# Oneida Business Committee (2026)

> Briefs, arguments, decisions, and more.

URL: https://www.frixlaw.com/law-library/documents/tribal%3Aoneida_nation%3Ad4328b45e541802b

## Record

- **Collection:** Tribal code
- **Document type:** Tribal code

## Text

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Oneida Nation

Oneida Business Committee
Legislative Operating Committee
PO Box 365 • Oneida, WI 54155-0365

Oneida-nsn.gov

~
ONEIDA

LEGISLATIVE OPERATING COMMITTEE MEETING AGENDA REVISED
Business Committee Conference Room - 2nd Floor Norbert Hill Center
March 18, 2026
9:00 a.m.
I.

Call to Order and Approval of the Agenda

II.

Minutes to be Approved
1. March 4, 2026 LOC Meeting Minutes (pg. 2)

III.

Current Business
1. Code of Ethics Amendments (pg. 5)
2. Pardon and Forgiveness Law Amendments (pg. 40)
3. Recycling and Solid Waste Disposal Law Amendments (pg. 69)
4. Budget and Finances Law Amendments (pg. 112)
5. Boards, Committees, and Commissions Law Amendments (pg. 158)

IV.

New Submissions

V.

Additions

VI.

Administrative Updates
1. Certification of Leasing Law Rule No. 2 – Agricultural Leasing Amendments (pg. 207)

VII.

Executive Session

VIII. Recess/Adjourn

A good mind. A good heart. A strong fire.

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Oneida Nation

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Oneida Business Committee
Legislative Operating Committee

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PO Box 365 • Oneida, WI 54155-0365

ONEIDA

Oneida-nsn.gov

LEGISLATIVE OPERATING COMMITTEE MEETING MINUTES
Oneida Business Committee Conference Room-2nd Floor Norbert Hill Center
March 4, 2026
9:00 a.m.
Present: Jameson Wilson, Jennifer Webster, Kirby Metoxen, Jonas Hill
Unexcused: Marlon Skenandore
Others Present: Grace Elliott, Carolyn Salutz
Others Present on Microsoft Teams: Rae Skenandore, Ashley Blaker, Rhiannon Metoxen,
Clorissa Leeman, Kaylynn Beily, Trina Schuyler, Fawn Billie, Kristal Hill, Tavia James-Charles,
Fawn Cottrell, Peggy Helm-Quest, Melissa Alvarado. Grace Koehler, Joel Mikulsky, Misty Lee
Herzog, Sidney White, Ralinda Ninham-Lambries, Ronald Van Schyndel, Linda Dallas, Terri
Schiltz, Diane Wilson.
I.

Call to Order and Approval of the Agenda
Jameson Wilson called the March 4, 2026, Legislative Operating Committee meeting to
order at 9:00 a.m.
Motion by Jennifer Webster to adopt the agenda; seconded by Kirby Metoxen. Motion
carried unanimously.

II.

Minutes to be Approved
1. February 18, 2026 LOC Meeting Minutes
Motion by Kirby Metoxen to approve the February 18, 2026, LOC meeting minutes and
forward to the Oneida Business Committee; seconded by Jennifer Webster. Motion carried
unanimously.

III.

Current Business
1. Elder Protection Law
Motion by Jonas Hill to approve the legislative analysis and the public meeting packet for
the Elder Protection Law and forward to a public meeting to be held on April 16, 2026;
seconded by Kirby Metoxen. Motion carried unanimously.
2. Uniform Commercial Code. Motion by Jennifer Webster to approve the legislative
analysis and the public meeting packet for the Elder Protection Law and forward to a public
meeting to be held on April 16, 2026; seconded by Kirby Metoxen. Motion carried unanimously.

"'

a=ka, which includes:
(a) Kahletsyal&sla. The heartfelt encouragement of the best in each of us.
(b) Kanolukhw@sla. Compassion, caring, identity, and joy of being.
(c) Ka>nikuhli=y%. The openness of the good spirit and mind.
(d) Ka>tshatst^sla. The strength of belief and vision as a People.
(e) Kalihwi=y%. The use of the good words about ourselves, our Nation, and our future.
(f) Twahwahts$laya=ka, which includes:
(a) Kahletsyal&sla. The heartfelt encouragement of the best in each of us.
(b) Kanolukhw@sla. Compassion, caring, identity, and joy of being.
(c) Ka>nikuhli=y%. The openness of the good spirit and mind.
(d) Ka>tshatst^sla. The strength of belief and vision as a People.
(e) Kalihwi=y%. The use of the good words about ourselves, our Nation, and our future.
(f) Twahwahts$lay$5,000);
▪ requirements for Pardon and Forgiveness Committee
recommendation;
▪ good-cause exception for missed payments;
▪ grounds for rescission for non-payment. [1 O.C. 126.6-3].
▪ Allow an applicant proceeding under the conditional waiver
(employment-only) to submit proof of a Pardon and Forgiveness
Committee-approved payment agreement instead of proof of full payment. [1
O.C. 126.6-4(a)(12; 126.6-4(b)(11)].
▪ Clarify that a pardon or forgiveness does not affect restrictions imposed under
the Nation’s Safe Neighborhoods law, in addition to existing sex-offender
requirements. [1 O.C. 126.9-1(c)].
▪ Require the Oneida Secretary’s Office to monitor payment-related conditions
and provide quarterly reports to the Pardon and Forgiveness Committee; and
clarify that monitoring is solely for eligibility enforcement, not decisionmaking. [1 O.C. 126.9-4].
▪ Authorize the OBC to rescind a pardon/forgiveness when a person fails to
meet a payment condition under 126.6-3, with notice and a 30-day cure
period; reinstates all prior ineligibilities. Includes subsections specifying:
▪ rescission is an eligibility action, not an employment action;
▪ notice must be issued per 126.10-4. [1 O.C. 126.10-7].
The purpose of this law is to establish a fair, efficient, and formal process through
which individuals may seek relief from certain barriers created by past actions.
Specifically, the Law provides a process for:
▪ Tribal members to receive pardons for criminal convictions;
▪ Tribal members to receive forgiveness for acts that make them ineligible for
Tribal housing or other Tribal benefits; and
▪ Tribal and non-Tribal individuals to receive forgiveness for acts that make them
ineligible for Tribal employment, occupational licenses, certifications, permits,
housing, or other Tribal benefits [1 O.C. 126.1-1(a)].

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Analysis to Draft 1
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Affected Entities
Related Legislation
Enforcement

Due Process

The Law further aims to ensure that decisions on pardons and forgiveness are made
based on demonstrated rehabilitation, trustworthiness, and commitment to lawful
behavior. It clarifies that a pardon or forgiveness does not override obligations
imposed by other jurisdictions and does not permit employment in occupations
where individuals are legally disqualified [1 O.C. 126.1-2].
Oneida Business Committee; Office of the Oneida Secretary (records); Pardon and
Forgiveness Committee, Oneida community members.
Personnel, Policies, and Procedures; Safe Neighborhoods.
▪ Individuals may be automatically ineligible if they are under investigation,
appealing a termination, incarcerated, or have outstanding penalties/fines,
unless they qualify for the employment-only conditional waiver under 126.6-3
[1 O.C. 126.6-2].
▪ Applications may be denied, returned, or removed if incomplete, and
misrepresentation can result in denial or later rescission of a granted pardon or
forgiveness [1 O.C. 126.6-5–6].
▪ Failure to appear at a hearing allows the Committee to postpone action or
recommend denial if documentation is not provided within ten (10) days [1
O.C. 126.8-3].
▪ After relief is granted, the OBC or Committee may impose conditions (e.g.,
restitution, community service) and restrictions on employment or other
benefits, and applicants must comply to retain restored eligibilities [1 O.C.
126.9-2–3].
▪ The Secretary’s Office must monitor compliance with payment conditions and
submit quarterly reports under the new monitoring requirement [1 O.C.
126.9-4].
▪ The OBC may rescind a pardon, forgiveness, or conditional waiver for failure
to meet payment obligations, reinstating all prior ineligibilities after notice and
a 30-day cure period [1 O.C. 126.10-7].
The Pardon and Forgiveness Law provides several due process protections to ensure
that applicants receive fair treatment throughout the pardon or forgiveness process.
Applicants have the right to a public hearing with at least thirty (30) days’ notice
sent by certified mail and posted in prominent locations, giving them adequate time
to prepare [1 O.C. 126.8-1]. They also have the ability to request alternate
arrangements, such as appearing by video conference, when residing outside
Wisconsin or when attendance is otherwise impractical—thus ensuring access to
participation even when physical presence is difficult [1 O.C. 126.8-2]. During the
hearing, applicants may provide oral testimony, submit documents, and respond to
questions; victims and witnesses may also participate directly or through notarized
statements, supporting transparency and full consideration of relevant information
[1 O.C. 126.8-4]. Due process is also reinforced by allowing applicants ten (10)
days to provide documentation if they miss a hearing for legitimate reasons,
preventing automatic denial without an opportunity to be heard [1 O.C. 126.8-3].
After the hearing, due process continues through structured, accountable
decision-making requirements. The Committee must deliberate in executive session
and issue a formal written recommendation explaining the reasons for approval or
denial, which is forwarded to the Oneida Business Committee (OBC) with all
supporting materials [1 O.C. 126.8-5]. The OBC must then make the final decision
by resolution in open session, including the reasons for the decision and a listing of
the specific crimes pardoned or acts forgiven, ensuring a clear and reviewable
record [1 O.C. 126.10-3]. Applicants must receive written notice of the final

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Analysis to Draft 1
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Public Meeting
Fiscal Impact

decision within ten (10) business days [1 O.C. 126.10-4]. Even in rescission
proceedings—added through these proposed amendments—individuals are entitled
to notice and thirty (30) days to provide proof of compliance before the OBC may
revoke a pardon, forgiveness, or conditional waiver, preserving fundamental
fairness before any loss of eligibility occurs [1 O.C. 126.10-7]. Collectively, these
provisions embed procedural fairness at each stage and ensure that decisions
affecting rights and opportunities are made transparently, with meaningful
opportunities for participation.
A public meeting has not yet been held.
A fiscal impact statement prepared in accordance with the Legislative Procedures
Act has not yet been requested.

SECTION 2. LEGISLATIVE DEVELOPMENT
A. Background. The Pardon and Forgiveness law was previously adopted and amended as follows:
Resolution BC-05-25-11- A and amended by Resolution BC-01-22-14-B.
B. Request for Amendments. The Pardon and Forgiveness law was added to the Active Files List on
February 18, 2026 at the request of the Oneida Business Committee.

SECTION 3. CONSULTATION AND OUTREACH
▪

•

Representatives from the following departments or entities participated in the development of the
amendments to this Law and legislative analysis:
▪ Pardon and Forgiveness Committee and
▪ Oneida Law Office;
The following laws of the Nation were reviewed in the drafting of this analysis:
▪ Personnel, Policies, and Procedures, and
▪ Safe Neighborhoods.

SECTION 4. PROCESS
A. The amendments to this Law comply with the process set forth in the Legislative Procedures Act.
▪ On February 18, 2026, the Legislative Operating Committee added this Law to its Active Files
List for amendments.
B. At the time this legislative analysis was developed the following work meetings had been held
regarding the development of the amendments to this law:
▪ February 25, 2026: LRO work session with Oneida Law Office.
▪ February 27, 2026: LRO work session with Oneida Law Office.
▪ March 4, 2026: LOC work session.
▪ Additionally, several email communications with the Pardon and Forgiveness Committee
occurred between February 23, 2026 and February 26, 2026.

SECTION 5. CONTENTS OF THE LEGISLATION
▪

Definitions. The proposed amendments add and expand several definitions to support the new
conditional-waiver and rescission procedures. Definitions are added or amended for the following

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Analysis to Draft 1
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▪

▪

▪

terms: Conditional Waiver [1 O.C. 126.3-1(d)], Employment Purposes [1 O.C. 126.3-1(j)],
Outstanding Penalties, Fines, or Other Debts (expanded) [1 O.C. 126.3-1(o)] and Rescind [1 O.C.
126.3-1(r)].
▪ Effect. Updating and expanding these definitions clarifies key concepts governing eligibility,
outstanding debts, employment-only applications, and rescission. These changes enhance
clarity in the Law, reduce ambiguity, and ensure consistent interpretation. They also support
the new conditional-waiver process by clearly defining the terms used to determine when an
applicant may be considered despite outstanding financial obligations. Definitions strengthen
procedural transparency and ensure parties understand the meaning and implications of new
mechanisms introduced in later sections.
Good mind and Sacred Trust Framework. The proposed amendments incorporate the Good Mind
teachings directly into the ethical foundation of the law. These teachings — including Kahletsyaḻlésla
(encouraging the best in each other), Kanolukhwát^sla (compassion and identity), Kaʔnikuhli.yo̱
(openness of spirit), Kaʔtshatst^sla (strength of vision), Kalihwi.yo̱ (good words), Twahwahtsilay̱ʌ́ (we
are all family), and Yukwatsistay̱ʌ́ (the fire within) — are identified as core expectations for OBC
members. [1 O.C. 126.1-2].
▪ Effect. This change re-roots the Code in Oneida cultural teachings, reinforcing that ethical
leadership is not merely procedural but spiritual, relational, and reflective of ancestral values.
It supports community understanding that leaders are called to uphold balance, compassion,
truth, and unity when carrying out their responsibilities.
Eligibility Exception for Employment-Only Applications. The proposed amendments create a narrow
eligibility exception allowing applicants with outstanding penalties or fines to proceed when the
application is made solely for employment purposes and the individual qualifies for a conditional
waiver. [1 O.C. 126.6-2(d)].
▪ Effect. This amendment allows individuals whose only barrier to employment eligibility is
unpaid financial obligations to have their applications considered, provided they enter an
approved payment plan under Section 126.6-3. This improves fairness by recognizing that
individuals may be employable even if they have outstanding debts, while still requiring
accountability for repayment. The effect is not to forgive any fines but to allow the employment
review to proceed under structured conditions.
Creation of Conditional Waiver Framework. The proposed amendments to the Law create A new
section—Conditional Waiver—is created to establish detailed requirements for when the Committee
may recommend an exception to ineligibility. This section includes: criteria for eligibility; required
written payment agreements; standard and extended repayment timelines; mandatory conditions
under Section 126.9-3; a good-cause exception for missed payments; and provisions linking
non-payment to rescission under Section 126.10-7.[1 O.C. 126.6-3].
▪ Effect. The new Conditional Waiver provides an avenue for employment eligibility without
altering or forgiving unpaid penalties or fines. It creates a structured, accountability-focused
mechanism to allow hiring while requiring applicants to demonstrate good-faith repayment
efforts. The framework strengthens the Law by promoting economic stability and
rehabilitation, while maintaining the integrity of outstanding obligations. The effect is to
balance individual opportunity with responsibility through a regulated and enforceable process.

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Analysis to Draft 1
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▪

Application Documentation Modified. The proposed amendments to the Law allow applicants
proceeding under the Conditional Waiver to submit proof of a Committee-approved payment agreement
in place of proof of full payment of penalties or fines. [1 O.C. 126.6-4(a)(12)], [1 O.C. 126.6-4(b)(11)].
▪ Effect. These amendments align application requirements with the new Conditional

Waiver process, ensuring applicants are not excluded solely because they have not yet
completed repayment. This supports accessibility and ensures consistency in how
employment-only applications are processed under the amended eligibility structure.

I

▪

▪

▪

Sex-Offender Restrictions Clarified. The proposed amendments to the Law specify that a Tribal pardon
does not affect registration, tracking, or other restrictions, including those imposed under the Nation’s
Safe Neighborhoods law. [1 O.C. 126.9-1(c)].
▪ Effect. This change reinforces public-safety protections by ensuring that pardons do not
override legal obligations associated with sex-offender status. It clarifies the continuing
applicability of safety-related restrictions and prevents misinterpretation regarding the impact
of a Tribal pardon.
Monitoring Requirements Added. The proposed amendments to the Law require the Tribal Secretary’s
Office to monitor compliance with payment-related conditions and provide quarterly reports to the
Committee. [1 O.C. 126.9-4].
▪ Effect. This amendment institutionalizes oversight of repayment obligations associated with
conditional waivers. By assigning an office to track compliance, the Law ensures consistent
enforcement, enhances accountability, and supports the OBC’s ability to determine when
rescission is warranted.
Rescission for Non-Payment Codified. The proposed amendments to the Law authorizes the OBC to
rescind a pardon or forgiveness when an individual fails to meet payment conditions imposed under
126.6-3, after notice and a 30-day opportunity to cure. [1 O.C. 126.10-7].
▪ Effect. This amendment establishes a clear legal mechanism for restoring prior ineligibilities
when an individual does not comply with repayment requirements. It ensures the Conditional
Waiver system is enforceable, protects the integrity of eligibility standards, and prevents
misuse of the waiver process. It also clarifies that rescission is an eligibility action, not an
employment disciplinary action.

SECTION 6. EXISTING LEGISLATION
A. Related legislation. The following laws of the Nation are related to the proposed amendments to this
Law:
▪ Personnel, Policies and Procedures. The purpose of the Personnel, Policies and Procedures
law is to provide employees with a ready source of information about employee related Oneida
Nation policies and procedures. The law addresses recruiting, selection policy, compensation and
benefits, employee relations, safety and health, program/enterprise rules and regulations,
recordkeeping, and privacy and confidentiality of employee records.
▪

The proposed amendments to the Pardon and Forgiveness law establish a narrow
eligibility exception for applications made solely for employment purposes, allowing
individuals with outstanding fines or penalties to proceed if they qualify for a conditional
waiver under [1 O.C. 126.6(2)(d)]. This change applies only where unpaid financial
obligations are the individual’s sole barrier to employment and requires participation in

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Analysis to Draft 1
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▪

an approved payment plan pursuant to [1 O.C. 126.6(3)]. The amendments do not forgive
or eliminate any fines or penalties; rather, they allow employment-related applications to
move forward under structured conditions that maintain accountability while preventing
financial barriers from permanently excluding otherwise qualified individuals from
employment.
Safe Neighborhoods law. The purpose of the Safe Neighborhoods law is not to impose a criminal
penalty but rather to serve the Nation’s compelling interest to promote, protect, and improve the health, safety,
and welfare of the reservation population by prohibiting sex offenders from loitering or residing in specified
areas around locations where vulnerable populations, including children, regularly congregate. This law
recognizes the right of sex offenders to reenter the community. Therefore, through this law the Nation balances
its responsibility to sex offenders with its responsibility to protect the surrounding community by promoting
regulatory measures which provide protections for the community that do not wholly prohibit sex offenders
from being part of this community. [3 O.C. 310.1-1]. It is the underlying policy of the law that due to the high
rate of recidivism for sex offenders, the Nation declares that sex offenders are a serious threat to the public
safety of vulnerable populations, including children, if regulatory measures are not in place that protect the
community by reducing opportunity and temptation by prohibiting sex offenders from being present on or
residing in specified areas designated as places where vulnerable populations commonly congregate. [3 O.C.
310.1-2].
▪ The proposed amendments to the Pardon and Forgiveness law are narrowly tailored and
apply solely to employment-related purposes. These amendments do not alter, limit, or
affect the Safe Neighborhoods law in any way. All protections and provisions of the Safe
Neighborhoods law remain fully in effect.

SECTION 7. ENFORCEMENT AND ACCOUNTABILITY
▪

▪

The Pardon and Forgiveness Law enforces compliance through a combination of
eligibility controls, application requirements, hearing enforcement, and post-relief
oversight. Individuals may be deemed automatically ineligible if they are under
investigation, appealing a termination, incarcerated, or have outstanding penalties or
fines, unless they qualify for the employment-only conditional waiver under 126.6-3 [1
O.C. 126.6-2]. Applicants who fail to provide complete information or who misrepresent
facts may have their applications denied, returned, or removed from consideration, and
misrepresentation discovered after a pardon is granted may result in rescission [1 O.C.
126.6-5–6]. Hearing attendance is enforced by authorizing the Committee to postpone a
determination or recommend denial if the applicant does not appear and does not provide
valid documentation within ten days [1 O.C. 126.8-3].
Once a pardon, forgiveness, or conditional waiver is granted, the Law enforces continued
compliance through conditions, restrictions, monitoring, and rescission. The Oneida
Business Committee or the Screening Committee may impose restrictions on
employment or other Tribal benefits, or conditions such as restitution or community
service, and applicants must comply with these terms to retain their restored eligibilities
[1 O.C. 126.9-2–3]. Under the newly added monitoring requirement, the Tribal
Secretary’s Office must track compliance with payment-related conditions and provide
quarterly reports to the Committee [1 O.C. 126.9-4]. The Law’s strongest enforcement
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tool is the rescission authority, which allows the OBC to revoke a conditional waiver,
pardon, or forgiveness if an individual fails to meet payment conditions, reinstating all
prior ineligibilities after proper notice and opportunity to cure [1 O.C. 126.10-7].

SECTION 8. OTHER CONSIDERATIONS
Fiscal Impact. Under the Legislative Procedures Act, a fiscal impact statement is required for all
legislation except emergency legislation [1 O.C. 109.6-1]. Oneida Business Committee resolution BC-1028-20-A titled, “Further Interpretation of ‘Fiscal Impact Statement’ in the Legislative Procedures Act,”
provides further clarification on who the Legislative Operating Committee may direct complete a fiscal
impact statement at various stages of the legislative process, as well as timeframes for completing the
fiscal impact statement.
▪ Conclusion. The Legislative Operating Committee has not yet directed that a fiscal impact be
completed.

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ONEIDA NATION PUBLIC MEETING NOTICE
THURSDAY May 14, 2026, 12:15 pm

Find Public Meeting Materials at
Oneida-nsn.gov/government/register/public meetings

Norbert Hill Center-Business Committee Conference Room
N7210 Seminary Rd., Oneida, Wisconsin

Send Public Comments to
LOC@oneidanation.org

Ask Questions here
LOC@oneidanation.org
920-869-4417

PARDON AND FORGIVENESS LAW AMENDMENTS
The purpose of the Pardon and Forgiveness law is to establish a fair, efficient, and formal process through which individuals may seek relief from certain barriers created by past actions.
The Pardon and Forgiveness law amendments will:
 Create an exception allowing applicants with outstanding penalties or fines to proceed
when the application is for employment purposes and the applicant meets the requirements for a conditional waiver.
 Align the Law’s policy with the principals of the Good Mind.
 Establish the full conditional waiver framework, including:
 Waiver applies only to employment eligibility;
 Outstanding penalties/fines remain fully enforceable;
 Mandatory payment agreement (18 months or extended to 3 years if >$5,000);
 Requirements for Pardon and Forgiveness Committee recommendation;
 Good-cause exception for missed payments;
 Grounds for rescission for non-payment.
 Allow an applicant proceeding under the conditional waiver (employment-only) to submit proof of a Pardon and Forgiveness Committee approved payment agreement instead
of proof of full payment.
 Clarify that a pardon or forgiveness does not affect restriction imposed under Oneida’s
Safe Neighborhood’s law, in addition to existing sex-offender requirements.
 Authorize the OBC to rescind a pardon/forgiveness when a person fails to meet a payment condition, with notice and a 30 day cure period;
 Clarify that rescission is an eligibility action, not an employment
action.
Individuals may attend the public meeting for the proposed amendments
to the Pardon and Forgiveness law in person at the Norbert Hill Center, or virtually through
Microsoft Teams. If you wish to attend the public meeting through Microsoft Teams please
contact LOC@oneidanation.org.

PUBLIC COMMENT PERIOD CLOSES THURSDAY MAY 21, 2026
During the public comment period, anyone may submit written comments, questions or input.
Comments may be submitted to the Oneida Nation Secretary’s Office or the Legislative Reference Office in person, by U.S. mail, interoffice mail, or e-mail.
For more information on the proposed amendments to the Pardon and Forgiveness law please review the public meeting packet at oneida-nsn.gov/government/register/public meetings.

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Title 1. Government and Finances - Chapter 126
PARDON AND FORGIVENESS
Tsi>n@hte a=ka, which includes:
(a) Kahletsyal&sla. The heartfelt encouragement of the best in each of us.
(b) Kanolukhw@sla. Compassion, caring, identity, and joy of being.
(c) Ka>nikuhli=y%. The openness of the good spirit and mind.
(d) Ka>tshatst^sla. The strength of belief and vision as a People.
(e) Kalihwi=y%. The use of the good words about ourselves, our Nation, and our future.
(f) Twahwahts$layn@hte a=ka, which includes:
(a) Kahletsyal&sla. The heartfelt encouragement of the best in each of us.
(b) Kanolukhw@sla. Compassion, caring, identity, and joy of being.
(c) Ka>nikuhli=y%. The openness of the good spirit and mind.
(d) Ka>tshatst^sla. The strength of belief and vision as a People.
(e) Kalihwi=y%. The use of the good words about ourselves, our Nation, and our future.
(f) Twahwahts$lay Tetwatlahtste Kahle Tsi> Yeyakotyeht@khwa>
where the things are used over and where the garbage is kept
SOLID WASTE DISPOSAL
405.1
405.2
405.3
405.4
405.5
405.6

Purpose and Policy
Adoption and Amendment
DefinitionsEffective Date
ApplicationDefinitions
AuthorityRecycling Applicability and Prohibitions
Collection and Disposal of Solid Waste

405.6
Management of Separated Recyclable Materials
405.7
Responsibilities and Disposal
405.8 Prohibition on Disposal of Recyclable Materials
Separated for Recycling
405.9 Non-Collectable Materials

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405.7
405.8
405.9
405.10

Non-collectable Solid Waste
Non-residential facilities and Properties and Multifamily Dwellings
Prohibitions
Right to Refuse Collection

405.10 Right to Reject Materials
405.11 Solid Waste
405.12 Enforcement
405.13 Administration and Interpretation

405.1. Purpose and Policy
405.1-1. Purpose. The purpose of this law is to set forthpromote the process by whichhealth, safety
and welfare of residents and members of the Oneida Nation will reduce, manage, and dispose
through the establishment of standards necessary to the sanitary and environmentally sound
disposal of recyclable materials and solid waste within the jurisdictional boundaries of the Nation.
.
405.1-2. Policy. It is the policy of the Nation to protect the health, safety, and welfare of the
community by prohibitingThe Oneida Nation recognizes that unsanitary, inefficient and
inappropriate methods of solid waste disposal that coulddisposing of recyclable materials have an
adverse impact on members of the community or the environment and by implementing a solid
waste management programthe natural resources of the Oneida Nation and its residents, and that
emphasizes reducing, reusing, andthe promulgation of standards of recycling are in the best
interests of the Oneida Nation of Wisconsin.
405.1-3. Scope: This ordinance shall apply to all lands owned by the majority of wasteOneida
Tribe or its members, whether in fee or trust status, all other lands within the borders of the Oneida
Reservation, and all persons residing within said borders.
405.2. Adoption and Amendment
405.2-1. This law wasis adopted pursuant to the inherent authority of the Oneida Nation of
Wisconsin to promulgate such regulations as are deemed necessary to promote the health, safety
and welfare of the Oneida Nation, its members and its residents.
405.2-2.This law may be amended as necessary and according to approved procedures by the
Oneida Business Committee by resolution BC-12-14-94-A and amended by resolutions BC-2-1595-K, BC-11-9-98-A and BC-__-__-__-__. .
405.2-2. This law may be amended or repealed by the3. The Oneida Business Committee or
General Tribal Council pursuant to the procedures set out in the Legislative Procedures Act.
405.2-3. Should a provision ofmay delegate appropriate agencies the power to create any
regulations needed to fully implement this law or the application thereof to any person or
circumstances be held as invalid, such invalidity shall not affect other .

4 O.C. 405—Page 1

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405.3. Effective Date
405.3-1. The provisions of this law which are considered to have legal force without the invalid
portions.
405.2-4. In the ordinance shall take effect upon adoption by the Oneida Business Committee, in
no event later than January 1, 1995.
405.4. Definitions
(a) “Bi-metal container” means a container for carbonated or malt beverages that is made
primarily of a conflict between a provisioncombination of this lawsteel and a
provisionaluminum.
(b) “Container Board” means corrugated paperboard used in the manufacture of another
law, the provisionsshipping containers and related products.
(c) “Foam polystyrene packaging” means packaging made from foam polystyrene that satisfies
one or more of this law shall control. the following criteria:
405.2-5. This law was adopted under the authority of the Constitution of the Oneida Nation.
405.3. Definitions
405.3-1. This section shall govern the definitions of words and phrases used within this law. All
words not defined herein shall be used in their ordinary and everyday sense.
(a) “Customer” means all residential and commercial properties within the Reservation
who use the Nation’s service provider and dumpsters and bins, authorized by the Nation or
its service provider to collect solid waste.
(b) “Designated Agent” means the person responsible for coordinating the collection of
solid waste at a non-residential facility or property.
(c) “DPW” means the Oneida Nation Division of Public Works.
(1) is designed for serving food or beverages,
(2) consists of loose particles intended to fill space and cushion the package article
in a shipping container;
(3) consists of rigid materials shaped to hold and cushion the packaged article in a
shipping container.
(d) “ELAHDPE” means the Oneida Nation Environmental, Land & Agriculture
Divisionhigh-density polyethylene, labelled by the SPI code #2.
(e) “Explosive Material” means any material, mixture, or compound with explosive or
flammable properties such as dynamite, dynamite caps, shotgun shells, rifle cartridges,
gunpowder, fireworks, gasoline, or certain chemicals.
(e) “LDPE” means low-density polyethylene, labelled by the SPI code #4.
(f) “E-waste “Magazines” means a type of solid waste which contains large
electronicsmagazines and other hazardous waste including lead, mercury, cadmium,
chromium, and other heavy metals and chemical flame retardants.materials printed on
similar paper
(g) “Hazardous Waste” means any solid waste defined as hazardous waste by the U.S.
Environmental Protection Agency under the provisions of the Resource Conservation and
Recovery Act of 1976 as amended.

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(h) “Major appliances” means non-portable or semi-portable machines used for
housekeeping tasks and maintenance like temperature control, cooking, food preparation
and storage, and cleaning and include items such asMajor appliances” means a residential
or commercial air conditioner, clothes dryer, clothes washer, dishwasher, freezer,
microwave oven, oven, refrigerator, furnace, boiler, dehumidifier, water heater, or stove.
(i) “Medical waste” means solid waste that contains pathogens with sufficient virulence
and in sufficient quantity that exposure could cause the human or animal exposed to
contract an infectious disease; or any waste generated in the diagnosis, treatment, or
immunization of humans or animals.
(j(h) “Multi-family dwelling” means a property containing five (5) or more residential
units, including those which are occupied seasonally.
(k) “Nation” means the Oneida Nation.
(l(i) “Newspaper” means a newspaper and other materials printed on newsprint.
(j) “Non-residential facilities and properties” means commercial, retail, industrial,
institutional, and governmental facilities, and/or properties. This term does not include
multi-family dwellings.
(m) “Nuisance” means a thing, condition, or use of property which continues for such
length of time as to:
(1) substantially annoy, injure, or endanger the comfort, health, repose, or safety of
the public;
(2) in any way render the public insecure in life or in the use of property; or
greatly offend the public morals or decency; or
(3) unlawfully and substantially interfere with, obstruct, or tend to obstruct or
render dangerous for passage any street, alley, highway, navigable waters or other
public way, or the use of public property.
(n) “Person” means a natural person, as well as a business entity(k) “Office paper” means
high grade printing and writing papers from offices in non-residential facilities and
properties. Printed white ledger and computer print-out are examples of office paper
generally accepted as high grade. This term does not include industrial waste.
(l) “Other resins or multiple resins” means resins labelled by the SPI code #7.
(m) “Person” includes any individual, corporation, partnership, association, governmental
unit, or agency of any governmental unit.
(o) “Recyclable materials(n)
“PETE” means materials resulting from
residentialpolyethylene terophthalate, labeled by the SPI code #1.
(o) “Plastic container” means an individual, separate, rigid plastic bottle, can, jar or
commercial activitiescarton, except for a blister pack, that can be recovered through
processesis used to regaincontain a product that material for human or animal use. is the
subject of a retail sale.
(p) “Reservation” means all property within the exterior boundaries of the reservation of
the Oneida Nation, as created pursuant to the 1838 Treaty with the Oneida, 7 Stat. 566.,
and all lands added thereto pursuant to federal law.
(q) “Service provider” means the company contracted with the Nation to provide collection
services for solid waste collected within the Reservation.

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(r) “Sewage” means water-carried solid waste created in and to be conducted away from
residences, industrial establishments, and public buildings.
(s) “Sharps” means an object with sharp points or edges that can puncture or cut skin.
(t) “Sludge” means any solid, semisolid, or liquid waste generated from a municipal,
commercial, or industrial wastewater treatment plant, water supply treatment plant, or air
pollution control facility.
(u) “SMMP” means the Sustainable Materials Management Plan developed and maintained
by DPW and ELA to outline how the Nation will reduce, manage, and dispose of all(p)
“Post-consumer waste” means solid waste other than solid waste generated withinduring
the Reservation.
(v) “Solidproduction of goods, hazardous waste” means solid, semi-solid, liquid,
discarded, salvageable, and recyclable material. Solid, waste may consist of the
following categories:
(a) garbage, which is waste resulting from the handling, cooking, processing,
preparing, serving, storing, and consuming food, including fish, fowl, fruits,
vegetables, or other matter which is subject to decomposition and decay;
(b) waste material resulting from typical residential activity, public service
activities, and manufacturing;
(c) from construction orand demolition waste, which is waste resulting from
building construction or demolition, alteration, or repair, including excavated
material, remodeling, and other waste such as windows, doors, drywall, framing
and roofing material, flooring, cabinets and counter tops, concrete, stone, asphalt,
sod, earth, dirt, and brick;of structures, scrap automobiles, or high-volume
industrial waste.
(d) refuse, which is all nonrecyclable waste resulting from industrial or
commercial operations including but not limited to cans, bottles, plastic, paper,
ashes, glass, lawn and garden waste, metal, rubber, street waste, wood, cloth,
litter, litter, leaves, shrubbery, brush, and cardboard; and
(e) recyclable materials, which are waste materials that can be recovered through
processes to regain that material for human or animal use.
(w(q) “PP” means polypropylene, labeled by the SPI code #5.
(r) “PS” means polystyrene, labeled by the SPI code #6.
(s) “PVC” means polyvinyl chloride, labeled by the SPI code #3.
(t) “Recyclable materials” includes lead-acid batteries, major appliances, waste oil, yard
waste, aluminum containers, corrugated paper or other container board, foam polystyrene
packaging, glass containers, magazines, newspaper, office paper, rigid plastic containers
(including those made of PETE, HDPE, LDPE, PVC, PP, PS and other/multiple resins)
steel containers, waste tires and bi-metal containers.
(u) “Solid Waste” means garbage, refuse, sludge, and other discarded materials, including
solid waste materials resulting from industrial, commercial, and agricultural operations,
and from community activities, but does not include solid or dissolved material in domestic
sewage or other significant pollutants in water resources, such as silt, dissolved or
suspended solids in industrial wastewater effluents, dissolved materials in irrigation return
flows or other common water pollutants.
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(v) “Solid Waste facility” means a facility for solid waste treatment, solid waste storage or
solid waste disposal, and includes commercial, industrial, municipal, tribal, state and
federal establishments or operations such as, without limitation because of enumeration,
sanitary landfills, dumps, land disposal sites, incinerators, transfers stations, storage
facilities, collection, and transportation services and processing, treatment and recovery
facilities. This term includes the land where the facility is located. This term does not
include a facility for the processing of scrap iron, steel or nonferrous metal using large
machines to produce a principal product of scrap metal for sale or use for remelting
purposes. This term does not include a facility which uses large machines to sort, grade,
compact or bale clean waste paper, fibers or plastics, not mixed with other solid waste, for
sale or use for recycling purposes. This term does not include an auto salvage yard or auto
junk yard.
(w) “Solid waste treatment” means any method, technique or process which is designed to
change the physical, chemical or biological character or composition of solid waste.
“Treatment” includes incineration.
(x) “Waste tire” means a tire that is no longer suitable for its original purpose because of
wear, damage or defect.
(y) “Yard waste” means leaves, grass clippings, yard and garden debris and brush,
including clean woody vegetative materialmatter no greater than six (6) inches in diameter.
This term does not include trees, stumps, roots, or shrubs with intact root balls.
(z) “Medical waste” means solid waste that contains pathogens with sufficient virulence
and in sufficient quantity that exposure of a susceptible human or animal to the solid waste
could cause the human or animal to contract an infectious disease. Medical waste includes
any waste that contains or may be mixed with infectious waste.
(aa) “Designated Agent” means that person responsible for coordinating the collection and
separation of recyclables at a non-residential facility or property.
(bb) “Hazardous Waste” means any solid waste defined as hazardous waste by the U.S.
Environmental Protection Agency under the provisions of the Resource Conservation and
Recovery Act of 1976, as amended.
405.5. Recycling Applicability and Prohibitions
405.5-1.
405.4. Application
405.4-1. This law governs the management of solid waste within the Reservation.
(a) Solid waste This law applies to all activities within the exterior boundaries of the Oneida Nation
of Wisconsin, members of the Oneida Nation, and all residents within the exterior boundaries of
the Oneida Nation.
405.5-2. No person may dispose of recyclable material by dumping, burning or other means any
materials specified in Section 5-3 of this law which has been separated for recycling or composting,
except waste tires which may by burned for energy recovery in a solid waste treatment facility.
405.5-3. Occupants of single and two-to-four unit residents, multiple-family dwelling and nonresidential facilities shall separate the following materials from post consumer waste:
(a) lead acid batteries
(b) major appliances
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(c) waste oil
(d) yard waste
(e) aluminum containers
(f) bi-metal containers
(g) corrugated paper or other container board
(h) foam polystyrene packaging
(i) glass containers
(j) magazines or other materials printed on similar paper
(k) newspaper or other materials printed on similar paper
(l) office paper
(m) plastic containers made of PETE, HDPE, PVC, LDPE, PP, PS, and mixed or other
plastic resin types,
(n) steel containers
(o) waste tires
405.5-4. VARIANCES: The Oneida Nation reserves the right to grant a variance from collection
for any of the above post consumer wastes (Section 5-3 (a) through (o)). For 1995, the Oneida
Nation grants a variance from collection for:
(a) foam polystyrene packaging, (Section 5-3(h)) and;
(b) those containers listed under Section 5-3(m) made of PVC, LDPE, PP, PS, and mixed
or other plastic resin types. (Those plastic container types numbers 3 through 7). This
variance shall remain in effect until such time as the recycling of these items is made
commercially feasible.
405.5-5. To the greatest extent practicable, the recycled materials separated in accordance with
Section 5-3 shall be clean and kept free of contaminants such as food materials, oil, grease, or
other non-recyclable materials, including, but not limited to, household hazardous waste, medical
waste, and agricultural chemical containers. Recyclable materials shall be stored in such a manner
which protects them from wind, rain and other inclement weather conditions.
405.6. Management of Separated Recyclable Materials
405.6-1. Lead Acid Batteries shall be taken to a retail business that sells batteries.
405.6-2. Major Appliances shall be taken to N.W. Recycling, 3711 West Mason Street, Oneida,
WI 54155 (414) 494-4477. For a $25.00 fee, Home Pro will pick up major appliances on site. The
Oneida Environmental Department should be consulted for details and other options. Microwave
ovens may be land filled if the capacitor has been removed.
405.6-3. Waste Oil should be stored in a dirt-free container with a leak-proof lid, not
contaminated with solvents or any other materials, and taken to a waste oil collection site.
The Oneida Environmental Department should be consulted for details and disposal
options.
405.6-4. Yard Waste shall be taken to the Oneida Nation Compost Site at Site 2.
405.6-5. Aluminum Containers shall be separated from any solid waste, rinsed and placed in
curbside recycling bins.
405.6-6. Bi-Metal containers shall be separated from any solid waste, rinsed and placed in curbside
recycling bins.

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405.6-7. Corrugated Paper or other Container Board shall be picked up at curbside. Corrugated
paper or other container board should be placed in bags or boxes next to curbside containers.
405.6-8. Foam Polystyrene Packaging shall be collected for recycling according to feasibility and
market availability.
405.6-9. Magazines shall be separated from any solid waste and picked up at curbside.
405.6-10. Newspaper shall be separated from any solid waste and picked up at curbside.
Newspaper shall be placed in paper bags or boxes, but shall not be bound.
405.6-11. Office Paper shall be separated by businesses from any solid waste and picked up at
curbside.
405.6-12. Rigid Plastic Containers
(a) PETE (SPI #1) shall be placed in curbside bins.
(b) HDPE (SPI #2) shall be placed in curbside bins.
(c) PVC (SPI #3) shall be collected for recycling according to feasibility and market
availability.
(d) LDPE (SPI #4) shall be collected for recycling according to feasibility and market
availability.
(e) PP (SPI #6) shall be collected for recycling according to feasibility and market
availability.
(f) PS (SPI #6) shall be collected for recycling according to feasibility and market
availability.
(g) Other resins or multiple resins (SPI #7) shall be collected for recycling according to
feasibility and market availability.
The Oneida Environmental Department shall promulgate and distribute instructions to all affected
person as regarding recyclable rigid plastic.
405.6-13. Steel Containers shall be rinsed and placed in curbside bins.
405.6-14. Waste Tires shall be collected semi-annually by the Oneida Environmental Department.
405.6-15. Steel, Bi-metal, aluminum, and plastic containers as well as corrugated paper or other
container board, may also be taken to drop-off sites.
405.7. Responsibilities and Disposal
405.7-1. Owners or designate agents of non-residential facilities and properties and multi-family
dwellings shall do all of the following for recycling the materials specified in 5-3:
(a) Provide adequate, separate containers for the recyclable materials
(b) Notify, in writing, at the time of lease and annually thereafter, all users, tenants and
occupants of the property about this law and any established recycling program under this
law.
(c) Provide for the collection of the materials separated from the solid waste by users,
tenants and occupants and the delivery of materials to a recycling facility.
(d) Notify users, tenants and occupants of which materials are collected, how to prepare
the materials in order to meet the processing requirements, collection methods or sites,
locations and hours of operation, and contact person or company, including a name, address
and telephone number.
405.7-2. To the greatest extent practicable, the recycled materials separated in accordance with
Section 5-3 shall be clean and kept free of contaminants such as food materials, including, but not
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limited to, household hazardous waste, medical waste, and agricultural chemical containers.
Recyclable materials shall be stored in such a manner which protects them from wind, rain and
other inclement weather conditions.
405.8. Prohibition on Disposal of Recyclable Materials Separated for Recycling
405.8-1. No person may dispose of in a solid waste disposal facility or burn in a solid waste
treatment facility any of the materials specified in Section 5-3 (a) through (o) which have been
separated for recycling, except for materials granted a variance pursuant to Section 5-4 and except
waste tires may be burned for energy recovery in a solid waste treatment facility.
405.9. Non-Collectable Materials
405.9-1. shall be handled, stored, collected, transported, transferred, processed, recycled,
and disposed of in accordance with the provisions of this law, the most current version of
the SMMP, and the applicable provisions of the Resource Conservation and Recovery Act
as amended.
(b) The SMMP shall be interpreted in a manner consistent with this law to the greatest
extent possible.
(1) In the event there is an irreconcilable conflict between a provision of this law
and a provision of the SMMP, the provision of this law shall governNo person,
unless provided written permission by the Oneida Nation, may deposit or place for any recyclable
material collection by the Oneida Nation or its contractors, at any location within the Oneida Indian
Reservation, any of the following recyclable materials, wastes, residuals, and other materials:
(a) Hazardous wastes
(b) Toxic wastes
(c) Free liquid in any containers, including paints and solvents
(d) Pesticides, excluding non-agricultural pesticide containers.
405.5 Authority
405.5-1. DPW and ELA shall be delegated the authority to administer the provisions of this law,
which shall include, but not be limited to:
(a) overseeing the implementation and enforcement of this law and the SMMP, including
the authority to delegate certain of those duties to other agencies of the Nation or to thirdparty service providers for implementation;
(b) following the Nation’s RFP process for the procurement of third-party service
providers;
(1) all third-party service providers shall be State licensed solid waste transporters.
(c) developing and amending the SMMP to be consistent with this law and at least once
every five years and subject to approval by the Oneida Business Committee through
resolution;
(d) developing a fine and penalty schedule, subject to approval by the Oneida
Business Committee through resolution;
(e) DPW, ELA, and the service provider shall take reasonable measures to ensure that the
public is aware and informed of the requirements of this law and the SMMP which may
include sending new customers collection requirements, notifying the public through
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publication and making information available to the public for inspection at the offices of
DPW or ELA during normal business hours.
(1) Any person in doubt as to the proper preparation, handling, and disposal of any
type of solid waste should contact DPW, ELA, or the service provider for
instruction.
(f) conducting inspections, as well as investigating complaints, to ensure that solid waste
is managed in accordance with this law and the SMMP;
(1) no person may refuse access to any person authorized in this section who
requests access for purposes of inspecting an alleged violation based on probable
cause and who presents appropriate credentials;
(g) determining if the storage or disposal of solid waste has created a nuisance;
(h) issuing a citation to persons found in violation of this law in an amount set forth in the
fine and penalty schedule adopted by resolution of the Oneida Business Committee and
pursuant to the Nation’s Citation Law;
(1) each day of a continuing violation may be charged as a separate violation and
the officer may issue a separate citation;
(i) making referrals to the Oneida Police Department, the Oneida Conservation
Department, or the Zoning Department, when deemed necessary, for further investigation
or enforcement consistent with this law.
(j) notifying all customers of the Nation of the terms and conditions for collection; and
(k) making reasonable rules for the regulation and administration of this law as may be
necessary for the proper storage, collection, removal, and disposal of solid waste within
the Reservation.
405.5-2. The Oneida Police Department shall be delegated the authority to enforce the provisions
of this law, which shall include, but not be limited to:
(a) investigate complaints and referrals from DPW or ELA for suspected violations of
this law;
(b) obtain a search warrant and conduct inspections if necessary to enforce the provisions
of this law;
(1) No person may refuse access to any person authorized in this section who
requests access for purposes of inspecting an alleged violation based on probable
cause and who presents appropriate credentials; and
(c) issue citations consistent with the fine and penalty schedule developed by DPW and
ELA andproperly cleaned, not contaminated, and if approved by the Oneida Business
Committee;
(1) each day of a continuing violation may be charged as a separate violation and
the officer may issue a separate citation.
Nation for separation and for recyclable material
405.6. Collection and Disposal of Solid Waste
405.6-1. Mandatory Curbside Collection. All approved solid waste shall be collected from
customers provided such materials are properly handled, prepared, contained, stored, and located.
Curbside collection is generally for residential customers.

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405.6-2. Collection Preparation and Storage Requirements. Customers located within the
Reservation must adhere to the following:
(a) only approved bins provided by the Nation or its service provider are acceptable for
collection;
(b) all solid waste shall be maintained in such a manner as to prevent the creation of a
nuisance to public health and safety;
;
(c) when placed for curbside collection, containers shall not be placed in a manner that
obstructs driveways, legally parked vehicles, and snow removal efforts;
(d) to the greatest extent practicable, solid waste should be clean and kept
free of hazardous waste or medical waste; and
(e) solid waste shall be stored in a manner that protects it from
wind, rain, and other inclement weather conditions.
405.6-3. Collection Requirements. DPW shall provide a collection service within the Reservation
that includes, at a minimum:
(a) periodic collection of solid waste; provided, such waste is properly handled, prepared,
contained, and stored in accordance with this law and the SMMP; and.
(b) the issuance of containers that are adequate for the storage of collectable solid waste(e)
Medical wastes
(f) Asbestos
(g) Sludge wastes
(h) Industrial or.
405.6-4. The following shall apply to the collection and disposal of all solid waste within the
Reservation, regardless of the curbside service provider:
(a) All solid waste shall be collected and transported in a manner that prevents the waste
from leaking, blowing off, or falling from the transport vehicle.
(b) No commercial solid waste transporter shall operate or conduct business within the
Reservation without a solid waste transport license issued from the State of Wisconsin.
405.6-5. Separation. Occupants of single and two-to-four-unit residences, multi-family dwellings,
and the designated agent at non-residential facilities and properties shall separate certain items
from solid waste in accordance with the terms and conditions of collection as provided by the
service provider. Some items that must be separated from solid waste are likely not collectable and
some are likely collectable only during a special collection.
405.6-6. Right to Reject. ELA or its designated collection and transportation service reserve the
right to refuse to collect any solid waste that is not handled, prepared, contained, stored, or located
in accordance with this law or the SMMP.
405.6-7. Special Collections. The collection of some items will be scheduled annually and posted
on the Nation’s website.
405.7 Non-Collectable Solid Waste
405.7-1. No person may place for curbside collection or deposit at any location within the
Reservation any of the following types of solid waste:
(a) hazardous waste;
(b) pesticides;
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(c) medical waste;
(d) asbestos;
(e) sludge;
(f) wastes from any industrial or commercial waste from any industrial or commercial
facility or operation;
(g) residue ori) Residue and debris from the clean-up of a chemical discharge or chemical
residue and debris from any facility or operation using chemicals in any commercial,
agricultural, or industrial process;.
(h) medicalj) Ash waste;
(i) sewage;
(j) deer carcassesk) Hazardous or other large animal carcasses weighing over one hundred
(100) pounds; collection of which is subject to the termstoxic construction and conditions
of service agreements between the Nation, surrounding Counties and municipalities, and
the State;(k) trees or any other material that does not meet the definition of yard
waste;demolition wastes
(l) woodBiomedical wastes
(m) Septage
(n) Animal fecal wastes
(o) Dead animals
(p) Brush or trees
(q) Wood treated with chemical preservatives;
(m) explosiver) Explosive material;
(n) material that would otherwise be (s) Contaminated recyclable material as determined
by the Oneida Nation, its designee or contractor.
405.10but. Right to Reject Materials
405.10-1. The Oneida Nation and its contractors reserve the right to reject and leave at the curbside
any material not in accordance with this ordinance.
405.11. Solid Waste
405.11-1. The following provisions shall apply to all solid waste disposal within the exterior
boundaries of the Oneida Reservation, and those business premises owned or leased by the Oneida
Nation of Wisconsin not covered by a recycling law;
(a) No person shall leave, deposit, or dump solid waste within the exterior boundaries of
the Oneida Reservation except at a designated disposal or collection site. No person shall
dispose of any solid waste generated outside the boundaries of the Oneida Reservation
unless such disposal is contaminated by at a collection or transfer site which is certified as
in compliance with all applicable state, federal and tribal regulations.
(b) No person shall dispose of solid waste on any private or public residential property,
where disposal of such wastes will cause a public nuisance or health hazard, by causing
noxious odors to escape or by infestation or insects or rodents.
(c) No person shall deposit solid waste from any stopped or moving vehicle onto state,
federal or tribal highways, roads, or right of ways, within the exterior boundaries of the
Oneida Reservation.
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(d) No person shall dispose of any hazardous or medical waste; waste within the exterior
boundaries of the Oneida Reservation.
(o) e-waste;
(p) any other material expressly prohibited by the SMMP if DPW has provided adequate,
advanced notice to the public; and
(q) any item expressly prohibited by the service provider.
405.8. Non-Residential Facilities and Properties and Multi-Family Dwellings (e) No
person shall dispose of solid waste at a collection or disposal site located within the exterior
boundaries of the Oneida Reservation except in a manner approved a Recycling and Solid
Waste Disposal program or agency as established by the Oneida Business Committee.
(f) No person shall burn household solid waste or recyclables in any type of container.
(g) All solid waste containing food wastes shall be securely stored in covered or closed
containers which are nonabsorbent, leakproof, durable, easily cleanable, and designed for
safe handling. Containers shall be of adequate size and in sufficient numbers to contain all
food wastes, rubbish, and ashes that a residence or other establishment generates in the
period of time between collections. Containers shall be maintained in a clean condition so
that they do not constitute a nuisance, and to retard harborage, feeding and breeding of
vectors. When serviced, storage containers should be emptied completely of all solid waste.
405.11-2. Solid Waste Collection and Transport
(a) Any solid waste transported within the exterior boundaries of the Oneida Reservation
shall be collected and transported in a manner that prevents the waste from leaking,
blowing off, or falling from the transport vehicle.
(b) No commercial solid waste, or recycling, transporter shall operate or conduct business
within the Oneida Reservation without prior approval of solid waste transport license
received from the Oneida Nation Conservation Department.
405.12. Enforcement
405.12-1. All Oneida Reservation Conservation Enforcement Officers and Police Officers shall be
empowered to enforce the provisions of this law.
405.12-2. Violation of any provision of this law may be punishable by a fine not to exceed $500.00.
Each day of any continuing violation may be charged as a separate violation, and a separate penalty
may be imposed.
405.12-3. In addition to a penalty, any personal property which has been used in connection with
such a violation, including vehicles and other equipment, may be seized and forfeited in
satisfaction of any judgment entered pursuant to this law.
405.12-4. Nothing herein shall prevent the Oneida Business Committee from bringing suit in the
appropriate forum against any violator of this law for monetary damages for harm to any Oneida
Nation resource caused by a violation of this law, or for injunctive relief.
405.12-5. Any authorized officer of the Oneida Conservation Department, may inspect recyclable
materials separated for recycling, post consumer waste intended for disposal, collection sites, and
facilities, collection vehicles, collections area of multiple family dwellings and non residential
facilities and properties, solid waste disposal facilities, and solid waste treatment facilities and any
records relating to recycling activities for the purpose of ascertaining compliance with the
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provisions of this law. No person may refuse access to any person authorized in this section who
requests access for purposes of inspection, and who present appropriate credentials.
405.12-6. Any person who violates a provision of this ordinance may be issued a citation by the
Oneida Nation Conservation Warden(s) to collect forfeitures. The issuance of the citations under
any other law ore regulation relating to the same or any other matter shall not preclude the issuance
of a citation under this law.
405.12-7. Penalties may be assessed for a violation of any provision of this law as follows for
violation of any provision of Section 6-1:
(a) First violation-$50.00
(b) Second violation-$250.00
(c) Third violation-$2000.00
(d) All violation penalties are also subject to seizure of equipment used in the violation.
405.13. Administration and Interpretation
405.13-1. The Oneida Business Committee delegates the authority to administer and create
regulations regarding this law to the Oneida Environmental Department and the enforcement of
the provisions of this law and any regulations made pursuant to this law to the Oneida Conservation
Department.
405.13-2. Where any terms or requirements of this law may be inconsistent or conflicting, the
more restrictive provision of the law is applicable. Where the federal and tribal law regarding
environmental protection conflict, the tribal law shall be interpreted in regards to the latest federal
standards in effect, provided that such standards are not less than those standards provided herein.
405.13-3. Severability. Should any provision if this law be declared unconstitutional or invalid by
a court of competent jurisdiction, the remainder of this law shall not be affected thereby.
405.8-1. Owners of non-residential facilities and properties and multi-family dwellings or their
designated agents shall do the following:
(a) provide adequate, separate containers for solid waste and provide a collection and
delivery service of those solid wastes to a processing facility;
(b) notify, in writing, at the time of signing the lease and annually thereafter, all users,
tenants, and occupants of the property about this law and the SMMP; and
(c) notify users, tenants, and occupants of which materials are collected, how to prepare
the materials in order to meet the collection and processing requirements of this law and
the SMMP, the collection methods, or sites, including address and hours of operation, and
the contact person or company, including name, address, and telephone number.
405.9. Prohibitions
405.9-1. Unless authorized, no person shall:
(a) burn solid waste;
(b) dump, deposit, or throw solid waste from a stopped or moving vehicle upon a highway,
road, or right of way within the Reservation;
(c) dump, dispose, throw, or leave solid waste in any waterway located within the
Reservation, at any time of the year;

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(d) dump, dispose, or leave solid waste within the Reservation in a dumpster or waste bin
that does not belong to that customer and is not authorized for that customer’s use;
(e) store, handle, dump, deposit, leave, or throw solid waste in any way reasonably likely
to cause a nuisance;
(f) neglect or refuse to clean up and remove from the premises any solid wastes that are
stored in violation of this law and when ordered to do so by DPW, ELA, the Oneida Police
Department, or the Nation’s Zoning Department; and
(g) dump, dispose, or leave solid waste within the Reservation in a location or manner not
authorized by the SMMP or that would violate this law, the Public Peace law, or any other
law of the Nation.
405.10. Right to Refuse Collection
405.10-1. If solid wastes are not properly handled, prepared, contained, stored, or located, the
service provider may not collect.
(a) Instead of collecting, the service provider may leave a notice explaining the reason for
non-collection and allowing the customer time to correct, typically until the next collection.
(b) If the customer has not corrected by the next collection, the service provider will notify
DPW for enforcement under this law.
End.
Adopted – BC–12-14-94-A
Amended – BC-2-15-95-K
Amended – BC-11-9-98-A (Emergency amendments – expired)

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Title 4. Environment and Natural Resources - Chapter 405
Tsi> Tetwatlahtste Kahle Tsi> Yeyakotyeht@khwa>
where the things are used over and where the garbage is kept
SOLID WASTE DISPOSAL
405.1
405.2
405.3
405.4
405.5
405.6

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Purpose and Policy
Adoption and Amendment
Definitions
Application
Authority
Collection and Disposal of Solid Waste

405.7
405.8
405.9
405.10

Non-Collectable Solid Waste
Non-Residential Facilities and Properties and
Multi-Family Dwellings
Prohibitions
Right to Refuse Collection

405.1. Purpose and Policy
405.1-1. Purpose. The purpose of this law is to set forth the process by which the Oneida Nation
will reduce, manage, and dispose of recyclable materials and solid waste within the jurisdictional
boundaries of the Nation.
405.1-2. Policy. It is the policy of the Nation to protect the health, safety, and welfare of the
community by prohibiting methods of solid waste disposal that could have an adverse impact on
members of the community or the environment and by implementing a solid waste management
program that emphasizes reducing, reusing, and recycling the majority of waste within the
Reservation.
405.2. Adoption and Amendment
405.2-1. This law was adopted by the Oneida Business Committee by resolution BC-12-14-94-A
and amended by resolutions BC-2-15-95-K, BC-11-9-98-A and BC-__-__-__-__.
405.2-2. This law may be amended or repealed by the Oneida Business Committee or General
Tribal Council pursuant to the procedures set out in the Legislative Procedures Act.
405.2-3. Should a provision of this law or the application thereof to any person or circumstances
be held as invalid, such invalidity shall not affect other provisions of this law which are considered
to have legal force without the invalid portions.
405.2-4. In the event of a conflict between a provision of this law and a provision of another law,
the provisions of this law shall control.
405.2-5. This law was adopted under the authority of the Constitution of the Oneida Nation.
405.3. Definitions
405.3-1. This section shall govern the definitions of words and phrases used within this law. All
words not defined herein shall be used in their ordinary and everyday sense.
(a) “Customer” means all residential and commercial properties within the Reservation
who use the Nation’s service provider and dumpsters and bins, authorized by the Nation or
its service provider to collect solid waste.
(b) “Designated Agent” means the person responsible for coordinating the collection of
solid waste at a non-residential facility or property.
(c) “DPW” means the Oneida Nation Division of Public Works.
(d) “ELA” means the Oneida Nation Environmental, Land & Agriculture Division.
(e) “Explosive Material” means any material, mixture, or compound with explosive or
flammable properties such as dynamite, dynamite caps, shotgun shells, rifle cartridges,
gunpowder, fireworks, gasoline, or certain chemicals.

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(f) “E-waste” means a type of solid waste which contains large electronics and other
hazardous waste including lead, mercury, cadmium, chromium, and other heavy metals
and chemical flame retardants.
(g) “Hazardous Waste” means any solid waste defined as hazardous waste by the U.S.
Environmental Protection Agency under the provisions of the Resource Conservation and
Recovery Act of 1976 as amended.
(h) “Major appliances” means non-portable or semi-portable machines used for
housekeeping tasks and maintenance like temperature control, cooking, food preparation
and storage, and cleaning and include items such as a residential or commercial air
conditioner, clothes dryer, clothes washer, dishwasher, freezer, microwave oven, oven,
refrigerator, furnace, boiler, dehumidifier, water heater, or stove.
(i) “Medical waste” means solid waste that contains pathogens with sufficient virulence
and in sufficient quantity that exposure could cause the human or animal exposed to
contract an infectious disease; or any waste generated in the diagnosis, treatment, or
immunization of humans or animals.
(j) “Multi-family dwelling” means a property containing five (5) or more residential units,
including those which are occupied seasonally.
(k) “Nation” means the Oneida Nation.
(l) “Non-residential facilities and properties” means commercial, retail, industrial,
institutional, and governmental facilities, or properties. This term does not include multifamily dwellings.
(m) “Nuisance” means a thing, condition, or use of property which continues for such
length of time as to:
(1) substantially annoy, injure, or endanger the comfort, health, repose, or safety of
the public;
(2) in any way render the public insecure in life or in the use of property; or
greatly offend the public morals or decency; or
(3) unlawfully and substantially interfere with, obstruct, or tend to obstruct or
render dangerous for passage any street, alley, highway, navigable waters or other
public way, or the use of public property.
(n) “Person” means a natural person, as well as a business entity, corporation, partnership,
association, governmental unit, or agency of any governmental unit.
(o) “Recyclable materials” means materials resulting from residential or commercial
activities that can be recovered through processes to regain that material for human or
animal use.
(p) “Reservation” means all property within the exterior boundaries of the reservation of
the Oneida Nation, as created pursuant to the 1838 Treaty with the Oneida, 7 Stat. 566.,
and all lands added thereto pursuant to federal law.
(q) “Service provider” means the company contracted with the Nation to provide collection
services for solid waste collected within the Reservation.
(r) “Sewage” means water-carried solid waste created in and to be conducted away from
residences, industrial establishments, and public buildings.
(s) “Sharps” means an object with sharp points or edges that can puncture or cut skin.

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(t) “Sludge” means any solid, semisolid, or liquid waste generated from a municipal,
commercial, or industrial wastewater treatment plant, water supply treatment plant, or air
pollution control facility.
(u) “SMMP” means the Sustainable Materials Management Plan developed and maintained
by DPW and ELA to outline how the Nation will reduce, manage, and dispose of all solid
waste generated within the Reservation.
(v) “Solid waste” means solid, semi-solid, liquid, discarded, salvageable, and recyclable
material. Solid waste may consist of the following categories:
(a) garbage, which is waste resulting from the handling, cooking, processing,
preparing, serving, storing, and consuming food, including fish, fowl, fruits,
vegetables, or other matter which is subject to decomposition and decay;
(b) waste material resulting from typical residential activity, public service
activities, and manufacturing;
(c) construction or demolition waste, which is waste resulting from building
construction or demolition, alteration, or repair, including excavated material,
remodeling, and other waste such as windows, doors, drywall, framing and
roofing material, flooring, cabinets and counter tops, concrete, stone, asphalt, sod,
earth, dirt, and brick;
(d) refuse, which is all nonrecyclable waste resulting from industrial or
commercial operations including but not limited to cans, bottles, plastic, paper,
ashes, glass, lawn and garden waste, metal, rubber, street waste, wood, cloth,
litter, litter, leaves, shrubbery, brush, and cardboard; and
(e) recyclable materials, which are waste materials that can be recovered through
processes to regain that material for human or animal use.
(w) “Yard waste” means leaves, grass clippings, yard and garden debris and brush,
including clean woody vegetative material no greater than six (6) inches in diameter. This
term does not include trees, stumps, roots, or shrubs with intact root balls.
405.4. Application
405.4-1. This law governs the management of solid waste within the Reservation.
(a) Solid waste shall be handled, stored, collected, transported, transferred, processed,
recycled, and disposed of in accordance with the provisions of this law, the most current
version of the SMMP, and the applicable provisions of the Resource Conservation and
Recovery Act as amended.
(b) The SMMP shall be interpreted in a manner consistent with this law to the greatest
extent possible.
(1) In the event there is an irreconcilable conflict between a provision of this law
and a provision of the SMMP, the provision of this law shall govern.
405.5 Authority
405.5-1. DPW and ELA shall be delegated the authority to administer the provisions of this law,
which shall include, but not be limited to:

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(a) overseeing the implementation and enforcement of this law and the SMMP, including
the authority to delegate certain of those duties to other agencies of the Nation or to thirdparty service providers for implementation;
(b) following the Nation’s RFP process for the procurement of third-party service
providers;
(1) all third-party service providers shall be State licensed solid waste transporters;
(c) developing and amending the SMMP to be consistent with this law and at least once
every five years and subject to approval by the Oneida Business Committee through
resolution;
(d) developing a fine and penalty schedule, subject to approval by the Oneida
Business Committee through resolution;
(e) DPW, ELA, and the service provider shall take reasonable measures to ensure that the
public is aware and informed of the requirements of this law and the SMMP which may
include sending new customers collection requirements, notifying the public through
publication and making information available to the public for inspection at the offices of
DPW or ELA during normal business hours;
(1) any person in doubt as to the proper preparation, handling, and disposal of any
type of solid waste should contact DPW, ELA, or the service provider for
instruction;
(f) conducting inspections, as well as investigating complaints, to ensure that solid waste
is managed in accordance with this law and the SMMP;
(1) no person may refuse access to any person authorized in this section who
requests access for purposes of inspecting an alleged violation based on probable
cause and who presents appropriate credentials;
(g) determining if the storage or disposal of solid waste has created a nuisance;
(h) issuing a citation to persons found in violation of this law in an amount set forth in the
fine and penalty schedule adopted by resolution of the Oneida Business Committee and
pursuant to the Nation’s Citation Law;
(1) each day of a continuing violation may be charged as a separate violation and
the officer may issue a separate citation;
(i) making referrals to the Oneida Police Department, the Oneida Conservation
Department, or the Zoning Department, when deemed necessary, for further investigation
or enforcement consistent with this law;
(j) notifying all customers of the Nation of the terms and conditions for collection; and
(k) making reasonable rules for the regulation and administration of this law as may be
necessary for the proper storage, collection, removal, and disposal of solid waste within
the Reservation.
405.5-2. The Oneida Police Department shall be delegated the authority to enforce the provisions
of this law, which shall include, but not be limited to:
(a) investigate complaints and referrals from DPW or ELA for suspected violations of
this law;
(b) obtain a search warrant and conduct inspections if necessary to enforce the provisions
of this law;

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(1) no person may refuse access to any person authorized in this section who
requests access for purposes of inspecting an alleged violation based on probable
cause and who presents appropriate credentials; and
(c) issue citations consistent with the fine and penalty schedule developed by DPW and
ELA and approved by the Oneida Business Committee;
(1) each day of a continuing violation may be charged as a separate violation and
the officer may issue a separate citation.
405.6. Collection and Disposal of Solid Waste
405.6-1. Mandatory Curbside Collection. All approved solid waste shall be collected from
customers provided such materials are properly handled, prepared, contained, stored, and located.
Curbside collection is generally for residential customers.
405.6-2. Collection Preparation and Storage Requirements. Customers located within the
Reservation must adhere to the following:
(a) only approved bins provided by the Nation or its service provider are acceptable for
collection;
(b) all solid waste shall be maintained in such a manner as to prevent the creation of a
nuisance to public health and safety;
(c) when placed for curbside collection, containers shall not be placed in a manner that
obstructs driveways, legally parked vehicles, and snow removal efforts;
(d) to the greatest extent practicable, solid waste should be clean and kept
free of hazardous waste or medical waste; and
(e) solid waste shall be stored in a manner that protects it from
wind, rain, and other inclement weather conditions.
405.6-3. Collection Requirements. DPW shall provide a collection service within the Reservation
that includes, at a minimum:
(a) periodic collection of solid waste; provided, such waste is properly handled, prepared,
contained, and stored in accordance with this law and the SMMP; and
(b) the issuance of containers that are adequate for the storage of collectable solid waste.
405.6-4. The following shall apply to the collection and disposal of all solid waste within the
Reservation, regardless of the curbside service provider:
(a) All solid waste shall be collected and transported in a manner that prevents the waste
from leaking, blowing off, or falling from the transport vehicle.
(b) No commercial solid waste transporter shall operate or conduct business within the
Reservation without a solid waste transport license issued from the State of Wisconsin.
405.6-5. Separation. Occupants of single and two-to-four-unit residences, multi-family dwellings,
and the designated agent at non-residential facilities and properties shall separate certain items
from solid waste in accordance with the terms and conditions of collection as provided by the
service provider. Some items that must be separated from solid waste are likely not collectable and
some are likely collectable only during a special collection.
405.6-6. Right to Reject. ELA or its designated collection and transportation service reserve the
right to refuse to collect any solid waste that is not handled, prepared, contained, stored, or located
in accordance with this law or the SMMP.

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405.6-7. Special Collections. The collection of some items will be scheduled annually and posted
on the Nation’s website.
405.7 Non-Collectable Solid Waste
405.7-1. No person may place for curbside collection or deposit at any location within the
Reservation any of the following types of solid waste:
(a) hazardous waste;
(b) pesticides;
(c) medical waste;
(d) asbestos;
(e) sludge;
(f) industrial or commercial waste from any industrial or commercial facility or operation;
(g) residue or debris from the clean-up of a chemical discharge or chemical residue and
debris from any facility or operation using chemicals in any commercial, agricultural, or
industrial process;
(h) medical waste;
(i) sewage;
(j) deer carcasses or other large animal carcasses weighing over one hundred (100) pounds;
collection of which is subject to the terms and conditions of service agreements between
the Nation, surrounding Counties and municipalities, and the State;(k) trees or any other
material that does not meet the definition of yard waste;
(k) wood treated with chemical preservatives;
(l) explosive material;
(m) material that would otherwise be recyclable material but is contaminated by hazardous
or medical waste;
(n) e-waste;
(o) any other material expressly prohibited by the SMMP if DPW has provided adequate,
advanced notice to the public; and
(p) any item expressly prohibited by the service provider.
405.8. Non-Residential Facilities and Properties and Multi-Family Dwellings
405.8-1. Owners of non-residential facilities and properties and multi-family dwellings or their
designated agents shall do the following:
(a) provide adequate, separate containers for solid waste and provide a collection and
delivery service of those solid wastes to a processing facility;
(b) notify, in writing, at the time of signing the lease and annually thereafter, all users,
tenants, and occupants of the property about this law and the SMMP; and
(c) notify users, tenants, and occupants of which materials are collected, how to prepare
the materials in order to meet the collection and processing requirements of this law and
the SMMP, the collection methods, or sites, including address and hours of operation, and
the contact person or company, including name, address, and telephone number.
405.9. Prohibitions

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405.9-1. Unless authorized, no person shall:
(a) burn solid waste;
(b) dump, deposit, or throw solid waste from a stopped or moving vehicle upon a highway,
road, or right of way within the Reservation;
(c) dump, dispose, throw, or leave solid waste in any waterway located within the
Reservation, at any time of the year;
(d) dump, dispose, or leave solid waste within the Reservation in a dumpster or waste bin
that does not belong to that customer and is not authorized for that customer’s use;
(e) store, handle, dump, deposit, leave, or throw solid waste in any way reasonably likely
to cause a nuisance;
(f) neglect or refuse to clean up and remove from the premises any solid wastes that are
stored in violation of this law and when ordered to do so by DPW, ELA, the Oneida Police
Department, or the Nation’s Zoning Department; and
(g) dump, dispose, or leave solid waste within the Reservation in a location or manner not
authorized by the SMMP or that would violate this law, the Public Peace law, or any other
law of the Nation.
405.10. Right to Refuse Collection
405.10-1. If solid wastes are not properly handled, prepared, contained, stored, or located, the
service provider may not collect.
(a) Instead of collecting, the service provider may leave a notice explaining the reason for
non-collection and allowing the customer time to correct, typically until the next collection.
(b) If the customer has not corrected by the next collection, the service provider will notify
DPW for enforcement under this law.
End.
Adopted – BC–12-14-94-A
Amended – BC-2-15-95-K
Amended – BC-11-9-98-A (Emergency amendments – expired)

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RECYCLING AND SOLID WASTE DISPOSAL
LAW AMENDMENTS
LEGISLATIVE ANALYSIS
SECTION 1. EXECUTIVE SUMMARY
Analysis by the Legislative Reference Office
Intent of the
Legislation or
Amendments

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Rename the law from “Recycling and Solid Waste Disposal” to “Solid Waste
Disposal.” [4 O.C. 405].
Remove the separation of “recycling” and “solid waste” and instead redefine
solid waste to include recyclable materials. [4 O.C. 405.3-1(v); 4 O.C. 405.6].
Clarify in the definitions the following terms: “customers,” “e-waste,” “major
appliances,” “reservation,” “service provider,” and “sharps.” [4 O.C. 405.11(a); (f); (p); (h); (p); (q); (s)].
Clarify the management of solid waste within the Reservation will be
governed by this law, the Nation’s Sustainable Materials Management Plan,
and applicable provisions of the Resource Conservation and Recovery Act. [4
O.C. 405.4].
Clarify that Division of Public Works (“DPW”) and Environmental Land and
Agriculture (“ELA”) have the authority to administer certain provisions of
this law, including informing the public of certain requirements, determining
nuisances, procuring service providers, and making rules for the regulation
and administration of this law. [4 O.C. 405.5].
Clarify there will be a fine and penalty schedule developed by DPW and ELA
and approved by the Oneida Business Committee. [4 O.C. 405.5-1(h)].
Clarify certain items need to be separated; ELA, or the service provider may
refuse pick up; and there will be a special collection of some items which will
be scheduled annually and posted on the Nation’s website. [4 O.C. 405.6.7];
[4 O.C. 405.7]; [405 O.C. 405.10].
Clarify that deer carcasses and other large animal carcasses are not collectable
and may not be place for curbside collection. [4 O.C. 405.7-1(j)].
Clarify it is prohibited to burn solid waste, dump, throw, or leave solid waste
in unauthorized areas, in any way that creates a nuisance, or in any way that
violates the Sustainable Materials Management Plan, other provisions of the
Recycling and Solid Waste Disposal Law, the Public Peace Law, or any other
law of the Nation. [4 O.C. 405.9].
Various grammatical changes and other minor drafting changes throughout
the law.

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Purpose

The purpose of this law is to set forth the process by which the Oneida Nation will
reduce, manage, and dispose of recyclable materials and solid waste within the
jurisdictional boundaries of the Nation. [4 O.C. 405.1-1].

Affected Entities

The Oneida Nation Division of Public Works (“DPW”), the Oneida Nation
Environmental, Land & Agriculture Division (“ELA”), the Oneida Police
Department, the Oneida Nation Zoning Department, any present or future service
provider, all residential and commercial properties within the Reservation who use
the Nation’s contracted service provider.

Enforcement

The Recycling and Solid Waste Disposal Law delegates authority to DPW and
ELA to administer certain provisions of the law. [4 O.C. 405.5-1]. This authority
includes:
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Due Process

Overseeing the implementation and enforcement of this law and the
Sustainable Materials Management Plan “(SMMP”). [4 O.C. 405.5-1(a)].
Hiring third-party service providers. [4 O.C. 405.5-1(b)].
Developing and amending the SMMP to be consistent with the Recycling
and Solid Waste Disposal Law and at least once every five years. [4 O.C.
405.5-1(c).
Developing a fine and penalty schedule. [4 O.C. 405.5-1(d)].
Taking reasonable measures to ensure that the public is aware and
informed of the requirements of this law and the SMMP. [4 O.C. 405.51(e)].
(f) conducting inspections and investigating complaints. [4 O.C. 405.51(f).
Determining if the storage or disposal of solid waste has created a
nuisance. [4 O.C. 405.5-1(g)].
Issuing a citation to persons found in violation of this law. [4 O.C. 405.51(h)].
Making referrals to the Oneida Police Department, the Oneida
Conservation Department, or the Zoning Department, when deemed
necessary, for further investigation or enforcement consistent with this
law. [4 O.C. 405.5-1(i)].
Notifying all customers of the Nation of the terms and conditions for
collection. [4 O.C. 405.5-1(j)].
Making reasonable rules for the regulation and administration of this law
as may be necessary for the proper storage, collection, removal, and
disposal of solid waste within the Reservation. [4 O.C. 405.5-1(k)].

DPW, ELA, and the service provider are required to take reasonable measures to
notify the public of the requirements of this law and the SMMP. [4 O.C. 405.51(e)].

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Any person in doubt as to the proper preparation, handling, and disposal of any type
of solid waste can contact DPW, ELA, or the service provider for instruction. [4
O.C. 405.5-1(e)(1)].
If solid wastes are not properly handled, prepared, contained, stored, or located, and
the service provider does not collect, the service provider may leave notice
explaining the reason for non-collection and allowing the customer time to correct,
typically until the next collection. [4 O.C. 405.5.10].
Public Meeting

A public meeting was held on February 12, 2026. The public comment period was
held open until February 19, 2026.

Fiscal Impact

A fiscal impact statement prepared in accordance with the Legislative Procedures
Act was requested on March 18, 2026, and is due April 1, 2026.

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SECTION 2. LEGISLATIVE DEVELOPMENT

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A. Background. The Recycling and Solid Waste Disposal Law was originally adopted by the Oneida
Business Committee on December 14, 1994, through resolution BC-12-14-94-A. The law was
subsequently amended by the Oneida Business Committee on February 15, 1995, through resolution
BC-2-15-95-K and emergency amended by the Oneida Business Committee on November 11, 1998,
through resolution BC-11-9-98-A. The Recycling and Solid Waste Disposal Law provides guidelines
for the proper management of solid waste within the Reservation. [4 O.C. 405.4; 405.5; 405.6; 405.7].
B. Request for Amendments. This item was originally added to the Active Files List on November 12,
2018, at the request of the Environmental, Health, Safety and Land Division, now named the
Environmental Land & Agriculture Division, to address matters such as curbside recycling, illegal
dumping, due process, and enforcement. This item was added to the Active Files list for a second time
on October 7, 2020. This item was added to the Active Files list for a third time on October 4, 2023.
The sponsors of the Recycling and Solid Waste Disposal Law amendments are Councilman Kirby
Metoxen and Councilman Jonas Hill.

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SECTION 3. CONSULTATION AND OUTREACH

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SECTION 4. PROCESS

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Representatives from the following departments or entities participated in the development of the
amendments to this Law and legislative analysis:
▪ Oneida Nation Division of Public Works (“DPW”);
▪ Oneida Nation Environmental, Land & Agriculture Division (“ELA”); and
▪ Oneida Police Department.
The following laws and policies of the Nation were reviewed in the drafting of this analysis:
▪ Sustainable Materials Management Plan (“SMMP”);
▪ Zoning and Shoreland Protection Law [6 O.C. 605]; and
▪ Public Peace Law [3 O.C. 309].

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A. The amendments to this Law comply with the process set forth in the Legislative Procedures Act.
▪ On October 4, 2023, the Legislative Operating Committee added this Law to its Active Files List
for amendments to this legislative term.
▪ On November 5, 2025, the Legislative Operating Committee approved the draft of the Recycling
and Solid Waste Disposal Law Amendments and directed the Legislative Reference Office to
complete a Legislative Analysis.
▪ On December 17, 2025, the Legislative Operating Committee accepted the Legislative Analysis
and approved the public meeting packet for a public meeting to be held on the proposed
amendments to the Recycling and Solid Waste Disposal Law to be held on February 12, 2026.
▪ On February 12, 2026, the Legislative Operating Committee held a public meeting. The public
comment period was held open until February 19, 2026.
▪ On March 4, 2026, the Legislative Operating Committee accepted the public comments and the
public comment review memorandum and deferred to a work meeting for further consideration.
B. At the time this legislative analysis was developed the following work meetings had been held
regarding the development of the amendments to this law:
▪ August 12, 2024: LOC work meeting with DPW, ELA, and the Oneida Police Department.
▪ August 22, 2024: LOC work meeting with DPW and ELA.
▪ August 23, 2024: LOC work meeting with LRO and Shannon Stone of DPW.
▪ September 5, 2024: LOC work meeting with DPW and ELA.
▪ October 24, 2024: LOC work meeting with DPW and ELA.
▪ December 4, 2024: LOC work meeting.
▪ January 28, 2025: LOC work meeting with DPW and ELA.
▪ March 5, 2025: LOC work meeting.
▪ March 31, 2025: LOC work meeting with DPW and ELA.
▪ April 21, 2025: LOC meeting with Ronald Vanschyndel of DPW.
▪ July 7, 2025: LOC work meeting with Ronald Vanschyndel of DPW.
▪ September 12, 2025: LOC work meeting with DPW and ELA.
▪ October 16, 2025: LOC work meeting with DPW and ELA where the LOC informally approved
the final draft.
▪ March 4, 2026: LOC work session.

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SECTION 5. CONTENTS OF THE LEGISLATION

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A. Application of the Law. The proposed amendments improve the management of solid waste within
the Reservation. [4 O.C. 405.4] The management of solid waste within the Reservation is clarified by
defining “Customer” and “Service provider.” [4 O.C 405.3-1(a); (q)].
▪ Effect. The proposed amendments clarify that this law covers all residential and commercial
properties within the Reservation who use the Nation’s service provider. The Nation’s service
provider is defined as the company with whom the Nation contracts to provide collection services
for the solid waste to be collected within the Reservation. These proposed amendments clarify the
scope of the Nation’s ability to regulate the management of solid waste within the Reservation
which has a direct impact on the health, safety, and welfare of the community.
B. Defining “solid waste.” The proposed amendments expand the definition of solid waste to include
various categories of materials. [4 O.C. 405.3-1(v)(a)-(e)].

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Effect. The proposed amendments expand the definition of solid waste by including five separate
categories. Rather than distinguishing solid waste and recyclable materials, the proposed definition
includes recyclable materials as one category of solid waste. By expanding the definition of solid
waste to include more categories and more specific categories of waste materials, including
recyclable materials which have previously been distinguished, the proposed amendments expand
and clarify the application of this law and make it easier for the Nation, the service provider, and
customers to identify its scope and application.
C. Applicable laws and policies. The proposed amendments clarify the proper handling, storage,
collection, transportation, processing, recycling, and disposal of solid waste within the Reservation will
be governed by this law, the Sustainable Materials Management Plan, and the applicable provision of
the Resource Conservation and Recovery Act. [4 O.C. 405.4].
▪ Effect. The proposed amendments clarify which laws and policies will govern, which expands the
Nation’s ability to self-govern.
D. Duty to notify. The proposed amendments require DPW, ELA, and the service provider to take
reasonable measures to notify the public about the requirements of the law and the SMMP. [4 O.C.
405.5(e)]. In order to make the public aware of the requirements of this law DPW, ELA, and the
service provider may send new customers the collection requirements, notify the public through
publication, and make materials available at the offices of DPW and ELA. Id.
▪ Effect. The proposed amendments clarify the Nation must notify all customers within the
Reservation of the requirements of this law and the SMMP. This requirement will make it easier
for the Nation and the service provider to identify and enforce and easier for customers to identify
what is required of them.
E. Special Collections. The proposed amendments require the Nation to schedule special collections and
post the schedule on the Nation’s website. [4 O.C. 405.6-7].
▪ Effect. The proposed amendments clarify that although some items are considered non-collectable,
the Nation will schedule and post on the Nation’s website the collection of certain items.
F. Deer and large animal carcasses. The proposed amendments clarify the kinds of animal carcasses that
are considered non-collectable. [4 O.C. 405.7(j)]. Rather than disallowing all dead animal carcasses
the proposed amendment clarifies that deer carcasses and large animal carcasses weighing over one
hundred (100) pounds would be considered non-collectable. Id.
▪ Effect. The proposed amendment clarifies the scope of dead animal carcasses that the Nation and
its service provider will not accept as part of regular collections; allowing the Nation and its service
provider more control over the types of materials it is required to collect and manage.
G. Prohibitions. The proposed amendments clarify prohibitions and what is not allowed of any person,
not only customers of the Nation’s service provider. [4 O.C. 405.9] It will be prohibited to:
▪ burn solid waste [4 O.C. 405.9(a)];
▪ dump, dispose, throw, or leave solid waste:
▪ in any waterway;
▪ from a stopped or moving vehicle upon a highway, road, or right of way with the Reservation;
▪ in any dumpster or waste bin that does not belong to that customer and not authorized for
that customer’s use;
▪ within the Reservation in a location or manner not authorized by the SMMP or that would
violate this law, the Public Peace law, or any other law of the Nation [4 O.C. 405.9(c); (b);
(d); (g)];

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store, handle, dump, deposit, leave, or throw solid waste in any way reasonably likely to cause a
nuisance [4 O.C. 405.9(e)]; and
▪ neglect or refuse to clean up and remove from the premises any solid wastes that are stored in
violation of this law and when ordered to do so by DPW, ELA, and the Oneida Police Department,
or the Nation’s Zoning Department. [4 O.C. 405.9(f)].
▪ Effect. The proposed amendments allow the Nation to further ensure the health and safety of the
Nation and the Reservation by disallowing certain activities of all people, not only the customers
of the Nation’s service provider.
H. Right to Refuse Collection and Right to Reject. The proposed amendments include a new section
allowing the Nation’s service provider to refuse collection if solid waste is not properly handled,
prepared, contained, stored, or located. [4 O.C. 405.10]. The proposed amendment further clarifies that
the service provider may leave notice explaining the reason for not collecting and allowing the person
time to correct. [4 O.C. 405.10-1(a)]. If the person has not corrected by the next collection cycle, the
proposed amendment authorizes the service provider to notify DPW for enforcement under the law. [4
O.C. 405.10-1(b)].
▪ Effect. The proposed amendment strengthens the Nation’s ability to enforce the collection and
management of solid waste within the Reservation. The proposed amendments also require the
Nation to notify all persons who use the Nation’s service provider of the requirements of
collections. This proposed amendment then allows the Nation’s to enforce the requirements of
collections.
I. Other amendments. Overall, a variety of other amendments and revisions were made to the law to
address formatting, drafting style, and organization that did not affect the substance of the law.

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SECTION 6. EXISTING LEGISLATION

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A. Related legislation. The following laws of the Nation are related to the proposed amendments to this
law:
▪ Zoning and Shoreland Protection. The purpose of the Zoning and Shoreland Protection law is to
establish a zoning plan for tribal lands held in trust and fee, heirship lands, and individual trust
and fee lands within the Reservation by dividing the Reservation into districts, regulate the use of
land and buildings on lots and the density of the population, and provide for the administration
and enforcement of this law, assist in guiding the future development of the Reservation and
protect the character and stability of residential, commercial, industrial, agricultural, and other
districts within the Reservation, and assure the orderly and beneficial development of such areas.
[6 O.C. 605.1-1].
▪ The Zoning and Shoreland Protection law defines “Public nuisance” as “a thing, act,
occupation, condition, or use of property which continues for such length of time as to:
(1) substantially annoy, injured, or endanger the comfort, health, repose, or safety of the
public; (2) [i]n any way render the public insecure in life or in the use of property; or (3)
[g]reatly offend the public morals or decency; or (4) [u]nlawfully and substantially
interfere with, obstruct, or tend to obstruct or render dangerous for passage any street,
alley, highway, navigable waters or other public way, or the use of public property.” [6
O.C. 605.3-1(iiiii)].
▪ According to the Zoning and Shoreland Protection law a person commits a public
nuisance “by using or maintaining their property in any manner which endangers the

▪

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public’s health, safety[,] or welfare, limits the use or enjoyment of neighboring property,
or causes or tends to cause diminution of the value of the property of others in the are in
which such property is located.” [6 O.C. 605.6-12].
▪ According to the Zoning and Shoreland Protection law the Zoning Administrator is
responsible for the administration and enforcement of this law and responsible for
determining whether a public nuisance exists. [6 O.C. 605.3-1(xxxxxx); 605.6-12(a)].
▪ The Zoning and Shoreland Protection law categorizes public nuisances into the following
categories:
▪ storage of chemicals;
▪ outdoor storage and waste disposal;
▪ noise;
▪ emission smoke;
▪ emission of particulate matter, heat and glare;
▪ toxic and noxious matter;
▪ radioactivity or electrical disturbance;
▪ vibration;
▪ storage of vehicles;
▪ other public nuisances;
▪ weeds and rank growth;
▪ exterior storage of supplies;
▪ building exteriors; and
▪ other public nuisances. [6 O.C. 605.6-12(b)-(p)].
▪ The proposed amendments align with the Zoning and Shoreland Protection law by
strengthening the Nation’s ability to monitor and enforce any activity identified as a
nuisance; either through the Zoning and Shoreland Protection law or the proposed
amendments to the Recycling and Solid Waste Disposal Law. [6 O.C. 605.6-12; 4 O.C.
405.5-1(g)].
Public Peace Law. The purpose of the Public Peace law is to set forth community standards and
expectations which preserve the peace, harmony, safety, health, and general welfare of individuals
who live within the boundaries of the Reservation. [3 O.C. 309.1-1]. The Public Peace law’s
underlying policy is to promote peace and order within the boundaries of the Reservation while
also providing an orderly process for addressing civil infractions that occur. [3 O.C. 309.1-2].
▪ According to the Public Peace law, a person commits the civil infraction of nuisance
whenever they engage in a thing, act, occupation, condition, or use of property which
continues for such length of time as to:
▪ substantially annoy, injure, or endanger the comfort, health, repose, or safety of the
public;
▪ in any way render the public insecure in life or in the use of property; or
▪ greatly offend the public morals or decency. [3 O.C. 309.6-6].
▪ According to the Public Peace law a person commits the civil infraction of maintaining a
chronic nuisance house if they have three (3) or more police contacts during a twelve (12)
month period at the premises they own or occupy through a lease or rental agreement. [3
O.C. 309.6-7].

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▪

According to the Public Peace law a person can commit the following infractions against
health and safety:
▪ Littering: the depositing, throwing, dumping, discarding, and abandoning of litter.
▪ Litter is defined as all rubbish, waste materials, refuse, garbage, trash debris, or
other foreign substances, solid, liquid, or every form, size, and kind. [3 O.C.
309.10-1].
▪ Unsightly area: allowing any scrap, refuse, junk, salvage, rubbish or property within
the exterior boundaries of the Reservation that creates unsightly areas or contributes to
health and safety hazards. [3 O.C. 309.10-2].
▪ If the Oneida Police Department determines an individual has violated a provision of the
Public Peace law, the individual may be subject to a citation, including fines and other
penalties. [3 O.C. 309.11].
▪ The proposed amendments align with the Public Peace law by strengthening the Nation’s
ability to monitor and enforce any activity identified as a nuisance; either through the
Public Peace law or the proposed amendments to the Recycling and Solid Waste Disposal
Law. [6 O.C. 605.6-12; 4 O.C. 405.5-1(g)].
▪ The proposed amendments align with the Public Peace law by prohibiting nuisance
activities and requiring DPW and ELA to determine if the storage or disposal of solid
waste has created a nuisance. [4 O.C. 405.1-1(g)].
▪ The proposed amendments further align with the Public Peace law because like the
Public Peace law, the Oneida Police Department and the Oneida Zoning Department
have the authority to investigate complaints and referrals, obtain search warrants and
conduct inspections and issue citations. [4 O.C. 405.5-2].
▪ Citations Law. The purpose of the Citations law is to provide a process that governs all citations
that fall under the jurisdiction of the Oneida Nation. [8 O.C. 708.1-1].
▪ According to the Citations law an officer may issue a citation to any person they have
reasonable grounds to believe has committed a violation of a law of the Nation that
expressly permits the issuance of a citation. [8 O.C. 807.4-2].
▪ When an officer issues a citation, a civil action in the Oneida judiciary is commenced for
the purposes of collecting a fine or penalty. [8 O.C. 807.4-1].
▪ The Citations law requires the citation contain specific information, be served on the
defendant, and be filed with the Oneida judiciary. [8 O.C. 807.4-3; 807.4-4; 807.4-5].
▪ The Citations law contains the requirements of hearing procedures [8 O.C. 807.6].
▪ The proposed amendments align with Citations law by enhancing the Nation’s ability to
monitor, investigate, and enforce violations of the Nation’s law, especially violations that
may impact the health, safety, and welfare of the Reservation. [8 O.C. 807.1-1].
B. Related Policy. The following policy of the Nation is related to the proposed amendments to this law:
▪ Sustainable Materials Management Plan. The purpose of this policy is to:
▪ Implement effective materials management practice, including source-reduction and
recycling programs and planning and developing future materials management activities.
[Environmental Health, Safety, Land, and Agriculture Division, Sustainable Materials
Management Plan (2023)].
▪ Describe the community and service areas, including demographic, geographic, and waste
generation characteristics. [Id].

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▪

Describe the Nation’s administrative structure, including its framework for implementing
waste and recycling services and programs. [Id].
• Document existing materials management programs and conditions. [Id].
▪ Present proposed materials management practice and alternatives to improve the
performance of the Nation’s materials management system. [Id].
▪ Identify the preferred short-term and long-term actions by the Nation to implement
responsible and sustainable materials management practices, including strategies to
address persistent materials management challenges. [Id].
▪ Guide planning decisions that improve the performance of the Nation’s materials
management system. [Id].
▪ Describe the Nation’s process of adopting the plan. [Id].
▪ This policy provides detailed information on how the Nation will manage all solid waste
generated and collected within the Reservation. [Id].
▪ The proposed amendments align with the Sustainable Materials Management Plan by
creating an overarching framework for the management and collection of solid waste
generated within the Reservation. The policy provides detailed information and guidance
on how the Nation will manage and collect solid waste; the proposed amendments provide
the larger framework of requirements. The proposed amendments require the SMMP to be
amended at least once every five years and in a manner consistent with the Recycling and
Solid Waste Disposal Law.
C. Related Service Agreement. The following service agreement between the Nation and Brown County,
Wisconsin is related to the proposed amendments to this law:
▪ Solid Waste Management Services Agreement. The purpose of the Solid Waste Management
Services Agreement (“the Agreement”) is to:
▪ regulate the storage, transfer, source separation, processing, treatment, recovery, and
disposal of Solid Waste, Recycling, and household hazardous waste between the Oneida
Nation and Brown County, Wisconsin. [Port & Resource Recovery Department and the
Oneida Nation, Solid Waste Management Service Agreement (2022)].
▪ The proposed amendments align with the Agreement by maintaining standards and
requirements for the collection and disposal of all solid waste within the Reservation.

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A. The Recycling and Solid Waste Disposal Law gives authority to the Nation’s Department of Public
Works and the Nation’s Environmental Land & Agriculture Department to administer the provisions
of the law, including the authority to make referrals to the Oneida Police Department and the Nation’s
Zoning Department for further investigation and enforcement. [4 O.C. 405.5].
B. The Recycling and Solid Waste Disposal Law clarifies and enumerates the authority of DPW and ELA.
[4 O.C. 405.5-1]. DPW and ELA shall be delegated the authority to administer the provisions of the
law, including the authority to:
▪ oversee the implementation and enforcement of this law and the SMMP, including
the authority to delegate certain of those duties to other agencies of the Nation or to third-party
service providers for implementation;
▪ follow the Nation’s RFP process for the procurement of third-party service providers;

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develop and amend the SMMP to be consistent with this law and at least once every five years and
subject to approval by the Oneida Business Committee through resolution;
▪ develop a fine and penalty schedule;
▪ take reasonable measures to ensure that the public is aware and informed of the requirements of
this law and the SMMP which may include sending new customers collection requirements,
notifying the public through publication and making information available to the public for
inspection at the offices of DPW or ELA during normal business hours;
▪ conduct inspections and investigate complaints, to ensure that solid waste is managed in accordance
with this law and the SMMP;
▪ determine if the storage or disposal of solid waste has created a nuisance;
▪ issue a citation to persons found in violation of any provision of this law in an amount set forth in
the fine and penalty schedule adopted by resolution of the Oneida Business Committee and
pursuant to the Nation’s Citation Law;
▪ make referrals to the Oneida Police Department, the Oneida Conservation Department, or the
Zoning Department, when deemed necessary, for further investigation or enforcement consistent
with this law;
▪ notify all customers of the Nation of the terms and conditions for collection; and
▪ make reasonable rules for the regulation and administration of this law as may be necessary for the
proper storage, collection, removal, and disposal of solid waste within the Reservation.
C. The Recycling and Solid Waste Disposal Law requires the Nation to handle, store, collect, transport,
transfer, process, recycle, and dispose of solid waste generated and collected within the Reservation in
accordance with the provisions of the law, the most current version of the SMMP, and applicable
provisions of the Resource Conservation and Recovery Act, a Federal law. [4 O.C. 405.4].
D. The Recycling and Solid Waste Disposal Law requires the SMMP to be interpreted in a manner
consistent with the law to the greatest extent possible. [4 O.C. 405.4-1(b)].
E. The Recycling and Solid Waste Disposal Law clarifies it will supersede the SMMP if there is an
irreconcilable conflict between a provision of the Solid Waste Disposal Law and the SMMP. [4 O.C.
405.4-1(b)(1)].
F. The Recycling and Solid Waste Disposal Law delegates authority to the Oneida Police Department to
enforce the provisions of the law, including:
▪ investigating complaints and referrals from DPW or ELA for suspected violations of this law;
▪ obtaining a search warrant and conducting inspections if necessary to enforce the provisions of this
law; and
▪ issuing citations consistent with the fine and penalty schedule developed by DPW and ELA. [4 O.C
405.5-2].
G. The Recycling and Solid Waste Disposal Law authorizes the service provider to refuse collection if
solid waste is not properly handled, prepared, contained, stored, or located. [4 O.C. 405.10].
H. If the service provider determines solid wastes have not been properly handled, prepared, contained,
stored, or located and does not collect, the law requires the service provider to leave notice explaining
the reason for non-collection and allowing the customer time to cor

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Aoneida_nation%3Ad4328b45e541802b. Public record. Not legal advice.