40.12.050 Issuance of Permit: Conditions

The Solid Waste Director shall not issue, modify, or revise a solid waste facility or transportation permit unless it is convinced that primary consideration is given by the permittee to preventing environmental damage or health threats and that the long-term protection of the environment and public health is the guiding criterion. To achieve these purposes, the Tribal Council may:

(a) Prohibit or condition the handling, treatment, transfer or disposal of solid waste to protect, rehabilitate, or enhance the environmental quality;

(b) Require the proposed facility or transportation operation to be in full compliance with the applicable rules and regulations in effect on the date of permit issuance; and

(c) Require feasible mitigation measures identified in any Environmental Assessment or Environmental Impact Statement prepared pursuant to the Tribal Environmental Policy Act (TEPA) or the National Environmental Policy Act (NEPA 1505.2c, 42 USC 4321-370a), be incorporated as permit conditions.