Chapter 7. Solid Waste Disposal

Chapter 7. Solid Waste Disposal

4.701 INTRODUCTION / PURPOSE

The Little Traverse Bay Bands of Odawa Indians recognizes that unsanitary, inefficient, and

inappropriate methods of disposal of solid waste have an adverse impact upon the environment

and the natural resources of the Little Traverse Bay Bands of Odawa Indians and its citizens, and

the promulgation of standards of solid waste disposal and recycling are in the best interests of the

Little Traverse Bay Bands of Odawa Indians people. Accordingly, the purposes of this Statute

are to promote the health, safety and welfare of the Little Traverse Bay Bands of Odawa Indians’

members and all others within LTBB’s jurisdiction through the establishment of standards

necessary to the sanitary and environmentally sound disposal of solid waste.

4.702 DEFINITIONS

A.

“Brush” means cut or broken branches.

B.

“Campfire” means small fire of not more than 3.5 ft. in diameter which has been

contained in a pit, or metal or masonry burner. Used for cooking, warmth, or recreation.

C.

“Collection Site” means any place designated by the Tribal Council or Natural Resource

Department as the site where solid waste may be presented for disposal including transfer

stations.

D.

“Collector” means any natural or legal person, that person’s employees and agents, who

gather solid waste from another person.

E.

“Commercial Grade Waste Wood” means any wood of commercial nature that has

been treated, stained, painted, tarred, shingled, or glued.

F.

“Garbage” means all putrescible (decayable) wastes, including animal and vegetable

matter, animal offal and carcasses and recognizable industrial by-products, but excluding sewage

and animal wastes.

G.

“Garbage Pits” means holes, pits and or depressions in the normal topography created

for the sole purpose of depositing and/or placing garbage and refuse as a means of disposal.

H.

“Hazardous Solid Waste” means any solid waste defined as hazardous by the

Environmental Protection Agency under the provisions of the Resource and Conservation Act of

1976, as amended, and includes but is not limited to, explosives, pathological wastes, pesticides,

chemicals, and other toxic materials, which are harmful to public health.

I.

“Non-recyclable Waste” means all solid waste not listed in Subsection (O) of this

section, excluding hazardous waste.

J.

“Open Burning” means any fire wherein the products of combustion are emitted directly

into the atmosphere and are not directed thereto through a stack or chimney, incinerator, or other

devices.

K.

“Open Dump” means the consolidation of solid waste from one or more sources at a

disposal site with unsanitary conditions, little or no cover, usually burning, and little or no

management.

L.

“Person” means any individual, firm, governmental unit, organization, partnership,

corporation, or company.

M.

“Putrescible” means solid waste capable of being decomposed by microorganisms with

sufficient rapidity as to cause nuisances from odors and gasses, such as kitchen wastes, food

scraps, offals and carcasses.

N.

“Radioactive Solid Waste” means any radioactive material.

O.

“Recyclable Waste” means glass containers, metal cans, jar lids, newspaper, magazines,

phone books, hard-cover books, cardboard, brown paper bags, office/writing paper, envelops,

file folders, plastics (HDPE and PET), aluminum cans, foil, batteries and motor oil.

P.

“Refuse” means all non-putrescible wastes.

Q.

“Solid Waste” means all garbage, refuse, rubbish, trash, and other discarded, solid

materials, including solid wastes materials resulting from industrial, commercial, and agricultural

operations, from community activities and individual people, but doses not include solid or

dissolved materials in domestic sewage or other significant pollutants in water resources, such

as silt, dissolved or suspended solids in industrial waste water effluent, dissolved materials in

irrigation return or other common pollutants.

R.

“Solid Waste Collector” means LTBB approved tribal or non-tribal entity responsible

for collecting, transporting, and properly disposing of solid waste.

S.

“Solid Waste Disposal” means the collection, storage, treatment, utilization, processing

or final disposal of solid waste.

T.

“Solid Waste Disposal Facility” means any land, personnel equipment, or resource

approved for and used in the disposal of solid waste.

U.

“Solid Waste Reduction” means reduction of waste at the source of generation, prior to

recycling.

V.

“Spoiled Food” means any food which has been removed from sale by the United States

Department of Agriculture.

W.

“Transfer Station” means any facility approved by the LTBB Tribal Council for the

purpose of collecting, transporting and disposing of solid wastes.

X.

“Tribal Health” means the Health Director and/or his authorized representative or

Department representatives.

Y.

“Tribe or LTBB” means the Little Traverse Bay Bands of Odawa Indians.

Z.

“Vector” means an insect or other animal, which transmits infectious diseases from one

person or animal to another.

AA. “Waste Wood” means any wood of commercial nature that has not been treated, stained,

painted, tarred, shingled, or glued.

BB. “Yard Waste” means any waste associated with common yard maintenance, such as

grass clippings, pulled weeds, leaves, twigs and branches.

(Source: WOS 2003-001, January 5, 2003, Section II)

4.703 APPLICABILITY

This Statute applies to all real property and persons under the jurisdiction of the Little Traverse

Bay Bands of Odawa Indians.

(Source: WOS 2003-001, January 5, 2003, Section III)

4.704 SOLID WASTE DISPOSAL

The following provisions shall apply to all solid waste disposal within LTBB Tribal jurisdiction.

A.

No person shall leave, deposit, and/or dump solid waste anywhere within LTBB’s

jurisdiction except at a collection site or tribally approved transfer station.

B.

No person shall store any solid waste on any properties or land within LTBB Tribal

jurisdiction except for in containers, which have been approved and accepted by the solid waste

collector.

C.

No person shall burn and/or incinerate any solid waste on any properties within LTBB

jurisdiction with the exception of those waste allowed for by permit (brush, yard waste and/or

waste wood). This shall include but not be limited to burn barrels, burn baskets, in ground pits,

garbage piles and the like.

D.

No person shall deposit solid waste from any stopped or moving vehicle on to state,

county, or tribal highways, roads, or right-of-ways, within LTBB Tribal jurisdiction.

E.

No person shall dispose of any commercial hazardous and/or nuclear waste within LTBB

jurisdiction.

F.

No person shall deposit solid waste at a collection site or transfer station except in a

manner approved by the solid waste collector.

G.

The owner and/or occupant of any premise, business establishment, or industry within

LTBB jurisdiction shall be responsible for the proper disposal of any solid waste produced by or

accumulated at said premise, business establishment, or industry.

(Source: WOS 2003-001, January 5, 2003, Section IV)

4.705 SOLID WASTE REDUCTION, REUSE AND RECYCLING

Solid waste reduction, reuse and recycling are the preferred methods of handling solid waste.

LTBB is and will continue to be committed to solid waste reduction, reuse and recycling.

A.

All Tribally owned or funded facilities and/or enterprises shall implement a solid waste

recycling and reduction policy developed by the Tribal Council or its designee.

B.

The Tribe will make available at all Tribal housing sites and/or developments recycling

collection bins.

C.

All Tribally owned and/or funded facilities and/or enterprises and the collector contracted

to empty the recycling collection bins shall not dispose of the said collected recyclables in any

fashion other than which would allow the said recyclables to be recycled.

(Source: WOS 2003-001, January 5, 2003, Section V)

4.706 OPEN BURNING

Burning is not a recommended method of waste disposal. However, open-air burn permits may

be issued for the burning of brush, other yard wastes and waste wood if conditions are conducive

to safety and environmental protection.

A.

The applicant must request a permit and receive approval in writing from the LTBB

Natural Resources Department prior to any burning.

B.

The Permittee will be required to inform the nearest local fire authority as to the time and

location of the intended burn.

C.

The permittee will be held responsible for any damages that may result from the fire itself

or any other fires caused by the initial fire.

D.

All permitted fires shall be attended at all times.

E.

The permit will be valid for thirty (30) days after the date issued. The permittee must

request in writing another permit after the expiration date.

F.

All burning must cease and the permit becomes void if a burn ban is issued (contact local

fire authority). The permittee shall be required to obtain a new permit in writing to continue

burning once the restriction or ban has been lifted.

G.

The permittee will be required to comply with any burning restrictions and/or bans that

may be currently in place or enacted.

H.

Burn permits are not required for campfires.

I.

No permit shall be required when an inch or more of snow is present provided that no

other restrictions apply.

(Source: WOS 2003-001, January 5, 2003, Section VI)

4.707 SOLID WASTE COLLECTION AND TRANSPORT

A.

Any solid waste transported within LTBB jurisdiction shall be collected and transported

in a manner that prevents the waste from leaking, blowing off, or falling from the transport

vehicle. If there is any solid waste lost from or if there is any spillage from the collection

container or transportation vehicle, the material shall be immediately picked up by the solid

waste collector and returned to the vehicle or container and the area properly cleaned.

B.

Commercial vehicles or containers used for collection and transportation of garbage and

other putrescible wastes, or solid waste containing such materials, shall be covered, leak proof,

durable, and of easily cleanable construction. These shall be cleaned to prevent nuisances,

pollution, or insect breeding and shall be maintained in good repair.

(Source: WOS 2003-001, January 5, 2003, Section VII)

4.708 ENFORCEMENT

A.

LTBB’s Law and Conservation Enforcement officers shall be empowered to enforce all

provisions of this Solid Waste Statute. When necessary to enforce this Statute, Tribal law

enforcement or natural resources conservation officers may file reports with the Tribal

Prosecutor.

B.

Any duly authorized agent, in the performance of his or her duty, may enter into any

premises on or in which he or she has reasonable cause to believe a violation of this Statute is

occurring after obtaining a valid search warrant from the Tribal Court, subject to the common

law exceptions for exigent circumstances.

C.

Violation of any provision of this Statute is a civil penalty which may not exceed $500.

Each day of any continuing violation may be charged as a separate violation, and a separate

penalty may be imposed.

D.

In addition to a civil penalty, any personal property which has been used in connection

with a violation of this Statute, including vehicles and other equipment may be seized and

forfeited in satisfaction of any judgment rendered pursuant to this Statute.

E.

Any person found in violation this Statute shall be responsible for any damage, clean up

and/or remediation that may be necessary as a result of the said violation.

F.

Repeated violations by occupants or Tribal Members that are renting or leasing from the

Tribe may be punished by the termination of the rental agreement and/or lease.

G.

Nothing herein shall prevent the Little Traverse Bay Bands of Odawa Indians from

bringing suit against any violator of this Statute for monetary damages, for harm to any LTBB

resources, or for injunctive relief.

(Source: WOS 2003-001, January 5, 2003, Section VIII)

4.709 PERMITS

The Little Traverse Bay Bands of Odawa Indians Natural Resource Department shall be

responsible for the issuance of permits under this Statute.

(Source: WOS 2003-001, January 5, 2003, Section IX)

4.710 LIMITATIONS

Nothing within this Statute shall be constructed to limit the authority of the Tribal

Council from adopting more stringent solid waste disposal requirements than those set forth in this

Statute.

(Source: WOS 2003-001, January 5, 2003, Section X)

4.711 SAVINGS CLAUSE

In the event that any phrase, part, provision, paragraph, subsection or section of this Statute found

by a court of competent jurisdiction to violate the Constitution or laws of the Little Traverse Bay

Bands of Odawa Indians, such phrase, part, provision, paragraph, subsection or section shall be

considered to stand alone and to be deleted from this Statute, the entirety of the balance of the

Statute to remain in full and binding force and effect.

(Source: WOS 2003-001, January 5, 2003, Section XI)

4.712 EFFECTIVE DATE

This Statute shall take effect upon enactment by Tribal Council [January 5, 2003].