5.03.010

(a) INTRODUCTION

It is the tradition of the Mohawk People to look generations forward in planning. It is with this foresight that the Saint Regis Mohawk Tribe Solid Waste Management Code ("Code") is intended.

Solid waste disposal practices need to be maintained in good harmony with Mother Earth since these practices will have an effect on the future generations inheriting this land. Adherence to this chapter will ensure that best practices for solid waste management are maintained.

(b) AUTHORITY

The Saint Regis Mohawk Tribe ("Tribe" or "SRMT") has the inherent authority to manage and regulate the storage, collection, transportation, handling, treatment and disposal of solid waste in a manner which best protects Mother Earth, her natural resources, and the health, welfare, and economic security of this generation of Mohawk People and the generations to follow.

The Tribe retains the inherent sovereign power to exercise civil authority and jurisdiction over the conduct of both Tribal and non-Tribal members on all lands within the Saint Regis Mohawk Indian Reservation ("Reservation"). These civil actions will be taken when necessary to maintain the environment, natural resources, public health, safety, welfare, political integrity and economic security of the Tribe.

(c) PURPOSE

This chapter does not allow for the improper disposal of any Solid Waste on the Reservation. Improper disposal or creating an Open Dump of any Solid Waste materials or recyclables, whether on the side of the road, in the Community Recycling Depot, or anywhere that they should not be disposed of, will be considered a violation of the Code. Disposal of such Solid Waste or creating an Open Dump site is different than someone who litters as outlined in the Saint Regis Mohawk Tribe Traffic Code Section III(5)(f) (TCR 2018-09 or as amended).

It is the intent of this chapter to create a comprehensive integrated waste management policy that requires all solid waste to be disposed of properly at management facilities on and off the Reservation. This chapter encourages Mohawk People to reduce, recycle and reuse those materials that do not belong in the waste stream. Education of the community through diverse media has been a continuing process, aimed at eliminating the poor solid waste disposal practices of the past.

The Code intends to:

(1) Protect the health and safety of Tribal members and all other persons within the Reservation;

(2) Protect the cultural, social and economic stability of residential, agricultural, commercial, industrial, forest, riparian, and environmentally sensitive lands within the Reservation;

(3) Protect the historical and cultural values and traditions of the Tribe, Mohawk land as a permanent Tribal homeland, and maintain its aboriginal character;

(4) Prevent solid waste pollution, including contamination of the Tribe's groundwater, surface waters, drinking water supplies, and all other natural resources;

(5) Prevent the deterioration of the environment, standard of living, quality of life, welfare and well-being of all persons within the Reservation; and

(6) Provide and promote Tribal waste management efficiency and services within the Reservation.