Mickey Hartnett

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					 TURTLE MT BAND OF CHIPPEWA




Ray Reed – Brownfield Coordinator
            EPA-TRP
        Turtle Mountain Band of
           Chippewa Indians

History
• Band was established by executive order on
  December 21, 1982.
• Enrolled membership consists of Chippewa or
  Ojibwa and Metis (mixed).
• Land Base originally established by Treaty.
  Diminished three times.
• 30,000 enrolled members throughout U.S. and
  14,500 live on or near reservation, on tribal and
  trust lands.
• Reservation size is 6 miles by 12 miles located in
  Rolette County.
          Turtle Mountain Band of
             Chippewa Indians


• Present Issues

     • 68% unemployment rate
     • 8% Bachelors Degree or higher
     • Large population on a small land base.
     • Solid waste generation is massive.
     • Meth production.
     • Other.
     Turtle Mountain Band of
        Chippewa Indians
        Tribal Response Program:
• Control Solid and Hazardous Waste
  dumping & mgt. on reservation to limit
  releases of hazardous substances,
  pollutants or contaminants; petroleum;
  and controlled substances .
• Compliance and Enforcement of Tribal
  Codes
• Community Outreach and Involvement
• Provide alternatives – Recycling and
  Reuse.
     Turtle Mountain Solid
          Waste Code

• 1992 - Solid Waste Code developed &
  adopted. (32 pages)
• March 2006 to April 2007-Solid Waste
  Code revised. (103 pages)
• May to June 2007 60 day comment
  period.
• July 2007 – Solid Waste Code Adopted.
     Turtle Mt. Chippewa




                 TITLE 40
     TURTLE MOUNTAIN BAND OF CHIPPEWA
SOLID AND HAZARDOUS WASTE MANAGEMENT ACT
               Adopted July 6, 2007
       Tribal Compliance & Enforcement
       Of Solid and Hazardous Waste Codes


Why are Tribal solid waste
codes needed?
U.S. EPA Does not regulate solid waste
Why is a Tribal compliance &
Enforcement program needed?
To protect the health, welfare and
environment of the Turtle Mountain Tribe
              Adoption Process:
              Political and Public
                    Support

•   Tribal Council(s)
•   Tribal Court & Judge
•   Tribal Program Directors
•   Exec. Committees
•   Federal Agencies
•   Community (aka voters)
          Purpose of a
       Solid Waste Code?

• Can serve as a mechanism that will:
  – Protect human health & environment
  – Protect natural resources
  – Prevent open dumping
  – Address waste management issues
  – Fill a regulatory gap (EPA cannot
    directly enforce solid waste rules)
          Where to begin?


• Environmental Director-forms a Solid
  Waste Management Team
• Scheduled meetings to:
  – Discuss solid waste issues
  – Information exchange/facilitate discussions
    on solid waste issues
  – Participation by all working group
    members-learn about each other’s roles
    and responsibilities concerning solid waste
                  Solid Waste
                Management Team

• Public Utilities Board   • Tribal Attorney
• PU Director
                           • Natural Resources
• Planning Department
• Tribal Environmental
                           • BIA
  Health                   • Environmental
• Law Enforcement            Department
• Courts                   • TERO
• Tribal Prosecutor        • Housing Dept.
          Developing codes and
              input to code

•   Core Committee
•   Legal Support (Tribal/Courts)
•   Technical Support
•   Tribal Administrative Support
•   Review Existing Laws/Codes
•   Informal & Formal Public Forums?
•   Tribal Council?
•   State/County Laws and Regs.?
             Revising the Solid
               Waste Code


• What should be addressed in the code
• Researched and reviewed different
  codes/ordinances
• What to include in the code
             Next Step…Legal
                  Review


• Sent to Tribal Attorney for Legal Review
• Received comments from Legal Attorney
• Tribal EPA met with Tribal Attorney to
  review legal comments
    What to include in Code:


•   Solid Waste
•   “Special Wastes”
•   Response Program
•   Review or Appeal Process?
•   Penalty Policies (Alternatives?)
•   Other? Hazardous Waste
           Tribal Solid Waste Codes
                    Include:

• Storage, collection, transportation, transfer
  and disposal of solid wastes
• Hazardous Waste (US EPA Stds.)
• Permitting Requirements
• 1% Construction/Demolition Contractor
  Fee and permit requirement
• Response Program for releases and
  brownfields
             Contents of Code

• Environmental Department Roles &
  Responsibilities (enforcement &
  permitting)
• Public Utilities Roles & Responsibilities
  (solid waste management, fees, collection,
  transport, and disposal)
                 Issues?


•   Waste management practices
•   Funding for solid waste management
•   Roles and responsibilities
•   Enforcement and oversight
•   Collection fees
        Special Wastes

• Hazardous Wastes   •   Asbestos
• Septic Tank        •   Medical Wastes
  Disposal           •   Tires
• Construction &     •   Carcasses
  Demo Debris        •   Agricultural Wastes
• Junk Vehicles      •   Open Burning
• White Goods
                    Permitting


• Environmental Department will be
  responsible for permitting.
  –   Transporting Solid Wastes
  –   Solid Waste facility permits
  –   Has the authority to issue or deny permit
  –   Appeal process if a permit is denied
                          Fees


• Solid Waste Facility & Transportation Permit
  Fees-Environmental Department
• Individual Collection Fees & roll-off Transfer
  Station fees - SWMT determines & approves
  fees.
• Non-commercial Disposal permit fees
          Common Problems

•   “Tarp Law” violations
•   Waste around residences/housing
•   Waste on fee land
•   Abandoned & burned mobile homes
•   Waste Mgt. at SW Xfer station
•   Tires
•   Disposal of waste on Tribal land from off-
    reservation sources
                       XXX
                     Summary

• Positive Outcomes during code
  development
  – Everyone familiar with the code
  – Know each others roles & responsibilities
  – Issues ironed out
• Obstacles during code development
  – Some programs could not attend meetings
  – Tedious process
           Coordination with other
                 agencies


•   Tribal & BIA Police
•   Tribal Programs
•   US EPA
•   State?
•   County?
•   Other Feds?
QUESTIONS

    ?
Ray Reed
Turtle Mountain Tribal EPA
Brownfields Coordinator
Belcourt, N.D
(701) 477-2626
Email
reed_627@hotmail.com

				
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