Tài liệu ENVIRONMENTAL CODES & ENFORCEMENT doc

Tribal Solid Waste Management, ENVIRONMENTAL CODES & ENFORCEMENT by: Anan Tanbouz, P.E. & Ben Banipal, P.E. AGENDA • What is an Integrated Solid Waste Management Plan (SWMP) • Tribal Solid Waste Authority, Codes, Ordinances & Regulations • Tribal Solid Waste Enforcement Issues & Authority • USEPA Solid Waste Contacts • Summary What is an Integrated SWMP? • SWMP is not an actual SWM Program • Preparing a SWMP is the 1 st step towards developing a comprehensive SWM Program • Remember, all SWM Plans are not alike • SWMP is structured based on the needs of community Components of SWMP • EPA suggests Four major components in a typical SWMP: • Past and Present SWM Practices • Solid Waste Generation • Goals and Objectives • Integrated SWM Approaches – Source Reduction – Recycling – Composting – Collection and Transfer Station – Landfill Components of SWMP …Continue Understanding the Current SWMP: • Evaluate current SWM practices • Assess individual practices and attitudes • Understand the regulatory and institutional climate of the Tribe • Examine multi-jurisdictional opportunities • Assess current & potential financial resources • Characterize the current waste stream • Assess the future waste stream • Once the Draft Plan is Written? • Having others review the plan. • Sharing the plan with the community to gather public input. • Seeking experts to conduct more detailed analyses of certain selected alternatives • Revising the plan as necessary. Components of SWMP …Continue Tools Available to Develop SWMP • What Tools are Available to Assist in Plan Development • Guide for Initiating SWM Planning on Indian Country- BIA, June 1992 • Decision-Maker’s Guide to SWM, Vol II- USEPA, August 1995 • Publications on SWM in Indian Country- USEPA, December 1996 • Other Tribal SWM Plans are available via EPA/BIA, IHS …etc • Consortia: AIPC-POEP & ITEC • Technical Assistance from All Federal Agencies: EPA, BIA & IHS, USDA, RUS,HUD Tribal Authority and Inherent Sovereign Power to Manage and Regulate Solid Waste Environmental Codes • Tribal Authority to regulate the Tribal environment is a basic component of Tribal Authority Sovereignty. William v. Lee, 38 U.S. 217 (1959) • Tribes have the right to make their own laws and be governed by them. Tribes have sovereign power to enforce tribal laws, including environmental laws, over their members. Nancy v. EPA., 645F.2d 701 (9th Cir. 1981), cert. Denied sub nom. Crow Tribe of Indians v. EPA, 454 U.S. 101 (1981). Tribal Authority and Inherent Sovereign Power to Manage and Regulate Solid Waste Environmental Codes …continues Tribal civil authority over non-Indians has been recognized in a variety of circumstances. There are cases not specifically addressing tribal environmental authority that are important in the consideration of tribal regulatory over non- Indians. Montana v. United States, 450, U.S. 544, 565-6 (1981). EPA has the authority under Sections 2002, 4004, and 4010 of the Resource Conservation and Recovery Act (RCRA) to promulgate site-specific rules as outlined in this draft guidance document. The authority to such rules has been upheld by a US District Court in “Yankton Sioux Tribe v. EPA,” 950 F. Supp. 1471 (D.S.D. 1996) Tribal Authority and Inherent Sovereign Power to Manage and Regulate Solid Waste Environmental Codes …continues [...]... for SWM activities • Public involvement & Enforcement Tribal Codes and Regulations … continue • Finding & Purpose of Solid Waste Codes – Purpose of Solid Waste Management Code – The Tribe’s Inherent Sovereign Power & Civil Jurisdiction – The Tribe’s MSW, Solid Waste & Hazardous Waste Policies – The Tribe’s Authority & Commitment to Manage Tribal Resources Tribal Codes and Regulations … continue • Designation... requirements for Transfer Stations Tribal Codes and Regulations … continue • Public Involvement & Enforcement: – – – Public Participation & Hearings Actions on Public Complaints Enforcement Actions • Community Members • Permitted Haulers and/or Management Facilities – Penalties/Fines Enforcement of Tribal Codes and Regulations 25 U.S.C 1302 Due process is critical throughout the enforcement process The Indian... enforced? • Who is doing the enforcement? • How is the enforcement to be accomplished? • Enforcement Processes • Compliance Orders/ Administrative Orders • Tribal Court - Civil Actions • Tribal Court - Criminal Actions Tribal Codes and Regulations Table of Contents • • • • Finding & Purpose of Solid Waste Codes Definitions Designation of Authority Proper Handling, Collection, & Disposal of SW and/or Hazardous... Court Enforcement & Response Authorities to address Environmental Risks posed by MSWLFs in Indian Country • How to Utilize the Enforcement Authority in RCRA Section 7003 – Under RCRA Section 4005(c)(2)(A), determine that all State programs (with identified exceptions) are not adequate to ensure enforcement of the criteria in Indian Country • Enforce MSWLF Criteria under Clean Water Act Section 309 & 405... Consider …continues Who is being done by the enforcement? • • • Solid Waste Department or Staff? Tribal Administration - includes Tribal Officials, the Governor’s Staff? Tribal Law Enforcement departments - includes – Conservation Officers – Wildlife Officers – Range Patrols – Police Department within the Tribes Enforcement Mechanism Items to Consider How to accomplish Enforcement? • • • • • Compliance orders... Solid Waste Environmental Codes …continues • The Tribe has the same flexibility as States in complying with the Part 258 Criteria under the Site-specific Flexibility Rulemaking Process The code prohibits the disposal of any solid waste except in MSWLFs which comply with the Part 258 Criteria Disposal of solid wastes at “open dumps” is prohibited under the Solid Waste Code Enforcement of Tribal Codes and... Enforce MSWLF Under CWA 311 – Penalties for Unlawful Discharges – Issuance of Orders • Enforcement Under CERCLA – Information gathering & access under section 104(e) – Issuance of Orders Under CERCLA Section 106(a) – Take a Response Action Under CERCLA Section 104(a) Enforcement Program for Solid Waste Permitees • ENFORCEMENT PROGRAM FOR SOLID WASTE PERMITEES • Compliance, Abatement and Remedial Action... process of law.” Enforcement Mechanism Items to Consider What is being enforced? • • • • Violation of the Ordnance or Code Violation of a regulation or rule Person or entity is creating an imminent and substantial endangerment to the public health and environment False or misleading information in an application, report, permit or other document filed, maintained or used for ensuring compliance Enforcement. .. respect to MSW and SW – Duty of the Environment Division to Investigate Under This Code Tribal Codes and Regulations … continue • Proper Handling, Collection, & Disposal of SW and/or Hazardous Wastes: – – – – – Integrated Solid Waste Open Dumping Burning of Solid Wastes Household Hazardous Waste Special Wastes Tribal Codes and Regulations … continue • Permit requirements for SWM activities: – Define General...Tribal Authority and Inherent Sovereign Power to Manage and Regulate Solid Waste Environmental Codes …continues • A US Court of Appeals “Backcountry Against Dumps v EPA,” 100 F.3d 147 (D.C Cir 1996) suggested it would recognize EPA’s authority to issue such sitespecific rules under RCRA Subtitle . Tribal Solid Waste Management, ENVIRONMENTAL CODES & ENFORCEMENT by: Anan Tanbouz, P.E. & Ben Banipal, P.E. AGENDA • What is an. (SWMP) • Tribal Solid Waste Authority, Codes, Ordinances & Regulations • Tribal Solid Waste Enforcement Issues & Authority • USEPA Solid Waste