40.17.320 Harm to the Tribal Regulatory Program

There are some requirements of the SHWMC which, if violated, may not appear to give rise as directly or immediately to a significant risk of contamination as other requirements. Noncompliance with these requirements, however, directly increases the threat of harm to human health and the environment. Therefore, all regulatory requirements are fundamental to the continued integrity of the SHWMC. Violations of such requirements may have serious implications and merit substantial penalties where the violation undermines the regulatory purposes or procedures for implementing the SHWMC. Some examples of this kind of regulatory harm include:

(a) failure to submit a timely/adequate permit application;

(b) failure to respond to a formal information request;

(c) operating without a required permit;

(d) failure to prepare or maintain required records; or

(e) failure to submit required reports

It should also be clear that these types of requirements are based squarely on protection concerns and are fundamental to the overall goals of the SHWMC to handle wastes in a safe and responsible manner.