Transcript TURTLE MT BAND OF CHIPPEWA Ray Reed – Brownfield Coordinator EPA-TRP

TURTLE MT BAND OF CHIPPEWA
Ray Reed – Brownfield Coordinator
EPA-TRP
Turtle Mountain Band of
Chippewa Indians
History
• Band was established by executive order on
December 21, 1982.
• Enrolled membership consists of Chippewa or
Ojibwa and Metis (mixed).
• Land Base originally established by Treaty.
Diminished three times.
• 30,000 enrolled members throughout U.S. and
14,500 live on or near reservation, on tribal and
trust lands.
• Reservation size is 6 miles by 12 miles located in
Rolette County.
Turtle Mountain Band of
Chippewa Indians
• Present Issues
• 68% unemployment rate
• 8% Bachelors Degree or higher
• Large population on a small land base.
• Solid waste generation is massive.
• Meth production.
• Other.
Turtle Mountain Band of
Chippewa Indians
Tribal Response Program:
• Control Solid and Hazardous Waste
dumping & mgt. on reservation to limit
releases of hazardous substances,
pollutants or contaminants; petroleum;
and controlled substances .
• Compliance and Enforcement of Tribal
Codes
• Community Outreach and Involvement
• Provide alternatives – Recycling and
Reuse.
Turtle Mountain Solid
Waste Code
• 1992 - Solid Waste Code developed &
adopted. (32 pages)
• March 2006 to April 2007-Solid Waste
Code revised. (103 pages)
• May to June 2007 60 day comment
period.
• July 2007 – Solid Waste Code Adopted.
Turtle Mt. Chippewa
TITLE 40
TURTLE MOUNTAIN BAND OF CHIPPEWA
SOLID AND HAZARDOUS WASTE MANAGEMENT ACT
Adopted July 6, 2007
Tribal Compliance & Enforcement
Of Solid and Hazardous Waste Codes
Why are Tribal solid waste
codes needed?
U.S. EPA Does not regulate solid waste
Why is a Tribal compliance &
Enforcement program needed?
To protect the health, welfare and
environment of the Turtle Mountain Tribe
Adoption Process:
Political and Public
Support
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Tribal Council(s)
Tribal Court & Judge
Tribal Program Directors
Exec. Committees
Federal Agencies
Community (aka voters)
Purpose of a
Solid Waste Code?
• Can serve as a mechanism that will:
– Protect human health & environment
– Protect natural resources
– Prevent open dumping
– Address waste management issues
– Fill a regulatory gap (EPA cannot
directly enforce solid waste rules)
Where to begin?
• Environmental Director-forms a Solid
Waste Management Team
• Scheduled meetings to:
– Discuss solid waste issues
– Information exchange/facilitate discussions
on solid waste issues
– Participation by all working group
members-learn about each other’s roles
and responsibilities concerning solid waste
Solid Waste
Management Team
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Public Utilities Board
PU Director
Planning Department
Tribal Environmental
Health
• Law Enforcement
• Courts
• Tribal Prosecutor
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Tribal Attorney
Natural Resources
BIA
Environmental
Department
• TERO
• Housing Dept.
Developing codes and
input to code
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Core Committee
Legal Support (Tribal/Courts)
Technical Support
Tribal Administrative Support
Review Existing Laws/Codes
Informal & Formal Public Forums?
Tribal Council?
State/County Laws and Regs.?
Revising the Solid
Waste Code
• What should be addressed in the code
• Researched and reviewed different
codes/ordinances
• What to include in the code
Next Step…Legal
Review
• Sent to Tribal Attorney for Legal Review
• Received comments from Legal Attorney
• Tribal EPA met with Tribal Attorney to
review legal comments
What to include in Code:
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Solid Waste
“Special Wastes”
Response Program
Review or Appeal Process?
Penalty Policies (Alternatives?)
Other? Hazardous Waste
Tribal Solid Waste Codes
Include:
• Storage, collection, transportation, transfer
and disposal of solid wastes
• Hazardous Waste (US EPA Stds.)
• Permitting Requirements
• 1% Construction/Demolition Contractor
Fee and permit requirement
• Response Program for releases and
brownfields
Contents of Code
• Environmental Department Roles &
Responsibilities (enforcement &
permitting)
• Public Utilities Roles & Responsibilities
(solid waste management, fees, collection,
transport, and disposal)
Issues?
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Waste management practices
Funding for solid waste management
Roles and responsibilities
Enforcement and oversight
Collection fees
Special Wastes
• Hazardous Wastes
• Septic Tank
Disposal
• Construction &
Demo Debris
• Junk Vehicles
• White Goods
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Asbestos
Medical Wastes
Tires
Carcasses
Agricultural Wastes
Open Burning
Permitting
• Environmental Department will be
responsible for permitting.
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Transporting Solid Wastes
Solid Waste facility permits
Has the authority to issue or deny permit
Appeal process if a permit is denied
Fees
• Solid Waste Facility & Transportation Permit
Fees-Environmental Department
• Individual Collection Fees & roll-off Transfer
Station fees - SWMT determines & approves
fees.
• Non-commercial Disposal permit fees
Common Problems
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“Tarp Law” violations
Waste around residences/housing
Waste on fee land
Abandoned & burned mobile homes
Waste Mgt. at SW Xfer station
Tires
Disposal of waste on Tribal land from offreservation sources
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Summary
• Positive Outcomes during code
development
– Everyone familiar with the code
– Know each others roles & responsibilities
– Issues ironed out
• Obstacles during code development
– Some programs could not attend meetings
– Tedious process
Coordination with other
agencies
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Tribal & BIA Police
Tribal Programs
US EPA
State?
County?
Other Feds?
QUESTIONS
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Ray Reed
Turtle Mountain Tribal EPA
Brownfields Coordinator
Belcourt, N.D
(701) 477-2626
Email
[email protected]