5.03.040 Proper Handling, Collection and Disposal of Solid Wastes

(a) INTEGRATED WASTE MANAGEMENT

An integrated waste management approach shall be used for the management of Solid Wastes. This approach shall promote reducing, reusing, and recycling, followed by disposal.

The Environment Division may issue rules and regulations for reducing, reusing, and recycling of solid wastes on the Reservation. Proper and safe practices based on industry standards will be developed to increase safety in the recovery phase of these efforts.

The Saint Regis Mohawk Tribe will abide by restrictions on recyclables at the landfill (County of Franklin Solid Waste "Local Law No. 3".) The following rules apply to this Solid Waste Code for recyclable materials:

(1) All recyclables shall be separated from Municipal Solid Waste

(2) Designated Recyclables shall not be contaminated with hazardous waste or any other solid waste.

(3) Recyclables will be delivered in a manner to follow these requirements or they may be rejected.

(b) OPEN DUMPING

The open dumping of Solid Wastes on the Reservation is disrespectful and does irreparable damage to the land and the environment. Much of this waste can last longer than seven generations and can affect even more generations through contamination of: soil, groundwater, and surface waters. Proper disposal of these materials can be accomplished through the utilization of Management Facilities, Haulers and/or taken directly off reservation to permitted disposal areas.

It is a violation of this chapter for anyone or business to operate an Open Dump site. If there is an allegation of an Open Dump site it shall be investigated. The Open Dump site shall immediately cease to operate and violator will be subject to enforcement actions as outlined in Section 5.03.060(c). if the matter was not resolved under Section 5.03.030(a)(2).

It is a violation of this chapter to dump, scatter or place any solid wastes anywhere except at a duly authorized and designated solid waste transfer station or landfill. Any written or verbal allegation of open dumping shall be forwarded to the Compliance Department to investigate. If the alleged violator's conduct does not cease after the Compliance Department has undertaken efforts to seek cooperation to stop the offending behavior, it may then determine whether to refer the matter to Tribal Police or the Environment Division for further enforcement action.

If there are further enforcement actions and the matter is brought to the Tribal Court, it shall be dealt with according to Section 5.03.060(d).

Any burning of Solid Wastes will be done in accordance with the open burn regulations established by the Environment Division's Clean Air Program (see TCR 2002-59 or as amended)

(d) HOUSEHOLD HAZARDOUS WASTES

On specified days during the calendar year, certain Household Hazardous Wastes will be accepted at specific drop off areas on the Reservation for proper disposal. Only on those days and at those locations will a limited number of prohibited special wastes be accepted. The wastes allowed will be listed and announced thirty (30) calendar days prior to the collection date by the Director of the Environment Division.

All items to be included in the Household Hazardous Waste collection will be compiled on a list by the Director of the Environment Division. The permitted items will be announced in a locally circulated newspaper, the Tribe's website, social media and radio for at least three (3) consecutive weeks prior to collection activities. Disposal methods and containers will follow recognized standards established by United States Environmental Protection Agency (USEPA) and Occupational Safety and Health Administration (OSHA). Rules and regulations adopted by the Environment Division may be used if those methods specified meet or exceed the minimum standards established by USEPA and OSHA.

If the Director or any employee involved with the collection of Household Hazardous Waste is in doubt regarding the safe handling of a product, then such product will be returned to the individual who transported it to the collection point.

Collection of Household Hazardous Waste will occur based solely on the availability of funding. If the Environment Division deems that regularly scheduled collections are necessary in its discretion, under rules and regulations to be adopted by the Environment Division, then the necessary steps and procedures will be taken to assure regularly scheduled collections.

Disposing of Household Hazardous Wastes except as outlined above at a Management Facility located on the Reservation is a violation of the Code.

(e) SPECIAL WASTES

The Environment Division may prohibit the disposal of other Solid Wastes at Management Facilities on the Reservation, as it deems necessary, under rules and regulations to be adopted by the Environment Division. The Environment Division shall issue rules and regulations governing the disposal or prohibition of disposal of other Solid Wastes not listed herein, including but not limited to, ashes and powders, and mineral wastes and soils. The Environment Division shall develop rules and regulations for special wastes, which require special handling, treatment and disposal.

Tribal Departments or agencies, private enterprises, Haulers or any other person are prohibited from disposing of the following Special Wastes at any management facility located within the Reservation.

Only Haulers who follow applicable Tribal, Federal and State laws and regulations shall collect and transport Special Waste within the Reservation and from the Reservation.