ILLEGAL DUMPING ORDINANCE

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PYRAMID LAKE PAIDTE TRIBE

PYRAMID LAKE PAIUTE TRIBE ILLEGAL DUMPING ORDINANCE

TABLE OF CONTENTS

Page

Chapter 1: General Provisions

50-01-010

TITLE---------------- - 350-01-020

PURPOSES______________- 350-01-030

- 3POLICY

___

_- 3DEFJNITION OF TERMS____ __

50-01-040

- 550-01-050

JURISDICTION

Chapter 2: Littering

50-02-010

GENERAL_______________-5- 550-02-020

PROHIBITED ACTMTIES

- 550-02-030

RESTRICTIONS

- 550-02-040

HIGHWAY LITTERING

50-02-050

- 6SPILLING LOADS OR LITTER

Chapter 3: Illegal Dumping

50-03-010

GENERAL---------------- 6- 650-03-020

PROHIBITED ACTMTIES

Chapter 4: Enforcement

50-04-010

GENERAL--------------�- 8- 850-04-020

PENALTIES

- 950-04-030

CML/CRIMINAL PENALTIES

50-04-040

-10ENFORCE:rvIBNT PERSONNEL

Chapter 5: Miscellaneous Provisions

50-05-010

SOVEREIGN IMMUNITY---------- -1050-05-020

"BILITY

S�

-10-

ORDINANCE NO. _jQ

PYRAMID LAKE PAIUTE TRIBE UTILITY DISTRICT

ILLEGAL DUMPING ORDINANCE

Chapter 1:

General Provisions

50-01-010

TITLE: This ordinance shall be known and may be cited as the "Pyramid Lake

Illegal Dumping Ordinance" or the "Illegal Dumping Ordinance."

50-01-020

PURPOSES: The purposes of this Ordinance are:

(a) To prohibit the disposal of solid waste at any location other than at designated

and authorized facilities or sites and to prevent the unauthorized use of dumpsters

and other solid waste containers to protect the health of the community; and

(b) To provide enforcement of this Ordinance which shall be intended to be an

effective deterrent to the illegal dumping of solid waste.

50-01-030

POLICY: The policies of this Ordinance are:

(a) To provide a mechanism for the Tribe and the Pyramid Lake Utility District

to enforce and regulate the unauthorized disposal of waste on the Reservation; and

(b) To prevent solid waste disposal outside of transfer station sites and to ensure

that solid waste is properly disposed.

50-01-040

DEFINITION OF TERMS: The following definitions shall apply to the Illegal

Dumping Ordinance and its programs:

(a) "Approved solid waste site" means a solid waste site permitted or registered

by the Pyramid Lake Paiute Tribe and is a designated collection area for

ultimate disposal at a permitted or licensed municipal solid waste site.

(b) "Casual Passerby" is the person who does not have depositing litter in a

garbage receptacle as his or her primary reason for traveling to or by the

property on which the garbage receptacle is located.

commercial purpose or that is owned by a business or commercial enterprise.

(d) "Dispose" or "Dispose and Dump" means to abandon, discharge, deposit,

inject, dump, spill, leak, or place any substance into or on any land or water or

so that such substances or any constituent thereof may enter the environment.

The placement of biodegradable material in a properly maintained compost

pile is not disposal of solid waste.

(e) "Garbage" means all degradable and non-degradable refuse and solid waste

without economic value that is generated through the course of normal living

by the residents and organizations in the community.

(f) "Hazardous waste" means any solid, liquid, or gaseous waste defined as

hazardous by any federal, Tribal, or State ofNevada law, rule, ordinance or

regulation. Hazardous waste includes but not limited to materials considered

to be excessively toxic, poisonous, corrosive, radioactive, biologically

infectious, explosive, flammable, or any combination of materials that have

the potential be become hazardous.

(g) "Litter"or "Littering" means the willful and/or negligent throwing, placing,

sweeping, dropping, or scattering of small quantities of waste matter left in a

place other than a place or container for proper disposal. Litter also includes

any waste matter that escapes or is allowed to escape from a container or

receptacle by a person on public property, on private property not owned by

the person, or in or on waters of the Reservation.

(h) "Malicious intent" means the intent to do a wrongful act.

(i) "Person" means any individual, group, corporation, firm, partnership, joint

venture, association, social club, estate, trust, or similar such entity, or a

governmental entity, unit, or agency whether Tribal, local, State, or Federal.

)

G "Properly maintained compost pile" refers to a compost pile of less than 25

cubic yards that is maintained and operated in a safe nuisance-free manner,

contains no sewage, sludge, or seepage, and follows acceptable methods of

composting that minimize odors and produce a useful stable end product.

(k) "Public highway" means the entire width between property lines of a road,

street, way, thoroughfare, bridge, public beach, right-of-ways, or park on the

Pyramid Lake Paiute Reservation not privately owned or controlled, if any

part of the road, street, way, thoroughfare, bridge, public beach, or park and is

open to the public for vehicular traffic.

(1) "Public property" is any property open to the public for any reasons, including

for the conduct of business, the provision of a service, or upon the payment of

a fee, but does not include any private property to which the public otherwise

does not have a right of access.

(m)"Reservation" means all air, land, and water, both surface and underground,

located within the exterior boundaries of the Reservation and on any acquired

properties outside the exterior boundaries;

(n) "Solid waste" means any garbage, waste matter, wood, plastic, metal,

vegetation/debris, trash, paper, ashes, rubbish, refuse, and other discarded

materials, including but not limited to solids, liquids, semisolid or contained

gaseous material resulting from commercial and community activities which

are no longer deemed usable;

(o) "Tribe" means the Pyramid Lake Paiute Tribe of Nevada.

(p) "Waste matter" is a discarded, used, or leftover substance including, but not

limited to, a lighted or nonlighted cigarette, cigar, match, or any flaming or

glowing material, or any garbage, trash, refuse, paper, container, packaging or

construction material, carcass of a dead animal, any nauseous or offensive

matter of any kind, abandoned automobiles, automobile parts, furniture, or

any object likely to injure a person or create a traffic hazard,

50-01-050

JURISDICTION:

This Ordinance shall apply uniformly on the Reservation. It shall be a violation

ofthis Ordinance for any person to violate a rule adopted under this Ordinance or

act in any manner inconsistent with the requirements ofthis Ordinance.

Chapter 2:

Littering

50-02-010

GENERAL: It is unlawful and shall subject a person to civil and/or criminal

liability to litter or cause to be littered in or upon any public or private property on

the Reservation. Any person violating this section is guilty ofan infraction. It is

no defense that the offender did not intend, or was unaware of, the charged act.

50-02-020

PROHIBITED ACTMTIES: A person commits the act oflittering ifhe or she

engages in any ofthe following acts:

(a) Knowingly deposits in any manner litter on any public or private property or

in any public or private waters, having no permission to do so;

(b) Negligently deposits in any manner glass or other dangerously pointed or

edged objects on or adjacent to a highway or water to which the public has

lawful access or within the right ofway thereof;

lands any destructive or injurious materials and does not immediately remove

the same or cause it to be removed;

(d) Waste matter or litter consists of, but is not limited to, the following:

1. The contents ofa litter bag or container ofa type and size customarily

carried and used in a motor vehicle;

2. The contents ofan ash tray ofa type customarily installed or carried

and used in a motor vehicle;

3. Beverage containers, food sacks, wrappings, and containers ofa type

and in an amount that reasonably may be expected to be generated

during routine commuting or business or recreational travel in a motor

vehicle; and

4. Waste matter generated during a routine day by a person and deposited

in a garbage receptacle by a casual passerby.

50-02-030

RESTRICTIONS: A private owner is not restricted in the use ofhis or her own

property, unless the littering ofwaste matter on the property creates a public

health or safety hazard, a public nuisance, or a fire hazard, as determined by a

local health department, local fire department, Tribal Environmental Department,

or the Pyramid Lake Utility District.

50-02-040

HIGHWAY LITTERING: No person shall throw or deposit upon any public

highway, road or street or public right-of-way any glass bottle, glass, nails, tacks,

wire, cans or any other substance likely to injure any person, animal or vehicle.

No person shall throw litter or allow litter to be thrown from a motor vehicle onto

or upon any public highway, road, street, or public right-of-way. This offense

extends to the person who is the owner or the driver of a motor vehicle from

which litter is deposited in a public place.

50-02-050

SPILLING LOADS OR LITTER:

(a) No person shall willfully and knowingly operate, own or cause to be operated

on any public highway, road, street, or public right-of-way a motor vehicle

loaded with gravel, rock, slag, bricks, or similar objects in such a manner or in

such condition that the contents of the vehicle spill out and cause it to be

deposited on such public highway.

(b) No vehicle shall be driven or moved on any public highway unless such

vehicle is constructed or loaded as to prevent any of its load from dropping,

sifting, leaking or otherwise escaping from the vehicle, except that sand may

be dropped for the purpose of securing traction, or water or other substances

may be sprinkled on a roadway in cleaning or maintaining such roadway.

Waste Site shall have the solid waste appropriately covered or confined in the

vehicle by the use of tarpaulins, nets, or other devices that prevent papers,

plastics, litter, waste matter, and other substances from blowing or falling out

of the vehicle. Said tarpaulin, net, or cover shall not be removed until said

vehicle passes a designated point within the solid waste-facility. No person

may operate a vehicle without following these requirements.

(d) Except for a farm vehicle used to transport agricultural production materials

or a rubbish vehicle in the process of acquiring its load, no vehicle loaded

with garbage, waste matter, swill, cans, bottles, waste paper, ashes, refuse,

trash, rubbish, waste, wire, paper, cartons, boxes, glass, solid waste, or any

other material of an unsanitary nature that is susceptible to blowing or

bouncing from a moving vehicle shall be driven or moved on any highway

unless the load is covered with a sufficient cover to prevent the load or any

part of the load from spilling.

Chapter 3:

Illegal Dumping

50-03-010

GENERAL: No person shall dump or cause to be dumped any waste matter in or

upon any public or private highway or road, including any portion of the right-of

way thereof, or in or upon any private property into or upon which the public is

admitted by easement or license, or upon any private property without the consent

of the owner, or in or upon any public park or other public property other than

property designated or set aside for that purpose by the Tribal Council.

50-03-020

. PROHIBITED ACTIVITES:

The following activities are prohibited:

(a)

(b)

(c)

(d)

(e)

(f)

(g)

(h)

(i)

Placing, depositing, or dumping, or causing to be placed, deposited, or

dumped, any rocks or dirt in or upon any private highway or road,

including any portion of the right-of-way thereof, or any private

property, without the consent of the owner, or in or upon any public

park or other public property, without the consent of the Tribe or other

agency having jurisdiction over the highway, road, or property;

The disposal or the allowance of a disposal of solid waste at a place

that is not an approved solid waste site and no person shall own;

operate, or maintain a disposal area that is not authorized;

Any transportation of solid waste to a place that is not an approved

solid waste site for disposal at the site;

Any acceptance of solid waste for disposal at a place that is not an

approved solid waste site, regardless of whether the waste matter or

other solid waste or the land on which the waste is disposed is owned

or controlled by the person;

No person, regardless of intent, shall deposit litter or garbage or cause

litter or garbage to be deposited on any public property, on private

property not owned by him or her, or in or on waters of the

Reservation unless one of the following applies:

1. The person is directed to do so by the Tribal Chairperson or

officially designated representative as part of a litter collection

drive; or

2. The person deposits the garbage in a solid waste receptacle in a

manner that prevents it being carried away by the elements;

No person, without privilege to do so, shall knowingly deposit

garbage, or cause garbage to be deposited, in a garbage receptacle

located on any public property or on any private property not owned by

him or her unless one of the following applies:

1. The garbage was generated or located on the property on which

the garbage receptacle is located;

2. The person is directed to do so by the Tribal Chairperson or

officially designated representative as part of a litter collection

drive; or

3. The person is directed to do so by a person whom he

reasonably believes to have the privilege to use the garbage

receptacle.

No person shall knowingly allow the carcass of any dead animal which

belonged to him or her at the time of its death to be put, or to remain,

within 100 feet of any street, alley, public highway, or road in common

use.

No person may place any solid waste in a dumpster, garbage can, or

other solid waste container belonging to another person without the

permission of the owner or person legally entitled to use said dumpster,

garbage or other solid waste container;

Each person is strictly liable for ensuring that solid waste he or she

generates is properly disposed of If solid waste generated by a person

is illegally disposed of, the person generating said solid waste shall be

subject to liability as defined in this Ordinance, in addition to any other

fines or penalties that may be applicable.

Chapter 4:

Enforcement

50-04-010

GENERAL: This Ordinance is enforceable on the Reservation as follows:

(a) This Ordinance does not supersede ordinances enacted by the Tribe that

regulate the disposal ofsolid waste. Whenever any waste which is dumped in

violation ofthis Ordinance is discovered to contain any article or articles,

including but not limited to letters, bills, publications, or other writings which

display the name ofa person thereon, addressed to such person or in any other

manner indicating that the article belongs or belonged to such person, it shall

be a rebuttable presumption that such person has violated this Ordinance;

(b) No action for littering based on evidence that creates a rebuttable presumption

under subsection (a) shall be brought against a person by or on behalfofan

enforcement body unless he or she has been given written notice by a

designee ofthe enforcement body that items found in an accumulation of

garbage, trash, or other discarded materials contain his or her name, and that,

under subsection (a), there is a rebuttable presumption that he or she

knowingly deposited the litter;

some or all ofthe solid waste, is deemed sufficient proof ofownership ofsaid

solid waste.

(d) Any person who commits a violation of this Ordinance is subject to

enforcement procedures.

50-04-020

PENALTIES:

(a) Any person who commits a violation ofthis Ordinance shall be liable to pay

restitution to the Tribe or any other person that incurs costs in collecting, hauling,

or properly disposing ofsolid waste or hazardous waste incurred as a result ofthe

offense. This liability is in addition to the following penalties:

1. Prevention Notice---for less urgent situations or minimal quantities.

--A prevention notice may be issued to require a person to remove waste

that has been dumped and to require the person to dispose ofit lawfully.

--This notice will require that it be done within 2 weeks from receipt ofthe

notice or within a reasonable amount oftime depending on the

circumstances.

--The notice may be issued to the person who dumped the waste or to the

occupier ofthe land where the waste has been dumped.

--A person issued with such a notice may appeal the requirements ofthe

notice within the time provided in the notice to remove the waste

beginning on the date it was issued.

--If there is no compliance or response, then civil and/or criminal penalties

can be imposed in accordance with this Ordinance.

2. Clean up Notice-will be issued where a dumping incident has

occurred. A dumping incident is defined to include an incident where

waste has been dumped unlawfully.

--This notice should be used where action needs to be taken quickly to

avoid further environmental harm.

--The notice may be issued to the dumper or to the person who occupies

the place where the waste has been dumped.

--There is no appeal against clean-up notices.

--If there is no compliance or response, then civil and/or criminal penalties

can be imposed in accordance with this Ordinance.

3. Compliance Cost Notice---enables the Tribe to recover the costs ofany

dumping cleanup that was not performed by the person after cleanup

and/or prevention notices have been issued.

(b) All notices are to be sent via certified mail or hand delivered to the person(s)

addressed. All notices should also include educational material to educate the

persons on the regulations and environmental hazards related to illegal dumping

and littering.

the designee of the enforcement body that the person is not liable for a violation

ofthis Ordinance, the designee shall review the information or evidence presented

and shall make a determination as to whether or not an action should be brought

against the person for violation ofthis Ordinance. The designee shall provide

written notice to the person on its determination, and if the intent is to proceed

with an action for the violation of this Ordinance, the notice shall be sent before

any action is filed.

50-04-030

CIVJL/CRIMINAL PENALTIES:

(a) Any person who commits a violation ofChapter 2 ofthis Ordinance is subject

to civil and/or misdemeanor criminal penalties. If the notification process

provided in section _-04-020 does not create a proper response ofthe removal of

the dumping incident then the penalty phase shall be as follows:

(1) First offense. A finding ofliability for a first offense shall be

punishable by a civil and/or criminal fine ofnot less than $100 nor

more than $500, together with restitution based on avoided disposal

fees and costs ofcollection and hauling.

(2) Second or subsequent offense. A finding ofliability for a second or

subsequent offense within a year ofthe first offense shall be

punishable by a civil and/or criminal fine ofnot less than $500 nor

more than $1,000 with restitution based on avoided disposal fees and

costs ofcollection and hauling.

(3) A finding ofliability for ofany company, partnership, or any entity

other than an individual person shall be subject to a fine ofnot less

than $500 nor more than $2,500 and/or restitution.

(b) Any person who commits a violation of Chapter 3 ofthis Ordinance is subject

to civil and/or misdemeanor criminal penalties. Ifthe notification process does

not create a proper response ofthe removal ofthe dumping incident then the

penalty phase shall be as follows:

(1) First offense. A finding ofliability for ofa first offense shall be

punishable by a civil and/or criminal fine ofnot less than $500 nor

more than $5,000, together with restitution based on avoided disposal

J fees and costs ofcollection and hauling.

(2) Second or subsequent offense. A finding ofliability for a second or

subsequent offense within a year ofthe first offense shall be

punishable by a civil and/or criminal fine ofnot less than $3,000 nor

more than $20,000 with restitution based on avoided disposal fees and

costs ofcollection and hauling.

(3) A finding ofliability for ofany company, partnership, or any entity

other than an individual person shall be subject to a civil and/or

criminal fine ofnot less than $500 nor more than $20,000 and/or

restitution.

offense.

50-04-040

ENFORCEMENT PERSONNEL: Enforcement in accordance with this

Ordinance can be provided and effected by:

A A peace officer or police officer,

B. Tribal Environmental personnel, and/or

C. Pyramid Lake Utility District personnel.

Chapter 5:

Miscellaneous Provisions

50-05-010

SOVEREIGN IlvIMUNITY: The Pyramid Lake Utility Board and Pyramid Lake

Utility District, as governmental entities ofthe Pyramid Lake Paiute Tribe, are

immune from suit. Nothing contained herein is intended to waive the Tribe's, the

Utility Board's, and the Utility District's sovereign immunity from suit.

50-05-020

SEVERABILITY: The invalidity ofany section, clause, sentence, or provision of

this Ordinance shall not affect the validity ofany other part ofthis Ordinance

which can be given effect without such invalid part(s).

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