Integrated Solid Waste (2025)
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Integrated Solid Waste
Management Plan
2025
Flandreau Santee Sioux Tribe
https://fsst-nsn.gov/
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TABLE OF CONTENTS
CHAPTER 1 - INTRODUCTION .................................................................................................. 3
Section 1-1
Approach ...................................................................................................................................... 3
Section 1-2
Participants .................................................................................................................................. 3
Section 1-3
Public Involvement ...................................................................................................................... 3
Section 1-4
Public Record .................................................................................................................................... 3
CHAPTER 2 - COMMUNITY SERVICE AREA ............................................................................ 6
Section 2-1
Population and Demographics ................................................................................................... 6
Section 2-2
Population Projections ................................................................................................................ 7
Section 2-3
Community Assets, Resources, and Economy ......................................................................... 7
Section 2-4
Natural Setting ............................................................................................................................. 9
CHAPTER 3 - SOLID WASTE MANAGEMENT PROGRAM STRUCTURE AND
ADMINISTRATION ................................................................................................................... 11
Section 3-1
Administration and Management ............................................................................................. 11
Section 3-2
Solid Waste Laws and Regulations .......................................................................................... 11
Section 3-3
Solid Waste Permits................................................................................................................... 13
CHAPTER 4 - CURRENT AND PROPOSED WASTE MANAGEMENT PRACTICES .............. 17
Section 4-1
Current Solid Waste Program ................................................................................................... 17
CHAPTER 5
FUNDING, SUSTAINABILITY, GOALS ........................................................... 20
Section 5-1
Funding Sources........................................................................................................................ 20
Section 5-2
Sustainability .............................................................................................................................. 20
Section 5-3
Long Term Goals ....................................................................................................................... 21
CHAPTER 6 - APPROVAL BY TRIBAL COUNCIL ................................................................... 22
CHAPTER 7 – DEFINITIONS .................................................................................................... 23
CHAPTER 8 - REFERENCES ......................................................................................................... 31
APPENDIX A - PERMIT APPLICATION........................................................................................ 34
APPENDIX B – TITLE 16 ENFORCEMENT FLOWCHART .............................................................. 35
APPENDIX C - PERMIT FEE’S & FINE AMOUNTS ........................................................................ 36
APPENDIX D - WASTE HAULING AGREEMENT WITH ENG SERVICES ........................................ 37
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CHAPTER 1 - INTRODUCTION
Section 1-1
Approach
The Flandreau Santee Sioux Tribe (FSST or Tribe) Brownfields Tribal Response Program (TRP),
General Assistance Program (GAP), and Water Quality (WQ) Program under the FSST Department
of Natural Resources (DNR) has developed this Integrated Solid Waste Management Plan
(ISWMP) utilizing the guidelines in the U.S. Environmental Protection Agency (EPA) Five Elements
for a Tribal Integrated Waste Management Plan (EPA 2020a), which includes a:
•
•
•
•
•
Description of the Community Service Area
Description of the Tribe’s Waste Management Program Structure and Administration
Description of the Tribe’s current and proposed waste management practices
Description of the funding, sustainability, and the long-term goals of the Tribe’s waste
management program
Documentation of approval of the (ISWMP) by the appropriate governing body
The purpose of the ISWMP is to review the Tribe’s current solid waste practices, evaluate future
demand and resources needed, and present a process that will improve the Tribe’s ability to reduce,
manage, and dispose of solid waste. This ISWMP is intended to be a living document, updated on
a periodic basis to adapt to any changes in circumstances that are relevant.
Section 1-2
Participants
The ISWMP was prepared in cooperation with the FSST DNR Brownfields, TRP, GAP and WQ
Programs; the EPA Region 8 Solid and Hazardous Waste Program and Brownfields Program; the
Indian Health Service (IHS), and IHS Circuit Riders assisting Tribes in the Solid Waste and
Brownfields Programs. A final ISWMP was presented to the FSST Executive Committee for review
and adoption after the DNR solicited comments and recommendations from other Tribal programs,
and the community. Section 1-3 provides additional details on the public involvement
methodologies.
Section 1-3
Public Involvement
The completion of the ISWMP included a Public Survey on Solid Waste Management conducted in
July 2009, which surveyed between 50 and 60 people. There have been no follow-up surveys
completed to date on the reservation regarding solid waste generation and management.
FSST Law and Order Title, Volume V, Title 16 Solid Waste and Hazardous Waste Management
Ordinance (Title 16), was approved by the FSST Executive Committee through Tribal Resolution 1947 on July 23, 2019.
Section 1-4
Public Record
A brownfield is defined by the EPA as property that may be complicated by the presence or potential
presence of a hazardous substance, pollutant or contaminant for expansion, redevelopment, or
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reuse. The FSST Brownfields Program mission is to empower the Tribal Community and other
stakeholders in environmental protection, working together in a timely manner to educate, prevent,
assess, safely clean-up, and sustainably reuse brownfields. The Brownfields Program will work to
provide technical assistance by assessing a reported or potential site and will collaborate and
communicate essential cleanup and reuse information with other community entities, including Tribal
leaders, creating a cooperative. This will enhance Tribal community longevity and quality of life.
Please refer to Table 1 for the inventory of brownfield sites known to the Brownfield Program.
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Table 1 – Brownfields Inventory
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CHAPTER 2 - COMMUNITY SERVICE AREA
Section 2-1
Population and Demographics
The FSST Indian Reservation (the Reservation) is 5,500 acres of combined trust (approximately 2,200
acres) and fee Tribal land located along and near the Big Sioux River in Moody County, South Dakota
(SD), in a region known as the Prairie Coteau, with topography consisting primarily of undulating or
gently rolling land (FSST, 2025). The Reservation is located approximately 45 miles northeast of Sioux
Falls, SD and approximately 30 miles southeast of Brookings, SD. Most of the Reservation is in the
vicinity of the City of Flandreau (the City), which is also home to much of the Tribe’s population and the
seat of the FSST Government. Please refer to Figure 1 for an overview of Tribal Lands near the City.
The City was incorporated in 1902 and covers approximately 1.93 square miles. The population of the
City was approximately 2,291 in 2023 (U.S. Census, 2024).
Figure 1. Location of Flandreau Santee Sioux Indian Reservation
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According to Bureau of Indian Affairs data, the Tribe had an estimated 736 enrolled members, as of
March 2025. According to the 20 U.S. Census, 549 of those Tribal members live on the Reservation.
Table 2 below lists the 2000, 2010 and 2023 populations for the Flandreau Santee Sioux Tribe and
total population of American Indians and Alaskan Natives living in the City of Flandreau. It also lists the
total population for the City of Flandreau. (2000, 2010 and 2023 U.S. Census Websites, 2025).
Table 2. 2000, 2010, and 2023 U.S. Census Population Statistics for the Reservation
Year
Population within the City of Flandreau
Flandreau Santee Sioux Tribe
(Reservation)
Total American Indian and
2000
326
564 (24% of total City population)
2387
2010
418
649 (28% of total City population)
2341
2023
549
494 (22% of total City population)
2291
Alaskan Native
City of Flandreau
Source: U.S. Census Bureau (2000, 2010, 2023)
Section 2-2
Population Projections
For purposes of this document, Tribal and U.S. Census data was used to determine population
estimates. Overall population for the City of Flandreau decreased during the period between the years
2010 to 2023 by 50 residents from 2341 to 2291. The American Indian and Alaskan Native population
in the City of Flandreau had a decrease of 152 people. Current Census projections anticipate Native
American populations to reach 9 million people by 2060, which is a 22% increase from the 7.4 million
people in 2023 (U.S. Census, 2024). The Flandreau Santee Sioux Tribal population in the year 2000
was 435, increased to 595 in 2010 (37% increase), and current enrollment estimates the Tribe to have
736 members (24% increase). This is an estimated 69% increase in enrolled Flandreau Santee Sioux
Tribal members since 2000.
Section 2-3
Community Assets, Resources, and Economy
There are a number of assets and resources that play a role in the implementation of the ISWMP. The
Tribal Council, Tribal Department of Housing, Department of Facilities Management, Maintenance
Department, Roads and Transportation Department, Road Maintenance Program, Law Enforcement,
Judicial Services, knowledge from Tribal Elders, the Bureau of Indian Affairs (BIA), and IHS are some
of the organizations that provide expertise in the ongoing revision of the ISWMP. Many of these
organizations make decisions related to solid waste management processes.
The Tribe maintains Mutual Aid Agreements with the City of Flandreau for utilities such as water,
wastewater, sewer and electrical services. Emergency response services are provided by a
combination of Tribal law enforcement, Flandreau City Police, Moody County Sherrif, and Flandreau
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Volunteer Fire Department. The Tribe coordinates with the City of Flandreau for waste disposal
services, which is provided by Eng Services (Sanitation collection) in Flandreau and Millenium
Recycling located in Sioux Falls, SD. Eng Sanitation transports solid waste from Flandreau to the
Brookings Regional Landfill 20 miles north near Brookings, SD
Economy
The Tribe’s major employers are the Flandreau Santee Sioux Tribe, the Flandreau Indian School, the
Royal River Casino and Entertainment Complex, and Native Nations Cannabis. The casino complex
offers gambling, an entertainment and conference center, hotel, recreational vehicle park, and full-service
restaurant with lounge and bar.
The success of the casino has allowed the Tribe to buy
back acres of the lands they were forced to leave. This
includes an approximately100-acre property in the sacred
Black Hills which is used for ceremonies. The increase in
land available to the Tribe for economic development
allowed the Tribe to maintain a buffalo herd and lease some
acres of their land to farmers for agriculture production.
Agriculture (crop production and livestock operations) is
now a primary industry on and off the Reservation,
employing both Tribal and non-Tribal operators.
In 2021 the state of South Dakota changed it Cannabis *Tribal Buffalo Pasture
legislation to allow the use of medical cannabis for patients Image courtesy of: FSST Brownfields Department
suffering from a variety of ailments. Upon this change the Flandreau Santee Sioux Tribe expanded
operations of their medical dispensary, Native nations LLC to accommodate the increase in demand for
medical cannabis.
The Flandreau Santee Sioux people had everything taken from them and were forced into concentration
camps. Over the last 150 years the Flandreau Santee Sioux people have rebuilt a community balancing
its traditional cultural values and faith with the realities of the 21st Century.
As illustrated in the Population and Demographics section, the Tribal population on the Reservation has
increased by 69% since 2000. It is anticipated the Tribal population will continue to rise, and the increased
population will result in an increase in the demand for sanitation services.
Temporary additional sanitation services are also needed during the Wacipi or Powwow events, a major
tourist attraction in the area which is held each summer. The Wacipi is a cultural and spiritual gathering
during which the Flandreau Santee Sioux people connect with their community and celebrate their cultural
traditions.
Housing
The Flandreau Santee Sioux Housing Authority manages and provides maintenance to several housing
units on the Reservation in the community of Flandreau as well as some rural scattered sites. These
homes are HUD Low Rent and Mutual Self-Help homes.
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Transportation
The Tribe maintains 5.4 miles of roadways on the Reservation through the FSST Tribal Roads
Department which provides access to homes throughout the Reservation. The majority of travel through
the Reservation is on State highways and County roads. The highway system serving the Reservation
consists of County and State highways and a major interstate, I-29 to the west. Major highways that
serve as major collectors of traffic in and around the Reservation include highway 13 and highway 32.
I-29 provides the Reservation and surrounding communities excellent north and south access to larger
cities near the Reservation which include Sioux Falls, SD, which is less than 50 miles to the south and
Brookings, SD, which is less than 30 miles to the north. Sioux Falls is the city with the greatest
population in South Dakota and has resources of a wide variety. Brookings is the state’s fifth largest
city and has more resources than Flandreau but fewer than Sioux Falls.
The Flandreau Municipal Airport is approximately three miles south of the Tribal Headquarters in
Flandreau, SD, at the intersection of SD Highways 13 and 34, however it provides minimal air travel
service. The nearest major airport is the Sioux Falls Regional Airport located south of the Reservation
in Sioux Falls. No major passenger service or public transportation is available on the Reservation other
than shuttle service from the casino to the airport. The nearest bus station is also to the south in Sioux
Falls
Section 2-4
Natural Setting
Flandreau is located in the Great Plains of southeastern South Dakota. Local elevation is approximately
1,565 feet above sea level (USGS 1967). The majority of the Great Plains have been converted from
prairies to cropland with some grazing land, which is illustrated by the majority of undeveloped land on
and around the Reservation being used for agricultural production. There is still a significant amount of
solid waste produced by agriculture, which in conjunction with urban solid waste adds to the complexity
of solid waste issues addressed in the ISWMP.
Geology and Natural Resources
The City lies in the Prairie Coteau subregion of the Northern Glaciated Plains Ecoregion. The Northern
Glaciated Plains region is primarily characterized by a flat to gently rolling glacial drift upland landscape
composed of transitional tall and shortgrass prairie with no evident drainage patterns. The landscape
is dotted with small lakes, semi-permanent to seasonal wetland habitats, and marshes that formed
when melting glacial ice beneath the sediment layer blocked the former drainage valleys with glacial
drift. Land elevation ranges from nearly 1,265 feet to 2,000 feet above mean sea level (USGS 1998).
The surficial geology lies within the Cretaceous period shale bedrock and is characterized by
undifferenced outwash, including sand and gravel plains, kames, terraces, and other glacial features
dating to the Upper Wisconsin glaciation. Cretaceous period formations overlie the quartzite include
Dakota Sandstone, Granerous Shale, Greenhorn Limestone, Carlile Shale, Niobrara Chalk and Pierre
Shale (SDDENR 2015).
The Big Sioux Aquifer is unconfined water-table, hydraulically connected to the Big Sioux River and
has a maximum aquifer thickness of about 50 feet in the Flandreau area (Hansen 1986). Locally, water
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movement is from the aquifer towards the Big Sioux River and generally parallel to the downstream
movement of water in the Big Sioux River (Hansen 1988). Changes of the flow direction from the aquifer
to the river can occur when the Big Sioux River’s stage rises above the water table.
Neither Tribe nor the City maintains landfills. Trash is transported and disposed of in the Brookings
Sanitary Landfill, twenty miles to the north. Therefore, there are not geological concerns related to
landfill migration issues. However, contamination from illegal dumps, especially those located in
ravines, has the potential to find its way into streams, rivers, and aquifers. Historically, most of the illegal
dumps are small and, since the area is not heavily industrialized, the risk has been low. Even so, there
is concern and anecdotal accounts of non-Tribal and "Midnight Dumpers" (both individual and
commercial) taking advantage of the isolation of the rural community areas and illegally dumping waste
rather than paying for disposal services.
Climate
According to the National Oceanic and Atmospheric Administration’s National Centers for Environmental
Information (NOAA 2020), the climate of the Reservation is typical of the upper Midwest, with warm
summers and cold winters.
Atypical climate years have been noted on the Reservation. During 2024, the National Ocean and
Atmospheric Administration (NOAA) shows the average annual temperature to be 43.4°F with an average
maximum of 54.4°F and minimum of 32.3°F. Average precipitation is 26.02” and average snow fall is
36.8”. In 2024 the total precipitation was 26.87” and total snowfall was 22.1”. The SDSU Mesonet for the
year 2024 saw the average temperature being 47°F, showing 2024 average temperature to be
approximately 4°F higher than normal. Additionally, Flandreau saw significantly less snowfall than
average and has been threatened by various degrees of drought conditions since 2000.
A storm in 2022 resulted in a Major Disaster declaration from President Joe Biden. On May 12, 2022 a
severe storm with straight-line winds, tornadoes, and flooding caused property damage to the southeast
South Dakota area, including the Reservation. Unlocking federal funding assistance through the Federal
Emergency Management Agency (FEMA) for the Tribe to repair damage caused by the storm. A series
of storms caused historic flooding on the Reservation between June 16 and July 8, 2024. This resulted
in President Joe Biden making another Major Disaster Declaration for South Dakota and again allowed
the Tribe to access to federal funding assistance for damages from these storms.
According to FEMA – Disaster Declarations for States and Counties webpage, Moody County has
received 19 Disaster Declarations for several types of events including floods, winter storms, tornadoes,
blizzards and droughts. The COVID-19 Pandemic accounts for an additional 2 Disaster Declarations
which were both issued in 2020.
Extreme weather conditions can impact solid waste collection by delaying pickup and causing trash to be
blown out of trash bins and causing litter to be scattered on the Reservation. In addition, Severe weather
can also cause roads to be impassible due to snow cover, ice cover, flooding, and in some cases damage
road surfaces. This can make it difficult for sanitation services to reach residences, especially those
residences outside of town. When roads have been impacted, the Tribe works with the SDDOT, local,
and Tribal Road Maintenance departments to clear roads and repair damaged road surfaces as quickly
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as possible to restore access for vehicles, including sanitation services.
CHAPTER 3 - SOLID WASTE MANAGEMENT PROGRAM
STRUCTURE AND ADMINISTRATION
Section 3-1
Administration and Management
The Tribe operates under a Constitution and By-laws consistent with the Indian Reorganization Act of
June 18, 1934, which was ratified by the Tribe on April 4, 1936, and approved by the Secretary of the
Interior on April 24, 1936, pursuant to section 16 of the act June 18, 1934 (48 Stat. 984), as amended
by the act of June 15, 1935; (49 Stat. 378). The Corporate Charter of the Tribe was issued on October
24, 1936, by acting Secretary of the Interior of the Reservation, was duly submitted for ratification to
the adult Indians living on the reservation and was, on October 31, 1936, duly ratified by a vote. The
most recent amendment to the Constitution and By-Laws for the Flandreau Santee Sioux Tribe of South
Dakota was approved by the Secretary of the Interior on July 8, 2022.
The FSST is governed by an eight-member Executive Committee or Tribal Council. Elected terms are
staggered, and candidates must live within the defined Reservation. The Reservation is the only
electoral district. The Executive Committee is responsible for oversight of the Brownfields Program and
the GAP program to ensure enforcement of Title 16, including funding and the approval of the ISWMP.
The Tribal Solid Waste Program, managed by the Brownfields Program, plays a key role in protecting
and improving the health of Tribal members and the Reservation's neighbors by protecting the health and
quality of the Reservation's environment. The GAP program is responsible for recycling, e-waste, and
identification of potential problems with solid waste management. The Brownfields Program is
responsible for the assessment and cleanup of sites that are or are suspected of being or are known to
be contaminated, and the GAP program assists with these efforts. Brownfields will assist the GAP
program with activities such as recycling solid and special wastes such as used motor oil and
electronics.
Section 3-2
Solid Waste Laws and Regulations
Federal laws govern the management of solid and hazardous waste. The 1976 Resource Conservation
and Recovery Act (RCRA) provides the framework for the proper management of the wastes. Subtitle
D of the RCRA addresses non-hazardous solid waste and Subtitle C addresses hazardous solid waste.
The Code of Federal Regulation provides regulatory requirements to implement the law. The RCRA
regulations are contained in Title 40, parts 239 through 282.
FSST Law and Order Title, Volume V, Title 16 Solid Waste and Hazardous Waste Management Ordinance
The Tribe has concurrently adopted Title16. Title 16 was approved by the Tribal Executive Committee
through Tribal Resolution 19- 47 on July 23, 2019. The ISWMP outlines the legal framework for the
Tribe to manage solid and hazardous waste on the Reservation.
Title 16 addresses the following aspects of storing, collecting, and disposing of solid and hazardous
waste:
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Chapter 1: Preliminary Provisions
Chapter 2: Solid Waste Management and Prohibitions
Chapter 3: Special and Industrial Wastes Management
Chapter 4: Hazardous Waste and Brownfields Management
Chapter 5: Waste Storage, Collection, Transfer and Transportation
Chapter 6: General Solid Waste Management Requirements, Permits, Fees
Chapter 7: Compliance and Enforcement
Law Enforcement on the Reservation is the primary responsibility of the FSST Police Department.
Additionally, the Tribe maintains mutual aid agreements with the City of Flandreau for law
enforcement and the Volunteer Fire Department for fire protection services.
FSST Integrated Solid Waste Management Plan
As identified in Title 16 Section 1-3 (a)(2) and (b)(4). Organization and Duties.
The DNR will be responsible for drafting, implementing, and updating the ISWMP. The DNR will submit
the updated ISWMP to the Land Committee and Executive Committee for approval. Once approved, the
DNR will provide the Land Committee and Executive Committee an annual report on the Program and
recommend amendments, as needed, to the ISWMP. The DNR may engage other agencies or
consultancies to assist in the preparation and updates of the ISWMP. The Executive Committee will
review the Solid Waste Management Program and the ISWMP on an annual basis and make
amendments to the ISWMP, as needed.
The ISWMP seeks to provide management direction in accordance with federal and Tribal laws and
regulations. The ISWMP does not address abandoned hazardous waste sites, substandard landfills, or
leaking underground storage tanks. However, understanding the types of substances that are regulated
under Title 16 is essential in managing solid and hazardous wastes. For a complete list of wastes which
are not solid wastes and for solid wastes which are not hazardous wastes, refer to 40 CFR 261.4
(Exclusions), which can be found in Chapter 7. The definitions are updated to reflect the definitions
adopted by the EPA. In any case when a term is not defined in the ISWMP or is in question, the EPA
definition will prevail.
There are no recognized solid waste dumps on the Reservation, therefore dumping on the Reservation
is prohibited by the Tribal legal code. In no event are solid or hazardous wastes allowed to be disposed
of on the Reservation by any businesses, programs and/or residences operating or living within the
exterior boundaries of the Reservation. This is intended to:
• Promote the health, safety, and welfare of FSST members and all other persons living and
working within the boundaries of the Reservation.
• Protect the historical and cultural values of the Tribe.
•
Minimize the impacts of improper management and/or disposal of solid waste to the air, surface
water, groundwater, wildlife and other land and natural resources.
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Enforce rules and regulations under Title 16 for the storage, collection, transfer, and disposal
of all waste within the boundaries of the Reservation.
• Implement strict requirements for storing wastes, including abandoned cars, tires, and other
solid wastes.
The Executive Committee sets fees and operating requirements for those individuals, and commercial
entities that collect and dispose of waste for Tribal members, and residents of the Reservation.. The
Tribe coordinates with the City for waste disposal services.
•
Section 3-3
Solid Waste Permits
This section discusses the solid waste permits, including emergency permits. Permit Application for
individuals and businesses may be obtained at the FSST Brownfields Program Office located at 603
W. Broad Avenue Flandreau, South Dakota 57028. Advance requests may be obtained by telephone
at (605) 997-3891.
Please plan accordingly when submitting application prior to event/activity requested in application,
DNR will need adequate time (up to 30 days) to review applications.
Solid Waste Permit
A permit (Permit) from FSST Department of Natural Resources (DNR) is required for the following
activities or facilities pursuant to Title 16.
1) Commercial Motor Vehicle Salvage Yard
2) Commercial Waste Collection and Transportation
3) Construction Waste Management
4) Demolition Waste Management (structures greater than 100 sq.ft)
5) Waste/Used Oil Collection and Storage
6) Open Burning
7) Septic Waste Pumping and Hauling
8) Used or Scrap Tire Storage
9) Prime Contractor Waste Management Permit Fee
If a Permit is denied by DNR, it will be referred to the Executive Committee for final action.
Emergency Permits
As identified in Title 16, The Executive Committee may issue an emergency permit, upon
recommendation by the DNR, for one-time waste management or disposal events based on various
practical factors during emergency conditions. Application for such permits will be made pursuant to
this Title. The Executive Committee, DNR, and other Tribal, Local, State and Federal Agencies will work
together to accomplish the efficient, environmentally sound disposal of solid waste, hazardous waste
and/or regulated materials to minimize impacts on human health, the environment and water resources.
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Disposal under emergency permits must be restricted to nonhazardous solid wastes from a specific
site/area for a specific period.
Application Contents
Please refer to Appendix A for the permit application. Applications shall include at a minimum:
1) The applicant’s full name, residential address, telephone number, and email address
(if available).
2) If the applicant represents a business entity, the full name of the business, the principal
business location address, Employer Identification Number (EIN) number, the full
name, title, and email address (if available) of everyone who will be a key participant on
application.
3) Written Description and/or location of area where permitted activity will occur.
4) Projected time frame of permitted activity.
5) Name, description, and quantity of material and/or waste being stored (if applicable).
6) Location of “stored” material and/or waste.
7) List all possible hazard(s) to human health or the environment outside the permitted
location (listed) or to the nearby surrounding area.
Revocation
The Executive Committee reserves the right to revoke a permit, on the recommendation of DNR, at any
time based upon any of the following:
1) Failure to follow the stipulated conditions of the permit.
2) Excessive wildfire occurrence in the vicinity of an open burn.
3) Complaints of dumping hazardous waste.
4) Complaints of hazardous smoke and/or nuisance smoke created by an open burn.
Fees
In accordance with Title 16, the Executive Committee sets all fees by resolution. The following sections
in Title 16 refer to fees:
Section 16-6-3. Waste Management Permit Fees:
(a) The Executive Committee, upon recommendation of the DNR, will set fees by resolution.
The fees will be commensurate with costs to issue and monitor activities undertaken by
the Permit.
(b) The Executive Committee may exempt fixed income, disabled or other persons from
such fees for solid waste management and/or determine alternative ways for such
persons to pay for the Permit.
(c) The DNR may declare free days for the collection and disposal of waste, debris and
refuse in furtherance of clean-up days and other civic purposes.
(d) Each Permittee will keep complete and accurate records in such form as the Executive
Committee may require.
Section 16-6-4. Prime Contractor Waste Management Permit Fee:
The FSST will charge a Permit Fee for “Prime Contractors” for demolition or construction
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projects. The permit fee will be payable to the FSST and will be for the sum of 2% of the
total gross amount of the contract. The permit fee will be noticed as part of the request for
bids process. For the purposes of this requirement a “Prime Contractor” is the prime
contractor for construction or demolition projects funded by a Federal Agency, Tribal
Government, or other commercial construction, this does not apply to private residential or
agricultural property construction or demolition.
Section 16-6-5. Non-payment of Permit Fees:
Non-payment of any required permit fee may be grounds for denial or revocation of a permit
and/or a contract. Non-payment of required fees will be a violation of Title 16 and permittee
may be subject to civil penalties. The Executive Committee will have the primary jurisdiction
to hear matters regarding the non-payment of fees established pursuant to the Title.
Section 16-6-6. Revenues from Permit Fees:
(a) Fees collected under this Chapter will be deposited in a special account established for
the Program for the permitting, inspection, Title 16 enforcement and oversight of solid
waste management and facilities as well as response to environmental hazards and
emergencies.
(b) The expenditure of all above revenues from fees will be subject to the review and
oversight of the Executive Committee.
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The Executive Committee approved the following permit fees and fines for violations of Title 16:
Table 3. FSST Permit and Citation Rate Sheet
Permit and Citation Rate Sheet
Flandreau Santee Sioux Tribe
Department of Natural Resources
Type
Action
Citation Large Illegal/Open Waste Dumps (>0.5 ac)
$
Small Illegal/Open Waste Dump (<0.5 ac)
$
Littering
$
Solid Waste Burning
$
Solid Waste Accumulation
$
Unserviceable Vehicle Accumulation
$
Unauthorized Waste Management Facility
$
Permit
Septic Tank Pumping’s and Sewage Sludge
Used or Waste Oil
Major Appliances
Lead-acid batteries
Infectious, medical, laboratory wastes disposal
Farm and Ranch Wastes
Dead Animals
Used and Scrap Tires
Abandoned Mobile Home or Trailer
Construction and Demolition Wastes
Petroleum Contaminated Soils
Motor Vehicle/Tire Salvage Yard
Commercial Waste Collection
Open burning
Hazardous Waste Management
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$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
Fee
100.00
50.00
50.00
100.00
50.00
500.00
200.00
Unit
Month
Month
Event
Pile
Month
Vehicle
Month
50.00
50.00
50.00
50.00
50.00
50.00
50.00
50.00
50.00
50.00
50.00
50.00
50.00
50.00
50.00
each
each
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each
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16
CHAPTER 4 - CURRENT AND PROPOSED
WASTE MANAGEMENT PRACTICES
Section 4-1
Current Solid Waste Program
The current solid waste program includes collection, disposal, and recycling. The program also includes
an understanding of the waste generators, including amount and types of waste. As part of the current
solid waste program on the Reservation, the ISWMP was created in order to provide reliable solid waste
guidance for Tribal members, residents and businesses on the Reservation; to ensure the health and
safety of all citizens within the boundaries of the Reservation; to inform and educate persons of the
need to properly dispose of solid wastes; and to comply with all applicable Tribal and federal laws and
regulations in waste management operations on the Reservation.
Collection
The FSST DNR currently works with Eng Services for waste collection, which is in the City. The
municipal solid waste (MSW), more commonly known as trash or garbage, consists of everyday items
such as product packaging, grass clippings, furniture, clothing, bottles, food scraps, newspapers, and
appliances. MSW is collected from 65-gallon containers and rear load straight RL- 200 dumpsters. Eng
Services utilizes rear loading garbage hauler trucks to provide service to 36 rental units and 17
homeownerships at the Tribal Housing in the City.
Tribal residents living in homeownerships or rented homes are responsible for trash removal and are
billed directly by Eng Services for collection services at $30.00 per month. Eng Services transports
waste to Brookings Sanitary Landfill. Under contract, Eng Services pays the Brookings Sanitary Landfill
$10.90 per month for each household unit disposed of at the landfill. Additionally, the Tribe contracts
with Eng Services for collections at Tribal Housing Authority units at $30.00 per month for each unit. It
currently leases dumpsters from Eng Services at $100.00 per dumpster per year, which are then
positioned at the Tribal Housing units. The dumpsters are picked up on a weekly schedule. The Tribe
operates under a 2010 Solid Waste Hauling Agreement with Eng Services (See Appendix B for Waste
Hauling Agreement with Eng Services).
Tribal members that live outside the City limits have optional management of their solid waste. Many
residents choose to contract for services with Eng Services at a monthly rate. Eng Services has a
variable rate structure depending on services and location. Typically, a resident pays $15.00 for
dumpster equipment rental and $15.00 per month for dumpster service. If a resident chooses to
purchase his or her own dumpster, the rate is reduced by the rental fee.
Eng Services also provides services to the rural areas outside the City in Moody County. Collection
stops include:
• South-side (3 homes)
•
Eastside (8 homes)
•
North side of highway (13 homes)
•
BIA roads 227 and 228th street (16 homes)
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•
Pow-wow grounds (8 homes)
•
480th Avenue (2 homes)
•
229th Street (4 homes)
A total of 54 rural homes have their garbage picked up on a weekly basis by Eng Services.
Disposal
Eng Services collects waste and disposes of it at the Brookings Landfill near Brookings, SD which is 28
miles north of the City. The City of Brookings has an established rate structure for domestic,
government, and commercial units within the city limits. Commercial haulers servicing the Tribe and
their members are charged a usage fee for the facility. The following fees were current as of April 2025:
o
Appliances (stoves, washers, dryers) - $48.75 per ton
o
Asbestos - $56.65 per ton
o
Asbestos (bag) - $8.00 per bag
o
Compost / yard waste (grass clippings) - $48.75 per ton
o
Concrete - $48.75 per ton
o
Contaminated soil - $48.75 per ton
o
Demolition / construction - $48.75 per ton
o
Electronic waste - $48.75 per ton
o
Fill / dirt - $48.75 per ton
o
Freon-containing Items
o
Refrigerator or Freezer - $15.90 each
o
Air Conditioner or Dehumidifier - $22.75 each
o
Garbage / refuse - $48.75 per ton
o
Lumber - $23.40 per ton
o
Metal / scrap iron - $48.75 per ton
o
Mobile Home - $265.25 each
o
Roofing / Siding - $48.75 per ton
o
Tires
o
o
Car tires - $4.55 per tire
o
Pickup tires - $6.80 per tire
o
Tractor tires - $38.60 per tire
o
Truck tires - $14.35 per tire
o
Tire rim - $8.85
Trees - $23.40 per ton
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Recycling
According to Section 16-5-1. (b) of Title 16-: “All solid wastes (or materials which have been separated for
the purpose of recycling) will be stored in such a manner that the waste does not constitute a fire, health,
or safety hazard, does not provide food or harborage for vectors, and contained or bundled so as not to
result in spillage.”
Eng Services provides curbside recycling service to the Tribal Housing residents on the Reservation.
Scheduled pick-up times are every other Tuesday of the month. Eng Services accepts single source
recycling; all items must be empty of liquids and food waste.
The City also has an 8-yard dumpster available at the City Office in the east parking area for residents to
use for recycled material should they wish to participate in the program but not in curbside recycling.
Recyclable Items will be accepted curbside and, in the dumpster, located at the City Office. Recyclable
items include:
•
tin cans, aluminum cans and plastic containers marked 1 PETE or 2 HDPE only.
o
•
Tin cans, aluminum cans, and plastic containers must be rinsed out and clean. No plastic
bags, glass, or pizza boxes are accepted.
newspaper, magazines, cardboard, cereal box type cardboard and junk mail.
o
Newspaper, magazines, cardboard, and junk mail must be dry and can be placed inside
brown paper grocery bags for recycling.
The Tribal DNR accepts recycling throughout the year from Tribal businesses and all members in the City
and rural Moody County. The Tribal DNR works with students involved in the Future Farmers of America
program within the Flandreau Public School. The students and their teachers will drop off paper, plastics,
and aluminum cans during the school year at the Tribal DNR, which are transported in an enclosed trailer
to Millennium Recycling in Sioux Falls, SD, which is 45 miles south of the Reservation.
Aluminum cans are collected by the Tribal DNR and the FSST Youth Program from the local Tribal
Casino (Royal River Casino & Hotel) on a quarterly basis. R&T Unit Can Company travel to the City
from Sioux Falls to pick-up the cans collected.
Electronic waste is collected by DNR year-round and transported to Secure Enterprise Asset
Management (SEAM) in Sioux Falls, SD.
Amount and Composition of Waste Generated
No studies have been completed on the Reservation for waste generated and there is no current
accurate estimate of the quantities or characteristics of solid waste generated. In lieu of minimal waste
collection data on the FSST Reservation, statistics may need to be noted from another Tribe in the
region. National data may also assist with estimating waste generation data for the Reservation.
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CHAPTER 5 FUNDING, SUSTAINABILITY, GOALS
Section 5-1
Funding Sources
The current Tribal Solid Waste Management Program receives funding from various sources such as
Tribal programs and local government offices that utilize the Solid Waste Program for disposal of solid
waste.
The Brownfields Programs primary funding source is from the EPA under a Tribal Response Progrm
(TRP) Grant.
•
CERCLA §128(a) TRP Grant to survey and inventory potential Brownfield sites and provide
oversight on assessments and cleanups.
Section 5-2
Sustainability
Addressing solid waste issues is a priority for the Tribe. The Tribe has established Title 16 to give a
legal framework for how Solid Waste needs to be handled on the Reservation. This process is reviewed
and improved periodically with the following considerations:
• Grants will be continuously sought after in order to assist in funding projects and equipment.
•
Recycling options are continuously improved upon.
•
Educational outreach and enforcement activities intended to mitigate illegal dumping on the
Reservation occur annually.
Annual review of internal processes and procedures will be made to identify needs, reduce
costs, and improve efficiency.
Annual training will assist the staff in carrying out the duties of their jobs.
•
•
•
•
Enlisting the support of partners that play roles in protecting the environment and public
health.
Continuing to gain support from the community.
The Solid Waste Program and Brownfields Program will continue to use the resources of the EPA Tribal
Response Program to assist with the inventory updates of dump sites, clean-up plans, provide oversight
of the cleanups, enforcement of Title 16, and conduct public outreach to help educate the community
on the negative impacts of illegal dumping.
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Section 5-3
Long Term Goals
The vision of the FSST is to establish long term goals to protect the health and welfare of all residents of
the Reservation. The goal are to:
1) Improve and protect human health
2) Improve the quality of water, air, and land
3) Protect the Reservation’s domestic animals and wildlife
4) Keep the Reservation a beautiful and healthy place to live for generations to come.
The ISWMP is updated periodically and provides guidance on methods of protecting the Tribes financial
health by determining the best methods to enforce Title 16 in order to prevent the development of
hazardous waste sites.
The goals of the ISWMP are to:
•
•
Identify the services that collect, transfer, and dispose of waste in a responsible and efficient
manner.
Provide direction on the disposal of waste in a proper manner, eliminating littering, identify open
dumps, and monitor burning.
•
Continue to document and identify recycling markets (current need for recycling tires).
•
•
Find innovative ways to divert waste from final disposal into constructive materials and end
products.
Provide guidance on how to reduce the amount of waste generated on the Reservation.
•
Educate the Reservation’s population on:
1) everyone’s contribution to improving solid waste practices and habits
2) the negative impacts of improper or excessive disposal of solid waste.
•
•
•
•
•
Provide the framework for the implementation of the FSST Integrated Solid Waste Management
Plan to ensure the rules, regulations, procedures, and standards are detailed and related to
solid waste management programs and practices.
Outline the legal authority and enforcement of Title 16 provisions as well as establish
appropriate penalties for violation of Title 16.
Identify the operational funding sources for actions and activities documented in the ISWMP.
Identify partners within neighboring jurisdictions (towns, counties, and volunteer organizations)
to evaluate if more efficient operation may be gained by working together on Solid Waste related
activities.
Be a living guide for all Solid Waste related decisions on the Reservation and document grant
funding from local, state, and federal agencies.
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CHAPTER 6 - APPROVAL BY TRIBAL COUNCIL
(Placeholder)
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CHAPTER 7 – DEFINITIONS
The following terms are defined and incorporated into the ISWMP and Title 16: Solid Waste and
Hazardous Waste Management Ordinance:
Agricultural waste- Solid waste derived from the production and processing of crops and livestock
such as manure, spoiled grain, grain screenings, undigested rumen material, livestock carcasses,
fertilizer, and fertilizer containers. This does NOT include pesticide waste or pesticide containers.
Approved container- Any receptacle intended for the temporary storage of waste, that is durable, leak
proof, nonabsorbent, watertight, corrosion resistant, rodent and insect resistant, easily cleanable, has
close-fitting covers and adequate handles to facilitate handling, and is in good condition. Containers
are further limited to the following:
a) Individual household containers must be of the type and volume approved by the DNR.
b) Business and drop box containers must be of the type and volume approved by the DNR and
compatible with the collection vehicle used by the designated program, agents, or
contractors.
Aquifer- A geological formation, group of formations, or portion of formation capable of yielding
significant quantities of groundwater to wells or springs.
Bulky wastes- A large bulky items of refuse, such as car bodies, appliances, furniture, trees and
stumps and other oversized wastes not suitable for disposal in waste collection containers.
Carcass- Any dead animal or portion of any dead animal.
CERCLA- Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.
C. § 9601 et seq.), as amended by the Superfund Amendments and Reauthorization Act of 1986 and
the Small Business Liability Relief and Brownfields Revitalization Act of 2002 and any subsequent
amendments.
Certification- an official document attesting to a status or level of achievement.
Closure- The termination of the receiving, handling, recycling, treatment, or disposal of solid waste at
an approved site, and includes all operations necessary to close and reclaim a solid waste management
unit or facility and prepare the facility for post-closure maintenance. Closure shall be conducted in
compliance with applicable Tribal Laws and federal regulations within the Reservation boundary.
Closure actions may include, but are not limited to, sloping filled areas to provide adequate drainage,
applying final cover, providing erosion control measures, grading and seeding, installing monitoring
devices, constructing surface water control structures, installing gas control systems, and measures
necessary to secure the site. Any waste transported off the Reservation must also meet State disposal
requirements.
Collection- The gathering of solid or hazardous waste at the place of generation by an approved
collection agent, and transfer to a transfer station or the place of final utilization, reuse, or disposal.
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Commercial waste- All solid waste generated by stores, offices, restaurants, warehouses, and other
non-manufacturing activities, no matter what the ownership structure, excluding residential waste,
industrial waste, and special waste.
Construction waste- Inert refuse, materials and rubble associated with the construction, remodeling,
and repair of such objects as roads, buildings, or similar structures.
Controlled substance- Any imminently hazardous chemical substance or mixture with respect to which
the EPA Administrator has acted pursuant to Section 7 of the Toxic Substances Control Act (15 U.S.C.
2601 et seq.).
Days- Calendar days unless otherwise stated in the Title 16. Business days are Tribal government
business days.
Demolition waste- Solid waste, largely inert waste, resulting from the demolition of or razing of buildings,
roads, and other man-made structures.
Discharge- The accidental or intentional spilling, leaking, pumping, pouring, emitting, emptying, injecting,
or dumping of waste into or on any land or water.
Disposal- The discharge, abandonment, deposit, injection, dumping, or placing of any solid or hazardous
waste into or on any soil, air, or water, intentional or otherwise.
Disposal Site- A site, location, tract of land, landfill site, or premises used or intended to be used for
partial and or total waste disposal.
Facility- All contiguous land and structures, other appurtenances, and improvements on land which
include one or more solid waste management units. A facility may or may not be used solely for solid or
hazardous waste management.
Fee- The monetary charge for the permitting, collection, transportation or disposal of solid waste or
hazardous waste.
Garbage- Putrescible material including, but not limited to rejected animal parts, fruit and vegetable
wastes resulting from the use, handling, preparation, cooking and consumption of food or storing of meat,
fish, fowl, fruit or vegetables, including wastes from markets, storage facilities, and processing plants.
Groundwater- Water occurring in the zone of saturation in an aquifer below the land surface in a geologic
unit in which soil pores are filled with water and the pressure of that water is equal to or greater than
atmospheric pressure.
FSST INTEGRATED SOLID WASTE MANAGEMENT
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Hazardous Substance- Any substance designated pursuant to section 311(b)(2)(A) of the Clean
Water Act (CWA); any element, compound, mixture, solution, or substance designated pursuant to
Section 102 of CERCLA; any hazardous waste having the characteristics identified under or listed
pursuant to section 3001 of the Solid Waste Disposal Act (SWDA) (42 U.S.C. § 6901 et seq.); any toxic
pollutant listed under section 307(a) of the CWA; any hazardous air pollutant listed under section 112 of
the Clean Air Act (42 U.S.C. § 7412 et seq.); and any imminently hazardous chemical substance or
mixture with respect to which the U. S. EPA Administrator has taken action pursuant to Section 7 of the
Toxic Substances Control Act (15 U.S.C. § 2601 et seq.).
Hazardous Wastes- Solid waste or combination of solid wastes which, because of its quantity,
concentration or physical, chemical, or infectious characteristics may:
a) Pose a substantial present or future hazard to human health or the environment when
improperly treated, stored, transported, or disposed of, or otherwise mismanaged, as
determined by the FSST; or
b) Meet the specifications, description or listing as a hazardous waste in 40 CFR Part 261
pursuant to Section 3001 of the Solid Waste Disposal Act (42 U.S.C. § 6901 et seq.), as
amended.
Industrial waste- Waste may include, but is not limited to, residues or spills of any industrial or
manufacturing process and waste resulting from the following: fertilizer/agricultural chemicals; inorganic
chemicals; leather and leather products; organic chemicals; plastic, resin, fiberglass, or carbon-fiber
based products; transportation equipment; and the combustion of municipal waste or regulated
infectious waste.
Inert waste- Solid waste that does not readily decompose which will not generally contaminate water
or generate a contaminated leachate. Inert waste does not serve as food for vectors. Inert waste
includes but is not limited to: construction and demolition material such as metal, wood, bricks,
masonry, and cement concrete; asphalt concrete; and tree branches.
FSST INTEGRATED SOLID WASTE MANAGEMENT
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Infectious waste- Medical waste that contains any disposable equipment, instruments, utensils, human
tissue, laboratory waste, blood specimens, or substances that carry pathogenic organisms from rooms of
patients who have been diagnosed or are suspected of having a communicable disease; disposable
substances that carry pathogenic organisms; and surgical operating room pathogenic specimens or
substances that carry pathogenic organisms.
The following do not constitute infectious waste:
1) Hazardous waste;
2) Household waste or household-type waste generated in a facility;
3) Ash from incineration of regulated medical waste;
4) Residues from treatment and destruction processes once the waste has been both treated
and stored;
5) Human corpses, remains, and anatomical parts that are intended for interment or
cremation;
6) Etiologic agents being transported interstate pursuant to applicable shipping
requirements;
7) Samples of regulated medical waste transported off-site for enforcement purposes by
the EPA, the State, or the Tribe; and
8) Animal carcasses or body parts that result from the diagnosis and treatment of animal
diseases.
Institutional Controls- Temporary or long-term restrictions on the use of a site or property established
by the Executive Committee and/or the appropriate responsible governmental entity or entities due to
actual or potential existing levels of hazardous substances, pollutants or contaminants in soils, water or
groundwater above background.
Landfill- An area of land or an excavation in which wastes are placed for permanent disposal, and that is
not a land treatment unit, surface impoundment, injection well, or waste pile.
Land treatment- The controlled application of solid waste, excluding application of animal manure, into the
surface soil to alter the physical, chemical, and biological properties of the waste.
Leachate- Liquid that has passed through waste or emanating from land disposal cell or solid waste and
contains soluble, dissolved, suspended, miscible materials and/or microbial contaminant waste products
from the solid waste.
Liquid- Any material that will pass through a 0.45 micron filter at a 75 psi pressure differential.
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Litter- Any discarded, used, or unconsumed substance or waste, including any garbage, trash, refuse,
debris, rubbish, grass clippings or other lawn or garden waste, newspaper, magazines, glass, metal,
plastic, or paper containers or other packaging construction material, abandoned motor vehicle, motor
vehicle parts, furniture, oil, carcass of a dead animal, any nauseous or offensive matter of any kind, any
object likely to injure any person or create a traffic hazard, or anything else of an unsightly or unsanitary
nature, which has been discarded, abandoned or otherwise disposed of improperly;
Littering- The improper disposal, depositing, release, or placing of any solid waste by any person, acting
on his own or on behalf of a firm, corporation governmental subdivision or agency in any location, other
than an approved solid waste collection, storage, treatment or disposal container or area within lands
subject to the jurisdiction of the FSST.
Manufactured home- A structure, transportable in one or more sections, which is eight feet or more in
width or forty feet or more in length in the traveling mode, or is three hundred twenty or more square feet
when erected on a site; which is built on a permanent chassis and designed to be used as a dwelling, with
or without a permanent foundation, when connected to the required utilities; and which contains in it the
plumbing, heating, air conditioning and electrical systems. The term includes any structure which has been
certified by the secretary of housing and urban development as having complied with the National
Manufactured Housing Construction and Safety Standards Act of 1974 as amended and in effect on
January 1, 1984 (Also see Mobile home).
Mobile home- A movable or portable unit, designed and constructed to be towed on its own chassis
(comprised of frame and wheels), and designed to be connected to utilities for year-round occupancy. The
term includes:
a) Units containing parts that may be folded, collapsed, or telescoped when being towed and that
may be expanded to provide additional cubic capacity; and
b) Units composed of two or more separately towable components designed to be joined into one
integral unit capable of being separated again into the components for repeated towing (See
Manufactured home).
Motor Vehicle Salvage Yard- See Automobile Salvage Yard
Nuisance- Any act or condition created by a person(s) which results in an inconvenience to or affects
the health of the public.
Oil product- Any commodity made from oil or gas and includes refined crude oil, crude tops, topped
crude, processed crude, processed crude petroleum, residue from crude petroleum, cracking stock, uncracked fuel oil, fuel oil, treated crude oil, residuum, gas oil, casing head gasoline, natural-gas gasoline,
kerosene, benzene, wash oil, waste oil, blended gasoline, lubricating oil, blends or mixtures of oil with
one or more liquid products or byproducts derived from oil or gas, and blends or mixtures of two or more
liquid products or byproducts derived from oil or gas, whether hereinabove enumerated or not.
Open burning- The burning of solid waste in an open area, field, pile, or in any other manner.
Open dump- Any disposal site that is not in full compliance with the Title 16 and 40 CFR Part 257 or 258,
FSST INTEGRATED SOLID WASTE MANAGEMENT
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as amended.
Operator- The person responsible for the overall operation of a facility or part of a facility.
Owner- The person who owns a facility or part of a facility and/or the property owner.
Pesticide- Any substance or mixture of substances intended for preventing, destroying, repelling, or
mitigating any pest, or intended for use as a plant regulator, defoliant, or desiccant.
Petroleum-contaminated soils- Any soil containing an oil product, petroleum product, produced oil,
crude oil, or other oily wastes.
Pile- Any non-containerized accumulation of solid, non-flowing hazardous waste that is used for
treatment or storage and that is not a containment building.
Pollutant or contaminanta) Any element, substance, compound, or mixture, including disease-causing agents, which
after release into the environment and upon exposure, ingestion, inhalation, or assimilation
into any organism, either directly from the environment or indirectly by ingestion through food
chains, will or may reasonably be anticipated to cause illness, disease, death, behavioral
abnormalities, cancer, genetic mutation, physiological malfunctions (including malfunctions
in reproduction) or physical deformations, in biological organisms or their offspring. The term
pollutant or contaminant shall also include a controlled substance (as defined in Section 102
of the Controlled Substances Act (21 U.S.C. § 802 et seq.)) and petroleum or petroleum
product; or
b) Pollutant or contaminant also means any pollutant or contaminant that may present an
imminent and substantial danger to the environment, public health or welfare of the Tribe or
any person within lands subject to the jurisdiction of the FSST.
Pollutiona) the condition caused by the presence of any solid waste, hazardous waste, or substance in or
on soil, air, or water; in such quantity, of such nature and duration, or under such condition
that the quality, appearance or usefulness of the soil, air, or water is significantly degraded or
adversely altered; or
b) contamination of the environment to a measurable degree and adverse nature, including but
not limited to hazardous substances pollutants or contaminants (as defined in Section 101(14)
and (33) of CERCLA, 42 U.S.C. § 9601 et seq.); hazardous waste (as defined in the Solid
Waste Disposal Act, 42 U.S.C. § 6901 et seq. and 40 CFR Part 261), a controlled substance
(as defined in Section 102 of the Controlled Substances Act, 21 U.S.C. § 802 et seq.);
petroleum or petroleum byproducts or other toxic organic waste or toxic chemicals.
Premises- A tract or parcel of land with or without habitable buildings.
Putrescible- Organic matter that is capable of being decomposed by micro-organisms and that can
result in the formation of foul-smelling products.
RCRA- The Resource Conservation and Recovery Act of 1976, an amendment to the Solid Waste
Disposal Act, 42 U.S.C. § 6901 et seq.
Recyclable material- A solid waste material that has been segregated for recycling or converted into a
FSST INTEGRATED SOLID WASTE MANAGEMENT
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raw material, substitute for a raw material, or a commodity.
Recycling- Collecting, sorting, or recovering material that would otherwise be solid waste and
performing all or part of a method or technique, including processing, to create a recyclable material.
Release- Any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping,
leaching, dumping, or disposing into the environment (including the abandonment or discarding of
barrels, containers, and other closed receptacles containing any hazardous substance or pollutant or
contaminant). The normal application of fertilizer is excluded.
Sanitary landfill- A land disposal facility that is 40 CFR Part 257 and 258 compliant, at which solid waste
is disposed.
Sludge- Any solid, semi-solid or liquid waste consisting of a mixture of solids and water, oils, or other
liquids 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.
Solid waste- Any garbage, refuse, sludge from a waste treatment plant, water supply treatment plant,
or air pollution control facility and other discarded materials, including solid, liquid, semi-solid, or
contained gaseous material resulting from industrial, commercial, and agricultural operations, oil and
gas exploration or production, mining or mining ore beneficiation activities and from community activities,
solid or dissolved materials in domestic sewage or dissolved materials in irrigation return flows or
industrial discharges which are point sources subject to permits under section 402 of the Clean Water
Act, as amended to January 1, 2011, or source, special nuclear or by- product material as defined by the
Atomic Energy Act of 1954, as amended to January 1, 2011.
Solid Waste Management Facility- A commercial, governmental, institutional, or Tribal facility which
is authorized by the FSST to accumulate, store, treat, transfer or otherwise manage solid waste other
than in approved solid waste collection containers or boxes or areas.
Integrated Solid Waste Management Plan (ISWMP)- The ISWMP has been adopted by the FSST
Executive Committee for the management of solid waste, and defines the objectives, goals, procedures,
responsibilities, as well as present and future management of the Solid Waste Management Program.
Source control- The construction or installation and start-up of actions necessary to prevent the
continued release of hazardous substances or pollutants or contaminants (primarily from a source on
top of or within the ground, or in buildings or other structures) into the environment.
Special waste- Solid waste that is not a Hazardous Waste as defined herein and is:
a) Solid waste that causes corrosion or decay or otherwise reduces or impairs the integrity of
containment structures or storage container
b) Solid waste that, if mixed or commingled with other solid waste, produces violent reaction,
heat, pressure, fire or explosion, toxic by-products, reaction products, or otherwise poses a
threat to the health and safety of solid waste workers, handlers and/or transporters, that
require a higher level of containment, is a hazardous material, or impairs the integrity of
containment features;
FSST INTEGRATED SOLID WASTE MANAGEMENT
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c) Solid waste that otherwise requires specific storage, management, transportation, or
disposal requirements to protect public health or the environment; or
d) Solid waste that is prohibited from disposal at available solid waste disposal facilities.
Such waste can be designated by the DNR as a Special Waste and may require special storage,
management, transportation, or handling.
Storage- The confining, containing, holding, or stockpiling of solid waste for a limited period prior to
collection, treatment, transportation, utilization, processing, recovery, or final disposal.
Surface impoundment- A human-made excavation, diked area, or natural topographic depression
designed to hold an accumulation of solid waste which is liquid, liquid bearing, or sludge for
containment, treatment, or disposal. Examples of surface impoundments are holding, storage, settling,
and aeration pits, ponds, and lagoons.
Tank- A stationary device, designed to contain an accumulation of waste which is constructed primarily
of non-earthen materials (e.g., concrete, steel, or plastic) which provide structural support.
Transfer station- A temporary holding facility for solid waste for interim collection and transfer to a
landfill or other facility.
Transporter- Any person, contractor, or facility operator who transports solid waste to solid waste
facilities on or off the Reservation.
Treatment- Any method, technique, or process including neutralization designed to change the
physical, chemical or biological character or composition of a solid or hazardous waste or leachate to
neutralize or render such waste or leachate amendable for safe transport, amendable for safe recovery,
amendable for safe storage or disposal or reduced in volume. Such term includes any activity or
processing designed to change the physical form or chemical composition of hazardous waste to render
it non-hazardous. The term does not include resource recovery.
Used oil- Any oil that has been refined from crude oil, or any synthetic oil, that has been used and
because of such use is contaminated by physical or chemical impurities.
Vector- A living animal, insect or other anthropoid which transmits or can transmit an infectious disease
from one organism to another.
Waste pile- Any non-containerized accumulation of non-flowing solid waste.
White Good- Any household appliance, including but not limited to, refrigerators, freezers, stoves, and
ranges, cook top burners, air conditioners, washers, dryers, space heaters, swamp coolers, hot water
heaters and furnaces.
FSST INTEGRATED SOLID WASTE MANAGEMENT
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CHAPTER 8 - REFERENCES
Brookings Landfill (2025). Disposal fees and requirements at Brookings Landfill. Retrieved April 2025
from https://cityofbrookings-sd.gov/257/Fees.
Federal Emergency Management Agency. 2025. Disaster Declarations for States and Counties.
Retrieved April 2025 from: https://www.fema.gov/data-visualization/disaster-declarations-statesand-counties.
Flandreau, South Dakota: The heart of eastern South Dakota! Retrieved March 2025 from:
https://www.cityofflandreau.com/
Flandreau Santee Sioux Tribe. 2025. Retrieved March 2025 from: https://fsst-nsn.gov/
Hansen, Donald S. Water Resources of Lake and Moody Counties, South Dakota. U.S. Geological
Survey Water-Resources Investigations Report 84-4209. 1986. Retrieved March 2025 from:
https://pubs.usgs.gov/wri/1984/4209/report.pdf
Hansen, Donald S. Appraisal of the Water Resources of the Big Sioux River Aquifer, Moody County,
South Dakota. U.S. Geological Survey Water-Resources Investigations Report 87-4057. 1988.
Retrieved on March 2025 from: https://pubs.usgs.gov/wri/1987/4057/report.pdf
Hauling Agreement (2010): Solid Waste Hauling Agreement and Specifications for Solid Waste
Hauling Agreement between the Flandreau Santee Sioux Tribe and Contractor ENG Services.
National Oceanic and Atmospheric Administration (NOAA) Regional Climate Centers. 2025. AgACIS
for Moody County. Retrieved on March 2025 from: https://agacis.rcc-acis.org/?fips=46101
South Dakota State University (SDSU) 2025. Mesonet- Archives. Retrieved March 2025 from
https://climate.sdstate.edu/archive/.
South Dakota Department of Environment and Natural Resources. South Dakota Geology. Retrieved
on May 28, 2020 from: http://www.sdgs.usd.edu/geologyofsd/geosd.html
South Dakota Department of Public Safety. 2023. Emergency Services. Retrieved March 2025
from: https://dps.sd.gov/emergency-services
U.S. Census Bureau (2000, 2010, 2025). United States Census Bureau – Data & Maps – Tables &
Maps. Retrieved March 2025 from:
https://data.census.gov/table/ACSDP1Y2017.DP05?q=United+States&table=DP05&g=010XX00US&last
DisplayedRow=29&vintage=2017&layer=state&cid=DP05_0001E&tid=ACSDP1Y2017.DP05.
U.S. Census Bureau (2023). My Tribal Area – Flandreau Reservation. Retrieved March 2025 from:
https://www.census.gov/tribal/.
U.S. Census Bureau. 2024. Facts for Features: National Native American Heritage Month: November
2024. Retrieved March 2025 from https://www.census.gov/newsroom/facts-for-features/2024/aianmonth.html
U.S. Environmental Protection Agency (EPA). 2025. Developing Tribal Integrated Waste Management
FSST INTEGRATED SOLID WASTE MANAGEMENT
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Plans. Retrieved in April 2025 from:
https://www.epa.gov/tribal-lands/developing-tribal-integrated-waste-management-plans
U.S. Environmental Protection Agency (EPA). 2024. Ecoregion Download Files by State – Region 8.
Retrieved March 2025 from: https://www.epa.gov/eco-research/ecoregion-download-files-region.
U.S. Geological Survey. 1998. Ecoregion of North and South Dakota. Retrieved March 2025 from
https://store.usgs.gov/product/21629.
Personal Communication:
Flandreau Santee Sioux Tribe. 2025. Historical and present information on the Tribe and Tribe’s Solid
Waste activities obtained from staff at the Natural Resources Department including Mark Allen (FSST
General Assistance Program Manager), Elizabeth Wakeman (FSST Brownfields Director) and
Terrance Elder (FSST 106/319 Water Quality Specialist).
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APPENDIX A - PERMIT APPLICATION
APPENDIX B – TITLE 16 ENFORCEMENT FLOWCHART
APPENDIX C - PERMIT FEE’S & FINE AMOUNTS
APPENDIX D - WASTE HAULING AGREEMENT WITH
ENG SERVICES
FSST TITLE 16:
SOLID WASTE AND
HAZARDOUS WASTE
MANAGEMENT
ORDINANCE
TITLE 16
SOLID WASTE AND HAZARDOUS WASTE MANAGEMENT ORDINANCE
TABLE OF CONTENTS
CHAPTER 1. PRELIMINARY PROVISIONS ............................................................................ 3
Section 16-1-1. Purpose and Scope. .......................................................................................... 3
Section 16-1-2. Authority, Jurisdiction and Applicability. ........................................................ 4
Section 16-1-3. Organization and Duties. .................................................................................. 5
Section 16-1-4. Integrated Solid Waste Management Plan (Integrated Plan). .......................... 7
Section 16-1-5. Definitions. ....................................................................................................... 8
CHAPTER 2. SOLID WASTE MANAGEMENT AND PROHIBITED ACTIVITIES. ........... 10
Section 16-2-1. Solid Waste Management Policy. .................................................................. 10
Section 16-2-2. Unauthorized or Prohibited Activities............................................................ 10
CHAPTER 3. SPECIAL AND INDUSTRIAL WASTES MANAGEMENT............................. 12
Section 16-3-1. Designation of Special and Industrial Wastes. ............................................... 12
Section 16-3-2. Management of Special and Industrial Wastes. ............................................. 12
Section 16-3-3. Types of Special and industrial Waste and Management Requirements. ...... 12
CHAPTER 4. HAZARDOUS WASTE AND BROWNFIELDS MANAGEMENT. ................. 17
Section 16-4-1. Hazardous Waste Disposal. ............................................................................ 17
Section 16-4-2. Hazardous Waste Management and Treatment Requirements. ..................... 17
Section 16-4-3. Tribal Hazardous Waste Standards. ............................................................... 17
Section 16-4-4. Types of Hazardous Waste. ............................................................................ 17
Section 16-4-5. Brownfields Tribal Response Program (“Brownfields Program”). ............... 18
Section 16-4-6. Remedial Actions by the Brownfields Program in Circumstances Posing an
Imminent Threat........................................................................................................................ 18
Section 16-4-7. Remedial Actions by the Brownfields Program for Failure to Perform ........ 18
Section 16-4-8. Liability of Owners, Operators and Other Persons. ....................................... 19
Section 16-4-9. Recovery of Expenditure of Tribal Funds. ..................................................... 19
Section 16-4-10. Remedial Action and Enforcement Orders .................................................. 19
Section 16-4-11. Accidental Release or Spill. ......................................................................... 20
Section 16-4-12. Remediation Standards................................................................................. 21
Section 16-4-13. Public Participation. ..................................................................................... 23
Section 16-4-14. Public Record. .............................................................................................. 24
Section 16-4-15. Verification and Documentation of Completion. ......................................... 24
Section 16-4-16. Certification of Completion. ........................................................................ 25
Page 1 of 44
Section 16-4-17. Covenant not to Sue. .................................................................................... 27
Section 16-4-18. No Further Action Letter (“NFA”)............................................................... 27
Section 16-4-19. Institutional Controls. ................................................................................... 27
Section 16-4-20. Re-openings or Terminations of Agreements. ............................................. 29
Section 16-4-21. Disputes and Appeals. .................................................................................. 30
Section 16-4-22. Remediation Fees Assessment. .................................................................... 30
CHAPTER 5. WASTE STORAGE, COLLECTION, TRANSFER AND TRANSPORTATION.
....................................................................................................................................................... 31
Section 16-5-1. Waste Storage. ................................................................................................ 31
Section 16-5-2. Waste Containers and Receptacles. ................................................................ 31
Section 16-5-3. Solid Waste Collection Services and Practices. ............................................. 32
Section 16-5-4. Waste Transportation. .................................................................................... 33
CHAPTER 6. GENERAL SOLID WASTE MANAGEMENT REQUIREMENTS, PERMITS,
AND FEES.................................................................................................................................... 34
Section 16-6-1. Commercial Waste Management. .................................................................. 34
Section 16-6-2. Waste Management Permits. .......................................................................... 34
Section 16-6-3. Waste Management Permit Fees. ................................................................... 34
Section 16-6-4. Prime Contractor Waste Management Permit Fee. ........................................ 35
Section 16-6-5. Non-payment of Permit Fees.......................................................................... 35
Section 16-6-6. Revenues from Permit Fees............................................................................ 35
Section 16-6-7. Emergency Permits. ....................................................................................... 35
Section 16-6-8. Waste Management Siting. ............................................................................ 35
Section 16-6-9. Perpetual Responsibility for Solid Waste and Liability for Pollution............ 35
CHAPTER 7. COMPLIANCE AND ENFORCEMENT. ........................................................... 37
Section 16-7-1. Authority, Duties and Responsibilities........................................................... 37
Section 16-7-2. Enforcement Actions. ..................................................................................... 38
Section 16-7-3. Civil Fines and Penalties. ............................................................................... 40
Section 16-7-4. Alternate or Other Civil Penalties or Remedies. ............................................ 41
Section 16-7-5. Removal of Improperly Disposed Solid Waste. ............................................. 42
Section 16-7-6. Civil Damages. ............................................................................................... 42
Section 16-7-7. Payment and Disposition of Civil Fines......................................................... 42
Section 16-7-8. Liability of Person(s) for Remedial Costs. ..................................................... 43
Section 16-7-9. Criminal Enforcement. ................................................................................... 43
LEGISLATIVE HISTORY .......................................................................................................... 44
Page 2 of 44
CHAPTER 1. PRELIMINARY PROVISIONS
Section 16-1-1. Purpose and Scope.
(a) Name of Title. This Title will be known and may be cited as Volume V, Title 16 of the
Flandreau Santee Sioux Tribal Law and Order Title and the Flandreau Santee Sioux Tribe
(FSST) Solid and Hazardous Waste Management Title (FSST-SHWMT).
(b) Purpose. To provide, within the jurisdiction of the Flandreau Santee Sioux Reservation
and other lands within the Tribe’s jurisdiction, for the establishment of a comprehensive
solid and hazardous waste management program to protect the health, safety, and wellbeing of residents; to regulate the storage, collection, transportation, disposal, treatment,
and management of solid and hazardous waste; to remediate any releases of a hazardous
substance pollutant or contaminant to protect the human health, public sanitation,
environment, and general aesthetics; and to inform and educate persons of the need to
participate fully in efforts to reduce the generation of solid and hazardous waste.
(c) Scope. This Title will apply to all individual persons, groups of individuals, households,
commercial businesses, manufacturing, construction, schools, governmental, and other
public facilities, and any persons engaged in the storage, collection, transfer, recycling,
disposal, and treatment of solid and hazardous waste on land within the Tribe’s
jurisdiction. This Title applies to any entity that does business, or has business on land
within the Tribe’s jurisdiction, including all oil and gas exploration and development, and
other types of mining and mineral extraction, processing, or other beneficiation activities.
(d) Prior Inconsistent Ordinances Repealed. Any and all ordinances of the FSST which
conflict in any way with the provisions of this Title are hereby repealed to the extent that
they are inconsistent with or conflict with, or are contrary to the spirit and/or purposes of
this Title. All prior ordinances and resolutions of the FSST Executive Committee
(Executive Committee) dealing with the same subject matter as this Title and Title are
repealed as of the effective date of this Title.
(e) Severability. If any provision of these Regulations or the application thereof to any
person or circumstances is held invalid, such invalidity will not affect any other
provisions or applications of these Regulations that can be given effect without the
invalid provision or application thereof, and to this end the provisions of these
Regulations are severable.
(f) Effective Date. This Title will be in full force and effect on the date of formal approval
and adoption by the Executive Committee and review as required by the Constitution and
will remain in effect until repealed or amended by the Executive Committee. Existing
facilities or persons subject to the permitting or other requirements of this Title will
comply with the requirements and deadlines for such existing facilities in this Title.
(g) Appropriations. Nothing in this Title will cause the FSST elected officials or the
Department of Natural Resources (DNR) Director to expend funds in excess of
appropriations or other available funds.
Page 3 of 44
Section 16-1-2. Authority, Jurisdiction and Applicability.
(a) Constitutional Authority. This Title is adopted pursuant to the authority vested in the
Executive Committee under the Constitution of the FSST. The FSST is a Federally
recognized Indian Tribe organized pursuant to the Indian Reorganization Act with a
Constitution and By-laws approved by the Secretary of Interior and Commissioner of
Indian Affairs. Article III, Section 1 of said Constitution and By-laws provides that the
governing body of the Tribe will be the Executive Committee and pursuant to Article
VIII, Section 1(f) of said revised Constitution and By-laws, the Executive Committee to
promulgate ordinances governing and regulating the conduct of all individuals on lands
subject to FSST jurisdiction. The FSST possesses the inherent sovereign authority to
enact this Title and no part of this Title constitutes a waiver of the sovereign immunity of
the Tribe.
(b) Jurisdiction. This Title will apply to all lands, air, surface water, and ground water within
the Tribe’s jurisdiction to the extent consistent with Federal law, including rights-of-way
running throughout the Reservation and other lands under the jurisdiction of FSST.
(c) Applicability. This Title will also be applicable to:
(1) Any person or company that has entered into a consensual agreement with the
Tribe or its members; or
(2) Any non-member where the conduct of the non-member threatens or has some
direct effect on the political integrity, economic security, health or welfare of the
Tribe or member; or
(3) Any member where the conduct of the member threatens or has some direct effect
on the political integrity, economic security, health or welfare of the Tribe or
member; and
(4) Any person subject to FSST Civil Actions pursuant to the FSST Law and Order
Title.
(d) Other Laws.
(1) Applicable Law and Regulations. Compliance with this Title and regulations
promulgated hereunder does not relieve a person of the obligation to comply with
other applicable laws and regulations. Where there is a gap in the Tribal law,
regulations or Titles, the Federal regulations cited in this Title will be
incorporated by reference, as determined applicable by the FSST or its designees.
If any part of a Federal law, Title or regulation cited or adopted by reference in
this Title is modified, any modifications are automatically incorporated by
reference and become part of this Title, and supersede any of the provisions that
were modified. The FSST reserves the right to be more stringent than the Federal
regulations or laws cited or adopted in this Title.
Page 4 of 44
(2) Citation or Use of Language from Other Laws. Citation to statutory or
administrative language, definitions, procedure, or provisions of Federal or State
law in this Title does not establish jurisdiction, which otherwise does not exist, in
such Federal or State government. Nothing in this Title may be deemed a waiver
of the FSST sovereign immunity, and if any Court of competent jurisdiction
construes this provision as conflicting with any other provision in this Title, then
this express retention of sovereign immunity will control and prevail.
(3) Consistency with Other Laws. This Title is intended to be consistent with the
minimum Federal requirements provided by Federal law to include, but not be
limited to, Clean Water Act; Safe Drinking Water Act; Resource Conservation
and Recovery Act; Clean Air Act; Toxic Substances Control Act; Federal
Insecticide, Fungicide, and Rodenticide Act; the Comprehensive Environmental
Response, Compensation and Liability Act; and the National Environmental
Policy Act.
Section 16-1-3. Organization and Duties.
(a) Executive Committee.
(1) Solid Waste Management. The Executive Committee will be responsible for the
DNR and the oversight of the FSST Solid Waste Management Program
(Program).
(2) Integrated Solid Waste Management Plan (Integrated Plan). Upon
recommendation of the DNR, the Executive Committee will commission and
approve an Integrated Plan to implement this Title. The Executive Committee
will review the Program and Plan on an annual basis and make amendments to the
plan, as needed.
(3) Grant of Franchises. Upon recommendation of the DNR, the Executive
Committee may grant and regulate franchises for the purpose of collection,
transfer and disposal of solid waste for those lands and facilities subject to the
jurisdiction of the FSST. Such franchises may be granted for a specific area or
facility(s). Such franchise may not be granted for a longer period than ten years.
(4) Agreements with other political subdivisions and persons. The Executive
Committee may enter into agreements with counties, municipalities, townships,
governmental agencies, private persons, trusts, or with any combination thereof to
provide a solid waste management services for all lands or facilities subject to
FSST jurisdiction or any portion thereof.
(5) Fees, Charges, and Permit Requirements. The Executive Committee may levy
and collect fees and charges and require permits, as recommended by the DNR
and Brownfields Program for the implementation, oversight, permitting,
compliance and enforcement of this Title. The fees, charges, and permits will be
based on a fee schedule set forth in a FSST Resolution and the Integrated Plan.
Page 5 of 44
All fees will be reviewed annually during the review of the Program and
Integrated Plan.
(6) Acceptance of funds for solid waste or recycling facility or system. The Executive
Committee may accept and disburse funds derived from grants from the Federal
or state governments, from private sources, from moneys that may be
appropriated from the general fund, or a combination thereof for the installation
and operation of a solid waste management system or facility, recycling facility,
or any portion of such a system or facility.
(7) More Restrictive Standards. The Executive Committee may by ordinance or
resolution adopt standards for the location, design, construction, and maintenance
of solid waste disposal sites and other waste management facilities more
restrictive than those in this Chapter, the Federal standards in the US Title of
Federal Regulations (CFR).
(b) Department of Natural Resources (DNR)
(1) Organization of the DNR. The DNR is led by a Director, or in the matters of solid
and hazardous waste, the Brownfields Program Director, as appointed by the
Executive Committee. The DNR and Brownfields Program will manage all
aspects of the Program, ensuring compliance and enforcement of this Title,
carrying out the directives of the Executive Committee, and preparing the annual
report. The Brownfields Program will make quarterly reports to DNR, the
Executive Committee, and the U.S. EPA on the status of the program.
(2) Assistance and Coordination. The DNR will assist and may receive assistance
from other Tribal departments or programs in the execution of their duties,
ensuring the compliance with this Title and in protection of the health, welfare
and environment of the residents of the FSST lands and members of the FSST.
The DNR will cooperate with state (as appropriate) and Federal agencies in the
development, implementation and maintenance of the Program activities, such as
permitting, inspection, compliance, enforcement, training, and regulatory
programs. The DNR may advise, consult, and cooperate with other agencies and
instrumentalities of the state, other states, and the Federal government and with
affected groups and industries in the implementation of solid waste disposal
programs.
(3) Power to administer grants and loans. Upon direction by the Executive
Committee, the DNR will administer such loans and grants from the Federal
government and from other sources as may be available to the program in
fulfillment of this Title and Chapter.
(4) Integrated Solid Waste Management Plan (Integrated Plan). The DNR will be
responsible for drafting, implementing and updating, as needed, the Integrated
Plan. The DNR will submit the draft Integrated Plan to the Land Committee and
Executive Committee for initial approval. Once approved, the DNR will provide
Page 6 of 44
the Land Committee and Executive Committee an annual report on the Program
and recommend amendments, as needed, to the Integrated Plan. The DNR may
engage other agencies or consultancies to assist in the preparation and updates of
the Integrated Plan.
(5) Solid Waste Training and Information. The DNR will collect, prepare, and
disseminate information and conduct educational and training programs that assist
in the implementation of this Title and Chapter. The work plan for training and
information dissemination will be outlined in the Integrated Plan, the annual
report will provide information on all the training and informational programs
conducted in fulfillment of the Program.
Section 16-1-4. Integrated Solid Waste Management Plan (Integrated Plan).
(a) Contents of Integrated Plan. The Integrated Plan is intended to guide current and future
waste management practices, evaluate priorities and options, and identify resources for
the Program. The Integrate Plan will include the following information:
(1) Introduction
(2) Community Service Area, including population, demographics, community
assets/resources, households, population projections, economy, climate,
geography, and geology and natural resources
(3) Solid Waste Management Program Structure and Administration
(4) Current and Proposed Waste Management Practices, including current waste
generators; amount and composition of waste; estimated future waste generation
growth; public awareness, training and information; unmanaged waste sites;
collection, transfer, disposal of solid, household, special and hazardous waste;
waste reduction and recycling practices; facilities; partnerships; and proposed
waste management practices
(5) Funding, Sustainability, and Long-Term Goals
(6) Approval of the Plan by the Executive Committee
(b) Approval of Plan. The Integrated Plan will be submitted to the Executive Committee by
the DNR for approval.
(c) Maintenance of Plan. The DNR will review, implement, and maintain the Integrated Plan.
The DNR will prepare an annual report to the Executive Committee, including
recommendations for amendments to the Integrated Plan, as needed.
Page 7 of 44
Section 16-1-5. Definitions.
As used in this Title, the words and terms below will have the following meanings (Note: the
singular includes the plural and vice versa and the masculine includes the feminine and vice
versa):
(a) Tribal Organizational Definitions.
(1) “Brownfield Program” means the FSST Brownfields Program provided for under
Section 128(a) of 42 U.S.C. § 9601 et seq. (CERCLA). The FSST Brownfields
Program mission is to empower Tribal community and other stakeholders in
environmental protection working together in a timely manner to educate,
prevent, assess, safely cleanup and safely reuse brownfields. This program
includes the Tribal Response Program.
(2) “Department of Natural Resources” (DNR) means the Department responsible to
provide and ensure the proper management of all Tribal lands held in trust by the
United State Government. Through optimal resource management improve the
overall conditions and values of Tribal lands, whereby increasing the economic
and general welfare of all Tribal people. This DNR ensures that Tribal lands held
in trust are protected from waste and degradation, and environmental hazards. In
fulfillment of these responsibilities, the DNR manages the Solid Waste
Management Program or Program.
(3) “Executive Committee” means the Executive Committee of the Flandreau Santee
Sioux Tribe.
(4) “FSST” means the Flandreau Santee Sioux Tribe including any department or
agency thereof, or any business entity owned and operated by the FSST.
(5) “General Assistance Program (GAP)” means the Environmental Protection
Agency GAP, which has enabled Tribes to achieve significant progress in
establishing their environmental programs and have facilitated productive
government-to-government partnerships for Tribes and EPA, including the
establishment of baseline technical, administrative, and legal capacity for Tribal
environmental protection programs that respond to environmental issues affecting
Tribal lands.
(6) “Responsible authority” means the Director of a Tribal program or department
with authorities and responsibilities as delineated in this Title or the Executive
Committee.
(7) “Reservation” means the lands subject to the jurisdiction of the Flandreau Santee
Sioux Tribe.
(8) “Solid Waste Management Program (Program)” is a program within the DNR. It
is the Program responsible to provide and ensure the proper management of all
solid waste, including the collection, storage, and disposal of solid waste. It is
Page 8 of 44
responsible for providing technical support and recommendations to the DNR
Director, that is consistent with the requirements of this Title and the Integrated
Plan.
(9) “Tribal Response Program” means the FSST Program office responsible for the
investigation and remediation of a release, or threat of release, of a hazardous
substance, pollutant or contaminant, including controlled substances, petroleum
products and mining materials as provided for in this Title, in coordination with
other Tribal programs and as provided for under Section 128(a) of 42 U.S.C. §
9601 et seq. (CERCLA). This program includes the Brownfields Program.
(10) “Tribe” means the Flandreau Santee Sioux Tribe.
(b) General Definition of Terms. All general terms used in this Title, unless the context
otherwise plainly requires, will be defined in the Integrated Plan.
Page 9 of 44
CHAPTER 2. SOLID WASTE MANAGEMENT AND PROHIBITED ACTIVITIES.
Section 16-2-1. Solid Waste Management Policy.
The protection of the health, safety, and welfare of the FSST members and other residents and
the protection of the environment require the safe and sanitary disposal of solid waste. An
effective and efficient solid waste disposal program protects the environment and the public and
provides the most practical and beneficial use of the material and energy values of solid waste.
While recognizing the continuing necessity for the existence of landfills, alternative methods of
managing solid waste and the reduction in the reliance upon land disposal of solid waste are
encouraged. To promote these goals, the following solid waste management hierarchy, in
descending order of preference, is established as the solid waste management policy of the
FSST:
(a) Volume reduction at the source.
(b) Recycling and reuse.
(c) Use for energy production, if appropriate.
(d) Disposal in landfills or combustion for volume reduction outside the exterior boundaries
of the reservation. No solid waste may be disposed of or combusted on lands subject to
the jurisdiction of the FSST.
In the implementation of this solid waste management policy, the FSST will establish and
maintain a cooperative Federal, state and local program to encourage comprehensive solid waste
management.
Section 16-2-2. Unauthorized or Prohibited Activities.
(a) Illegal or Open Waste Dumping. It is unlawful to dispose of solid waste in a manner
inconsistent with the provisions of this Title. No person may dump, deposit, drop, throw,
discard, leave, cause or allow such activities, leaving litter or waste upon any public or
private property or upon or into any river, lake, pond, or other stream or body of water
subject to the jurisdiction of the FSST. No person may transport by any means garbage or
refuse from any dwelling, residence, place of business, farm, or other site to and deposit
such material in, around, or on top of trash barrels or other receptacles placed at roadside
rest areas or recreation areas.
(b) Littering. Littering from a motor vehicle, or any other method of transportation, is
prohibited. No person may dump, deposit, drop, throw, discard, or otherwise dispose of
litter from any motor vehicle or any other method of transportation, upon any public
highway, upon any public or private property or upon or into any river, lake, pond,
stream, or body of water within the jurisdiction of the FSST except as permitted by law.
(c) Waste Burning. No person may burn solid waste without a Permit from the Program and
approved by the Executive Committee. The Permit will be consistent with the provision
of this Title.
Page 10 of 44
(d) Waste Accumulation. No person may allow litter to accumulate upon real property, of
which the person charged is the owner or tenant in control, in such a manner as to
constitute a public nuisance or in such a manner that the litter or waste may be blown or
otherwise carried by the natural elements onto the property of another person or the
FSST.
(e) Wrecked, Junked or Unserviceable Vehicles. No person or business may conduct,
maintain, or operate a motor vehicle wrecking or recycling facility, or junkyard, or store,
process or recycle inoperative or unused motor vehicles of a type required to be licensed,
or parts of such, without a Permit. Every person or business which processes or recycles
such inoperative or unused automobiles, trucks or other motor vehicles or parts will
obtain a business license from the FSST as required.
(1) Possession of unregistered or unserviceable vehicles at a single location in excess
of three (3) vehicles of a type required to be licensed is presumed to operate a
motor vehicle wrecking, recycling or salvage facility, requiring a Permit.
(2) No person may establish, operate, or maintain a motor vehicle storage, wrecking
or salvage facility, any portion of which is within one thousand (1,000) feet of the
nearest edge of the right-of-way of any interstate, state or U.S. highway, county,
BIA or Tribally maintained road, except:
i. Those that are screened by natural objects, planting, fences or other
appropriate means satisfactory to the Program, so as not to be visible from
the main traveled way of any such road; and
ii. Those that not visible from the main-traveled way of any such road.
(f) Unauthorized Waste Management Facilities. Unauthorized construction or operation of a
commercial waste management, storage, treatment or disposal site or facility is
prohibited.
(g) Unauthorized Waste from Outside the Reservation or Other FSST Lands. No person or
entity may dispose waste of any kind from outside the reservation on reservation lands or
other FSST lands.
(h) Misleading Representations. It will be a violation of this Title for any person to
knowingly omit material information or make any false statement or representation in any
label, record, report, or other document filed maintained or used for purposes or
application or compliance with this Title or permits issued there under.
Page 11 of 44
CHAPTER 3. SPECIAL AND INDUSTRIAL WASTES MANAGEMENT.
Section 16-3-1. Designation of Special and Industrial Wastes.
A specific type of solid waste may be designated as a Special or Industrial Waste by the
Executive Committee upon recommendation of the DNR and Brownfields Program. The Special
or Industrial Waste will be subject to the requirements of this Title, or other specific storage,
management or disposal requirements. Every person, commercial establishment, government
agency or facility or industrial facility who generates, treats, manages or stores Special or
Industrial Waste as described below within the lands subject to the jurisdiction of the FSST will
obtain applicable Permits and comply with this Title.
Section 16-3-2. Management of Special and Industrial Wastes.
The following Special and Industrial Wastes, that are not hazardous waste as defined in Chapter
4, will be managed as specified below and may be not stored, transferred, treated, disposed of or
discharged within the lands subject to the jurisdiction of the FSST except at a designated and
authorized transfer, treatment, storage or recycling facility specifically approved and permitted
by the FSST. No Special or Industrial Wastes may be disposed of on lands subject to the
jurisdiction of the FSST.
All Permits will be approved by the Executive Committee upon recommendation of DNR and
will be required for Special and Industrial Waste collection, transportation, management or
storage, whether the activity is a Tribal, personal or commercial enterprise.
Section 16-3-3. Types of Special and industrial Waste and Management Requirements.
(a) Septic Tank Pumping’s and Sewage Sludge. Such waste and other sanitary wastes are
designated as a special waste. A Permit is required for the commercial management,
transportation and disposal of such wastes.
(b) Used or Waste Oil. Used or waste motor or lubrication oil is designated as a special waste
and must be collected or transported for disposal to any solid waste collection, transfer or
storage unit or facility that is in full compliance with 40 CFR Part 279 and this Title. A
Permit is required for intermediate storage and recycling of these materials and all such
materials are appropriately segregated for recycling.
(c) Major Appliances. When discarded or deemed a waste, appliances (also known as “white
goods”) such as stoves, dish washers, refrigerators, washing machines, clothes dryers,
water heaters, are designated as Special Wastes. The owner or resident of a residential
property is responsible for proper storage or disposal of such item(s) as required under
this Title. A Permit is required for the commercial collection, transportation, and
disposal of Major Appliances Special Wastes. Refrigeration or air conditioning units
must have the refrigerant (i.e. Freon) removed by a certified technician in conformance
with applicable U.S. EPA and state regulations prior to or recycling. A Permit is required
for the temporary storage, including segregation for recycling, of such wastes. All
activities concerning such waste must be in compliance with the Title.
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(d) Lead-acid batteries. When discarded or deemed a waste, such batteries are designated as
a Special Waste. Disposal of lead acid batteries on land subject to the jurisdiction of the
FSST is prohibited. Batteries must be recycled in accordance with this Title or disposed
of by delivery to an automotive battery retailer or wholesaler, or to a collection or
recycling facility authorized under this Title or the State of South Dakota. A Permit is
required for an automotive battery retailer or wholesaler to manage the waste batteries
within lands subject to the jurisdiction of the FSST. An automotive battery retailer may
not dispose of a used lead acid battery except by delivery to the agent of a battery
wholesaler, to a battery manufacturer, to a collection or recycling facility authorized
under this Title or the laws of the State of South Dakota, or to a secondary lead smelter
permitted by the U.S. Environmental Protection Agency. Each battery improperly
disposed of will constitute a separate violation.
A person selling lead acid batteries at wholesale, retail or offering lead acid batteries for
retail sale within lands subject to the jurisdiction of the FSST will:
(1) Apply for and successfully obtain a permit from the Executive Committee, upon
recommendation of the DNR; and
(2) Accept, at the point of transfer, in a quantity at least equal to the number of new
batteries purchased per year, used lead acid batteries from customers, if offered by
customers; and
(3) Post written notice which will be at least eight and one-half (8 1/2) inches by
eleven (11) inches in size and will contain the universal recycling symbol and the
following language:
i. “It is illegal to discard a motor vehicle battery or other lead acid battery”;
ii. “Recycle your used batteries”; and
iii. “Tribal Laws require us to accept used motor vehicle batteries or other
lead acid batteries for recycling in exchange for new batteries purchased.”
(4) Failure to post the required notice will be a violation of this Title.
(5) Any person accepting batteries in transfer from an automotive battery retailer will
be allowed a period not to exceed one hundred twenty (120) days to remove
batteries from the retail point of collection.
(e) Infectious institutional wastes, medical wastes, laboratory wastes and surgical operating
room pathological specimens and disposal fomites. Such wastes are designated as Special
Waste. Disposal of such wastes on land subject to the jurisdiction of the FSST is
prohibited. A Permit must be obtained to handle such waste. These Special Wastes may
be generated by a medical service provider, any authorized health professional,
emergency rooms, or mortuary service provider. This Special Waste must be bagged in
Bio/Medical Waste bags or containers obtained from the Indian Health Service, other
authorized medical provider, or FSST that are clearly marked with the appropriate
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symbols and warnings. Regulated infectious waste may not be subject to mechanical
stress or compaction during loading, unloading, and transit.
(f) Farm and Ranch Wastes, including Pesticide and Herbicide Wastes. No provision of this
Title may be construed so as to prohibit a farmer or rancher from disposing of solid waste
from normal farming operations or ordinary domestic activities upon his own land,
provided such disposal does not create a nuisance or a hazard to public health, does not
violate a local ordinance, will not unlawfully pollute ground or surface waters or does not
violate the water or air pollution control laws of the United States.
Agricultural waste and products will be managed and stored as to minimize nuisance,
flies, rodents and odor, and will not result in the contamination of ground or surface
water sources. Such wastes that create a public nuisance or threaten the quality of ground
or surface waters may be designated as a Special Waste by the DNR and may require a
Permit.
Surplus agricultural pesticides or herbicides and/or pesticide or herbicide containers
intended for disposal are designated as a Special Waste if not regulated as a hazardous
waste pursuant to this Title. Every person, commercial or industrial facility who handles
surplus agricultural pesticides or herbicides and/or pesticide or herbicide containers will:
(1) Comply with this Title and 40 CFR Part 262. Surplus pesticides or herbicides may
not be discarded within the exterior boundaries of the Reservation in any manner
which endangers humans, animals, and/or the environment. Pesticide and
herbicide containers must be drained or emptied according to label directions and
power or triple-rinsed before processing or disposal; or
(2) A farmer or rancher disposing of waste pesticides from his own use which are
hazardous wastes will triple rinse each emptied pesticide container in accordance
with 40 CFR 261.7(b)(3) and may dispose of the pesticide residues on his own
farm or ranch in a manner consistent with the disposal instructions on the
pesticide label in a manner that does not endanger human health or the
environment. The DNR may impose additional restrictions or requirements or
prohibit such disposal to protect human health and the natural resources and
environment of the lands subject to the jurisdiction of the FSST.
(g) Dead Animals. Dead animals, to include livestock are designated as a Special Waste. A
Permit is required to dispose of more than 10 head at one time. Such waste must be
removed in a timely manner and be managed by renderers, disposed of at an authorized
or permitted solid waste landfill or at an alternative location designated by the DNR AND
BROWNFIELDS PROGRAM Director. Small pets will be buried or taken to an FSST
approved transfer or disposal site. During an emergency, potentially large numbers of
livestock may need to be managed as rapidly and as efficiently as possible. The FSST
may issue an emergency Permit in coordination with and at the recommendation of the
Program or DNR, for one-time disposal events based on various practical factors during
emergency conditions. The FSST and other local, state and Federal agencies will work
together with livestock owners to accomplish the efficient and environmentally sound
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disposal of animal carcasses and related materials to minimize impacts to human and
animal health and to water sources. Disposal under emergency Permits must be restricted
to dead animals and associated, generally inert waste, unless otherwise authorized.
(h) Used and Scrap Tires. Used or scrap tires are designated as a Special Waste. No such
tires may be disposed of at any location other than at a facility or site approved or
permitted under this Title or by the State of South Dakota. Tires may not be delivered to a
facility or location within the lands subject to the jurisdiction of the FSST that is not in
compliance with this Title or abandoned upon any street, alley, highway, public place or
private premises. Anyone hauling scrap tires to unapproved disposal sites (ravines,
coulees, dumps, gravel pits, tree rows, etc.) is in violation of this Title and subject to
enforcement action. If scrap tires are taken to a location which comes under enforcement
action, the transporter and/or the original generator(s) may also be liable for cleanup
costs.
(1) Individual persons may store outside up to a maximum of 4 tires for up to 90 days
for personal use on their own property or residence.
(2) Commercial businesses, public/Tribal agencies and tire dealers may store the
equivalent of a semi-truck load of whole or shredded scrap tires for transport to a
recycling or disposal facility must obtain a Permit for the management of used
and scrap tires. The Permit will address the location of temporary storage of tires,
transportation, and information about an end-user who will process, recycle
and/or dispose the materials in a manner that complies with the laws of the FSST.
(i) Abandoned Mobile Home or Trailer. Mobile homes or trailers that are an unsafe
structure, unfit for habitation, junked, partially dis-assembled, wrecked or non-operative
and which are abandoned or not inhabited for more than 180 days may be declared a
Special Waste by the DNR and must be managed accordingly and in full compliance with
this Title. The property owner will be provided a Warning Letter by the DNR to properly
repair, remove and/or dispose of the mobile home or trailer and any other applicable
Tribal, state or Federal regulations within 30 days of such declaration. Failure to comply
with this Warning Letter will result in further action by the Executive Committee. The
right to a hearing may be provided to the property owner to allow for repair of the mobile
home or trailer to make it safe and fit for habitation or to provide additional time to
dispose of the mobile home or trailer.
(j) Construction and Demolition Wastes. All construction or demolition wastes, and debris
are considered a Special Waste and must be properly disposed in an approved
Construction and Demolition Fill. A Permit must be obtained and the 1% fee on the gross
cost of the project must be paid by the private or commercial entity, conducting the
construction/demolition. Demolition of a structure over 100 square feet is subject to the
Permit requirements of this Title.
(k) Petroleum Contaminated Soils. Such wastes are considered Special Wastes. Petroleumcontaminated soils include wastes from petroleum operations, such as above or below
ground storage tanks, saltwater, crude oil, waste oil, or other oil or gas field exploration
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or production or liquid wastes may not be disposed of on lands subject to the jurisdiction
of the FSST. Any individual or commercial entity removing petroleum-contaminated
soils must obtain a Permit. All such wastes must be disposed in a solid waste
management facility which accepts petroleum-contaminated soils, to include soils from
removal of underground storage tanks, above ground or underground storage tanks or
related piping or systems leakage or spills, or oil and gas exploration or production
facilities for storage prior to treatment or disposal are subject to the requirements of this
Title.
(l) Misleading Representations. It will be a violation of this Title for any person to
knowingly omit material information or make any false statement or representation in any
label, record, report, or other document filed maintained or used for purposes or
application or compliance with this Title or permits issued there under.
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CHAPTER 4. HAZARDOUS WASTE AND BROWNFIELDS MANAGEMENT.
Section 16-4-1. Hazardous Waste Disposal.
No hazardous waste disposal will be conducted within lands subject to the jurisdiction of the
FSST.
Section 16-4-2. Hazardous Waste Management and Treatment Requirements.
All hazardous waste, as defined in this Title, and not excluded from regulation as a hazardous
waste under 40 CFR § 261.4(b) and that exhibits any of the characteristics of hazardous waste
identified in 40 CFR Part 261 Subpart C to include: ignitability; corrosivity; reactivity; or
toxicity; or is listed in 40 CFR Part 261 Subpart D; and has not been excluded from the lists in
Subpart D under 40 CFR §§260.20 and 260.22 will be generated, managed, stored, treated or
transported in compliance with this Title and 40 CFR Parts 262 thru 273.
Section 16-4-3. Tribal Hazardous Waste Standards.
The FSST reserves the right to be more stringent than the Federal regulations cited above to
include any Federal statutory or regulatory exemptions from the above regulations.
Section 16-4-4. Types of Hazardous Waste.
(a) Asbestos and Asbestos Containing Materials. Asbestos and asbestos-containing materials
are considered a Special Waste. Handling of regulated asbestos-containing material must
be performed by certified asbestos personnel, as certified by the State of South Dakota.
No disposal of asbestos and asbestos containing materials is allowed on lands subject to
the jurisdiction of the FSST. A Permit must be obtained and the 1% fee on the gross cost
of the project and must be paid by the commercial entity contracted for the removal,
transportation and disposal of asbestos and asbestos containing materials, conducted in
compliance with the applicable requirements of this Title, the Clean Air Act (42 U.S. C.
§§ 7401-7671) and U.S. EPA guidelines.
Asbestos disposal must be coordinated with the landfill approved to receive asbestos and
asbestos containing materials. Friable asbestos-containing material must be disposed into
landfills that have agreed to accept the material and have appropriate facilities,
procedures, equipment and training for managing such waste. Prior to shipping, friable
asbestos-containing material must be wetted. Friable asbestos-containing material must
be placed in leak-tight containers and be properly labeled.
(b) Coal Combustion Ash or Fly Ash. Large quantities (over nine (9) cubic feet) of wastes
generated primarily from the combustion of coal or other fossil fuels is considered a
Special Waste. A Permit will be required to store, treat, dispose, or used for
solidification or other treatment processes on lands subject to the jurisdiction of the
FSST. This Special Waste designation will also include Cement Kiln Dust.
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(c) Radioactive Wastes or Technically Enhanced Naturally Occurring Radioactive Materials
(TENORM). Wastes that are or contain radioactive materials or are Technically
Enhanced Naturally Occurring Radioactive Materials (TENORM) at concentrations
greater than 185 becquerel per kilogram (5 pico-Curies/gram or pCi/g) may not be
dumped, spilled, leaked, burned or otherwise stored or disposed of within the lands
subject to the jurisdiction of the FSST. TENORM includes naturally occurring
radioactive material whose radionuclide concentrations are increased by or as a result of
past or present human practices. TENORM does not include background radiation or the
natural radioactivity of rocks or soils. TENORM does not include "source material" and
"byproduct material" as both are defined in the Atomic Energy Act of 1954, as amended
(AEA 42 USC §2011et seq.) and relevant regulations implemented by the NRC. Such
wastes will be collected and/or transported for disposal off lands subject to the
jurisdiction of the FSST. All radioactivity levels will be measured using methods and
procedures approved by the DNR.
Section 16-4-5. Brownfields Tribal Response Program (“Brownfields Program”).
The Brownfields Program is part of the DNR and as such, may investigate, assess, respond and
remediate or require a responsible party to investigate, assess or remediate; a release, or threat of
release, of a hazardous waste, substance, pollutant, contaminant, petroleum product, controlled
substance or mining or oil and gas exploration or production activity materials that may pose a
threat to public health, welfare or the environment. This may include the verification of the
performance and results of a response or remedial action and the certification of the results or
completion of such action.
Section 16-4-6. Remedial Actions by the Brownfields Program in Circumstances Posing an
Imminent Threat.
If a release of a hazardous substance, pollutant or contaminant result from the management,
handling, treatment, storage, transportation or disposal of a solid, special or hazardous waste,
hazardous material, petroleum product, controlled substance or from mining or oil and gas
exploration or production activity poses an imminent threat to life or public health, the
Brownfields Program may:
(a) Perform such activities as are necessary to address the threat in cooperation with any
other Tribal, state, or Federal department agency;
(b) Conduct inspections and investigations as provided for in this Title; and
(c) Expend any available funds to perform any assessment, cleanup, abatement, and/or
remedial activities required to mitigate the threat, subject to the approval of the Executive
Committee.
Section 16-4-7. Remedial Actions by the Brownfields Program for Failure to Perform.
Remedial action may be taken by the Brownfields Program in the absence of, or in addition to,
assessment, cleanup, abatement, or remedial activities by the site owner, operator or other
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persons in cooperation with any other Tribal, state, or Federal department or agency in the event
that the activities subject to a Tribal Order or Voluntary Remediation Agreement are not
satisfactorily performed or completed or where the Brownfields Program must take prompt
action to prevent hazards to human health or the environment at a site where a responsible party,
or other appropriate state or Federal authority, fails to act promptly.
Section 16-4-8. Liability of Owners, Operators and Other Persons.
Whenever the Brownfields Program determines that the operation of a solid waste management
facility or the collection or transportation of solid waste is causing or threatening to cause a
release of a hazardous substance, contaminant or pollutant or a condition of hazard, pollution, or
nuisance due to the migration of hazardous or solid waste, or for any other reason, the
Brownfields Program may require the operator of the solid waste facility or the solid waste
transporter to take corrective action necessary to abate any hazard, pollution, or nuisance or to
protect public health and safety and the environment. The owner or operator of the property or
business may be held liable for all damages and costs associated with the assessment,
investigation, cleanup, abatement, or remedial actions caused by such release or threat or release.
Section 16-4-9. Recovery of Expenditure of Tribal Funds.
In any case under this Section where the Brownfields Program expends funds to investigate,
assess, remediate, conduct oversight or contain contamination resulting from a spill or a release,
and where the Brownfields Program has identified a responsible party, the responsible party will
reimburse the Brownfields Program. If a release of a hazardous substance, pollutant or
contaminant is assessed, remediated, the effects thereof abated, or other necessary remedial
action is taken by the Brownfields Program as described above, the person or persons who
committed or allowed the improper disposal, action or release will be liable to Brownfields
Program for the reasonable costs actually incurred in cleaning up any solid or special waste,
hazardous waste or hazardous material, abating the effects thereof, monitoring , implementing
engineering controls or taking other remedial action. The amount of such costs will be
recoverable in a civil action in Tribal Court, together with the costs of suit incurred by FSST in
recovering such monies. A judgment ordering the payment of these costs to FSST may bear
interest.
Funds generated as a result of enforcement proceedings will be used to carry out environmental
education in classrooms, Tribal programs, and local agencies on FSST. Educational materials
may include information on reuse, reduce, recycle and requirements for the management and
disposal of solid and hazardous waste. Materials may also include information on the
Brownfields Program. Funds may be used to retain additional training by attending
meetings/trainings directly related to Brownfields, Solid, and Hazardous Waste Management.
Section 16-4-10. Remedial Action and Enforcement Orders.
Whenever the Brownfields Program determines that a person or responsible party is causing, has
caused or is threatening to cause a condition of hazard, pollution, or nuisance due to the release
or migration of a hazardous substance, pollutant or contaminant the Executive Committee upon
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recommendation of the DNR and Brownfields Program may issue an Order, pursuant to this
Title and Chapter, to take emergency action, cease or desist and/or require the person or
responsible party to take corrective or remedial action necessary to abate any hazard, pollution,
or nuisance or to protect public health and safety and the environment. Any person will, upon
such order, cease and desist any improper action, remediate a release of a hazardous substance,
pollutant or contaminant, abate the effects thereof, and take any other remedial action directed by
the Brownfields Program pursuant to this Section.
Section 16-4-11. Accidental Release or Spill.
In the event of an accidental release or spill of a hazardous substance, pollutant or contaminant to
the air, land or waters or groundwater of the Reservation resulting in a potential threat to the
public health, welfare or the environment within the lands subject to the jurisdiction of the FSST
the persons causing the release or the originating facility's or vehicle’s owner or operator must
implement the requirements of this Section to include:
(a) Timely and Appropriate Action. The persons causing the release or the originating
facility or vehicle owner or operator must take timely and appropriate action to include
notification of appropriate officials and government agencies as specified below. Failure
to take timely and appropriate action, as directed by this Section and the Brownfields
Program may result in enforcement action pursuant to this Title and other Tribal Laws or
Titles and/or referral to appropriate state or Federal agencies.
(b) Notification Requirements. Notification to the U.S. EPA is required where an accidental
spill or release of a hazardous substance, pollutant or contaminant has occurred within the
lands subject to the jurisdiction of the FSST; and
(1) The release poses a potential threat to the public health, welfare or the
environment; or
(2) The release exceeds 25 gallons or causes a sheen on surface water; or
(3) It exceeds any Tribal or Federal U.S EPA groundwater, surface water or drinking
water quality standards; or
(4) The release is required to be reported according to Superfund Amendments and
Reauthorization Act (SARA), Title III, § 304 (1986); or
(5) The Brownfields Program requires a notification of a release to be made.
(c) Responsibility to Notify of a Release. The owner or operator of a facility or a vehicle
believed to be the source of such a release of a hazardous substance, pollutant or
contaminant must notify the Brownfields Program, Tribal Police and appropriate Federal
authorities within twenty-four hours (24).
(d) Notification Information Required. All notifications and reports of an accidental release
or spill of any hazardous substance or pollutant will contain the following information, at
a minimum, to the best of the reporting person’s ability:
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(1) Name and telephone number of the reporting person;
(2) Name and address of the facility (or location of the spill or accident);
(3) Name of facility/vehicle owner contact if different than reporting person;
(4) Time and type of incident, for example spill, release, fire;
(5) Name, description and quantity of materials involved, to the extent known;
(6) The extent of any injuries, if known;
(7) The possible hazard to human health or the environment outside the facility or to
the nearby area;
(8) Description of actions taken to mitigate the release or spill; and
(9) Other authorities notified.
(e) Additional Reports. Subsequent to the initial report, the responsible person will
immediately notify the Brownfields Program of information that changes the accuracy of
the initial report. As directed by the Brownfields Program, the responsible person will
make additional reports verbally or in writing.
(f) Response Action Required. The owner or operator of a facility or a vehicle believed to be
the source of such a release or spill of a hazardous substance, pollutant or contaminant
must comply with the requirements of this Title and the Brownfields Program to address
the immediate and long-term impacts of the release or spill to include all necessary
containment, remediation, assessment of impacts and long-term monitoring.
Section 16-4-12. Remediation Standards.
Any voluntary or involuntary remedial action conducted by an owner, operator or responsible
party or a state or Federal government agency or by the Brownfields Program, will:
(a) Be protective of human health, safety and the environment. A remedy will be considered
to be protective of human health if it reduces risk to humans of acute and chronic toxic
exposures to contaminants to levels that do not pose a significant risk to human health. A
remedy will be considered to be protective of the environment if it adequately reduces
risk of significant adverse impacts to the ecology for which habitats have been identified
on or near the site. Remedies may meet this requirement through a combination of
removal, treatment, monitored natural attenuation, engineering or Tribal or Federal
institutional controls. Any site where a remedy is proposed that includes leaving
contamination above background or risk-based levels in place utilizing engineering or
Tribal or Federal institutional controls must also be approved by the Executive
Committee pursuant to this Title;
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(b) Attain Standards Established by the FSST. A remedy will attain standards established
under this Section for air, soil, water and ground water affected by the release, unless the
Brownfields Program sets an alternate standard. No standard set under this Section for a
contaminant will be set at a level or concentration lower than the background level for
that contaminant. A remedy must attain standards or alternate standards by the end of the
remediation period set forth in an Order or a Remediation Agreement. A remedy will be
considered to attain Tribal standards for air, soil water and ground water if it:
(1) Meets any applicable media standards established under Tribal or Federal act,
law, Title, rule or regulation; or
(2) Meets site-specific, risk-based standards approved by the Executive Committee
upon recommendation of the DNR and Brownfields Program for the eligible site
based on exposure factors. Exposure factors for hazardous substances, pollutants
or contaminants in groundwater will assume that groundwater may be used as a
drinking water source, provided that no standard set under this Section for a
contaminant will be set at a level or concentration lower than the background
level or concentration for that contaminant. For substances that may adversely
impact water quality, the exposure factors to be used by the Brownfields Program
will assume uses consistent with the class of use prior to contamination of the
groundwater. Exposure factors for soils may take into consideration current and
future land use.
(c) Maintain Source Control. The remedy will control any sources of releases so as to reduce
or eliminate, to the extent technically practicable, further releases as required to protect
human health and the environment. A remedy will be considered to control sources of
releases if it controls the release of contaminants from sources to any media in
concentrations that:
(1) exceed applicable standards set by the Executive Committee upon
recommendation of the DNR and Brownfields Program under this Section, or the
soil standards under this Section; and
(2) comply with any applicable Federal or Tribal standard for management of wastes
generated as a consequence of the remedy.
(d) Remedy Waste Management. A remedy will be considered to comply with applicable
standards for management of wastes if all wastes generated as a consequence of
implementation of the remedy are treated, stored or disposed of in compliance with the
requirements of this Title and any applicable state or Federal requirements.
(e) Remedy Selection. The Brownfields Program will choose a remedy, or combination of
remedies, from among those remedies that meet the requirements of this Section, as
applicable. In choosing a remedy, the Brownfields Program will consider:
(1) The extent to which the remedy will be reliable and effective for the long term.
For remedies that include engineering or Tribal institutional controls, the
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Brownfields Program will consider the expected life cycle performance of any
engineering controls, monitoring systems and institutional controls;
(2) The extent to which the remedy results in a reduction of toxicity, mobility or
volume of contaminants;
(3) The degree to which remedies incorporate treatment or removal of contaminants
to lower long-term risk to human health and the environment;
(4) The time required for each remedy to attain standards for air, soil, water and
ground water specified in this Section, as applicable. A remedy involving
monitored natural attenuation may be considered whether or not the Brownfields
Program has made a determination of technical impracticability. Monitored
natural attenuation will be deemed effective if there is clear and convincing
evidence that natural attenuation is occurring and will be completed within a
reasonable time period;
(5) Any adverse impacts which may be caused by a remedy, and will take into
consideration:
i. The gravity of any projected impact and the cost and availability of
measures to mitigate the impact;
ii. The extent and nature of contamination and practicable capabilities of
remedial technologies, and whether achieving standards is technically
impracticable;
iii. Reasonably anticipated future land uses or use restrictions in a Tribal
institutional control area;
iv. Consistency of remedies with the nature and complexities of releases of
contaminants;
v. Consistency of the remedies with cultural and traditional values of the
FSST; and
vi. Cost of the remedy to include capital, operation and maintenance,
engineering and institutional control costs and monitoring costs for the
anticipated life of the remedy.
Section 16-4-13. Public Participation.
For any FSST conducted or required Remedial Action the Brownfields Program will implement
a public participation plan. In implementing the plan, the Brownfields Program will consult with
and consider the public participation needs of interested parties, including but not limited to all
known adjacent property owners of record of land, responsible Tribal or Federal government
agencies and local public interest groups. The FSST residents will be notified thru public notice
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in appropriate locations and local publications of remedial actions planned and conducted under
this Section.
The Brownfields Program the Brownfields Program will provide an opportunity for a public
meeting on a planned Remedial Action and the meeting will be held if the Brownfields Program
finds sufficient public interest.
Section 16-4-14. Public Record.
The Brownfields Program will establish and maintain a Public Record of response actions
conducted by the Brownfields Program, or conducted by another party, or Tribal or government
agency, with oversight by the RP, that is updated at least annually. The contents are found in the
Integrated Solid Waste Management Plan. The Public Record will include, at a minimum:
(a) A record of sites at which response actions have been completed during the previous
calendar year, including the name and location of such sites;
(b) A record of sites at which response actions are planned to be conducted in the coming
calendar year;
(c) Upon completion of a response action, information of whether the site will be suitable for
unrestricted use or if institutional controls on the use of the site or property will be
implemented by the Brownfields Program or the FSST as part of the remedy;
(d) Other such information as deemed appropriate by the Brownfields Program; and
(e) The public will have access to all documents and related materials that the
owner/operator of a site or property and/or the Brownfields Program are relying upon to
make response action decisions or conduct the site activities to include the:
(1) Notification of a Release
(2) Spill Reports
(3) Assessment Report(s)
(4) Remedial Agreement or Action Plan and related documents
(5) Notification of Completion of a Response Action
(6) Certification of Completion of a Response Action; and
(7) Post Response Action/Monitoring Plan (if required).
Section 16-4-15. Verification and Documentation of Completion.
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The Brownfields Program may review any reports or documentation or conduct any necessary
site investigations, to include site sampling and analysis, to verify that the response or remedial
action has met the requirements and standards of this Title and the FSST. The Brownfields
Program may issue either of two (2) letters to a responsible party, person or government agency
to document that a response action is complete: A Certificate of Completion; or A No Further
Action (NFA) letter. Both assurances may give site owners, operators, prospective purchasers, or
other responsible party or government agency certainty about the extent of their remediation
liability. If a Certificate of Completion or No Further Action letter is issued the Brownfields
Program will record a notice of such action in the appropriate office of the FSST, the BIA and/or
the County with the deed or other official document(s) of record for the site or property and will
file such notice no later than ten (10) business days after the date of issuance.
(a) If a term or condition of any No Further Action letter, covenant not to sue, or Certificate
of Completion requires the maintenance of a bond or other evidence of financial
assurance, it will be the duty of any successor in property interest to maintain such bond
or financial assurance.
(b) No person or entity will change any engineering or institutional controls contained in a
Remediation Agreement, NFA letter or Certificate of Completion without the prior
written consent of the Executive Committee upon recommendation of the DNR and
Brownfields Program. Before a change may be made, the Brownfields Program will
review the contamination at the site and any new requirements will be incorporated into a
subsequent Remediation Agreement, NFA letter or Certificate of Completion. Upon
entry into a subsequent Remediation Agreement or Certificate of Completion or issuance
of a NFA letter, the Executive Committee upon recommendation of the DNR and
Brownfields Program will modify or terminate any prior Remediation Agreement, NFA
letter or Certificate of Completion.
Section 16-4-16. Certification of Completion.
Certificates of Completion must be requested from FSST in writing. A Certification of
Completion may be issued by the Brownfields Program for sites that have been remediated
according to the terms and conditions in an approved Voluntary Remediation Agreement, Order
or Permit. The Certification of Completion may state that, at the time the certificate is issued, all
remediation requirements necessary to protect human health and the environment have been
successfully completed and that Brownfields Program currently has no plans to further evaluate
the site or to impose additional remediation requirements. In addition, a Certificate of
Completion does not limit the DNR and Brownfields Program ability to undertake enforcement
actions or to impose penalties for violations of this Title.
(a) a Certificate of Completion does not relieve the responsible party from applicable Tribal,
state or Federal environmental permitting requirements;
(b) a Certificate of Completion may be issued for an entire site or for only a particular area
on a site, or a particular set of contaminants, or a particular environmental medium.
Partial Certificates of Completion will contain disclaimers explaining that the coverage of
the liability assurance is limited to the specific area, contaminants, or media addressed
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and that the DNR and Brownfields Program ability to require additional remediation is
not limited for other areas, contaminants, or media;
(c) if a Certificate of Completion is requested because the responsible party believes no
cleanup is necessary, information must be provided to the DNR and Brownfields
Program documenting that the site (or portion of a site) for which the certificate is
requested has been characterized in accordance with the site characterization performance
criteria in the Remediation Assessment Agreement and that contaminants of concern
either have not been released or are below required cleanup levels;
(d) The Brownfields Program may reopen a Certificate of Completion based on the
provisions in the certificate and/or:
(1) The site owner fails substantially to comply with the terms and conditions of the
certificate; or
(2) Contamination is discovered that was present on the site but was not known to the
owner/responsible party or the DNR and Brownfields Program on the date the
certificate was issued; or
(3) An imminent and substantial endangerment to human health or the environment is
discovered; or
(4) The Brownfields Program determines that the site remedy has failed to meet
remediation objectives; or
(5) The Brownfields Program determines that the certificate was based on fraud,
material misrepresentation, or failure to disclose material information.
(e) The Brownfields Program may issue a Conditional Certificate of Completion where:
(1) A monitored natural attenuation remedy is approved and DNR and Brownfields
Program determines that no exposure to contaminated media is reasonably
expected to occur during the period of monitored natural attenuation. The
Certificate of Completion will be conditioned on the volunteer’s continued
compliance with the monitoring requirements associated with the Remediation
Agreement, site uses not changing during the period of natural attenuation, and
confirmation sampling to show that cleanup levels are achieved when the period
of natural attenuation is complete;
(2) An alternative (i.e., restricted use) soil cleanup levels are approved in conjunction
with a use control area determination. In these circumstances, the certificate of
completion will be conditioned on continued compliance with the requirements of
the use control area; or
(3) A technical impracticability determination is made for cleanup of soil or water in
accordance with this Title, provided the volunteer achieves alternative cleanup
levels established by the Brownfields Program. The Certificate of Completion
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will be conditioned on the volunteer’s continued compliance with any controls on
land use to prevent human or environmental exposure to contaminated media.
Section 16-4-17. Covenant not to Sue.
Consistent with the re-openers and termination clauses in the Remediation Agreement, the
Brownfields Program may, upon request, provide the property owner or prospective purchaser a
covenant not to sue subject to the review and approval of the Executive Committee and legal
counsel. Any covenant not to sue will extend to subsequent owners.
Section 16-4-18. No Further Action Letter (“NFA”).
If the Brownfields Program determines that no further remediation is required on a property or
site; the DNR and Brownfields Program may, upon request, issue a No Further Action (NFA)
Letter to a responsible party, person or government agency and/or a prospective purchaser or
lessee to document that a response action is complete pursuant to this Title and any Tribal Order
or permit requiring such action, and that no further action may be required. The NFA letter may
provide site owners, operators, prospective purchasers, or other responsible party or government
agency certainty about the extent of their remediation liability. The letter may state that, at the
time the letter is issued, all remediation requirements necessary to protect human health and the
environment have been successfully completed and that Brownfields Program currently has no
plans to further evaluate the site or to impose additional remediation requirements. The DNR and
Brownfields Program may reopen a No Further Action determination at any time if an imminent
and substantial endangerment to human health or the environment is discovered; or the DNR and
Brownfields Program determines that the monitored natural attenuation remedy is not effective
in meeting the standards for a No Further Action letter under this Section. Special conditions
and/or re-openers may be included in the NFA letter when:
(a) The property or site requires engineering or institutional controls or other use restrictions
to meet the standards in this Section; or
(b) Monitored natural attenuation over a reasonable period of time is appropriate and that no
exposure to contaminated media is reasonably expected during the period of natural
attenuation. The No Further Action letter may require that the current use of the property
continue during the period of natural attenuation and also may require that testing be
conducted to confirm that standards are met.
Section 16-4-19. Institutional Controls.
An institutional control area or site to establish long-term restrictions or controls on the use of
the site or property may be created or modified by a resolution of the Executive Committee
and/or a responsible government agency in order to provide temporary or long-term protection of
public health and the environment. The DNR and Brownfields Program, an owner or lessee of a
site or property or a government agency responsible for a site or property or the Executive
Committee may propose long-term restrictions or controls on the use of a site or property.
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(a) Any affected party, the Brownfields Program or any appropriate governmental entity or
entities, as appropriate, may petition for the creation of such an institutional control area.
Such petitioner for creation or modification of an institutional control area will:
(1) Provide data, information, reports and any other information required in a
Remediation Assessment Agreement and/or Remediation Agreement under this
Section;
(2) Document written notice of the petition to all property owners of record of land
contiguous to the site; and
(3) Publish notice of the petition and a public meeting in a newspaper of general
circulation in the community in which the site is located. The notice will identify
the property, generally describe the petition and proposed use restrictions, direct
that comments may be submitted to the Executive Committee and any responsible
governmental entity or entities to whom the petition has been submitted, and
provide the date, time and place of a public meeting. The public meeting will be
held no sooner than thirty (30) days after the first publication of the notice.
(4) The Executive Committee will approve or deny such petition for an institutional
control area in accordance with applicable Tribal policies, rules, regulations and
procedures.
(5) The Executive Committee may condition its approval of the petition upon the
determination by the DNR and Brownfields Program that a remedy can be
selected that meets the requirements of this Section and is consistent with the
petition.
(6) Before a voluntary remediation, applicant and the DNR and Brownfields Program
may enter into a Remediation Agreement that includes long-term restrictions on
the use of a site or property, the owner or lessee of the site or property must obtain
an institutional control designation for the site as provided for in this Section.
(7) The restrictions in an institutional control area are enforceable by the Executive
Committee or the DNR and Brownfields Program Director by injunction,
mandamus or abatement, in addition to any other remedies provided by Tribal law
or Title.
(8) Institutional controls or use restrictions will run with the land and be binding upon
successors in land ownership and/or leases.
(9) A violation of any use restriction or institutional control will be deemed a
violation of this Title, and the DNR and Brownfields Program Director or
Executive Committee may bring any action for such violation against the owner
or lessee of the property or site for the violation at the time the violation occurs or
against the person who violates the use restriction or institutional control.
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(10) Nothing in this Section will contravene or limit the authority of any Tribal,
Federal, county, city or government agency to regulate and control the property
under their jurisdiction.
Section 16-4-20. Re-openings or Terminations of Agreements.
(a) Re-openings. The Executive Committee upon recommendation of the DNR and
Brownfields Program may reopen a Remediation Agreement, covenant not to sue, No
Further Action Letter or Certificate of Completion at any time if:
(1) The current owner fails substantially to comply with the terms and conditions of
the Remediation Agreement, covenant not to sue, No Further Action Letter or
Certificate of Completion;
(2) An imminent and substantial endangerment to human health or the environment is
discovered;
(3) Contamination is discovered that was present on the site but was not known to the
owner, responsible party or the DNR and Brownfields Program on the date of the
Remediation Agreement or when the Brownfields Program issued a covenant not
to sue, NFA letter or certificate of completion; or
(4) The remedy fails to meet the remediation objectives that are contained in the
Remediation Agreement, NFA letter or Certificate of Completion; or
(5) The monitored natural attenuation remedy is not effective in meeting the
standards under this section.
(b) Terminations. The Executive Committee upon recommendation of the DNR and
Brownfields Program may terminate a Remediation Agreement, covenant not to sue,
Certificate of Completion or No Further Action letter if:
(1) It is discovered that any of these instruments were based on fraud, material
misrepresentation or failure to disclose material information; or
(2) If a responsible party’s or property owner's willful violation of any use restriction
results in harmful exposures of any toxic contaminant to any user or occupant of
the site.
(c) Notice of Action. If a Remediation Agreement, covenant not to sue, Certificate of
Completion or No Further Action letter is reopened or terminated, the DNR and
Brownfields Program will record a notice of such action in the appropriate Tribal, BIA
and/or county office with the deed for the site or other appropriate official land document
and will file the notice no later than ten (10) business days after the date of the
Remediation Agreement, covenant not to sue, certificate of completion or no further
action letter is reopened or terminated.
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Section 16-4-21. Disputes and Appeals.
If a person and the Brownfields Program are unable after good faith efforts to resolve a dispute
arising under this Chapter pursuant to the provisions of an agreement, the person may request a
hearing to appeal the Brownfields Program’s decision to the Executive Committee. The
Executive Committee decision may be appealed to the Tribal Court. All hearings conducted
under this Section will be conducted pursuant to the FSST Law and Order Code and applicable
Administrative Procedures.
Section 16-4-22. Remediation Fees Assessment.
(a) The Executive Committee may implement a fee system and schedule of fees, subject to
the approval of the Executive Committee, which are applicable to the applicant for a
Remediation Assessment Agreement, Remediation Agreement, Certificates of
Completion or No Further Action letter authorized under this Section. Fees will cover all
reasonable direct and indirect costs of the Brownfields Program.
(b) The DNR and Brownfields Program will give written notice of the amount of the fee
assessment to the applicant.
(c) The applicant for the Remediation Assessment Agreements, Remediation Agreements,
Certificates of Completion and No Further Action letters authorized under this Section
may appeal the fee assessment to the Executive Committee within thirty (30) days of
receipt of the notice.
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CHAPTER 5. WASTE STORAGE, COLLECTION, TRANSFER AND
TRANSPORTATION.
Section 16-5-1. Waste Storage.
Solid waste will be deposited and stored in the following manner:
(a) There will be provisions for storage which will accommodate the volume of solid waste
anticipated which may be easily cleaned and maintained, and which will allow for
efficient, safe collection and prevent spillage and littering.
(b) All solid wastes (or materials which have been separated for the purpose of recycling)
will be stored in such a manner that they do not constitute a fire, health, or safety hazard
or provide food or harborage for vectors and will be contained or bundled so as not to
result in spillage.
(c) Solid waste will be stored in an approved waste collection service or FSST provided
container or in a manner that will confine the waste in one area, and not create a public
nuisance or attract vectors.
(d) Bulky rubbish such as tree trimming, newspaper, weeds and large cardboard boxes will
be handled as directed by the DNR.
(e) Storage of bulky wastes will include, but is not limited to, removing all doors from large
household appliances or storing or covering the item(s) to reduce the problems of an
attractive nuisance, and the accumulation of solid waste and water in the bulky items.
Section 16-5-2. Waste Containers and Receptacles.
(a) The owner, agent or occupant of every dwelling, business establishment or other
premises where refuse accumulates will provide a sufficient number of suitable and FSST
approved containers for receiving and storing of refuse and will keep all refuse therein or
use such containers provided by the Waste Collection Service. The owner, agent or
occupant of every dwelling, business establishment or other premises where refuse
accumulates, will be responsible for the safe and sanitary storage of all solid waste
accumulated at that premise until it is removed;
(b) Approved and provided containers will be maintained in a manner consistent with this
Title and acceptable to the DNR. Containers that are broken or otherwise fail to meet the
requirements of this Title will be replaced;
(c) Drop-box containers will be periodically disinfected and will be steam cleaned and
painted as deemed necessary by the DNR.
(d) Approved individual containers will be stored off the ground on racks or stands or in
designated locations and easily accessible for collection by the collection service or
authorized franchisees or representatives.
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(e) A property which is available to the public or for the transaction of business to include
commercially operated parks, campgrounds, drive-in restaurants, automobile service
stations, business parking lots, car washes, shopping centers, marinas, boat launching
areas, industrial parking lots, boat moorage and fueling stations, piers, beaches and
bathing areas, airports, roadside rest stops, drive-in movies, and shopping malls will
provide receptacles for wastes. This will also apply to property available to the public for
assemblage or recreation to include any property that is Tribally owned or operated.
(f) In order to assist the public in complying with this Chapter, the owner or person in
control of any property which is available to the public as a place for assemblage, the
transaction of business, recreation, or as a public way will cause to be placed and
maintained receptacles for the deposit of litter, of sufficient volume and in sufficient
numbers to contain the litter which can be expected to be generated by the numbers of
people customarily coming on or using the property. A receptacle will be maintained in a
manner to prevent overflow or spillage of litter from the receptacle.
(g) A temporary site or location may be designated by the FSST, the DNR or any of its
agencies or departments, for the collection of waste and placement of waste containers or
receptacles. Such a site will be used for less than 90 days and be:
(1) Located at a site or location that does not create a public health or safety hazard, a
public nuisance, or a fire hazard;
(2) Approved by proper Tribal officials;
(3) Managed by the responsible Tribal agency or department, or land owner/leasee,
who will remove and properly disposes of all waste when the emergency or
temporary situation no longer exists.
Section 16-5-3. Solid Waste Collection Services and Practices.
(a) Collection Service. All Tribal residents will be required to subscribe to a refuse
collection service or its Collection Service Provider, permitted by FSST, or Tribal
residents may take their own trash to an FSST designated and approved collection,
transfer or disposal site if available. A collection or disposal fee may be charged by the
FSST.
(b) Collection Schedules.
(1) The collection of solid waste will be on a timely basis but no less than once every
seven (7) days barring adverse weather conditions or other conditions or
equipment failure beyond the control of the collection service.
(2) All FSST operated solid waste collection or transfer sites will be open during days
and hours set by the DNR and will remain open on special occasions such as Pow
Wows, for disposal of waste, debris and refuse as allowed by this Title.
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(c) Collection Service Fees. All private service collection fees will be determined through an
open competitive bidding process, recommended by DNR, and approved by the
Executive Committee.
(d) Non-payment of Collection Fees. Non-payment of waste collection or transfer fees
resulting in a termination of waste collection services will be a violation of this Title and
may result in action being taken by the DNR. Action may include the discontinuation of
other utilities provided by the Tribe or other civil penalties.
(e) Collection Standards. Solid waste will be deposited, stored and collected in a manner
that prevents spillage and littering. Should spillage and/or littering occur, the waste will
be cleaned up by the responsible person(s) within 24 hours and returned to the vehicle,
appropriate facility or container. Property owners, lessees, residents and home owners
are the responsible party for releases, littering or spillage of solid waste from their
residence or property until such wastes are collected by the authorized collection service.
(f) Waste Rejection. The Collection Service Franchisee(s) reserves the right to refuse any
and all materials at the pick-up point, collection sites, transfer stations, or any other solid
waste facility based upon the characteristics of the waste or the generator’s failure to
properly screen the waste for hazardous or special waste as defined under this Title.
(g) Material Separation. The DNR and Brownfields Program or the Collection Service
Franchisee(s) reserves the right to require screening and separation of any waste materials
deemed necessary to identify and separate hazardous or special waste prior to collection
or acceptance at a solid waste management or transfer facility.
(h) Site Access. All Tribal, community or commercial solid waste collection sites must be
provided with an all-weather access road, suitable for travel by loaded vehicles; and must
be fenced with access provided only through one control entry point.
Section 16-5-4. Waste Transportation.
(a) Containment During Transport. All vehicles used for collection and transportation of
refuse, to include private vehicles, will be loaded and moved in such a manner that the
contents, including ashes, will not fall, leak or spill from vehicles. Open top vehicles or
vehicles with attached or towed open top containers will be covered with a tarp or other
covering while in transit on public roads to ensure load security and prevent the release of
any debris or liquids. Any releases, littering or spillage from such vehicles are the
responsibility of the vehicle owner or operator and the generator and must be cleaned up
within 24 hours of such release or spillage.
(b) Commercial Waste Haulers. Commercial vehicles used for the collection and
transportation of solid waste,
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