AST SOLID WASTE Findings of Absentee Shawnee
Findings of the Absentee Shawnee Tribe of Oklahoma.

(A) Solid waste

The Absentee Shawnee Tribe of Oklahoma finds with respect to solid waste--

(1) that the continuing changes in technology and in methods of manufacturing, packaging, and marketing of consumer products has resulted in a change in the characteristics of the mass material discarded by the purchasers of such products;

(2) that the economic and population growth of the Absentee Shawnee Tribe of Oklahoma and the United States and the changes in ABSENTEE SHAWNEE TRIBE OF OKLAHOMA and American lifestyle have required increased industrial production, the demolition of old buildings, construction of new buildings, and provision of highways and other avenues of transportation, which, together with the related industrial, commercial, and agricultural operations, have resulted in a rising tide of scrap, discarded, and waste material;

(3) that such solid waste disposal, recycling, or treatment may present an economic opportunity for the Absentee Shawnee Tribe of Oklahoma;

(4) that such solid waste may present a significant, lingering hazard on the lands of the Absentee Shawnee Tribe of Oklahoma that may affect the potential use for several generations in the future;

(5) that due to the far-reaching and potentially dangerous effects of any solid waste program, the Absentee Shawnee Tribe of Oklahoma should approach agreements and projects with utmost caution;

(6) that the Absentee Shawnee Tribe of Oklahoma desires to impose standards equal to or more stringent than the federal government;

(7) that to fulfill the Absentee Shawnee Tribe of Oklahoma's obligation of protecting the health and welfare of our people, the Absentee Shawnee Tribe of Oklahoma must adopt statutes regulating solid waste disposal and management upon the lands of the Absentee Shawnee Tribe of Oklahoma and its members.

(B) Environment and health

The Absentee Shawnee Tribe of Oklahoma finds with respect to environment and health-

(1) that land is too valuable a resource to be needlessly polluted by discarded materials;

(2) that disposal of solid waste and hazardous waste in or on the land without careful planning and management can present a danger to human health and quality of life, agricultural productivity, and the environment;

(3) that as a result of the federal Clean Air Act [42 U.S.C.   7401 et seq.], the Water Pollution Control Act [33 U.S.C.   1251 et seq.], and other federal and state laws respecting public health and the environment, greater amounts of solid waste (in the form of sludge and other pollution treatment residues) have been created; and similarly, inadequate and environmentally unsound practices for the disposal or use of solid waste have created greater amounts of air and water pollution and other problems for the environment and for health;

(4) that open dumping is particularly harmful to health, contaminates drinking water from underground and surface supplies, and pollutes the air and the land;

(5) that the placement of inadequate controls on hazardous waste management will result in substantial risk to human health and the environment;

(6) that if solid or hazardous waste management is improperly performed in the first instance, corrective action is likely to be expensive, complex, and time consuming.

(C) Importation of Waste

The Absentee Shawnee Tribe of Oklahoma finds with respect to importation of waste from areas outside the jurisdiction of the Absentee Shawnee Tribe of Oklahoma to areas within the jurisdiction of the Absentee Shawnee Tribe of Oklahoma--

(1) that adequate safeguard must be incorporated into Absentee Shawnee Tribe of Oklahoma statutes and agreements with firms to protect ABSENTEE SHAWNEE TRIBE OF OKLAHOMA interests, lands and members;

(2) that identifying hazardous waste present in waste labeled as non-hazardous is a complex, difficult, technical process;

(3) that once non-hazardous waste is mixed with any amount of listed hazardous material, federal law reclassifies the entire mixture as “hazardous waste”;

(4) that agreements which do not properly protect the Absentee Shawnee Tribe of Oklahoma may allow in the highly populated cities of the United States to transfer their problems to the Absentee Shawnee Tribe of Oklahoma; and

(5) that Absentee Shawnee Tribe of Oklahoma should attempt to achieve and maintain as much control as possible over any solid waste feed streams which are to enter the lands of the Absentee Shawnee Tribe of Oklahoma.

Legislative history Federal analog: 42 U.S.C.   6901Regulations Hazardous waste treatment facilities, standards for owners of, see 40 CFR 264.1 et seq., 265.1 et seq.

Absentee Shawnee Solid Waste Code Findings of Absentee Shawnee, AST SOLID WASTE Findings of Absentee Shawnee

AST SOLID WASTE Objectives and Policy of Absentee Shawnee
Objectives and Policy of the Absentee Shawnee Tribe of Oklahoma.

(A) Objectives

The objectives of this Act are to promote the protection of health and environment by--

(1) prohibiting future open dumping on the land and requiring the conversion of existing open dumps to facilities which do not pose a danger to the environment or health;

(2) assuring that hazardous waste management practices are conducted in a manner that protects human health and the environment;

(3) requiring that hazardous waste be properly managed in the first instance thereby reducing the need for corrective action at a future date;

(4) minimizing the Absentee Shawnee Tribe of Oklahoma's and the individual landowner's risk of liability for contamination caused by the originator, transporter and/or the broker of the solid waste;

(5) developing cooperative programs with federal, state and Indian tribal and national agencies;

(6) providing for the promulgation of guidelines, regulations, and licensing for solid waste collection, transportation, separation, recovery, and disposal practices and systems.

(B) Policy of the Absentee Shawnee Tribe of Oklahoma

The Absentee Shawnee Tribe of Oklahoma declares it to be the policy of the Nation that, solid waste generated on lands under the jurisdiction of the Absentee Shawnee Tribe of Oklahoma or imported from outside the Absentee Shawnee Tribe of Oklahoma should be treated, stored, or disposed of so as to minimize the present and future threat to human health and the environment.

Legislative history Federal analog: 42 U.S.C.   6902

Absentee Shawnee Solid Waste Code Objectives and Policy of Absentee Shawnee, AST SOLID WASTE Objectives and Policy of Absentee Shawnee

AST SOLID WASTE Prohibition of Financial Interest
Prohibition of Financial Interest.

(A) Statement

Each officer or employee of the Absentee Shawnee Tribe of Oklahoma who performs any function or duty under this section and has or has any immediate family member with any known financial interest in any person who applies for or receives permission from the Absentee Shawnee Tribe of Oklahoma to operate under this section shall annually file with the EPC a written statement showing divestment of such interest or resign from such position before consideration of the program begins.

(B) Penalty for citizens of Absentee Shawnee Tribe of Oklahoma

Any Indian citizen who is an officer or employee who is subject to, and knowingly violates, this section shall be fined by the Absentee Shawnee Tribe of Oklahoma not more that $5,000 or imprisoned not more than one year or both.

(C) Penalty for non-citizens of Absentee Shawnee Tribe of Oklahoma

Any non-Indian citizen who is an officer or employee who is subject to, and knowingly violates, this section shall be fined by the Absentee Shawnee Tribe of Oklahoma not more that $5,000.

Legislative history Federal analog: 42 U.S.C.   6906

Absentee Shawnee Solid Waste Code Prohibition of Financial Interest, AST SOLID WASTE Prohibition of Financial Interest

AST SOLID WASTE Solid Waste Disposal Requirements
Solid Waste Disposal Requirements.

All solid waste disposal within the jurisdiction of the Absentee Shawnee Tribe of Oklahoma is subject to the following sections.

Absentee Shawnee Solid Waste Code Solid Waste Disposal Requirements, AST SOLID WASTE Solid Waste Disposal Requirements

AST SOLID WASTE Permit Required
Permit Required

(A) No person shall dispose of solid wastes at any site or facility on lands of the Absentee Shawnee Tribe of Oklahoma other than a site or facility for which a permit for solid waste disposal or processing has been issued by the EPC;

(B) Upon issuance of any such permit, the EPC shall file a recordable notice of the permit with the Absentee Shawnee Tribe of Oklahoma and in the land records of the county in which the site is located. The notice shall contain the legal description of the site as well as the terms under which the permit is issued;

(C) Upon issuance of any such permit, the EPC shall publish in a newspaper received by a large percentage of the Absentee Shawnee Tribe of Oklahoma citizens notice of the permit and in a weekly paper of general circulation in the location or vicinity of the proposed site.

Legislative history Federal analog: None

Absentee Shawnee Solid Waste Code Permit Required, AST SOLID WASTE Permit Required

AST SOLID WASTE Permitting Procedures
Permitting Procedures.

(A) Applications

Any Person seeking a permit required by Section 9.106a of this Act shall submit 10 copies of an application therefor to the Office of Environmental (OEH & E) on the form provided by the EPC.

(B) Review and Recommendation by Departments; Public Review

Upon receipt of an application, the OEH & E shall circulate copies of it to the Departments of the Absentee Shawnee Tribe of Oklahoma for review. Each Department shall review the application and any other information relevant thereto to determine the affect, if any, of the proposed project on matters within the Department's scope of responsibilities. Based on its review, the Department shall inform the OEH & E in writing its findings and a recommendation that the permit application be approved, denied, or modified. The OEH & E shall make the application available for public review according to the procedures established in the regulations adopted hereunder.

(C) Presentation to EPC

The OEH & E shall submit the application to the EPC, together with any other pertinent data, reports or information concerning the proposed project for which the permit is sought. The OEH & E shall also submit to the EPC the recommendations and findings of the Departments, if any, including the recommendations and findings of the OEH & E.

(D) Issuance, Denial or Modification

The EPC shall review all recommendations, findings and other materials presented to it by the OEH & E, as well as any other information and materials that the EPC deems appropriate. Based on its review of the foregoing, the provisions of this Act and the rules and regulations adopted by the EPC and then in effect, the EPC shall order that the application be (i) approved, (ii) denied or (iii) approved with such modifications or conditions as the EPC deems appropriate. In reaching its decision, the EPC shall consider all pertinent information but shall give particular emphasis to the recommendations and findings of the Departments, if any, and the OEH & E.

(E) Written Decision

The EPC's order approving or denying an application, or approving an application subject to modification or conditions, shall be in writing and shall be delivered to all parties to the proceeding and to the Chairman.

(F) Violations of other Permits

The EPC shall not grant a permit to any Person who the EPC finds is currently in violation of any other permit issued by the Absentee Shawnee Tribe of Oklahoma or any Department thereof, or who it finds is currently in violation of any permit issued by the U.S. Environmental Protection Agency or other governmental agency acting under their authority of the U.S. Environmental Protection Agency.

(G) Issuance

The EPC shall not grant a permit to any person, or to any affiliate of a person, who in violation of (c)(4) of this section, has been convicted of a felony, or is subject to a current cease and desist order issued pursuant to   9.114b or is in violation of a compliance order issued pursuant to   9.114c of this Act.

(H) Appeals

(1) Any Affected Party may appeal a decision or order of the EPC issued pursuant to this Section 9.106b.

(2) The Chairmen may veto any decision or order of the EPC approving an application for a permit. A veto by the Chairmen shall be in writing and served on the commission within 15 days of the EPC's notice of approval of the permit. A veto by the Chairman may not be appealed.

Absentee Shawnee Solid Waste Code Permitting Procedures, AST SOLID WASTE Permitting Procedures

AST SOLID WASTE Feasibility Studies
Feasibility Studies.

All proposals for solid waste disposal, recycling, or treatment on lands of the Absentee Shawnee Tribe of Oklahoma must include a feasibility study conducted by an independent engineering firm chosen by the EPC with approval by the Chairman. Each study is to include economic forecasts of the project, potential pollution concerns, the long-range impacts of the project on the land involved. The study results are to be available to the general public.

Absentee Shawnee Solid Waste Code Feasibility Studies, AST SOLID WASTE Feasibility Studies

AST SOLID WASTE Contingency Plans
Contingency Plans.

Any person disposing of, recycled or treated solid waste on lands of the Absentee Shawnee Tribe of Oklahoma must present contingency plans for effective action to minimize unanticipated damage from any treatment, storage, processing or disposal of solid waste.

Absentee Shawnee Solid Waste Code Contingency Plans, AST SOLID WASTE Contingency Plans

AST SOLID WASTE Facility Operation
Facility Operation.

The owner and operator is responsible for the maintenance of and operation of such facilities and requiring such additional qualifications as to ownership, continuity of operation, training for personal, and financial responsibility (including financial responsibility for corrective action) as may be necessary or desirable;

Absentee Shawnee Solid Waste Code Facility Operation, AST SOLID WASTE Facility Operation

AST SOLID WASTE Prohibition Of Open Dumps
Prohibition of Open Dumps.

The Absentee Shawnee Tribe of Oklahoma in compliance with Federal law (42 U.S.C.   6943) prohibits all open dumps on lands of the Absentee Shawnee Tribe of Oklahoma and requires all solid waste disposal to be in sanitary landfills.

Absentee Shawnee Solid Waste Code Prohibition Of Open Dumps, AST SOLID WASTE Prohibition Of Open Dumps

AST SOLID WASTE Record Keeping
Record Keeping.

The owner and operator of a solid waste management facility shall be required, at a minimum, to maintain records of all wastes which enter lands of Absentee Shawnee Tribe of Oklahoma and are treated, stored, processed or disposed of, as the case may be, and the manner in which such wastes were treated, stored, processed or disposed of report, monitor, and inspect all solid waste entering lands of the Absentee Shawnee Tribe of Oklahoma.

Legislative history Federal analog: 42 U.S.C.   6924(a)

Absentee Shawnee Solid Waste Code Record Keeping, AST SOLID WASTE Record Keeping

AST SOLID WASTE Enforcement Authority
Enforcement Authority.

(A) EPC Authority

The EPC is hereby designated as the enforcement authority entrusted with the duty and responsibility of ensuring the proper handling, treatment, composting, and disposal of solid waste on lands of the Absentee Shawnee Tribe of Oklahoma and of ensuring compliance by all persons with this Act.

(B) Cooperative compacts with surrounding States

The Chairman shall have the authority to make cooperative compacts with the surrounding states to enforce the provisions of this section. Any future cooperative compacts between the Absentee Shawnee Tribe of Oklahoma and the State of Oklahoma or any other State, or presently existing agreements, including cooperative law enforcement agreements, shall become effective enforcement provisions under this Act and are considered cumulative to the provisions hereof.

(C) Cooperative compacts with the federal government.

The Chairman is delegated the authority to enter cooperative compacts with the federal government to enforce the provisions of this agreement.

(D) Cooperative compacts with Indian Tribes and Nation.

The Chairman is delegated the authority to enter cooperative compacts with Indian Tribes and Nations to enforce the provisions of this agreement.

Absentee Shawnee Solid Waste Code Enforcement Authority, AST SOLID WASTE Enforcement Authority

AST SOLID WASTE Environmental Protection Commission Duties
Absentee Shawnee Tribe of Oklahoma Environmental Protection Commission Duties.

(A) Enforcement of Act

The EPC shall enforce all provisions of this Act and regulations adopted hereunder that pertain to the minimum standards solid waste handling, treatment, composting, and disposal, all for the protection of the public health and safety and of land, air and water.

(B) Enforcement by other agencies

The EPC may request enforcement by federal, state, and local agencies of their respective laws governing solid waste handling, treatment, composting, and disposal.

(C) Record keeping

The EPC shall keep and maintain records of its inspection, enforcement, and training programs for at least 15 years.

(D) Consultation with health departments

The EPC shall consult with appropriate health departments and agencies concerning all actions involving solid waste handling, treatment, composting and disposal.

Absentee Shawnee Solid Waste Code Environmental Protection Commission Duties, AST SOLID WASTE Environmental Protection Commission Duties

AST SOLID WASTE Enforcement Actions
Enforcement Actions.

(A) Actions on complaints

(1) If the EPC receives a complainant from the OEH & E or any other Department or Person concerning a solid waste facility or a solid waste transporter, the EPC shall cause the OEH & E to inspect the facility or transporter to determine whether any law, regulation, or permit has been or is being violated.

(2) If the EPC receives a complaint concerning a solid waste facility or a solid waste transporter and determines that it is not able or authorized to take action concerning the complaint, the EPC shall refer the complaint within ten days of receipt to the federal, state, or Indian tribe or nation that it determines is authorized to take action.

(3) If the EPC receives a compliant concerning a solid waste facility or solid waste transporter and the EPC OEH & E not refer it to another agency, the EPC shall either take enforcement action concerning that facility or transporter or provide the person who filed the complaint with a written statement within 30 days explaining why an enforcement action would not be appropriate.

(B) Cease and desist orders; Remedial actions

(1) If the OEH & E determines that any permittee, Person or solid waste disposal site is violating or operating a facility in violation of this Act, it may file a petition with the EPC demanding a cease and desist order and other remedial action authorized by this   9.114b.

(2) Any person who operates a solid waste facility in violation of his solid waste facility permit; who operates such without a solid waste facility permit; or who violates any standard adopted in this Act or regulations adopted pursuant thereto shall, upon order of the EPC, cease and desist any improper action, clean up any improper action, clean up any solid waste, abate the effects thereof, and take any other remedial action directed by the EPC. Whenever the EPC determines that the operation of a solid waste facility or the transportation of solid waste is causing or threatening to cause a condition of hazard, pollution, or nuisance due to the migration of hazardous material or solid waste or for any other reason, the EPC may require the operator of the solid waste facility to take corrective action necessary to abate any hazard, pollution, or nuisance or to protect public health and safety and the environment.

(3) If any of the circumstances set forth herein above pose an imminent threat to life or health, the EPC may expend any available monies to perform any cleanup, abatement, and remedial work required.

(4) If any of the circumstances set forth hereinabove do not pose an imminent threat to life or health, but the EPC deems it necessary for the public health and safety to perform cleanup, abatement work, or remedial work, the EPC may perform such work and expend monies thereon.

(5) If solid or hazardous waste is cleaned up, the effects thereof abated, or other necessary remedial action is taken as described above, the person or persons who committed or allowed the improper action shall be liable to the EPC for the reasonable costs actually incurred in cleaning up any solid waste or hazardous material, abating the effects thereof, or taking other remedial action. The amount of such costs shall be recoverable in a civil action in the courts of the Absentee Shawnee Tribe of Oklahoma and state or federal courts where applicable, together with costs of suit incurred by the EPC in recovering such monies. A judgement ordering the payment of these costs to the EPC will bear interest allowable on judgements under Absentee Shawnee Tribe of Oklahoma law.

(C) Compliance schedule

The EPC shall develop a compliance schedule for any permitted solid waste facility or solid waste transporter that violates the EPC minimum standards. The compliance schedule shall assure that diligent progress shall be made to bring the solid waste facility or solid waste transporter into compliance with the EPC minimum standards within a specific period of time determined by the EPC. If the solid waste facility or solid waste transporter is not in compliance within the period specified, the EPC may revoke, suspend or modify the permit until such time as violators or the minimum standards are remedied.

(D) Revocation, suspension, or modification of permit

(1) Grounds for suspension, revocation, or modification

After a hearing, any permit may be suspended, modified, or revoked by the EPC for cause, including but not limited to any or all of the following:

(a) Any violation of any term or condition contained in the permit, this Act, the underlying lease or land use permit or regulations of the Absentee Shawnee Tribe of Oklahoma.

(b) Obtaining the permit by misrepresentation or failing to disclose fully all-relevant facts.

(c) A change in any condition that requires either a temporary or permanent modification, reduction, or elimination of the permitted operation to bring it into compliance with the terms or conditions of the permit, this Act, or the underlying lease or land use permit.

(2) Statement of Charges

A hearing to determine whether a permit should be revoked, suspended, or modified may be initiated by the EPC by filing a written statement of charges that sets forth the acts or omissions with which the permittee is charged and specifies the terms, laws, conditions, or rules that the permittee is alleged to have violated. The statement of charges and all accompanying documents shall be delivered personally or by certified or registered mail, return receipt requested, to the permittee, at the address indicated of the license on permit application.

(3) Notice of hearing

The statement of charges shall be accompanied by a notice advising the permittee of a date for a hearing, which hearing shall be held no earlier than 20 days and no later than 45 days from the EPC's mailing or personal delivery of the statement of charges. The notice shall inform the permittee that he has the right to inspect and copy documents relative to the statement of charges.

(4) Notice of Defense

(a) Within 15 days after the service upon him, the permittee may deliver to the EPC a Notice of Defense in which he may object to the statement of charges and state his defenses.

(b) The Notice of Defense shall be deemed a specific denial of all parts of the statement of charges not expressly admitted. Failure to timely file a Notice of Defense shall constitute a waiver of the right to a hearing.

(c) The Notice of Defense shall be in writing signed or on behalf of the permittee.

(d) A copy of any statement of charges and Notice of Defense shall be sent by the EPC to the Chairman immediately upon receipt.

(5) Hearing panel

All hearings shall be conducted by EPC.

(6) Issuance of decision

The EPC shall issue its decision as soon as practicable following submission. Cases shall be decided by concurrence of at least two members of the panel. The decision shall be in writing and shall contain findings of fact, a determination of the issues presented, and the assessment of costs and penalties, if any. Copies of the decision shall be sent to all parties and to the Chairman.

(7) Reduction of penalty or reinstatement

A person whose permit has been revoked or suspended may petition the EPC for reinstatement after a period of not less than one year has elapsed from the effective date of the revocation or suspension or from the date of the denial of a similar previous petition.

(E) APPEALS

Any decision or order of the EPC issued pursuant to this   9.114b may be appealed.

Absentee Shawnee Solid Waste Code Enforcement Actions, AST SOLID WASTE Enforcement Actions

AST SOLID WASTE Compliance Orders

Compliance Orders.

(A) Issuance

Whenever on the basis of any information the EPC determines that any person has violated or is in violation of any provision of this Act or regulation thereunder, the EPC may:

(1) issue an order assessing a civil penalty for any past or current violation, requiring compliance immediately or within a specified time period or both, or

(2) require compliance immediately or within a specified time period, or

(3) commence a civil action in Absentee Shawnee Tribe of Oklahoma, state or federal court as appropriate for penalties and temporary or permanent injunctions.

(B) Violation of compliance orders

If a violator fails to take corrective action within the time specified in a compliance order, the EPC may assess a civil penalty of not more than $5,000 for each day of continued noncompliance with the order and the EPC may suspend or revoke any permit issued to the violator. Any equipment or property used in any part of the violator's operations after a compliance order is issued shall be considered instrumentality of the violation and thus be subject to forfeiture to the Absentee Shawnee Tribe of Oklahoma as contraband.

(C) Appeals

Any decision or order of the EPC issued pursuant to this   9.114c may be appealed.

Legislative history Federal analog: 42 U.S.C.    6928, 6992d

Absentee Shawnee Solid Waste Code Compliance Orders, AST SOLID WASTE Compliance Orders

AST SOLID WASTE Penalties
Penalties.

(A) Any person under ABSENTEE SHAWNEE TRIBE OF OKLAHOMA jurisdiction who violates any of the provisions of this Act or orders or regulations of the EPC shall be guilty of a crime and upon conviction thereof may be subject to imprisonment in facilities normally used by the Absentee Shawnee Tribe of Oklahoma for detention of criminals for not more than one year, or a fine of not more than $5,000 per incident, or by both fine and imprisonment. Each day or part of a day during which such violation is continued or repeated shall constitute a separate offense.

(B) Any Person who violates any of the provisions of the Act or orders or regulations of the EPC may be subject to a fine of not more than $5,000, each day or part of a day during which such violation is continued or repeated shall constitute a separate offense.

Absentee Shawnee Solid Waste Code Penalties, AST SOLID WASTE Penalties

AST SOLID WASTE Knowing Endangerment
Knowing Endangerment.

Any Person who knowingly violates any provision of the solid waste sections of this title who knows at the time that he thereby places another person in imminent danger of death or serious bodily injury, shall be guilty of a crime and or shall be referred to the appropriate prosecutor as provided for in 42 USC   6992d(c) upon conviction under subsection (e) be subject to a fine of not more than $250,000 or imprisonment for not more than 1 year or both as provided for in this Act. The EPC is directed under these circumstances to pursue federal enforcement of the federal provisions.

Absentee Shawnee Solid Waste Code Knowing Endangerment, AST SOLID WASTE Knowing Endangerment