4-13-1 Authority and Scope

Pursuant to the authority of the Colville Tribal Business council, regarding the matter of solid waste storage, collection and disposal, and in the interest of enhancing the health, safety, and well being of residents of the Colville Reservation, and to minimize the detrimental effects of solid waste operations upon the environment, the following Chapter governing Solid Waste is adopted.

4-13-2 Definitions

For the purpose of this Chapter, the following words and phrases shall have meanings as set forth in this section.

(a) AGRICULTURAL WASTE: Waste generated from field and row crops, orchards, dairies, feedlots, farms, ranches, etc., including but not limited to crop residue, animal manure, orchard prunings.

(b) APPROVED CONTAINER: A type that is durable, leakproof, corrosion resistant, rodent and insect resistant, easily cleanable, covered, in good condition, and limited to the following:

1. Individual containers must be not more than 32 gallon capacity with tight fitting lids.

2. Business and drop box containers must be compatible with the collection vehicle.

(c) APPROVED SITE: A disposal site or facility which has met all the requirements of these regulations and is approved by the Responsible Authority as the place for final depositing of solid waste.

(d) BULKY WASTE: Large items of refuse, such as car bodies, appliances, furniture, trees and stumps and/or other oversized wastes.

(e) COLLECTION: The gathering or loading of solid waste and the movement of such waste to the place of utilization or disposal.

(f) FRANCHISED SERVICE: Any fee-paid solid waste collection service existing prior to the adoption of this Chapter within the boundaries of the Colville Reservation.

(g) GARBAGE: Putrescible material including, but not limited to, animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food; swill; and/or carcasses or parts of dead animals.

(h) HAZARDOUS WASTES: Include, but are not limited to explosives, medical wastes, radioactive wastes, pesticides and/or other chemicals which are harmful to the public's health or the environment.

(i) LITTER: Solid waste that is scattered in a careless manner.

(j) NUISANCE: Any act or condition created by a person(s) which results in an inconvenience to or effects the health of the public.

(k) OPEN BURNING: The burning of solid waste in an open area, or pile; or in a barrel or furnace with inadequate controls which yields an unsatisfactory residue and/or an unsatisfactory air effluent.

(l) PERSON: Any individual, firm association, co-partnership, political sub-division, government agency, municipality, industry, public or private corporation, or any other entity whatsoever.

(m) PLAN OF OPERATIONS: A document prepared and approved by the Responsible Authority which defines the objectives, procedures, responsibilities and management of the Solid Waste Management Project.

(n) PREMISE: A tract or parcel of land with or without habitable buildings.

(o) PUTRESCIBLE: Organic matter that is capable of being decomposed by micro-organisms resulting in the formation of foul smelling products.

(p) REFUSE: See solid waste.

(q) RESPONSIBLE AUTHORITY: The legally designated authority of the Indian Tribe who shall be authorized and directed to implement and enforce the provisions of this Chapter, or his authorized representative.

(r) RUBBISH: Nonputrescible solid wastes, including ashes, consisting of both combustible and noncombustible wastes, such as paper, cardboard, tin cans, yard clippings, wood, glass, bedding, crockery, or litter of any kind.

(s) SANITARY LANDFILL: An engineered land disposal facility at which solid waste is spread in thin layers, compacted to the smallest practical volume, and covered with soil at the end of each operating day, in a manner which minimizes environmental hazards.

(t) SCAVENGING: The uncontrolled removal of solid waste materials from containers, vehicles, or an approved disposal site.

(u) SOLID WASTE: All putrescible and nonputrescible solid and semi-solid wastes (except body wastes) and including garbage, rubbish, ashes, incinerator residue, abandoned automobile parts thereof, street cleanings, solid market and industrial wastes, demolition and construction wastes and discarded commodities.

(v) STORAGE: The confining, containing or stockpiling of solid waste for a limited period of time prior to collection, transportation, utilization, processing or final disposal.

(w) VEHICLE: A commercial compactor or other conveyance that is easily cleanable and capable of transporting solid waste without spillage and/or littering.

4-13-3 Storage

(a) All persons shall be responsible for the safe and sanitary storage of all solid waste accumulated at that premise until it is removed.

(b) Solid Waste shall be stored according to the following provisions:

1. Bulky waste and/or rubbish shall be stored in an approved container or in a manner that will confine the waste in one area, and not create a public nuisance.

2. Garbage shall be stored in approved containers.

3. Hazardous wastes shall be labeled as such and stored inaccessible to the public.

4. Waste from medical and dental clinics, including infectious wastes shall be stored in containers with disposable plastic liners with special identification and stored inaccessible to the public.

5. Agricultural waste shall be so stored as to minimize nuisance, fly, rodent, odor, and water pollution problems.

(c) Approved containers shall be maintained in a manner acceptable to the Responsible Authority.

(d) Drop-box containers shall be periodically disinfected, and shall be steam cleaned and painted each year by the Responsible Authority.

(e) Approved individual containers shall be stored off the ground on racks or stands.

(f) Junk automobiles and other bulky waste shall not be allowed to accumulate on any premise.

4-13-4 Collection

(a) The Responsible Authority shall arrange for the collection of solid waste on at least a weekly basis.

(b) All Colville Tribal members living within the boundary of the Reservation, not participating in a franchised services, shall be required to subscribe to the refuse collection service. All other non-Tribal members shall be offered the opportunity to subscribe.

(c) Only approved vehicles shall be used for the collection of solid waste.

(d) Solid Waste shall be collected in a manner that prevents spillage and/or littering. Should this occur, the waste should be immediately picked up and returned to the vehicle.

(e) Vehicles used for the collection of solid waste shall be cleaned weekly.

(f) Vicious animals shall be controlled to provide for the safety of the collector and prevent interference with collection service.

(g) No hazardous or agriculture waste will be collected by the Responsible Authority.

4-13-5 Disposal

(a) Only the Responsible Authority shall be authorized to operate an approved disposal site on the Reservation.

(b) Sanitary landfills shall be the only disposal sites within the boundaries of the Reservation.

(c) There shall be no open burning of solid waste on the Reservation.

(d) No hazardous waste shall be deposited at any disposal site. Contact the Responsible Authority to arrange for proper disposal.

(e) Agricultural waste may be disposed of at an approved site by prior arrangement with the Responsible Authority.

(f) The disposal of septic tank pumping shall only be made at the Nespelem lagoons, unless otherwise approved by the Responsible authority.

(g) All Tribal members living within the boundaries of the Reservation, but not on an established collection route, shall dispose of solid waste at an approved site, or at approved drop box locations.

(h) Scavenging is prohibited on the Reservation.

4-13-6 Administrative Procedures

(a) The Plan of Operations shall serve as a guideline in the interpretation of this Chapter as it relates to the operation of the Solid Waste Management Project.

(b) Fees for the collection service shall be established by the Responsible Authority.

(c) Fees shall be collected by the Responsible Authority.

4-13-7 Enforcement and Penalties

(a) It shall be the duty of the Responsible Authority to enforce the provisions of this Chapter equally on all persons living within the boundaries of the Reservation through the Tribal Fish and Wildlife Department, Tribal Police, and the Tribal Court System.

(b) Non-payment of collection fees shall result in a lien on per-capita payments or the withholding of other Tribal Services.

(c) Persons found to be responsible for illegal dumping or littering shall be required to remove all solid waste disposed of illegally; to restore the site to a condition acceptable to the Responsible Authority; and to dispose of the solid waste at an approved disposal site, or drop box location.

4-13-8 Rights and Liabilities

(a) Any person may request a hearing before the Responsible Authority to determine his rights, duties, and liabilities under this Chapter.

4-13-9 Repeal and Partial Invalidity

(a) If any ordinance, code, works, or rules and regulations of the Colville Tribe of Indians are in conflict with this Chapter, they are hereby repealed.

(b) If any section of this Chapter or part thereof shall be declared invalid, such decisions shall not affect the remaining portions.

4-13-10 Effective Date

(a) This Chapter shall become effective on the date of adoption by the Colville Tribal Business Council.