# OMAHA TRIBAL CODE (2013) > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/tribal%3Aomaha_of_nebraska%3Acee3d962b0b79118 ## Record - **Collection:** Tribal code - **Document type:** Tribal code ## Text OMAHA TRIBAL CODE (2013) 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. 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; 20 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; (c) The-fee for a license, including renewal ofa license, is $250; payable to the 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. 2] 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; (c) If the alleged violator requests a hearing before the Board within thirty (30) days of 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. 22 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 23 TITLE 46. SOLID WASTE CODE --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Aomaha_of_nebraska%3Acee3d962b0b79118. Public record. Not legal advice.