40.09.020 Management of Special and Industrial Wastes

The following special wastes, that are not hazardous waste as defined above, shall be managed as specified below and may be not stored, transferred, disposed of or discharged within the boundaries of the Reservation except at a designated and permitted land disposal or transfer, treatment, storage or recycling facility specifically approved by the Tribe. Special Waste collection, transportation, management, storage or disposal fees may be assessed by the Tribe for such wastes services provided by the Tribe or franchisee(s) within the Reservation. Special and industrial waste and requirements include:

(a) Septic Tank Pumpings and Sewage Sludge and other sanitary wastes shall be disposed of at a Tribally designated land disposal or Tribally approved sewage treatment facility in compliance with this Act and 40 CFR Parts

257 and 503, as applicable, and after payment of any applicable permit and/or discharge fees.

(b) Used or waste oil is designated as a special waste and must be collected or transported for disposal to any solid waste collection, transfer or storage unit or facility that is in full compliance with 40 CFR Part 279 and this Act and has provision for intermediate storage and recycling of these materials and all such materials are appropriately segregated for recycling.

(c) Major appliances (also known as "white goods") such as stoves, dish washers, refrigerators, washing machines, clothes dryers, water heaters, and scrap metal are designated as Special Wastes and may not be collected or transported for disposal to any solid waste disposal, transfer or storage unit or facility within the boundaries of the Reservation unless such unit or facility is in full compliance with this Act and has provision for intermediate storage and recycling of these materials and all such materials are appropriately segregated for recycling. Refrigeration or air conditioning units must have the refrigerant (i.e. freon) removed by a certified technician in conformance with applicable U.S. EPA and state regulations prior to off Reservation disposal or recycling.

(d) Lead-acid batteries must be disposed of by delivery to an automotive battery retailer or wholesaler, or to a collection or recycling facility authorized under this Act or the State. No automotive battery retailer shall dispose of a used lead acid battery except by delivery to the agent of a battery wholesaler, to a battery manufacturer, to a collection or recycling facility authorized under this Act or the laws of the state or to a secondary lead smelter permitted by the U. S. Environmental Protection Agency. Each battery improperly disposed of shall constitute a separate violation.

A person selling lead acid batteries at wholesale, retail or offering lead acid batteries for retail sale within the boundaries of the Reservation shall:

(1) Accept, at the point of transfer, in a quantity at least equal to the number of new batteries purchased per year, used lead acid batteries from customers, if offered by customers; and

(2) Post written notice which shall be at least eight and one-half (8 1/2) inches by eleven (11) inches in size and shall contain the universal recycling symbol and the following language:

(A) "It is illegal to discard a motor vehicle battery or other lead acid battery";

(B) "Recycle your used batteries"; and

(C) "Tribal Acts require us to accept used motor vehicle batteries or other lead acid batteries for recycling in exchange for new batteries purchased."

(3) Failure to post the required notice shall be a violation of this Act.

(4) Any person accepting batteries in transfer from an automotive battery retailer shall be allowed a period not to exceed one hundred twenty

(120) days to remove batteries from the retail point of collection.

(e) Infectious institutional wastes, medical wastes, laboratory wastes and surgical operating room pathological specimens and disposal fomites must be bagged in Bio/Medical Waste bags or containers obtained from the Indian Health Service or the Tribe. Regulated infectious waste may not be subject to mechanical stress or compaction during loading, unloading, and transit. Transportation of such waste within the boundaries of the Reservation must be conducted by a state permitted transporter for such wastes. Similar emergency room and mortuary wastes may not be disposed of within the boundaries of the Reservation unless such wastes are first incinerated in an incinerator approved and permitted by the XXXX, and applicable federal authority, and disposed of at a solid waste disposal site approved by the Tribe or the State.

(f) Wrecked, Junked or Unserviceable Vehicles (cars and trucks) that are:

(1) accumulated in a quantity of more than 4 on a single property shall be considered to be a commercial salvage operation and subject all applicable requirements and fees for such an operation in Section 40.15.040;

(2) Not currently licensed and abandoned on Tribal and/or public facilities such as roads, streets, alleys, highways, or public parking areas for more than 48 hours shall be considered junk shall be impounded and towed away at the direction of the Compliance Officer or the Tribal law enforcement department to an impoundment area. Any person claiming such vehicle shall give proof of ownership and pay any towing and storage charges. Vehicles not claimed within 30 days of impoundment shall be declared abandoned, advertised, and sold at auction by the law enforcement department to pay for towing and storage charges. All remaining income from the sale of the vehicle shall be remitted to the Tribe.

(g) Pesticide and Herbicide Wastes: Every person, commercial or industrial facility who handles surplus agricultural pesticides or herbicides and/or pesticide or herbicide containers shall:

(1) Comply with this Act and 40 CFR Part 262. Surplus pesticides or herbicides may not be discarded within the boundaries of the Reservation in any manner which endangers humans, animals, and/or the environment. Pesticide and herbicide containers must be drained or emptied according to label directions and power or triple-rinsed before processing or disposal; or

(2) A farmer or rancher within the Reservation boundaries disposing of waste pesticides from his own use which are hazardous wastes is not required to comply with this section for those wastes provided he triple rinses each emptied pesticide container in accordance with 40 CFR 261.7(b)(3) and disposes of the pesticide residues on his own farm or ranch in a manner consistent with the disposal instructions on the pesticide label and does not endanger human health or the environment.

(h) Tires: Tires must be transported to an end-user who will process, recycle and/or dispose the materials in a manner that complies with the laws of the Tribe or the State or the governmental jurisdiction having authority over waste management activities.

(1) Commercial businesses, public/tribal agencies and tire dealers may store the equivalent of a semi-truck load of whole or shredded scrap tires for transport to a recycling or disposal facility subject to the following conditions:

(A) Storage must not create a public nuisance;

(B) Access to the storage area must be controlled;

(D) Funds must be set aside for disposing or recycling the stored scrap tires (proof of availability of such funds must be available upon request by the Compliance Officer).

(2) Storage of larger quantities of tires requires a formal solid waste storage permit from the Tribal EPA pursuant to Section 40.15.060. Individuals or businesses accepting scrap tires are subject to enforcement action if the activity:

(A) creates a nuisance;

(B) endangers public health or safety, including harboring disease vectors or insects; or

(3) Commercial businesses or tire dealers located within the boundaries of the Reservation collecting and hauling scrap tires must have a solid waste transporter permit issued by the Tribal EPA.

(4) Individual persons may store up to a maximum of 20 tires for personal use on their own property.

(i) Dead Animals: Dead animals must be removed in a timely manner and be managed by renderers, disposed of at a permitted solid waste landfill or at an alternative location designated by the Tribal EPA. Private commercial animal removal companies shall be used for removal and disposal of all livestock carcasses; pets shall be buried or taken to a tribally approved transfer or disposal site.

During an emergency, potentially large numbers of livestock may need to be managed as rapidly and as efficiently as possible. The Tribe may issue an emergency permit for one-time disposal events based on various practical factors during emergency conditions. The Tribal EPA, Solid Waste Director and other local, state and federal agencies will work together with livestock owners to accomplish the efficient and environmentally sound disposal of animal carcasses and related materials so as to minimize impacts to human and animal health and to water sources. Disposal under emergency permits must be restricted to dead animals and associated, generally inert waste, unless otherwise authorized.

(j) Asbestos and Asbestos Containing Materials: Removal, transportation and disposal of Asbestos and Asbestos Containing Materials must be conducted in compliance with the applicable requirements of this Act, the Clean Air Act (42 U.S. C. 7401-7671q) and follow U.S. Environmental Protection Agency guidelines. Asbestos and Asbestos Containing Materials must be disposed of outside of the Reservation at a state approved landfill facility. Asbestos disposal must be coordinated with the landfill owner/operator. Friable asbestos-containing material must be disposed into landfills that have agreed to accept the material and have appropriate facilities, procedures, equipment and training for managing such waste.

Prior to shipping, friable asbestos-containing material must be wetted. Friable asbestos-containing material must be placed in leak-tight containers and be properly labeled. Containers should be carefully handled. Handling of regulated asbestos-containing material must be performed by certified asbestos personnel.

(k) Abandoned Mobile Home or Trailer: Mobile homes or trailers that are an unsafe structure, unfit for habitation, junked, partially dis-assembled, wrecked or non-operative and which are abandoned or not inhabited for more than 180 days may be declared a solid waste by the Solid Waste Director or the Compliance Officer and must be managed accordingly and in full compliance with this Act. The property owner will be provided a Warning Letter by the Compliance Officer to properly repair, remove and/or dispose of the mobile home or trailer in accordance with this Act and any other applicable Tribal, state or federal regulations within 30 days. Failure to comply with this Warning Letter may result in further enforcement action and penalties pursuant to this Act. The right to a hearing may be provided to the property owner to allow for repair of the mobile home or trailer to make it safe and fit for habitation or to provide additional time to dispose of the mobile home or trailer and comply with the Warning Letter or Notice of Violation.

(l) Construction and Demolition Wastes. All construction or demolition wastes and debris must be properly disposed in accordance with this Act. Prime contractors are required to obtain a Tribal EPA permit, per Section 40.15.020 of this Act, prior to beginning any construction or demolition work on the Reservation.

(m) Agricultural wastes. Agricultural waste and products shall be stored as to minimize nuisance, flies, rodents and odor, and shall not result in the contamination of ground or surface water sources.