Chapter 21-1 SOLID WASTE MANAGEMENT CODE

CHAPTER 21-1
SOLID WASTE MANAGEMENT CODE

21-1-1 Solid Waste Management.

(A) Title. These regulations, including other items incorporated by reference, shall be known, and may be cited and referenced to as the “Solid Waste Management Code of the Prairie Band Potawatomi Nation,” and shall be hereinafter referred to as “this Code.”

(B) Authority. The Tribal Council (Governing Body) is authorized to develop and adopt a Code for control of solid waste and a Tribal solid waste management program under its inherent power as a sovereign body. This power emanates from the Tribe’s Constitution and Bylaws, as approved by the Secretary of the Interior on February 19, 1976, as amended August 28, 1985. The constitution details the Tribe’s right of self-government that was authorized by the Indian Reorganization Act of 1934. Article V of the Tribe’s Constitution and Bylaws enumerates the powers of the Tribal Council. These powers specifically include:

(i) To promote and protect the health, peace, morals, education, and welfare of the tribe and its members;

(p) To regulate the use of all lands and property within the jurisdiction of the Tribe, and to adopt and enforce zoning and land use codes and ordinances.

(1) The increasing volume and variety of solid waste and hazardous waste being generated on the Reservation and throughout the County and the often inadequate methods of managing these wastes are creating conditions that threaten and have a direct, serious and substantial effect on the health and welfare of the Tribe and that threaten public health, safety, and welfare by contributing to land, air, and water pollution, to the production of flies, rodents, and litter, to the waste of decreasing natural resources, and to the general deterioration of the environment.

(2) The economic and population growth of the Reservation due to improvements to U.S. Highway 75, the development of a casino and the resulting improvement in the standard of living of Reservation residents, the demolition of old buildings and construction of new ones, and the improvements of Reservation roads will result in an increase of scrap, discarded, and waste materials.

(3) Open dumping is particularly harmful to health, contaminates drinking water from underground and surface sources, and pollutes the land, air, and water.

(4) Methods of solid waste management that emphasize source reduction, recovery, and recycling of all solid waste are essential to the long-range preservation of the health, safety, and welfare of the public, to the economic productivity of the Tribe, to the environmental quality of the Reservation, and to the conservation of natural resources.

(5) Disposal of solid and hazardous wastes in or on the land without careful planning and management will present a danger to public health and the environment.

(6) Significant savings can be realized by conserving material and recycling in order to reduce the volume and quantity of material that ultimately becomes solid waste. Solid waste contains valuable energy and material resources that can be recovered and used, thus conserving increasingly scarce and expensive fossil fuels and virgin materials.

(7) It is in the public interest to establish and maintain a comprehensive Tribal solid waste management policy, the objectives of which will be to manage and control solid waste and to prohibit the introduction of hazardous waste into the Reservation in order to protect the health, safety, and welfare of the public, to preserve the environmental quality of the Reservation, and to provide for the conservation of natural resources.

(D) Purpose and intent. This Code, adopted pursuant to the sovereign powers of the Prairie Band Potawatomi Nation, are intended to serve the following purposes:

(1) To promote the health, safety, comfort, welfare, and economic development of the residents of the Potawatomi Reservation.

(2) To protect property values and conserve energy resources.

(3) To encourage the recycling of solid waste as a resource.

(4) To implement the goals, objectives, and strategies of the General Plan for the Prairie Band Potawatomi Nation.

(E) Jurisdiction. This Code shall apply to all land within the boundary of the Prairie Band Potawatomi Nation’s Reservation. For the purpose of this Title, the term Reservation shall be as defined in Article I of the Prairie Band Potawatomi Nation’s Constitution.

(F) Notice to other Governments. Written notice of any amendments to the text of this Code shall be given to the governing body of Jackson County and to the governing body of any incorporated city within three (3) miles of the Reservation. This notice of proposed action shall be given to the governing body at least twenty (20) days prior to the proposed action.

(G) Prohibition of Hazardous Waste. In order to protect the limited land, air, and water resources of the Reservation from pollution by hazardous wastes and to protect the health, safety, and welfare of all residents of the Reservation and surrounding communities, the receiving, handling, transportation, treatment, storage, composting, processing, and disposal of hazardous waste is expressly prohibited within the exterior boundaries of the Reservation. The Planning and Environmental Protection Department (the Department) may permit the establishment of a program for the collection, transportation, transfer, storage, and disposal off the Reservation of hazardous waste generated or found on the Reservation, subject to such conditions as the Department may impose.

(H) Prohibition on Disposal in Open Dumps. In order to protect the limited land, air, and water resources of the Reservation from pollution by solid and hazardous wastes and to protect the health, safety, and welfare of all residents of the Reservation and surrounding communities, disposal of solid and/or hazardous waste in any open dump is expressly prohibited within the exterior boundaries of the Reservation.

21-1-2 Planning and Environmental Protection Department.

(A) Designation as Lead Tribal Agency. The Potawatomi Planning and Environmental Protection Department is designated as the lead Tribal department to develop and enforce a solid waste management program for the Nation. The responsibilities of the Planning and Environmental Protection Department are as follows:

-to develop a Solid Waste Management Program with a Plan and update it on an annual basis;

-to regulate solid waste handling, treatment, composting, recycling and disposal within the Reservation;

-to establish, review, and modify the Tribe’s Solid Waste Program; and

-to regulate solid waste handling services within the Reservation.

The Planning and Environmental Protection Department is designated as the Tribal solid waste management program for all purposes under the Resource Conservation and Recovery Act (RCRA) of 1976 and any other applicable federal act heretofore and hereafter enacted.

(B) Tribal Solid Waste Management Policy. The Planning and Environmental Protection Department (Department) shall formulate and recommend to the Tribal Council a policy for solid waste management, including but not limited to minimum standards for solid waste handling, treatment, composting, and disposal for the protection of land, air, and water from pollution, and, during the process of formulating or revising such policy for solid waste management, the Department shall consult with and carefully evaluate the recommendations of all concerned federal, state, and local agencies.

(C) Powers and Duties. In addition to its other powers and duties, Planning and Environmental Protection Department (Department) shall have the following powers and duties:

(1) Enforce regulations. The Department with assistance from Tribal Police shall enforce such regulations that are adopted by the Tribal Council to implement and carry out the policies, requirements, and duties described in this Code, and establish standards by regulations to govern the hauling, treatment, composting, and disposal of solid waste and the design, construction, operation, and monitoring after closure of solid waste facilities.

(2) Annual Report. The Department shall prepare and file an annual report with the Tribal Council no later than the General Council meeting in July of each year, commencing in 2000. This report shall state the progress achieved under the program as described herein and containing recommended additional administrative and legislative actions necessary to implement such policies and programs.

(3) Solid Waste Management Plan. The Department shall prepare and implement a comprehensive, coordinated Solid Waste Management Plan, consistent with Tribal policy, for solid waste handling, treatment, composting, and disposal within the Reservation.

(4) Procedures for permit and inspection program. The Department shall develop procedures for carrying out a permit and inspection program, including but not limited to requiring operators (contract services or Tribal), to file reports with the Department in order to monitor solid waste handling, treatment, composting, or disposal within the Reservation.

(5) Studies, investigations, and information systems. The Department may conduct studies and investigations regarding new or improved methods of solid waste handling, treatment, composting, and disposal and prepare and implement a solid waste management information storage and retrieval system coordinated with other information systems.

(6) Public information program. The Department may implement a public information program to provide information to other governments, private industries, and the general public concerning maximum environmental protection, effective reuse of solid waste, and recycling.

(7) Studies of litter. The Department may conduct studies of the nature, extent, and methods of reducing and controlling litter problems on the Reservation, including but not limited to methods of improving public education and incentives not to litter, necessary additional legislation, and improved methods of implementing existing litter laws.

(8) Contracts. The Department, with approval of Tribal Council, may enter into such contracts as deemed necessary, provided that nothing the Department does or contracts to do shall be or shall be construed to be a waiver of the sovereign rights or immunities of the Prairie Band Potawatomi Band or any agency, entity, employee, or official thereof.

(9) Specification of exempt wastes. The Department may, by regulation, specify classifications of solid waste that shall be exempt from the requirements of the Solid Waste Management Plan, provided that:

(a) The exemption is not contrary to the public interest;

(b) The quantity of exempt solid waste to be disposed of at any disposal facility is insubstantial; and

(c) The nature of the exempt solid waste poses no significant threat to the public health, the public safety, or the environment.

(10) Coordination and cooperation with other agencies. The Department may coordinate solid waste handling, treatment, composting, and disposal with federal, state, and local agencies and with persons in the solid waste industry; may render technical assistance to Tribal, state, and local agencies and officials thereof and others involved in the planning and operation of solid waste programs and facilities; may assist other Tribal, state, and federal agencies in the development, implementation, and maintenance of their inspection, enforcement, training, and regulatory programs; may organize, operate, and conduct any solid waste enforcement activity as it deems advisable upon the request of the governing body of any city, county, or tribe upon the appropriation for solid waste enforcement purposes by that city, county, or tribe for a sum adequate to compensate the Department for the full cost of that activity; and may request, as necessary, any Tribal, federal, state or local agency having jurisdiction to investigate and report on any questions or matters involved in solid waste handling, treatment, composting, and disposal affecting the Reservation.

21-1-3 Solid Waste Management Plan and Consideration.

(A) Approval of Plan. A Solid Waste Management Plan, describing the location, design, operation, maintenance, and ultimate reuse of solid waste facilities, shall be prepared by the Department and submitted for approval to the Tribal Council.

(B) Contents of Plan. The Solid Waste Management Plan shall contain the following:

(1) an implementation schedule;

(2) the estimated volume and composition of solid waste generated on or imported to the Reservation;

(3) an identification of the responsibilities of other Tribal agencies and entities in the implementation of the Plan, the distribution of federal funds to the authorities responsible for development and implementation of the Plan, and the means for coordinating all planning and implementation under the Plan;

(4) (a) a prohibition on the disposal of solid waste in open dumps within the exterior boundaries of the Reservation and the handling, treatment, composting, or disposal of hazardous waste within the exterior boundaries of the Reservation, and (b) requirements that all solid waste (including but not limited to solid waste originating off-Reservation) shall be used for resource recovery, disposed of in sanitary landfills, or otherwise disposed of in an environmentally sound manner;

(5) a provision for closing all existing open dumps within the Reservation pursuant to this Code and any applicable federal law;

(6) a provision for the establishment of such Tribal regulatory systems as may be necessary to implement the Plan and delineate an enforcement program;

(7) a provision for resource conservation and recovery, for disposal of solid waste in sanitary landfills, and for any combination of practices as may be necessary to handle, treat, compost or dispose of solid waste in a manner that is environmentally sound and in compliance with Tribal rules and regulations;

(8) establish and specify a goal of recycling the solid waste accepted by any facility within the Reservation to the maximum extent feasible, consistent with applicable federal and Tribal air quality maintenance plans, area-wide wastewater treatment plans, and regional solid waste management plans;

(9) adhere to federal guidelines for the disposal of solid waste and incorporate the recommended procedures, design, and operations described in 40 C.F.R. Parts 241 and 257, as such may be amended from time to time; and

(10) identification and reservation of areas for the establishment or expansion of solid waste facilities.

(1) Site considerations. Identifying and reserving areas for the establishment or expansion of solid waste facilities, the Department shall insure that the land uses adjacent to or near such area are compatible with such solid waste facilities and shall consider the following:

(a) The varying geologic, hydrologic, climatic, and other circumstances under which different solid waste practices are required in order to prevent leachate contamination of ground and surface waters, the protection of surface water from surface runoff contamination, and the protection of ambient air quality;

(b) Characteristics and conditions of handling, treatment, composting, and disposal methods, techniques, and practices, and locations of solid waste facilities where such methods, techniques, and practices are conducted, taking into account the nature of the material to be handled;

(d) Population density, distribution, and projected growth;

(e) Geographic, geologic, climatic, and hydrologic characteristics;

(f) The types and locations of transportation facilities;

(g) The profiles of industries;

(h) The constituents and generation rates of solid waste;

(i) The political, economic, organizational, financial, and management problems affecting comprehensive solid waste management;

(j) Types of resource recovery facilities and resource conservation systems that are appropriate; and

(k) Available new and additional markets for recovered materials and energy resources recovered from solid waste as well as methods for conserving such material and energy.

(2) Determination of prerequisites for reservation of site. The Department may not reserve a site for a solid waste facility without making a determination that the distance from the site to the nearest residential structure is in compliance with minimal Tribal standards for solid waste facilities and is sufficient to permit adequate control of noise, odor nuisances, traffic congestion, litter, and vectors.

(3) Periodic Review of Plan. The Department shall review and evaluate the Solid Waste Management Plan at least once every three (3) years to obtain maximum consistency with Tribal and federal policy. After such review and evaluation, the Department shall propose appropriate amendments to the Solid Waste Management Plan for the consideration of the Tribal Council.

21-1-4 Solid Waste Collection.

(A) Definitions.

Unless the context clearly indicates otherwise, the meaning of words and terms as used in this section shall be as follows:

(1) Dwelling Unit. Any enclosure, building or portion thereof occupied by one or more persons for and as living quarters;

(2) Garbage. All rubbish and refuse other than industrial and hazardous waste. Does not include earth and waste from building operations or wastes from industrial processes or manufacturing operations.

(3) Multi-family Unit. Any structure containing more than four individual dwelling units.

(4) Single Dwelling Unit. An enclosure, building or portion thereof occupied by one family as living quarters.

(5) Solid Waste. All non-liquid garbage, rubbish or trash.

(B) Collection Services. All solid waste accumulated within tribal-owned housing and concentrated tribal housing locations shall be collected, conveyed and disposed of by the Department or by contractors specifically authorized to collect and dispose of solid waste.

(C) Duty of Owner, Occupant. The Department shall provide the owner or occupant of every dwelling unit of tribal-owned housing and concentrated tribal housing locations with a suitable container for the storage of solid waste, as provided by this section. No owner or occupant shall allow to accumulate quantities of refuse or other waste materials unless it is stored in the container provided by the Department and in such a manner as not to create a health or fire hazard.

(D) Container. The owner or occupant shall be responsible for the safekeeping of the solid waste storage container provided by the Department and in the event said container is rendered unusable or lost, the owner or occupant shall pay the Department the reasonable cost to replace said container as determined by the Department.

(E) Enter Private Premises. Solid waste collectors, employed by the Department or operating under contract with the Department, are hereby authorized to enter in and upon private property for the purpose of collecting solid waste therefrom as required by this section.

(F) Ownership of Solid Waste. Ownership of solid waste when placed in the containers by the occupants or owners, shall be vested in the Department and thereafter shall be subject to the exclusive control of the Department, its employees or contractors. No person shall meddle with solid waste containers or in any way pilfer or scatter contents thereof in any alley, road or street within the PBPN reservation.

(G) Heavy, Bulky Waste. Heavy accumulations such as brush, tree limbs, broken concrete, sand or gravel, automobile frames, dead trees, and other bulky, heavy materials may be disposed of by the Department on request.

(H) Hazardous Materials. No person shall deposit in a solid waste container or otherwise offer for collection any hazardous garbage, refuse, or waste. Hazardous materials may be disposed of by the Department on request. Hazardous material shall include:

(1) Explosive materials

(2) Rags or other waste soaked in volatile and flammable materials

(3) Chemicals

(4) Poisons

(5) Radio-active materials

(6) Soiled dressings, clothing, bedding and/or other wastes, contaminated by infection or contagious disease,

(7) Any other materials which may present a special hazard to collection or disposal personnel, equipment or to the public.

(I) Prohibited Practices. It shall be unlawful for any person to:

(1) Interfere in any manner with employees of the Department or its contractors in the collection of solid waste;

(2) Bury refuse at any place within the exterior boundaries of the PBPN reservation except that lawn and garden trimmings may be composted.

(J) Unauthorized Disposal. No person shall haul or cause to be hauled any garbage, refuse or other waste material of any kind to any place, site or area within the limits of the exterior boundaries of the PBPN reservation unless such site is a sanitary landfill, transfer point or disposal facility approved by the PBPN Environmental Planning Department or the Kansas State Department of Health and Environment.

(K) Private Collectors; License Required. It shall be unlawful for any person, except an employee of the Department specifically authorized for that purpose, to collect or transport any solid waste within the Nation, without securing a permit from the Department as required by Section 21-1-5.

(L) Charges. The Department shall establish and collect a service charge to defray the cost and maintenance of the collection and disposition of solid waste.

(M) Fee Schedule. The fee schedule for solid waste collection service shall be determined annually by the PBPN Tribal Council.

(N) Billing. Solid waste collection charges shall be billed by the Department once a month.

(O) Delinquent Account, Collection. In the event that any person shall fail to pay the fees or charges for waste collection service, the Department shall initiate collection procedures pursuant to Department policy.

(Amended by PBP TC No. 2010-256, December 6, 2010)

21-1-5 Permit and Inspection Program.

The Department shall control the management of solid waste generated within and brought to the Reservation by regulation of the handling, treatment, composting, and disposal of solid waste within the Reservation.

(A) Solid Waste Facility and Transportation Permit.

(1) Permit Required. No person shall construct or operate a solid waste facility within the exterior boundaries of the Reservation except as authorized by a facility permit. No person shall engage in the transportation of solid waste facility originating or terminating at a location within the exterior boundaries of the Reservation except as authorized by a solid waste transportation permit.

(2) Issuance of Permit; Contents. The Department may issue, modify, or revise a permit that shall contain all terms and conditions that the Department determines to be appropriate for the construction and/or operation of a solid waste facility or for the transportation of solid waste. A permittee must comply with all terms and conditions of the permit and/or any modifications or revisions.

(3) Conditions for Issuance of Permit. The Department shall not issue, modify, or revise a facility permit or solid waste transportation permit unless it is convinced that primary consideration is given by the permittee to preventing environmental damage and that the long-term protection of the environment is the guiding criterion. To achieve these purposes, the Department may prohibit or condition the handling, treatment, composting, or disposal of solid waste to protect, rehabilitate, or enhance the environmental quality of the Reservation or to mitigate adverse environmental impacts. A permit will be issued only if:

(a) the proposed solid waste facility or transportation operation will be in full compliance with all applicable rules and regulations in effect on the date of permit issuance;

(b) feasible mitigation measures identified in any EIS prepared pursuant to the Nation Environmental Policy Act, 42 U.S.C. Sections 4321-370a (NEPA), have been incorporated as permit conditions; and

(4) The Department may deny the permit or may impose permit conditions that will adequately protect against unreasonable defilement or degradation of the environment and natural resources of the Reservation, if the Department determines that:

(a) The proposed method of transportation, the place or manner in which the solid waste is to be handled, treated, composted, or disposed of, or the method or location of temporary storage will be detrimental to, or substantially damage or pollute the environment or natural resources of the Reservation; or

(b) The applicant is likely not to comply with permit conditions.

(5) Additional Conditions for Facility Permit. The Department shall not issue, modify, or revise a facility permit unless a land use permit has been issued by the Tribe to insure compliance with applicable zoning regulations. The decision to issue, modify, or revise a facility permit requires a finding by the Department that the proposed permit is consistent with the Potawatomi Solid Waste Management Pan and with the standards adopted by The Department and the Tribe.

(6) Additional Conditions for Solid Waste Transportation Permit. As a condition for the issuance of a solid waste transportation permit, the Department shall require every vehicle operated by the transporter to be conspicuously marked or placarded to identify the solid waste transported and its principal hazard. Any such vehicle shall be marked in a like manner with the full first name or legally registered trade name or names of the transporter and the number of the solid waste transportation permit issued pursuant to this Section. As a further condition for the solid waste transportation permit, the Department shall require the transporter to make an annual report to the Tribe indicating:

-the number and type of installations emptied or cleaned;

-the volume and nature of the solid waste disposed of;

-the place and manner in which such solid waste was finally disposed; and

-such other information as the Department may require.

A renewal may be denied by the Department for failure of the permittee to properly report or otherwise comply with this Code.

(7) Periodic Review. Any permit issued, modified, or revised hereunder shall be reviewed and, if necessary, revised by the Department at least every year. Solid waste transportation permits may be issued for a period of up to twelve (12) months and must be renewed annually.

(8) Compliance with Applicable Law. Receipt of a permit shall not relieve any person of the responsibility to construct and operate all solid waste facilities and collection systems in a manner that complies with any and all applicable laws, rules, or regulations.

(B) Permit Application; Hearing; Fees.

(1) Application for Permit. Any person who proposes to become an operator of a solid waste facility or transporter of solid waste shall file with the Department an application for a facility permit or a solid waste transporter permit, respectively, at least 120 days in advance of the date on which such person desires to commence construction of a solid waste facility or transport of solid waste. The decision to issue or not to issue the permit shall be made by the Department within 120 days of the time the application is filed.

(2) Contents of Application. Applications filed pursuant to this Section shall contain the following information:

-the mechanical and other equipment, holding tanks, vehicles, and places of temporary storage used or to be used by the applicant;

-a site evaluation report describing the geographic, geologic, climatic, and hydrologic characteristics of the place or places to be used;

-the manner in which the applicant will handle, treat, compost, or dispose of the solid waste;

-the practices that will be employed to ensure adequate protection of the quality of groundwater and surface water from leachate contamination, adequate protection of the quality of surface waters from surface runoff contamination, and adequate protection of ambient air quality;

-the manner in which the applicant will meet the financial assurance requirements established pursuant to this Code;

-a training program for employees of the solid waste facility to educate employees on environmental concerns in managing solid waste and to provide such employees with the needed skills for the safe operation of the solid waste facility or transportation equipment; and

-such other information as the Department deems necessary.

(3) Application for Revision of Permit. If a permittee wishes to modify his operation, he/she shall file an application for revision of his/her existing permit at least 120 days in advance of the date when the proposed modification is to take place. Under circumstances that the Department determines present an immediate danger to public health, the 120 days filing period may be waived by the Department. No operator of a permitted solid waste facility or transportation service shall make any significant change in the design or operation of any solid waste facility or transportation service except in conformity with the terms and conditions of the permit issued to such operator.

(4) Application Submitted Under Oath; Filing Fee. Each report and application filed hereunder shall be submitted under oath and under penalty of perjury and shall be submitted in a form approved by the Department. Each application shall be accompanied by a reasonable filing fee established by the Department according to a fee schedule to reflect the cost of processing such applications, including but not limited to the cost of technical and legal consultants, office staff, and overhead. This fee is in addition to the fees authorized for operation and enforcement.

(5) Closure and Post-Closure Maintenance of Solid Waste Facilities. The Department shall, as needed, adopt standards and make rules and regulations requiring that, as a condition for the issuance, modification, revision, or review of a facility permit, the operator shall provide assurance of adequate financial ability to respond to personal injury claims, public or private damage claims, and natural resource damage claims, that may result from the construction and/or operation of the solid waste facility. The operator of the facility must maintain evidence of financial ability for closure and post-closure maintenance at all times during operation of the facility and for the post-closure maintenance period.

The Department shall, as needed, adopt standards and make rules and regulations specifying closure plan and post-closure maintenance plan adoption procedures and uniform post-closure maintenance plans for compliance with this Code and the regulations. If the plans comply with this Code and the regulations, the Department shall approve the plans.

Any person operating or intending to operate a solid waste facility within the exterior boundaries of the Reservation shall submit to the Department a satisfactory plan for the closure and post-closure maintenance of the solid waste facility prior to commencing operation of the facility. This closure plan shall include the following:

(a) Evidence that the operator has the financial ability to provide for the cost of closure and the estimated post-closure maintenance costs for a period of thirty (30) years of post-closure maintenance. These funds shall be deposited on an annual basis into a trust fund in amounts sufficient to meet closure and post-closure maintenance costs; and

(b) Any other information the Department may request.

(C) Hearing on Permit Application. No permit shall be issued except after a public hearing at which the applicant and all interested parties have an opportunity to present evidence on whether the application should be granted and the conditions to be included in the permit. A hearing to determine whether a permit should be issued shall be held in conjunction with a hearing for a special use permit to fulfill zoning requirements and meet all notification requirements of the Tribe’s Zoning Regulations.

If after the hearing, the Tribal Council, serving as the Board of Zoning Appeals and/or the Department denies a permit, or if the applicant deems the terms and conditions of the permit inappropriate, the applicant may request a re-hearing in writing within fifteen (15) days after the applicant receives notice of the denial or of the terms and conditions of the permit.

(D) Investigation; Reports; Inspections.

(1) Investigations. The Department, in issuing or reviewing any facility permit or solid waste transportation permit or in connection with any action related to or authorized by this Code, may investigate the construction, maintenance, and operation of any solid waste facility or transportation service owned or operated by the permittee or applicant.

(2) Reports by Operators. In such an investigation, the Department may require that the permittee or applicant furnish, under penalty of perjury, such technical or monitoring program reports or other reports as the Department may specify.

(3) Inspection. In such an investigation, the Department may inspect any facility, equipment, or vehicle used for, and any records relating to, the handling, treatment, composting, or disposal of solid waste to ensure compliance herewith and to determine that operators are complying with applicable permit requirements.

(E) Protection of Proprietary Information. Upon the Department’s approval of the request of any person furnishing any reports, notice, application, or other document required hereby, the Department shall not make available for inspection by the public those portions of such report, notice, application, or other document that contain proprietary information; however, such report, notice, application, or other document or portions thereof shall be made available to the Prairie Band Potawatomi or its agencies and to any other government agency or agencies if such agency or agencies has the authority by law to protect the confidentiality of such information and has entered into an agreement with the Department guaranteeing confidentiality of such information.

(F) Regulations. The Department may make rules and regulations implementing this Title in order to carry out and enforce the intent and purposes thereof. Such rules and regulations shall govern permit applications, permit conditions, and permit renewals under this Title.

21-1-6 Enforcement Program.

The Department, in association with the Tribal Police, is hereby designated as the enforcement agency entrusted with the duty and responsibility of ensuring the proper handling, treatment, composting, and disposal of solid waste on the Reservation and of ensuring compliance by all persons with this Code.

(A) Duties. The Department and Tribal Police shall:

(1) Enforcement of Code. Enforce all provisions of this Code and regulations adopted hereunder that pertain to the minimum standards for solid waste handling, treatment, composting, and disposal, all for the protection of the public health and safety and of land, air, and water.

(2) Enforcement of mitigation measures. Enforce compliance with feasible mitigation measures identified within Environmental Impact Statements prepared pursuant to NEPA.

(3) Enforcement by other agencies. Request enforcement by federal, state, and local agencies of their respective laws governing solid waste handling, treatment, composting and disposal.

(4) Provide information to Tribal Council. Provide to the Tribal Council information that the Tribal Council requests.

(5) Development of programs. Develop, implement, and maintain inspection, enforcement and training programs.

(6) Record keeping. Keep and maintain records of its inspection, enforcement and training programs.

(7) Consultation with health agencies. Consult with appropriate health agencies concerning all actions involving solid waste handling, treatment, composting and disposal.

(B) Periodic Review. The Tribal Council shall periodically review the Department. The Tribal Council may impose reasonable fees or taxes on each operator of a solid waste facility and solid waste transportation service. The fee or tax may be based on the weight, volume, or type of solid waste received, handled, treated, composted, or disposed of by any such operator, or on any other appropriate basis or combination thereof.

(C) Fees and Taxes. In order to cover operating costs for the Department, the Tribal Council may impose reasonable fees or taxes on each operator of a solid waste facility and solid waste transportation service. The fee or tax may be based on the weigh, volume, or type of solid waste received, handled, treated, composted, or disposed of by any such operator, or on any other appropriate basis or combination thereof.

(D) Enforcement Actions.

(1) Notice of Chairperson of Tribal Council. Within ten (10) days before issuing an enforcement order that is not for an emergency; within five (5) days after issuing an enforcement order for an emergency; and within fifteen (15) days after discovering a violation of a Tribal law, regulation, or permit that is likely to result in an enforcement action, the Department and Tribal Police shall provide a written statement providing an explanation of and justification for the enforcement order or a description of the violation to the Chairperson of the Tribal Council.

(2) Action and Complaints.

(a) If the Department receives a complaint concerning the violation of applicable Tribal or federal environmental or solid waste laws, regulations, or permit conditions, the Department and Tribal Police shall investigate to ensure proper consideration of the complaint. The Department’s investigation may include the inspection of the facility or transporter to determine whether any applicable Tribal or federal law, regulation, or permit condition has been or is being violated.

(b) If the Department receives a complaint concerning a solid waste facility, collection system, or other activity subject to the Tribe’s jurisdiction and the Department is not able or authorized to take action concerning the complaint, the Department shall refer the complaint within ten (10) days of receipt to the appropriate Tribal, federal, or state agency.

(c) If the Department receives a complaint concerning a solid waste facility, collection system, or other activity subject to the Tribe’s jurisdiction and the Department does not refer it to another agency, or if the Department receives a complaint referred to it by another agency, the Department shall either take enforcement action concerning that facility or transporter or provide the person who filed the complaint with a written statement within thirty (30) days explaining why an enforcement action would not be appropriate.

(E) Cease and Desist Orders; Remedial Actions.

(1) Cease and desist orders; remedial actions by operators. Any person who constructs or operates a solid waste facility in violation of his/her facility permit, who constructs or operates solid waste facility without a permit; who transports solid waste in violation of his/her solid waste transportation permit, who transports solid waste without a solid waste transportation permit; who violates any requirements found in this Code; or who violates any standard adopted by the Tribe for the handling, treatment, composting, or disposal of solid waste shall, upon the order of the Department or Tribal Police, cease and desist any improper action, clean up any solid waste, abate the effects thereof, and take any other remedial action directed by the Department. Whenever, the department determines that the construction or operation of a solid waste facility or the transportation of solid waste is causing or threatening to cause a condition of hazard, pollution, or nuisance due to migration of hazardous waste, the Department may require the operator of the solid waste facility or the solid waste transporter to take corrective action necessary to abate any hazard, pollution, or nuisance to protect public health and safety and the environment.

(2) Imminent threats; remedial actions by the Department. If any of the circumstances set forth herein above pose an imminent threat of life or health, the Department may expend any available moneys to perform any cleanup, abatement, and remedial work required.

(3) Remedial actions by the Department. If any of the circumstances set forth herein above do not pose an imminent threat to life or health, but the Department deems it necessary for the public health and safety to perform cleanup, abatement work, or remedial work, the Department may perform such work and expend moneys thereon.

(4) Remedial actions by the Department contracts. Any action taken may be taken in the absence of, or in addition to, cleanup, abatement, or remedial work by the operator or other person. The Department may perform the work itself or by or in cooperation with other Tribal, state, or federal agency or private contractor. To this end and notwithstanding any other provisions of the law, the Department may enter into oral or written contracts for such work, and the contracts, whether written or oral, may include provisions for equipment rental and the furnishing of labor and materials necessary to accomplish the work.

(5) Liability of operators and other persons. If solid or hazardous waste is cleaned up, the effects thereof abated, or other necessary remedial action is taken as described above, the person or persons who committed or allowed the improper action shall be liable to the Department/Tribe for the reasonable costs actually incurred in cleaning up any solid or hazardous waste, abating the effects thereof, or taking other remedial action. The amount of such costs shall be recoverable in a civil action in the Potawatomi Tribal Court, together with costs of suit incurred by the Department in recovering such moneys. A judgment ordering the payment of these costs to the Tribe and/or Department will bear interest at the rate of fifteen percent (15%) a year or at the rate of interest allowable on judgments under Tribal law or Kansas law, whichever is greater.

(F) Compliance Schedule. The Department shall develop a compliance schedule for any permitted solid waste facility or solid waste transporter that violates the Tribe’s minimum standards. The compliance schedule shall assure that diligent progress shall be made to bring the solid waste facility or solid waste transporter into compliance with the Tribe’s minimum standards within a specific period of time determined by the Department. If the solid waste facility or solid waste transporter is not in compliance within the period specified, the Department may revoke, suspend, or modify the permit until such time as violations of the minimum standards are remedied.

(G) Revocation, Suspension, or Modification or Permit.

(1) Grounds for suspension, revocation, or modification. After a hearing, any permit may be suspended, modified, or revoked by the Department for cause, including but not limited to any or all of the following:

(a) Any violation of any term or condition contained in the permit, this Code or regulations promulgated hereunder, or the underlying lease or land use permit.

(b) Obtaining the permit by misrepresentation or failing to disclose fully all relevant facts.

(c) A change in any condition that requires either a temporary or permanent modification, reduction, or elimination of the permitted operation to bring it into compliance with the terms or conditions of the permit, this Code or regulations promulgated hereunder, or the underlying lease or land use permit.

(2) Statement of changes. A hearing to determine whether a permit should be revoked, suspended, or modified may be initiated by the Department by filing a written Statement of Charges that sets forth the acts or omissions with which the permittee is charged and specifies the terms, laws, conditions, rules, or regulations that the permittee is alleged to have violated. The Statement of Charges and all accompanying documents shall be delivered personally or by certified or registered mail, return receipt requested, to the permittee.

(3) Notice of hearing. The Statement of Charges shall be accompanied by a notice advising the permittee of a date for a hearing, which hearing shall be held no earlier than twenty days (20) and no later than forty-five (45) days from the Department’s mailing or personal delivery of the Statement of Charges. The Notice shall inform the permittee that he/she has the right to inspect and copy documents relative to the Statement of Charges.

(4) Notice of Defense.

(a) Within fifteen (15) days after service upon him/her, the permittee may deliver to the Department a Notice of Defense in which he/she may object to the Statement of Charges upon the ground that it does not state acts or omissions upon which the Department may proceed or to the form of the Statement of Charges on the ground that it is so indefinite or uncertain that he/she cannot identify the acts or omissions or prepare his/her defense.

(b) The Notice of Defense shall be deemed a specific denial of all parts of the Statement of Charges not expressly admitted. Failure to file a Notice of Defense shall constitute a waiver of the right to a hearing.

(d) A copy of any Statement of Charges and Notice of Defense shall be sent by the Department to the Chairperson of the Tribal Council.

(5) Hearing panel. All hearing shall be conducted by a three-person hearing panel. One member of the hearing panel shall be appointed by the Chairperson of the Tribal Council and one member by the Department. The third member shall be appointed by agreement of the other two appointees.

(6) Discovery; subpoenas and subpoenas duce tecum.

(a) Prior to the hearing, any party, upon written request made to any other party prior to the hearing, is entitled to:

(i) obtain the names and addresses of witnesses to the extent known to the other party including but not limited to those intended to be called to testify at the hearing; and

(ii) inspect and make a copy of any relevant documents in the possession or custody or under the control of the other party, including but not limited to statements made by any person pertaining to the subject matter of the proceeding, and investigative reports pertaining to the subject matter of the proceeding. Nothing in this Section shall authorize the inspection or copying of any writing or thing that is privileged from disclosure by law or otherwise made confidential or protected as attorney’s work product or otherwise.

(b) Before the hearing has commenced, the hearing panel shall issue and have served subpoenas and subpoenas duces tecum at the request of any party for attendance of witness or production of documents at the hearing. No witness shall be obliged to attend unless the distance is less than 150 miles from his place of residence, except that the hearing panel, upon affidavit of any party showing that the testimony of such witness is necessary, may endorse on the subpoena an order requiring the attendance of such witness. Fees and mileage shall be paid by the party at whose request the witness is subpoenaed.

(7) Evidence and witnesses.

(a) Oral evidence shall be taken only on oath or affirmation. Each party shall have the right to call and examine witnesses, to introduce exhibits, to cross-examine opposing witnesses on any matter relevant to the issues even though that matter was not covered in the direct examination, to impeach any witness regardless of which party first called him/her to testify, and to rebut the evidence against him/her. Any party who does not testify in his/her own behalf may be called and examined as if under cross-examination.

(b) The hearing need not be conducted according to the technical rules relating to evidence and witnesses. Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons may rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule that might make improper the admission of such evidence over objection in civil actions. Hearsay evidence may be used solely for the purpose of supplementing or explaining other evidence, but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions.

(c) In reaching a decision, official notice may be taken, prior to submission of the case for decision, of any generally accepted technical or scientific matter pertaining to solid waste management, and of any fact that may be judicially noticed by the courts of Kansas or the Potawatomi Tribal Court. Parties present at the hearing shall be informed of matters to be noticed, and those matters shall be noted in the record. Any such party shall given a reasonable opportunity on request to refute the officially noticed matters by evidence or by written or oral presentation of authority.

(8) Issuance of decision. Within thirty (30) days after the case is submitted for decision, the hearing panel shall issue its decision. Cases shall be decided by concurrence of at least two members of the panel. The decision shall be in writing and shall contain findings of fact, a determination of the issues presented, and the assessment of costs and penalties, if any. Copies of the decision shall be sent to all parties and to the Chairperson of the Tribal Council.

(9) Reduction of penalty or reinstatement. A person whose permit has been revoked or suspended by the Department may petition the Department for reinstatement after a period of not less than one (1) year has elapsed from the effective date of the revocation or suspension or from the date of the denial of a similar previous petition. If the Department declines to take the action requested, the petitioner, if he/she so requests, shall be afforded a hearing.

(H) Civil Penalties.

(1) Civil penalties for violations. Any person who engages in the unauthorized handling, treatment, composting, or disposal of solid or hazardous waste within the exterior boundaries of the Reservation; who constructs or operates a solid waste facility in violation of his/her facility permit; who constructs or operates a solid waste facility without a facility permit or a solid waste transportation permit; who transports solid waste in violation of his/her solid waste transportation permit; who violates any requirements found in the Prairie Band Potawatomi Solid Waste Management Code; or who violates any standard adopted by the Tribe for the handling, treatment, composting, or disposal of solid waste shall be liable for a civil penalty not to exceed five thousand dollars ($5,000.00) for each day such violation or operation occurs, to be assessed by the Potawatomi Tribal Court in an action filed by the Department after an opportunity to be heard. Any person who commits any of the above prohibited acts may be subject to criminal penalties and also be liable for any civil damages caused by the commission of such acts and may be excluded from the Reservation. Any persons who commit any of the above prohibited acts, or whose employees or agent in the course of their employment or agency commit any of the above prohibited acts, may have their rights to engage in activities of the Reservation suspended or terminated.

(2) Penalties for disposal of solid waste in open dumps. Any person who disposes of solid waste in an open dump, not on his/her property, shall be liable for a civil penalty of two hundred and fifty dollars ($250.00) plus court costs, to be assessed by the Potawatomi Tribal Court in an action filed by the Department after an opportunity to be heard. Any property owner who is found to have an open dump on his/her property shall be notified, in writing by the Department, of this violation and be given fifteen (15) days to clean up the open dump. If the property owner fails to clean up the dump within this fifteen (15) day period, the property owner shall be liable for a civil penalty of two hundred and fifty dollars ($250.00) plus court costs, to be assessed by the Potawatomi Tribal Court in an action filed by the Department after an opportunity to be heard.

(3) Disposition of civil penalty funds. Civil penalty funds collected shall be paid one-half (1/2) to the Department and one-half (1/2) to the Potawatomi Tribe. Penalty funds paid to the Department shall be retained in a fund designated for meeting the costs of responses to environmental emergencies on the Reservation.

(4) Penalties in addition to others. Penalties under this Section are in addition to, and do not supersede or limit, any and all other remedies, civil or criminal. In any civil action brought pursuant to this Code in which injunctive relief is sought, it shall not be necessary to allege or prove at any stage of the proceedings that irreparable damage will occur should the injunctive relief not be issued, or that the remedy at law is inadequate, and any form of injunctive relief shall issue without such allegations and without such proof.

21-1-7 Definitions.

(A) Definitions. For the purpose of interpreting the provision of this Code in Title 21-1 of the Potawatomi Law and Order Codes, certain terms or words used herein shall be interpreted or defined as follows, unless the context clearly indicates otherwise:

(1) Applicant. Any person who has filed an application with the Department of Planning and Environmental Protection for approval to operate a solid waste facility or collection system.

(2) Closure. The termination of the receiving, handling, recycling, treatment, composting, or disposal of solid waste at a solid waste facility, and including all operations necessary to prepare the facility or area for post-closure maintenance.

(3) Collection. The act of collecting solid or hazardous waste at the place of generation by an approved collection agent and excluding removal.

(4) Composting. The controlled microbial degradation of organic solid waste yielding a safe and nuisance free product.

(5) Construction. The erection or building of new structures or the acquisition, replacement, expansion, remodeling, alteration, modernization, or extension of existing structures.

(6) County. Jackson County, Kansas.

(7) Disposal. The discharge, abandonment, deposit, injection, dumping, spilling, leaking, or placing of any solid or hazardous waste into or on any soil, air, or water.

(8) Energy recovery. The production of energy or energy resources from the handling or disposal of solid waste.

(9) Enforcement program. The rules, regulations, and procedures adopted by the Department, Tribal Police and the Tribe to enforce this Code.

(10) Handling. The collection, transportation, storage, transfer, or processing of solid or hazardous waste.

(11) Hazard. Any condition, practice, or procedure that is or may be dangerous, harmful, or perilous to individuals, property, the natural environment, or the general public.

(12) Hazardous waste. Any waste substance, material, smoke, gas, particulate matter, or combination thereof that:

(a) 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, composted, or disposed of;

(b) Is defined to be hazardous or toxic by the 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 waste substance, material, smoke, gas, particulate matter, or combination thereof containing asbestos, petroleum or its byproducts, or polychlorobiphenyls (“PCBs”); or

(c) Is hazardous, toxic, ignitable, reactive, or corrosive, and that is defined and regulated as such by the Prairie Band Potawatomi Tribe, the State of Kansas, or the United States of America.

(13) Implementation schedule. A schedule that indicates approximate dates for the orderly, timely implementation of Plan policies and programs, and includes approximate dates for the establishment, expansion, and closure of any solid waste facility identified and reserved in the Plan.

(14) Open burning. The combustion of solid waste without (a) control of combustion air to maintain adequate temperature for efficient combustion, (b) containment of the combustion reaction in an enclosed device to provide sufficient residence time and mixing for complete combustion, and (c) control of the emission of the combustion products.

(15) Open dump. Any facility or site at which solid waste or hazardous waste is disposed of in a manner that does not protect the environment, is susceptible to open burning, or is exposed to the elements, vectors, and scavengers, and includes any facility that fails to satisfy standards found in this Code, Tribal regulations, and/or 40 C.F.R. Part 258.

(16) Operator. The person to whom the approval to construct and/or operate a solid waste facility or collection system is granted, any person who has filed an application with the Department for such approval, and with respect to solid waste facilities owned by the Tribe.

(17) Permit. Any authorization, license, or equivalent control document issued by the Department under the authority of the Prairie Band Potawatomi Nation regulating the siting, design, construction, operation, monitoring, corrective actions, closure, post-closure maintenance, and financial assurance of solid waste facilities.

(18) Permittee. A person, including but not limited to an operator, authorized and permitted to construct and/or operate a solid waste facility under this Code.

(19) Person. Any individual, trust, firm, association, partnership, political subdivision, government agency, municipality, industry, public or private corporation, or any other entity whatsoever.

(20) Plan. The Prairie Band of Potawatomi Solid Waste Management Plan.

(21) Pollution. The condition caused by the presence in or on soil, air, or water of any solid waste, hazardous waste, or substance derived therefrom in such quantity, of such nature and duration, or under such condition that the quality, appearance, or usefulness of the soil, air, or water is significantly degraded or adversely altered.

(22) Post-closure maintenance. All activities undertaken at a closed solid waste facility to maintain the integrity of containment features and to monitor compliance with applicable performance standards.

(23) Processing. The reduction, separation, recovery, treatment, or recycling of solid or hazardous waste.

(24) Proprietary information. Information relating to the ownership, construction, management, or operation of a solid waste facility that is:

(a) solely related to internal personnel rules and practices;

(b) a trade secret;

(c) commercial or financial information, the disclosure of which would cause substantial harm to the competitive position of the solid waste facility or its management organization; or

(d) personnel, medical, and similar information files, the disclosure of which would constitute an unwarranted invasion of personal privacy.

(25) Recoverable. The capability and likelihood of a waste or byproduct being recovered from solid waste for a commercial or industrial use.

(26) Recovered material. Material and byproducts that have been recovered or diverted from solid waste, but such term does not include those materials and byproducts generated from and commonly reused within an original manufacturing process.

(27) Recovery. The recovery of material, byproducts, or energy from solid waste.

(28) Recycling. The process of sorting, cleaning, treating, and reconstituting solid waste or discarded material in order to prepare the altered form for reuse.

(29) Removal. The act of taking solid or hazardous waste from the place of generation or improper disposal.

(30) Reservation. The Prairie Band Potawatomi Reservation. For the purpose of this Title, the term Reservation shall be as defined in Article I of the Prairie Band Potawatomi Nation’s Constitution.

(31) Resource recovery system. A solid waste management system that provides for collection, separation, recycling, and recovery of solid waste, including disposal of nonrecoverable waste residue.

(32) Salvage Yard. Any land or building used for the collection or storage or sale of wastepaper, trash, rags, fibrous material, scrap metal, or other discarded material; or for the collecting or dismantling or storage or salvaging of machinery or vehicles not in running condition, or for the sale of parts thereof, or materials from the demolition of building or structures. In the agricultural and residential districts, no more than two (2) licensed or unlicensed motor vehicles which are in the process of restoration to operating condition may be stored; provided however, such vehicles are stored inside a structure or screened from public view.

(33) Sanitary Landfill. A lot or parcel of land used primarily for the disposal, abandonment, dumping, burial, or burning of garage, sewage, trash, refuse, junk, discarded machinery, or motor vehicles or parts thereof or other waste and which is in conformance with all applicable laws.

(34) Segregated from other waste material. Any of the following:

(a) the placement of recyclable materials in separate containers;

(b) the binding of recyclable material separately from the other solid waste; or

(35) Solid waste. All putrescible and nonputrescible solid, semisolid, and liquid waste, including but not limited to garbage, trash, refuse, paper, rubbish, ashes, industrial waste, construction and demolition waste, abandoned vehicles and parts thereof, discarded home and industrial appliances, manure, vegetable or animal solid and semisolid waste, other discarded solid, liquid and semisolid waste from a wastewater treatment plant, water supply treatment plant, or air pollution control facility, or other discarded containerized gaseous material resulting from industrial, commercial, mining, or agricultural operations, or community activities; but not including hazardous waste; solid or dissolved material in domestic sewage; solid or dissolved material in irrigation return flows; industrial discharges that are point sources subject to permits under 33 U.S.C. Section 1342; or source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954, as amended, 42 U.S.C. Section 2011 et seq.

(36) Solid waste facility. A disposal facility; a transfer/processing station; a recycling facility; a composting facility, any resource recovery system or component thereof; any system, program, or facility for resource conservation; and any facility used for the handling, treatment, composting, or disposal of solid waste; whether such facility is associated with facilities generating such solid waste or otherwise; and includes all contiguous land and structures, other appurtenances, and improvements on the land.

(37) Solid waste management. A planned program for effectively controlling the generation, handling, treatment, composting, disposal of solid waste in a safe, sanitary, aesthetically acceptable, and environmentally sound manner.

(38) Solid Waste Management Plan or Plan. The comprehensive plan for solid waste handling, treatment, composting, and disposal within the Reservation, and prepared by the Planning and Environmental Protection Department.

(39) Trade Secret. A secret, commercially viable plan, formula, process, or device that is used for making, preparing, compounding, or processing trade commodities and that can be said to be a product of either innovation or substantial effort.

(40) Transfer/processing Station. A facility used to receive, temporarily store, process, or transfer solid waste directly from smaller to larger vehicles for transport. It does not include:

(a) A facility the principal function of which is to receive, handle, process, treat, or compost manure in accordance with Tribal minimum standards;

(b) A facility the principal function of which is to receive or handle solid waste that has already been separated for reuse and is intended for disposal; or

(c) The operations of a duly licensed solid waste collection operator who handles solid waste as an activity incidental to the conduct of a refuse collection and disposal business.

(41) Treatment. Any method, technique, or process designed or intended to change the physical, chemical, or biological characteristics of solid wastes or hazardous waste to render it less harmful to the quality of the soil, air, and water; safer to handle; or easier to contain, manage, or use as fuel, nutrient, soil amendment, or additive.

(42) Tribe or Nation. The Prairie Band of Potawatomi Nation, and “Tribal” refers to such Tribe or Nation.

(43) Vector. Any insect, arthropod, rodent, or other animal capable of transmitting a pathogen from one organism to another or of disrupting the normal enjoyment of life by adversely affecting the public health and well being.

Other Words or Terms

Words or terms not herein defined shall have the meaning as defined in other Codes and ordinances of the Prairie Band of Potawatomi Nation, or, if not elsewhere defined by the Tribe, their ordinary meaning in relation to the context.

21-1-8 Validity and Severability.

If any provisions of this Code are held to be unconstitutional or otherwise invalid by any court of competent jurisdiction, then such provisions shall be considered separately and apart from the remaining provisions of this Code, said provisions to be completely severable from the remaining provisions of this Code, and the remaining provisions of this Code shall remain in full force and effect.

21-1-9 Effective Date.

This Code shall take effect and be in full force from and after their adoption by the Tribal Council by resolution and publication of such resolution once in the official county newspaper.

(Enacted by PBP TC No. 2000-24, February 1, 2000; amended by PBP TC No. 2000-69, April 4, 2000; amended by PBP TC No. 2005-024, March 3, 2005; amended by PBP TC No. 2010-256, December 6, 2010.)