Chapter 21-2 ENVIRONMENTAL/SANITATION CODE

CHAPTER 21-2
ENVIRONMENTAL/SANITATION CODE

21-2-1 Authority and Policy.

(A) Legal Authority. This code is adopted under the authority granted to the Tribal Council, governing body for the Prairie Band Potawatomi Nation 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 recognized 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 the power:

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

(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.

This code shall be enforced pursuant to authority granted to the Tribal Council, or the duly constituted tribal governing body of the Prairie Band Potawatomi Reservation.

(B) Title. This code shall be designated as the Prairie Band Potawatomi Environmental/Sanitation Code, hereinafter referred to as the “Code.”

(C) Declaration of Finding and Policy. The Tribal Council finds that the environmental and sanitary problems on the reservation and regulated by this code have a direct, serious and substantial effect on the health and welfare of the Tribe. The provisions in this code for adequate and reasonable control over the environmental conditions within the reservation are necessary and desirable; and it is necessary to adopt a sanitation code to:

(1) Eliminate and prevent the development of environmental conditions that are hazardous to health and safety, and

(2) Promote the economical and orderly development of the land and water resources of the Reservation

For these reasons and objectives it will be the policy of the Tribal Council to amend this code from time to time with respect to any matter affecting environmental sanitation and safety.

(D) Purpose and Intent. The purpose and intent of this chapter is:

(1) To prescribe the administrative procedures to be followed in administering this code or any amendments thereto;

(2) To prescribe rules and regulations for controlling practices to minimize health and safety hazards.

(3) To establish administrative procedures to facilitate fair and equitable regulation while recognizing the rights of affected persons to receive reasonably prompt processing and to appeal administrative decisions.

(E) Applicability. This code shall be in effect for all areas within the Prairie Band Potawatomi Reservation and other lands subject to the Tribe’s governmental jurisdiction. 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) Effective Date. This code shall become effective on and after its adoption by Tribal Council resolution and public notice, as maybe required.

21-2-2 Definitions.

(A) The following words and phrases, when used in this code shall have the meaning ascribed to them in this section unless indicated otherwise.

(1) Administrative Rules. Those rules and regulations contained in Section 21-2-3. of this code which prescribe general procedures to be followed in the administration of this code.

(2) Environmental/ Sanitation Code. Procedures, standards, and regulations adopted by the Tribe designed to minimize or control those environments and environmental conditions that may adversely affect the health and well being of the Tribe and the public. Such environments and environmental conditions may include, but are not restricted to:

(a) Wastewater and wastewater disposal

(b) Nuisances

(d) Food and food handling

Whenever the term “code” is used herein, such reference shall be to this Environmental/Sanitation Code of the Prairie Band Potawatomi Reservation, Kansas.

(3) Agricultural Purpose. This code shall not apply to any premises under one ownership which exceeds 10 acres in area, and which is used only for agricultural purposes. For the purposes of this code “agricultural purpose” means a purpose related to the production of livestock or crops. It does not include the dwelling unit.

(4) Administrative Agency. The Planning and Environmental Protection Department, also referred to herein as “Department.” The Indian Health Service is a cooperator and the Northeast Kansas Coalition of Environmental Services is a consultant with the Potawatomi Planning and Environmental Protection Department.

(5) Administrator. The appointed director of the Potawatomi Planning and Environmental Protection Department.

(6) Board of Health. The Northeast Kansas Multi-County Board of Health authorized by K.S.A. 65-205. and/or the Indian Health Service.

(7) Authorized Representative. Any employee of the Potawatomi Planning and Environmental Protection Department who is designated by the administrator to administer this code or serve as a sanitary inspector.

(8) Person. Any municipality, political subdivision, institution, corporation, partnership, association or individual.

(9) Premises. Any one or more lots or tracts of land, including all buildings, structures, or facilities located thereon.

(10) Tribal Council. Means the Tribal Council of the Prairie Band Potawatomi Nation.

(11) Hearing Officer. Means any person designated by the Tribal Council to hear appeals from decisions of the Administrative Agency relating to the administration of this code.

(12) Dwelling Unit. Any building or structure occupied for residential purposes and containing facilities for living, eating, sleeping and sanitation.

(13) KDHE. The Kansas Department of Health and Environment.

(14) Permit/License. A document to grant permission; to authorize or to consent to an action.

21-2-3 Administrative Powers and Procedures.

(A) Right of Entry. Representatives of the administrative agency and/or its designees shall have the right to enter upon private property to inspect, to examine, and/or to survey for any purpose related to enforcement of this code.

(B) Obstruction of Administrative Agency. No person shall willfully and knowingly impede or obstruct representatives of the administrative agency in the discharge of official duties under the provisions of this code. Any representative denied access to any premises for the purposes authorized in this code shall have authority to seek such injunctive or other legal or equitable relief from the Tribal Court as is necessary to insure access and compliance with this code.

(C) Applications for Permits and Licenses. All persons required by this code to obtain a permit or license shall make application for such permit or license to the department on standard forms provided for that purpose.

(D) Issuance of Permit of License. Within ten (10) working days after the receipt of an application for a permit or license required by this code, the Administrator or designee shall begin such investigations and inspections as he/she shall deem necessary to determine whether the permit or license should be issued or denied, and shall issue or deny the permit or license within thirty (30) days or in conjunction with another permit application. If the permit or license is denied, the Administrator or designee shall send the applicant a written notice with the reasons for rejection stated thereon.

(E) Permit Non-Transferable. No permit or license shall be transferable, nor shall any fees required and paid therefore be refunded.

(F) Standard Fees. The Tribal Council shall establish a schedule of fees for all permits and licenses required by the code, payable upon submission of the application of such permit or license.

(G) Receipts for Fees and Deposits. The administrative agency shall issue receipts for all fees and deposits required by the code, and the money received therefrom shall be deposited with the Tribal Council, Finance Department, in a separate account to be used for administration of the code.

(H) Notice of Violations. Whenever the Administrator determines that there has been or is likely to be a violation of any provision of this code, he/she shall give notice of such violation. This notice:

(1) Shall be in writing;

(2) Shall identify the code violation and the factual basis therefore;

(3) Shall specify necessary corrective action;

(4) Shall specify a reasonable period of time for performance of any corrective action and/or work required by the notice; and

(5) Shall be properly served upon the occupant or owner of the premises: provided, that such notice shall be deemed properly served upon such owner or occupant when a copy thereof has been sent by registered mail to the last known address of the owner or occupant as identified on the latest tribal planning department address rolls.

(I) Appeal for Hearing. Any person aggrieved by any notice or order issued by the Administrator under the provisions of this code shall be entitled to a hearing on the matter before a Hearing Officer. The hearing:

(1) Shall occur after the date of issuance of the notice or order; and

(2) Shall occur after a written petition, requesting a hearing and setting forth the grounds upon which the objection is made, has been filed with the Tribal Council Secretary. Such petition shall filed within 30 days of the date of service of the notice of violation.

The filing of the request for hearing shall act as a stay of the notice or order, except as provided in Section 21-2-3(K) of this code entitled “Emergency Orders.” Upon receipt of such petition, the Hearing Officer:

(1) Shall set a time and place for such hearing;

(2) Shall give the petitioner seven (7) working days written notice of the hearing, the time of the hearing and the place of the hearing;

(3) Shall continue the hearing from its original time and setting upon request of and good cause shown by the petitioner.

(J) Report of Hearing. Within ten (10) working days after such a hearing, the Hearing Officer shall submit a written report of his finding to the Tribal Council with a recommendation that the Council issue an order sustaining, modifying or withdrawing the notice or order of the Administrator. Upon receipt of the report of the Hearing Officer, the Tribal Council shall consider the report and issue an order confirming, modifying or withdrawing the notice or order of the Administrator and shall notify the appellant in the same manner as is provided for in Section 21-2-3(H). Any appeal from a finding and determination of the Tribal Council shall be to the Tribal Court.

(K) Emergency Orders. Whenever the Administrator finds that an emergency exists which requires immediate action to protect the public health, he/she may, without notice or hearing, issue an order reciting the existence of such an emergency and require that such action be taken as he/she may deem necessary to meet the emergency, including the suspension of the permit. Notwithstanding any other provisions of this code, such order shall be effective immediately and shall be enforceable in Tribal Court.

(L) Permit Applications. Applications for permits of licenses required by this code shall be filed with the department.

(M) Disclaimer of Liability. This code shall not be construed or interpreted as imposing upon the Tribe or its officials or employees any guarantee or assurance that any system installation or portion there of constructed or repaired under permits and inspections required by this code will function properly.

(N) Separability. No decision of a court of competent jurisdiction declaring any section, subsection, paragraph, sentence, clause or phrase of the code invalid shall affect the remaining portion of this code, which shall remain in full force and effect; and to this end the provisions of this code are hereby declared to be severable and shall be presumed to have been adopted knowing that the part of section declared invalid would be so declared.

(O) Enforcement Procedure. The Tribal Attorney shall enforce the provisions of this code and other environmental/sanitary codes adopted by the Tribe and is hereby authorized and directed to file appropriate actions for such enforcement, upon request of the Administrative Department. Actions of injunction, mandamus, and quo warrants may be utilized for enforcement of these codes and shall be governed by the provisions of tribal law.

(P) Penalties. In addition to, and independently of, the enforcement procedures provided in Section 21-2-3 herein, any violation of any provision of the environmental/sanitary code shall be subject to a civil fine not to exceed two hundred dollars ($200) for each offense. Each day’s violation shall constitute a separate offense.

21-2-4 Wastewater and Disposal.

The provisions of this chapter are adopted for the purpose of regulating and controlling the location, construction, maintenance, and use of septic systems, alternate wastewater systems, privies, and the removal and disposal of materials from such facilities in order to protect the health of the citizens and environment of Prairie Band Potawatomi Reservation.

21-2-5 Applicability.

The Provisions of this chapter shall apply to all land located within the Prairie Band Potawatomi Indian 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.

21-2-6 Definitions.

(A) Definitions. In addition to the definitions provided in Section 21-2-2 of this code, the words, terms and phrases listed below, for purposes of Section 21-2-4, are defined as follows:

(1) Absorption Field. The term “absorption field” means a configuration of onsite trenches installed to absorb wastewater effluent from a septic tank or other waste solids removal devices.

(2) Absorption Bed. An excavation no more than three (3) feet in depth, greater than three (3) feet in width containing an effluent distribution system which effectively spreads the discharge over the effective absorption area.

(3) Absorption Trench. The term “absorption trench” means a trench in which perforated drain pipe is laid to convey and distribute septic tank effluent.

(4) Alternative onsite Wastewater Management System. The term “alternative onsite wastewater management system” means any onsite wastewater management system which has proven reliability and performance in field use, but which differs in design or operation from approved conventional septic tank and absorption-field systems.

(5) Approval and Approved. The terms “approval” or “approved” means accepted or acceptable by the Department in accordance with applicable specifications stated herein or with additional criteria accepted by the Department.

(6) Available Sewer. Any public sewer within 200 feet of a building.

(7) Buildable Space. The entire area of the lot, tract or parcel on which an individual septic tank or other onsite wastewater management system is to be located, exclusive of all established public road rights-of-way.

(8) Distances. Means horizontal distances unless otherwise designated. Measurements referred to as “not less than,” “minimum,” “at least” and other similar designations shall mean horizontal distances unless specifically indicated otherwise.

(9) Distribution Box. The term “distribution box” means a water tight structure which receives wastewater from a septic tank or other wastewater device and equally distributes it to two or more absorption trenches.

(10) Domestic Wastewater. Means wastewater originating primarily form kitchen, bathroom and laundry sources, including waste from food preparation, dishwashing, garbage-grinding, toilets, baths, showers and sinks.

(11) Experimental or Innovative Onsite Wastewater Management System. The term “experimental or innovative onsite wastewater management system” means any onsite wastewater management system installed for testing and observation.

(12) Grade. The term “grade” means the ratio of vertical drop of pipe invert, trench bottom, or ground surface to the horizontal distance transversed.

(13) Grease Trap. The term “grease trap” means a device in which the grease content of wastewater is intercepted and congealed and from which the grease may be removed for proper disposal.

(14) Industrial Wastewater. The term “industrial wastewater” means the effluent originating from a facility serving an industrial or commercial enterprise or group, or a combination thereof, for the purposes of treating wastewater or process-generated wastewater other than domestic wastewater by physical, chemical or biological means or by a combination of those methods. Industrial waste treatment facilities include municipally-owned electricity generating facilities and water treatment plants.

(15) Commercial Wastewater. The term “commercial wastewater” means the effluent originating from a facility serving and owned by an industrial or commercial enterprise or group, or a combination thereof, for the purposes of treating primarily domestic wastewater by physical, chemical or biological means, or by a combination of those methods. Commercial waste treatment facilities include slaughter houses with an average slaughter rate of 50 animals or less per week.

(16) Lagoon or Wastewater Lagoon. The term “lagoon” shall mean an artificial pond designed to exclude surface water and receive raw wastewater through a submerged sewer from biological decomposition with no discharge.

(17) Lot. The term “lot” means the portion of a subdivision or other tract of land, normally intended to be developed and transferred individually.

(18) Lateral Rock. The term “lateral rock” means washed hard rock ranging in size from three-quarter (3/4) inch to one and one-half (1 1/2) inches in size, used as a distribution median in lateral trenches and absorption beds.

(19) Onsite Wastewater Management System. The term “onsite wastewater management system” means a system intended to be used for management and disposal of wastewater onsite.

(20) Package Plant. The term “package plant” means an approved water tight structure installed to receive, agitate and aerate wastewater from a building sewer, effecting separation and organic decomposition of wastewater solids and discharging effluent.

(21) Private Water Supply. The term “private water supply” means a water system serving a single family residence and not ordinarily available to the public.

(22) Privy. A facility designed for the containment of non-water carried wastes from the human body.

(23) Public Water Supply. The term “public water supply” means any water system other than a private water supply.

(24) Public or Community Wastewater System (Sewer District). The term “public or community wastewater system” means any wastewater collection, treatment and disposal system, including sewers, treatment plants, pumping stations, force mains and all other elements owned, operated or managed by a public entity (including agents thereof) and serving more than one residential premises.

(25) Regulatory Flood. The term “regulatory flood” means the flood having a one percent chance of being equaled or exceeded in any given year.

(26) Regulatory Floodway. The term “regulatory floodway” means an area designated by the Federal Insurance Administration which shall include the channel of a river or other water course and the adjacent land areas that must be reserved in order to discharge the regulatory flood without cumulatively increasing the water surface elevation of more than one foot on the adjacent land.

(27) Sanitary Service. Means the pumping out and/or removal of wastes, sludge, or human excreta from privies, septic systems, or alternative wastewater systems, and the transportation of such material to a point of final disposal

(28) Septic Tank. The term “septic tank” means an approved water tight structure installed underground to receive wastewater from a building sewer, effecting separation and organic decomposition of wastewater solids and discharging effluent to an absorption field.

(29) Subdivision. Means any tract of land that is or has been subdivided into two or more lots for the purpose of sale or building development, whether immediate or future, including the streets, alleys, or other portions thereof intended to be dedicated for public use; and any re-subdivision of lands or lots.

(30) Toilet. The term “toilet” means a sanitary fixture meeting Department and plumbing code requirements for receipt and conveyance of human body wastes.

21-2-7 Sanitary Services.

(A) Disposal of Wastewater.

(1) No one may dispose of any human waste except in a toilet. Flush toilets must be connected to a public sewer or an approved onsite wastewater management system. Privies must meet requirements of the Department as to design and installation in lieu of a flush toilet and must be specifically approved by the Department.

(2) All sinks, lavatories, garbage disposals, dishwashers, clothes washing machines, shower baths, bathtubs, basins and similar plumbing fixtures or appliances shall be connected to a public sewer or to an approved onsite wastewater management system.

(3) Foundation drain water or other non-domestic wastewater or surface water MUST NOT GO INTO the septic tank or onsite wastewater management system.

(4) No household, industrial or commercial wastes shall be discharged into any water course, impoundment, storm sewer or public thoroughfare. The discharge of wastewater into seepage pits, abandoned wells, cisterns, streams or upon the surface of the ground shall be prohibited. In no case shall treated or untreated wastewater, or the effluent form a septic tank or onsite wastewater management system be permitted to drain directly or indirectly into a ditch or stream, nor shall it be allowed to surface or run or drain across any adjacent land owner.

(5) In the event that a failure of an onsite wastewater management system occurs and it is determined by the Department or sanitarians that the system cannot be repaired, then either connection to a public sanitary sewer shall be made or a new approved onsite wastewater management system shall be installed.

(6) Where no sewer is available or where onsite wastewater management is not possible, alternative systems may be considered for approval by the Department.

(7) Onsite wastewater management systems shall be maintained in sanitary condition by regular maintenance and/or repair.

(B) Toilets.

(1) Every premises shall be provided with at least one flush toilet in accordance with the provisions of this regulation. Privies shall not be permitted if a public sewer is available or an onsite wastewater management system can be approved.

(2) Every flush toilet shall be connected to a public sewer or to an approved onsite sewage management system.

(3) Flush toilets shall at all times be provided with sufficient water and pressure to provide adequate flushing.

(C) Connection to Non-approved Public Wastewater System. No premises shall be permitted to connect to any public wastewater system that does not hold a valid permit from Potawatomi Planning and Environmental Protection Department.

(D) Connection to Sewer.

(1) The owner, lessee or agent of any building, residence or other facility designed or used for human occupancy or congregation, shall provide on the premises a system to dispose of the wastewater generated within the building, residence or other facility.

(2) If a public or community wastewater system is available and a new building is being constructed, then the building sewer shall be connected to the available wastewater system.

(3) A public or community wastewater system shall be considered available if it is within two hundred (200) feet of the building.

(4) When a public or community wastewater system has become available to a premises served by an onsite wastewater management system and failure of the onsite wastewater management system occurs, the owner, lessee or agent shall be required to connect properties affected to the public or community wastewater system immediately.

(5) No tribal planning commission or zoning board, authorized to review plats or subdivisions of land, shall recommend for approval any plat containing one or more lots or building sites having less than 5 acres of land, no more than one-half acre of which may be roads, streets, lakes or waterways, unless a public wastewater system is provided to serve all properties within the subdivision or a surety bond in an amount stipulated by the Tribal Council is filed with the Tribal Treasurer to guarantee the installation of such public system.

(E) Sewage Conduits for Onsite Wastewater Management Systems.

(1) Size of Sewage Conduits. Sewage conduits connecting component parts of onsite wastewater management systems shall be a minimum of 4 inches in diameter.

(2) Materials. All pipe and fittings used in sewage conduits and/or in absorption fields shall meet nationally recognized standards for their designated use, such as standards published by the American Society for Testing and Materials of the National Sanitation Foundation and shall have been approved by the Health Department for use in onsite wastewater management systems. Sewage conduits under driveways or similar areas of load or impact shall be of material capable of withstanding maximum anticipated loads. All sewage and lateral pipe shall be marked to indicate it meets or exceeds a 1000 pounds “crush test” rating (Schedule 40).

(3) Construction. Sewage conduits (other than perforated pipe used in absorption fields) shall be installed with sealed, water tight, root resistant joints and shall be laid on a firm foundation. This shall not be subject to settling, and shall be installed at a grade not less than one-eighth (1/8) inch per foot. All pipe from the structure to the lateral field shall be laid “bells up” if bell and spigot pipe is used.

(4) Cleanouts. Cleanouts shall be placed at the junction of the building drain and building sewer at intervals not to exceed 100 feet in straight runs and as required by the Department.

(F) Data Requirements.

(1) Residential. The following shall be submitted to and accepted by the Department before issuance of a permit to construct an onsite sewage management system:

(a) A drawing (on 8 1/2" by 11" paper; pencil is recommended), showing the following:

(i) Name, address and phone number of applicant and owner.

(ii) Location of building site, including legal description with section, township, and range.

(iii) Size of house in square feet of finished area, number of bedrooms, number of persons to live in the home and a list of all water using appliances.

(iv) A drawing of the lot showing:

- Overall dimensions of the lot;

- Location of building, driveways, and geographical features near the proposed lateral field;

- Location and type of water supply, and water service lines;

- Layout of entire onsite wastewater management system; septic tank, laterals and inter-connecting lines; and

- A cross section of lateral trench, with dimensions.

(v) Foundation, footing or any other non-sewage drain location.

(vi) Arrow indicating the North direction.

(b) Other supportive data or information required by the Department.

(2) Commercial. The following data shall be submitted to and accepted by the Department prior to issuance of a permit to construct an onsite wastewater management system:

(a) Name, address, and phone number of applicant and owner;

(b) Type of establishment;

(c) Location of building site, including legal description with section, township and range; lot or parcel identification;

(d) Anticipated water usage and peak daily sewage flow;

(e) Type of material to be used;

(f) All water-using equipment or appliances;

(g) Copies of a site plan of the entire property under development showing the following:

(i) Overall dimensions of the lot, area in square feet;

(ii) Location of buildings, structures, driveways, parking access roads, loading areas, receptacle locations buffers, public and private easements, and any geographical features near the proposed onsite wastewater management system;

(iii) Location and type of water supply, and location of water service lines;

(iv) Proposed type, size and location of onsite wastewater management systems;

(v) Existing and proposed topography; and

(vi) Proposed drainage.

(h) Other supportive date or information required by the Department.

(i) A letter from the owner or agent for the owner estimating the maximum number of customers, employees, etc., size of building and the specific use of the facilities including whether the sanitary facilities are for public use.

(G) Field Date Requirements – Prior to Construction.

(1) Water Table Borings. Borings to determine groundwater elevation in low areas shall be required by the Department. Borings shall be made to a minimum depth of seven (7) feet. Water table elevations shall not be recorded until sufficient time has elapsed for stabilization of groundwater (such stabilization in clay soils may require several hours or overnight). Location, identification number and depth to water table shall be recorded on the plat or site plan which shall indicate topography, if required. Other records of water table elevation, including seasonal peaks, shall be submitted or required.

(2) Rock Borings. Where surface outcroppings or subsurface rock or hardpan exist or are suspected, a sufficient number of boring to a minimum depth of four (4) feet shall be required by the Department to determine if such conditions may interfere with installation, performance or repair of the proposed onsite wastewater management system. Boring locations and data shall be recorded by number on the plat or site plan which shall indicate topography, if required.

(3) Evidence of the presence of water in the borings shall negate the use of conventional onsite wastewater management systems in that area. Alternative systems shall be reviewed on an individual basis. Evidence of rock in the borings shall negate the use of a system in that area.

(4) Soil analysis and other field tests may be required. The number, depth and location shall be determined by the Department.

(5) The development area must be staked and/or flagged. Markings shall show the site boundaries, the location of structures, and the location of the soil absorption system.

(H) Septic Tanks.

(1) Approval Procedures. Any person seeking approval of septic tanks to be used in onsite wastewater management systems other than those of standard size and configuration made with reinforced concrete, shall submit detailed plans and specifications, test, and performance data and quality control procedures as may be required by the Department for an evaluation of the product. No other septic tanks shall be installed unless specific written approval is granted by the Department.

(2) Minimum Design and Construction. Septic tanks shall be watertight and constructed of a material not subject to excessive corrosion or decay, such as concrete, coated metal, or any other material which has been approved by the Department prior to installation. Precast concrete tanks shall have a minimum wall thickness of 2 1/2 inches, and must be adequately reinforced to facilitate handling. When precast slabs are used as covers, they should have a thickness of at least three (3) inches and be adequately reinforced. The distance from the top of the tank and liquid line shall be at least twenty (20) percent of the liquid depth.

(3) Compartments. A single compartment septic tank is acceptable. A two compartment septic tank shall meet the following criteria:

(a) The inlet compartment shall have not less than one-half to two-thirds of the total capacity of the tank nor less than 1,000 gallons liquid capacity.

(b) Venting between compartments must be provided to allow free passage of gas.

(4) Capacity. The minimum liquid capacity of septic tanks shall be 1,000 gallons.

(5) Location.

(a) The septic tank shall be located as set forth in Table A. The lid of the septic tank shall be covered with earth and the septic tank shall be installed at least:

(i) Twenty-five (25) feet from a house or structure (if set below the lowest floor), a property line, domestic water supply line, foundation drain, driveway, stream, pond, basement, cellar, cistern, public water main and buried utility lines; and

(ii) Fifty (50) feet from any water well supply.

(b) The absorption field shall be located as set forth in Table A, shall not be covered by buildings or pavement and shall not be used for vehicular traffic or parking. The absorption field shall be installed at least:

(ii) One hundred (100) feet from any water well supply.

(c) The sewer line must be separated from any water line by undisturbed soil and the sewer line and any water line cannot be in the same trench.

(d) Individual on-lot septic tank-lateral systems must have a minimum of three (5) acres of ground, no more than one-half (1/2) acres which may be roads, streets, lakes, or waterways.

(e) The Department after site inspection, may stipulate in writing to variations of these distances other than cited herein, due to adverse onsite conditions, including location of a well onsite or nearby; site configuration or structural placement; sub-surface soil characteristics and/or groundwater interference. No part of the absorption field shall be covered by buildings or pavement or be used for vehicular traffic or parking.

(6) Foundation and Backfill. Septic tanks shall be constructed or installed level on a foundation that will prevent settling. Backfill shall be free of voids, stumps, broken masonry, or other such materials.

(7) Access and Inspection. Access to each compartment shall be provided by at least one manhole. Inspection holes or manholes should be located over the inlet and outlet pipes.

(8) Inlet Pipe. The inlet invert should be located at least three (3) inches above the liquid level in the tank. A vented inlet tee or baffle must be used to divert the incoming sewage downward. It should extend at least twelve (12) inches below the liquid level, but the penetration must not be greater than that provided by the outlet device.

(9) Outlet Pipe. The outlet device must extend below the liquid surface a distance equal to forty (40) percent of the liquid depth. A vented outlet tee should be provided when an overhead distribution line is used.

(10) Sealed. A watertight seal shall be made around the inlet and outlet pipes with a bonding compound that will adhere both to the concrete septic tanks and the exterior surfaces of the inlet and outlet pipes. The lid shall be sealed to the walls of the tank. Any holes in the tank must be sealed so that the tank is watertight.

(I) Absorption Fields.

(1) Area Computation. The following criteria shall be used to determine the amount of lateral required:

(a) Single Family Residence. An absorption field sewage disposal system shall be designed after considering soil conditions, anticipated water usage, and wastewater produced. The minimum of absorption area for any one bedroom single family residence will be 400 square feet. An additional 400 square feet of absorption area will be required for each bedroom. A minimum of 1200 square feet of absorption area shall be required for any three or four bedroom house.

(b) Commercial (including Day Care facilities, Churches, etc., which treat domestic wastewater). Commercial septic tanks and absorption field wastewater disposal systems shall be designed on loading and anticipated water usage and wastewater produced. A minimum of 100 lineal feet of lateral shall be required for each 1,000 gallons of water used per month.

(c) These standards are based on “average” soil conditions found in Jackson County. The total number of lineal feet of required lateral shall be adjusted if soil conditions and other conditions found are different than the average.

(2) Absorption field Location Restrictions.

Same as in Section 21-2-7(H)(5).

(3) Minimum Design and Construction.

(a) An absorption trench shall not exceed one hundred (100) feet in length from where it is fed unless specific approval is given by the Department. Absorption trenches shall be between twenty-five (25) inches and thirty-two (32) inches in depth. The trench shall be a minimum of twenty-four (24) inches wide. Each line shall be at least seven (7) feet apart.

(b) Installations of laterals must be along contour lines so that level trenches of uniform depth can be constructed. The bottom of the lateral trench is to be level.

(c) A six (6) inch depth of æ to 1 1/2 inches washed lateral rock (i.e., aggregate) shall be provided in the bottom of the trench. Perforated pipe shall be laid on top of the lateral rock; perforations shall be oriented toward the bottom of the trench. Lateral rock shall be placed around the perforated pipe and at least two (2) inches of one thousand (1,000) pound “crush” rock shall cover the pipe.

(d) Ten (10) inch minimum to eighteen (18) inch maximum earth cover shall be placed over the lateral rock. The earth cover over the lateral rock must be of uniform depth.

(e) A continuous layer of two to four inches of hay or straw as a permeable material, shall be placed over the lateral rock before backfilling with the earth cover.

(f) Excavation for absorption trenches in wet clay soils and smearing of trench walls and bottoms shall be avoided since reduced permeability may result and approvals may be denied thereby.

(g) The ground surface of the lateral field area shall be so graded as to prevent the accumulation of surface water and to minimize the flow of surface water over the lateral field. Test holes, diverter ditches or flow control devices will be required under some circumstances. It may be necessary to prepare the ground for the lateral field, such as removal of rocks, trees or replacement of soil.

(h) There shall be a minimum of four (4) feet between the bottom of the absorption trench and a water table.

(4) Field Layout Methods.

(a) Sequential Step-Down or “Overhead System.” This method is well suited to terrain with a slope.

(i) In this system, effluent is not distributed equally to all the lateral lines. Instead, the lines are filled sequentially, and diversion to the next line does not occur until the fluid level in the preceding trench reaches slightly above the top of the rock fill.

(ii) The installation of laterals, must be along contour lines so that level trenches of uniform depth can be constructed. The bottom of the lateral trench of uniform depth can be constructed. The bottom of the lateral trench is to be level. The overhead distribution line must be connected at the center of each lateral line so that the bottom of the overhead line is two (2) inches above the lateral rock in the absorption trench. The overhead distribution line must be set on a firm foundation of undisturbed earth. The sequential system is illustrated in Figure A.

(b) Level Field Method. On flat terrain the level field method may be used. When this method is used, all distribution trenches shall be installed level and at the same elevation; shall not exceed one hundred (100) feet in length and shall be connected at the ends to form a continuous system. A standard tee fitting shall be used to distribute treated sewage. A standard tee fitting shall be used to effect a juncture of the ends of any three distributions lines. The level field methods is illustrated in Figure B.

(J) Alternative and Experimental Onsite Wastewater Management Systems. Consideration of Alternative Systems or Experimental Wastewater Disposal System:

(1) Where appropriate, and after thorough assessment of alternatives, the Department will consider alternative onsite wastewater management systems and/or site modifications for conventional or alternative systems that does not violate any statute or provision of this code.

(2) The Department shall require the alternative, experimental and innovative wastewater disposal systems to be designed by a professional engineer and shall ask for review of the proposal by NE Kansas Coalition for the Environmental or other agency of its choice. Additional monitoring and reporting requirements of alternative systems shall be required by the Department.

(K) Waste Stabilization Pond (Lagoon).

(1) The use of individual waste stabilization ponds, usually referred to as “lagoons,” will be considered in place of a Septic tank-lateral field disposal system based on usable acreage, suitable soils or other parameters as deemed necessary by the Department.

(2) No permit shall be issued until a suitable site has been approved by the Department. No one shall occupy a residence until the Department has approved the Waste Stabilization Pond.

(3) Waste Stabilization Ponds must have a minimum horizontal separation of 100 feet from the designed operational water surface to other properties, allowing public right-of-way to be counted as part of the separation.

(4) Model perimeters for construction of lagoon systems are found in Figure C for M55 and Figure D for M60. These systems shall be used on the Prairie Band Potawatomi Reservation.

(5) Waste Stabilization Ponds shall be maintained in good working condition and fences maintained in good repair.

(L) Sewage Lift Pump. In the event that the wastewater generated from a building or residence cannot be plumbed to an absorption field or sanitary sewer by gravity, then a sewage lift pump with the necessary appurtenances as determined by the Department shall be required. The pump chamber must be sealed, odor proof, and watertight. The pump(s) must be kept in good working order.

(M) Portable/Chemical Toilets (Privies). The use of privies and other types of dry or chemical toilets shall be allowed in special cases subject to the approval of the Department, and meeting specified design requirements.

(N) Other. Cesspools and sand filters shall be prohibited for new or permanent installations. However, portable holding tanks serving camping, recreation vehicles, and boats are acceptable. Portable toilets equipped with holding or storage tanks, chemical or otherwise, shall be prohibited except on a temporary basis as determined acceptable by the Department. Pits shall be prohibited.

(O) Traps.

(1) Grease traps shall be required for commercial and/or industrial facilities when wastewaters will contain those materials. Grease trap design. Grease trap plans and specifications shall be submitted to the Department for approval. No human waste shall pass through the grease trap. No grease trap shall have less than one hundred twenty-five (125) gallons capacity and effluent shall be directed to the Wastewater System. Grease traps shall be sized with a minimum capacity by multiplying three (3) gallons times the maximum occupancy (as set forth by the appropriate Fire Department) times two (2). Grease traps must be maintained properly and emptied regularly.

(2) Grit Trap. Grit traps such as those in commercial or industrial establishments, (i.e., car washes, service stations) shall be emptied by a licensed hauler and transported to a point of disposal approved by the Department.

(P) Sanitary Services.

(1) Notification. All individuals who remove treated domestic wastes, human excreta or other septage from any septic system or alternative wastewater system, including their own, must notify the Department before removing the wastes. They shall follow all rules, regulations, and requirements of the Environmental Protection Agency 503 rules and Kansas Department of Health and Environment rules which address septage management.

(2) Site. The disposal site used by the haulers of domestic wastes, human excreta or other septage from any septic system must comply with all rules, regulations and requirements of the Environmental Protection Agency 503 rules and Kansas Department of Health and Environment rules which address septage management.

(3) License required. No person shall remove or transport any waste from any wastewater system or privy unless that person holds a valid license issued by a recognized health department. A valid sanitary service license issued to a sole proprietor, a partnership or a corporation shall be valid as to all its agents and employees.

(4) Minimum Standards for Sanitary Service Vehicles. All sanitary service vehicles used for rendering of sanitary services shall be of water tight construction, maintained in good working condition and provided with hoses, couplings, valves, pumps, and other necessary equipment to insure that all material removed from the systems will be transported to a point of disposal approved by the Department without spillage. All hoses and valves shall be capped or plugged. All equipment shall be in good workable condition and the operator shall demonstrate that the equipment is in good operating condition and will perform its function without leakage or spillage. The operator will contact the Department for equipment inspection initially and annually before license will be approved.

(5) Application and Inspection Fee. Every person wishing to obtain a sanitary service license shall make application for a license on forms provided for this purpose and shall pay the inspection fees for sanitary service vehicles prescribed in Section 21-2-7(P)(6) before filing the application with the Department. A receipt showing such payment shall be attached to the application form. In case the license is denied, no portion of the inspection fee will be refunded. A copy of a written contract between the applicant and a public wastewater system or the owner of a land disposal site approved by the Department allowing the applicant to dispose of all waste matter at that particular site shall be attached to the application.

(6) Fees. The fees shall be established by resolution of the Tribal Council.

(7) Contracting with Unlicensed Persons Prohibited. A person responsible for operating an alternative wastewater system, septic system or privy shall not contract, or offer to contract, with any person for sanitary service unless that person holds a valid permit or license to provide such service from the Department.

(8) Records. Records will be kept at all times in the vehicle used on loads hauled, dates, from what site to what location.

(Q) Wastewater System Installer and Repair/Maintenance Contractor.

(1) License Required. No person shall offer service as a waste water system installer, nor shall perform this service on the Prairie Band Potawatomi Reservation without a valid license from the Department. A valid wastewater system installer license issued to a sole proprietor, a partnership, or a corporation shall be valid as to all its agents and employees.

(2) Applications. Applications for wastewater systems installation license shall be applied for through the Department. License approval is based on meeting minimum standards for wastewater system installation.

(3) Minimum Standards for Wastewater System Installer. Knowledge of Prairie Band Potawatomi Environmental Code. Needs at least two (2) references. (Prefer references from other counties or cities). Must have served a one year apprenticeship with an approved installer or have successfully passed the installer’s license examination.

(4) Fees. Fees for licensure shall be established by the Tribal Council. Fees will be paid annually for license renewal. After application is approved the installers name goes on a list of licensed installers. An Installation supervisory fee shall be established by the Tribal Council. (See Exceptions, 21-2-7(Q)(6).)

(5) Contracting with Unlicensed Persons Prohibited. A person responsible for operating an alternative wastewater system, septic system, or privy shall not contract or offer to contract with any person for sanitary service unless the person holds a valid permit or license to provide such service from the Department.

(6) Exceptions. If an individual landowner intends to install or repair his/her own wastewater system, the Department will grant such request without requiring said license based on the installation meeting tribal environmental codes, the willingness of the individual to pay an installation supervisory fee to the Department and that he/she constructs no more than one system in any one calendar year.

TABLE A

LOCATION OF SEWAGE DISPOSAL SYSTEM
Minimum Horizontal Distance
Required From	Septic Tank	Disposal Field
House or structure	25 feet	25 feet
Property Line	25 feet	25 feet
Public water supply well	100 feet	100 feet
Private water supply well	50 feet	50 feet
Streams	25 feet	25 feet
Water Line (pressurized)	25 feet	25 feet
Water Line (suction)	50 feet	50 feet
Driveway	25 feet	25 feet
Buried utility lines	--------	25 feet
Foundation drains	25 feet	25 feet
Drop-offs	-------	25 feet
Basement	25 feet	25 feet
Cellar	25 feet	25 feet
Pond	25 feet	25 feet
Cistern	25 feet	25 feet
Water mains	25 feet	25 feet

21-2-8 Water Supplies.

(A) Purpose and Intent. The provisions of this code are also for the purpose of regulating and controlling the development, maintenance, and use of private or semi-public water supplies in the unincorporated area of Prairie Band Potawatomi Reservation, in order that public health will be protected and contamination and pollution of water resources will be prevented.

(B) Area of Applicability. This code shall apply to all land located within the exterior boundaries of 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.

21-2-9 Compliance Required.

After the effective date of this code, no person shall construct on any property subject to this code, any public, semi-public or private water supply that does not comply with the requirements of this code.

21-2-10 Definitions.

(A) Definitions. In addition to the definitions provided in Chapter 21-2 of this code, the words, terms and phrases listed below are defined as follows:

(1) Potable water. Water free from impurities in amounts sufficient to cause disease or harmful physiological effects in humans and conforming with the latest KDHE or BOR, IHS regulations.

(2) Domestic Purpose. Water used for drinking, culinary, and abolitionary purposes.

(3) Public Water Supply. A water supply that is used for domestic purpose by ten (10) or more users or serves an average of twenty-five (25) individuals daily at least sixty (60) days out of the year.

(4) Semi-public Water Supply. A water supply used for domestic purposes serving two (2) to nine (9) residential units (rental or under separate ownership) on a piped system.

(5) Private Water Supply. A water supply used for domestic purposes which serves not more than one (1) dwelling on a piped system.

(6) Water District. A special district operating under state or tribal statutes to plan, construct and/or operate a public water supply system.

(7) Abandoned Water Well. A well which meets one or more of the following conditions;

(a) Which has been permanently discontinued from use;

(b) From which the pumping equipment has been permanently removed;

(c) Which is in such a state of disrepair that it cannot be used to supply water, or it has the potential for transmitting surface contaminants into the aquifer or both;

(d) Which possesses potential health and safety hazards; or

(e) Which is in such a condition it cannot be placed in active or inactive status.

(8) Grout. Material such as cement grout, neat cement grout, bentonite clay grout or other material approved by KDHE or BOR used to create a permanent impervious watertight bond between the casing and the undisturbed formation surrounding the casing or between two (2) or more strings of casing.

(a) Neat cement grout: A mixture consisting of one (1) ninety-four (94) pound bag of Portland cement to five (5) to six (6) gallons of clean water.

(b) Cement grout: a mixture consisting of one ninety-four pound bag of Portland cement, an equal volume of sand having a diameter no greater than 0.080 inches (2 millimeters), and five to six gallons of clean water.

(c) Bentonite clay grout: A mixture consisting of water and commercial grouting or plugging sodium bentonite clay containing high solids such as that manufactured under the trade name of “volclay grout,” or an equivalent as approved by KDHE or BOR.

(i) The mixture shall be as per the manufacturer’s recommendations to achieve a weight of not less than 9.4 pounds per gallon of mix. Weighting agents may be added as per the manufacturer’s recommendations.

(ii) Sodium bentonite pellets, tablets or granular sodium bentonite may also be used provided they meet the specifications listed in K.A.R. 28-30-2.

(iii) Sodium bentonite products that contain low solids, are designed for drilling purposes or that contain organic polymers shall not be used.

(9) Pitless Well Adapter or Unit. An assembly of parts installed below frost line which will permit pumped groundwater to pass through the wall of a casting or extension thereof and prevent entrance of contaminants.

(10) Test Hole. Any excavation constructed for the purposes of determining the geologic and hydrologic characteristics of underground formations.

(11) Static Water Level. The highest point below or above ground level which the groundwater in the well reaches naturally.

(12) Annular Space. The space between the well casing and well bore or the space between two (2) or more strings of well casing.

(13) Sanitary Well Seal. A manufactured seal installed at the top of the well casing which, when installed, creates an air and watertight seal to prevent contaminated or polluted water from gaining access to the groundwater supply.

(14) Treatment. The stimulation of production of groundwater from a water well through the use of Hydrochloric Acid, Muriatic Acid, Sulfuric Acid, Calcium or Sodium Hypochlorite, Polyphosphates or other chemicals and mechanical means, for the purpose of reducing or removing Iron and Manganese Hydroxide and Oxide deposits, Calcium and Magnesium Carbonate deposits and slime deposits associated with Iron or Manganese or bacterial growths which inhibit the movement of groundwater into the well.

(15) Reconstructed Water Well. An existing well that has been deepened or has had the casing replaced, repaired, added to or modified in any way for the purpose of obtaining groundwater.

(16) Pump Pit. A water tight structure constructed at least two (2) feet away from the water well and below ground level to prevent freezing of pumped groundwater and which houses the pump or pressure tank, distribution lines, electrical controls, or other appurtenances.

(17) Grout Tremie Pipe or Grout Pipe. A steel or galvanized steel pipe or similar pipe having equivalent structural soundness that is used to conduct pumped grout to a point of selected emplacement during the grouting of a well casing or plugging of an abandoned well or test hole.

(18) Uncased Test Hole. Any test hole in which casing has been removed or in which casing has not been removed or in which casing has not been installed.

(19) Active Well. A water well which is an operating well used to withdraw water, monitor or observe groundwater conditions.

(20) Inactive Status. A water well which is not presently operating but is maintained in such a way it can be put back in operation with a minimum of effort.

(21) Heat Pump Hole. A hole drilled in installed piping for an earth coupled water source heat pump system, also known as a vertical closed loop system.

(22) Aquifer. An underground formation that contains and is capable of transmitting groundwater.

(23) Confined Aquifer. An aquifer overlain and underlain by impermeable layers. Groundwater in a confined aquifer is under pressure greater than atmospheric pressure and will rise in a well above the point at which it is first encountered.

(24) Unconfined Aquifer. An aquifer containing groundwater at atmospheric pressure. The upper surface of the groundwater in an unconfined aquifer is the water table.

(25) Groundwater. That part of the subsurface water which is in the zone of saturation.

(26) Water Well. An excavation that is drilled, cored, bored, washed, driven, dug jetted, or otherwise constructed, when the intended use of such excavation is for the location, diversion, artificial recharge, or acquisition of groundwater.

(27) Construction of Water Wells. All acts necessary to obtaining groundwater by any method for any use including, without limitation, the location of and excavation for the well.

(28) Water Well Contractor or Contractor. Any governmentally licensed individual, firm, partnership, association or corporation who shall construct, reconstruct or treat a water well. The term shall not include:

(a) An individual while in the act of constructing a water well on land which is owned by him/her and is used by him/her for farming, ranching, or agricultural purposes or at his/her place of abode, but only when the well is constructed in compliance with minimum well standards and the requirement of well logs set forth in K.A.R. 28-30-4 and any amendments.

21-2-11 Requirements for Semi-Public Water Supplies.

(A) No person shall operate or maintain a semi-public water supply system that has been:

(1) Constructed or reconstructed after adoption of this code, until it has been inspected and a permit issued by the Department.

(2) Temporarily or permanently enjoined as a public health nuisance by a court of competent jurisdiction.

(3) Found by the Department not to comply with the provisions of this code and written notice thereof has been given to the owner or his/her agent.

(B) Use of a Semi-Public Water Supply. In addition to the requirements which pertain to private water wells, the following shall be done and reviewed by the Department prior to the issuance of a permit to assure water quality for the public:

(1) An initial and at least annual bacterial analysis.

(2) A partial chemical analysis is to be done initially and every three (3) years thereafter.

(3) Other tests such as a screen for pesticides, volatile organic chemicals, and heavy metals shall be required, at the direction of the Department, to protect the public’s health.

The water samples shall be collected by the Department and sent to KDHE or other certified lab for analysis. The fee for the analysis and investigation is the responsibility of the owner of the water supply or his representative.

21-2-12 Requirements for Private Water Supplies.

(A) Permit. No person shall drill, develop or construct any private water supply on any premises subject to the regulations of this code until he/she has obtained a permit therefore from the Department.

(B) Approved Plans. No permit to construct or develop a private water supply on premises subject to the regulations of this code shall be issued until the plan showing the location and construction of the supply has been approved by the Department.

(1) No permit for drilling a well for private water supply purposes shall be issued to any person when, as determined by the Department, the property can be served by a public water supply or the water supply to be accessed constitutes a significant, quantified health risk.

(2) No use of surface water (lakes, ponds, or streams) as a source of water for private water supply shall be permitted.

(a) Where a satisfactory ground water source is available;

(b) Where adequate treatment is not provided. (In no case shall surface water be used without filtration and chlorination); or

21-2-13 Minimum Standards for All Ground Water Supplies.

(A) Location. The horizontal distance between the well and the potential sources of pollution or contamination, such as septic tanks, lateral fields, pet privy, seepage pits, fuel or fertilizer storage, pesticide storage, feed lots or barnyards shall be 100 feet or more.

(B) Construction. All wells that are to serve as a source of private or semi-public water shall be constructed in accordance with K.A.R. 28-30-6.

(1) Water well record. Within thirty (30) days after construction or reconstruction of a water well, the water well contractor shall submit a report of such work, to the Department and to the landowner on the water well record form, (KDHE Form WWC-5). The contractor shall report to the Department and the landowner on the water well record or attachments made thereto any polluted or other noncompliant conditions which the contractor was able to correct and any conditions which the contractor was unable to correct. The contractor shall report to the Department, and the landowner the plugging of any abandoned water well. The report shall include the location, landowner’s name, method, type of plug material, its placement and amount used to plug the abandoned water well. A landowner who constructs, reconstructs, or plugs a water well, which will be or was used by the landowner for farming, ranching or agricultural purposes or is located at the landowner’s place of abode, shall submit a water well record on (KDHE Form WWC-5) of such work to the Department within thirty (30) days after the construction, reconstruction or plugging of the water well. No fee shall be required from the landowner for the record.

(2) Artificial recharge and return. The construction of artificial recharge wells and freshwater return wells shall comply with all the standards of the tribe and state.

(3) Well tests. When a pumping test is run on a well, results of the tests shall be reported on the water well record, (KDHE Form WWC-5), or a copy of the contractor’s record of the pumping tests shall be attached to the water well record.

(4) Water Samples. Within thirty (30) days after receipt of the water well record, (KDHE Form WWC-5), the Department may request the contractor, or landowner who construct or reconstructs his or her own water well to submit a sample of water from the well for chemical analysis.

(D) Plugging of Abandoned Wells, Cases and Uncased Test Holes. All water wells abandoned by the landowner on or after July 1, 1979, and all water wells that were abandoned prior to July 1, 1979 which pose a threat to ground water supplies, shall be plugged or caused to be plugged by the landowner in accordance with K.A.R. 28-30-7.

(E) Pollution Sources. Well locations shall be approved by the Department with respect to distances from pollution sources and compliance with local regulations. The minimum standards set forth in K.A.R. 28-30-8 are hereby adopted for the Prairie Band Potawatomi for the Reservation.

(F) Water Well Disinfection for Wells Constructed or Reconstructed for Human Consumption or Food Processing. Disinfection standards set forth in K.A.R. 28-30-10 are hereby adopted for the Prairie Band Potawatomi Reservation and shall apply to all water wells used for public consumption or food processing.

(G) Appeals.

(1) Requests for exception to any of the foregoing rules and regulations, as set out within this Chapter 21-2, shall be submitted to the Administrator in writing and shall contain all information relevant to the request.

(a) Those requests shall specifically set forth why such exception should be considered.

(b) The Administrator may grant exceptions in writing when geologic or hydrologic conditions warrant an exception and when such an exception is in keeping with the purposes of this code; provided, however, no such exception shall be granted without a prior written concurrence of EPA.

(2) Appeals from the decision of the Administrator shall be made to the Tribal Court, who after due consideration may affirm, reverse, or modify the decision.

21-2-14 Requirements for Subdivision Development.

After adoption of this code, no person shall develop any subdivision until the plans and specifications for water supply for such subdivision have been approved by the administrative agency.

21-2-15 Requirements for Food and Food Handling.

To ensure the health and well being of the Tribe and the public, all food service retail and wholesale establishments within the area of applicability of this Title shall at a minimum meet the requirements of the current version of the U.S. Food and Drug Administration’s Food Code.

(Amended by PBP TC No. 2008-186, August 13, 2008)

(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; amended by PBP TC No. 2008-186, August 13, 2008)