40.16.050 Enforcement Actions

The Compliance Officer may initiate informal actions to inform a party of violations of this Act where such violations do not pose an imminent risk to public health or the environment or are not habitual in nature to include a written warning notice. Failing timely and complete compliance with this Act, or where such violations pose an imminent risk to public health or the environment or are habitual in nature, the Compliance Officer may issue the following types of formal Administrative Enforcement Actions:

(a) Notice of Violation (NOV). The Compliance Officer shall, upon discovery of a violation of this Act, or violation of any permit issued under this Act, provide a Notice of Violation (NOV) that sets forth the acts or omissions with which the person, government agency or permittee is charged and specifies the terms, laws, conditions, rules, or regulations that is alleged to have been violated. The NOV and all accompanying documents shall be delivered personally or by certified or registered mail, return receipt requested to the person, government agency or permittee and a copy provided to the TM-EPA Director and Solid Waste Director. The NOV may include:

(1) A list of the violations, acts or omissions with which the person, government agency or permittee is charged and specifies the permit terms, laws, conditions, rules, regulations or requirements of this Act that is alleged to have been violated;

(2) A compliance schedule for any violation of a permit issued pursuant to this Act or any other violation of this Act that cannot be corrected immediately;

(3) Notification of potential fines or penalties that may result from failure to comply with the NOV;

(4) Notification of additional or subsequent enforcement action(s) that may result from failure to comply with the NOV;

(5) Procedures to notify the Compliance Officer of compliance with the NOV; and

(6) Procedures to request an informal meeting with the Compliance Officer and/or the TM-EPA Director to discuss the violations cited in the NOV and/or the compliance schedule.

(b) Administrative Orders. The Compliance Officer may issue a Tribal Administrative Order to any person, to include assessment of appropriate penalties or fines, who:

(1) constructs or operates a solid waste facility in violation of his facility permit;

(2) constructs or operates a solid waste facility without a facility permit;

(3) transports solid waste in a manner in violation of his solid waste transportation permit;

(4) transports solid waste without a solid waste transportation permit;

(5) violates any standards, permit or requirements of this Act, for the management, handling, transfer, treatment, or disposal of solid, special or hazardous waste;

(6) fails to apply for or comply with any permit required under this Act;

(7) violates any requirements of this Act to report and/or respond to a spill or release;

(8) violates any requirements of this Act to properly investigate, assess, abate, or remediate a release; or

(9) violates any other requirements of this Act.

(c) Cease and Desist Orders. The Compliance Officer may issue an Order to an owner/operator to cease and desist where the construction or operation of a solid waste facility or the transportation of solid waste is causing or threatening to cause a condition of hazard, pollution, or nuisance due to the release or migration of solid, special or hazardous waste or solid or to any person to cease and desist any improper action or activity that is in violation of this Act and:

(1) causing, or threatening to cause, a release or spill of a solid, special or hazardous waste or other hazardous material; or

(2) causing any adverse impact on public health, welfare or the environment.

(d) Remedial Action Orders. The Compliance Officer may require a person, government agency or the owner/operator of a solid waste facility or the solid waste transporter to take corrective action necessary to abate any release, hazard, pollution, or nuisance or to protect public health and safety and the environment. all be in conformance with Chapter 40.18 of this Act.