Northern and Southwestern Lights
Solid Waste Code
§ 10. Operational Requirements for Solid Waste Transfer Stations
10.1. All Transfer Stations shall be designed and operated in a manner so as to prevent the creation of a
nuisance or potential health hazard and must comply with the applicable requirements of these
standards and those of the U.S. Environmental Agency.
10.2. Construction of a Transfer Station shall not be initiated prior to the approval of plans by the
Council.
10.3. The approach road to the disposal site shall be of all-weather construction and maintained in good
condition.
10.4. Plans and drawings for each proposed Transfer Station, including a plot plan of all facilities,
together with a detailed description of proposed operational procedures, shall be submitted to the
Executive Council for review and evaluation.
10.5. The operation for each proposed Transfer Station shall be considered for approval on its merits,
shall be in compliance with the following criteria, and in accordance with acceptable engineering
practices.
(A) The Transfer Station plant shall be so situated, equipped, operated, and maintained as to minimize
interference with other activities in the area.
(B) Signs shall be posted at the site entrance specifying location of the active dumping area and
indicating the normal hours the facility is in operation for public use. Access to the facility shall be
limited to those times when authorized personnel are on duty.
(C) All solid waste to be disposed of at the site shall be confined to the active dumping area. Adequate
storage facilities shall be provided.
(D) Facilities shall be designed to provide for dust control in the unloading and charging areas.
(E) Effective vector control measures shall be applied to control flies, rodents, and other insects or
vermin.
(F) Fire-fighting equipment shall be available in the storage and changing areas and elsewhere as
needed.
(G) Arrangements shall be made with the local fire protection agency to provide firefighting services in
an emergency.
(H) Communications shall be provided for emergency purposes.
(I) Equipment shall be provided in the storage and charging areas and elsewhere as needed or as may be
required in order to maintain the plant in a sanitary condition.
(J) All residue from the Transfer Station plant shall be promptly disposed of at an approved site and in a
manner consistent with the applicable Sections of these standards.
(K) All waste water from the Transfer Station plant shall be disposed of in accordance with the applicable
regulations, standards, or requirements of the Tribe.
(L) Upon completion of construction of the facility, and prior to initial operation, the Executive Council
shall be notified in order that an inspection may be made to the facility to determine conformance with
the approved plan and with the applicable provisions of these standards.
(M) Appropriate facilities shall be provided to confine possible wind-blown material within the area. At
the conclusion of each day of operation, all wind blown material resulting from the operation shall be
collected and returned to the area by the owner or operator.
(N) Animal carcasses, slaughtering waste, hatchery waste and other animal waste shall not be accepted
at the Solid Waste Transfer Station, except as may be permitted by applicable Federal and Tribal
regulations.
(O) No hazardous wastes shall be accepted at the Solid Waste Transfer Station except as may be
permitted by applicable Federal and Tribal regulations.
Yurok Tribe, Cherokee natation Illegal Dumping in Solid Waste
SECTION 1.
This Ordinance prohibiting open dumping on the Yurok Reservation is established by the Yurok Tribal
Council under the authority delegated to it by Article IV, Section 5 of the Constitution of the Yurok Tribe,
as ratified on November 19, 1993. Article IV, Section 5 states in part: "...the Yurok Tribal Council shall
have the authority to enact legislation, rules and regulations not inconsistent with the Constitution to
further the objectives of the Yurok Tribe as reflected in the Preamble to this Constitution; [and to] enact
civil and criminal laws. " Yurok Tribal Resolution No. 9547 declared open dumping to be illegal within
the Yurok Reservation in accordance with Federal and State statutes, local ordinances, and tribal law,
and further directed the Yurok Tribal Council to, "have prepared and to execute all necessary
certifications, public notices, and other documents in support of this Council action, and to direct the
preparation of proposed enforcement action and recommendations for the Tribal Court in prosecuting
violations of this Tribal mandate." The Yurok Tribal Court is hereby directed to hear any cases brought
before them for violations of this Ordinance, and to impose penalties in accordance with the schedule
and criteria set forth in Sections 5, 6, and 7 below.
(1) the offense for which the person is being cited (illegal dumping, per this Ordinance);
2 ) the specific location of the illegally-dumped waste materials (with approximate road mileage from
the nearest major intersection given, or the nearest milepost marker, if along Highway 169);
Section 12 -1-1 Illegal dumping on tribal land
Cherokee nation
It shall be unlawful for any person to dump, deposit, throw or in any manner leave
or abandon any liquid or solid waste, including trash, ashes or incinerator residue,
street refuse, dead animals, demolition waste, construction waste, solid or semisolid commercial and industrial waste, hazardous waste, explosives, pathological
waste, chemical waste, herbicides, pesticides, or any scrap materials on property
owned by or held in trust for the Cherokee Nation of Oklahoma without the written
permission of the Cherokee Nation of Oklahoma. Any party in violation of this
statute shall be subject to any provision for fine and/or other punishment as
provided by state or federal law.
Open Burning
Section 23-51. DEFINITIONS.
In this Article, unless the context otherwise requires, the following terms shall have the meanings herein
ascribed to them:
A. Agricultural waste means any matter generated by crop, horticultural, or livestock production
practices, and includes such items as bags, cartons, structural materials, and landscape wastes
that are generated in agricultural activities, but does not include land clearing waste; buildings;
garbage; dead animals; motor vehicles and parts thereof; nor pesticides and containers thereof,
unless the manufacturer has identified open burning as a safe disposal procedure.
B. Garbage means all waste that is capable of decay or decomposition, excepting sewage and body
wastes, and the wrappings and containers resulting from the storage preparation, serving, and
otherwise using of foods in or upon all premises.
C. Landscape waste means any plant matter, except garbage, including trees, tree trimmings, branches,
stumps, brush, weeds, leaves, grass, shrubbery, yard trimmings, and crop residues.
D. Land clearing waste means plant matter which is removed from land, including plant matter removed
from stream banks during projects involved more than one property owner, for the purpose of
rendering the land useful for residential, commercial, or industrial development.
E. Environmental Department means the designated Environmental Department of the Fort McDowell
Yavapai Nation. The person(s) authorized at act on behalf of the Environmental Department is
the Fort McDowell Yavapai Nation's Environmental Department Director or his/her authorized
representative.
F. Open burning means the burning of any materials wherein air contaminants resulting from
combustion are emitted directly into the ambient air without passing through a stack or
chimney.
G. Residential waste means any matter, including landscape wastes, generated on a one-, two- or threefamily residence as a result of residential activities, but not including garbage.
Section 23-52. RELATIONS TO OTHER PROHIBITIONS.
A. Notwithstanding any provisions in this Article of the Tribal Code, no open burning shall be conducted
in an area where a governmental entity having jurisdiction regarding air quality on the
reservation issues an air alert, warning, or emergency.
B. No provisions of this Article of the Tribal Code, permitting open burning, and no permission to open
burn granted by the Environmental Department, shall exempt any person from compliance with
any section of the Tribal Code.
Section 23-53. OPEN BURNING.
A. No person or property owner shall cause or allow open burning within the exterior boundaries of the
Fort McDowell Yavapai Nation except as provided in paragraphs (B) and (C) of this Article. In the
event of extreme fire danger then open burning shall only be allowed as set forth in subsection
C.
B. Open burning shall be allowed for the following purposes without notification to or permission from
the Environmental Department:
1.
Cooking for human consumption;
2.
Branding, heating tar, welding, acetylene torches, highway safety flares, heating for warmth
of outdoor workers, smudge pots and similar occupational needs.
3.
Ceremonial fires.
Fires allowed by paragraphs (B) (1) and (B) (2) of this rule shall not be used
for waste disposal purposes and shall be of minimum size sufficient for their intended
purpose; the fuel shall be chosen to minimize the generation and emission of air
contaminants.
C. Open burning shall be allowed for the following purposes upon receipt of a permit from the
Environmental Department provided that the following conditions specified in the permission
are followed:
1.
Disposal of ignitable or explosive materials where the Environmental Department determines
that there is no practical alternate method of disposal;
2.
Instruction in methods of fire fighting or for research in the control of fires;
3.
In emergency or other extraordinary circumstances for any purposes determined to be
necessary by the Environmental Department.
4.
Recognized horticultural, silvicultural, range, or wildlife management practices.
5.
Disposal of land clearing waste, landscape waste and agricultural waste only if the following
conditions are observed: a.
The fire is set only when atmospheric conditions will readily dissipate contaminants; b.
The fire does not create a visibility hazard on roadways;
c.
The fire is located at a point on the premises not less than one thousand feet from
any inhabited building not located on said premises; and
d.
The wastes are stacked and dried to provide the best practicable condition for
efficient burning; and
e.
No materials are burned that contain rubber, grease, asphalt or liquid petroleum
products.
Section 23-54. PERMITS AND NOTIFICATION TO THE ENVIRONMENTAL DEPARTMENT.
A. The following permit process shall apply:
1.
An application for a permit to open burn shall be submitted in writing at least ten (10) days
before the fire is to be set. The application shall be in such form and contain such
information as required by the Environmental Department.
2.
Such applications shall contain, as a minimum, information regarding: a.
The purpose of the proposed burning; b.
The nature of quantities of material to be burned; c.
The date or dates when such burning will take place;
d.
The location of the burning site, including a map showing distances to residences,
populated areas, roadways, and other pertinent landmarks; and
e.
The methods or actions that will be take to reduce the emissions of air contaminants.
3.
A permit to open burn shall not be granted unless the applicant demonstrates to the
satisfaction of the Environmental Department and Fire Department that open burning is
necessary to the public interest; will be conducted in a time, place, and manner as to
minimize the emission of air contaminants; and will have no serious detrimental effect
upon adjacent properties or the occupants thereof. The Environmental Department and
the Fire Department may impose such conditions as may be necessary to accomplish the
purpose of this Article of the Tribal Code.
4.
A permit to open burn must be obtained for each specific project. In emergencies where
public health or environmental quality will be seriously threatened by delay while a
permit is sought, the fire may be set with oral permission of the Environmental
Department and the Fire Department.
5.
Any open burning shall be constantly attended until the fire is extinguished. Fire extinguishing
equipment shall be available for immediate use. Open burning shall be extinguished at
dark.
Violations of any of the conditions set forth by the Environmental Department in granting a permit to
open burn shall be grounds for revocation of such permit and refusal to grant future permits, as well as
for the imposition of other sanctions provided by law.
TAKING POSSESSION OF ABANDONED VEHICLES FROM
TRIBAL, STATE AND OTHER FEDERALLY RECOGNIZED
PROPERTY (Information derived from DMV.state.pa.us)
PURPOSE:
This Fact Sheet provides information on disposing of vehicles which have been left on Tribal, State and
Other Federally Recognized Property.
DEFINITIONS OF TERMINOLOGY USED:
ABANDONMENT: Abandonment involves an intention or intentionally to abandon together with an act or
omission to act by which such intentions is carried into effect. “Abandoned property/vehicles” is that to
which an owner has relinquished all rights, title, claim and possession, with no intention of reclaiming it or
resuming ownership or possession.
ABANDONED VEHICLE: Section ___ of the __________________ Tribal Solid Waste Code defines an
abandoned vehicle in the following manner:
(1) A vehicle (car, truck, SUV) shall be presumed to be abandoned under any of the following
circumstances, but the presumption is rebuttable by Beyond a Reasonable Doubt:
a ) The vehicle is physically inoperable, non-drivable and is left unattended vehicle has remained
illegally on Tribal, State and other Federally Recognized Property for more than 72 hours.
b ) The vehicle is left unattended on Tribal, State and other Federally Recognized Property for
more than 72 hours and does not bear all the following:
(A) A valid registration plate.
(B) A current certificate of liability
(C) Lack of Documents for Ownership of the Vehicle
(D) Lack of Safety Equipment
c ) The vehicle has remained on Tribal, State and other Federally Recognized Property without
the consent of the ________________________ who has overall Authority and control of the
property for more than 72 hours.
(2) Vehicles and equipment used or to be used in construction or in the operation or maintenance of
highways or public utility facilities, which are left in a manner which does not interfere with the normal
movement of traffic, shall not be considered to be abandoned.
PRIVATE PARKING LOT: A parking lot open to the public or used for parking without charge; or a
parking lot used for parking with charge as designated by the Operating Business and/or consultation with
the Local, County and State Department of Motor Vehicles for Highway Right-of-Ways.
SALVOR / AUTORECYCLER: A person and/or business who engages in the business of acquiring
abandoned vehicles for the purpose of taking apart, recycling, selling, rebuilding, or exchanging the
vehicles or parts thereof.
METHODS OF DISPOSING OF ABANDONED VEHICLES FROM PRIVATE PROPERTY
The following methods do not apply to private parking lots unless such lots are posted to notify the public
of any parking restrictions and the operator/owner of the vehicle violates such posted restriction.
(1) Pursuant to the ____________________ Tribal Solid Code, local business owner/operator may
request from the local police department to declare the vehicle to be abandoned and to require a salvor to
take possession of the vehicle that has been parked for more than 72 hours without any person(s)
reporting the vehicle as they’re the proper owner of the vehicle. (in accordance with the ____ SW Code)
(2) The Business Owner/Operator may personally remove the vehicle from his or her private property to a
place of storage pursuant to ____ SW Code and may bring an action before a District Justice to recover
the costs of removal and storage. The Business Owner/Operator must provide the vehicle owner
reasonable notice of any action initiated before the District Justice. Once judgment is entered on behalf of
the Business Owner/Operator and reasonable notice is provided to the vehicle owner, the vehicle may be
sold at an automobile recycling center with an execution of the judgment from the local, county or state
Judicial System.
(3) The Business Owner/Operator may file suit in Local, County or State Court requesting that an order
be entered that (1) awards ownership of the subject vehicle to the Business Owner/Operator and, (2)
extinguishes the right, title and interest of any other person to said vehicle, unless the person(s) would be
able to provide such documents in a local, county or state court prior to the court order as evidence of
ownership. (NOTE: A sample court order is printed below.)
SAMPLE COURT ORDER
AND NOW, this day of _____ , 20___ , after reasonable notice and an opportunity for hearing
having been provided to all interested parties, the Court hereby awards ownership of one 20
____ , [make], [model], bearing vehicle identification number ___________________________
to [name of applicant], and the right, title and interest of any other person to said vehicle is
hereby extinguished. The Department of Transportation may accept this order as evidence of
ownership in lieu of a certificate of title. The Petitioner shall submit the appropriate forms, taxes
and fees and comply with any other procedures of the Department of Transportation in order to
receive the appropriate certificate of title for said vehicle.
BY ORDER OF THE COURT:
________________________
Chief Judge