40.16.020 Enforcement of Act

In order to monitor compliance and enforce all provisions of this Act and regulations adopted hereunder that pertain to the minimum standards for solid and hazardous waste handling, treatment, and disposal, for the protection of the public health and safety and of land, air and water; and insure compliance with the conditions of all permits, determinations, orders, plans or other actions taken by the Tribe under this Act; the Compliance Officer shall have the authority to:

(a) Conduct investigations and gather information necessary for the enforcement of this Act

(b) Remove, render inoperative, shut down, close, modify or otherwise control the methods of any operation involved with the collection, transportation, storage, disposal or release of solid or hazardous waste;

(c) 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 and make video or photographic records of any regulated activity or facility;

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

(e) Obtain any information, including records and reports, from any owner or operator of a facility or operation permitted under this Act, necessary to determine whether the owner or operator is in compliance with this Ordinance;

(f) Conduct any independent monitoring or testing necessary to ensure that owners or operators of a facility or operation permitted under this Act are in compliance with this Act;

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

(h) Collect, organize and catalog existing information and studies available from all sources, both public and private, pertaining to the management of solid and hazardous waste and past releases of hazardous substances, pollutants or contaminants within the exterior boundaries of the Turtle Mountain Reservation;

(i) Develop such additional data and studies pertaining to solid and hazardous waste and solid waste management as are necessary to accomplish the objectives of this Act;

(j) Solicit public comment and obtain expert advice when appropriate; and

(k) Investigate activities which affect solid and hazardous waste management to determine whether they are in compliance with this Act and applicable Acts, regulations, orders, determinations, permits, standards, etc., issued under this Act;

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

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

(n) 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.