Jurisdiction
Pit River Tribe:
www.narf.org/nill/codes/pitrivertitle15solwaste.htm
ARTICLE II. AUTHORITY AND SCOPE
SECTION 201. AUTHORITY
(A) The Pit River Tribe is a federally recognized Indian tribe composed of eleven autonomous bands,
governed by the Pit River Tribal Council. As such, the Pit River Tribe is a sovereign nation with
jurisdiction over the natural resources located within the exterior boundaries of the tribe's territory. The
disposal of solid wastes within the Tribal boundaries is an issue affecting the health, welfare and safety
of residents and members.
(B) It is the sacred duty and obligation of the Tribal Council to safeguard, protect, manage, administer
and develop the natural resources of the ancestral lands of the Pit River Tribe for the sole economic,
cultural, and social benefit of the people of the Pit River Tribe. This Tribal Solid Waste Disposal
Ordinance is hereby adopted by the Pit River Tribe pursuant to the inherent sovereign power and
authority in the Pit River Tribe as reaffirmed by the Indian Reorganization Act of 1934 and the Tribal
Constitution enacted pursuant thereto which was duly ratified by the Secretary of the Interior as
principal agent for the trustee United States on December 3, 1987.
SECTION 202. SCOPE
(A) The provisions of this Ordinance shall apply to all existing and proposed solid waste disposal
activities and to all activities which have the potential to affect cultural, ceremonial, religious, fishery,
seasonal residential, public health, safety, welfare, land, air or water quality and other fundamental
interests of the Tribe, including such activities conducted by non-members of the Tribe or on privately
owned lands. Activities to be regulated hereunder include but are not limited to:
(1) Landfills and open dumps;
(2) Storage of animal waste;
(3) Automobile graveyards and junkyards;
(4) Landfilling of sludge or septic system waste;
(5) Individual, residential, industrial, commercial or agricultural sewage treatment facilities; and
(6) All other activities that involve the storage, collection, transportation or disposal of solid and/or
hazardous waste within the exterior boundaries of the Tribe.
(B) It is not the intent of this Tribal Council Ordinance to impose unnecessary restrictions on the cultural
and customary practices of the people of the Pit River Tribe. The Pit River Tribal people have always
retained certain sacred tribal customs and traditional beliefs which are recognized by this Council and
with all due respect hold the same exempt from this ordinance.
_____________________________________________________________________________________
Tohono O’Odam Nation: www.tonepa.org/uploads/Title_15_Ch1_solid_waste_code.pdf
Section 104. Applicability of this Code. This Code shall apply to all lands of the Nation, and to all
persons who generate, dispose of, handle, store or transport solid waste or hazardous waste or who by
contract or agreement cause solid or hazardous waste to be generated, disposed of, handled, stored or
transported on lands of the Nation, except for those persons who generate, dispose of, handle, store or
transport hazardous waste under lawful permit from the United States Environmental Protection
Agency (“USEPA”) issued under authority of Subtitle C of the Resource Conservation and Recovery Act,
42 U.S.C. section 6921-6939e or the regulations issued thereunder.
____________________________________________________________________________________
Yurok Tribe:
www.yuroktribe.org/departmentsytep/solidwaste.htm
YUROK TRIBAL ORDINANCE
PROHIBITING ILLEGAL DUMPING ON THE YUROK RESERVATION
Ordinance No. YTC - 1- 08
SECTION 1. AUTHORITY
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.
___________________________________________________________________
Black Feet Indian Reservation:
www.narf.org/nill/codes/blackfeetcode/blftcodetoc.htm
Solid Waste Management System Code: Black Feet Indian Reservation
Jurisdiction in this code is seemingly covered in separate parts of the Tribal Resolution authorizing the
code.
Prohibited Acts
Pit River:
www.narf.org/nill/codes/pitrivertitle15solwaste.htm
PART 3. CONTROL OF ILLEGAL DUMPING
ARTICLE VIII. RUBBISH DUMPS
SECTION 801. GENERAL POLICY
(A) Existing, unregulated rubbish dumps may no longer be utilized (pursuant to requirements of the
Federal Solid Waste Disposal Act (SWDA) as amended by the Resources Conservation and Recovery Act
(RCRA) and applicable federal regulations). By adoption of this ordinance, the Pit River Tribe has
determined to cease to allow the disposal of solid waste in existing rubbish dumps on all Indian lands
within the exterior boundaries of the Pit River Tribe, and to arrange for the provision of an alternative
solid waste management service applicable to all residents of the Tribe.
(B) This section shall be applicable to existing, unregulated rubbish dumps located within the exterior
boundaries of the Tribes territory, irrespective of whether such dumps are located on tribal land,
assignment land, allotments, fee parcels, or any other type of land holding.
ARTICLE IX. UNLAWFUL PRACTICES
SECTION 901. COMPLIANCE
(A) Any person violating any provision of this Code or its regulations shall be subject to any or all of the
sanctions in Part 2 of this Ordinance.
(B) Vehicles and equipment used to commit acts which violates any provision of this Ordinance are
subject to confiscation, impoundment, and forfeiture pending appearance to answer a complaint or
citation, and may be used to satisfy fines or penalties which may be assessed by a court of competent
jurisdiction.
SECTION 902. DUMPING OF SOLID WASTES ANYWHERE OTHER THAN AT AUTHORIZED SITES
No person shall dump, place, abandon, or deposit any solid wastes on land except at disposal sites
authorized by the Tribal Solid Waste Department or Environmental Office.
SECTION 903. DUMPING OF SOLID WASTES INTO RESERVATION WATERS
No person shall dump, place, abandon or deposit any solid wastes into Reservation waters except in a
manner approved by the Tribal Solid Waste Department or Environmental Office.
SECTION 904. LITTER
(A) No person shall dump, deposit or dispose of solid waste any place on Indian lands other than at an
approved site.
(B) No person may discard litter on Reservation lands.
SECTION 905. TRESPASS
(A) Any person entering Indian lands for the purpose of dumping or disposing of solid waste, or who
dumps or disposes of solid waste on Indian lands in violation of this ordinance shall be guilty of trespass.
(B) The Council may sue for damages for trespass and any other applicable common law or statutory
cause of action in any court of competent jurisdiction. In the case of a trespass conviction, the Pit River
Tribal Council may initiate a hearing upon such violations and may impose a penalty of $25 to $25,000
depending on the severity of the infraction for each violation as well as costs to clean up, abate, remove
and mitigate the environmental impacts of the solid waste and to restore the Tribal Trust Land to the
condition in which it existed immediately prior to the violation.
SECTION 906. ACCUMULATION OF GARBAGE AND REFUSE
(A) It shall be unlawful for any person, firm, corporation, or government entity to place, deposit, leave,
dump, dispose of, or permit the accumulation of any solid waste, including garbage, rubbish or trash, in
any building or upon any premises or on property within the boundaries of the Tribe, except in garbage
cans or other containers for purposes of collection by an authorized collection agent or at an approved
disposal site.
(B) No operator, owner, agent, or employee of any business, industry or facility within the exterior
boundaries of the Tribe shall dispose, or cause to be disposed, any solid waste in the waste receptacles
of any other business, industry facility or residential premises.
SECTION 907. BULKY ITEMS
It shall be unlawful for any person to place, leave, dump, or permit the accumulation of unused, large
bulky items, such as white goods (refrigerators, stoves, etc.) or inoperable cars or trucks or parts thereof
in any open and visible location on Indian lands.
SECTION 908. LANDFILLS AND COLLECTION SYSTEMS
No person may operate a landfill or solid waste disposal site or operate a solid waste collection system
unless he has obtained a permit for such operation.
SECTION 909. HAZARDOUS MATERIALS
(A) No person shall generate, store, transfer, transport treat, discharge, release or dispose of a
hazardous waste through the conduct of any business on Indian lands, except as permitted under the
Resource Conservation and Recovery Act (RCRA) and/or this Ordinance.
(B) It is unlawful to collect and transport solid waste unless the person is responsible for that waste
pursuant to the provision of Section 205 or the person is a permitted contractor as defined in Section
204.
SECTION 910. OPEN DUMPING AND BURNING
No person shall dispose, release discharge, or conduct open dumping or open burning of any solid
wastes on Indian lands, except as permitted under the Resource Conservation and Recovery Act (RCRA)
and/or this Ordinance.
SECTION 911. OBSTRUCTION OF PERSONS IN THE PERFORMANCE OF THEIR DUTIES
The willful obstruction of or interference with any person in the performance of their duties under this
Code shall be unlawful.
SECTION 912. MISSTATEMENT OF MATERIAL FACTS
The known misstatement of any material fact by any person or entity when providing information
required by this Code shall be unlawful.
SECTION 913. UNAUTHORIZED USE OF TRIBAL MEMBER STATUS
Unauthorized use of Tribal member status to benefit non-Tribal members, or collusion by Tribal
members to violate or assist in violation of any provision of this Ordinance shall subject the Tribal
member to maximum penalties provided by this Ordinance.
Yurok Tribe:
www.yuroktribe.org/departmentsytep/solidwaste.htm
YUROK TRIBAL ORDINANCE
PROHIBITING ILLEGAL DUMPING ON THE YUROK RESERVATION
SECTION 5. APPLICATION
All persons over the age of 18 years (eighteen) shall be treated as adults in the prosecution of a violation
of the Ordinance. The parents or guardians of minors under the age of 18 years shall be held
accountable for any illegal dumping committed by any minors for whom they are legally responsible.
SECTION 6. ENFORCEMENT
(a) Prosecution: Any person(s) who violate this ordinance (or their legal guardians, in
the case of a minor, per Section 5 above) may be subject to prosecution before the Yurok Tribal Court.
(b) Citations: Law enforcement officers may issue citations to any person(s) suspected of having violated
this Ordinance. The retrieval of two (2) pieces of addressed mail or other name-labeled property from
illegally dumped trash shall constitute sufficient prima facie evidence for the issuance of a citation. The
retrieval of one piece of named evidence shall be grounds for the issuance of a warning citation. In
instances where dumping has been witnessed and reported, even without the retrieval of prima facie
evidence, a law enforcement officer is authorized to issue a citation to the violator. When this
ordinance is applied to unlawful accumulation of wastes upon an individual’s privately owned property
or individually held assignment, no prima facie evidence is required for assignment of culpability.
(c) Warnings: In the case where an officer finds it appropriate to issue a warning to a violator or
suspected violator, the officer may require a receipt from an appropriate transfer station or dump for
the proper disposal of the refuse within a specified time period. If the officer does not receive such
receipt, the officer may issue a citation and proceed with the provisions in Section 7.
Citations shall include the following information:
(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);
(3) the date(s) and time(s) of the suspected offense(s) (if witnessed), or
(4) the date discovered by the law enforcement officer (with prima facie evidence as detailed above);
(5) the date, time, and location where the cited person is to appear before the
Tribal Court; (In the case of a warning citation, the address where the suspected violator may respond to
the officer who wrote the citation); and
(6) the name and legible signature of the officer issuing the citation.
Enforcement
Black Feet Indian Reservation:
www.narf.org/nill/codes/blackfeetcode/blftcodetoc.htm
Solid Waste Management System Code: Black Feet Indian Reservation
Reviewed the code for enforcement language and it was limited to 3 paragraphs on penalties
amounting to fines, jail, or remedial action.
______________________________________________________________________________
Pit River Tribe: www.narf.org/nill/codes/pitrivertitle15solwaste.htm
ARTICLE VII . ENFORCEMENT; PENALTIES; SANCTIONS
SECTION 701. AUTHORITY AND ENFORCEMENT
The Environmental Office is hereby authorized by the Tribal Council to collect established fees for
service and to impose sanctions and penalties for non-payment. The Environmental Office shall enforce
its regulations, fee collections and provisions of this ordinance by shutting off the utilities, including
water service, of any and all violators and delinquent bill-payers or imposing other penalties and
sanctions as authorized.
SECTION 702. PENALTY SCHEDULE
The Environmental Office shall develop and adopt a penalty schedule which outlines specific penalties,
fines and assessments for violation and non-compliance with the provisions of this ordinance. The
penalty schedule shall be reviewed for appropriateness annually by the Environmental Office.
SECTION 703. SANCTIONS AUTHORIZED
The following sanctions may be imposed by the Environmental Office for failure of the customer to
comply with any provisions of this ordinance or with any duly adopted regulation of the Environmental
Office:
(A) Termination of service(s);
(B) Assessment of penalties based on a penalty schedule adopted by regulation of the Environmental
Office;
(C) Assessment of late charges based on a schedule adopted by regulation of the Environmental Office;
(D) Assessment of damages resulting from the customer's non-compliance;
(E) Forfeiture of all or part of a deposit and any accumulated interest;
(F) Filing of a lien against the customer's property after the account is declared delinquent;
(G) Enforcing a lien by seeking judgment, and satisfaction from the customer's property from a court of
competent jurisdiction;
(H) Filing suit for damages in a court of competent jurisdiction; and
(I) Referring violations that may involve criminal conduct to the police or prosecutor.
SECTION 704. SANCTIONS GUIDELINES
The Environmental Office shall use the following guidelines when considering the appropriate sanctions
to be imposed in any given case:
(A) Whether the sanction is required by this ordinance or other applicable law, or whether imposition is
discretionary;
(B) The minimum sanction needed to effect compliance;
(C) The irreparable harm to the customer and/or family if the sanction is imposed;
(D) The irreparable harm to operation of the Solid Waste Department, and to the Tribe, if the sanction is
not imposed;
(E) The customer's past record of compliance or non-compliance, or good faith efforts to achieve
compliance;
(F) The customer's statements or behavior indicating the likely success of a given sanction securing
compliance;
(G) The irreparable harm to other persons or property if the sanction is not imposed; and
(H) The effectiveness of similar sanctions in securing compliance in other cases.
SECTION 705. ATTACHMENT OF CUSTOMERS PROPERTY
The Solid Waste Department or Environmental Office shall not seek to attach customer's property, nor
seek to have fines assessed by Tribal Court, except in limited cases of blatant or continued abuses or
destruction of property.
PART 3. SOLID WASTE DISPOSAL
ARTICLE X. ENFORCEMENT
SECTION 1001. ENFORCEMENT POLICY
(A) It is the policy of the Pit River Tribe to encourage informal, practical, result-oriented resolution of
alleged violations and actions needed to prevent damage to Indian lands, resources or harm to the
health, safety or welfare of the Tribal population.
(B) It is also the policy of the Tribe, consistent with the principles of due process, to provide effective
procedures for enforcement.
SECTION 1002. ENFORCEMENT AGENCIES
(A) The Pit River tribe's Solid Waste Department or Enforcement Agency shall be responsible for
enforcing the provisions of this Ordinance. Specifically, the Solid Waste Department shall conduct
investigations when a complaint is received by the Tribe or Enforcement Agency or when another Tribal
agency believes that a violation of this Ordinance has occurred.
(B) Other Enforcement Agencies. In addition to the Solid Waste Department, the following law
enforcement officers are authorized to enforce this Ordinance by issuance of citations for violations of
this Ordinance:
(1) Tribal Rangers
(2) Tribal Reserve Officers
(3) Tribal Police Officers
(4) Indian Health Services under 25 U.S.C. Sections 3901-3908.
(5) State Police Officers (?)
(C) Duly authorized law enforcement officers are empowered and directed to enter in or upon any
premises within the exterior boundaries of the Tribe which is suspected of containing or having present
therein or thereon disposal of solid or hazardous waste in violation, or suspected to be in violation, of
this Ordinance.
(D) Law enforcement officers shall issue citations based on sufficient evidence that a person has caused
or facilitated a disposal on Indian lands in violation of this Ordinance, whether or not the officer
witnessed the act of disposal. Law enforcement officers may issue citations based on evidence obtained
pursuant to Section 205(D).
SECTION 1003. ENFORCEMENT BY THE UNITED STATES
The Secretary of the Interior, or his authorized delegate, including the Superintendent, Redding Agency,
along with offices of the Bureau of Land Management or agents or employees of these officials are
hereby requested and authorized to enforce the provisions of this Ordinance and take any enforcement
action authorized by this Ordinance or federal laws or regulations which do not interfere with action
being taken by the Tribe.