrofoam, as those terms are commonly
used, that is no longer being used or has been discarded;
(B)
hazardous waste as defined in 40 C.F.R. section 261.3, as amended
from time to time;
(C)
any hazardous air pollutant listed under the Clean Air Act, as
codified in part at 42 U.S.C. Section 7412, as amended from time
to time; and
(D)
any hazardous substance contained in 49 C.F.R. Section 172.101,
Appendix A (List of Hazardous Substance and Reportable Quantities),
as amended from time to time.
(f) The
term "littering" means throwing solid waste out of any vehicle
or scattering solid waste in any manner.
(g) The
term "nuisance" means a condition that occurs as a result of
the handling, treatment, storage, or disposal of solid waste, which
condition is injurious to human health or the environment, is indecent
or offensive to the senses, is an obstruction to the free use of property,
or interferes with the comfortable enjoyment of life or property.
(h) The
term "open dump" means any facility or site at which solid
waste is disposed of that is not an approved disposal site.
(i) The
term "person" means any individual, corporation, firm, partnership,
joint venture, association, social club, estate, trust, federal, tribal,
state, county, city, or district government, or other political subdivision
thereof' or any other group or combination acting as a unit whether
incorporated or not, including a person acting in fiduciary or representative
capacity.
(j) The
term "Rancheria" means all land, air, and water located within
the exterior boundaries of the Blue Lake Rancheria.
(k) The
term "recycling" means the recovery of materials from solid
waste for re-use or re-manufacturing to create a new product.
(1) The
term "recovery" means the recovery of materials or energy from
solid waste.
(m) The
term "sludge" means any solid, semisolid or liquid waste generated
from a municipal, commercial, or industrial wastewater treatment plant,
water supply treatment plant, or air pollution control facility or
any other such waste having similar characteristics and effects.
(n) The
term "solid waste" means any garbage, trash, rubbish, refuse,
sludge, an other discarded material, including solid, liquid, semisolid,
or continued gaseous material resulting from industrial, commercial,
mining, and agricultural operations, and from community activities,
such as ashes, dead animals, abandoned vehicles, street and parking
lot cleanings.
(o) The
term "State" means the State of California or any administrative
agency thereof.
(p) The
term "storage" or "store" mean confining, containing
or stockpiling of solid waste prior to collection and transport to
an approved disposal site or facility authorized to accept solid waste
that is outside the boundaries of the Rancheria or other territory
over which the Tribe has jurisdiction.
(q) The
term "Tribal EPA" means the Tribal Environmental Protection
Agency of the Blue Lake Rancheria.
(r) The
term "Tribe" means the Blue Lake Rancheria, a federally recognized
Indian tribe.
(s) The
term "violation" means any violation of this Ordinance.
§3. Jurisdiction
(a) The
applicability of this Ordinance shall extend to all persons who transport,
handle, store, or dispose of solid waste within the Rancheria or other
territory over which the Tribe has jurisdiction.
(b) Any
person who enters onto the Rancheria or other territory over which
the Tribe has jurisdiction shall become subject to this Ordinance
and shall be deemed to have consented to the jurisdiction of the Tribe
and to be bound by the lawful enactments of the Tribe.
§4. Responsibility for Storage, Transport and Disposal of
Solid Waste
(a) Any
person who generates solid waste shall be responsible for the proper
storage, transport and disposal of that solid waste. Responsibility
includes, but is not limited to, liability for any costs incurred
in the clean-up of solid waste that is improperly stored, transported,
or disposed of' as set forth in this Ordinance.
(1)
Contracting with an authorized hauler of solid waste shall be deemed
satisfaction of the responsibility to transport and dispose of solid
waste.
(b) Any
person transporting solid waste or any person who by contract, agreement
or otherwise, arranges for the recovery, transport, or disposal of
solid waste is responsible for the proper transport and disposal of
that solid waste. Responsibility includes, but is not limited to,
liability for any costs incurred in the cleanup of solid waste that
is improperly stored, transported, or disposed of' as set forth in
this Ordinance.
(c) Any
person disposing of solid waste shall be responsible for the proper
disposal of that solid waste. Responsibility includes, but is not
limited to, liability for any costs incurred in the cleanup of solid
waste that is improperly stored, transported; or disposed of' as set
forth in this Ordinance.
§5. Storage of Solid Waste
(a) Solid
waste may be temporarily stored at residences, businesses or tribal
offices within the Rancheria or other territory over which the Tribe
has jurisdiction.
(b) Any
person storing solid waste on the Rancheria or other territory over
which the Tribe has jurisdiction must store the solid waste in durable
containers with close fitting lids in a neat and tidy fashion. Containers
shall be maintained in such a manner so as to prevent the creation
of a nuisance or' a threat to the public health.
(c) No
person shall store hazardous waste at their residence or business
location except under the following conditions:
(1)
Small quantities of hazardous waste associated with regular and
normal residential use may be stored at a person's residents for
no longer than six (6) months.
(2)
Small quantities of hazardous waste associated with regular and
normal business use and practice may be stored at the business location,
including the tribal offices, for no longer than six (6) months.
(3)
Any person storing hazardous waste at a residence or business location
must take precautions to protect the health, safety and welfare
of the residents and environment of the Rancheria or other territory
over which the Tribe has jurisdiction.
(4)
No hazardous material shall be stored in such a manner as to create
a nuisance.
§6. Transportation of Solid Waste
Any person
transporting solid waste within, on or through the Rancheria or other
territory over which the Tribe has jurisdiction shall cover, tie or
otherwise secure such solid waste so no waste will be blown or dropped
from the transport vehicle.
§7. Disposal of Solid Waste
(a) No
person shall dump, deposit or dispose of solid waste anywhere within
the Rancheria or other territory over which the Tribe has jurisdiction,
except within an approved disposal site.
(b) No
person shall burn or incinerate hazardous waste or any pesticide,
as defined in the Pesticide Control Ordinance adopted by the Tribe,
anywhere within the Rancheria or other territory over which the Tribe
has jurisdiction.
(c) No
person shall improperly dump, deposit or dispose of solid waste in
a trash bin or other temporary solid waste storage container that
is not intended for the use of that person.
(d) No
person shall maintain an open dump on their property, whether owned
or rented, residential or business.
§8. Littering Prohibited
No person
shall litter anywhere within the Rancheria or other territory over which
the Tribe has jurisdiction.
§9. Recycling and Solid Waste Education Program
(a) The
Tribal EPA is authorized to create and adopt such regulations as are
necessary for the safe and sanitary collection, handling, transport,
storage, and disposal of recycled materials, including composting,
within the Rancheria or other territory over which the Tribe has jurisdiction.
(1)
In developing any such regulations, the Tribal EPA shall allow for
input and comment by tribal members, Business Council members, and
other residents of the Rancheria or other territory over which the
Tribe has jurisdiction.
(b) All
persons within or passing through the Rancheria or other territory
over which the Tribe has jurisdiction, including residents and businesses,
are encouraged, and may be required pursuant to any Tribal EPA regulations
adopted pursuant to sub-section (a), to implement source separation
to allow for recycling and composting of materials from the solid
waste stream. If such activities are required, the Tribal EPA may
provide appropriate containers to enhance and control the source separation
and recycling program. If the Tribal EPA does not provide such containers,
it is the generator's responsibility to provide separation containers
meeting the approval of the Tribal EPA.
(c) The
Tribal EPA is authorized to develop and implement an environmental
education program within the Rancheria or other territory over which
the Tribe has jurisdiction.
§10. Approval of Disposal Sites
(a) No
site for the disposal of solid waste shall be operated within the
Rancheria or other territory over which the Tribe has jurisdiction
without a permit to operate as an approved disposal site.
(b) No
site for the collection of recycling materials from multiple generators
shall be operated within the Rancheria or other territory over which
the Tribe has jurisdiction without a permit to operate as an approved
recycling collection site.
(1)
Individual households or businesses collecting recycling materials
generated on-site by that individual household or business are exempt
from this requirement.
(c) The
Tribal EPA is authorized to do the following:
(1)
Study the waste stream produced by residents and businesses of the
Rancheria or other territory over which the Tribe has jurisdiction.
(2)
Assess and determine whether there is a need to create a solid waste
disposal site on the Rancheria or other territory over which the
Tribe has jurisdiction.
(3)
Assess and determine whether the creation of a solid waste disposal
site on the Rancheria or other territory over which the Tribe has
jurisdiction would negatively impact the health, safety and welfare
of the residents and environment of the Rancheria or other territory
over which the Tribe has jurisdiction.
(4)
Assess and determine whether the Tribe could mitigate or control
any negative impact on the health, safety and welfare of the residents
and environment of the Rancheria or other territory over which the
Tribe has jurisdiction projected to be associated with a solid waste
disposal site.
(5)
Designate a solid waste disposal site within the Rancheria or other
territory over which the Tribe has jurisdiction if the health, safety
and welfare of the residents and environment of the Rancheria or
other territory over which the Tribe has jurisdiction can be fully
and adequately protected from negative impacts associated with such
a site and can comply with federal regulations without undue economic
burden on the Tribe or operator of the proposed solid waste disposal
site.
(6)
Adopt regulations governing any such designated solid waste disposal
site described in subsection (b)(5).
(7)
If authorized to do so by the Business Council, permit an operator
of any such designated solid waste disposal site described in subsection
(b)(5) and charge a reasonable fee for any such permit; provided
that the Tribe and operator of any such solid waste disposal site
shall comply with all applicable federal regulations before commencing
operations.
(A)
All other factors being equal, preference shall be given to those
operators who include credible and achievable waste minimization
and/or recycling provisions in their Solid Waste Management Plans.
§11. Civil Penalties
Any person
violating any provision of this Ordinance is subject to a civil fine
not to exceed $5,000.00 dollars per violation, depending on the gravity
of the violation and any effects on human health or the environment
resulting from the violation.
§12. Civil Damages and/or Injunctive Actions
In the
event that any person, as a result of his or her actions that constitute
a violation, should proximately cause any physical damage to any other
person(s) residing within, or to any real or personal property situated
in, the Rancheria or other territory over which the Tribe has jurisdiction,
the Tribal EPA or other person authorized by the Tribe, or the person(s)
adversely affected shall have the right to seek monetary and/or injunctive
relief' including the imposition of penalties as set out in section
11, in any judicial forum of competent jurisdiction.
§13. No Other Remedies Affected
Nothing
in this Ordinance shall in any way limit an individual's right to pursue,
in any judicial forum of competent jurisdiction, a private action for
damages resulting from actions that would be considered violations of
this Ordinance.
§14. Environmental Protection Fund
(a) All
monies collected or received by the Tribe as a result of violations
of this Ordinance shall be deposited with the Tribe to be credited
to the Environmental Protection Fund.
(b) The
Environmental Protection Fund shall be used for expenses related to
protecting human health and the environment within the Rancheria and
other territory over which the Tribe has jurisdiction, enforcing the
provisions of the various environmental ordinances adopted by the
Tribe, promoting environmental projects, and furthering environmental
education for tribal members and residents of the Rancheria and other
territory over which the Tribe has jurisdiction.
§15. Effect of Ordinance on Other Tribal Ordinances
This Ordinance
supersedes any conflicting or contrary superseding ordinances passed
by the Tribe.
§16. Severability
If any
provision of this Ordinance or the application thereof to any person
or circumstance is held invalid, its invalidity does not affect other
provisions or applications of this Ordinance, and to this end the provisions
of this Ordinance are severable.
17. Sovereign Immunity
The sovereign
immunity of the Tribe is in no manner waived by this Ordinance or by
any action by the Business Council, the Tribal EPA, or other staff of
the Tribe acting pursuant to this Ordinance.
§18. Amendments
This Ordinance
may be amended at any time by the Business Council.
§19. Effective Date
This ordinance
shall take effect immediately upon passage.
CERTIFICATION
| As
the Chairperson of the Business Council for the Blue Lake Rancheria,
I hereby certify that the Business Council adopted this Ordinance
at a duly called meeting at which a quorum was present by a vote
of 5 for, with 0 against, with 0 abstaining,
with 0 absent, on this 2nd day of January, 2000. |
_______________/s/________________
Claudia Brundin, Chairperson |
__Jan.
2, 2000____
Date |
_______________/s/________________
Melanie Shelanskey, Tribal Secretary |
__Jan.
2, 2000____
Date |
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