40.02.010 Definitions
As used in this Act and any regulations, the words and terms below shall have the following meanings:
(a) "AGRICULTURAL PROCESSING OPERATION" means a facility that processes crops, livestock, or other agricultural products in preparation for wholesale or retail sale to the public such as meat packing, the milling of grain, the selling of livestock by licensed livestock auction facilities, or other similar activities.
(b) "AGRICULTURAL WASTE" means solid waste derived from the production and processing of crops and livestock such as manure, spoiled grain, grain screenings, undigested rumen material, livestock carcasses, fertilizer, and fertilizer containers, but does not include pesticide waste or pesticide containers.
(c) "APPROVED CONTAINER" Any receptacle intended for the temporary storage of waste, that is durable, leak proof, nonabsorbent, water tight, corrosion resistant, rodent and insect resistant, easily cleanable, has close- fitting covers and adequate handles to facilitate handling, and is in good condition. Containers are further limited to the following:
(1) "INDIVIDUAL HOUSEHOLD CONTAINERS" must be at least 95-gallon capacity.
(2) "BUSINESS AND DROP BOX CONTAINERS" must be compatible with the collection vehicle used by the Solid Waste Program or its agents or contractors.
(d) "APPROVED SITE" means a solid waste management, storage, transfer or disposal site or facility which has met all the requirements of this Act
and any other applicable federal or Tribal regulations and is approved by the Tribal Council as the place for such management or disposal of solid waste.
(e) "AQUIFER" means a geological formation, group of formations, or portion of formation capable of yielding significant quantities of ground water to wells or springs.
(f) "BULKY WASTES" means large bulky items of refuse, such as car bodies, appliances, furniture, trees and stumps and other oversized wastes not suitable for disposal in waste collection containers.
(g) "CARCASS" Any dead animal or portion of any dead animal.
(h) "CERCLA" means the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S. C. 9601), as amended by the Superfund Amendments and Reauthorization Act of 1986 and the Small Business Liability Relief and Brownfields Revitalization Act of 2002.
(i) "CERTIFICATION" means a written statement of professional opinion based upon knowledge and belief.
(j) "CFR" means the U.S. Code of Federal Regulations.
(k) "CLOSED UNIT" means a landfill or surface impoundment or a portion thereof that has received solid waste in the past for which closure is complete.
(l) "CLOSURE" The termination of the receiving, handling, recycling, treatment, or disposal of solid waste at an approved site, and includes all operations necessary to close and reclaim a solid waste management unit or facility and prepare the facility for post-closure maintenance. Closure actions may include, but are not limited to, sloping filled areas to provide adequate drainage, applying final cover, providing erosion control measures, grading and seeding, installing monitoring devices, constructing surface water control structures, installing gas control systems, and measures necessary to secure the site.
(m) "COLLECTION" means the gathering of solid or hazardous waste at the place of generation by an approved collection agent, and transfer to a transfer station or the place of final utilization, reuse or disposal.
(n) "COMMERCIAL FACILITY" Shall mean, any business, stores, offices, restaurants, warehouses, and other non-manufacturing activities no matter what the ownership structure, which operates to package, store, distribute, or market any product or service on the Reservation, exclusive of household waste, industrial waste, and special waste.
(o) "COMMERCIAL WASTE" means solid waste generated by stores, offices, restaurants, warehouses, and other non-manufacturing activities, no matter what the ownership structure, exclusive of household waste, industrial waste, and special waste.
(p) "COMPLIANCE BOUNDARY" means the vertical planar surface that extends downward into the uppermost aquifer and that circumscribes the waste management units or remediation site at which water quality standards or maximum concentration limits apply.
(q) "COMPLIANCE OFFICER" means the Tribal Enforcement Agent responsible for the compliance and enforcement of this Act that is located in the Tribal EPA Office.
(r) "COMPOSTING" means the controlled biological decomposition of organic solid waste under aerobic conditions.
(s) "CONSTRUCTION AND DEMOLITION WASTE" means refuse, materials and rubble associated with the construction, remodeling, repair or dismantling of such objects as roads, buildings, or similar structures.
(t) "CONTROLLED SUBSTANCE" means any imminently hazardous chemical substance or mixture with respect to which the U. S. EPA Administrator has taken action pursuant to section 7 of the Toxic Substances Control Act (15 U.S.C. 2601 et seq.).
(u) "DETACHABLE CONTAINER" means a reusable container for the collection, storage, or transportation of solid waste that is mechanically loaded or handled (for example, "dumpsters" and "roll offs").
(v) "DISCHARGE" means the accidental or intentional spilling, leaking, pumping, pouring, emitting, emptying, or dumping of waste into or on any land or water.
(w) "DISPOSAL" means the discharge, abandonment, deposit, injection, dumping, spilling, leaking, or placing of any solid or hazardous waste into or on any soil, air or water, intentional or otherwise.
(x) "DISPOSAL SITE" means a site, location, tract of land, landfill site, or premises used or intended to be used for partial and or total solid waste disposal.
(y) "EMERGENCY RESPONSE" means immediate containment and/or removal of oil or hazardous substances, pollutants or contaminants from the land, air or water or the taking of such other actions as may be necessary to prevent, minimize or mitigate damage to the public health or welfare of the Tribe (including, but not limited to, fish, shellfish, wildlife, tribal, public and private property) or to the environment.
(z) "ENVIRONMENTAL DIRECTOR" means the TM-EPA Director of the Turtle Mountain Tribe Environmental Protection Agency (TMT EPA).
(aa) "FACILITY" means all contiguous land and structures, other appurtenances, and improvements on land which include one or more solid waste management units, such as a transfer station, solid waste storage building, a solid waste processing system, a resource recovery system, an incinerator, a surface impoundment, a surface waste pile, a land treatment area, or a landfill. A facility may or may not be used solely for solid waste management.
(bb) "FINAL COVER" means any combination of compacted or uncompacted earthen material, synthetic material, and suitable plant growth material which, after closure, will be permanently exposed to the weather and which is spread on the top and side slopes of a landfill or facility.
(cc) "FLOODPLAIN" means the lowland and relatively flat areas adjoining inland waters that are inundated by a one-hundred-year flood or below an elevation designated by the Tribe.
(dd) "FRANCHISED SERVICE" means any solid waste collection service permitted under this Act, operating within Tribal jurisdiction and with Tribal approval.
(ee) "FREE MOISTURE OR LIQUID" Shall mean the liquid which separates from the solid portion of a solid waste under ambient pressure and normal, above freezing temperature. The U. S. Environmental Protection Agency paint filter liquids test method or visual evidence must be used to determine if a waste contains free liquid.
(ff) "GARBAGE" means putrescible material including, but not limited to, rejected animal, fruit and vegetable wastes resulting from the use, handling, preparation, cooking and consumption of food or storing of meat, fish, fowl, fruit or vegetables, including wastes from markets, storage facilities, and processing plants.
(gg) "GROUNDWATER" means water occurring in the zone of saturation in an aquifer below the land surface in a geologic unit in which soil pores are filled with water and the pressure of that water is equal to or greater than atmospheric pressure.
(hh) "HAZARDOUS WASTES" Shall mean solid waste or combination of solid wastes which, because of its quantity, concentration or physical, chemical or infectious characteristics may:
(1) Pose a substantial present or future hazard to human health or the environment when improperly treated, stored, transported, or disposed of, or otherwise mismanaged; or
(2) Meet the specifications, description or listing as a hazardous waste in 40 CFR Part 261 pursuant to 3001 of the Solid Waste Disposal Act (U.S.C. 6901 et seq.)
(ii) "HAZARDOUS SUBSTANCE" means: Any substance designated pursuant to section 311(b)(2)(A) of the CWA; any element, compound, mixture, solution, or substance designated pursuant to section 102 of CERCLA; any hazardous waste having the characteristics identified under or listed pursuant to section 3001 of the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.); any toxic pollutant listed under section 307(a) of the CWA; any hazardous air pollutant listed under section 112 of the Clean Air Act (42 U.S.C. 7521 et seq.); and any imminently hazardous chemical substance or mixture with respect to which the U. S. EPA Administrator has taken action pursuant to section 7 of the Toxic Substances Control Act (15
U.S.C. 2601 et seq.).
(jj) "HOUSEHOLD WASTE" means solid waste, such as trash and garbage, normally derived from households, single and multiple residences, hotels and motels, bunkhouses, ranger stations, crew quarters, campgrounds, picnic grounds, and day use recreation areas.
(kk) "INCINERATION" Means to reduce to ashes through combustion using a containment or enclosed device which provides for control of combustion parameters.
(ll) "INCINERATOR" means any enclosed device that:
(1) Uses controlled flame combustion and neither meets the criteria for classification as a boiler, sludge dryer, or carbon regeneration unit, nor is listed as an industrial furnace; or
(2) Meets the definition of infrared incinerator or plasma arc incinerator.
(mm) "INDUSTRIAL WASTE" Such waste may include, but is not limited to, residues or spills of any industrial or manufacturing process and waste resulting from the following: fertilizer/agricultural chemicals; inorganic chemicals; leather and leather products; organic chemicals; plastics and resins manufacturing; plastic, resin, fiberglass, or carbon- fiber based products; textile, or textile product manufacturing; transportation equipment; petroleum refining; and the combustion of municipal waste or regulated infectious waste.
(nn) "INERT WASTE" means non-putrescible solid waste which will not generally contaminate water or generate a contaminated leachate. Inert waste does not serve as food for vectors. Inert waste includes, but is not limited to: construction and demolition material such as metal, wood, bricks, masonry and cement concrete; asphalt concrete; and tree branches.
(oo) "INTEGRATED SOLID WASTE MANAGEMENT PLAN (ISWMP)" A document prepared by the Solid Waste Management Program and approved by the Tribal Council which defines the objectives, goals, procedures, responsibilities and future management of the Solid Waste Management Program.
(pp) "INSTITUTIONAL CONTROLS" means long-term restrictions on the use of a site or property established by the Tribal Council and/or the appropriate responsible governmental entity or entities due to existing levels of hazardous substances, pollutants or contaminants in soils, water or groundwater above background.
(qq) "JUNK" means materials which will not be utilized if not collected and processed for reuse or recycling, including but not limited to mean lead scrap, copper, brass, iron, steel, rope, wire, glass, rags, paper, trash, rubber, debris, demolition waste, abandoned mobile homes or trailers, dismantled or wrecked vehicles, untaxed, untitled or unlicensed vehicles or parts thereof; and other old scrap ferrous or nonferrous materials.
(rr) "LANDFILL" shall mean an area of land or an excavation in which wastes are placed for permanent disposal, and that is not a land treatment unit, surface impoundment, injection well, or waste pile.
(ss) "LAND TREATMENT" means the controlled application of solid waste, excluding application of animal manure, into the surface soil to alter the physical, chemical, and biological properties of the waste.
(tt) "LATERAL EXPANSION" means a horizontal extension of the waste boundaries of an existing landfill disposal unit.
(uu) "LEACHATE" means liquid that has passed through waste or emanating from land disposal cell or solid waste and contains soluble, dissolved, suspended, miscible materials and/or microbial contaminants from the solid waste.
(vv) "LIQUID" Any material that when put into an ordinary paint filter, some part of which will pass through the filter.
(ww) "LITTER" means uncontained solid waste that is scattered intentionally or in a careless manner.
(xx) "LITTERING" means the improper disposal, depositing, release, leaking or placing of any solid waste or junk by any person, acting on his own or on behalf of a firm, corporation governmental subdivision or agency in any location, other than an approved solid waste collection, storage, treatment or disposal container or area within the boundaries of the Turtle Mountain Reservation.
(yy) "MINE-SCARRED LANDS" are defined as lands, associated waters, and surrounding watersheds where extraction, beneficiation, or processing of ores and minerals (including coal) has occurred.
(zz) "MOBILE HOME OR TRAILER" means a portable habitable structure that was originally fitted with wheels to facilitate movement or transportation on public roads. Such wheels may or may not still be present on the structure.
(aaa) "NUISANCE" means any act or condition created by a person(s) which results in an inconvenience to or affects the health of the public.
(bbb) "OPEN BURNING" means the burning of solid waste in an open area, field, pile, or in any other uncontrolled manner.
(ccc) "OPEN DUMP" means any disposal site that is not in full compliance with this Act and 40 CFR Part 258.
(ddd) "OPERATOR" means the person responsible for the overall operation of a facility or part of a facility.
(eee) "OWNER" means the person who owns a facility or part of a facility.
(fff) "PERSON" means any individual, firm, association, partnership, political subdivision, government agency, municipality or other governmental subdivision, or governing or managing body of any municipality, governmental subdivision or public agency, industry, public or private corporation, trustee, receiver, agent, assignee or any other legal entity whatsoever.
(ggg) "PESTICIDE" means any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any pest, or intended for use as a plant regulator, defoliant, or desiccant.
(hhh) "PILE" means any non-containerized accumulation of solid, non-flowing hazardous waste that is used for treatment or storage and that is not a containment building.
(iii) "POLLUTANT OR CONTAMINANT" shall include, but not be limited to:
(1) Any element, substance, compound, or mixture, including disease- causing agents, which after release into the environment and upon exposure, ingestion, inhalation, or assimilation into any organism, either directly from the environment or indirectly by ingestion through food chains, will or may reasonably be anticipated to cause death, disease, behavioral abnormalities, cancer, genetic mutation, physiological malfunctions (including malfunctions in reproduction) or physical deformations, in such organisms or their offspring. The term pollutant or contaminant shall also include a controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)) and petroleum or petroleum product.
(2) Pollutant or contaminant also means any pollutant or contaminant that may present an imminent and substantial danger to public health or welfare of the Tribe or any person within the exterior boundaries of the Turtle Mountain Reservation.
(jjj) "POLLUTION" MEANS:
(1) the condition caused by the presence in or on soil, air, or water of any solid waste, hazardous waste, or substance derived there from in such quantity, of such nature and duration, or under such condition that the quality, appearance or usefulness of the soil, air, or water is significantly degraded or adversely altered; or
(2) contamination of the environment to a measurable degree and adverse nature, including but not limited to hazardous substances pollutants or contaminants (as defined in Section 101(14) and (33) of CERCLA, 42
U.S.C. 9601); hazardous waste (as defined in the Solid Waste Disposal Act, 42 U.S.C. 6901 and 40 CFR Part 261), a controlled substance (as defined in Section 102 of the Controlled Substances Act – 21 U.S.C. 802); petroleum or petroleum byproducts or other toxic organic waste or toxic chemicals.
(kkk) "Post-closure period" means the period of time following closure of a solid waste management unit during which the owner or operator must perform post-closure activities.
(lll) "Premises" means a tract or parcel of land with or without habitable buildings.
(mmm) "Putrescible" means organic matter that is capable of being decomposed by micro-organisms and that can result in the formation of foul smelling products.
(nnn) "Public Facility" shall mean any facility used for public purposes such as schools, churches, gyms, activity and recreational facilities, offices, etc., generally used from time to time by the public.
(ooo) "RCRA" means the Resource Conservation and Recovery Act of 1976, an amendment to the Solid Waste Disposal Act, 42 U.S.C. section 6901 et seq.
(ppp) "RECYCLABLE MATERIAL" means a solid waste material that has been segregated for recycling or converted into a raw material, substitute for a raw material, or a commodity.
(qqq) "RECYCLE OR REUSE PROCESSING" means an operation designed to separate, shred, compress, or otherwise modify a recyclable material to facilitate the transport or resource recovery of the material.
(rrr) "RECYCLED AGRICULTURAL MATERIAL" means agricultural waste generated by a farming operation or agricultural processing operation that is recycled or applied to soils as a nutrient or as a fertilizer at appropriate agronomic rates, or that is left in place on soils during harvesting, grazing or other similar agricultural activities. Recycled agricultural materials also include:
(1) Material, including manure, generated by any concentrated or confined animal feeding that is stored in a feedlot or waste storage structure, provided that the material is stored in a manner that is not likely to pollute the waters of the Tribe, and recycled or applied to soils as nutrients or fertilizers; or
(2) Material, including manure, generated by any agricultural processing operation that is stored in a manner that is not likely to pollute the waters of the Tribe, and recycled or applied to soils as nutrients or fertilizers. Recycled agricultural material does not include agricultural waste that is discarded as garbage, refuse, or other solid waste.
(sss) "RECYCLING" means collecting, sorting, or recovering material that would otherwise be solid waste and performing all or part of a method or technique, including processing, to create a recyclable material.
(ttt) "REFUSE" See Solid Waste.
(uuu) "RELEASE" means any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing into the environment (including the abandonment or discarding of barrels, containers, and other closed receptacles containing any hazardous substance or pollutant or contaminant). Release also means threat of release. The normal application of fertilizer is excluded.
(vvv) "REMEDIATION WASTE" means all solid and hazardous wastes, and all media (including ground water, surface water, soils, and sediments) and debris, that are managed for implementing a site remediation or response.
(www) "REMEDY OR REMEDIAL ACTION" means those actions consistent with the permanent remedy taken in the event of a release or threatened release of a hazardous substance, pollutant or contaminant into the environment, to prevent or minimize the release so that they do not migrate to cause substantial danger to present or future public health or welfare or the environment. The term includes, but is not limited to:
(1) Such actions at the location of the release as storage, confinement, perimeter protection using dikes, trenches, or ditches, clay cover, neutralization, cleanup of released hazardous substances and associated contaminated materials, recycling or reuse, diversion, destruction, segregation of reactive wastes, dredging or excavations, repair or replacement of leaking containers, collection of leachate and runoff, on-site treatment or incineration, provision of alternative water supplies, any monitoring reasonably required to assure that such actions protect the public health and welfare and the environment and, where appropriate, post-removal site control activities; and
(2) Off-site transport and off-site storage, treatment, destruction, or secure disposition of hazardous substances, pollutants or contaminants and associated contaminated materials.
(xxx) "RESERVATION" includes all land within the boundaries of the Turtle Mountain Reservation and any trust land within the Tribe's service area.
(yyy) "RESPONSIBLE AUTHORITY" The Tribal Solid Waste Program, Solid Waste Team, Public Utility or the compliance officer, as defined and with authorities and responsibilities delineated in this Act.
(zzz) "RUBBISH" Non-putrescible solid wastes, including ashes, consisting of both combustible and non-combustible wastes, such as paper, cardboard, tin cans, yard clippings, wood, glass, bedding, crockery, tires, or litter of any kind.
(aaaa) "RUNOFF" means any snowmelt, rainwater, leachate, or other liquid that drains from any part of a facility over another part of the facility or over land adjoining the facility.
(bbbb) "RUN-ON" means any snowmelt, rainwater, or other liquid that drains from land adjoining a facility onto any part of the facility or that drains from one part of the facility onto another part of the facility.
(cccc) "SANITARY LANDFILL" means a tribally approved, permitted, and 40 CFR Part
258 compliant, land disposal facility at which solid waste is disposed.
(dddd) "SCAVENGING" means the uncontrolled and unsafe removal of solid waste materials from containers, vehicles, or any approved solid waste management facility or disposal site.
(eeee) "SLUDGE" shall mean any solid, semi-solid or liquid waste consisting of a mixture of solids and water, oils, or other liquids generated from a municipal, commercial, or industrial wastewater treatment plant, water supply treatment plant, or air pollution control facility or any other such waste having similar characteristics and effects.
(ffff) "SOLID WASTE" shall mean any garbage, refuse, rubbish, sludge, ashes, incinerator residue, abandoned automobiles or parts thereof, street sweepings, demolition and construction wastes and discarded commodities, other than recyclable material that has been segregated for recycling, including solid, liquid, semi-solid or contained gaseous material resulting from industrial, commercial, mining, and agricultural operations, and from community activities, but does not include solid or dissolved material in domestic sewage, or solid or dissolved materials in irrigation return flows or industrial discharges which are point sources subject to permits under section 402 of the Federal Water Pollution Control Act.
(gggg) "SOLID WASTE DIRECTOR" shall mean the TM-EPA Director of the Tribal Solid Waste Management Program.
(hhhh) "SOLID WASTE MANAGEMENT PROGRAM (SWMP)" means the designated authority of the Tribe, which is authorized to implement designated provisions of this Act.
(iiii) "SOLID WASTE MANAGEMENT FACILITY" means a commercial, government, institutional or tribal facility which is authorized to accumulate, store, treat, transfer or otherwise manage solid waste other than in approved solid waste collection containers or boxes.
(jjjj) "SOLID WASTE MANAGEMENT TEAM (SWMT)" A six (6) member team appointed and authorized by the Tribal Council to implement the goals and objectives of the ISWMP and other activities designated by this Act.
(kkkk) "SOLID WASTE VEHICLE" A solid waste commercial compactor or other conveyance that is easily cleanable and capable of transporting solid waste without spillage and/or littering.
(llll) "SOURCE CONTROL" means the construction or installation and start-up of those actions necessary to prevent the continued release of hazardous substances or pollutants or contaminants (primarily from a source on top of or within the ground, or in buildings or other structures) into the environment.
(mmmm) "SPECIAL WASTE" means solid waste that is not a Hazardous Waste as defined herein and is
(1) solid waste that causes corrosion or decay or otherwise reduces or impairs the integrity of containment structures or storage containers;
(2) solid waste that, if mixed or commingled with other solid waste, produces violent reaction, heat, pressure, fire or explosion, toxic by-products, reaction products, or otherwise poses a threat to the health and safety of solid waste workers, handlers and/or transporters, that require a higher level of containment, is a hazardous material, or impairs the integrity of containment features;
(3) a solid waste that otherwise requires specific storage, management, transportation or disposal requirements to protect public health or the environment; or
(4) a solid waste that is prohibited from disposal at available solid waste disposal facilities. Such a waste can be designated by the Tribal EPA Director or the Solid Waste Director as a Special Waste and may require special storage, management, transportation or handling under this Act.
(nnnn) "STORAGE" means the confining, containing, holding or stockpiling of solid waste for a limited period of time prior to collection, treatment, transportation, utilization, processing, recovery or final disposal.
(oooo) "SURFACE IMPOUNDMENT" means a human-made excavation, diked area, or natural topographic depression designed to hold an accumulation of solid waste which is liquid, liquid bearing, or sludge for containment, treatment, or disposal. Examples of surface impoundments are holding, storage, settling, and aeration pits, ponds, and lagoons.
(pppp) "TAPA" means Turtle Mountain Tribal Administrative Procedures Act.
(qqqq) "TANK" means a stationary device, designed to contain an accumulation of waste which is constructed primarily of non-earthen materials (e.g., wood, concrete, steel, or plastic) which provide structural support.
(rrrr) "TRANSFER STATION" means a temporary holding facility for solid waste for the purpose of interim collection and transfer to a landfill or other facility.
(ssss) "TRANSPORTER" means any person, contractor, or facility operator who transports solid waste to solid waste facilities on or off the Reservation.
(tttt) "TREATMENT" shall mean any method, technique, or process including neutralization designed to change the physical, chemical or biological character or composition of a solid or hazardous waste or leachate so as to neutralize or render such waste or leachate amendable for safe transport, amendable for safe recovery, amendable for safe storage or disposal or reduced in volume. Such term includes any activity or processing designed to change the physical form or chemical composition of hazardous waste so as to render it non-hazardous. The term does not include resource recovery.
99. "TRIBAL EPA DIRECTOR" means the Turtle Mountain Tribe Environmental Protection Agency Director (TM-EPA Director).
100."TRIBAL RESPONSE PROGRAM" means the Tribal EPA program responsible for the investigation and remediation of a release, or threat of release, of a hazardous substance, pollutant or contaminant, including controlled substances, petroleum products and mining materials in Chapter 40.18 of this Act, in coordination with other Tribal programs and as provided for under Section 128(a) of 42 U.S. Code 9601(CERCLA).
101."TRIBE" means the Turtle Mountain Band of Chippewa, including any department or agency thereof, or any business entity owned and operated by the Tribe.
102."USED OIL" means any oil that has been refined from crude oil, or any synthetic oil, that has been used and as a result of such use is contaminated by physical or chemical impurities.
103."WASTE PILE" means any non-containerized accumulation of non-flowing solid waste.
