40.05.030 The Compliance Officer

The Compliance Officer is hereby designated as the responsible agent to ensure compliance with and enforcement of this Act and any permits or Orders issued pursuant to this Act and will be housed in the Tribal EPA Office. The Compliance Officer or his duties shall not be housed within the SWMP. Unresolved compliance issues can be appealed to the Hearing Officer as provided for in the TAPA. The duties of the Compliance Officer shall include:

(a) Monitoring, inspecting and ensuring entities and persons covered by this Act are in compliance to include the management handling, treatment, storage, transfer and disposal of solid, special and hazardous waste and the investigation, assessment and remediation of releases or contamination to include the duties under Section 40.16.030 and:

(1) Obtain any information, including records and reports, from any owner or operator necessary to determine whether the owner or operator is in compliance with this Act;

(2) Conduct any independent monitoring or testing necessary to ensure that owners or operators are in compliance with this Act;

(3) Enter any site or premises subject to the tribal permit programs or at which records relevant to regulated activity or facility are kept;

(4) Review and reproduce any records relevant to the regulated activity or facility;

(5) Make video or photographic records of any regulated activity or facility;

(6) Inspect at any time any site or premises at which regulated activities are conducted and make photographic, video, or other records of information obtained during the inspection;

(7) Investigate the activities of any solid waste disposal, transfer, storage facility or collection and transportation service in order to determine compliance with this Act or to verify information obtained from the owner or operator;

(8) Conduct any and all independent tests or samplings necessary to verify the adequacy of methods (including sampling) used by owners or operators or responsible party to provide information to the Tribe or determine compliance with this Act, including, but not limited to, testing and inspecting any equipment used by the owner or operator or responsible party to test, sample, or obtain information;

(9) Interview persons employed in the operation of any regulated facility or service subject to the requirements of this Act; and

(10) Receive and record information submitted by any persons concerning any regulated activity or facility. If requested, the Compliance Officer shall provide a written response to any person providing such information within 60 days of the request;

(b) Ensuring the design, construction, operation, monitoring, monitoring after closure of solid waste facilities are in compliance with this Act;

(c) Ensuring compliance with permits or Orders issued under this Act and developing procedures for carrying out a permit compliance and inspection program, including but not limited to requiring operators file reports with the Compliance Officer in order to monitor solid waste handling, treatment, storage, transfer and disposal within the Reservation;

(d) In the event of an accidental release or spill of a hazardous substance, pollutant or contaminant to the air, land or waters or groundwater of the Reservation resulting in a potential threat to the public health, welfare or the environment within the boundaries of the Reservation ensure compliance with the notification and response requirements of this Act and ensure the appropriate entity addresses the immediate and long term impacts of the release or spill to include all necessary containment, remediation, assessment of impacts and long term monitoring;

(e) Ensure compliance with the remediation requirements of this Act by owners, operators, or other parties responsible for releases of hazardous substances, pollutants or contaminants on or from a property or site resulting in contamination to include Remedial Assessment Agreements, Remediation Agreements, Remediation Orders, No Further Action letters or Certifications of Completion;

(f) Ensuring compliance with Tribal Institutional Controls or land use restrictions;

(g) Conducting community outreach and education on the requirements and means of compliance with this Act;

(h) Recommending to the Tribal Council such contracts as deemed necessary, for the accomplishment of essential compliance and enforcement services and/or for the investigation, assessment, or remediation of releases of solid or hazardous waste, hazardous substances, pollutants or contaminants within the Reservation, to include open dumping of solid waste, provided that the Compliance Officer monitors all such contracts for the Tribe; and

(i) Seeking grants or other sources of funding to support such efforts, and may cause to be undertaken analyses and studies regarding the best methods for safe solid waste handling, treatment, storage, transfer or disposal within the Reservation; or the investigation, assessment, or remediation of releases of solid or hazardous waste, hazardous substances, pollutants or contaminants within the Reservation, to include open dumping of solid waste. Such a program may include private sector or federal government entities participation in this effort.