5.03.030 Designation of Authority
(a) ENVIRONMENT DIVISION AND COMPLIANCE DEPARTMENT
The Tribe respects the thoughts and teachings of the Mohawk People and is entrusted to protect the land, air, water, vegetation and animal life for the next seven generations. To accomplish this mission as it relates to solid waste management, the Tribe hereby appoints the Environment Division as the lead Tribal agency to ensure the proper management of solid wastes while the Tribe's Compliance Department is delegated the authority to issue permits and maintain compliance with this chapter. The Environment Division and the Compliance Department shall each have the powers, duties, and responsibilities as provided herein.
The Environment Division shall develop and manage the Tribe's comprehensive integrated waste management policy and regulations using both the traditional concept of seven generations and by the duties specifically designated in this chapter or as may be assigned from time to time by the Environment Division Director or Tribal Council. The Environment Division shall communicate to the community information regarding the Tribe's comprehensive integrated waste management policy and make reports containing such information as the Tribe approves, excluding any confidential or privileged information.
(1) Duties of the Environment Division with Respect to Solid Wastes. The Environment Division is entrusted to protect the land, air, water, vegetation and animal life for the future generations from the detrimental effects of improper management of solid waste. To accomplish this task the Environment Division shall perform the following:
(A) Develop and implement the Tribe's Solid Waste Management Plan. The goal of the Solid Waste Management Plan is to provide guidance to manage solid wastes in a manner that honors the earth, people, plants, animals, and waters, while contributing to the economic and social progress of the community.
(B) Build on the community's inherent respect for the natural world by maintaining and improving the processes and equipment utilized in the management of solid wastes, recyclable and reusable materials. Provide the technical standards and criteria for the collection and transportation of Solid Waste.
(C) Prepare an inventory and location of all open dumping sites in and around the Reservation where solid wastes have been disposed, and a plan to close all such sites.
(D) Encourage community involvement and input in the Tribe's Solid Waste Management Plan;
(E) Prepare technical reports as may be requested from time to time, including environmental assessments as may be necessary.
(F) Administer, supervise, monitor, and investigate the collection, transportation, and disposal of Solid Waste on the Reservation in compliance with this chapter, as well as adhere to all laws, rules and regulations, and Guidance Documents promulgated hereunder.
(G) Investigate and prepare applications for private, Federal or State grants or funding, and provide financial and technical assistance to implement the Tribe's Solid Waste Management Plan.
(H) Maintain and renew permits for the collection and transportation of and for the operation of the Solid Waste Transfer Station.
(I) Ensure that proper handling, collection and disposal of regulated Hazardous Waste is done in accordance with Section 5.03.040 of this chapter.
(2) Duty of the Compliance Department to Investigate Under this chapter
Upon receiving a credible complaint by any person, or upon its own initiative, the Environment Division shall request that the Compliance Department perform a thorough investigation of any violations made by any person, Management Facility, or Hauler. The Compliance Department shall prepare a report which will then be submitted to the Environment Division, Tribal Council and General Counsel.
A credible complaint is a complaint that relates to, but is not limited to, improper disposal methods, unauthorized acceptance of special wastes, inappropriate handling, collection and transportation of solid waste and/or worker safety issues.
If a complaint is founded then an Enforcement Action pursuant to Section 5.03.060(c) may be undertaken. For any complaint that is unfounded a report shall be transmitted to the complainant within thirty (30) days of the investigation's completion.
