Environmental Program

Brownsfield Response

 

We Abuse land because we regard it as commodity belonging to us when we see land as a community to which we belong we begin to use it with love and respect.

To Tribal Members and all other person(s) and all lands within the reservation on the Tribal Lands and Tribal Indian Service Area outside of the Reservation Boundaries.

Subject: Illegal Dumpin and Littering

This memo is to inform all Tribal members and all other person(s) on all land within the Turtle Mountain Chippewa Reservation and Tribal Service areas outside of the Reservation boundaries transporting any solid waste, or garbage of the Tribal Solid & Hazardous Waste Management Codes, Rules and Regulations. If you are hauling or towing trailers with trash an/or debris to the landfull please us a TARP to prevent littering or spillage.  Your cooperation will help keep the Turtle Mountain Band of Chippewa Indians Reservation Clean  and safe from any environmental hazards.

Private Collection Vehicles Chapter 40.11, Section 40.1105

Private vehicles used for collection and transportation of refuse (garbage) shall be loaded and moved in such a manner that the contects, including ashes, will not fall, leak or spill from the vehicle. Open top vehicles or vehicles with attached or towed open top containers, (trailers) shall be covered with a tarp or other covering while in transit on public road to ensure load security and prevent the release of any debris or liquids. Any release, littering or spillages from such vehicles are the responsibility of the vehicle owner or operator. Litter or spillage must be cleaned up with 24 hour of such release or spillage.

Illegal Dumping and Littering Chapter 40.07, Section 40.0710

Person(s) found to be responsible for illegal dumping or littering on the Reservation, on or near any public grounds, or in or around any public waters of the Reservation, shall be required to remove all solid waste disposed of illegally including any release or leakage. It is also responsibilty of such a person(s) to restore the site to a condition acceptable to the Compliance Officer: and to dispose of the solid waste at and approved disposal site or drop box location.

Maintaing a Public Nuisance Chapter 40.07, Section 40.0711

Any person(s) who shall act in such a manner as to permit his/her property or residence or other private property to become dangerous or hazardous, or impair the safety, health or comfort of the public by the discarding of solid waste, refuse or rubbish, will be required to remove such a wastes and any resulting releases or leakage.

Enforcement Agent Chapter 40.16, Section 40.1601

The Turtle Mountain EPA Compliance and Enforcement officer is hereby designated as the enforcemnet agent entrusted witht he duty and responsibility of ensuring the proper handling, treatment and disposal of solid, special and hazardous wastes on the Reservation, investigation the release, or threat of release, of a hazardoun substance, pollutant or contaminant, petroleum product, controlled substance or mining materials and of ensuring compliance by all person(s) and government agencies with this Act. Decisions of the Compliance Officer may be appealed to the Hearing Officer under the procedures set forth int he Tribal Administrative Procedures Act. Final decision may be appealed to the Tribal Count of the Turtle Mountain Band of Chippewa, which has jurisdiction over all offenses and violations of this act.

Authority Chapter 40.16, Section 40.1601

The Authority Act is adopted pursuant to authority vested in the Tribal Cuncil under Constitution  and By-Laws of the Turtle Mountain Band of Chippewa Indians, Article IX (c) to manage land or assets under tribal jurisdiction and Article (a) to regulate and license activites on the reservation. The tribe shall have full authority over enforcement of this Act and may delegate authority to Tribal Solid Waste Management Program- (SWMP) to implement provisions of this Act and to the Tribal Environmental Protection Agency Compliance Officer to enforce provisions of this Act. No part of this Act constitutes a waiver of the sovereign immunity of the Tribe.

Jurisdiction Chapter 40.01, Section 40.0107

The Tribal Court of the Turtle Mountain Band of Chippewa Indian has civil jurisdiction under this Act over conduct of Tribal member and all other person(s) on all lands and Tribal Indian Service Area outside of the reservation boundaries to maintain the environment, natural resources, public health, safety, welfare, poltical integrity and economic well beaing of the Tribe. This shall include:

  • Any person or company that has entered into a consensual agreement with the tribe or its members
  • Any non-member where the conduct of the non-member threatens or has some direct effect on the politial integrity, economic security, health or welfare of the tribe.

Fines and Penalties Chapter 40.17, Section 40.1701

Any person(s) who violates any provision of this act may be subject to fines and penalties imposed by the compliance officer, the water utility board or civil and crimianl fines and penalties impsed by the Tribal Court in addition to remedies specifially provided for any violation.

Tribal Penalties Chapter 40.17, Section 40.1702

Any person(s) who violates any standard adopted by the Tribae and compliance officer for the handling, treatment or disposal of solid, special and hazardous waste shall be liable for the following. A civil penalty ranging from twenty dollars ($20.00) and not exceed fifteen thousand dollars ($15,000.00) each day for each violation to be assessed by the Compliance Officer. Alternatively, any person(s) found guilty of violating any of the provisions under this Act may be required to provide not less then eight (8) hours, but not more then two hundres (200) hours of community service assisting the Solid Waste Program, Compliance Officer, or performing other kinds of community service designated by the SWNT (Solid Waste Management Team).