Chapter 11.40
SOLID WASTE

Sections:

11.40.010    Short title and definitions.

11.40.020    Tribe’s inherent sovereign power to manage and regulate solid waste.

11.40.030    Purposes of the solid waste and illegal dumping ordinance.

11.40.040    Nonmembers, the Tribe, and Tribal members.

11.40.050    Applicability of the solid waste and illegal dumping ordinance.

11.40.060    Definitions.

11.40.070    Prohibition of dumping of solid waste.

11.40.080    Tribally provided waste receptacles.

11.40.090    Prohibition of hazardous waste.

11.40.100    Household hazardous waste.

11.40.110    Compliance monitoring.

11.40.120    Enforcement.

11.40.010 Short title and definitions.

This code shall be known as the Confederated Tribes of the Chehalis Reservation’s Solid Waste and Illegal Dumping Ordinance (herein “this chapter”). [Res. 2011-020; Res. 2009-0145. Prior code § 7.5.1.010.]

11.40.020 Tribe’s inherent sovereign power to manage and regulate solid waste.

The power to manage and regulate the storage, collection, transportation, handling, treatment and disposal of solid waste on all lands over which the Chehalis Tribe exercises jurisdiction (herein “Tribal lands”) inherently resides within the retained sovereign power of the Chehalis Tribe.

This chapter is enacted pursuant to the sovereign Tribal powers expressly delegated to the Business Committee in the Tribe’s Constitution. [Res. 2016-17; Res. 2011-020; Res. 2009-0145. Prior code § 7.5.1.020.]

11.40.030 Purposes of the solid waste and illegal dumping ordinance.

The purposes of this chapter are to:

A. Protect the health and safety of Tribal members and all other persons within Tribal lands;

B. Protect the cultural, social and economic stability of residential, agricultural, commercial, industrial, forest, riparian, and environmentally sensitive lands within Tribal lands;

C. Protect the historical and cultural values and traditions of the Tribe, the Reservation as a permanent Tribal homeland, and the aboriginal character of Tribal lands;

D. Protect air, water, and land from solid and hazardous waste pollution, including contamination of the Tribe’s aquifers, ground waters, surface waters, drinking water supplies, and all other natural resources;

E. Prevent the deterioration of the environment, standard of living, quality of life, welfare and well-being of all persons within Tribal lands; and

F. Provide and promote Tribal environmental protection and services within Tribal lands, and to regulate environmental activities under principles of Tribal sovereignty. [Res. 2016-17; Res. 2011-020; Res. 2009-0145. Prior code § 7.5.1.040.]

11.40.040 Nonmembers, the Tribe, and Tribal members.

Any person who is not a member of the Tribe who uses Tribal lands, including but not limited to land anywhere within the exterior boundaries of the Reservation, whether trust or nontrust land, enters into consensual relationships with the Tribe or its members through commercial dealings, contracts, leases, or other arrangements is subject to this chapter. Such person’s use of land involving the storage, collection, transportation, and disposal of solid waste will have a demonstrably serious impact upon the environment, natural resources, public health, safety, welfare, political integrity, and economic security of the Tribe, and its members, unless such use is in compliance with the provisions of this chapter, and any rules or regulations promulgated thereunder. [Res. 2016-17; Res. 2011-020; Res. 2009-0145. Prior code § 7.5.1.050.]

11.40.050 Applicability of the solid waste and illegal dumping ordinance.

Any person who is anywhere within the Tribe’s jurisdiction, whether on trust or nontrust lands, agrees to comply with, and is subject to this chapter and any rules or regulations, all Tribal laws, and all orders of the Tribal Court. All such persons shall have consented to the civil jurisdiction of the Tribal Court (herein “the Tribal Court”), and shall be subject to civil prosecution, civil penalties, civil damages, or any other civil remedies imposed or awarded by the Tribal Court for any violations of this chapter, or any rules or regulations promulgated thereunder. [Res. 2016-17; Res. 2011-020; Res. 2009-0145. Prior code § 7.5.1.060.]

11.40.060 Definitions.

For the purposes of this chapter:

“Community members” means any Chehalis Tribal member and their family members.

“Construction/demolition debris” means any discarded construction or demolition materials including, but not limited to, treated or untreated lumber, paneling, drywall, roofing, shingles, siding, plumbing and electrical components, doors, windows, floor coverings and cabinets.

“Director” means the Director of the Chehalis Tribe Natural Resources Department.

“Discarding” means to abandon, deposit, desert, discharge, dispose, drop, dump, eliminate, emit, jettison, leave, pitch, place, put, scrap, spill, throw or toss any item, and solid waste or derivative thereof, of any inherently waste-like material in a manner such that the discarded substance remains upon the land as solid waste.

“Disposal” means the discharge, deposit, injection, dumping, spilling, leaking, or placing of any solid waste or hazardous waste into or on any land or water so that such solid waste or hazardous waste or any constituent thereof may enter the environment, or contaminate soils, or be emitted into the air, or discharged into any waters, including surface waters or ground waters.

“Dumping” means:

1. The discarding or long-term storage of any items of solid waste commonly known as garbage, rubbish, refuse, construction and demolition debris, household trash, appliances, diapers, food service wastes, tires, scrap metal, vehicle parts, implement parts, fence wire and all other items and materials defined as “solid waste.”

2. The discarding of any vehicles that do not have value beyond scrap value and that are inoperable and unlicensed or that are considered abandoned due to the surrounding conditions.

“Hazardous waste” means any waste substance, material, smoke, gas, particulate matter, or combination thereof that:

1. Because of its quantity, concentration, or physical, chemical, or infectious characteristics, may either cause or significantly contribute to an increase in mortality or serious irreversible or incapacitating illness, or pose a substantial present or potential hazard to human health, living organisms, or the environment when improperly handled, treated, stored, transported, or disposed of; or

2. Is specifically defined to be hazardous or toxic by the Federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980, or the Resource Conservation and Recovery Act of 1976, as either act may be amended from time to time, and by any regulations promulgated thereunder, including but not limited to any substance, material, smoke, gas, particulate matter, or combination thereof containing asbestos, petroleum or its byproducts, or polychlorinated biphenyls (“PCBs”); or

3. Is hazardous, toxic, ignitable, reactive, or corrosive, and that is defined and regulated as such by the Tribe or the United States of America.

“Household hazardous waste” means chemical products such as cleaning solvents, paints, oils, and pesticides, disposed of by residential consumers. These wastes may also contain substances that can catch fire, react with other chemicals, explode, or are corrosive or toxic.

“Household waste” means any solid waste (including garbage, trash, and sanitary waste in septic tanks) derived from households (including single and multiple residences, hotels and motels).

“Open dump” means any facility or site on Tribal lands where solid waste has been disposed of that is not a sanitary landfill or other Tribally designated waste disposal area.

“Pollution” means the unauthorized disposal of any solid waste or hazardous waste into the air, land, surface water or groundwater.

“Solid waste” means any yard waste, garbage, refuse, rubbish, sludge or other discarded or disposed materials, including solid, liquid or semi-solid, or contained gaseous material resulting from any operation, activity or source.

“Storage” means proper temporary containment of waste materials for a period of no more than 15 days or the standard interval of local commercial collection service, whichever is less.

“Waste storage container” means a proper and suitable receptacle used for the temporary storage of solid waste while awaiting collection. Containers shall be designed to prevent escape or leakage of contents and should be resistant to scavenging animals. [Res. 2016-17; Res. 2011-020; Res. 2009-0145. Prior code § 7.5.1.070.]

11.40.070 Prohibition of dumping of solid waste.

Upon adoption of the ordinance codified in this chapter, any site where solid waste may have previously been disposed anywhere within the Tribe’s jurisdiction is deemed to be permanently closed, with the exception of Tribally authorized dumpsters, transfer stations, household curbside trash pick up, or any other Director authorized disposal opportunities.

Except as authorized by this chapter, it is expressly prohibited and shall be unlawful for any person to dispose of, dump, scatter, or place, or cause to be dumped, scattered, or placed, any solid waste as defined under this chapter, including any hazardous waste as defined under this chapter, anywhere within the Tribe’s jurisdiction. [Res. 2022-24; Res. 2016-17; Res. 2011-020; Res. 2009-0145. Prior code § 7.5.2.010.]

11.40.080 Tribally provided waste receptacles.

From time to time, the Tribe may authorize and maintain a community trash receptacle. This is to be used by community members and all waste must be placed in the dumpster, not in the area surrounding the dumpster, to prevent contamination and pests. [Res. 2016-17; Res. 2011-020; Res. 2009-0145. Prior code § 7.5.2.020.]

11.40.090 Prohibition of hazardous waste.

The receiving, accepting, handling, treatment, storage, processing, dumping or disposal of regulated hazardous waste, as defined under this chapter, anywhere within the Tribe’s jurisdiction is expressly prohibited and unlawful. Transportation of any regulated hazardous waste within the Tribe’s jurisdiction must be in full compliance with Federal law, or is otherwise unlawful. [Res. 2016-17; Res. 2011-020; Res. 2009-0145. Prior code § 7.5.2.030.]

11.40.100 Household hazardous waste.

Household hazardous waste should be treated with care and precaution; however, it is not a regulated hazardous waste for purposes of this chapter and may be disposed of at curbside pick up and other authorized disposal sites on Tribal lands. Every effort should be made to dispose of this waste in a manner that protects the environment, such as disposal at a County recycling center. [Res. 2016-17; Res. 2011-020; Res. 2009-0145. Prior code § 7.5.2.040.]

11.40.110 Compliance monitoring.

The Director of the Department of Natural Resources, and any of his authorized agents or employees, shall have the right to enter and inspect any site where illegal dumping is suspected to be occurring to determine whether it is in compliance with all Tribal solid waste requirements pursuant to this chapter, or any Federal or Tribal environmental laws. The Director of the Solid Waste Agency, and any of his authorized agents or employees, shall make efforts to identify the person responsible for the illegal dumping. [Res. 2011-020; Res. 2009-0145. Prior code § 7.5.3.010.]

11.40.120 Enforcement.

Any person that is found in violation of this chapter shall be fined and civil penalties may be enforced in the Tribal Court. [Res. 2016-17; Res. 2011-020; Res. 2009-0145. Prior code § 7.5.3.020.]