Shasta, Tammy, Annie, and Eve Tribal Solid Waste Code
Chapter 1 – Solid Waste Management Standards
1. The Tribe shall provide for the operation and maintenance of transfer sites on the
reservation. The Tribe shall have waterproof containers that are structurally sound for the
storage of solid waster at the sites. The Tribe may contract solid waster removal/disposal
out to a private company or individual or direct the Solid Waste Program to arrange for
removal/disposal.
2. Every person on the reservation is responsible for the safe and sanitary storage of solid
waste accumulated at his or her premises until it is removed. Every person shall provide
their own refuse collection container for the storage of solid waste on their premises, and
shall maintain such container in a manner that prevents disease and vector refuge, and is
in accordance with Tribal ordinances. There shall be no private dumps. There shall be no
unreasonable or excessive accumulation of solid waste.
3. In accordance with Tribal law, it shall be a violation to litter or to spill solid waste or
dispose of any sold waste outside of any designated collection areas.
4. Elders are exempt from any disposal or dumping fees. (We included this one from a
brainstorm.)
(This came from Pyramid Lake Band of Paiute, Nevada)
Chapter 2 – Definitions
1. Recyclable Material means lead acid batteries, major appliances, waste oil, yard
waste, aluminum containers, corrugated paper or other container boards, foam
polystyrene packaging, glass containers, magazines, newspaper, office paper, rigid plastic
containers—including those made of PETE, HDPE, PVC, LDPE, PP, PS, and other resins
or multiple resins as defined herein, steel containers, waste tires, and bi-metal containers.
(We would either add to this list, or make broader. i.e. put in “paper”.)
(This came from Red Cliff Band of Lake Superior Chippewa, Wisconsin)
Chapter 3 – Prohibited Acts
Illegal Dumping
Disposal or dumping of solid waste by any person in any location, building, or container
that is not specifically designated by the Office of Environmental Protection (or Tribal
Natural Resources department) for the collection, storage, transfer of solid waste is
expressly prohibited within the boundaries of the reservation and such person may be
subject to a fine or other civil remedies.
(This came from Ft. Peck Potawatomi, Montana)
No Transportation of Solid Waste without Permission
Transportation of solid waste onto the reservation for the purpose of disposal is a
violation of this ordinance. No person may accept solid waste from off-reservation
sources for disposal on the reservation.
(This came from Pyramid Lake Band of Paiute, Nevada)
Chapter 4 -- Enforcement
Civil Penalties
Any person who violates this ordinance shall be subject to a civil fine or community
work service including cleaning of dump grounds and or costs of said clean up as deemed
appropriate by the Tribal Council in an amount not to exceed $5,000 for each day of
violation.
Civil Damages and/or Injunctive Actions
In the event that any person, as a result of his or her actions that constitute a violation,
should proximately cause any physical damage to any other person(s) residing within, or
to any real or personal property situated within the jurisdiction of the Tribe, the Tribe’s or
other person authorized by the Tribe, or the person adversely affected, shall have the right
to seek monetary and or injunctive relief including the imposition of penalties.
Re-written: Where a person or the Tribe is adversely affected, or suffers harm from the
cause or proximate cause of any person’s actions that constitute a violation of this
Chapter, that person or the Tribe shall have the right to seek monetary and/or injunctive
relief, including the imposition of civil penalties, for the harm or damage inflicted.
No Other Remedies Affected
Nothing in this ordinance shall in any way limit an individual’s right to pursue in any
judicial forum of competent jurisdiction a private action for damages resulting from
actions that would be considered violations of this ordinance. (Would this allow one
tribal member to sue another in tribal court? Or would we need more specific language?)
(This came from Blackfeet Resolution 186-2012 code modification, Montana)