[Adopted 2-4-1988 by Ord. No. 87-26]
The purpose of these rules under this article
is to help ensure that efficient, nuisance-free and environmentally
acceptable solid waste management procedures are practiced within
the exterior boundaries of the Menominee Indian Reservation and Menominee
County; to establish minimum standards defining acceptable solid waste
management sites applicable to owners or operators of solid waste
facilities (landfills) which store solid waste; to establish standards
for the transportation and collection of solid waste on the Reservation;
to establish regulations concerning salvage yards and incinerators;
and to establish fees for associated land disposal facilities and
long-term care of sites.
Because of the concern and problems associated with solid waste management on the Menominee Indian Reservation, the Tribe has prohibited constructing or using land spreading sites or facilities, and storing or disposing of hazardous wastes as defined under Chapter 361, Article I, Hazardous Waste, of this Code, in any site or facility constructed or used exclusively for the disposal of solid wastes within the exterior boundaries of the Menominee Reservation.
These rules under this article shall be governed by Article I (Jurisdiction) of the Constitution and Bylaws of the Menominee Indian Tribe of Wisconsin, a federally recognized sovereign Indian tribe, be consistent with applicable federal law, and extend to all persons and subjects, to all lands and other property, including natural resources, and to all waters and air space within the exterior boundaries of the Menominee Reservation, including any land which may hereafter be added to the Reservation under any law of the United States. The governmental powers of the Menominee Indian Tribe shall, consistent with applicable federal law, also extend outside the exterior boundaries of the Reservation to any persons, subjects, or real property which is, or may hereafter be, included within the jurisdiction of the Tribe under any law of the United States. Any person who violates any regulations or laws set forth under this article shall be prosecuted under tribal law whereby under Article III, Section 2 of the Tribal Constitution and Bylaws (Powers of the Tribal Judiciary), the Tribal Judiciary shall be vested with all judicial powers of the Tribe, including the power to decide cases in which a person is accused by the Tribe of committing an offense against the laws of the Tribe. The powers granted to the judiciary by this section shall include judicial powers restored or granted to the Tribe by any law of the United States or other competent authority.
In accordance with a Memorandum of Understanding
between the Menominee Indian Tribe, the State of Wisconsin Department
of Natural Resources and the United States Environmental Protection
Agency regarding the implementation of these rules and regulations
on the Menominee Reservation, the Menominee Tribe, as a sovereign
nation and governing body for jurisdictional affairs on the Reservation,
has responsibility for all matters of tribal policy under this article.
The Wisconsin Department of Natural Resources, acting as a neighboring
government whose interests are served by the development of a strong
tribal regulatory presence on the Reservation, will provide advice
and technical assistance to the Tribe. All parties to the Memorandum
will endeavor to establish and maintain close communication and coordination
with each other, as they share a common sense of purpose to protect
precious natural resources from the threat of pollution.
The following special definitions are applicable
to the terms used in this article:
A solid waste processing facility that combines a fixed open
pit and mechanical air supply which uses an excess of oxygen and turbulence
to accomplish the smokeless combustion of clean wood wastes and similar
combustible materials.
The time at which a solid waste facility ceases to accept
waste, and includes those actions taken by the owner or operator of
the facility to prepare the site for any required long-term care and
make it suitable for other uses.
Those actions taken by the owner or operator of a solid waste
site or facility to prepare the site for long-term care and to make
it suitable for other uses.
A written report and supplemental engineering plans detailing
those actions that will be taken by the owner or operator to effect
proper closure of a solid waste disposal facility.
Chemical oxygen demand.
A solid waste disposal operation which utilizes containers,
vehicles or other means for the collection and transportation of solid
waste.
To engage in a program of on-site construction, including
but not limited to site clearing, grading, development or landfills.
A written report submitted under the seal of a registered
professional engineer advising that a solid waste disposal facility
has been constructed in substantial compliance with a Tribe-approved
plan of operation.
A mechanical or nonmechanical storage container or facility
designed and operated for storage and containment of solid waste.
Any habit determined by the Tribe to be critical to the continued
existence of any endangered species listed in Ch. NR 27, Wis. Adm.
Code.
Solid waste resulting from the demolition or razing of buildings,
roads and other man-made structures. Demolition material typically
consists of concrete, brick, bituminous concrete, wood, masonry and
plaster, alone or in combinations.
The total volume in cubic yards of solid waste to be disposed
of in a land disposal facility, including the volume of daily and
intermediate cover utilized in the facility, but not including final
cover or topsoil.
Material that is no longer of use to the generator of the
material in the process from which it was generated.
The discharge, deposit, injection, dumping, or placing of
any solid waste into or on any land or water so that such solid waste
or any constituent thereof may enter the environment or be emitted
into the air or discharged into any waters, including groundwater.
Any earth material removed from the bed of any surface water.
To bring a solid waste disposal facility into existence.
To dispose of solid waste on land not previously covered
under the approved plan of operation.
A report for a specific solid waste disposal facility that
describes the site, surrounding area, and proposed operation in terms
of land use, topography, soils geology, groundwater, surface water,
proposed waste, quantities and characteristics, and preliminary facility
design concepts.
The area proposed to receive or which is receiving direct
application of solid waste.
The land which has been or may be hereafter covered by floodwater
during the regional flood as defined in Ch. NR 116, Wis. Adm. Code,
and includes the floodway and the flood fringe as defined in Ch. NR
116, Wis. Adm. Code.
Crops grown for human consumption, and pasture, forage and
feed grain for animals whose products are consumed by humans.
Discarded materials resulting from the handling, processing,
storage and consumption of food.
Any waste identified by the Tribe as hazardous pursuant to
criteria promulgated by the Tribe. The tribal criteria will be identical
to the criteria promulgated by the United States Environmental Protection
Agency under § 3001(b) of the Resource Conservation and
Recovery Act of 1976, P.L. 94-580.
A solid waste disposal facility where solid waste is placed
in a landfill or surface impoundment facility for disposal purposes.
A solid waste land disposal facility, not classified as a
surface impoundment facility, where solid waste is disposed on land
without creating nuisances or hazards to public health or safety by
utilizing the principles of engineering to confine the solid waste
to the smallest practical area, to reduce it to the smallest practical
volume and to cover it with a layer of earth at such intervals as
may be necessary.
The discharge, deposit or placement of solid wastes onto
the land surface, or incorporated into the top several feet of the
surface soil, for agricultural, silvicultural and/or waste disposal
purposes.
Water or other liquid that has been contaminated by dissolved
or suspended material due to contact with solid waste or gases thereof.
The routine care, maintenance and monitoring of a solid waste
land disposal facility following the closing of the facility.
All waste soil, rock, mineral, liquid, vegetation and other
material directly resulting from or displaced by the prospecting or
mining and from the clearing or preparation of minerals during the
prospecting or mining operation.
Solid waste primarily generated by residential activities
but may include minor amounts of commercial and industrial waste that
are in the total waste stream and are not hazardous.
Solid waste which will not support combustion in the ambient
atmosphere.
A facility designed and operated for storage of solid waste
generally in volumes too large for containerized storage.
Combustion of solid waste where the products of combustion
are emitted directly into the ambient air without passing through
a stack or chimney.
A land disposal facility which is not a sanitary landfill.
An individual both tribally enrolled and a descendant of
tribally enrolled members, trust, firm, cooperative, institution,
joint-stock company, corporation (including the Menominee Tribal Government
Corporation), partnership, association, municipality, commission,
agency or instrumentality.
A report submitted for a solid waste disposal site or facility
that describes its location, design, construction, sanitation, operation,
maintenance, closing and long-term care.
The contaminating or rendering unclean or impure of the waters,
air or land of the Menominee Reservation, making the same injurious
to public health, harmful for commercial or recreational use, or deleterious
to fish, birds, or animal or plant life.
A solid waste facility at which solid waste is baled, shredded,
pulverized, composted, classified, separated or altered by some means
to facilitate further transfer, processing, utilization or disposal
or incineration. Processing facilities do not include operations conducted
by scrap metal, paper, fiber or plastic processors excluded from the
definition of "solid waste disposal sites and facilities" in this
section.[1]
A bond, deposit or account ensuring that sufficient funds
will be available to comply with the closure and long-term care requirements
of this article and the approved plan of operation.
Solid waste which contains organic matter capable of being
decomposed by microorganisms and of such a character and proportion
as to be capable of attracting or providing food for animals.
Combustible and noncombustible rubbish, including but not
limited to paper, wood, metal, glass, cloth and products thereof;
litter and street rubbish; ashes; and lumber, concrete, and other
debris resulting from the construction or demolition of structures.
A professional engineer registered as such with the Wisconsin
Examining Board of Architects, Professional Engineers, Designers and
Land Surveyors.
The Menominee Indian Reservation.
Junk cars, machinery or equipment, scrap metal or other junk
or scrap materials which are of further usefulness mainly as a raw
material for reprocessing or as imperfect stock from which replacement
or spare parts can be extracted.
A solid waste disposal site or facility at which salvageable
materials are stored or sold or at which wrecking, dismantling or
demolition of salvageable materials is conducted. Salvage yards do
not include operations conducted by scrap metal, paper, fiber or plastic
processors excluded from the definition of "solid waste management
facilities" in this section, nor do salvage yards include small storage
areas for equipment such as are normally found adjacent to industrial
and commercial establishments.
A land disposal facility conforming to the applicable requirements
of this article.
Semisolid or liquid human or domestic waste removed from
septic tanks, holding tanks, seepage pits, grease traps, or portable
or permanent privies.
All structures, conduits and pipelines by which sewage is
collected, treated and disposed of, except plumbing inside and in
connection with buildings served, and service pipes from building
to street main.
Any solid, semisolid, or liquid waste generated from a municipal,
commercial or industrial wastewater treatment plant, water supply
treatment plant or air pollution control facility.
Material that has been physically and chemically derived
from the bedrock by nature.
Any garbage or refuse resulting from domestic, industrial,
commercial, and agricultural operations and from community activities,
but does not include solid or dissolved material in domestic sewage
or solid or dissolved material in irrigation return flows.
The systematic administration of activities which provide
for collection, source separation, storage, transportation, transfer,
processing, treatment and disposal of solid waste.
Any private, commercial, industrial or municipal establishments
or operations, such as, without limitation because of enumeration,
sanitary landfills, dumps, land disposal sites, auto junkyards, scrap
metal salvage yards, transfer stations, storage facilities, collection
and transportation services and other establishments or operations
for the storage, collection, transportation, transfer, processing,
treatment, recovery or disposal of solid waste. "Solid waste disposal
sites and facilities" does not include a site or facility for the
processing of scrap iron, steel or nonferrous metal using large machines
to produce a principal product of scrap metal for sale or use for
remelting purposes, nor does the term include a site or facility which
uses large machines to sort, grade, compact or bale clean wastepaper,
fibers or plastics, not mixed with other solid waste, for sale or
use for recycling purposes.
The process of waste settlement and associated land surface
maintenance to ensure that the majority of the settlement has occurred,
that pockets or depressions caused by settlements have been refilled
or regraded, and that the final land surface contours represent a
stable condition for closure and site maintenance purposes, including
slopes for positive runoff.
Any chemical, physical, or thermal treatment of a waste,
either alone or in combination with biological processes, which results
in a significant reduction of pathogenic organisms, including viruses.
A solid waste disposal site or facility for the storage of
solid waste on a temporary basis in such a manner as not to constitute
ultimate disposal of solid waste.
A natural topographic depression, artificial excavation or
dike arrangement which is used for storage of waste fluids or semisolids.
Natural loam, sandy loam, silt loam, silt clay loam or clay
loam humus-bearing soils or other material that will easily produce
and sustain dense growths of vegetation capable of preventing wind
and water erosion of the material itself and other materials beneath.
A solid waste disposal site or facility at which transferring
of solid waste from one vehicle or container to another, generally
of larger capacity, occurs prior to transporting to the point of processing
or disposal.
The Menominee Indian Tribe of Wisconsin.
United States Geological Survey.
All structures, conduits and appurtenances by means of which
water is delivered to consumers, except piping and fixtures inside
buildings served, and service pipes from buildings to street main.
Two or more wells installed within 10 feet of each other
at the ground surface and constructed to varying depths.
Those areas that are inundated or saturated by surface water
or groundwater at a frequency and duration sufficient to support,
and that under normal circumstances do support, a prevalence of vegetation
typically adapted for life in saturated soil conditions. Wetlands
generally include swamps, marshes, bogs, and similar areas. The permanent
channels of streams and rivers and open water of lakes and reservoirs
are not included in this definition.
[1]
Editor's Note: See definition of "solid waste management facilities."
A.
No person shall maintain or operate a solid waste
disposal site or facility unless the person has obtained an operating
license from the Menominee Tribal Department of Community Development.
The license period shall be one year beginning upon approval of a
solid waste disposal site or facility and payment of fees to the Tribe.[1]
(1)
Application for initial licensing or renewal licensing
of a solid waste disposal site or facility shall be submitted on forms
supplied by the Tribe with the appropriate fees as shown in Table
1, Menominee Tribal Solid Waste Fee Schedule.[2]
[2]
Editor's Note: Table 1 is included at the end of this chapter.
(2)
License fees for solid waste disposal sites or facilities
are not refundable.
B.
No person shall establish or construct a solid waste
disposal site or facility within the exterior boundaries of the Reservation
until a public hearing has been held in which all affected persons
can comment on the proposed site or facility.
C.
No person shall establish or construct a solid waste
disposal site or facility within the exterior boundaries of the Reservation
prior to obtaining written approval from the Tribe of plans describing
facility feasibility and operation, except as otherwise provided in
this article. The plan review fee specified herein shall accompany
all plans submitted to the Tribe for approval. Plan review fees are
not transferable, proratable or refundable.
A.
Unless otherwise specified in this article, all submittals
for review and approval shall include the following:
(2)
A letter detailing the desired tribal action or response.
(3)
Three copies of the plan or report prepared pursuant
to the appropriate section of this article. All copies shall be submitted
to the Tribe. The plans and reports and all methods and procedures
used to prepare them shall conform to the following:
(a)
Preparation. The submittal shall be under the
seal of a registered professional engineer.
(b)
Investigation. All technical procedures used
to investigate a solid waste disposal site or facility shall be the
current standard procedures as specified by the American Society for
Testing Materials, USGS, Standard Methods for the Examination of Water
and Wastewater, or other equivalent or appropriate methods approved
by the Tribe. Test procedures used shall be specified. Any deviation
from a standard method shall be explained in detail with reasons provided.
(c)
Format. All submittals shall include:
[1]
The required technical information as specified
in this article, information or conclusions. The visuals shall be
legible. All maps, plan sheets, drawings, isometrics, cross sections
and aerial photographs shall meet the following requirements:
[a]
Generally be no larger than 24
inches by 36 inches and no smaller than 8 1/2 inches by 11 inches.
[b]
Be of appropriate scale to show
all required details in sufficient clarity.
[c]
Be numbered, referenced in the
narrative, titled, have a legend of all symbols used, contain horizontal
and vertical scales (where applicable), and specify drafting or origination
dates.
[d]
Use uniform scales as much as practical.
[e]
Contain a North arrow.
[f]
Use USGS datum as basis for all
elevations.
[g]
Plan sheets showing site construction,
operation or closure topography shall also show original topography.
[h]
Plan sheets for land disposal sites
and facilities shall indicate a survey grid based on monuments established
in the field specifically for that purpose.
[i]
All cross sections shall show survey
grid location and be referenced to major plan sheets.
[2]
An appendix listing names of all references,
all necessary data, procedures and calculations.
B.
A submittal for initial licensing or relicensing of
any solid waste disposal facility shall include:
(2)
A completed copy of the appropriate application form.
A.
General. No person shall maintain or operate a collection or transportation service unless the person has obtained an operating license from the Tribe, except as otherwise provided in Subsection B.
B.
Exemptions. The following services are exempt from
all requirements of this section:
C.
Operational requirements. No person shall operate
or maintain a solid waste collection and transportation service except
in accordance with the following minimum requirements:
(1)
Each vehicle shall have lettered "MIT" followed by
the license number on the driver's door. The letters shall be at least
two inches high with a minimum brush stroke of 1/2 inch. The lettering
colors shall contrast with the background to make it easy to read.
(2)
Solid waste shall be collected from, transported to
and disposed of only at facilities meeting the requirements of this
article or taken to a licensed or approved facility off the Reservation.
(3)
All vehicles or containers used for the collection
and transportation of solid waste shall be durable, easily cleanable
and leakproof, if necessary, considering the type of waste and its
moisture content. These vehicles and containers shall be cleaned frequently
to prevent nuisances or insect breeding and shall be maintained in
good repair.
(4)
Vehicles or containers used for the collection and
transportation of solid waste shall be loaded and moved in such a
manner that the contents will not fall, spill or leak therefrom. Covers
shall be provided, as necessary, to prevent littering and spillage.
If spillage does occur the operator shall immediately return spilled
materials to the vehicle and shall properly clean the spill area.
D.
Expansion or termination. The owner or operator shall
notify the Tribe in writing of any expansion or termination of a service
or of any changes in the use of disposal facilities 30 days prior
to effective date of such action.
E.
Responsibility. Except as otherwise provided in this
article, any person generating solid waste shall be responsible for
the collection and transportation of the waste to a solid waste disposal
site or facility licensed by the Tribe or off the Reservation to an
approved site, unless the person contracts with a collection and transportation
service licensed by the Tribe for that purpose.
A.
General. No person shall maintain or operate a solid
waste transfer site or facility unless the person has obtained an
operating license from the Tribe. Any person intending to establish
or construct a solid waste transfer facility shall contact the Tribe
to arrange for an initial facility inspection.
B.
Transfer facility operations. Transfer facilities
designed and operated to receive solid waste from individual users
and from hand-unloaded vehicles shall conform to the following practices:
(1)
Containers shall be leakproof and manufactured of
rot-proofed material. A closeable cover shall not be required unless
specifically requested in writing by the Tribe.
(2)
Where mechanical equipment is a part of the operation,
access shall be limited to those times that attendants are on duty.
Access restrictions and/or attendants may be required in writing by
the Tribe for a nonmechanical facility.
(3)
Containers shall be removed or emptied at least once
per week and more frequently if conditions warrant.
(4)
The transfer station and adjacent area shall be kept
clean and free of litter.
(5)
No open burning of solid waste shall be conducted.
(6)
Effective means shall be provided to control flies,
rodents and other insects or vermin.
C.
Plan of operation. No person shall establish or construct a solid waste transfer site or facility or expand an existing operation unless the person has obtained approval of a plan of operation from the Tribe. The plan of operation shall specify the intent and objectives of the proposal and indicate methods and procedures to minimize adverse environmental impacts of the proposed operation. The plan shall be submitted in accordance with § 504-14A and shall include plans and specifications denoting plant layout, building construction, equipment placement and material handling systems within the plant. The plan of operation shall contain, at a minimum, the following information:
(2)
(3)
Plot plan(s) of the transfer facility, including:
(a)
Site plan indicating locations of all buildings,
roadways, parking and storage areas.
(b)
Existing and proposed final ground surface contours.
(c)
Locations of receiving or unloading areas and
exit or material removal areas.
(d)
Location of proposed utilities servicing the
transfer station.
(e)
Means of limiting access, such as fencing, gates,
natural barriers or other methods.
(f)
Method of screening the facility from the surrounding
areas.
(4)
Buildings and equipment plans and drawings, including:
(a)
Plans of all structures proposed at the facility,
including foundations, walls, floor elevations, and other construction
items.
(b)
Cross-section drawings through the facility
indicating process flow lines.
(c)
Cross-section drawings of each major piece of
mechanical equipment.
(d)
Plans and drawings of supplemental construction
areas, fixed or moveable equipment, electrical systems, and any other
drawings necessary to fully describe the facility.
(5)
A narrative shall be prepared outlining facility operations
and regulations. This report shall include, at a minimum:
(a)
Consistency of facility development with area-wide
solid waste plans, land use plans, or other area-wide plans. Alternatives
considered in the project planning phase shall be discussed.
(b)
Population and area to be served by the facility
and projections for increased use in the future.
(c)
Type and quantity of waste to be handled and
specific waste types not accepted at the facility.
(d)
Persons responsible for structural improvements,
building maintenance and daily operations and control of the facility.
(e)
Type of vehicles used to transport solid waste
into and out of the station.
(f)
Vehicle traffic routing at the facility and
provisions for access to connecting roadways.
(g)
Methods of water supply and wastewater treatment.
(h)
Methods of volume reduction, such as compacting,
grinding, compression or tamping.
(i)
Design criteria used to select equipment capacity
and building configuration and sizing.
(j)
Daily cleanup procedures.
(k)
Names and locations of all solid waste disposal
operations to which waste from the transfer station may be hauled.
(l)
Procedures for alternate routing of waste during
inoperable periods at the facility.
(m)
Appurtenances and procedures to handle heavy
or bulky items and store solid waste beyond the end of the working
day.
(n)
Equipment and procedures designed to control
dust, odors, noise, and windblown paper.
(o)
Equipment and procedures designed to prevent
and control fire, including heat and/or smoke sensors; fire extinguishers;
two-inch diameter fire hose of sufficient length to access the entire
facility; and an adequately sized well for indoor facilities.
D.
Locational criteria. No person shall establish, construct,
operate, maintain or permit the use of property for a transfer site
or facility in wetlands.
E.
Operational requirements. No person shall operate
or maintain a transfer site or facility except in conformance with
the approved plan of operation and the following minimum requirements:
(1)
A sign, acceptable to the Tribe, shall be posted at
the entrance to the operation which indicates the name, license number
and hours of use of the operation, penalty for unauthorized dumping
and use, necessary safety precautions, and any other pertinent information
specified by the Tribe.
(2)
A building, roofed and enclosed on at least three
sides where applicable, or otherwise enclosed to satisfactorily control
dust, papers, and other waste material, shall be provided.
(3)
Screening shall be provided for a transfer site or
facility located within 500 feet of any residence.
(4)
The site or facility shall be operated under the close
supervision of a responsible individual(s) who is thoroughly familiar
with the requirements and the operational procedures of the transfer
site or facility.
(5)
Access shall be limited to those times that an attendant
is on duty.
(6)
There shall be no storage of solid waste in the building
or yard for a period greater than 24 hours except in licensed collection
and transportation units.
(7)
Unloading of solid waste shall take place only within
the enclosed structure and only on approved designated areas.
(8)
Solid waste shall be confined to the unloading, loading
and hauling area.
(9)
The transfer site or facility and adjacent area shall
be kept clean and free of litter. Litter shall be picked up daily
adjacent to the facility.
(10)
Hazardous waste shall not be permitted at the
transfer site or facility.
(11)
Dust and odor generated by the unloading of
solid waste and the operation of the transfer site or facility shall
be controlled at all times.
(12)
No open burning of solid waste shall be conducted.
(13)
Solid waste which is burning or is at a temperature
likely to cause fire or is of a highly flammable or explosive nature
shall not be accepted at the transfer site or facility.
(14)
Equipment shall be provided to control accidental
fires, and arrangements shall be made with the local fire department
to provide immediate services when needed.
(15)
Means shall be provided to control flies, rodents,
and other insects or vermin.
(16)
Sanitary facilities shall be available for use
by facility operators.
(17)
Provision shall be made for needed maintenance
of the transfer site or facility after each day of operation.
(18)
Means of communication shall be provided for
emergency purposes.
(19)
An approved alternative method of waste processing
or disposal shall be provided in the event that the transfer site
or facility is reported inoperable.
F.
Closure. Any person who operates or maintains a transfer
site or facility or who permits the use of property for such purpose
shall close the facility in accordance with any plan approval issued
by the Tribe and the following minimum practices:
(1)
The operator shall notify the Tribe and all users
of the facility in writing at least 60 days prior to closure of the
facility.
(2)
Access shall be restricted through the use of a fence,
gate plantings or other appropriate means upon closure of the facility.
(3)
The operator shall provide a sign notifying users
of the facility of closure upon termination of operations.
A.
General. No person shall operate or maintain a solid waste processing site or facility within the exterior boundaries of the Menominee Reservation except as provided in Subsection B.
B.
Exemptions.
(1)
Composting operations used for processing solid waste
from a single family or household, a member of which is the owner,
occupant or lessee of the property used for the solid waste processing
operation, are exempt from the requirements of this section.
(2)
Sites or facilities which use large machines to sort,
grade, compact or bale clean wastepaper, fibers or plastics, not mixed
with other solid waste, for sale or use for recycling purposes are
exempt from the requirements of this section.
No person shall operate or maintain an incinerator
within the exterior boundaries of the Menominee Reservation.
No person shall operate or maintain an air curtain
destructor facility within the exterior boundaries of the Menominee
Reservation.
A.
General. No person shall operate or maintain a solid waste land disposal facility unless the person has obtained an operating license from the Tribe, except as otherwise provided in Subsection B.
B.
Exemptions. Facilities for the disposal of wood residue
from a saw mill debarker or equivalent industry which produces less
than 5,000 board feet of lumber per year or equivalent and having
a total disposal site volume of less than 500 cubic yards of wood
residue are exempt from the requirements of this section.
C.
Locational criteria.
(1)
No person shall establish, construct, operate, maintain,
or permit the use of property for a solid waste land disposal site
or facility within the following areas:
(a)
Within 1,000 feet of any navigable lake, pond
or flowage.
(b)
Within 300 feet of a navigable river or stream.
(c)
Within a floodplain.
(d)
Within 1,000 feet of the nearest edge of the
right-of-way of any state trunk highway, interstate or federal aid
primary highway or the boundary of any public park, unless the site
is screened by natural objects, planting, fences or other appropriate
means so as not to be visible from the highway or park.
(e)
Within wetlands.
(f)
Within critical habitat areas.
(g)
Within an area where the Tribe after investigation
finds that there is a reasonable probability that disposal of solid
waste within such an area will have a detrimental effect on any surface
water.
(h)
Within an area where the Tribe after investigation
finds that there is a reasonable probability that disposal of solid
waste within such an area will have a detrimental effect on groundwater
quality.
(i)
Within 1,200 feet of any public or private water
supply well.
(2)
An applicant for an initial license or for approval of an expansion on of an existing land disposal facility shall demonstrate to the Tribe that the proposed site will be in compliance with all of the locational standards of this section for which no exemption has been granted. No exemptions from compliance with Subsection C(1)(g) and (h) will be granted by the Tribe. Exemptions from compliance with Subsection C(1)(d) and (i) may be granted only upon demonstration by the applicant of circumstances which warrant such an exemption. The factors which will be considered by the Tribe in determining whether or not to grant an exemption include waste types and characteristics, site or facility design and operational considerations, availability of other environmentally suitable alternatives, compliance with other federal regulations and the public health, safety and welfare.
D.
Initial site inspection. Any person intending to establish
a land disposal site or facility or expand an existing site shall
contact the Tribe to arrange for an initial site inspection.
E.
Initial site report.
(1)
Any person, prior to submitting a feasibility report, may submit an initial site report in accordance with § 504-14A to the Tribe. The purpose of submitting this report is to obtain a preliminary opinion from the Tribe on the potential of the site for development and the advisability of spending additional time and funds to prepare a feasibility report. The Tribe shall review and respond to the initial site report within 90 days of receipt. A favorable determination under this section does not guarantee a favorable determination of site feasibility.
(2)
An initial site report may be as detailed as the applicant
chooses to make it. The greater the detail, the more certain the Tribe
can be in its response. For guidance purposes, the following indicates
the type and extent of information that might be submitted in a initial
site report:
(a)
General site information. The report should
identify project title; name, address and telephone number of primary
contact person for tribal correspondence; consultant(s); present property
owner; proposed disposal site owner and operator; legal description
of site by metes and bounds; total acreage of property and proposed
licensed acreage; proposed site life and disposal capacity; municipalities,
industries and collection and transportation agencies to be served;
estimated waste types and estimated weekly quantities to be disposed;
anticipated covering frequency; and mode of operation.
(b)
Regional geotechnical information. A discussion
of the regional setting should be included to provide a basis for
comparison and interpretation of any site-specific information obtained
through field investigations. The discussion should be limited to
information available from publications, although some field verification
and updating may be desirable. The term "regional" as utilized herein
is intended to include that area which may affect or be affected by
the proposed site. In most instances this will be the proposed site
and the area within a one-mile radius of the site. The discussions
should be supplemented by maps or cross sections, where appropriate.
The following items should be addressed:
[1]
Topography, including predominant topographic
features.
[2]
Hydrology, including surface water drainage
patterns and significant hydrologic features, such as surface waters,
springs, drainage divides and wetlands.
[3]
Geology, including the nature and distribution
of bedrock and unconsolidated deposits.
[4]
Hydrogeology, including depth to groundwater,
groundwater flow directions, recharge and discharge areas, groundwater
divides, aquifers and the identification of the aquifer used by public
and private wells within 1,200 feet of the proposed site.
[5]
Groundwater and surface water quality.
(c)
Land use information. A discussion of the present
land use of the site and surrounding area should be included. The
radius of coverage should extend to all areas that may affect or be
affected by the proposed site. In most instances, this will be the
proposed site and the area within one mile of the site. The discussion
should be supplemented by maps, where appropriate. The following items
should be addressed:
(d)
Site-specific geotechnical information. Where
the applicant chooses to gather site specific data, the following
should be considered:
[1]
Field investigations should be performed to
define the site-specific topography, soil types, and depth to bedrock
and groundwater. These investigations should include:
[a]
A partial topographic survey of
the area. This map should show the proposed fill area, property boundaries,
proposed site boundary, soil borings performed and wells installed.
The minimum scale should be one inch equals 500 feet with the contour
interval sufficient to show site relief. It is recommended that this
map consist of a blowup of a USGS map (7 1/2 or 15 minute topographical),
with supplemental information added as appropriate.
[b]
Soil borings extending to bedrock
or 25 feet below the anticipated site base grade, whichever is less.
The borings should be distributed in a grid pattern throughout the
area. A minimum of five borings is recommended.
[c]
Three of the borings should be
developed into groundwater observation wells where groundwater is
within 25 feet of the anticipated base grade. Otherwise, one of the
borings should be extended to 50 feet below the anticipated base grade
or to groundwater or bedrock, whichever is less, and an observation
well established.
[d]
Each major soil layer encountered
during boring investigations should be analyzed for grain-size distribution
and classified according to the unified soil classifications systems.
[2]
The results of the subsurface investigations
should be summarized utilizing a series of geologic sections which
connect the soil borings performed. Each section should show present
topography, borings, wells, major soil layers, water table and bedrock.
(e)
Data analysis. The results of the field investigations, regional geotechnical information and land use information should be analyzed and preliminary conclusions and recommendations on site development made. This should include a discussion of the potential for the site to meet the locational requirements in Subsection C and potential limitations on site development.
(f)
Appendix. The site boundaries should be shown
on all maps included in the appendix. The appendix should include:
[1]
All raw data, such as boring logs, soil tests,
well construction data and water level measurements.
[2]
A plat map of the area.
[3]
A USGS quadrangle of the area, updated with
locations of applicable wells installed after preparation of the quadrangle.
[4]
A Natural Resources Conservation Service soil
map and interpretation, if available.
[5]
References.
F.
Feasibility report.
(1)
No person shall establish or construct a land disposal site or facility or expand an existing site or facility without first obtaining approval of a feasibility report describing the physical conditions of the proposed site and subsequently obtaining approval of a plan of operation from the Tribe. The purpose of the feasibility report is to determine whether the site has potential for use as a solid waste disposal facility and to identify any conditions which the applicant must include in the plan of operation. The feasibility report shall be submitted in accordance with § 504-14A.
(2)
For sites for the disposal of only municipal solid waste having a proposed capacity of 30,000 cubic yards or less, an initial site report prepared in accordance with Subsection E(2) shall qualify as a complete feasibility report. Sites for the disposal of industrial or commercial solid waste having a proposed capacity of 30,000 cubic yards or less may utilize the initial site report in lieu of a complete feasibility report depending upon the waste type to be disposed and the disposal location. Such allowance shall be at the discretion of the Tribe. Where an initial site report is utilized in lieu of a complete feasibility report, all of the information specified in Subsection E(2) shall be provided to the Tribe as well as the information required in Subsection F(3)(i).
(3)
For sites other than those describe in Subsection F(2), the feasibility report shall contain, at a minimum, the following information:
(a)
All information specified in Subsection E(2) shall be submitted. Where an initial site report has been submitted this information may be included by reference with additional information addressing Tribe review comments.
(b)
An existing site conditions plan sheet shall
be prepared. This shall be a detailed topographic survey of the area
of investigation. The minimum scale of this plan shall be one inch
equals 200 feet with a maximum two-foot contour interval. All elevations
shall be related to USGS datum. The plan shall indicate the property
boundaries, proposed site boundary, fill area, survey grid and North
arrow, homes, buildings, water supply wells, utility lines, man-made
features, soil boring locations, observation well locations and other
pertinent information.
(c)
Field and laboratory investigations shall be
performed to further define site physical characteristics, including
soils, bedrocks and groundwater. At a minimum, these investigations
shall include:
[1]
Sufficient soil borings to adequately define
the soil, bedrock, and groundwater conditions at the site. Under most
site conditions, five soil borings for the first five acres and three
borings for each additional five acres or portion thereof should be
performed. A lesser number of borings may be made based on specific
site conditions and site design. The borings shall be located in a
grid pattern such that there is a minimum of one boring in each major
geomorphic feature (e.g., ridges, lowlands and drainage swales). All
borings shall extend a minimum of 25 feet below the anticipated site
base grade or to bedrock, whichever is less.
[2]
Where soil conditions permit, soil samples shall
be collected utilizing standard undisturbed soil sampling techniques.
Samples shall not be composited for testing purposes. Soil samples
shall be collected from each soil layer encountered at maximum five-foot
intervals. All soil samples shall be described.
[3]
Boring logs shall be recorded for all borings.
Each log shall include soil and rock descriptions and methods of sampling,
sample depth, date of boring, water level measurements and dates,
and soil test data. All elevations shall be corrected to USGS datum.
[4]
For each major soil layer encountered, at least
three soil samples shall be analyzed for grain size distribution (mechanical
and/or hydrometer as appropriate to the soil type) and classified
according to the unified soil classification system.
[5]
A minimum of three permeability tests shall
be conducted for each major soil layer. At least one of the three
tests shall be performed utilizing in-field testing procedures.
[6]
Soil borings shall be converted to water table
observation wells and well nests in accordance with the following
schedule:
[7]
The construction of each well shall be recorded
on logs. Well log information shall include the elevations of the
ground surface, the bottom of the boring, well seals and screened
interval, and a description of well construction materials.
[8]
Upon completion, each well shall be properly
developed by successive pumpings and back flushings until clear when
soil conditions permit.
[9]
Once developed, all wells shall be pumped and
successive water level measurements shall be made until stabilized
readings are obtained.
[10]
Where public or private wells
are present, stabilized water level readings from these wells may
be required.
[11]
All soil borings and monitoring
wells constructed for the purpose of gathering information for the
feasibility report shall be backfilled with bentonite portland cement
slurry when such borings or wells are abandoned.
(d)
Data shall be presented as follows:
[1]
All raw data such as boring logs, well logs,
soil tests and water level measurements shall be included in the report
appendix.
[2]
A series of geologic cross sections passing
through all borings shall illustrate existing topography, soil borings,
soil classification and other properties, interpreted soil stratigraphy,
bedrock, and well and stabilized water level readings.
[3]
A water table map shall be constructed based
on stabilized water level readings. The existing site conditions plan
shall be used as a base for this map. Seasonal changes in groundwater
levels shall be predicted.
[4]
When more than two well nests have been constructed,
groundwater flow net sections shall be prepared to illustrate horizontal
and vertical flow directions. Where appropriate, this information
may be illustrated on the geologic sections.
(e)
A preliminary water budget shall be prepared
for the periods of time before construction, during active operations
and after site closure. Factors to be considered in preparation of
the water budget are precipitation, evaporation, runoff, infiltration,
evapotranspiration, soil and solid waste moisture holding capacity
and groundwater flow velocities and volume. The water budget information
shall be related to the leachate generation rate and effect of the
site on groundwater water levels and quality.
(f)
The anticipated types, amounts, and characteristics
of the solid waste to be disposed at the site shall be described.
Except for municipal solid waste, the physical and chemical characteristics
of the waste shall be analyzed and described.
(g)
Recommendations on design constraints for development of the site considering all available data shall be made and reasons given for such recommendations. This shall include a discussion of the potential for the site to meet locational requirements in Subsection C. For expansion of existing facilities, the report shall include sufficient information to assess the effectiveness of the existing facility design and operation.
(h)
Based on the conclusions resulting from site
analysis, a proposed site design shall be prepared. This shall consist
of preliminary engineering plans and a general discussion of proposed
operating procedures. This section of the report shall include, at
a minimum, the following information:
[1]
A plan sheet showing proposed access, lateral
extent of filling, and phases of site development. The existing site
conditions map shall be utilized as a base for this sheet.
[2]
A series of north-south and east-west cross
sections showing present topography, proposed base grades and final
grades. This information may be displayed on the geologic sections.
[3]
Preliminary cover balance calculations.
[4]
Proposed methods for leachate and gas control.
[5]
Proposed operating procedures, including covering
frequency, method of site development, method of access control, control
of surface water, screening, and other special design features.
[6]
Proposed groundwater and other monitoring.
[7]
Proposed final use.
[8]
Proposed method of demonstrating financial responsibility
and anticipated long-term care requirements.
(i)
The feasibility report shall also include a
brief discussion of the following:
[1]
The purpose and need for the proposed project
and for the recommended site shall be evaluated.
[2]
The probable adverse and beneficial physical,
biological, social, economic and other impacts of proposed site development
shall be identified and evaluated.
[3]
The probable adverse impacts of site development
that cannot be avoided shall be identified and evaluated.
[4]
The irreversible or irretrievable commitments
of resources if the site is developed as proposed shall be identified
and evaluated.
[5]
The alternatives to the proposed site development
shall be identified and evaluated.
[6]
The direct, indirect and cumulative effects
of the proposed site development shall be identified and evaluated.
(4)
Within 60 days after a feasibility report is submitted,
the Tribe shall notify the applicant in writing whether the report
is complete. If the report is not complete, the Tribe will specify
the information which must be submitted before the report is deemed
complete. The Tribe will determine whether or not the feasibility
report is complete by determining whether or not the minimum requirements
of this subsection have been met. Additional feasibility information
may be required of the applicant after a determination that the feasibility
report is complete only if the Tribe establishes that a detailed review
of the feasibility report indicates that site feasibility cannot be
determined in the absence of such additional information.
(5)
The Tribe may by order require the submittal of any
of the information specified in this section for any existing landfill.
G.
Plan of operation.
(1)
General. No person shall establish or construct a site or facility for the land disposal of solid waste or expand an existing land disposal facility until a plan of operation has been submitted in accordance with § 504-14A and approved in writing by the Tribe, except as otherwise provided herein. No person shall establish, construct, operate, maintain, close, provide long-term care for, or terminate a site or facility for the land disposal of solid waste except in accordance with this section and with the approved plan of operation, if required by this section. Only persons who have obtained a favorable determination of site feasibility from the Tribe may submit a plan of operation for review and approval.
(2)
Content. All plans of operation for land disposal
sites and facilities shall contain complete plans and specifications
necessary for the construction, operation, monitoring, closing, long-term
care and termination of the project and any additional information
the Tribe may require for the analysis of environmental impacts of
the project. Because these documents are to be used for day-to-day
operation of the site, it is imperative that the information be presented
in a manner that is clear and understandable. The plan of operation
shall contain, at a minimum, the following information:
(a)
Engineering plans consisting of the following:
[1]
A title sheet indicating the project title,
who prepared the plans, the person for whom the plans were prepared,
a table of contents, and a location map showing the location of the
site and the area to be served.
[2]
An existing site conditions plan sheet indicating site conditions prior to development. The details and extent of coverage shall be the same as that required for the existing site conditions map in Subsection F(3)(b).
[3]
A base grade plan sheet indicating site base
grades or the appearance of the site if it were excavated in its entirety
to the base elevation, before installation of any engineering modifications
or the beginning of any filling.
[4]
An engineering modifications plan sheet indicating
the appearance of the site after installation of engineering modifications.
More than one plan sheet may be required for complicated sites. This
plan is required only for those sites with engineering modifications.
[5]
A final site topography plan sheet indicating
the appearance of the site at closing, including the details necessary
to prepare the site for long-term care.
[6]
A series of phasing plan sheets showing the
progression of site development through time. At a minimum, a separate
plan shall be provided for initial site preparations and for each
subsequent major phase or new area where substantial site preparation
must be performed. Each such plan shall include a list of construction
items and quantities necessary to prepare the phase indicated.
[7]
A site monitoring plan sheet showing the location
of all devices for the monitoring of leachate production, groundwater
quality and gas production and venting. The plan shall include a table
indicating the parameters to be monitored for and the frequency of
monitoring before and during site development.
[8]
A long-term care plan sheet showing the site
at the completion of closing and indicating those items anticipated
to be performed during the period of long-term care for the site.
The plan shall include a table listing the items and the anticipated
schedule for monitoring and maintenance. In many instances this information
can be presented on the final site topography sheet.
[9]
When applicable, the following information shall
be presented on the plan sheet(s):
[a]
All information required for the existing site conditions map as described in Subsection F(3)(b) unless including this information leads to confusion with the data intended for display. However, in all instances, existing site topography shall be sketched lightly or otherwise indicated on the plan sheets required in Subsection G(2)(a)[3], [4], [5] and [6].
[b]
A survey grid with base lines and
monuments to be used for field control.
[c]
Limits of filling for each major
waste type or fill area.
[d]
All drainage patterns and surface
water drainage control structures both within the actual fill area
and at the site perimeter. Such structures may include berms, ditches,
sedimentation basins, pumps, sumps, culverts, pipes, inlets, velocity
breaks, sodding, erosion matting, or other methods of erosion control.
[e]
The direction and sequence of filling
within each phase.
[f]
Ground surface contours at the
time represented by the drawing. Spot elevations should be indicated
for key features.
[g]
Areas to be cleared and grubbed
and stripped of topsoil.
[h]
Borrow areas for liner materials,
gas venting materials, berms, roadway construction, daily cover and
final cover.
[i]
All soil stockpiles, including
daily and final cover, topsoil, liner material, gas venting materials
and other excavation.
[j]
Access roads and traffic flow patterns
to and within the active fill area.
[k]
All temporary and permanent fencing.
[l]
The methods of screening, such
as berms, vegetation or special fencing.
[m]
Leachate collection, control and
treatment systems, which may include pipes, manholes, trenches, berms,
collection sumps or basins, pumps, risers, liners, and liner splices.
[n]
Gas, leachate and groundwater monitoring
devices and systems.
[o]
Severe weather disposal areas.
[p]
Support buildings, scale, utilities,
gates and signs.
[q]
Special waste handling areas.
[r]
Construction notes and reference
to details.
[s]
Other appropriate site features.
[10]
A series of site cross sections
shall be drawn perpendicular and parallel to the site baseline at
a maximum distance of 500 feet between cross sections and at points
of grade break and important construction features. The location of
the cross sections shall be shown on the appropriate plan sheet(s)
and the section labeled using the site grid system. Where applicable,
each cross section shall show existing and proposed base and final
grades; soil borings and monitoring wells which the section passes
through or is adjacent to; soil types; bedrock and water table leachate
control, collection and monitoring systems; gas venting and monitoring
systems; limits of filling for each major waste type; drainage control
structures; access roads and ramps on the site perimeter and within
the active fill area; the filling sequence or phases; and other appropriate
site features.
[11]
Detailed drawings and typical
sections for, as appropriate, drainage control structures, access
roads, fencing, leachate and gas control systems and monitoring devices,
buildings, signs, and other construction details.
(b)
An operations manual and design report consisting
of the following information:
[1]
The report shall identify the project title;
engineering consultant(s); site owner, licensee and operator; proposed
licensed acreage; site life and capacity; municipalities, industries
and collection and transportation agencies served; waste types and
quantities to be disposed; and any exemptions applied for.
[2]
Specifications for site construction and operation
shall be presented, including detailed instructions to the site operator
for all aspects of site construction and operation. References to
specifications on the plan sheet shall be pointed out as well as additional
instructions included, where appropriate. The specification shall
include, at a minimum, the following information:
[a]
Initial site preparations, including
specifications for clearing and grubbing, topsoil stripping, other
excavations, berm construction, drainage control structures, leachate
collection system, access roads and entrance screening, fencing, groundwater
monitoring and other special design features.
[b]
A plan for initial site preparations,
including a discussion of the field measurements, photographs to be
taken, and sampling and testing procedures to be utilized to verify
that the in-field conditions encountered were the same as those defined
in the feasibility report and to document that the site was constructed
according to the engineering plans and specifications submitted for
tribal approval.
[c]
Daily operations, including a discussion
of the timetable for development, waste types accepted or excluded,
typical waste handling techniques, hours of operation, traffic routing,
drainage and erosion control, windy, wet and cold weather operations,
fire protection equipment, manpower, methods for handling of unusual
waste types, methods for vector, dust and odor control, daily cleanup,
direction of filling, salvaging, recordkeeping, parking for visitors
and employees, monitoring, abandonment of filled areas, gas and leachate
control methods, backup equipment with names and telephone numbers
where equipment may be obtained, and other special design features.
This may be developed as a removable section to improve accessibility
for the site operator.
[d]
Development of subsequent phases
consisting of a discussion of those items in Subsection G(2)(b)[2][a],
[b] and [c] above as they relate to the development of subsequent
phases of the site.
[e]
Site closing information consisting
of a discussion of the anticipated sequence of events for site closing
and a discussion of those actions necessary to prepare the site for
long-term care and final use.
[f]
Long-term care information, including
a discussion of the procedures to be utilized for the inspection and
maintenance of runoff control structures, settlement, erosion damage,
gas and leachate control feasibilities, monitoring for gas, leachate
and groundwater, and other long-term care needs.
[g]
An economic analysis, including
an engineer's cost estimate for the construction of each major phase
of site development, daily operation, site closing and long-term care.
[3]
A design report shall be submitted which shall
include supplemental discussions and design calculations to facilitate
tribal review and provide supplemental information on financial responsibility
and long-term care, including the following information:
[a]
A discussion of the reasoning and
logic behind the design of the major features of the site, such as
traffic routing, base grade and relationships to subsurface conditions,
anticipated waste types and characteristics, phases of development,
liner design, facility monitoring, and similar design features, shall
be provided. A list of the conditions of site development as stated
in the tribal determination of site feasibility and the measures taken
to meet the conditions shall be included. A discussion of all calculations,
such as refuse cover balance computations, stockpile sizing estimates,
estimate of site life and runoff and leachate volume estimates shall
be included. The calculations shall be summarized with the detailed
equations presented in the appendix.
[4]
An appendix shall be submitted which shall include
any additional data not previously presented, calculations, material
specifications, operating agreements, leachate treatment agreements,
documents related to long-term care funding and other appropriate
information.
H.
The Tribe may require that a registered professional
engineer document site construction and render an opinion as to whether
the site has been constructed and/or operated in substantial conformance
with the plan of operation.
I.
Prior to licensing, the owner or operator shall submit
proof that a notation of the existence of the site has been recorded
in the office of the Menominee County Register of Deeds.
J.
Minimum requirements for land disposal site or facility
design and operation. No person shall operate or maintain a new or
existing land disposal site or facility except in conformance with
any approved plan of operation and the following minimum requirements:
(1)
Open burning shall be controlled and confined to as
small an area as possible.
(2)
No solid waste shall be deposited in such a manner
that the solid waste or leachings therefrom will have a detrimental
effect on any groundwater or surface water.
(3)
Deposition of solid waste shall be confined to as
small an area as practical.
(4)
The deposition and active area shall be provided with
facilities to confine windblown material within that area.
(5)
At the conclusion of each day of operation, all windblown
material shall be collected, returned to the deposition area, and
properly disposed of in accordance with the provisions of this section,
unless the operator establishes, to the satisfaction of the Tribe,
that all the following criteria are satisfied:
(a)
All windblown material cannot be collected using
reasonable efforts because of conditions beyond the control of the
operator.
(b)
The operator has collected and properly disposed
of all windblown materials which can be collected using such reasonable
efforts.
(c)
Nuisance conditions do not exist.
(6)
To provide for maximum compaction, each single layer
of municipal solid waste shall be spread and compacted in two-foot
layers.
(7)
All solid waste shall be compacted and covered at
the end of each operating day with a compacted layer of six inches
of soil, except that the Tribe may grant an exemption in writing for
less frequent covering if the following criteria are satisfied:
(a)
All portions of the licensed operation shall
be greater than 1/4 mile from any residence or place of public gathering
or written consent shall be obtained from all residents and proprietors
living within 1/4 mile of the operation at the time the site is initially
licensed.
(b)
Potential nuisance conditions shall not be created.
(c)
The solid waste shall be compacted and covered
with at least six inches of soil no less frequently than once per
month.
(8)
Surface water drainage shall be diverted away from
the working area and off of the landfill operation.
(9)
Putrescible materials such as spoiled food and animal
carcasses shall be disposed of in a pit separate from the main disposal
area and be marked clearly by a sign indicating "animal waste" and
"spoiled food waste." These wastes shall be covered daily with soil
and compacted.
(10)
Access to the facility shall be restricted through
the use of fencing, natural barriers, or other methods approved in
writing by the Tribe.
(11)
Effective means shall be taken to limit access
to the active disposal area to minimize exposure of the public to
hazards.
(12)
Effective means shall be taken to control flies,
rodents, and other insects and vermin.
(13)
All access roads to the active area of the operation
shall be of all-weather construction and shall be maintained in good
condition.
(14)
Equipment shall be provided to control accidental
fires, and arrangements shall be made with the local fire protection
agency to acquire its services when needed.
(15)
An attendant shall be on duty at the operation
at all times while it is open for public use.
(16)
A gate shall be provided at the entrance to
the operation and it shall be kept locked when an attendant is not
on duty.
(17)
The gate area shall be policed at the beginning
of each day of operation to remove any solid waste which may have
been indiscriminately dumped during periods when the site was closed.
(18)
A sign, acceptable to the Tribe, shall be posted
at the entrance to the operation of any site operated for public use
which indicates the name, license number, and hours of use of the
operation, penalty for unauthorized use, necessary safety precautions,
and any other pertinent information. The sign shall contain the phrase
"Indiscriminate dumping at gate or entrance of landfill by any person
will result in penalties enforceable by Menominee Tribal Courts under
littering regulations."
(19)
The site shall be surrounded with rapidly growing
trees, shrubbery, fencing, or other appropriate means to screen it
from the surrounding area and to provide a windbreak.
(20)
Effective means shall be utilized to prevent
the migration of explosive gases from within the limits of waste fill.
At no time shall the concentration of explosive gases in any facility
structures (excluding gas control or recovery system components) or
in the soil at or beyond the site property boundary exceed the lower
explosive limit for such gases.
(21)
Any area to be utilized for the disposal of
solid waste or borrow areas shall first be stripped of all topsoil
and the topsoil shall be stockpiled to ensure that adequate amounts
are available for closure.
(22)
Effective means shall be taken to control dust
resulting from site operation.
(23)
All soil borings and monitoring wells shall
be backfilled with a benconite portland cement slurry when such borings
or wells are abandoned.
(25)
Site closure shall be accomplished in accordance with the approved plan of operation and in accordance with Subsection L.
(26)
Scavenging within the active disposal area is
prohibited when such activity interferes with site operations.
(27)
Provisions for backup equipment in the event
of operating equipment breakdown shall be made.
(28)
All topsoil within the site construction limits
shall be salvaged and stored on site in a nuisance-free manner for
use in site closure.
(29)
Provisions shall be made for leachate treatment
for all sites designed to contain and collect leachate.
(30)
Only waste types and sources listed on the license
or otherwise approved by the Tribe in writing shall be accepted for
disposal.
(31)
All access roads shall be constructed with a
maximum grade no greater than 10%. The intersection of the access
road with an existing highway shall be designed to provide sufficient
sight distance and provide for minimum interference with traffic on
existing highways.
(32)
All surface water drainage ditches, culverts
and other drainage control structures shall be designed for a ten-year,
twenty-four-hour rainfall event as defined in § NR 205.05,
Wis. Adm. Code.
(33)
All base grades shall be designed and constructed
with a minimum slope of 1%.
(34)
The final slopes of a completed land disposal
site or facility shall be no less than 2% and no greater than three
horizontal to one vertical unless the site or facility is specifically
designed for a final use compatible with other slopes which have been
approved by the Tribe.
(35)
All sites shall have a final cover designed
to minimize infiltration and subsequent leachate production.
(36)
A minimum separation distance of 100 feet shall
be maintained between the limits of waste filling and adjacent property.
K.
Monitoring. The Tribe shall require the owner or operator
of any land disposal site or facility, or any person who permits the
use of property for such purpose, to conduct monitoring of groundwater,
leachate, gas, surface water, or other physical features.
(1)
Groundwater and leachate monitoring. The Tribe shall
require the installation of groundwater and leachate monitoring wells,
lysimeters, moisture probes, and similar devices, and water quality
sampling and analysis programs to detect the effects of leachate on
groundwater. The location of such monitoring devices shall be in approved
in writing by the Tribe.
(a)
The number of required wells shall be approved
by the Tribe based on the site size, waste type(s), site design and
the hydrogeologic and geologic setting of the site. Unless otherwise
specified by the Tribe, the minimum number of monitoring wells shall
be two upgradient wells, four downgradient wells and two well nests.
(b)
Water level measurements and sampling of monitoring
wells shall be accomplished in accordance with the schedule set forth
in the plan of operation. This schedule may very depending on site
geology, hydrogeology and design. Sampling and test schedules for
other groundwater monitoring devices shall be approved by the Tribe.
The results of all water elevation measurement and sampling shall
be reported to the Tribe within 10 days of sampling. All data shall
be submitted on forms supplied by the Tribe. Unless otherwise specified
by the Tribe, the minimum frequency shall be that listed in Table
2.[1]
[1]
Editor's Note: Table 2 is included at the end of this chapter.
(c)
The methods of groundwater and leachate sample
collection, preservation, and analysis shall be accomplished in accordance
with Standard Methods for the Examination of Water and Wastewater
or other methods approved in writing by the Tribe.
(d)
All monitoring wells shall be constructed utilizing
a minimum two-inch inside diameter PVC pipe with threaded joints or
similar inert material.
(e)
The Tribe shall require the operator to sample
public or private wells as part of a regular monitoring program if
private wells are within 200 feet of a solid waste site.
(f)
If for any reason a monitoring well or other
monitoring device is destroyed or otherwise fails to properly function,
the site operator shall immediately notify the Tribe in writing. All
such devices shall be properly abandoned and replaced with a functioning
device within 45 days of notification to the Tribe unless the operator
is notified otherwise in writing by the Tribe.
(g)
Sampling parameters shall be in accordance with
Table 3[2] unless otherwise specified by the Tribe. The physical
appearance of the water sample, including odor, color and turbidity,
at the time of sampling shall be recorded.
[2]
Editor's Note: Table 3 is included at the end of this chapter.
(h)
No person shall begin filling operations at
a new solid waste disposal site or facility until background groundwater
quality in accordance with the parameters in Table 3 has been determined
and results of such analysis submitted to the Tribe.
(2)
Gas monitoring. The Tribe shall require the installation
of gas monitoring devices and sampling and analysis programs for protection
against potential detrimental effects of gas production. Sample collection
and analysis techniques shall be in accordance with Standard Methods.
(3)
Surface water monitoring. The Tribe shall require
monitoring of surface water runoff, leachate seeps, sump pumpings,
sedimentation ponds and other surface water discharges resulting from
site operation and of surface waters which may be affected by such
discharges. Sampling times and parameters shall be as specified by
the Tribe.
(4)
Monitoring of physical features. The Tribe shall require
monitoring of air quality, landfill settlement, berm stability, vegetation
growth, drainage control structures, or other aspects of site operation.
(5)
Operations reports. The Tribe may request the owner
or operator of any land disposal site or facility or any person who
permits the use of property for such purpose to submit an operations
report to assess the effectiveness and environmental acceptability
of site operations. The contents of the report shall include a discussion
and analysis of entrance and access roads, windblown debris, confinement
of active area, analysis of gas and leachate and other monitoring,
cover to refuse ratios, surface water control and erosion control,
revegetation, settlement, volume utilized, site users, leachate quantity
and quality, slope stability, equipment performance and volume and
type of waste accepted.
L.
Closure. Any person who maintains or operates a land
disposal site or facility or who permits use of property for such
purpose shall, when the fill area or a portion thereof reaches final
grade, or when the Tribe determines that closure is required, cease
to accept waste and close the site or portion thereof in accordance
with any plan approval issued by the Tribe and the following minimum
practices:
(1)
At least 20 days prior to the closing of the site,
the owner or operator shall notify the Tribe in writing of intent
to close the site. At the same time or preferably prior of this date,
the owner or operator shall notify all users of the facility of intent
to close the site.
(2)
Within 10 days after ceasing to accept waste, the
following shall be accomplished at a minimum:
(a)
Access shall be restricted by the use of gates,
fencing or other appropriate means to ensure against further use of
the site. In the event that the final site use allows access, such
access shall be restricted until site closure has been completed and
approved by the Tribe.
(b)
Notification of closure shall be posted at the
gate by proper signs indicating date of closure and alternative disposal
site(s).
(c)
Notice shall be published in the local and tribal
newspaper and a copy of the notice shall be provided to the Tribe
within 10 days of the date of publication.
(3)
Within 60 days after ceasing to accept waste, closure
shall be accomplished in the following manner:
(a)
The entire area previously used for disposal
purposes shall be covered with at least three feet of compacted earth
sloped adequately to allow surface water runoff. A specific soil type
may be required by the Tribe for this three-foot layer. Fine grain
soils should be utilized to minimize infiltration. Top slopes shall
be no less than 2%. Side slopes shall be no steeper than 33%.
(b)
Surface water shall be diverted to limit potential
for erosion and sedimentation. Wherever possible, surface water shall
be diverted around previously filled areas, and drainage shall be
conveyed by clay-lined drainage swales having a minimum depth of two
feet.
(c)
The finished surface of the filled area shall
be covered with a minimum of eight inches of topsoil.
(4)
Within 90 days after ceasing to accept waste, seeding,
fertilizing and mulching of the finished surface shall be accomplished
in accordance with the site final use. The seed type and amount of
fertilizer shall be selected depending on the type and quality of
topsoil and compatibility with native vegetation.
(5)
Following closure of the land disposal site, the site
shall be inspected and maintained by the owner or operator until it
becomes stabilized or until the responsibility of the owner or operator
terminates in accordance with the plan approval. The Tribe shall require
installation of groundwater and leachate monitoring wells or other
devices, groundwater and leachate quality sampling and analysis programs,
gas monitoring and sampling and provisions for the protection against
detrimental effects of leachate and gas migration from any land disposal
site.
A.
General. No person shall operate or maintain a solid waste land spreading site or facility within the exterior boundaries of the Menominee Reservation except as otherwise provided in Subsection B.
B.
Exemptions. The following land spreading sites and
facilities are exempt from the requirements of this section but must
be developed, operated and maintained in a safe, nuisance-free manner.
(1)
Sites used for the land spreading of nonhazardous
putrescible waste and septage from a single family or household, a
member of which is the owner, occupant, or lessee of the property
used for solid waste disposal.
(2)
Farms on which only nonhazardous agricultural solid
wastes resulting from the operation of a farm, including farm animal
manure, are disposed.
(3)
Sites used for the land spreading of whey, provided
that the whey is applied as a soil conditioner or fertilizer in accordance
with accepted agricultural practices.
A.
ACTUAL DOLLAR PAYMENTS
CERTIFICATE OF DEPOSIT
CLOSURE PERIOD
EQUAL ANNUAL OUTPAYMENTS
INTEREST BEARING ACCOUNTS
NON-INTEREST-BEARING ACCOUNTS
REAL DOLLAR INPAYMENTS
UNEQUAL ANNUAL OUTPAYMENTS
UNITED STATES GOVERNMENT SECURITIES
Definitions. As used in this section, the following
terms shall have the meanings indicated:
Equal annual payments made by the facility owner into a long-term
care account.
A certificate issued by a bank or financial institution acknowledging
receipt of a specified sum of money in a special kind of time deposit,
drawing interest and requiring written notice for withdrawal.
The ninety-day period after the facility ceases to accept
waste, unless otherwise specified in the approved plan of operation.
Estimated payments for long-term care which are the same
amount in each year of the period of owner responsibility for the
long-term care of the facility.
Escrow, trust accounts or cash deposits with the department.
Letters of credit, performance bonds or forfeiture bonds.
Payments made by the facility owner, which increase over
each year at the rate of inflation, into a long-term care account.
Estimated payments for long-term care which are higher in
the early years of the period of owner responsibility for long-term
care than they are later in the long-term care period after the facility
has stabilized.
Includes treasury bills, treasury bonds, treasury certificates,
treasury notes, and treasury stocks guaranteed by the federal government.
B.
Applicability.
(1)
Closure. The owner of a site or facility for the land
disposal of solid waste shall submit, as part of the initial operating
license application and annually thereafter for the period of active
facility life, proof of financial responsibility to ensure compliance
with the closure requirements of the facility's approval plan of operation.
(2)
Long-term care. The owner of a site or facility for
the disposal of solid waste shall be responsible for the long-term
care of the facility for either 20 or 30 years after facility closure,
unless the owner's responsibility is terminated earlier by approval
from the Tribe. An owner responsible for long-term care shall specify
at the time of submittal of the plan of operation whether the owner
chooses to be responsible for 20 years, subject to tribal approval,
or 30 years and shall submit, as part of the initial operating license
application and annually thereafter for the period of active facility
life, proof of financial responsibility to ensure compliance with
the long-term care requirements of the plan of operation.
(3)
Successors in interest. Any person acquiring rights
of ownership, possession or operation of a licensed facility shall
be subject to all requirements of the license for the facility and
shall provide any required proof of financial responsibility to the
Tribe in accordance with this section. The previous owner is responsible
for closure and long-term care and shall maintain any required proof
of financial responsibility until the person acquiring ownership,
possession or operation of the facility establishes any required proof
of financial responsibility.
C.
Methods of providing proof of financial responsibility.
Financial assurances for closure and long-term care shall be established
separately. The owner shall specify, as part of the plan of operation
submittal, which method of providing proof of financial responsibility
will be used for closure and for long-term care. To provide proof
of financial responsibility the applicant shall use one of the following
methods for each account:
(1)
Performance or forfeiture bond.
(a)
If the owner chooses to submit a bond, it shall be in the amount determined according to Subsection E(2) and conditioned upon faithful performance by the owner and successor in interest of all closure requirements of the approved plan of operation or, if no approved plan of operation exists for the site, all applicable requirements in Subsection G. The bond shall be delivered to the Tribe as part of an initial operating license application. Bond forms shall be supplied by the Tribe.
(b)
Bonds shall be issued by a surety company authorized to do surety business in Wisconsin. At the option of the owner, a performance bond or a forfeiture bond may be filed and the Tribe shall be the obligee of the bond. Surety companies may have the opportunity to complete the closure of the site in lieu of cash payment to the Tribe if the owner or any successor in interest fails to carry out the closure requirements of the approved plan of operation, or the applicable requirements in § 504-20L. The Tribe shall mail notification of its intent to use the funds for that purpose to last known address for the owner.
(c)
Each bond shall provide that as long as any
obligation of the owner for closure remains, the bond may not be cancelled
by the surety, unless a replacement bond or other proof of financial
responsibility under this subsection is provided to the Tribe by the
owner. If the surety proposes to cancel such a bond, the surety shall
provide notice to the Tribe in writing by registered or certified
mail not less than 90 days prior to the proposed cancellation date.
Not less than 30 days prior to the expiration of the ninety-day notice
period, the owner shall deliver to the Tribe a replacement bond or
other proof of financial responsibility under this subsection, in
the absence of which all generation, recycling and accumulation operations
shall immediately cease, and the bond shall remain in effect as long
as any obligation of the owner remains for closure.
(d)
If the surety company becomes bankrupt or insolvent
or its authorization to do business in the state is revoked or suspended,
the owner shall, within 30 days after receiving written notice thereof,
deliver to the Tribe a replacement bond or other proof of financial
responsibility under this subsection, in the absence of which all
generation, recycling and accumulation operation shall immediately
cease, and the bond shall remain in effect as long as any obligation
of the owner remains for closure.
(2)
Deposit with the Tribe. An owner may deposit cash, certificates of deposit, or United States government securities with the Tribe. The amount of the deposit shall be determined according to Subsection E(1) and shall be submitted as part of an initial operating license application. Cash deposits placed with the Tribe shall be segregated and invested in an interest-bearing account. All interest pavements shall be accumulated in the account. The Tribe shall have the right to use part or all of the funds to carry out the closure or requirements of the approved plan of operation or the applicable requirements in § 504-20L if the owner fails to do so. The Tribe shall mail notification of its intent to use funds for that purpose to the last known address of the owner.
(3)
Escrow account. If the owner establishes an escrow account, it shall be with a bank or financial institution located within the State of Wisconsin which is examined and regulated by the state or a federal agency and in the amount determined according to Subsection E(1). The assets in the escrow account shall consist of cash, certificates of deposit, or United States government securities. All interest payments shall be accumulated in the account. A duplicate original of the escrow agreement with original signatures shall be submitted to the Tribe as part of an initial operating license application. Escrow account forms shall be supplied by the Tribe. The Tribe shall be a party to the escrow agreement, which shall provide that there shall be no withdrawals from the escrow account except as authorized in writing by the Tribe. The escrow agreement shall further provide that the Tribe shall have the right to withdraw and use part or all of the funds in the escrow account to carry out the closure or requirements of the approved plan of operation or the applicable requirements in § 504-20L if the owner fails to do so. The Tribe shall mail notification of its intent to use funds for that purpose to the last known address of the owner.
(4)
Irrevocable trust. If the owner creates an irrevocable trust, it shall be exclusively for the purpose of ensuring that the owner or any successor in interest will comply with the closure requirements of the approved plan of operation or, if no approved plan of operation exists for the facility, the applicable requirements in § 504-20L. The trust agreement shall designate the Tribe as sole beneficiary. The trustee shall be a bank or other financial institution located within the State of Wisconsin which has the authority to act as a trustee and whose trust operations are regulated and examined by the state or a federal agency. The trust corpus shall consist of cash, certificates of deposit or United States government securities in the amount determined according to Subsection E(1). All interest payments shall be accumulated in the account. A duplicate original of the trust agreement with original signatures shall be submitted to the Tribe for approval as part of an initial operating license application. Trust forms shall be supplied by the Tribe. The trust agreement shall provide that there shall be no withdrawals from the trust fund except as authorized by the Tribe. The trust agreement shall further provide that sufficient monies shall be paid from the trust fund to the beneficiary in the event that the owner or any successor in interest fails to complete the closure requirements of the approved plan of operation or, if no approved plan of operation exists for the facility, the applicable requirements in § 504-20L. The Tribe shall mail notifications of its intent to use funds for that purpose to the last known address of the owner.
(5)
Letter of credit.
(a)
If the owner chooses to submit a letter of credit, it shall be in the amount determined according to Subsection E(2) and conditioned upon faithful performance by the owner and any successor in interest of all closure requirements of the approved plan of operation or, if no approved plan of operation exists for the facility, the applicable requirements in § 504-20L. The original letter of credit shall be delivered to the Tribe as part of an initial operating license application. Letter of credit forms shall be supplied by the Tribe.
(b)
Letters of credit shall be issued by a bank
or financial institution which is examined and regulated by a federal
agency or, in the case of a bank or financial institution located
within the State of Wisconsin, which is examined and regulated by
a state agency. The Tribe shall be the beneficiary of the letter of
credit.[1]
(c)
Each letter of credit shall provide that as
long as any obligation of the owner for closure remains, the letter
of credit may not be cancelled by the bank or financial institution
unless a replacement letter of credit or other proof of financial
responsibility under this subsection is provided to the Tribe by the
owner. The bank or financial institution shall provide notice to the
Tribe in writing by registered or certified mail not less than 90
days prior to the proposed cancellation date. Not less than 30 days
prior to the expiration date of the ninety-day notice period, the
owner shall deliver to the Tribe a replacement letter of credit or
other proof of financial responsibility under this subsection, in
the absence of which all landfilling operations shall immediately
cease, and the letter of credit shall remain in effect as long as
any obligation of the owner remains for closure.
(d)
If the bank or financial institution becomes
bankrupt or insolvent or if its authorization to do business is revoked
or suspended, the owner shall, within 30 days upon receiving written
notice thereof, deliver to the Tribe a replacement letter of credit
or other proof of financial responsibility under this subsection,
in the absence of which all landfilling operations shall immediately
cease, and the letter of credit shall remain in effect as long as
any obligation of the owner remains for closure.
(e)
The letter of credit shall further provide that the Tribe shall have the right to withdraw and use part or all of the funds to carry out the closure requirements of the plan of operation or the applicable requirements in § 504-20L if the owner fails to do so. The Tribe shall mail notification of its intent to use the funds for that purpose to the last known address of the owner.
(6)
Insurance.
(a)
If the owner chooses to submit an insurance policy for closure, it shall be issued for the maximum risk limit determined according to Subsection E(3). A certificate of insurance shall be delivered to the Tribe as part of an initial operating license application. Certificates of insurance shall be supplied by the Tribe.
(b)
At a minimum the agent or broker shall be licensed
as a surplus lines insurance agent or broker. The Tribe shall determine
the acceptability of a surplus lines insurance company to provide
coverage for proof of financial responsibility. The Tribe shall be
the beneficiary of the insurance policy.
(c)
The insurance policy shall provide that, as
long as any obligation of the owner for closure remains, the insurance
policy shall not be cancelled by the insurer, unless a replacement
insurance policy or other proof of financial responsibility under
this subsection is provided to the Tribe by the owner. If the insurer
proposes to cancel such an insurance policy, the insurer shall provide
notice to the Tribe in writing by registered or certified mail not
less than 90 days prior to the proposed cancellation date. Not less
than 30 days prior to the expiration of the ninety-day notice period,
the owner shall deliver to the Tribe a replacement insurance policy
or other proof of financial responsibility under this subsection,
in the absence of which all landfilling operations shall immediately
cease, and the policy shall remain in effect as long as any obligation
of the owner remains for closure.
(d)
If the insurance company becomes bankrupt or
insolvent the owner shall, within 30 days after receiving written
notice thereof, deliver to the Tribe a replacement insurance policy
or other proof of financial responsibility under this subsection,
in the absence of which all operations shall immediately cease, and
the policy shall remain in effect as long as any obligation of the
owner remains for closure.
(e)
The insurance policy shall further provide that funds, up to an amount equal to the maximum risk limit of the policy, will be available to the Tribe to carry out the closure requirements of the approved plan of operation or, if no approved plan of operation exists, all applicable requirements in § 504-20L if the owner fails to do so. The Tribe shall mail notification of its intent to use the funds for that purpose to the last known address of the owner.
(f)
Each insurance policy shall contain a provision
allowing assignment of the policy to a successor owner or operator.
Such assignment may be conditioned upon the consent of the insurer,
provided that such consent is not unreasonably refused.
(7)
Other methods. The Tribe shall consider other financial commitments made payable to or established for the benefit of the Tribe to ensure that the owner or operator will comply with the closure requirements for the approved plan of operation or, if no approved plan of operation exists for the facility, the applicable requirements in § 504-20L. The Tribe shall review the request of any owner or operator to establish proof of financial responsibility under this subsection. The owner shall submit the request and all supporting information as part of the plan of operation.
D.
Cost estimates.
(1)
For the purpose of determining the amount of proof financial responsibility that is required in Subsection C, the owner shall estimate the total cost of closure for the point in time in the facility's operation when the extent and manner of its operation make closure most expensive, estimate the annual cost of long-term care of the facility for the period of owner responsibility and submit the estimated closure and long-term care costs together with all necessary justification to the Tribe for approval as part of the plan of operation submittal. The cost shall be based on a third party performing the work and report on a per-unit basis. The source of estimates shall be included.
(2)
At a minimum, closure costs shall include cover material,
topsoil, seeding, fertilizing, mulching and labor.
(3)
At a minimum, long-term care cost shall include land
surface care; monitoring; leachate pumping, transportation, monitoring
and treatment; and groundwater monitoring, collection and analysis.
(4)
The estimated rate of inflation shall be the latest
percent change in the annual gross national product implicit price
deflator published in the survey of current business by the Bureau
of Economic Analysis, United States Department of Commerce.
(5)
The estimated annual rate of interest shall be the
rate specified by the financial institution managing the fund or deposit.
E.
Formulas for calculating the amount of the proof of
financial responsibility. The owner shall, as part of the plan of
operation submittal, perform the calculations of the formula for the
chosen method of providing proof of financial responsibility for closure
and for long-term care.
(1)
Deposits in escrow, trust or tribal accounts. The
formula for closure shall be:
|
D = C
|
(1 + f)
(1 + i)
|
|
In which:
| ||||
|---|---|---|---|---|
|
D
|
=
|
The unknown deposit for closure.
| ||
|
C
|
=
|
The estimated cost of closure.
| ||
|
f
|
=
|
The estimated annual rate of information.
| ||
|
i
|
=
|
The estimated annual rate of interest.
| ||
F.
Changing methods of proof of financial responsibility. The owner of a solid waste land disposal facility may change from one method of providing proof of financial responsibility under Subsection C to another, but not more than once per year. A change may only be made on the anniversary of the submittal of the original method of providing proof of financial responsibility.
G.
Adjustment of financial responsibility. The owner
of a facility for the land disposal of solid waste shall prepare a
new closure cost estimate whenever a substantial change in the closure
plan affects the cost of closure and a new long-term care cost requirement
in the approved plan of operation affects the cost of long-term care.
Proof of the increase in the amount of all bonds, letters of credit,
escrow accounts and trust accounts, or other approved methods established
under this section shall be submitted annually to the Tribe. The Tribe
may adjust the amount of the required proof of financial responsibility
for closure or long-term care based upon prevailing or projected interest
and inflation rates and the latest cost estimates and may annually
require the owner to adjust the amount of proof of financial responsibility
accordingly.
H.
Access and default. Whenever, on the basis of any
reliable information and after opportunity for a hearing, the Tribe
determines that an owner or operator of a solid waste land disposal
facility is in violation of any of the requirements for closure or
long-term care specified in the approved plan of operation, the Tribe
shall have the right to enter upon the facility and carry out the
closure or long-term care requirements. The Tribe may use part or
all the money deposited with it, or the money deposited in escrow
or trust accounts, or performance or forfeiture bonds, or letters
of credit, or funds accumulated under other approved methods to carry
out the closure or long-term care requirements.
I.
Authorization to release funds.
(1)
Closure. When an owner or operator has completed closure,
the owner may apply to the Tribe for release of the bond, insurance
or the letter of credit or return of the money held on deposit, in
escrow, or in trust for closure of the facility. The application shall
be accompanied by an itemized list of costs incurred. Upon determination
by the Tribe that complete closure has been accomplished, the Tribe
shall authorize in writing the release and return of all funds accumulated
in such accounts or give written permission for cancellation of the
bond or letter of credit. Determination shall be made within 90 days
of the application.
(2)
Long-term care. One year after closure, and annually
thereafter for the period of owner responsibility, the owner who has
carried out all necessary long-term care during the preceding year
may make application to the Tribe for reimbursement from an escrow
account, trust account, or deposit with the Tribe, or other approved
methods, or for reduction of the bond, insurance or letter of credit
equal to the estimated costs for long-term care for that year. The
application shall be accompanied by an itemized list of cost incurred.
Upon determination that the expenditures incurred are in accordance
with the long-term care requirement anticipated in the approved plan
of operation, the Tribe may authorize, in writing, the release of
the funds or approve a reduction in the bond or letter of credit.
Prior to authorizing a release of the funds or a reduction of the
bond or letter of credit, the Tribe shall determine that adequate
funds exist to complete required long-term care work for the remaining
period of owner responsibility. Determination shall be made within
90 days of the application. Any funds remaining in an escrow account,
trust, account, or on deposit with the Tribe at the termination of
the period of owner responsibility shall be released to the owner.
A.
General. No person shall operate or maintain a salvage
yard unless the person has obtained an operating license from the
Tribe.
B.
Locational criteria. No person shall establish, operate,
maintain or permit the use of property for a new salvage yard or expand
an existing salvage yard within the following areas:
(1)
Within 1,000 feet of any navigable lake, pond or flowage.
(2)
Within 300 feet of a navigable river or stream.
(3)
Within a floodplain.
(4)
Within an area from which the Tribe after investigation
finds there is a reasonable probability that solid waste or leachings
therefrom may have a detrimental effect on any surface water.
(5)
Within an area from which the Tribe after investigation
finds there is a reasonable probability that solid waste or leachings
therefrom may have a detrimental effect on groundwater quality.
(6)
Within 1,000 feet of the nearest edge of the right-of-way
of any interstate or federal aid primary highway or the boundary of
any public park, unless the site is screened by natural objects, plantings,
fences, or other appropriate means so as not be visible from the highway
or park.
(7)
Within wetlands.
(8)
Within a critical habitat area.
C.
Plan of operation. No person shall establish a new
salvage yard or expand an existing salvage yard until a plan of operation
has been submitted to and approved by the Tribe in writing. The plan
of operation shall include at a minimum the following: a map or aerial
photograph of the area showing land use and zoning within 1/4 mile
of the salvage yard boundaries. The map or aerial photograph shall
be of sufficient scale to show all salvage yard boundaries, all homes,
industrial buildings, roads, watercourses, and other applicable details.
All such details, plus the topography, and direction shall be identified
and indicated on the map or aerial photograph.
Any person who violates this article or any rule promulgated or any plan approval, license or special order issued under this article shall forfeit not less than $100 nor more than $5,000 for each violation. Initial violations under §§ 504-20K and 504-21 shall carry a minimum penalty of $250; all other initial offenses shall carry a minimum penalty of $100. Second offenses under §§ 504-20K and 504-21 shall carry a minimum penalty of $750; all other second offenses shall carry a minimum penalty of $500. Third offenses under §§ 504-20K and 504-21 shall carry a minimum penalty of $2,500; all other third offenses shall carry a minimum penalty of $1,000. Subsequent violations shall result in penalties not to exceed $5,000. Each day of continued violation is a separate offense. While the order is suspended, stayed or enjoined, this penalty shall not accrue.
