TURTLE MT BAND OF CHIPPEWA Ray Reed – Brownfield Coordinator EPA-TRP

Turtle Mountain Band of Chippewa Indians History Band was established by executive order on December 21, Enrolled membership consists of Chippewa or Ojibwa and Metis (mixed). Land Base originally established by Treaty. Diminished three times. 30,000 enrolled members throughout U.S. and 14,500 live on or near reservation, on tribal and trust lands. Reservation size is 6 miles by 12 miles located in Rolette County.

Turtle Mountain Band of Chippewa Indians Present Issues 68% unemployment rate 8% Bachelors Degree or higher Large population on a small land base. Solid waste generation is massive. Meth production. Other.

Turtle Mountain Band of Chippewa Indians Tribal Response Program: Control Solid and Hazardous Waste dumping & mgt. on reservation to limit releases of hazardous substances, pollutants or contaminants; petroleum; and controlled substances. Compliance and Enforcement of Tribal Codes Community Outreach and Involvement Provide alternatives – Recycling and Reuse.

Turtle Mountain Solid Waste Code Solid Waste Code developed & adopted. (32 pages) March 2006 to April 2007-Solid Waste Code revised. (103 pages) May to June day comment period. July 2007 – Solid Waste Code Adopted.

Turtle Mt. Chippewa TITLE 40 TURTLE MOUNTAIN BAND OF CHIPPEWA SOLID AND HAZARDOUS WASTE MANAGEMENT ACT Adopted July 6, 2007

Why are Tribal solid waste codes needed? U.S. EPA Does not regulate solid waste Why is a Tribal compliance & Enforcement program needed? To protect the health, welfare and environment of the Turtle Mountain Tribe Tribal Compliance & Enforcement Of Solid and Hazardous Waste Codes

Adoption Process: Political and Public Support Tribal Council(s) Tribal Court & Judge Tribal Program Directors Exec. Committees Federal Agencies Community (aka voters)

Purpose of a Solid Waste Code? Can serve as a mechanism that will: –Protect human health & environment –Protect natural resources –Prevent open dumping –Address waste management issues –Fill a regulatory gap (EPA cannot directly enforce solid waste rules)

Where to begin? Environmental Director-forms a Solid Waste Management Team Scheduled meetings to: –Discuss solid waste issues –Information exchange/facilitate discussions on solid waste issues –Participation by all working group members-learn about each other’s roles and responsibilities concerning solid waste

Solid Waste Management Team Public Utilities Board PU Director Planning Department Tribal Environmental Health Law Enforcement Courts Tribal Prosecutor Tribal Attorney Natural Resources BIA Environmental Department TERO Housing Dept.

Developing codes and input to code Core Committee Legal Support (Tribal/Courts) Technical Support Tribal Administrative Support Review Existing Laws/Codes Informal & Formal Public Forums? Tribal Council? State/County Laws and Regs.?

Revising the Solid Waste Code What should be addressed in the code Researched and reviewed different codes/ordinances What to include in the code

Next Step…Legal Review Sent to Tribal Attorney for Legal Review Received comments from Legal Attorney Tribal EPA met with Tribal Attorney to review legal comments

What to include in Code: Solid Waste “Special Wastes” Response Program Review or Appeal Process? Penalty Policies (Alternatives?) Other? Hazardous Waste

Tribal Solid Waste Codes Include: Storage, collection, transportation, transfer and disposal of solid wastes Hazardous Waste (US EPA Stds.) Permitting Requirements 1% Construction/Demolition Contractor Fee and permit requirement Response Program for releases and brownfields

Contents of Code Environmental Department Roles & Responsibilities (enforcement & permitting) Public Utilities Roles & Responsibilities (solid waste management, fees, collection, transport, and disposal)

Issues? Waste management practices Funding for solid waste management Roles and responsibilities Enforcement and oversight Collection fees

Special Wastes Hazardous Wastes Septic Tank Disposal Construction & Demo Debris Junk Vehicles White Goods Asbestos Medical Wastes Tires Carcasses Agricultural Wastes Open Burning

Permitting Environmental Department will be responsible for permitting. –Transporting Solid Wastes –Solid Waste facility permits –Has the authority to issue or deny permit –Appeal process if a permit is denied

Fees Solid Waste Facility & Transportation Permit Fees-Environmental Department Individual Collection Fees & roll-off Transfer Station fees - SWMT determines & approves fees. Non-commercial Disposal permit fees

XXX Common Problems “Tarp Law” violations Waste around residences/housing Waste on fee land Abandoned & burned mobile homes Waste Mgt. at SW Xfer station Tires Disposal of waste on Tribal land from off- reservation sources

Summary Positive Outcomes during code development –Everyone familiar with the code –Know each others roles & responsibilities –Issues ironed out Obstacles during code development –Some programs could not attend meetings –Tedious process

Coordination with other agencies Tribal & BIA Police Tribal Programs US EPA State? County? Other Feds?

QUESTIONS ?

Ray Reed Turtle Mountain Tribal EPA Brownfields Coordinator Belcourt, N.D (701)