OMAHA TRIBAL CODE (2013)

Tribal code

Ask Donna

What actually matters in this document.

Text

TITLE 46. SOLID WASTE CODE

Table of Contents

CHAPTER 1. GENERAL oo. cecceccececececcecescecececetesasenesaseacseesacsassesaesatesesaeseesserscsassessavsneaessasseseecatecanscaaeeecs 1

SECTION 46-1-1. Tithe. occ cecece cee cecescesecaceacsaessevsesseuacassaresscsteasstssecsecsecsecsteaessessecaeeseeesssenenatsees ]

SECTION 46-1-2. Authority, Findings, Intent, and Purpose, ........0.ccccccccccesscsseseesseeceeesesseesceeatiess 1

SECTION 46-1-3. Jurisdiction, 00... ccceccccsccsscsecescesscsscecsessecsssssceseceeeceessecsvessesseseseetcneeceecaeseaeseaeees I

SECTION 46-1-4. Purpose......cecccsceecssecseeceestecceeceeceesecaeesevececececeeeeccecesaeeeeeaeeeeenenesacteetansissaneetsnes

SECTION 46-1-5. Public Policies

SECTION 46-1-6. Definitions;:. pilsesDecsatatetcantarertenessereeiUbestapeccecsereeveeerstesseseseaeacerevsentsenenecatens

SECTION 46-1-7. Duties of the Department... ceceaeeeceestensevsrssicessesueatedyllbascecesseeaeteneceeeuceecaecseeaearensets 6

‘SECTION 46-1-8Powers of the Departmente..i....c:.csecceeeee sevebiente LU ieeececcesseeessceeeseesesenesenses 8

SECTION 46-1-9; Duties of the. Board. <...ckeeceeeeine pace tasetaceenecenssbuloatsGediasesteaeseceteeecseenteses 8

SECTION 46-1-10. Tribal’ Regulations no more stringent‘than Federal Regulations or Guidelines.

ee eee reer erty See ere re rry carer eee tee verre ee Seeeereier tse Stee ery COC ee Serer ey tt eter eee rere ere rereer ye treet Pere Cerrar erect ly steerer ere reer eres

SECTION 46-1-11. Variance. i.e ccececneseeereeeetenreeeedaeeesseneeened ; :

CHAPTER 2. SOLID WASTE MANAGEMENT ........cccsccccsssscsesssishesssscssssessteperiacsseseeussransisecesesaseess

SECTION 46-2-1. Solid Waste Management Plan — Hearings and Action... i tebe 9

SECTION 46-2-2. User Fee-Authorized. .....0.ccescecceccccsesesetetddeceseesevseesceequsesestrecebltgaeesseecatepeeaeen 10

SECTION 46-2-3. Solid Waste Management Fee...ssc-.cccceccscccecciheecneeees sesagasssuctlegndbesesseasstsugnaeee 10

SECTION 46-2-4. Penalties For Failure To Pay. sic. iseeteseccttecee teen eeeseecstttieeesiesannee LO

~ SECTION 46-2-5. Solid Waste Management Account, 10

SECTION 46-2-6. Inspections. .........cccceccssesesesedeesteeees pebedetedeesceececenesssstlececsneeaeersesssgnttneeresensesigas ll

SECTION 46-2-7. Groundwater Monitoring. sevsdveveenadplastsentssahesbitheesesesesetadeceescegeneessetoaness “eevevveusie 11

SECTION 46-2-8. Disposables. ccccccccccccessecsesseeeescesssssesssesseesssiitugesuesvessecsecaeetsensessecaceseenisseessecreecesss WW

SECTION 46-2-9. Prohibited Disposal. ......:..csccc0-00e0 open en eneeseseaescabencacscescaeadlertsascesnsesis aul

SECTION 46-2-10. License Required... eee eeeeceeseececcerseceeeeesteneeeeseeteseeseccesserseeneseseceacenseeeustacesecnees 12

SECTION 46-2-1 1. Revocation or Denial of License by Department. sesaecandbevangeensvecageednageessesastad 12

SECTION 46-2-12. Administrative Enforcement, eeeedivess Soest eeechgdegacseesseeececedaseseesaasececucensneceeceushe 13

SECTION 46-2-13. Civil Penalties. 10.0... saves peesbusiee : ee )3

SECTION 46-2-14. Actions. . cevbene oh eveate “13

SECTION 46-2-15. Penalty For Violations: wessdae se 13

CHAPTER 3. JUNK VEHICLES .. ee eee 13

SECTION 46-3-1. Shielding. .. 13

SECTION -46-3-2. Motor Vehicle Wrecking Facility and Motor Vehicle Graveyard Licenses... 14

SECTION 46-3-3. Records Required of Facilities. .....0.00.00..... qedbbecesceccsereeqensbeadherecaeccetgaggunsceeeess 14

SECTION 46-3-4. Disposal of Junk Vehicles — Records. occ cecccccceseseeescestthgeveceeeeeeettveneeteseneons 14

SECTION 46-3-5. Denial, Suspension, or Revocation Of LICENSE. ....cccceccseessssesesseeedbeeeseesseseeeeceeee 14

SECTION 46-3-6. Appeals. occ cece ctr ecereeriesesescacsesceraatleesices cannes

SECTION 46-3-7. Motor Vehicle Wrecking Facilities and Motor Vehicle Graveyards — Licensing

Process...

eee ee eee Terre re re reeec ese ee Te eee See eer ee Tete eee e re ere Terre re rere rer ere ree rererererercice st etst rcs r cS ST eter ee ee eee eT eter sre ee re tee err ereetes

SECTION 46-3-9. Inspections. . Geile leh ctdtigs seebher sratdene’ o :

SECTION 46-3-10. Administrative Enforcement. cocccccccccccccccscccccccssessesssescsssesseensanenvevsnssstinsneenec 16

SECTION 46-3-11. Injunction — Action to Collect Civil Penalty — Authority of Department...... 16

SECTION 46-3-12. Penalties. 0.0. cceccscecctercnecceeeeseacesensceseecsecaeeasersesesecersseeerseeseseaseesarenereeaees 16

SECTION 46-3-13. Disposition of Money Collected. 0. ccecensereneeseeeverensesetaereseneeeentes 16

CHAPTER 4. CERCLA PARTICIPATION occ cceeccesceneeneseeceeecnecneceecnecnseesseresnesnrneneeneeeneniae 16

CHAPTER 5. INTEGRATED WASTE MANAGEMENT o.oo. eccecccereereerereerereereneneeneneteeseneeieaes 17

SECTION 46-5-1. Solid Waste Reduction. ......cccccceceeseeceseeceeeseceneeeneeeaeersatenavaeseneaveeserseaeeesaaas 17

SECTION 46-5-2. Integrated Waste Management Priorities. 0... eee eeeesereeesrenereneeeeeneenees 17

SECTION 46-5-3. Solid Waste Management Plan. 0.0... cccecceeeneecceeeseveeeseeseeaesneseeneeatensneeas 17

CHAPTER 6. INFECTIOUS WASTE MANAGEMENT 0.0. cccccececeeceseeseentceseecnaesseeeeneereveneatesens 18

TITLE 46. SOLID WASTE CODE

OMAHA TRIBAL CODE (2013)

SECTION 46-6-1. Purpose... ec cccseneesscneeerenseneeesecaessceaesavseceesaeeaesauaesiessevaeaesaesneeeeceeseatineaees 18

SECTION 46-6-2. Prohibition... ccc eeceeeeeeeseeceesecseseeeaeeaeeeeessesaecaesevaeceeseeaeeaesetaeseeeieeeeneeiren 18

SECTION 46-6-3. Management Standards — Procedures. .0...0...cccsececeseceececeeceeeeeteeeeenteeecnsenenees 18

SECTION 46-6-4. Licensing and Regulation. .........cceecccecceseeceerceeeseeceeeeseceeeseeeeseeeeetateneeeensseeees 19

SECTION 46-6-5. Fees. ....0ccccccecce cece ccc ceeeceee cee ceseeceececesaeseeceeseeecaeveecavesaeseteaecgeeterentegaesoseees 19

CHAPTER 7. NOTICE OF MOTOR OIL RECYCLING CENTER ..0... ccc ccecsccetceeeeeeeeceneeneeeeneeeee 19

SECTION 46-7-1. Waste Ol] Notice. .0..ccccccceceeceecceeeeeeeeeeseeseseseeeeeeceeesetaeseeesenetiseneetaeeneeeeneeesneees 19

CHAPTER 8. SEPTAGE DISPOSAL ooo... ccc ecccccecceseeceeseeeeeeeseeseeaenecseeeceseecseeeesaesaetaeenseeateseenienseieec 19

SECTION 46-8-1. Rulemaking Authority. ...0..0..0c.cccceeccecececece cece cececeeeaeeacecaecaeeeessseesseseaeeeaeeaeenae 20

SECTION 46-8-2. License Required... ccc eceseceeseeeneeesesseeceeeescecsecesesseetetaeeesseveevanseeneeaneeees 20

SECTION 46-8-3. Application For License. .......cc ec eeeceececeeseeeneececeeeseeenenseeeetaaveesvasserenennenen 20

SECTION 46-8-4. License Term, Renewal, and Fees.........cecccicceccscccecessscsesesssevevecsessssssesessepenees 21

SECTION 46-8-5,. [njumction. 0... eescesseseetneceneneeeeeecsacesesseseusevesaevarseseieseesaeceestsenevareeranes 21

SECTION 46-8-6: Department Revocation or Dental of License... ele ccceeeceecceceese tee teeeneetes 2]

SECTION 46-8-7. Administrative Enforcement. ....0....0.ccscccecccesececeeeeeeceeeecaedeedaseeseeecesecaeteseterens 22

SECTION 46-8-8. Penalties and Fines... ccc elec cscesecseeceercecscecereeeesaeesecseeeeedeeaeeneeeseeteeetteee 22

SECTION 46-8-9. Fees. ...ccccccecccescsecsesssenessesacsavarecaeseassesasavaeesecsesaeeecaeeeeaeneecaeesesaceneeeaseereatieee 22

CHAPTER 9. MISCELLANEOUS... cccceececeeeeceecseeeseeseeeseeversaeeaaaseecerssensceaeeseecnaesreedenseeateaeneeaas 22

SECTION 46-9-1. Compliance with other Laws and Regulations. ..........ccseeceeceececeteceeeeeceeesees 22

SECTION 46-9-2. Severability. 0... cccecccecsecseeencesccenceeceecsaeeeaesaesaesaeseeeasesaessecsaveasseseceeetsneeseaaes 22

SECTION 46-9-3. Consensual Relations. 0.0... cccecseeccseecnscsececeescesesseaesseesevscsaeseeeeeenessetenuasares 23

SECTION 46-9-4. Applicability. 000. iceccccesessseneccenscseeseseeeeenescsessensecesacescasaeeaeeaeeatneaesenseacas 23

TITLE 46. SOLID WASTE CODE

OMAHA TRIBAL CODE (2013)

TITLE 46. SOLID WASTE

CHAPTER 1. GENERAL

SECTION 46-1-1. Title.

This Chapter shall be known as the Omaha Tribe Solid Waste Code.

SECTION 46-1-2. Authority, Findings, Intent, and Purpose.

(a) The Tribal Council.of the Omaha ‘Tribe of Nebraska, mindful of its constitutional

obligations under Articles 1¥(j) and (p) of the Constitution and Bylaws of the Omaha Tribe has

enacted the Omaha Tribal Solid Waste Code as set forth in this Chapter.

(b) It is the Omaha Tribal Council’s intent that the requirements of this Chapter provide

adequate remedies for the protection of the health, welfare.and safety of the public and of the

environmental life-support'system from degradation and provide adequate remedies to prevent

unreasonable depletion and degradation of natural resources.

-of solid waste presents a significant danger to the public and the environment, by contaminating

the air, surface water, ground water-and subsurface soils.. The Omaha Tribal Council further finds

that the health and welfare of individuals within its jurisdiction are being endangered by

improperly operated solid waste management Systems and by the improper and unregulated —

disposal of wastes.

)) “It is declared by the Omaha Tribal Council to be public policy to control solid waste

management systems to protect the public health and safety, and to conserve natural resources

whenever:possible. oo =:

=e) It-is the intent of the Omaha Tribal Council to establish a program for the regulation

of solid waste which implements stringent control collection and disposal of solid waste, including

corrective action, closure, and post-closure care.

(i It is: the intent of this Chapter fo suthoribe ‘the Omaha Tribe Environmental

» Protection Department to establish, administer, and enforce a solid waste management program

and to provide for the administration and enforcement of this Chapter and to provide penalties for

violation of this Chapter. The Omaha Tribe Environmental Protection Department may use the

authority provided in this Chapter and other appropriate authority provided by law to remedy

Wplations of Tequirements established under this Chapter.

SECTION 46- 1 -3.5 <Jurisdiction.

(a) : .The Omaha. Tribe of Nebraska asserts the inherent sovereignty to exercise civil

authority hnd jurisdiction over the conduct of tribal membets and all other persons on all lands

within the exterior boundaries of the Omaha Indian Reservation and other lands within the

jurisdiction of the Omaha Tribe. This Chapter is designed to maintain the environment, natural

resources, public health, safety; welfare, political integrity.and economic security of the Omaha

Tribe. Because violations of this Chapter or any. rules, regulations, or orders adopted hereunder

will demonstrably and seriously impact the environment, natural resources, public health, safety,

welfare, political integrity and economic security of the Omaha Tribe, this Chapter, and any rules,

regulations, or orders adopted or issued hereunder, are specifically designed and shall apply to:

(1) all persons within the exterior boundaries of the Omaha Indian Reservation, without

exception, including but not limited to, all tribal members and all other persons within the

exterior boundaries of the Omaha Indian Reservation, including any Indians who are members

of other Tribes, all non-Indians, and any other person as defined in this Chapter;

(2) all places and lands located anywhere within the exterior boundaries of the Omaha

Indian Reservation and all other lands within the jurisdiction of the Omaha Tribe of Nebraska,

]

TITLE 46. SOLID WASTE CODE

OMAHA TRIBAL CODE (2013)

including all trust lands, and notwithstanding the issuance of any patent, fee, allotment, rightof-way, lease, and any real property interest of any kind, held by any person as defined in this

Chapter;

(3) the provisions of this Chapter and the rules, regulations, or orders promulgated or

issued hereunder, in whole or in part, shall not apply to any person or to any property owned

or operated by such person, where prohibited by Federal law, or to such extent and under such

terms and conditions as may be provided in any voluntary compliance agreement entered into

pursuant to the provisions of this Chapter.

SECTION 46-1-4. Purpose.

(a) The purpose of this Chapter is to:

(1) Promote the health, safety, and welfare of tribal members and all other persons

within the exterior boundaries of the Omaha Indian Reservation and other lands within the

jurisdiction of the Tribe;

(2) Promote the cultural, social, and economic stability of residential, agricultural,

commercial, industrial, forest, riparian, and environmentally sensitive lands within the

exterior boundaries of the Omaha Indian Reservation and other lands within the jurisdiction of

the Tribe;

(3) Contribute to the protection of the historical and cultural values and traditions of the

Omaha Tribe, the permanent Omaha tribal homeland, and the aboriginal character of the

Omaha Tribe;

(4) Minimize air, water, and land from solid, liquid, and hazardous waste pollution,

including contamination of aquifers, groundwater, surfact waters, drinking water supplies, and

all other natural resources; :

(5). Enhance the standard of living, quality of life, welfare and well-being of all persons

within the exterior boundaries of the Omaha-Indian Reservation and other lands within the

jurisdiction. of the Tribe;

(6) Provide and promote tribal environmental protection and services within the exterior

boundaries of the Omaha Indian Reservation and other lands within the jurisdiction of the

Tribe, and to regulate environmental activities under principles of tribal sovereignty;

(7) Implement, regulate, and enforce environmental standards and criteria, orders,

license, and permit conditions, and laws, rules, and regulations under this Chapter, for the

sanitary storage, collection, transportation, and disposal of all waste within the exterior

boundaries of the Omaha Indian Reservation and other lands within the jurisdiction of the

Tribe; and,

(8) Encourage the good management of solid waste and the conservation of natural

resources through the promotion or development of systems to collect, separate, reclaim,

recycle, and dispose of solid waste for energy production purposes where economically

feasible and to provide a coordinated solid waste and resource recovery plan.

TITLE 46. SOLID WASTE CODE

OMAHA TRIBAL CODE (2013)

SECTION 46-1-5. Public Policies.

(a) To implement this Chapter, the following are declared to be public policies:

(1) Maximum recycling from solid waste is necessary to protect the public health,

welfare, and quality of natural environment,

(2) Solid waste management systems shall be developed, financed, planned, designed,

constructed, and operated for the benefit of the people;

(3) Private industry is to. be utilized to: the maximum extent possible in planning,

designing, managing, constructing, operating, manufacturing, and marketing functions related

to solid waste management systems;

(4) Local governments shall retain primary responsibility for adequate solid waste

management with the Omaha Tribe preserving those functions necessary to assure effective

sO olid waste management systems throughout the Tribe’s jurisdiction,

(5) Costs for the management and regulation of solid waste management systems shall

be charged to those persons generating solid. waste in order to encourage the reduction of the

solid waste stream; :

(6) Encouragement and support be. given for separation of solid waste at its source in

order to maximize the value of such solid waste for Te-use, :

«.(7) The Omaha Tribe shall provide technical advisory assistance to:local: governments

and other-affected persons in the planning, devPloping, & inancing, and implementation of solid

waste management systems, _

(8). Actions and activities performed or carried out byr persons and their contractors in’

accordance with this Chapter shall-be in conformity with the tribal solid waste plan; and, —

(9) When licensing a solid waste management system, the Department shall consult with

units of local government that have Jurisdiction, over the area encompassing the proposed.

system;

(b) This:-Chapter is in addition and supplemental toany. other law providing for the

financing of a solid-waste management system and does not amend or repeal any other law.

SECTION 46-1-6. Defi nitions.

(a) — °-Unless the context clearly requires otherwise, in 1 this Chapter; the e following’

definitions apply: —

a) “Board” means the Omaha Tribal Council:

2) “Component Part” means any identifiable part of a discarded, riiilied, wrecked, or

dismantled motor vehicle, including an automobile, boat, motorcycle, trailer, or aircrafi,

including but not limited to fenders, doors, hoods; engine blocks, motor parts, transmissions,

frames, axles, wheels, tires; passenger compartment fixtures,

(3) “Composting” means the controlled biological ‘decomposition of organic matter into

humus;

(4) “Container Site” or “Site” means a solid waste management facility that:

(A) is generally open to the public for the collection of solid waste that is generated

by more than one household or firm and that is collected in a refuse container with a total

capacity of not more than 50 cubic yards; or,

(B) receives waste from waste collection vehicles, and:

(i) receives no more than 3,000 tons of waste each year;

TITLE 46. SOLID WASTE CODE

OMAHA TRIBAL CODE (2013)

(ii) has control measures in place, including on-site staffing, to adequately

contain solid wastes and blowing litter on the site and to minimize spills and leakage

of liquid wastes; and,

(iii) is a site at which a local government unit requires commercial waste

haulers to deposit wastes at the site only during hours that the site is staffed;

(iv) is an approved site which is a solid waste landfill established and

operated in compliance with 40 CFR 257 and 258; and,

(v) is a facility or site where solid waste or hazardous waste is disposed of

which is not a sanitary landfill and which does not meet the criteria issued under 40

CFR 257 and 258 and which is not a facility authorized for disposal of hazardous

waste;

(5) “Department” means the Omaha Tribe Environmental Protection Department;

(6) “Dispose” or “Disposal” means the discharge, injection, deposit, dumping, spilling,

leaking, or placing of any solid waste into or onto the land so that the solid waste or any

constituent of it may enter the environment or be emitted into the air or discharged into any

waters, including ground water;

(7) “Domestic Sewage” means waste and wastewater from humans or household

operations that are discharged to or otherwise enter a treatment works;

(8) “Generator” means a person that produces infectious waste;

(9) “Household Waste’ means any solid wasie derived from households, including

single and multiple residences, hotels, and motels, crew quarters, and campgrourids and other

public recreation and public land management facilities; “Household Hazardous Waste”

“means materials that could be classified as hazardous waste titider 40 CFR 261.20 — 261.35

but are exempt from treatment as hazardous waste under 40 CFR 261.4(b)(1), including non=

empty household containers of paint, paint products, household cleaners, automotive fluids,

pesticides, pool chemicals, household batteries, and similar materials;

(10) “Industrial Wastewater” means wastewater generated in a commercial or industrial

process;

(11) “Infectious” means capable of producing disease; to be infectious, the following

factors simultaneously must be present:

(A) virulence, which is the ability of microorganisms to cause disease;

(B) dose, which is microorganisms in a quantity sufficient to cause infection;

(D) host susceptibility, which means the host’s natural resistance is incapable of

preventing infection;

(12)‘Infectious Waste” means waste capable of producing infectious disease, with

infectious disease including, but not limited to:

(A) cultures and stocks of infectious agents and associated biologicals;

(B) human pathological waste, including Uissues, organs, and body parts removed

during surgery or an aulopsy;

plasma, and other blood components and items soaked or saturated with blood; and,

(D) sharps that have been used in patient care, medical research, or industrial

laboratories;

TITLE 46. SOLID WASTE CODE

OMAHA TRIBAL CODE (2013)

(13) “Integrated Waste Management” means the coordinated use of a priority of waste

management methods, including waste prevention;

(14) “Junk Vehicle” means a discarded, ruined, wrecked, or dismantled motor vehicle

including an automobile, boat, motorcycle, trailer, or aircraft, and component parts, that is not

lawfully and validly licensed and remains inoperative or incapable of being driven;

(15)“Local Government” means a county, incorporated city or town, or solid waste

management district organized under the laws of the Omaha Tribe of Nebraska.

(16)“Motor Vehicle Wrecking Facility” means:

(A) a facility buying, selling, or dealing in four (4).or more vehicles per year, of a

type required:to be licensed, for the purpose of wrecking, dismantling, disassembling, or

substantially changing the form of the motor vehicle; or,

(B) a facility that buys or sells component parts, in whole or in in part, and deals in

secondhand motor vehicle parts; a facility that buys or sells component parts of a motor

_ vehicle, in whole or in part, is a motor vehicle wrecking facility whether or not the

buying or'selling price is based on weight or any other type of classification, however,

the term does not include a.garage where wrecked or disabled motor.vehicles are

temporarily stored fora reasonable period of time for inspection, repairs, or subsequent

removal to.an other facility,

(17) “Open Burning” means the buming of any materials wherein’ thea air contaminants

resulting from combustion are emitted directly into the ambient air without passing through a

stack or chimney;

(18) “Person” means any individual, firm, partnership, company, association, corporation,

city, town, or local governmental entity or yr any other State, Federal, or private entity, whether

organized for profit or not; .

(19) “Postconsumer Material” means only those paper products generated by a consumer

that have served their intended end uses s and have been separated or diverted from the solid

waste stream; :

(20) “Public View” means any point six (6) feet above the surface of.the center of a

public road;

(21) “Recycling” means all activities involving the collection of recyclables to prepare

them for resale, the marketing of recovered material for use in the manufacture of similar or

- different products, and the purchase of products containing recycled material;

(22) “Resource Recovery Facility” means any. facility at which solid waste-is processed

for the purpose of extracting, converting to energy, or otherwise separating x and preparing

solid waste for reuse;

(23)“Resource Recovery System” means a solid waste management system that provides

for the collection, “Separation, recycling, of recovery of solid wastes, s, including disposal of

non-recoverable waste. residues,

(24)

(A) “Septage” means liquid or solid material removed from a septic tank, cesspool,

or similar treatment works that receives only domestic sewage;

{(B) __ septage does not include material removed from a septic tank, cesspool, or

similar treatment works that receives industrial wastewater and does not include grease

removed from a grease trap at a restaurant;

(25) “Sharps means any discarded health care article that may cause punctures or cuts,

including but not limited to needles, scalpel blades, and broken glass that may be

contaminated with blood;

TITLE 46. SOLID WASTE CODE

OMAHA TRIBAL CODE (2013)

(26) “Shielding” means the construction or use of fencing or manmade or natural barriers

to conceal junk vehicles from public view;

(27) “Solid Waste” means:

(A) all putrescible and nonputrescible wastes, solid and semi-solid, including but not

limited to garbage, trash, rubbish, refuse, ashes, sludge from sewage treatment plants,

water supply treatment plants, or air pollution facilities, solid, liquid, semi-solid, or

contaimed gaseous material, construction and demolition wastes, dead animals, including

offal, discarded home and industrial appliances, wood byproducts and inert materials,

abandoned or junked vehicles and components, infectious wastes, and all other discarded

material;

(B) solid waste does not mean municipal sewage, industrial wastewater effluents,

mining wastes regulated under the mining and reclamation laws administered by the

Department, slash and forest debris regulated under laws administered by the Department

of Natural Resources and Conservation, or marketable byproducts, or solid or dissolved

materials in irrigation return flows or industrial discharges that are point source subject to

permit under 33 U.S.C. 1342, or source, special nuclear, or by-product material as

defined by ihe Atomic Energy Act of 1954 (68 Stat. 923), as amended;

(28) “Solid Waste Management System” means any system that controls the storage,

treatment, recycling, or disposal of solid waste; for the purposes of this definition, a Container

Site is not a component of a solid waste management system;

(29)*‘Solid Waste Plan” means the plan formulated by the Department as authorized by

this Chapter;

(30) “Special Waste” means solid waste that has-unique handling; transportation, or

disposal requirements to ensure protection of the public health, safety, and welfare and the

environment; Ae oes a

G1) “Steam Sterilization” means a treatment method for infectious waste using saturated

steam within a pressure vessel (known as a steam sterilizer, autoclave, or retort) at a time, for

a period of time, and at a temperature sufficient to kill infectious agents within the waste;

(32)“Storage” means the actual or intended containment of wastes, either on a temporary

basis or for a period of years;

(33) “Transport” means the movement of wastes from the point of generation lo any

intermediate points and finally to the point of ultimate treatment, storage, or disposal.

(34) “Treatment” means a method, technique, or process, including neutralization,

designed to change the physical, chemical, or biological character or composition of any solid

waste so as to neutralize the waste or so as to render it safer for transport, amenable for

recovery, amenable for storage, or reduced in volume;

(35)“Treatment Works” means a device or system used to treat, including to recycle and

to reclaim, either domestic sewage or a combination of domestic sewage and industrial waste

of a liquid nature;

(36)“Waste Reduction” means practices that decrease the weight, volume, or toxicily of

material entering the solid waste management stream after consumer or commercial use but

prior to incineration or disposal;

(37)“Waste Tire” means a tire that is no longer suitable for its original intended purpose

because of wear, damage, or defect.

SECTION 46-1-7. Duties of the Department.

(a) The Department shall:

(1) prepare a Tribal Solid Waste Management and Resource Recovery Plan for

TITLE 46. SOLID WASTE CODE

OMAHA TRIBAL CODE (2013)

submission to the Board;

(2) prepare rules necessary for the implementation of this Chapter for submission to the

Board, including but not limited to rules:

(A) governing the submission of plans for a Solid Waste Management System;

(B) governing solid waste management systems, including:

@ requirements for plans of operation and maintenance;

(ii) classifications of disposal sites according to the physical capabilities

of such sites to contain the type of solid waste.to be disposed of;

(iii) procedures to be followed i in the disposal, treatment, or transport of

solid wastes; :

(iv) suitability determinations of a site from a public health standpoint

when hydrology, geology, and climatology are considered;

(v) requirements relating to ground-water monitoring;®

(vi) requirements for recordkeeping and reporting;:

(vii) requirements for the imposition of a fee based on the direct and ~

indirect costs for solid, waste generated off Reservation and disposed of on

Reservation; :

(viii) “ Jeguiremenn to maintain satisfactory financial assurance to.the

Omaha Tribe sufficient to: provide for waste treatment, including tires, removal,

transportation, and disposal. fire suppression, or other measures necessary to

protect the environment and the health, safety, and welfare of the public; and,

(ix) any other factors relating to the sanitary disposal-or management of

solid wastes;

waste management fee that a facility is subject to, methods for determining or estimating

the amount of solid waste incinerated or disposed of at such facility;..

(D)°.- establishing the license application fee that a facility is subject to;

(E) _ establishing the flat annual license renewal fee that a a facility is subject to;

(F) _ establishing the tonnage or yolume:based annual renewal fee. thata facility is

subject to;

(G) providing procedures for the collection of the solid waste management fee; and,

(H) providing guidelines for integrated waste ‘management;

(3) provide technical assistance to persons within the tribal jurisdiction for planning,

designing, constructing, financing, and operating:

(A) a Solid Waste Management System in order to ensure that the system conforms

to the Tribal Solid Waste Management and Resource Recovery Plan;

(B) integrated waste management programs; and,

hazardous wastes and small quantities of hazardous waste that are exempt from

TITLE 46. SOLID WASTE CODE

OMAHA TRIBAL CODE (2073)

regulation under other laws;

(4) enforce and administer the provisions of this Chapter;

(5) approve plans for a proposed Solid Waste Management System submitted by a local

government; and,

(6) serve as a clearinghouse for information of waste reduction and reuse, recycling

technology and markets, composting, and household hazardous waste disposal, including

chemical compatibility.

SECTION 46-1-8. Powers of the Department.

(a) The Department may:

(1) accept loans and grants from the Federal government and other sources to carry out

the provisions of this Chapter;

(2) collect the solid waste management fees provided for herein; and,

(3) take such action and exercise such authorily as is provided herein to accornplish the

purposes of this Chapter.

SECTION 46-1-9. Duties of the Board.

(a) The Board shall:

(1) adopt a Tribal Solid Waste Management and Resource Recovery Plan after

complying with appropriate procedures for such adoption; and,

(2) adopt rules necessary for the implementation of this Chapter, including but not

limited-to rules governing: :

(A) submission of plans fora Solid Waste Management System; and, ;

(B) : the application fee, flat annual license renewal fee, and tonnage or volume-based

renewal fee for Solid Waste Management Systems: prepared by the Department.

SECTION 46-1-10. Tribal Regulations no more stringent than Federal Regulations or

Guidelines.

(a). Except as provided in subsections (2) through (6), or unless required by tribal law,

the Department may not adopt a rule to implement this Chapter that is more stringent than the

comparable Federal regulations or guidelines that address the same circumstances, and the

Department may incorporate by reference comparable Federal regulations or guidelines;

(b) The Department may adopt a rule to implement this Chapter that is more stringent

than comparable Federal regulations or guidelines only if the Department makes a written finding

after a public hearing and public comment and based on evidence in the record that:

(1) the proposed standard or requirement protects the public health or the environment;

and,

(2) the proposed standard or requirement can mitigate harm to the public health or

environment and is achievable under current technology;

contained in the record that forms the basis for the Department’s conclusion, which written finding

must also include information from the hearing record regarding the costs to the regulated

community that are directly attributable to the proposed standard or requirement;

(d) A person affected by a rule of the Department that that person believes to be more

stringent that comparable Federal regulations or guidelines may petition the Department to review

the rule, and if the Department determines that the rule is more stringent than comparable Federal

TITLE 46. SOLID WASTE CODE

OMAHA TRIBAL CODE (2013)

regulations or guidelines, the Department shall comply with this section by either revising the rule

to conform to the Federal regulations or guidelines, or by making the written finding, as provided

under subsection (2) hereinabove within a reasonable period of time, not to exceed 12 months after

receiving the petition; provided however, that a petition under this section does not relieve the

petitioner of the duty to comply with the challenged rule, and further provided that the Department

may charge a petition filing fee in an amount not to exceed $500;

(e) A person may also petition the Department for a rule review under subsection (4)

hereinabove if the Department adopts a rule in an area in which no Federal regulations or

guidelines existed and the Federal government subsequently establishes comparable regulations or

guidelines that are less stringent than the previously adopted Department rule; and,

(f) This section does not apply to a rule adopted under emergency rulemaking

provisions. :

SECTION 46-1-11. Variance.

(a) =A person may apply to the Board for a a variance from rules adopted hereunder and

the Board may grant a variance if it finds that: :

(1). failure to.comply with the rules does not result i ina danger to public heal th or safety,

» Or the environment; or,

(2) compliance with the rules from which a variance is sought would produce hardship

without producing benefits to public health and safety, or ihe environment, that outweigh the

‘hardship;

{b) A variance may not:be granted except after a ‘hearing and consideration by the Board

of the relative interests of the applicant, the public, and owners.of the property likely to be affected

by the variance under consideration, and only if the Board makes a written finding after a public

hearing and public comment'and based on evidence i in, the record that:

(1) the proposed variance protects the public health-and safety, or the environment; and,

(2) the proposed variance can ‘mitigate harm to the public health and safety, or the -

environment, and is achievable under current technology; and,

(3) the written finding must reference information and peer- reviewed scientific studies

contained in the record that forms the basis for the Board’s conclusion, which written finding

must also include information from the hearing record regarding the costs to the regulated

community that are directly attributable to the proposed variance; :

‘ (c) This section may not be construed as relieving the Board from the obligation to

comply. with the Resource Conservation:and: Recovery Act of 1976 (42 U.S.C. 6901 et seq.), as

amended, or as allowing the Board to grant a variance less restrictive than that Act.

CHAPTER 2. SOLID WASTE MANAGEMENT

SECTION 46-2-1. Solid Waste Management Plan — Hearings and Action.

(a) A proposed Solid Waste Management Plan shall be prepared by the Department in

conjunction with local governments and any other interested person; after a draft of a proposed

Solid Waste Management Plan has been prepared, the Department shall provide public notice of

the same and, upon request, circulate a copy of the proposed plan to any interested person for at

least 90 days prior to submission of a final proposed Solid Waste Management Plan to the Board;

during the 90-day period for receipt of comments on the draft plan, the Department shall hold at

least three (3) public hearings on such draft plan; and,

(b) A final proposed plan shall be prepared based on the comments and objections

TITLE 46. SOLID WASTE CODE

OMAHA TRIBAL CODE (2013)

received at the public hearings and from the persons who have submitted comments on the draft

Solid Waste Management Plan, which final plan submitted to the Board shall include a discussion

of all comments and objections received and the reasons why recommendations for changes or

amendments to the proposed plan were accepted or rejected; upon receipt, the Board shall consider

the final proposed Solid Waste Management Plan after giving notice and holding at least one (1)

public hearing pursuant to appropriate rulemaking procedures.

SECTION 46-2-2. User Fee Authorized.

In the event the revenues of a Solid Waste Management System are insufficient to pay the

costs, the Department may levy a pro rata fee against the users, which pro rata fee may be based

on a per ton, per pound, or volume assessment.

SECTION 46-2-3... Solid Waste Management Fee.

(a) The Department may prepare rules for adoption by the Board that:set fees for the

management and regulation of Solid Waste Facilities subject to regulation pursuant to this

Chapter, and upon adoption by the Board, the Department may collect such fees which may

include:

(1) a license application fee that reflects the cost of reviewing a new solid waste

management system or a substantial change to an existing facility;

(2) a flat annual license renewal fee that reflects a minimal base fee related to the fixed

costs of an annual inspection and license renewal and that is based upon the categorization of

solid waste management systems into separate classes identified by the following criteria:

(A) the quantity of solid waste received. by. the. solid waste management system;

(B) _ the nature of the solid waste received:

management system; and, =e -—

(3) a tonnage or volume-based fee on solid waste disposa;.

(b) Ail fees collected must be deposited in a Solid Waste Management Account to be

established.

SECTION 46-2-4. Penalties For Failure To Pay.

A person who owns a Solid Waste Disposal Facility that is subject to fees under this Chapter

and who fails lo pay the fee in the manner provided by Department rule is subject to a fine of not

more than $2,000 or imprisonment not to exceed six (6) months, or both, and shall reimburse the

Department for the amount of the fee owed as well as interest calculated at the legal rate and any

and all costs and expenses incurred, including reasonable attorney’s fees.

SECTION 46-2-5. Solid Waste Management Account,

(a) There shall be established a Solid Waste Management Account;

(b) There must be deposited in such account:

(1) all revenue from the solid waste management fees; and,

(2) money received by the Department in the form of legislative appropriations,

reimbursements, gifts, Federal funds, or appropriations from any source that is intended to be

used for the purposes of the account, and,

Chapter.

TITLE 46. SOLID WASTE CODE

OMAHA TRIBAL CODE (2013)

SECTION 46-2-6. Inspections.

The Department has continuing authority and responsibility to inspect a Solid Waste

Management System, Solid Waste Management Facility, Resource Recovery System, Resource

Recovery Facility, or any other facility authorized, licensed or permitted hereunder, which

inspections may be conducted only during reasonable hours and only after presentation of

appropriate credentials identifying the inspector as a duly authorized employee of the Department.

SECTION 46-2-7.. Groundwater Monitoring.

(a) Owners and operators ofa Solid: Waste Management System, Solid Waste

Management Facility, Resource. Recovery System, or Resource Recovery Facility are required to

monitor groundwater as specified by the Department;

(b) Based on site-specific information that owners and operators of.a Solid Waste

Management System, Solid Waste Management Facility, Resource Recovery System, or Resource

Recovery Facility provide to the Department, the Department shall establish a priority compliance

list that identifies those sites where there is the greatest risk that constituents from the sites may

cause pollution of ground water, consideri ing:

(1): proximity. to current-and potential drinking water supplies;

(2) site hydrologic and geologic « characteristics; and,

6) age and design of the site;

() Owners and operators of a Solid Waste Management System, Solid Waste

Management Facility, Resource. Recovery System, or Resource Recovery Facility shall submit:

proposed plans to the Department for accomplishing groundwater monitoring, consistent with”

requirements specified by Department rules, and the Department may approve the plans as

submitted or require modifications to the plans as necessaty. to accomplish the purposes of this.

Chapter.

SECTION 46-2-8. ~ Disposal.

(a) Unless the context indicates otherwise, or other provisions are made herein in this

Chapter, all Solid Waste shall be prepared-for collection or disposed of as follows for example:

(1) Solid Waste. A permitted commercial hauler shall provide residential containers

approved by the Department, except that the Department or permitted hauler may furnish

large dumpsters or containers to commercial or residential customers for.the accumulation,

- storage, and collection of all solid waste; the containers shall be kept'in good repair and

“sanitary Condition; all solid waste.of any nature must be suitably contained or properly

prepared to be acceptable for collection;

(2) Garbage. Garbage shall be drained and wrapped and placed ina container So as not

to attract flies, animals, or other organisms that transmit pathogens; «

(3) Bulky Refuse. Bulky refuse and furniture shall be. placed i in containers or beside

them or tied in bundles and set-out for collection, however the weight of a loaded container or

bundle shall not exceed sixty (60) pounds; discarded boxes and cardboard shall be flat when

placed into a container or dumpster; and,

(4) Brush. Brush shail be cut and neatly stacked for disposal; brush may be placed in

containers and dumpsters, but must readily fall out when such is emptied and shall not extend

over the top edge of the container, be compacted, or wedged so as to result in impeding

collection.

SECTION 46-2-9. Prohibited Disposal.

(a) No person may dispose of Solid Waste except as permitted under this Chapter;

TITLE 46. SOLID WASTE CODE

OMAHA TRIBAL CODE (2013)

(b) It shall be unlawful to dump or leave any Solid Waste, dead animal, or other debris

or refuse:

(J) in or upon any lake, creek, river, pond, reservoir, highway, road, street, or alley;

(2) in or upon any public property;

(3) within 200 yards of any such lake, creek, river, pond, reservoir, highway, road,

street, alley, or public property; or,

(4) in or upon any private property, provided this subsection shall not apply to the owner

of such private property, his agents, or others having the owner’s consent; however, such

owner shall not permit any Solid Waste, dead animal, or other debris or refuse to be dumped

or left in the places specified in subsection (2)(c) of this section;

Solid Waste that is generated in reasonable association-with his household or agricultural

operations upon land owned by that person so long.as such land ownership holding is in excess of

five (5) contiguous acres and such disposal does not create a nuisance, public health or safety or

natural environment hazard or violate any laws governing the disposal of hazardous or deleterious

substances;

(d) IL is expressly prohibited, and shall be unlawful, for any person to openly burn

except as authorized by the Department; and,

(e) Any person in violation of this Section is absolutely liable and is subject to civil

penalties;

SECTION 46-2-10... License Required.

(a) ~.. Except as provided under Section ‘Prohibited Disposal” t herein, a person may not

dispose of solid waste or operate a Solid Waste Management System, Solid Waste Management

Facility, Resource Recovery System, or Resource Recovery Facility without a license from the

Department;

(b) The Department shall provide application forms for a license as provided in this

Chapter;

applicant, the location of the proposed Solid Waste Management System, Solid Waste

Management Facilily, Resource Recovery System, or Resource Recovery Facility, a plan of

operation, maintenance, and monitoring, and such other information as the Department may by

rule require;

(d) The license provided for in this Section ts for a period not to exceed twelve (12)

months unless renewed by the Department;

(e) The Department may require submission of a new application if the Department

determines that the plan of operation, maintenance, and monitoring, the management of the

facility, or the geological, air, or groundwater conditions have changed since the license was

initially approved.

SECTION 46-2-11. Revocation or Denial of License by Department.

The Department may deny or revoke a license issued hereunder after giving the applicant

written notice and an opportunity to be heard before the Board, and the decision to deny or revoke

a license may be made only after a finding that a Solid Waste Management System, Solid Waste

Management Facility, Resource Recovery System, or Resource Recovery Facility cannot be

operated or is not being operated in compliance with this Chapter, or a rule or order issued

pursuant to this Chapter.

TITLE 46. SOLID WASTE CODE

OMAHA TRIBAL CODE (2013)

SECTION 46-2-12. Administrative Enforcement.

(a) When the Department believes that a violation of this Chapter, or a rule adopted

pursuant to the authority of this Chapter, or a violation of an order issued pursuant to the authority

of this Chapter, or a violation of a permit provision has occurred, it may serve written notice of the

violation on the alleged violator or his agent, which notice must specify the provision of law, rule,

order, or permit alleged to be violated and the facts alleged to constitute such violation, and may

include an order to take necessary corrective action within a reasonable period of time stated in

such order, which order shall become final unless, within twenty (20) days after the notice is

served, the alleged violator, or his agent, requests in writing a hearing before the Board. On

receipt of such request, the Board:shall schedule a hearitg. Service by mail is complete on the

date of mailing;

(b) If, after-a hearing, the Board finds that.a violation has oceurred, it shall either affirm

or modify the Department’s order, and an order by the: Department or the Board may prescribe the

date by which the violation must cease and may prescribe time limits for particular action,

however, if after hearing, the Board finds no violation has occurred, it shall rescind the

Department’s order; :

voluntary compliance through warning, conference, or any ether appropriate means.

SECTION 46-2-13. Civil Penalties.

(a) A-person who violates any provision ‘of this Chapter, a rule adopted under this

~ Chapter, an order of the Board or Department, or-a license or permit provision is subject to a civil

penalty not to exceed $1,000, with each day of violation constituting a separate violation;

“(b) The Department may institute and maintain in the name of the Omaha Tribe any

enforcement proceedings under:this Section, and upon request, the Omaha Tribal Attorney shall

petition the Omaha Tribal Court to impose, assess, and recover the civil penalty;

Solid Waste Management Account. . oes

SECTION 46-2- 14. Actions.

The Department may, through the Omaha Tribal Attorney, institute and maintain in Omaha

Tribal Court enforcement actions as provided in this Chapter, including actions to collect.a civil

penalty, a criminal penalty, or to enjoin the operation of a Solid Waste Management System, Solid

Waste Management Facility, Resource Recovery System, or-Resource Recovery Facility that is in

violation of this Chapter, a rule adopted pursuant to the authority of this Chapter, an order issued

pursuant to the authority of this Chapter, or a permit provision.

SECTION 46-2-15. Penalty For Violations.

(a) A person violating this Chapter, a rule adopted pursuant to the authority of this

Chapter, an order issued pursuant to the authority of this Chapter, ora permit provision is guilty of

a misdemeanor and upon conviction shall be fined not t less than’$500 or more than $5,000.

(b) Each day upon which a violation occurs is a separate violation.

CHAPTER 3. JUNK VEHICLES

SECTION 46-3-1. Shielding.

(a) A motor vehicle wrecking facility or graveyard may not be approved for use or

licensed if the facility cannot be shielded from public view;

TITLE 46. SOLID WASTE CODE

OMAHA TRIBAL CODE (2013)

(b) Notwithstanding the provisions of this Chapter, any person owning or possessing one

or more junk vehicles, regardless of ownership, shall shield the vehicles from public view or

remove the vehicles to a licensed motor vehicle wrecking facility or to a licensed motor vehicle

graveyard;

offered for sale, retained by active farming or ranching operations for repair and maintenance of

vehicles, or agricultural equipment used in their operations are exempted from this requirement.

SECTION 46-3-2. Motor Vehicle Wrecking Facility and Motor Vehicle Graveyard Licenses.

(a) A person may not conduct, maintain, or operate a motor vehicle wrecking facility or

motor vehicle graveyard without a license issued by the Department;

(b) Application for the license must be made on forms furnished by the Department;

be quarterly prorated for new facilities;

(d) A license must be displayed in a prominent place in the licensed facility;

(e) A license expires on December 31 of the year issued;

(f) if a motor vehicle wrecking facility or motor vehicle graveyard ceases to do

business, the license must be surrendered to the Department; and,

(g) A license in neither transferable nor refundable.

SECTION 46-3-3. Records Required of Facilities.

(a) Each motor vehicle wrecking facility shall maintain books or files in which are kept

a record and description of every junk vehicle obtained by: such facility, together-with the name

and address of the person from whom the vehicle was purchased;

(b) This record must also.contain:

(1) the certificate of title, sheriff's certificate of sale, notarized bill of sale from the

former owner or person selling the vehicle, release of ownership or interest in the motor:

vehicle, or sheriffs release;

(2) the name of the State where the vehicle was last registered;

(3) the make of the vehicle;

(4) the vehicle identification number (VIN), identification number, or serial number;

(5) the date purchased or otherwise obtained; and,

(6) the disposition of the vehicle;

inspect, have access to, and copy records required under this Section.

SECTION 46-3-4. Disposal of Junk Vehicles — Records.

Quarterly, each motor vehicle wrecking facility shall provide to the Department, on a form

approved by the Department, a list of all junk vehicles received by the motor vehicle wrecking

facility during the quarter, stating the year, make, and complete identification number of each

vehicle, as well as such other records, documents, and other information as may be requested by

the Department.

SECTION 46-3-5. Denial, Suspension, or Revocation of License.

(a) The Department may deny or suspend a motor vehicle wrecking facility’s license on

TITLE 46. SOLID WASTE CODE

OMAHA TRIBAL CODE (2013)

any of the following grounds:

(1) the applicant or licensee sold or otherwise disposed of a motor vehicle, or any

component thereof, knowing the vehicle or component to be stolen or otherwise appropriated

without the consent of the owner;

(2) the applicant or licensee committed forgery on a certificate of title covering a vehicle

that has been reassembled from parts obtained from the disassembling of other vehicles;

(3) the applicant or licensee committed any illegal act or omission that has caused loss

as the result of a sale of a motor vehicle, or component part;

(4) the applicant or licensee failed to comply with this Chapter or with a rule of the

Department; or, : :

(5) the applicant or licenses obtained a license fraudulently,

(b) <The Department may revoke a motor vehicle wrecking facility’ s license on the

following grounds: “ :

(1) the license was suspended pursuant to Department action and the facility failed to

_ cure the defect or defects underlying the suspension during the period of suspension; or,

(2) the license was suspended and after suspension, the licensee performed an act that is

grounds for suspension at any time during the remaining active life of the facility.

SECTION 46- 3- 6. Appeals.

A decision by the Department to issue, deny, or revoke a motor vehicle wrecking facility or

motor vehicle graveyard license may be appealed to the Board. within thirty (30) days after recgipt

of official notice of the Deparment’ s decision. ce

‘SECTION 46-3-7.. Motor Vehicle Wrecking Facilities and Motor - Vehicle Graveyards. =

Licensing Process.

(a) When an application for a motor vehicle witecking facility or motor vehicle

_ graveyard is filed:with the Department, the Department shall notify by mail:

(1) each owner of property. adjoining the proposed facility; and; .

(2) a newspaper of general circulation i in the area where the proposed facility i is.to be

located; - , :

(b) Within thirty (30).days of. the notification in subsection (1), the Department shall

conduct a public hearing to determine. whether the proposed facility will significantly affect the

quality of life of adjoining landowners and the surrounding community; :

consider the effect of the proposed facility on adjoining x landowners and. land uses.

SECTION 46-3-8. Disposal of Damaged Vehicle when Insurance. Company Settles at Total

Loss. &

An insurance company settling an insurance claim on a damaged motor vehicle as a total loss

less salvage may dispose of the motor vehicle at a motor vehicle wrecking facility only if it is

licensed under the provisions of this Chapter.

SECTION 46-3-9. Inspections.

The Department, through its designated representative, shall inspect each licensed motor

vehicle wrecking facility or motor vehicle graveyard, consistent with rules adopted by the

Department.

TITLE 46. SOLID WASTE CODE

OMAHA TRIBAL CODE (2013)

SECTION 46-3-10. Administrative Enforcement.

(a) When the Department determines that a violation of this Section, a violation of a rule

adopted under this Section, or a violation of a license provision has occurred, iL may serve written

notice of the violation on the alleged violator or the violator’s agent, which notice shall specify the

law, rule, or license provision alleged to be violated and the facts alleged to constitute a violation,

and may include an order to take necessary corrective action within a reasonable period of time,

and which order becomes final thirty (30) days after notice is served unless the person named

requests, in writing, a hearing before the Board. On receipt of the request for a hearing, the Board

shall schedule a hearing. Service by mail is complete on the date of mailing;

(b) If, after a hearing, the Board finds that a violation has occurred, it shall either affirm

or change the Department’s order, which order may prescribe the date by which the violation must

cease and may prescribe time limits for particular action, and if, after a hearing, the Board finds

that a violation has not occurred, it shall rescind the Department’s order;

conference, or any other appropriate means before issuing an order.

SECTION 46-3-11. Injunction — Action to Collect Civil Penalty — Authority of Department.

(a) The Department may sue to enjoin the operation or maintenance of a motor vehicle

wrecking facility or graveyard either permanently or until compliance with this Chapter, rules of

the Depariment, or an order issued pursuant to this Chapter has been demonstrated;

(b) The Department may sue in Omaha Tribal Court to collect a civil penalty;

Tribal: Court to enjoin further operation or. maintenance of a motor vehicle wrecking facility or

graveyard or to impose, assess, and recover a civil penalty, as appropriate;

(d) ... The Department, through the Omaha Tribal Attorney, may sue in Omaha Tribal

Court to collect-a civil penalty for violations discovered during Departmental inspections.

SECTION 46-3-12. Penalties.

(a) A person who violates this Section is guilty of a misdemeanor and upon conviction

shall be fined not to exceed $500, imprisoned for a term not to exceed thirty (30) days, or both;

(b) A person who violates this Section, a rule of the Department adopted under this

Section, or an order issued as provided in this Section shall be subject to a civil penalty of not

more than $100, further provided that each day upon which a violation of this Section or a rule or

order occurs is a separate violation.

SECTION 46-3-13. Disposition of Money Collected.

All money collected or otherwise received for motor wrecking facility license fees, fines or

penalties must be deposited in the Solid Waste Management Account.

CHAPTER 4. CERCLA PARTICIPATION

The Omaha Tribal Council finds that the public health, safety, and welfare ts appropriately

protected through cooperation with the Federal government under the Federal Comprehensive

Environmental Response, Compensation, and Liabthty Act of 1980 (Public Law 96-510) to

provide for the disposal and control of appropriate wastes and substances in a safe and

environmentally sound manner, and provides that such cooperation is accomplished in another

Tribal Code Section (hazardous wastes).

TITLE 46. SOLID WASTE CODE

OMAHA TRIBAL CODE (2013)

CHAPTERS. INTEGRATED WASTE MANAGEMENT

SECTION 46-5-1. Solid Waste Reduction.

It is the goal of the Omaha Tribe to reduce the volume of solid waste that is either disposed of

in a landfill or incinerated.

SECTION 46-5-2. Integrated Waste Management Priorities.

(a) It is the policy of the Omaha Tribe to-plan for and implement an integrated approach

to solid waste management, which must be based on the following order of priority:

(1) reduction of waste generated at.the source;

(2) reuse of waste:

GB) recycling of waste; :

(4) composting of biodegradable waste; and,

(5). landfill disposal or incineration.

SECTION 46-5-3. Solid Waste. Management Plan.

(a) - Aga basis for developing an integrated waste management program. and ensuring _

adequate disposal capacity, the Department shall prepare and implement a solid waste

management planin accordance with this Section; :

(b) The plan must be comprehensive and integrated and must include at least the

following. elements: ,

(1) a capacity z assurance elefaent that identifies ex xisting disposal capacity, estimates

“waste generation rates, and determines the disposal capacity needed for the future and that

assesses the potential effect of off- Reservation disposal on capacily;

(2) an element that incorporates Federal Regulations 40 C.F.R. 257 and 258;

(3) an n element that identifies the role of each of the components of the integrated waste

management priorities in meeting solid waste reduction; _ : a

(4) a technology assessment element that assesses the availability and practicality of

alternative technologies for solid waste management;

(5) an education and public information element that identifies existing education and

information programs and describes how the Omaha Tribe will increase the awareness and

cooperation of the public in environmentally safe solid waste management,

(6) a special waste and household hazardous waste element that identifies types and

quantities of wastes that create special disposal problems and recommends methods for

reducing, handling, collecting, transporting, and disposing of those wastes and that identifies

existing and future strategies for managing | those wastes;

(7) an element that identifies the needs of rural communities and management strategies

to address those needs;

(8) an element that identifies mechanisms to ensure proper training of landfill operators;

and,

(9) a timeline and implementation strategy for each of the plan elements;

and recycling industries, environmental organizations, and others involved in the management of

solid waste;

TITLE 46. SOLID WASTE CODE

OMAHA TRIBAL CODE (2013)

(d) The Department shall conduct hearings after notice;

(e) The plan shall be evaluated every five (5) years and updated as necessary.

CHAPTER 6. INFECTIOUS WASTE MANAGEMENT

SECTION 46-6-1. Purpose.

The purpose of this Section is to protect the public health, safety, and welfare and natural

environment by developing and implementing infectious waste management policies that are

reasonable, cost-effective, aesthetically pleasing, and environmentally acceptable.

SECTION 46-6-2.:° Prohibition.

No person may treat, store, transport, or dispose of infectious waste in a manner not

authorized under the provisions of this Section or rules adopted under the provisions of this

Section.

SECTION 46-6-3. Management Standards — Procedures.

(a) Infectious waste must be separated from ordinary waste at the point of origin and

stored until the waste is rendered non-infectious in separate, distinct containers with biohazard

warning labels in compliance with the following procedures:

(1) sharps must be contained for storage, transportation, treatment, and subsequent

disposal in leakproof, rigid, puncture-resistant containers that must be taped closed or capped

securely to prevent loss of contents; and,

(2) infectious waste other than sharps must be contained in moisture-proof disposable

containers or bags of sufficient strength to prevent ripping, tearing, or bursting under normal

conditions of use, such bags must be securely tied to prevent leakage or expulsion of solid or.

liquid: wastes during storage; ane

(b) To inhibit the spread of infectious agents, infectious waste must be stored prior to

treatment in a secured area that prevents access by unauthorized personnel and must be clearly

marked or labeled as infectious;

other mechanical manipulation that might cause the release of infectious agents;

(d)

(1) Treatment and disposal of infectious waste must be accomplished through the

following methods:

(A) incineration with complete combustion that reduces infectious waste to

carbonized or mineralized ash;

(B) steam sterilization that renders infectious waste non-infectious; or

techniques approved by Federal authorities;

(2) Liquid or semi-solid infectious waste may be discharged into a sewer system that

provides secondary treatment or into a primary treatment sewage system if waste ts first

sterilized by chemical treatment; a sub-surface disposal system installed and operated in

accordance with sanitary regulations 1s, for the purposes of this subsection (b), a sewer system

providing secondary treatment;

(3) fetal remains or recognizable body parts other than teeth must be disposed of by

incineration or interment;

TITLE 46. SOLID WASTE CODE

OMAHA TRIBAL CODE (2013)

(e) If infectious waste has been rendered non-infectious by one of the methods listed in

subsection (4) and is no longer biologically hazardous, it may be mixed with and disposed of with

ordinary waste in the following manner:

(1) Steam sterilized waste must be labeled identifying it as such with heat sensitive tape

or bagged in marked autoclavable bags;

(2) Chemically treated waste or waste otherwise treated under subsection (4)(a)(iii) must

be appropriately labeled;

(f) Infectious waste may be transported by the generator or a regulated commercial

hauler to an offsite treatment facility if the waste is. confined | ina a leakproof, non-compacting, fully

enclosed vehicle compartment; “

(g)

(1). Infectious waste that has been treated by one of the methods in | subsection (4) may be

cee of in_a properly operated, licensed landfill; 7

ee Q) Untreated infectious waste may not be disposed of at a properly operated, licensed

landfill;

(h) An employee who handles or manages infectious waste must receive training

provided, by the employer that is adequate fo ensure safe performance of duties;

(i) Generators and transporters of infectious waste shall develop a t contingency plan to

~ handle spills and equipment failure.

"SECTION 46-6-4. Licensing and Regulation.

(a) The Department shall license a profession, ecupition, or health c care facility that

generates infectious waste and shall require each licensee to comply with this Section as a

condition of licensure; further, the Department shall adopt rules-to implement this Chapter and

may impose and adjust annual fees commensurate with the costs of regulation;

(b) A profession, occupation, or health care facility that generates or transports

infectious waste or that operates treatment, storage, or disposal facilities regulated by this Section

must obtain a permit annually from the Department; further, the Department shall adopt rules to

implement this Section and may establish an nannal fee commensurate with the costs of

regulation.

SECTION 46-6-5.... Fees.

"Fees collécted under the provisions of this Sectionsmust be deposited i in the Solid Waste

Management Account. :

CHAPTER 7. NOTICE OF MOTOR OIL RECYCLING CENTER

SECTION 46-7-1. Waste Oil Notice... = |

(a) Each retailer and wholesaler offering motor oil for sale shall visibly display at an

appropriate location within the retail store or wholesale outlet a sign indicating the location of the

nearest waste oil recycling collection center;

(b) The Department shall design an oil recycling sign to be used by retailers and

wholesalers; the Department may establish the specifications for the sign by rule.

CHAPTER 8 SEPTAGE DISPOSAL

TITLE 46. SOLID WASTE CODE

OMAHA TRIBAL CODE (2013)

SECTION 46-8-1. Rulemaking Authority.

(a) Except as provided in subsection (4), the Department shall adopt rules governing the

licensure of a person engaged in the business of cleaning cesspools, septic tanks, and privies or

disposing of septage, which rules must provide:

(1) procedures for issuance, denial, renewal, and revocation of licenses;

(2) requirements that provide for the sanitary disposal of septage, including:

(A) application of septage to agricultural land, forest land, and reclamation sites;

(B) standards governing rates of application;

(i) pathogen restrictions and treatment requirements,

(ii) vector attraction reduction requirements;

(ili) frequency of monitoring; and,

(iv) recordkeeping requirements; and,

(3) surface disposal standards, including:

(A) the vector attraction reduction requirements for septage placed on an active

sewage sludge unil;

(B) ..the frequency of monitoring required when septage ts placed on an active

sewage sludge unit;

and, : > 2 Ta :

(D) requirements for the disposal of waste from:

(i) cesspools, septic tanks, portable toilets, and other similar treatment

works that receive industrial wastewater or grease removed from grease traps; and,

(ii) grease traps.

SECTION 46-8-2. License Required.

(a) Except as provided in subsection (2), a person may not engage in the business of

cleaning cesspools, septic tanks, or privies or dispose of septage unless licensed by the

Department;

(b) An owner or lessee of property from which seplage is removed may dispose of that

septage on that person’s property if:

(1) the person pumps the septage with the person’s equipment or retains a person

licensed pursuant to the provisions of subsection (1) to pump the septage; and,

(2) the disposal does not violate disposal restrictions or rules or create a nuisance of

public health hazard.

SECTION 46-8-3. Application For License.

(a) An application for a license must be made to the Department on forms provided by

the Department, which application must contain:

(1) the full name and business address of the applicant;

TITLE 46. SOLID WASTE CODE

OMAHA TRIBAL CODE (2013)

(2) a list of where the business is to be conducted and the location of the disposal sites

that the applicant intends to use during the permit year;

(3) for each disposal site listed pursuant to subsection (2), a certification by the

Department that the site meets all applicable requirements;

(4) written permission to use each proposed disposal site signed by the owner, manager,

or other person authorized to give permission to use the disposal site; and,

(5) any additional information required by rule.

SECTION 46-8-4. License Term, Renewal, and Fees,

(a) A license expires on December 31 of each ‘calendar year, provided however, a

license is renewable in accordance with procedures established in adopted rules and upon receipt

of the application provided for in subsection (2) of this Section, further provided however, a

license isnot transferable and if a person ceases to do business, the ligense terminates and the

license:must be returned to the Department;

(by Amapplication for renewal of a license must be made on a form provided by the

Department, which application must.contain:

() the full name and address ofthe licensee; -

(2) a list of locations in which business i 18.10. be conducted during the reriewal term: :

3) a list of disposal sites that the licensee intends to use during the term of the renewal;

(4) for each disposal site.listed pursuant to: subsection.(2)(c) but-not previously listed by

the licensee for the year immediately preceding the renewal year;

(A) a certification that the site meets all applicable requirements; and,

{B) written permission to-use the site signed by the Owner, manager, or-other person

authorized to give permission to use the site; and,

(5) any additional information required by the Department by rule;

Department at the time of application for the license or renewal;

(d). In addition to the license fee required under subsection (3), the Department shall

collect a late fee from any person that has failed to submit a license fee between January 31 and

April 1 of a‘rénewal year and that operates a business governed by this Section'in the renewal

year, which late fee is $250. ue

SECTION 46-8-5. Injunction.

(a) The Department may sue to enjoin the operation or maintenance of a septage

collection or disposal operation until compliance with this Section, the rules of the Department, or

an order issued pursuant to:chis Section has been demonstrated, .

(b) Upon request of the Department, the Omaha Tribal Attomey may petition the Omaha

Tribal Court to enjoin further operation or maintenance of the septage collection or disposal

operation.

SECTION 46-8-6. Department Revocation or Denial of License.

The Department may deny or revoke a license after giving the applicant written notice and an

opportunity for a hearing before the Board. The decision to deny or revoke a license may be made

only after a finding that a business or disposal site cannot be operated or is not being operated in

compliance with this Section or a rule or order issued pursuant to this Section.

TITLE 46. SOLID WASTE CODE

OMAHA TRIBAL CODE (2013)

SECTION 46-8-7. Administrative Enforcement.

(a) if the Department believes that a violation of this Section, a rule adopted under this

Section, or an order issued under this Section has occurred, 1l may serve written nolice of the

violation, by certified mail, on the alleged violator or the violator’s agent, which notice must

specify the provision of this Section, the rule, or the condition of approval alleged to have been

violated and the facts alleged to constitute a violation; the notice must also include an order to take

necessary corrective action within a reasonable period of time, which time period must be stated in

the order; provided further that service is complete on the date of mailing;

(b) If the alleged violator does not request a hearing before the Board within thirty (30)

days of the date of service, the order is final and failure to comply with a final order may subject

the violator to further action;

the date of service, the Board shall schedule a hearing, and after such hearing, the Board may:

(1) affirm or modify the Department’s order issued under subsection (1) if the Board

finds that a violation has occurred; or,

(2) rescind the Department’s order if the Board finds that a violation has not occurred;

(d) An order issued by the Department under this Section may set a date by which the

violation must cease and set a time limit for the violator to correct the violation;

(e) An action initiated by the Department under this Section may include an

administrative penally not to exceed $500 for each day of violation.

_ SECTION 46-8-8. - Penalties and Fines.

(a) A person. who disposes of septage in violation of this Section or of the standards.

adopted pursuant to the authority of this Section is guilty of a | misdemeanor, and upon conviction

shall be fined an amount not to exceed $1, 000;

(b) A-‘person who violates this Section ora rule o or order adopted pursuant to this Section

is subject to a civil penalty of not more than $500, with each day that a violation of this Section, a

rule of the Department, or an order issued pursuant to this Section occurs constitutes a separate

violation, and the Department or the Omaha Tribal Attorney may file an action to collect the

penalty,

SECTION 46-8-9. Fees.

Fees, penalties and fines collected under the provisions of this Section must be deposited in

the Solid Waste Management Account.

CHAPTER 9. MISCELLANEOUS

SECTION 46-9-1. Compliance with other Laws and Regulations.

Compliance with this Chapter and rules, regulations, and orders promulgated or issued

hereunder does not relieve a person or other entity of the obligation to comply with other

applicable laws and regulations.

SECTION 46-9-2. Severability.

If any provision of this Chapter, or the application of this Chapter, or any rules, regulations, or

orders promulgated or issued hereunder to any person or other entity or circumstance, is held

invalid, the remainder of this Chapter and provisions hereof, and/or application thereof, to other

persons or other entities or circumstances shall remain unaffected.

TITLE 46. SOLID WASTE CODE

OMAHA TRIBAL CODE (2013)

SECTION 46-9-3. Consensual Relations.

Any person who uses land anywhere within the exterior boundaries of the Omaha Indian

Reservation and any person who enters into agreements or understandings with the Omaha Tribe

or its members and residents by commercial dealings, contracts, leases, licenses, permits,

intergovernmental agreements, or other arrangements, commercial or otherwise, shall be deemed

to have entered into a consensual relationship with the Omaha Tribe or its members.

SECTION 46-9-4. Applicability.

Any person who is anywhere within. the exterior boundaries of the Omaha Indian Reservation

and other lands within the jurisdiction of the Omaha Tribe, whether on trust or non-trust lands,

agrees to comply with, and is subject to this Chapter, and any rules or regulations promulgated

hereunder, all tribal laws, and all orders of the Tribal Council, the Department, and the Tribal

Court; and all such persons shall-be deemed to have consented to the civil jurisdiction of the

Omaha Tribal Court, and shall-be subject to civil prosecution, civil penalties, civil.damages, or any

other civil remedies imposed or awarded by the rules, regulations or orders promulgated or issued

hereunder.

48 14-3299-5079, vd

TITLE 46. SOLID WASTE CODE

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