Turtle Mountain Law Library
Turtle Mountain Band of Chippewa Indians Tribal Code.

40.06.040 Future Solid Waste Facility Sites

In identifying and reserving areas for the establishment or expansion of future solid waste facilities, to include waste recycling, processing or recovery areas, the SWMT shall ensure that the land uses adjacent to or near such areas are compatible with solid waste facilities and shall consider the following:

(a) The varying geologic, hydrologic, climatic, and other circumstances under which different solid waste practices are required in order to prevent leachate contamination of ground and surface waters, the protection of surface waters from surface runoff contamination, and the protection of ambient air quality;

(b) Characteristics and conditions of handling, treatment, and disposal methods, techniques, and practices, and locations of solid waste facilities where such methods, techniques, and practices are conducted, taking into account the nature of the material to be handled;

(c) Site Specific Flexibility Requests that are compatible with 40 CFR Part

258 and Tribal requirements;

(d) Population density, distribution, and projected growth;

(e) Geographic, geologic, climatic, and hydrologic characteristics;

(f) The types and locations of transportation facilities;

(g) The profiles of local industries and waste types;

(h) The constituents and general rates of solid waste;

(i) The political, economic, organizational, financial, and management problems affecting comprehensive solid waste management on the Reservation;

(j) Types of resource recovery facilities and resource conservation systems that are appropriate; and

(k) Available new and additional markets for recovered material and energy resources recovered from solid waste as well as methods for conserving such material and energy.