# Oneida Business Committee (2025)

> Briefs, arguments, decisions, and more.

URL: https://www.frixlaw.com/law-library/documents/tribal%3Aoneida_nation%3Ae7d9f46b2b94529d

## 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
December 3, 2025
9:00 a.m.

I.

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)

V.

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
I.

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

Legislative Operating Committee Meeting Minutes of November 5, 2025
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ONEIDA

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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.

V.

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

r'\.

=DODDDD=

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

~
ONEIDA

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

~

ONEIDA

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

~
ONEIDA

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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

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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:
•
•
•
•
•

•
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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 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.

1

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 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.

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SECTION 3. CONSULTATION AND OUTREACH

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SECTION 4. PROCESS

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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 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.

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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
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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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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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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SECTION 8. OTHER CONSIDERATIONS

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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

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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;
(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, 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.
(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;
(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.

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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
(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 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;
(c) all recyclable materials shall be stored out of view from the roadway;
(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;
(c) all solid waste shall be stored out of view from the roadway;
(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;
(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;
(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
(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.
405.9-2. 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;
(c) burn recyclable materials or solid waste;
(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)

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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 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.
(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, 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:
(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;

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(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 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;
(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 and approved by the Oneida Business Committee;

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(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 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
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;

4 O.C. 405—Page 5

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(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;
(l) wood treated with chemical preservatives;
(m) explosive material;
(n) material that would otherwise be recyclable material but is contaminated by hazardous
or medical waste;
(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
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;
(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;

4 O.C. 405—Page 6

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Draft 1
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(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)

4 O.C. 405—Page 7

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Oneida Nation
Oneida Business Committee
Legislative Operating Committee
PO Box 365 • Oneida, WI 54155-0365
Oneida-nsn.gov

r'\.

=DODDDD=

ONEIDA

Legislative Operating Committee
December 3, 2025

Workplace Violence Law
Submission Date: 2/6/19
LOC Sponsor: Jennifer Webster

Public Meeting: 10/15/25
Emergency Enacted: N/A

Summary: This item was carried over from the last two (2) terms. This request for amendments to the
Workplace Violence law was added to the AFL in February 2019 upon request of the Nation’s Human
Resources Department. The Nation’s Human Resources Department requested amendments to the
Workplace Violence law to address investigative enforcement. Amendments are being sought to delegate
authority to investigators to put employees on investigative leave, and discipline employees. An amendment
was also sought so that if terminated, an employee would be ineligible for employment with the Nation but
may request forgiveness after five (5) years. This item was added to the AFL in conjunctions with a request
for amendments to the Oneida Personnel Policies and Procedures and the Investigative Leave Policy.
10/4/23 LOC: Motion by Jonas Hill to add the Workplace Violence Law Amendments to the Active Files
List with Jennifer Webster as the sponsor; seconded by Marlon Skenandore. Motion
carried unanimously.
7/29/24:

Work Meeting. Present: Jameson Wilson, Carolyn Salutz, Clorissa Leeman (Microsoft
Teams), Jennifer Webster (Microsoft Teams), Maureen Perkins (Microsoft Teams), Kristal
Hill (Microsoft Teams), Todd Vanden Heuvel (Microsoft Teams), Rita Reiter (Microsoft
Teams), Laura Laitinen-Warren (Microsoft Teams). The purpose of this work meeting was
to review the draft, we did a line-by-line review of the entire draft. One issue left to
consider: how involved do we want supervisors to be in determining the final resolution?
Should supervisors be involved in deciding the final resolution with EEO/HRD or not
involved but able to dispute the final resolution or not involved or able to dispute. A
suggestion was to invite managers, supervisors, etc., to next work meeting to discuss.

9/4/24 LOC:

Motion by Jonas Hill to accept the request for amendments to the Workplace Violence law
as information, noting the Workplace Violence law is already on the Active Files List;
seconded by Marlon Skenandore. Motion carried unanimously.

10/18/24:

Work Meeting. Present: Matthew Denny, Todd Vanden Heuvel, Laura Laiten-Warren,
Peggy Van Gheem, Clorissa Leeman, Grace Elliott, Carolyn Salutz, Fawn Cottrell, Kristal
Hill, Maureen Perkins, Jameson Wilson, Kirby Metoxen, Marlon Skenandore. The purpose
of this work meeting was to review the draft, we did a line-by-line edit. No major
suggestions for edits were brought up, the work group was satisfied with the current
amendments; there were minor suggestions for changes; wording, more inclusion of the
law office in workplace violence investigations. There was a lot of discussion on the
supervisor’s role in the investigation and discipline.

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1/13/25:

Work Meeting. Present: Laura Laiten-Warren, Marie Cornelius, Peggy Van Gheem, Grace
Elliott, Carolyn Salutz, Maureen Perkins, Fawn Billie, Jameson Wilson, Marlon
Skenandore, Jonas Hill, Jennifer Webster, Kirby Metoxen. The purpose of this work
meeting was to continue to review edits. We did a line-by-line review of the entire draft.
The group was still satisfied with the amendments and no major suggestions were made;
most suggestions were to clarify processes or definitions. Carolyn will summarize notes
and send to attendees, work on newest amendments, and then schedule the next work
meeting.

2/14/25:

Work Meeting. Present: Laura Laiten-Warren, Matthew Denny, Peggy Van Gheem, Kristal
Hill, Fawn Cottrell, Jameson Wilson, Jonas Hill, Marlon Skenandore, Jennifer Webster.
The purpose of this meeting was to review the latest amendments. There was a brief backand-forth between Matt Denny and Peggy about when the EEO Office should notify the
law office – Peggy said immediately when an investigation is started, Matt said EEO
shouldn’t be required to notify them immediately. This is an issue the LOC will decide and
consider. Other issues involved clarifying some language and making sure all reporting
goes to EEO, but that EEO will communicate with HRD and vice versa if needed – but not
many other issues.

2/19/25:

Work Session. Present: Jameson Wilson, Jonas Hill, Marlon Skenandore, Kirby Metoxen,
Jennifer Webster, Kristal Hill, Fawn Cottrell, Carolyn Salutz, Clorissa Leeman, Grace
Elliott. The purpose of this work meeting is to review and decide on an issue that came up
during the work meeting on 2/14/25: should the law require EEO to report to the law office
at the start of every investigation. By majority, LOC decided they do want to require EEO
to report to the law office at the start of every investigation.

3/5/25:

Work Session. Present: Jameson Wilson, Jonas Hill, Kirby Metoxen, Jennifer Webster,
Clorissa Leeman, Grace Elliott, Kristal Hill, Fawn Billie, Fawn Cottrell. The purpose of
this work meeting was for Carolyn to review her reasoning on why it is not necessary for
the law to require the EEO to report to the law office at the start of each investigation.
Jenny was at first still in favor of requiring reporting but eventually LOC did arrive at a
consensus to not require it but instead allow it. So, EEO reporting to the law office at the
start of each investigation will not be required (shall report) but allowed (may report).

5/2/25:

Work Meeting. Present: Laura Laiten-Warren, Matthew Denny, Rita Reiter, Whitney
Wheelock, Jameson Wilson, Jonas Hill, Marlon Skenandore, Kirby Metoxen, Clorissa
Leeman, Carolyn Salutz, Kristal Hill, Fawn Billie, Fawn Cottrell. During this work
meeting the group did a read through of the entire law. Carolyn briefly mentioned recent
edits. There was no discussion on additional edits needed; the draft was approved.

5/7/25 LOC:

Motion by Jennifer Webster to approve the draft of proposed amendments to the
Workplace Violence Law and direct that a legislative analysis be completed; seconded by
Marlon Skenandore. Motion carried unanimously.

5/21/25 LOC: Motion by Jennifer Webster to accept the updated draft and legislative analysis and defer
to a work meeting to address the potential conflict before a public meeting is held;
seconded y Kirby Metoxen. Motion carried unanimously.
7/25/25:

Work Meeting. Present: Rita Reiter, Whitney Wheelock, Marlon Skenandore, Fawn Billie,
Kristal Hill, Carolyn Salutz. The purpose of this work meeting is to discuss the discrepancy
between the proposed amendments and the Oneida Nation Personnel Policies and
Procedures; where the proposed amendments require all complaints and investigations of
alleged workplace violence be made to and handled by the Equal Employment Opportunity

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Department but the Personnel Policies and Procedures require all complaints and
investigations, except sexual harassment, be made to and handled by the employee’s
immediate supervisor. The work group agreed that they like the proposed amendments,
and the Equal Employment Opportunity department is best suited to manage complaints
and investigations. Work group suggested adding in the ability to appeal; and look at
Section VI Health and Safety of Personnel Policies and Procedures – it may be what would
allow this law to supersede.
8/6/25:

Work Session. Present: Jameson Wilson, Jonas Hill, Marlon Skenandore, Jennifer Webster.
The purpose of this work session is to review the changes made to the draft after meeting
with EEO/HRD on 7/25/25. It is likely all changes align the amendments with the Oneida
Personnel Policies and Procedures and there is no longer a conflict between the two. The
LOC informally approved the changes and approved the draft to continue through the
legislative process.

8/20/25 LOC: Motion by Kirby Metoxen to approve the updated draft, approve the legislative analysis,
and direct the Legislative Reference Office to prepare a public meeting packet; seconded
by Marlon Skenandore. Motion carried unanimously.
9/3/25 LOC:

Motion by Jennifer Webster to accept the public meeting packet and schedule a public
meeting on October 15, 2025; seconded by Jonas Hill. Motion carried unanimously.

10/15/25:

Public Meeting Held. No individuals provided oral comments during the public meeting.

10/22/25:

Public Comment Period Closed. Two (2) individuals provided written comments during
the public comment period.

11/5/25 LOC: Motion by Jonas Hill to accept the public comments and the public comment review memo
and defer to a work meeting for further consideration; seconded by Kirby Metoxen. Motion
carried unanimously.
11/14/25:

Work Meeting. The purpose of this work meeting was to review and consider the public
comments received.

Next Steps:
▪ Accept the public comment memorandum with the LOC consideration, updated draft, legislative
analysis, and fiscal impact statement request memorandum.

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Oneida Nation
Oneida Business Committee
Legislative Operating Committee
PO Box 365 • Oneida, WI 54155-0365
Oneida-nsn.gov

TO:
FROM:
DATE:
RE:

r'\.

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ONEIDA

Ralinda Ninham-Lamberies, Chief Financial Officer
Lawrence Barton, Oneida Business Committee Treasurer
Jameson Wilson, Legislative Operating Committee Chairman
December 3, 2025
Workplace Violence Law Amendments Fiscal Impact Statement

The Legislative Operating Committee (LOC) is currently developing amendments to the
Workplace Violence law. The Legislative Procedures Act requires that a fiscal impact statement
be provided for all proposed legislation of the Nation. [1 O.C. 109.6-1]. The fiscal impact
statement is an estimate of the total fiscal year financial effects associated with the proposed
legislation, and should include:
▪ startup costs;
▪ personnel;
▪ office costs;
▪ documentation costs; and
▪ an estimate of the amount of time necessary for an individual or agency to comply with the
law after implementation. [1 O.C. 109.3-1(c)].
The fiscal impact statement must be completed and submitted to the LOC prior to the proposed
legislation being forwarded to the Oneida Business Committee for consideration. [1 O.C. 109.62]. The fiscal impact statement provides the Oneida Business Committee information on what the
potential adoption of the proposed legislation will cost the Nation, so that the Oneida Business
Committee can determine if adoption of the proposed legislation is in the best interest of the
Nation.
The Legislative Procedures Act grants the LOC the authority to direct the Finance Department or
any agency who may administer a program if the legislation is enacted or may have financial
information concerning the subject matter of the legislation to submit a fiscal impact statement. [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 the process
for directing a fiscal impact statement be completed. This resolution provides that upon final
approval of draft legislation by the LOC, the LOC may direct the Finance Department to provide
a neutral and unbiased fiscal impact statement to the LOC within ten (10) business days for
inclusion in adoption materials.
On December 3, 2025, the Legislative Operating Committee approved the final draft of the
proposed amendments to the Workplace Violence law. Therefore, the LOC is directing the Finance
Department to provide a fiscal impact statement on the proposed amendments to the Workplace
Violence law amendments by December 17, 2025.

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A copy of the proposed amendments to the Workplace Violence law, as well as the legislative
analysis, have been attached to this memorandum for your convenience.
Requested Action
Provide the LOC a fiscal impact statement of the proposed amendments to the Workplace
Violence law by December 17, 2025.

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r'\.

Oneida Nation
Legislative Operating Committee
Legislative Reference Office
PO Box 365 • Oneida, WI 54155-0365
Oneida-nsn.gov

TO:
FROM:
DATE:
RE:

=DODDDD=

ONEIDA

Legislative Operating Committee (LOC)
Carolyn Salutz, Legislative Reference Office, Staff Attorney
December 3, 2025
Workplace Violence Law Amendments: Public Comment Review

On October 15, 2025, a public meeting was held regarding the proposed amendments to the Oneida
Landlord Tenant law. No comments were made during the public meeting. The public comment
period was then held open until October 22, 2025. Two people submitted comments during the
comment period. This memorandum is submitted as a review of the comments received during the
public meeting and public comment period. The public meeting draft, public meeting transcript,
and written comments received are attached to this memorandum for review.
Comment 1 – Definition Clarification
“Workplace violence” means any intentional act committed by an employee in a workplace
or in a setting or circumstance otherwise reasonably related to employment with the Nation
that:
(1) inflicts, attempts to inflict, or threatens to inflict emotional or physical harm on
another person; or
(2) inflicts, attempts to inflict, or threatens to inflict damage to property of the Nation
or property of another.
Mark Powless (written): There is no definition of emotional harm within the law. Without a
definition it expands the subjective application of what constitutes emotional harm.
Response
The commenter suggests the definition of workplace violence is not clear enough because the
definition uses “emotional harm” but does not define emotional harm.
In each law the Nation codifies the definition section clarifies: “All words not defined herein shall
be used in their ordinary and everyday sense.”
A Google search is most likely used to find the definition of a word not defined in the law and as
the word would be used in its ordinary and everyday sense. A Google search of “emotional abuse”
produces many results. Here are two:
“Emotional harm, often referred to as emotional abuse or psychological abuse, involves nonphysical acts that cause significant psychological distress and can have longlasting effects on an individual's mental well-being.”
“Emotional harm encompasses a range of behaviors that inflict psychological pain or distress.
This can include manipulation, intimidation, constant criticism, and other forms of non-

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physical abuse. Unlike physical abuse, emotional harm often leaves no visible scars, making it
harder to identify and address.”
LOC Consideration
The Legislative Operating Committee believes including a definition for “emotional harm” will
strengthen and clarify the law, even if the definition is readily accessible through other formats.
The Legislative Operating Committee also believes including a definition within the law will make
it easier to reference and easier to identify.
223.3 Definitions
223-1. This section shall govern the definitions of words and phrases as used within this law. All
words not defined herein shall be used in their ordinary and everyday sense.
...
(c) “Emotional harm” means a range of behaviors that inflict psychological pain or distress. This
can include manipulation, intimidation, constant criticism, and other forms of physical abuse.
Unlike physical abuse, emotional harm often leaves no visible scars.”
Comment 2 – Application Clarification
223.4. Application
223.4-1. This law applies to all employees in any of the Nation’s workplaces and covers
workplace violence whether the employee commits workplace violence during or outside the
employee’s normal work hours as long as the incident of workplace violence is reasonably
connected to the workplace.
Mark Powless (written): Not sure what is meant by ‘reasonably connected to the workplace’. It
seems to introduce a gray area that will be open to much interpretation. The definition of
‘workplace’ is clearly defined but the use of language of being ‘reasonably connected’ almost
introduces a contradiction. With the additional language, it brings in undefined application of the
term ‘workplace’.
Response
The commenter suggests requiring workplace violence to be “reasonably connected to the
workplace” is too vague and possibly contradictory.
Although requiring workplace violence to be reasonably connected to the workplace may seem
vague to the average employee, the law needs to connect acts of violence to the workplace, even
if those acts of violence do not occur during normal work hours or at the workplace. It is not likely
that all acts that could be workplace violence, will be committed between two employees, in the
office or in the workplace, during work hours. It is likely that possible workplace violence can
occur outside of normal work hours, not in the office or workplace, or between an employee and
a non-employee, customer, or independent contractor, but in a way that is still connected to that
employee’s workplace.

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In the law, use of the word “reasonable” is often the best option. The Oneida Law Office attorneys
are very familiar with the term “reasonable” and should be comfortable arguing in favor of an
action being “reasonably connected to the workplace.” To address any confusion, the Oneida Law
Office might consider working with the Human Resources Department to develop a training on
workplace violence and what kinds of behaviors the Nation will not allow; both during and outside
of normal work hours.
There is no recommended revision to the proposed amendments to the Law based on this comment.
LOC Consideration
The Legislative Operating Committee does not believe the law needs to more adequately explain
how behaviors that do not occur during normal work hours or in the workplace can be reasonably
connected to the workplace and therefore qualify as workplace violence. The Legislative Operating
Committee understands the language is not completely clear; however, all potential incidents of
workplace violence may not be completely clear. The Legislative Operating Committee believes
the Oneida Law Office is comfortable arguing if any action is “reasonably connected” to the
workplace.
The Legislative Operating Committee determined that the proposed amendments to the Law
should remain as currently drafted.

Comment 3: Social Media Platforms
223.5. Prohibited Behavior
223.5-1. Prohibited Behaviors. Examples of workplace violence include, but are not limited
to, the following prohibited behaviors:
(a) intentionally causing physical injury to another person; which can include;
(1) hitting or shoving, or
(2) throwing an object at an individual;
(b) fighting or roughhousing that may be dangerous to others;
(c) direct threats or intimidation;
(d) implications or suggestions of violence;
(e) stalking;
(f) possessing, carrying, or using a weapon of any kind, whether in the open or
concealed, on property of the Nation, including parking lots, in fleet vehicles, on
other exterior premises, or while engaged in activities for the Nation;
(g) physical restraint or confinement;
(h) an established pattern of loud, disruptive, angry, or abusive language or behavior;
(i) sending a threatening, harassing, or abusive message by e-mail, letter, fax, phone
call, text message or any other form of electronic media, including all social media
platforms;
(j) using the workplace to violate restraining orders;
(k) intentionally damaging property of the Nation or property of another; and
(l) any other act that a reasonable person would perceive as constituting a threat of
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violence or actual violence.
Mark Powless (written): This is the only reference to social media platforms in the document
and lacks any context. Departments have struggled with how to address social media posts that
occur while employees are not working but are making comments that are ‘reasonably connected
to the workplace’. Adding more context will help employees understand if off the clock
behaviors on social media that are ‘reasonably connected to the workplace’ fall under the
Workplace Violence Law.
Response
The commenter recommends that the law include more context regarding an employee’s use of
social media outside normal work hours and how that use of social media can be reasonably
connected to the workplace.
More context of behaviors that occur outside of normal work hours, on a social media platform,
that would constitute workplace violence may be beyond the necessary scope of this law and may
be better addressed by the Human Resources Department or an SOP. It isn’t practical for the law
to give context on all behaviors it is trying to regulate; by requiring all employees to be accountable
for their behavior outside of normal work hours, on social media platforms, for any behavior that
can be reasonably connected to the workplace, the Nation is protecting all employees and visitors.
The Legislative Operating Committee may make one of the following determinations regarding
these comments:
1. The Legislative Operating Committee may determine that the proposed amendments to the
Law should remain as currently drafted.
2. The Legislative Operating Committee may determine the prohibited behavior of “sending
a threatening, harassing, or abusive messages by e-mail, letter, fax, phone call, text message
or any other form of electronic media, including all social media platforms” may stay the
same but the law could include another section addressing social media platforms and how
use of those social media platforms outside of normal work hours, in a way reasonably
related to the workplace, could constitute workplace violence.
The LRO does not recommend revision to the proposed amendments to the Law based on this
comment. The law should not provide too much context; context would be more appropriate for
Departments to create through SOPs or rule making authority. Laws are too difficult to change and
only need to provide the parameters of behaviors that are being regulated and controlled; anything
more specific should come from the Departments.
LOC Consideration
223.5. Prohibited Behavior
223.5-1. Prohibited Behaviors. Examples of workplace violence include, but are not limited to,
the following prohibited behaviors:
(a) intentionally causing physical injury to another person; which can include;
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(1) hitting or shoving, or
(2) throwing an object at an individual;
(b) fighting or roughhousing that may be dangerous to others;
(c) direct threats or intimidation;
(d) implications or suggestions of violence;
(e) stalking;
(f) possessing, carrying, or using a weapon of any kind, whether in the open or concealed, on
property of the Nation, including parking lots, in fleet vehicles, on other exterior premises,
or while engaged in activities for the Nation;
(g) physical restraint or confinement;
(h) an established pattern of loud, disruptive, angry, or abusive language or behavior;
(i) sending a threatening, harassing, or abusive message by e-mail, letter, fax, phone call, text
message or any other form of electronic media;, including all social media platforms;
(j) sending a threatening, harassing, or abusive message using any social media platform;
(j)(k)
using the workplace to violate restraining orders;
(k)(l)
intentionally damaging property of the Nation or property of another; and
(l)(m)
any other act that a reasonable person would perceive as constituting a threat of
violence or actual violence.
Comment 4 – Emergency Reporting
223.6. Reporting Workplace Violence
...
223.6-4. Mandatory Reporting by an Employee. Any employee shall promptly report
workplace violence to EEO where the employee witnesses a threat or an incident of
workplace violence or is informed by a non-employee of a threat or an incident of workplace
violence.
(a) Emergency Situation. If an emergency exists or the situation is one of immediate
danger to the life and safety of a person, the employee shall, if possible, without
causing themselves to be in danger, contact the Oneida Police Department or local
law enforcement, and facility security, if appropriate, and take whatever emergency
steps are available and appropriate to protect themselves from immediate harm. The
employee shall report the incident to EEO as soon as possible.
Mark Powless (written): While it may be common sense, an employee should report any
emergency situation in the workplace to their supervisor. Additionally, in my experience, more
often than not, a call to the EEO office is answered by voicemail. There will also be instances
where workplace violence occurs during hours outside of first shift as well.
Response
The commenter suggests all reporting of emergency situations should be made to the employee’s
supervisor. The proposed amendments require an employee to report an emergency situation to
the Oneida Police Department, local law enforcement, and facility security, if appropriate. The
proposed amendments for the reporting of emergency situations of workplace violence do not
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discuss reporting to EEO. The proposed amendments do require the employee to report the incident
to EEO as soon as possible.
The law says, “If an emergency exists or the situation is one of immediate danger to the life and
safety of a person . . .” [2 O.C. 223.6-4(a)]. This change would not align with the rest of the
proposed amendments and may be contrary to the intent of requiring emergency reporting to police
or security.
The Legislative Operating Committee may make one of the following determinations regarding
these comments:
1. The Legislative Operating Committee may determine that the Law should remain as
currently drafted.
2. The Legislative Operating Committee may change the amendments and require reports of
emergency situations be made to the employee’s supervisor.
LOC Consideration
The Legislative Operating Committee believes the reporting of emergency situations should be
made to the Oneida Police Department, local law enforcement, or facility security first. In an
emergency situation the police, law enforcement, or security are the most capable of managing an
emergency, not the employee’s supervisor.
Comment 5 – Reporting to Supervisor
223.8. Future Workplace Violence
223.8-1. Where an employee has reason to believe that another employee may be victimized
sometime in the future, either at the workplace or as a direct result of their employment with
the Nation, the employee is encouraged to provide this information to EEO as soon as
possible for an initial assessment pursuant to section 223.9. EEO shall inform the Oneida
Police Department, local law enforcement, or facility security if appropriate.
Mark Powless (written): Similarly, any concerns of future workplace violence should be reported
to the supervisor.
Response
The commenter would like to see the law require all reporting of future workplace violence to the
employee’s supervisor. This change could require a review of all suggested amendments,
especially the change in responsibilities of reporting and investigating, changing from the
employee’s supervisor to EEO.
The LRO does not recommend revision to the proposed amendments to the Law based on this
comment.
The Legislative Operating Committee may make one of the following determinations regarding
these comments:
A good mind. A good heart. A strong fire.

Page 6 of 11

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ONEIDA

45 of 94

1. The Legislative Operating Committee may determine that the Law should remain as
currently drafted.
2. The Legislative Operating Committee may require that all reporting of future workpla

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Aoneida_nation%3Ae7d9f46b2b94529d. Public record. Not legal advice.