CHAPTER 34
GARBAGE AND REFUSE DISPOSAL CODE

An Ordinance for the regulation of garbage and refuse storage, collection, and disposal, for the promotion of health and control of disease.

SECTION I. DEFINITION

For the purpose of the ordinance the following words and phrases shall have the same meanings as set forth in this Section:

A. Garbage - as used shall be defined and described as, putrescible animal and vegetable wastes resulting from the handling preparation, cooking and/or consumption of foods.

B. Refuse - Nonputrescible solid wastes, such as paper, cardboard, tin cans, wood, glass, bedding, crockery, metal and other similar materials.

C. Health Officer - The term Health Officer shall mean the Field Health Director or Sanitarian or his duly authorized representative.

D. Owner - Shall mean the actual owner of the building, either individual, partnership or corporation, the agent of the owner in charge of said building, the person to whom any rental upon said building is paid.

E. Occupant - The term shall mean the individual or partnership who, or the corporation that has the use of or occupies any building, either residential or commercial.

F. Business Building - Any structure, either public or private that is adapted for occupancy for transaction of business for rendering of professional services for amusement, for display, sale or storage of goods, wares, or merchandise, or for the performance of work or labor; or all structures and premises used for business purposes. (Motels, apartment houses, office buildings, stores, restaurants, public buildings).

G. Residence Building - Any structure which is used for housing and living quarters .

H. Tribal Court - Authorized Tribal Court of the Oglala Sioux Tribe.

I. Tribal Council - Authorized Tribal governing body or its official representatives.

J. OST Sanitation and Maintenance - Board of Directors of the Utilities Commission.

SECTION II. PERMIT

No person, firm, or corporation shall collect, transport or dispose of garbage or refuse for hire within the limits or boundaries of the Pine Ridge Reservation who does not possess a permit. Said permit shall be issued only by the Board of Directors of the OST Sanitation and Maintenance and only after the Health Officer has satisfied himself that the licensee is capable of complying with the requirements of this Ordinance. The permit may be revoked when deemed necessary to the public welfare by the Board of Directors of the OST Sanitation and Maintenance.

SECTION III. EQUIPMENT

A. Garbage Truck - No truck trailer or wagon shall be used for hauling garbage or refuse that is not equipped with a tight box and so covered that no spillage may occur on the street or on the road to the point of disposal. All trucks, trailers, or wagons must have the approval of the Health Officer before being used for the hauling of garbage or refuse .

B . Container - The containers to be used for storing garbage and refuse, shall be of heavy gauge galvanized metal with tight fitting covers of the same material and the capacity of said containers shall be thirty-two (32) gallons and maintained in good condition or approved sanitary containers (i.e., 1 1/2 to 3 cubic yard).

The containers shall be provided by the owner, tenant, lessee, or occupant of the premises.

SECTION IV. PREPARATION OF GARBAGE AND REFUSE FOR COLLECTION.

A. All garbage shall be placed in approved garbage containers.

B. Refuse and ashes must be placed in containers having a capacity not to exceed ten (10) gallons.

C. Newspapers and magazines must be made up into bundles and tied with a strong cord or wire.

D. Cardboard boxes and like materials shall be flattened and tied in bundles and placed in rat proof containers until picked up . Providing, that business buildings shall keep waste papers, cardboard boxes and all like materials separate from the garbage.

SECTION V. COLLECTION PERIODS

A. Garbage and refuse ( except trees and bulky items) shall be removed:

(1) As contracted from office buildings, hospital, stores, restaurants, schools or any commercial place of business;

(2) Same shall be removed at least once a week from all residences;

(3) For rural homes, garbage shall be placed in approved garbage pits with fly tight covers.

SECTION VI. METHOD OF COLLECTION.

The Board of Directors of the OST Sanitation and Maintenance shall from time to time designate the days on which collections shall be made in the residential sections and on these days the owners or occupants shall place all containers at the alley line and if there is no alley, the containers shall be placed at the curb line. If collection has to be made from basements or any place other than that designated above, an extra charge shall be made to compensate for the extra work and time that would be required to make such pick ups only after written approval of the Board of Directors of the Sanitation and Maintenance.

SECTION VII. RATES FOR SERVICES.

Rates for the collections, hauling, and disposal of garbage and refuse except trees and bulky articles from residences, public buildings and other premises shall be fixed by resolution or by-law of the Board of Directors of OST Sanitation and Maintenance and may be changed from time to time to meet the expenses thereof and payment shall be made monthly at the office of the OST Sanitation and Maintenance Treasurer, and the monthly rates for the various types of service shall be assessed against the occupant and, if the premises are not occupied, against the owner.

SECTION VIII. ACCUMULATION OF GARBAGE AND REFUSE.

A. It shall be unlawful for any person, firm or corporation to place, leave, dump, or permit the accumulation of any garbage, rubbish or trash in any building or upon any premises or on any Tribal or private property, whether owned by such person or not on the Pine Ridge Indian Reservation, so that the same provide food or harborage for rats or a breeding place for flies or other vermin.

B. It shall be unlawful for any person, firm or corporation to permit to accumulate upon any premises, whether improved or vacant, or upon any open lots, streets or open land, any lumber, boxes barrels, bricks, stones, or any other materials or permit the same to remain thereon for any longer time than a temporary period reasonably required for the building or repairing of property, unless same shall be placed, on open racks that are elevated not less than eighteen (18) inches above ground and evenly piled or stacked.

C. It shall be unlawful for any person firm or corporation to throw or deposit any garbage or rubbish or refuse on any street, road, or public place, nor shall any person throw or deposit any garbage or refuse in any stream, or other body of water on the Pine Ridge Indian Reservation.

SECTION IX. INSPECTION BY HEALTH OFFICER.

The Health Officer or his representative or utility manager shall from time to time make inspections of all communities, and premises, and if a violation of the provisions of this Ordinance is found, he shall notify in writing the owner, tenant, or agent of such premises of such violation and said owner, tenant or agent shall, within three (3) days, correct the violation.

SECTION X. METHOD OF DISPOSAL.

A. All garbage and refuse (except trees or tree branches, car bodies, refrigerators or like objects) shall be disposed of by the sanitary land-fill method. The site for such sanitary land fill shall have been approved by the Health Officer and the Board of Directors and shall not create a fire hazard, a breeding place for rodents, flies or other vermin, and shall in no way endanger the safety and welfare of any person or persons and shall be kept and maintained in such manner as to cause no nuisance or inconvenience to adjoining property owners or tenants.

B. No dumping garbage or refuse shall be at any other place than that which is designated and approved by the Board of Directors of the OST Sanitation and Maintenance and the Tribal Council.

C. It shall be unlawful to burn garbage or other refuse, except paper which may be burned in an incinerator approved by the Board of Directors of the OST Sanitation and Maintenance and the Health Officer.

D. Whenever the contents of any garbage or rubbish pit reaches a height in the pit within eighteen (18) inches of the ground surface, it shall be filled with tightly compacted earth.

SECTION XI. PENALTY.

Any person, firm, or corporation who shall violate any provisions of this ordinance upon conviction thereof, shall be punished by a fine of not more than one hundred dollars ($100. 00) or imprisonment in the Tribal jail for not more than thirty (30) days, or by both such fine and imprisonment; and each day of the violation shall be considered a separate offense.

SECTION XII. SLUDGE ASH

The Oglala Sioux Tribe does hereby prohibit the storage and processing of sludge ash within the exterior boundaries of the Pine Ridge Reservation until such time as scientific studies are complete as to the possible health and water pollution studies are complete and an Ordinance regulating such storage and processing is adopted by the Oglala Sioux Tribe.

That violation of this Ordinance shall result in a fine of $10,000.00 per day for as long as the storage and processing site is in violation of the Ordinance.

That the Oglala Sioux Tribal Council does hereby declare that no agreement shall be entered into which allows for the dumping, storage or disposal of any toxic waste generated outside the Pine Ridge Indian Reservation.

SECTION XIII. NECESSITY FOR ORDINANCE

This ordinance is necessary and expedient for the promotion of health and the control of disease, is necessary for the immediate preservation of the public health and shall take effect upon passage and publication thereof .

SECTION XIV. That all ordinances and parts of ordinances in conflict with this Ordinance are hereby rescinded.

HIST: Ordinance 89-09.