SOLID WASTE DISPOSAL AND

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BLUE LAKE RANCHERIA

SOLID WASTE DISPOSAL AND

WASTE REDUCTION ORDINANCE

OGB~ 2000

The Business Council of the Blue Lake Rancheria, empowered by the Tribal Constitution t 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.

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.

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

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excluded from the definition of disposal. °

(ce) 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;

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.

Gj) 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 remanufacturing to create a new product.

()) The term “recovery” means the recovery of materials or energy from solid waste.

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(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.

(0) 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, lability 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,

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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 clean-up of solid waste that is improperly stored,

transported, or disposed of, as set forth in this Ordinance.

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.

§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.

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

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Pesticide Control Ordinance adopted by the Tribe, anywhere within the Rancheria or other

territory over which the Tribe has jurisdiction.

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.

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

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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.

(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

sub-section (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 sub-section (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

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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 supercedes any conflicting or contrary superceding 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.

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§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 a for, with _O_ against, with oO | abstaining, with 2 absent, on

f Date /

dan 2. 2000

UJ Date

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This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.