40.16.040 Actions on Complaints

If the Compliance Officer receives a complaint concerning the violation of applicable tribal or federal environmental or solid waste laws, regulations or permit conditions, the Compliance Officer shall investigate to ensure proper consideration of the complaint. The Compliance Officer's investigation may include the inspection of the facility or transportation vehicle/container to determine whether any applicable tribal or federal law, regulation, or permit has been or is being violated.

(a) If the Compliance Officer receives a complaint concerning a solid waste facility, collection system, release, or other activity, and the Compliance Officer is not able or authorized to take action concerning the complaint, the Compliance Officer shall refer the complaint within ten days of receipt to the appropriate state or federal agency.

(b) If the Compliance Officer receives a complaint concerning a solid waste facility, collection system, release, or other activity, and the Compliance Officer does not refer it to another agency, or if the Compliance Officer receives a compliant referred to it by another agency, the Compliance Officer shall either take enforcement action concerning that facility or transporter or provide the person who filed the complaint with a written statement within thirty (30) days explaining why an enforcement action would not be appropriate.