40.16.030 Duties

The Compliance Officer's duties shall include:

(a) Enforcement of Permits and Orders. Enforce compliance with permits or Orders issued pursuant to this Act.

(b) Enforcement of Mitigation Measures. Enforce compliance with feasible mitigation measures identified within Environmental Assessment/Environmental Impact Statement prepared pursuant to the Tribal Environmental Protection Act (TEPA) Title - of the Turtle Mountain Tribal Act and the National Environmental Protection Act (NEPA).

(c) Enforcement of Response Measures. Enforce compliance with response or remediation measures required under Chapter 40.18 of this Act.

(d) Enforcement by Federal Agencies. Ability to request enforcement by state or federal agencies of their respective laws and regulations governing solid or hazardous waste handling, treatment, disposal or releases where those laws and regulations may be applicable.

(e) Provide Information. Provide information to the affected public, the Tribal Council, and other Tribal departments as requested and where such requests do not conflict with other provisions of this Act.

(f) Development of Program. Develop, implement, and maintain inspection, enforcement and training programs.

(g) Record Keeping. Keep and maintain accurate records of its inspection, enforcement and training programs.

(h) Consultation with Health Agencies. Consult with appropriate health agencies concerning all actions involving solid waste handing, treatment and disposal.

(i) Periodic Review. The TM-EPA Director shall periodically review the Compliance Officer and its implementation of the enforcement program. This review may include the inspection by the TM-EPA Director, or any person authorized by the TM-EPA Director, of all books, records, accounts and other documents of the Compliance Officer. If the TM-EPA Director finds that the Compliance Officer is not adequately fulfilling its enforcement responsibilities, the TM-EPA Director shall notify the Compliance Officer and the Tribal Council of its intention to take remedial action if the Compliance Officer does not correct the problems specified by TM-EPA Director.