Oneida Business Committee (2025)

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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

December 3, 2025

9:00 a.m.

Call to Order and Approval of the Agenda

II.

Minutes to be Approved

1. November 5, 2025 LOC Meeting Minutes (pg. 2)

III.

Current Business

1. Solid Waste Disposal Law Amendments (pg. 5)

2. Workplace Violence Law Amendments (pg. 34)

IV.

New Submissions

1. Petition: K. Schultz – General Welfare Assistance Payment to Membership #2025-03 (pg. 75)

2. Plastic Free Law (pg. 76)

3. Oneida Language Law (pg. 84)

4. Time and Attendance Law for Elected Officials (pg. 92)

Additions

VI.

Administrative Updates

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

GOOODO

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

November 5, 2025

9:00 a.m.

Present: Jameson Wilson, Jonas Hill, Kirby Metoxen [Microsoft Teams]

Excused: Jennifer Webster

Unexcused: Marlon Skenandore

Others Present: Clorissa N. Leeman, Grace Elliott, Carolyn Salutz,

Others Present on Microsoft Teams: Janice Decorah, Joshua Cornelius, Melissa Alvarado, Rae

Skenandore, Ralinda Ninham-Lamberies, Shannon Stone, Fawn Cottrell, Sarah White, Sidney

White, Kristal Hill, Fawn Billie, Ashley Blaker, David Jordan, Jason Martinez, Justin Nishimoto,

Taryn Webster, Tina Jorgensen, Rhiannon Metoxen, Terri Schiltz, Eric Boulanger, Ronald Van

Schyndel, Tavia James Charles

Call to Order and Approval of the Agenda

Jameson Wilson called the November 5, 2025, Legislative Operating Committee meeting

to order at 9:00 a.m.

Motion by Jonas Hill to adopt the agenda; seconded Kirby Metoxen. Motion carried

unanimously.

II.

Minutes to be Approved

1. October 15, 2025 LOC Meeting Minutes

Motion by Jonas Hill to approve the October 15, 2025 LOC meeting minutes and forward

to the Oneida Business Committee; seconded by Kirby Metoxen. Motion carried

unanimously.

III.

Current Business

1. Hunting, Fishing, and Trapping Law Amendments

Motion by Jonas Hill to approve the updated public comment review memo, draft, and

legislative analysis; seconded by Kirby Metoxen. Motion carried unanimously.

Motion by Jonas Hill to approve the approve the fiscal impact statement request

memorandum and forward to the Finance Department directing that a fiscal impact

statement be prepared and submitted to the LOC by November 21, 2025; seconded by

Kirby Metoxen. Motion carried unanimously.

(XJQOQO

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Legislative Operating Committee Meeting Minutes of November 5, 2025

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2. Budget and Finances Law Amendments

Motion by Jonas Hill to approve the updated draft and legislative analysis of the proposed

amendments to the Budget and Finances law; seconded by Kirby Metoxen. Motion carried

unanimously.

3. Eviction and Termination Law Amendments

Motion by Jonas Hill to approve the draft of the proposed amendments to the Eviction and

Termination law; seconded by Kirby Metoxen. Motion carried unanimously.

4. Solid Waste Disposal Law Amendments

Motion by Jonas Hill to approve and accept the proposed amendments and direct the

Legislative Reference Office to develop a legislative analysis; seconded by Kirby Metoxen.

Motion carried unanimously.

5. Workplace Violence Law Amendments

Motion by Jonas Hill to Accept the public comments and the public comment review

memorandum and defer to a work meeting for further consideration; seconded by Kirby

Metoxen. Motion carried unanimously.

6. Independent Contractor Law Amendments

Motion by Jonas Hill to accept the public comments and the public comment review

memorandum and defer to a work meeting for further consideration; seconded by Kirby

Metoxen. Motion carried unanimously.

7. Public Use of Tribal Land Law Amendments

Motion by Jonas Hill to accept the public comments and the public comment review

memorandum and defer to a work meeting for further consideration; seconded by Kirby

Metoxen. Motion carried unanimously.

IV.

New Submissions

1. Time and Attendance Law for Elected Officials

Motion by Jonas Hill to add the Time and Attendance Law for Elected Officials to the

Active Files List with Jonas Hill as the sponsor. No second to the Motion. Motion failed.

Motion by Kirby Metoxen to deny the request to add the Time and Attendance Law for

Elected Officials to the Active Files List. No second to the Motion; opposed by Jonas Hill.

Motion failed.

Motion by Jonas Hill to defer this item to the next LOC meeting; seconded by Kirby

Metoxen. Motion carried unanimously.

Additions

Legislative Operating Committee Meeting Minutes of November 5, 2025

Page 2 of 3

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VI.

Administrative Updates

1. E-Poll Results: Approval of the LOC and LRO FY 2026 Annual Reports for GTC

Motion by Jonas Hill to enter into the record the results of the October 23, 2025 e-poll

entitled, Approval of the LOC and LRO FY 2026 Annual Reports for GTC; seconded by

Kirby Metoxen. Motion carried unanimously.

2. Legislative Operating Committee Fiscal Year 2025 Fourth Quarter Report

Motion by Jonas Hill to approve the Legislative Operating Committee Fiscal Year 2025

Fourth Quarter Report and forward to the Oneida Business Committee; seconded by Kirby

Metoxen. Motion carried unanimously.

VII.

Executive Session

VIII. Adjourn

Motion by Kirby Metoxen to adjourn at 9:49a.m.; seconded by Jonas Hill. Motion carried

unanimously.

Legislative Operating Committee Meeting Minutes of November 5, 2025

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Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365

Oneida-nsn.gov

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ONEIDA

Legislative Operating Committee

December 3, 2025

Solid Waste Disposal

Submission Date: 11/12/18

LOC Sponsors: Jonas Hill and Kirby

Metoxen

Public Meeting: N/A

Emergency Enacted: N/A

Summary: This item was carried over from the last two (2) terms. In November 2018, the Environmental,

Health, Safety and Land Division requested that amendments be made to the Recycling and Solid Waste

Disposal law to address current matters such as curbside recycling, illegal dumping, due process, and

enforcement.

10/4/23 LOC: Motion by Jennifer Webster to add the Recycling and Solid Waste Disposal Law

Amendments to the Active Files List with Kirby Metoxen and Jonas Hill as the sponsors;

seconded by Jonas Hill. Motion carried unanimously.

08/12/24:

Work Meeting. Present: Jennifer Webster, Kirby Metoxen, Marlon Skenandore, Jameson

Wilson, Carolyn Salutz, Fawn Billie, Maureen Perkins, Ronald Vanschyndel, Shannon

Stone, Eric McLester, Mark Powless, Eric Boulanger. The purpose of this work meeting

was to pick up reviewing potential amendments since the last time the LRO worked on this

(June 2024). We were able to review the entire law, but Carolyn will need to schedule

another work meeting with just the LOC to review the old drafts and the work that has

been done.

The meeting discussed: EHSLD’s name is soon changing to Environmental Land and

Agriculture, DPW and zoning enforce some provisions of this law, law should allow

investigations without the need to get a warrant (when they get a call for possible violation

and need to immediately investigate), waste streams are still a huge issue, there needs to

be a distinction between minor violations and major dumping (something that could be

handled in a fine and penalty schedule), a fine and penalty schedule has never been

presented to the BC for adoption through resolution, illegal dumping is still a big concern,

the right to cure should be first a notice, no collection, then a fine, trash at parks is an issue

often because dumpsters aren’t possible, deer carcasses aren’t a huge issue, special

dumpsters are put out during hunting season, if carcasses become an issue zoning will issue

a citation, don’t really need a separate section of the law for deer carcasses (something that

could be put under “Prohibitions”), “Burning and Demolition Projects” doesn’t really need

its own section, this comes up when construction projects need to recycle, more of a zoning

issue, if needed can be handled by Disposition law (Disposition of Excess Tribal Property),

sometimes enforcement occurs outside Reservation, not always applicable to say “within

exterior boundaries of the Reservation”, might need to work with Intergovernmental

Affairs to sort out how enforcement should be conducted, people that violate this law

(illegal dumping is main concern) can only really be cited for trespass, or given a fine under

Public Use of Tribal Lands citation schedule.

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Maybe violations, citations, fines (enforcement provisions) could be included in the law

instead of the law directing EHSLD to develop a fine and penalty schedule.

08/22/24:

Work Meeting. Present: Jonas Hill, Marlon Skenandore, Jameson Wilson, Fawn Billie,

Fawn Cottrell, Maureen Perkins, Carolyn Salutz, Shannon Stone, Ronald Vanschyndel,

Bridget John, Eric McLester, Nicole Rommel, Victoria Flowers. The purpose of this work

meeting was for representatives from DPW and the Environmental Division to provide

their comments and input on potential amendments. Shannon Stone led the meeting.

Shannon started a line-by-line review, ending at Section 405.6, Collection and Disposal of

Recyclable Materials. Most of the conversation focused on policy, definitions,

enforcement, implementation, and policy.

08/23/24:

Work Meeting. Present: Shannon Stone and Carolyn Salutz. The purpose of this work

meeting was to review Carolyn’s notes, for Shannon to answer follow-up questions, and

make sure Carolyn is clear on requested edits so far.

09/05/24:

Work Meeting. Present: Jameson Wilson, Marlon Skenandore, Fawn Cottrell, Maureen

Perkins, Carolyn Salutz, Shannon Stone, Ronald Vanschyndel, Bridget John, Victoria

Flowers. The purpose of this work meeting was to finish reviewing the law line by line

from where the last work meeting ended, section 405.6. We did get through the entire law,

now drafting attorney will summarize notes, start making edits, and schedule the next work

meeting.

10/24/24:

Work Meeting. Present: Shannon Stone, Ronald Vanschyndel, Eric McLester, Victoria

Flowers, Jameson Wilson, Jonas Hill, Marlon Skenandore, Maureen Perkins, Kristal Hill,

Clorissa Leeman, Carolyn Salutz. The purpose of this meeting was to review the current

draft. We got through section 405.6 and should probably pick up the next review at line

248, section 405.7, Collection and Disposal of Solid Waste. One major issue that was

brought up was the fact we don’t really have ability to enforce recycling and it could just

be removed from the law. Another major issue was the fine and penalty schedule; at the

9/5 work meeting it was discussed that it could be included right in the law; Clorissa said

it should actually probably not go in the law and instead the law should delegate rule

making authority and a fine and penalty scheduled should be developed by the involved

departments.

12/4/24:

Work Meeting. Present: Jonas Hill, Jameson Wilson, Jennifer Webster, Kirby Metoxen,

Marlon Skenandore, Fawn Cottrell, Kristal Hill, Clorissa Leeman, Grace Elliott, Carolyn

Salutz. The purpose of this work meeting was to review the draft of a combined recycling

and solid waste into just solid waste and get LOC consensus on the combination. LOC

agreed to move forward with combing.

1/28/25:

Work Meeting. Present: Shannon Stone, Ronald Vanschyndel, Eric McLester, Bridget

John, Jameson Wilson, Jonas Hill, Marlon Skenandore, Jennifer Webster, Kirby Metoxen,

Maureen Perkins, Kristal Hill, Carolyn Salutz. The purpose of this work meeting was to

review the newest amendments. We did a line-by-line of the entire law; skipping some

sections that had no edits, but mostly the entire draft. We spent the most time discussing

animal carcasses. How they are handled seems to be through service

agreements/MOUs/MOAs between the counties, DNR, DOT. This is still an issue we need

to pick apart. The other issue to more strongly address is illegal dumping, trespassing, noncollections, commercial properties. Consensus was that current draft too strongly identified

issues with residential collections, illegal dumping and non-collections at commercial

properties still a concern.

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3/5/25:

Work Session. Present: Jameson Wilson, Jonas Hill, Kirby Metoxen, Jennifer Webster,

Kristal Hill, Fawn Cottrell, Fawn Billie, Clorissa Leeman. Grace Elliott, Carolyn Salutz.

The purpose of this work meeting was to review animal carcass/roadkill provisions. LOC

decided they do not want provisions that require someone to take a large animal to the

dump. LOC is okay leaving roadkill provisions as responsibility of

State/County/municipality as handled through service agreements/MOAs. Jonas did

mention he would like more information on how it is handled by

State/County/municipality.

3/31/25:

Work Meeting. Present: Shannon Stone, Victoria Flowers, Eric McLester, Nicole Rommel,

Bridget John, Jameson Wilson, Jonas Hill, Kristal Hill, Fawn Cottrell, Carolyn Salutz. The

purpose of this work meeting is to review the newest amendments. Because we are so close

to finalizing amendments Carolyn suggested we do an entire read-through. A few

comments and suggestions came up, mostly regarding definitions and making sure some

sections are clear (like if we need to say and define “illegal” dumping vs. dumping, and

definition of “reservation” and referencing service agreements for roadkill) – suggestions

that can easily be addressed by the LOC – the LOC is ready to review and approve the

draft and send it to public meeting.

4/21/25:

Work Meeting. Present: Ronald Vanschyndel, Jonas Hill, Kirby Metoxen, Kristal Hill,

Carolyn Salutz. The purpose of this meeting was for Ron to share his insights and

experiences related to how we are amending the law; things he believes we need to consider

and hasn’t been able to share in the larger work meetings. Some topics included: we do

actually need regulations on recycling (maybe a separate law but it is still needed), how to

manage goods from “cradle to grave,” how we can ensure purchasing is aware of waste

handling when they purchase. These suggestions might totally change the draft, Carolyn

will need to review suggestions, review the documents Ron provided, and come up with

some options for the LOC. We may need to make more changes and hold more work

meetings.

7/7/25:

Work Meeting. Present: Ronald Vanschyndel, Jonas Hill, Kristal Hill, Jennifer Webster,

Marlon Skenandore. The purpose of this work meeting was to discuss why it is important

to keep “recycling” in “recycling and solid waste.” The LOC members present decided to

keep it.

9/12/25:

Work Meeting. Present: Ronald Van Schyndel, Eric McLester, Nicole Rommel, Victoria

Flowers, Shannon Stone, Jennifer Webster, Kirby Metoxen, Fawn Billie, Fawn Cottrell,

Rhiannon Metoxen, Carolyn Salutz. The purpose of this work meeting was to update the

group on the LOC’s decision to keep recycling. The group, Victoria Flowers, especially

was opposed to keeping it. Ultimately, Jenny and Kirby made the policy decision on behalf

of the LOC to remove it. The other point mentioned was that now the RCRA, Resource

Conservation and Recovery Act, is mentioned. It is okay to mention the entire act and not

just the specific sections that apply.

10/16/25:

Work Meeting. Present: Ronald Van Schyndel, Eric McLester, Victoria Flowers, Shannon

Stone, Bridget John, Jameson Wilson, Jonas Hill, Kirby Metoxen, Jennifer Webster, Fawn

Cottrell, Carolyn Salutz. The purpose of this meeting was to review two changes Carolyn

made and then to do a read-through to approve a final draft. Group did a read through and

did approve a final draft.

11/5/25 LOC: Motion by Jonas Hill to approve the draft of the Solid Waste Disposal Law Amendments

and direct the Legislative Reference Office to complete a Legislative Analysis; seconded

by Kirby Metoxen. Motion carried unanimously.

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Next Steps:

▪ Accept the draft and legislative analysis. Direct the Legislative Reference Office to schedule a

public meeting.

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Analysis to Draft 1

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SOLID WASTE DISPOSAL

LAW AMENDMENTS

LEGISLATIVE ANALYSIS

SECTION 1. EXECUTIVE SUMMARY

Analysis by the Legislative Reference Office

Intent of the

Legislation or

Amendments

▪

Purpose

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

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 changes throughout the law.

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].

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Analysis to Draft 1

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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 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:

•

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 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)].

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

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Analysis to Draft 1

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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 has not yet been held.

Fiscal Impact

A fiscal impact statement prepared in accordance with the Legislative Procedures

Act has not been requested.

SECTION 2. LEGISLATIVE DEVELOPMENT

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 through on November 11,

1998, through resolution BC-11-9-98-A. The Solid Waste Disposal law provides guidelines for the

proper management of solid wastes 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 Solid Waste Disposal law amendments are Councilman Kirby Metoxen and

Councilman Jonas Hill.

SECTION 3. CONSULTATION AND OUTREACH

▪

SECTION 4. PROCESS

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 this legislative term.

▪ On November 5, 2025, the Legislative Operating Committee approved the draft of the Solid

Waste Disposal Law Amendments and directed the Legislative Reference Office to complete

a Legislative Analysis.

•

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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Analysis to Draft 1

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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.

SECTION 5. CONTENTS OF THE LEGISLATION

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

provide 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)].

▪ 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 various and specific categories of waste materials,

including recyclable materials which has 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.

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Analysis to Draft 1

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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 noncollectable, 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 by any person,

not only customers of the Nation’s service provider. [4 O.C. 405.9] It will be prohibited to:

▪ the burn solid waste [4 O.C. 405.9(a)];

▪ dump, dispose, throw, or leave solid waste

i. in any waterway [4 O.C. 405.9(c)];

ii. from a stopped or moving vehicle upon a highway, road, or right of way with the

Reservation [4 O.C. 405.9(b)];

iii. in any dumpster or waste bin that does not belong to that customer and not

authorized for that customer’s use [4 O.C. 405.9(d)];

iv. 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(g)];

▪ store, handle, dump, deposit, leave, or throws solid waste in any way reasonably likely to cause

a nuisance [4 O.C. 405.9(e)];

▪ 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

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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 and policy 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 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. 605.612].

▪ 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;

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▪

• 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 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].

▪ 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.

o 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 created

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▪

unsightly areas or contributes to health and safety hazards. [3 O.C. 309.102].

▪ 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 Solid Waste

Disposal law. [6 O.C. 605.6-12; 4 O.C. 405.5-1(g)].

o 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)].

o 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 to 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].

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; and

▪ describe the community and service areas, including demographic, geographic,

and waste generation characteristics; and

▪ describe the Nation’s administrative structure, including its framework for

implementing waste and recycling services and programs; and

▪ document existing materials management programs and conditions; and

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▪

•

▪

present proposed materials management practice and alternatives to improve the

performance of the Nation’s materials management system; and

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; and

guide planning decisions that improve the performance of the Nation’s materials

management system; and

describe the Nation’s process of adopting the plan. [cite?]

This policy provide detailed information on how the Nation will manage all solid

waste generated and collected within the Reservation. [cite?]

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 Solid Waste Disposal Law. [cite?]

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A. The 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 Solid Waste Disposal law clarifies and enumerates the authority of DPW and ELA. [4 O.C. 405.51]. 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;

▪ 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 wastes are 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;

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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

▪ 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 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 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 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 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;

▪ issuing citations consistent with the fine and penalty schedule developed by DPW and

ELA. [4 O.C 405.5-2].

G. The Solid Waste Disposal law authorizes the service provider to refuse collection if solid wastes are 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 correct. [4 O.C. 405.10-1(a)].

I. If the customer has not corrected, the law authorizes the service provider to notify DPW for further

enforcement under the law. [4 O.C. 405.10-1(b)].

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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-10-28-20-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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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

RECYCLING AND SOLID WASTE DISPOSAL

405.1

405.2

405.3

405.4

405.5

405.6

405.7

Purpose and Policy

Adoption and Amendment

Definitions

Application

Authority

Collection and Disposal of Solid Waste

Separation of Recyclable Materials

405.78

405.89

405.910

405.101

Non-collectable Solid Waste

Non-residential facilities and Properties and Multifamily 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 recycling and solid waste disposal that could have an

adverse impact on members of the community or the environment and by implementing a recycling

and solid waste management program that emphasizes reducing, reusing, and recycling the

majority of recyclable materials and 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) “Bi-metal container” means a container for carbonated or malt beverages that is made

primarily of a combination of steel and aluminum.

(b) “Container board” means a type of packaging material used in shipping containers and

related products.

(ac)

“Customer”

mean

all residential

commercial

within the Reservation

-- and

- properties

- 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 and

separation of recyclable materials and solid waste at a non-residential facility or property.

(cd) “DPW” means the Oneida Nation Division of Public Works.

(de) “ELA” means the Oneida Nation Environmental, Land & Agriculture Division.

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(ef) “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.

(fg) “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.

(h) (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.

(p) “Plastic container” means an individual, separate, rigid plastic bottle, can, jar or carton,

that is used to contain a product that is the subject of a retail sale.

(oq) “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.

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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

recyclable materials and 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;

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, 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.

(wx) “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 recyclable materials and solid waste within the

Reservation.

(a) Recyclable materials and Solid waste shall be handled, stored, collected, transported,

transferred, processed, recycled, and disposed of in accordance with the provisions of this

law, and 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

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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.

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;

(ed) 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 recyclable

materials and solid wastes are 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;

(ge) determining if the storage or disposal of solid waste has created a nuisance;

(h) issuing a citation to persons found in violation of any provision of this law in an amount

set forth in thea 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;

(if) 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.

(g) taking reasonable measures to ensure that the public is aware and properly informed of

the requirements of this law and the SMMP, which includes, but is not limited to, that such

requirements be provided to the public through publication and made available to the public

for inspection at the offices of ELA.

(1) Any person in doubt as to the proper preparation, handling, and disposal of any

type of solid waste should contact ELA for instruction.

(jh) notifying all customers of the Nation of the terms and conditions for collection; and

ELA or its designated collection and transportation service reserve the right to refuse to

collect any recyclable materials or solid waste that is not handled, prepared, contained,

stored, or located in accordance with this law or the SMMP.

4 O.C. 405—Page 4

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(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 and wardens from the Oneida Conservation 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

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 Recyclable Materials

405.6-1. Mandatory Curbside Collection. All recyclable materials shall be collected from all

properties within the Reservation provided such materials are properly handled, prepared,

contained, stored, and located.

405.6-2. Public Notice. DPW and ELA shall take reasonable measures to ensure that the public is

aware and properly informed of the requirements of this section of the law and the SMMP, which

may include notifying the public through publication or making information available to the public

for inspection at the offices of DPW or ELA during normal business hours.

(a) Any person in doubt as to the proper preparation, handling, and disposal of any type of

recyclable materials should contact the service provider, DPW or ELA for instruction.

405.6-3. Collection Preparation and storage requirements. Regardless of service provider,

persons 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 recyclable materials shall be maintained in such a manner as to prevent the creation

of a nuisance to public health and safety;

(d) when placed for curbside collection, containers shall not be placed in a manner that

obstructs driveways, legally parked vehicles, and snow removal efforts;

(e) to the greatest extent practicable, recyclable materials shall be clean and kept free of

hazardous waste or medical waste;

(f) recyclable materials shall be stored in such a manner that protects it from

wind, rain, and other inclement weather conditions.

405.6-4. Collection Requirements. DPW shall provide a curbside collection service within the

Reservation that includes, at a minimum:

(a) weekly collection of recyclable materials provided such materials are properly handled,

prepared, contained, and stored in accordance with this law and the SMMP;

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(b) the issuance of containers that are adequate for the storage of recyclable materials.

405.6. Collection and Disposal of Solid Waste

405.6-1. Mandatory Curbside Collection. All approved solid waste shall be collected from all

customers properties 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. Regardless of service provider,

personsCustomers 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;

(cd) when placed for curbside collection, containers shall not be placed in a manner that

obstructs driveways, legally parked vehicles, and snow removal efforts;

(de) to the greatest extent practicable, solid waste should be clean and kept

free of hazardous waste or medical waste; and

(ef) solid waste shall be stored in such a manner that protects it from

wind, rain, and other inclement weather conditions.

405.6-3. Collection Requirements. DPW shall provide a curbside collection service within the

Reservation that includes, at a minimum:

(a) weekly periodic collection of solid waste, including yard 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.the

Oneida Nation Conservation Department.

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 wastes that are 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

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405.7-1. No person may place for curbside collection or deposit at any location within the

Reservation any of the following types of recyclable materials or solid waste:

(a) hazardous waste;

(b) pesticides;

(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;

(hi) medical waste;

(ij) sewage;

(jk) dead animal or 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;

(kl) trees or any other material that does not meet the definition of yard waste;

(lm) wood treated with chemical preservatives;

(mn) explosive material;

(no) material that would otherwise be recyclable material but is contaminated by hazardous

or medical waste;

(op) e-waste;

(pq) any other material expressly prohibited by the SMMP if DPW has provided adequate,

advanced notice to the public; and

(qr) any item expressly prohibited by the service provider.

405.89. Non-Residential Facilities and Properties and Multi-FamilyDwelling Families

Dwellings

405.89-1. 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 recyclable materials and solid waste and

provide a collection and delivery service of those recyclable materials and 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

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.

405.9-2. Right to Reject. ELA or its designated collection and transportation service reserve the

right to refuse to collect any recyclable materials or solid wastes that are not handled, prepared,

contained, stored, or located in accordance with this law or the SMMP.

405.911. Prohibitions

405.911-1. Unless authorized, no person shall:

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(a) burn solid waste;

(a) dump, deposit, or leave recyclable materials or solid waste in a location or in a manner

not authorized by this law or the SMMP;

(b) dump, deposit, or throw recyclable materials or solid waste from a stopped or moving

vehicle upon a highway, road, or right of way within the Reservation;

(d) neglect or refuse to clean up and remove from the premises any recyclable materials or

solid wastes that are stored in violation of this law and when ordered to do so by DPW,

ELA, the Oneida Police Department, Oneida Conservation Department, or the Nation’s

Zoning Department.

(ce) dump, dispose, throw, or leave of recyclable materials or solid waste in any waterway

located within the Reservation, at any time of the year; or

(df)

dispose

or dump, dispose, or leave recyclable materials or 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;

a way that would violate this law or any other law of the Nation.

(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.

- Right to Refuse Collection

405.102.

Right

to Cure

405.102-1. If recyclable materials or 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 person customer time to correct, typically until the next

collection.

(b) If the person customer has not corrected by the next collection, the service provider will

notify DPW or ELA 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)

4 O.C. 405—Page 8

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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

Purpose and Policy

Adoption and Amendment

Definitions

Application

Authority

Collection and Disposal of Solid Waste

405.7 Non-collectable Solid Waste

405.8 Non-residential facilities and Properties and

Multifamily Dwellings

405.9 Prohibitions

405.10 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.

(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.