Developing and Implementing Solid Waste Codes ITEP - TSWEAP Wyndham San Diego Bayside, San Diego, CA February 24-26, 2015 Gussie A. Lord Jill Grant & Associates, LLC 1319 F Street, NW, Suite 300 Washington, DC Ph

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Sources of Tribal Enforcement Authority Federal Indian Law Principles Inherent Sovereign Authority Right to Exclude Treaties Tribal Constitution Tribal Authorizing Statutes/Ordinances and Regulations

Inherent Sovereign Authority A tribe has inherent authority “to protect tribal self- government or to control internal relations,” Montana, 450 U.S. at 564 Full authority over Indians Limited civil authority over non-Indians, per the two Montana exceptions No criminal jurisdiction over non-Indians Right to Exclude 5

Tribal Constitution PUEBLO OF LAGUNA CONSTITUTION Article I. – Jurisdiction Sec. 2. All members of the Pueblo... And all other persons permitted to reside on the... Pueblo, and all persons who enter upon the lands of the Pueblo, shall be governed by this Constitution, ordinances, customs, traditions and applicable laws. Article IV. – The Pueblo Council and Its Powers Sec. 2(e) To establish and enforce ordinances governing the conduct... of residents of the Pueblo. (k) To promote and protect the pubic health and welfare of the members and other residents of the Pueblo. 6

Tribal Constitution – Right to Exclude PUEBLO OF LAGUNA CONSTITUTION Article I. – Jurisdiction Sec. 3. Any non-member who violates the Pueblo Constitution, ordinances, customs, traditions, and applicable laws protecting the lands or people of the Pueblo may be excluded from Pueblo lands in accordance with ordinances of the Pueblo, which shall provide for due process. 7

Tribal Environmental Laws Navajo Nation Solid Waste Act Sec. 152.General Enforcement Authority A. In General. Whenever, on the basis of any information available to the Director, the Director finds that any person has violated, or is in violation of, any requirement or prohibition of this Chapter, the regulations promulgated under this Chapter, or permits, orders, plans, variances, or fees issued or approved pursuant to this Chapter, the Director may: 1. Issue and serve on such person an order requiring the person to comply with each requirement or prohibition, pursuant to the provisions of this Section; 2. Issue and serve on such person an administrative penalty order in accordance with Sec. 154 of this Chapter; 3. Bring a civil action in accordance with Sec. 153(A) of this Chapter; and/or 4. Bring a criminal action in accordance with Sec. 153(B) of this Chapter. 8

Other Enforcement Actions Seizure/Forfeiture of Property Exclusion from Reservation Prohibit Continued Operation of Facility 9

Types of Administrative Orders Injunctive Relief Penalty Can be combined with injunctive relief Can be monetary or, e.g., for community service Emergency 10

Enforcement Process Pre-Enforcement Stage Discovering Violation Identifying Violator Issuing Notice of Violation Enforcement Field Citation (expedited compliance order) Compliance Order Lawsuit 11

Discovering Violations Entry/Access to property to inspect Scheduled inspections/drive-arounds Requesting notice from other tribal agencies/officers Safety issues 12

Fair, Consistent Enforcement No exemptions, e.g. for tribal businesses Hearings Separate from Environmental Office or Council Opportunity for Judicial Review Standardized Process 13

Preventive Measures Public Education General public (community meetings, events) Other Tribal departments and personnel Options for Disposal Trash pick-up Transfer stations Recycling Composting 14