Chapter 11.05 GARBAGE DISPOSAL AND SANITARY LANDFILL

There is hereby set aside for garbage disposal purposes an area in the SW 1/4 of the SE 1/4 of Section 16, Township 30 North, Range 4 E.W.M., Snohomish County, Washington, for the purpose of a garbage disposal pit, which area is marked and identified as such upon the ground, and it shall from the date of the ordinance codified in this section be unlawful for any person, firm or corporation to dump, throw out, cast or dispose of garbage, refuse or any deleterious substances or materials upon the lands and within the boundaries of the Tulalip Indian Reservation except upon and in the above-mentioned and established garbage disposal pit. [Ord. 18, 11-9-1954].

11.05.020 Nuisance declaration.

It is further ordained that any violation of this article or a permit issued hereunder shall be deemed to be a public nuisance. [Res. 91-0058; Ord. 18, 11-9-1954].

11.05.030 Purpose.

The purpose of the following sections is to modify the absolute prohibition in TTC 11.05.010 and 11.05.020 of disposing of garbage, refuse and other deleterious substances and materials so as to allow such disposal if done in accordance with a Tribal conditional use permit. [Res. 91-0058; Ord. 18, 11-9-1954].

11.05.040 Definition.

The terms “garbage,” “refuse” and “deleterious substances or materials,” as used in this article, shall include without limitation all liquid, gaseous, toxic or hazardous wastes; all solid wastes, including without limitation all putrescible and nonputrescible solid and semisolid wastes, sludge from wastewater treatment plants and septage from septic tanks; soils or other materials which contain petroleum products or contaminants or which have been bioremediated or otherwise amended or treated for purposes of removing petroleum products or contaminants; and all other solid, liquid or gaseous materials which have the potential to directly or indirectly be harmful or injurious to the Reservation environment, natural resources or human health. [Res. 91-0058; Ord. 18, 11-9-1954].

11.05.050 Revocation of authorized garbage disposal pit.

The authorization to dispose of garbage, refuse and other deleterious substances and materials in the area described for such purposes in the original Ordinance No. 18 dated November 9, 1954, is hereby revoked, and such materials shall not be disposed of in said location except pursuant to a conditional use permit issued under this article. [Res. 91-0058; Ord. 18, 11-9-1954].

11.05.060 Permits.

The Executive Director of the Tulalip Tribes may allow activities otherwise prohibited by this article through issuance of a conditional use permit. [Res. 91-0058; Ord. 18, 11-9-1954].

11.05.070 Application fee.

The applicant for a permit shall pay an application fee of $250.00 plus such amount as is determined by the Executive Director to represent the Tribes’ direct and indirect cost of evaluating the proposal, including costs of consultants. [Res. 91-0058; Ord. 18, 11-9-1954].

11.05.080 Public notice and comment.

Upon receipt of a permit application, the Executive Director shall publish notice in the Tribal newspaper and a newspaper of general circulation, which notice shall advise the public of the permit application and shall provide an opportunity for public comment thereupon of not less than 30 days from the date of publication. The Executive Director shall consider comments received in evaluating the permit application. [Res. 91-0058; Ord. 18, 11-9-1954].

11.05.090 Evaluation of proposals.

In evaluating permit applications, the Executive Director may require the applicant to submit such information and perform such studies as the Executive Director deems necessary or appropriate to fully assess the impacts of a proposal and the effectiveness of proposed mitigation measures. Additionally, the Executive Director may require an environmental impact statement to be prepared by the applicant, Tribal staff, or consultants specified by the Executive Director, in form and substance that would be adequate to comply with the requirements of the National Environmental Policy Act were applicable to the proposal, and may require the applicant to pay for the direct and indirect costs thereof. In evaluating permit applications, the Executive Director shall apply state-of-the-art environmental standards to the study, analysis, approval, conditioning or denial of the proposed activity including without limitation standards contained in Federal and State laws, regulations and guidelines generally pertaining to activities of the particular nature in question. [Res. 91-0058; Ord. 18, 11-9-1954].

11.05.100 Limitations on permit issuance.

The Executive Director shall not permit an activity otherwise prohibited by this article unless the Executive Director finds (1) that the activity as conditioned will not have a significant adverse impact upon the Reservation environment, including Reservation natural resources and human health, and that the activity as conditioned will not cause a net loss of Reservation natural resources; or (2) that the activity has Tribal benefits or other benefits to the public of the Reservation which outweigh unmitigated impacts. [Res. 91-0058; Ord. 18, 11-9-1954].

11.05.110 Permit conditions and mitigation.

The Executive Director may include terms and conditions in permits to prevent significant adverse impacts, assure nondegradation of the Reservation environment, including without limitation natural resources and human health, and to assure that adverse impacts are fully mitigated. Mitigation may include monetary compensation to the Tribes for adverse impacts to the Reservation environment and natural resources, and may also include requirements of replacement or restoration of impacted resources. All permits shall contain a reopener clause which authorizes the Executive Director to reopen and further review a permitted activity based upon new information indicating unmitigated adverse impacts of the permitted activity or upon the development of technical standards more stringent than those under which the permit was originally reviewed. A reopened permit shall be evaluated as if it were a new permit application and may be granted, conditioned or denied in accordance with the provisions of this article. [Res. 91-0058; Ord. 18, 11-9-1954].

11.05.120 Regulations.

The Executive Director shall have authority to promulgate regulations to govern the administration and enforcement of this article, and to further define the terms “garbage,” “refuse” and “deleterious substances or materials,” as used in this article. [Res. 91-0058; Ord. 18, 11-9-1954].

11.05.130 Appeals.

A decision of the Executive Director to deny a permit may be appealed to the Tribes’ Board of Directors only by written Notice of Appeal stating the grounds therefor filed with the Executive Director within 10 days of the Executive Director’s decision, together with an appeal fee of $250.00. The Board of Directors may consider and determine the appeal on the administrative record and the appeal papers and any response, or may, in the Board’s discretion, refer the appeal to a Hearing Examiner designated by the Board for a hearing and findings and a decision on issues designated by the Board, or, alternatively, the Board may conduct its own de novo hearing on the appeal and render findings and a decision. In the event of referral to Hearing Examiner, the Hearing Examiner’s decision shall be final unless appealed to the Board of Directors by written Notice of Appeal delivered to the Executive Director within 10 days of the decision, together with an appeal fee of $250.00, in which case the Board may hear and determine the appeal on the administrative record and the record before the Hearing Examiner, or hear the matter de novo. The decision of the Board shall be final unless a writ of review is filed with the Tribal Court within 10 days of the decision. The Tribal Court shall have jurisdiction to review the decision of the Board only for purposes of determining whether it was arbitrary and capricious. If the Tribal Court so determines, it shall remand the matter to the Board for further proceedings. [Res. 91-0058; Ord. 18, 11-9-1954].

11.05.140 Substantial weight and deference.

In any action reviewing the denial or conditioning of a permit or the enforcement of a permit or this article, the decisions and determinations of the Executive Director, the Hearing Examiner and the Board shall be accorded substantial weight and deference. [Res. 91-0058; Ord. 18, 11-9-1954].

11.05.150 Enforcement.

In the event an activity prohibited by this article is conducted without a permit or in violation of the terms and conditions of a permit, the Executive Director may issue a notice requiring cessation of the activity, removal of materials deposited in violation of this article or any permit terms and conditions, and remediation of any resulting environmental harm. Such notice shall be issued to the landowner and other parties conducting or responsible for the activity. The Executive Director shall have authority to impose civil penalties of not to exceed $1,000 per day for each day an activity prohibited by this article is conducted without a permit or in violation of the terms and conditions of a permit, and for each day of lack of full compliance with a notice issued under this section. [Res. 91-0058; Ord. 18, 11-9-1954].

11.05.160 Tribal Court jurisdiction.

The Tribal Court shall have civil jurisdiction to hear and determine actions brought by the Executive Director on behalf of the Tribes to recover civil penalties imposed in accordance with this article, for temporary and/or permanent injunctive relief prohibiting any activity in violation of this article or any permit issued hereunder, for abatement of any condition caused by a violation of this article or a permit issued hereunder and the costs thereof, for damages to, and the cost of restoration of, the Reservation environment caused by activities in violation of this article or any permit issued hereunder, and for the Executive Director’s and the Tribes’ direct and indirect costs and expenses of enforcement and for litigation expenses and reasonable attorneys fees. The Tribal Court may authorize the Executive Director or his designate to conduct abatement or restoration actions. Any judgment of the Tribal Court for civil penalties, damages, restoration costs, enforcement or litigation expenses or attorneys fees shall constitute a lien upon the real property upon which the activity or condition in question occurred, which property shall be described in the judgment. Such lien shall continue in force until the judgment is fully paid and satisfied, and may be foreclosed or enforced by the Tribal Court in the same manner as and in conformity with the law regarding a judgment lien arising under a judgment of the Courts of the State of Washington. [Res. 91-0058; Ord. 18, 11-9-1954].

11.05.170 Immunity.

The sovereign immunity of the Tulalip Tribes shall extend to the Executive Director, Tribal staff, and their designates as to all actions pertaining to administration or enforcement of this article, and as to all actions authorized by the Tribal Court. [Res. 91-0058; Ord. 18, 11-9-1954].

11.05.180 Severability.

In the event any portion or provision of this article, as amended, is determined to be invalid in whole or in part, the remainder of this article shall continue in full force and effect. [Res. 91-0058; Ord. 18, 11-9-1954].

Article II. Sanitary Landfill

11.05.190 Boundaries.

In order to preserve and protect the public health, safety and general welfare, a sanitary landfill garbage and refuse operation may be conducted within the boundaries of the Tulalip Reservation of Washington on the following described Tribal lands, to wit:

Government Lots 8, 9, 10, 11, 12, 13, Southeast 1/4 of the Southwest 1/4 Southwest 1/4 of the Southeast 1/4, Northeast 1/4 of the Southeast 1/4, of Section 32, Township 30 North, Range 5 E.W.M.; Government Lots 9 and 10 of Section 31, Township 30 North, Range 5 E.W.M.; Government Lots 1, 2 and 3 of Section 5, Township 29 North, Range 5 E.W.M.; all of the same composing allotments number 91 and 92 entitled respectively Jack Wheeler and Richard Lawrence according to the records of the Bureau of Indian Affairs of the Department of the Interior of the United States of America, Snohomish County, Washington.

[Res. 195-17; Ord. 29, 7-7-1964].

11.05.200 Operating specifications.

Such sanitary landfill operations shall be created, operated, and maintained in conformance to and compliance with the following specifications. [Ord. 29, 7-7-1964].

11.05.210 Fences.

The operating area of the sanitary landfill shall be enclosed by fencing with “chicken wire” mesh fence in order to confine and properly confining the scatter of litter by wind. [Ord. 29 (Exh. A § 1), 7-7-1964].

11.05.220 Dikes.

The active operational site, or at the operator’s option, any larger part or portion or the entire landfill site, shall be protected from inundation by tide or river waters by the construction of an earth dike with a top width of not less than eight feet and a top elevation of at least one foot above the highest floodwater of record, such dike shall not be constructed closer to the shoreline of Ebey and Steamboat Sloughs as the same exist at low tide than 300 feet. Such dike shall be constructed in horizontal layers not exceeding two feet in depth and each layer shall be compacted by bulldozer or other heavy earth-moving equipment or by rolling. Such dike must be continuous and constitute a full and complete perimeter totally surrounding any area of land constituting the active operational site or other areas selected pursuant to operator’s option. Such dike may have within it other dikes known as “cell” dikes which shall encompass an area of not less than 10 acres and which “cell” dikes shall be constructed only in such manner as to enclose and protect fill material, garbage and rubbish dumped within their confines and to permanently confine the same but need not otherwise be constructed to the specifications of the perimeter and/or outer dikes as above set forth. In the event land access is provided at any time to the site the top surface of the outermost dikes shall be maintained in condition to be traveled by automobile for inspection purposes. The outer face of all outer dikes, or dikes on the perimeter which are above specified, shall be protected by the placement thereupon of heavy materials not subject to erosion such as concrete, rock, broken pavement, stone and other similar materials. Damage to all dikes by erosion shall be promptly repaired and areas subject to repeated erosion shall be protected by placement of brush mats or rock rip-rap or sheet piling. [Ord. 29 (Exh. A § 2), 7-7-1964].

11.05.230 Preparatory work.

Preparatory work shall include clearing of brush and trees within the area upon which the operation will be conducted, excavation of a suitable barge mooring slip and entrance channel in the manner and of the nature disclosed by further exhibit attached to the ordinance codified in this article and construction of a peripheral dike to protect against possible flooding by abnormal high tides or high river levels. [Ord. 29 (Exh. A § 3), 7-7-1964].

11.05.240 Transportation.

Refuse shall be transported to the area by tug-towed barges with covered load and unloaded only in the prepared unloading stations at the barge slips in the manner and with the precautions and requirements shown by other exhibits attached to the ordinance codified in this article and drawings in connection therewith. [Ord. 29 (Exh. A § 4), 7-7-1964].

11.05.250 Placement of material.

Garbage, rubbish and refuse shall be placed in layers not exceeding 24 inches in compacted depth. Compaction shall be accomplished by spreading and rolling with track-type tractors or Caterpillars equipped with appropriate blades or buckets and of a size not smaller than a Caterpillar D-8 with appropriate blades or buckets.

All cartons, boxes, crates and similar containers shall be completely crushed in such manner that no voids for rat or vermin harborage shall remain in the completed fill. Material may be placed by area, ramp or trench method at the operator’s option, but the working face of the fill shall be kept as small as possible and limited to that actually required for efficient operation. The fill will be placed by “advancing cell” method in layers of a maximum depth of not more than eight feet. An additional lift may be similarly placed over said layer after the passage of six months’ time, but not before. [Ord. 29 (Exh. A § 5), 7-7-1964].

11.05.260 Earth cover.

The sanitary fill will be placed by “advancing cell” method, spread and well-compacted by bulldozers, with each day’s cell completely covered on top and over all edges and face by not less than six inches of dirt and cover material and earth. The final layer constituting the top of the eight-foot thickness shall be covered by not less than one foot of compacted earth, and this compacted earth must be placed thereupon within one week after completion of the layer. In the event of a further lift after a six-month period of time, said further lift shall be in all respects similarly treated as to placement of material and as to earth coverage. [Ord. 29 (Exh. A § 6), 7-7-1964].

11.05.270 Cover material.

Cover material shall be taken from the premises or from the adjacent river channels, or from both, but shall not contain more than 50 percent clay, nor more than 75 percent of coarse sand. [Ord. 29 (Exh. A § 7), 7-7-1964].

11.05.280 Nuisance conditions.

In the event nuisance conditions develop, including but not limited to the breeding or harborage of arthropods or rodents, noxious odors, fires or fire hazards, the operator shall place additional cover material necessary to control such nuisance and, if necessary, shall install gas collection and burning equipment to control odors not otherwise controlled. [Ord. 29 (Exh. A § 8), 7-7-1964].

11.05.290 Fire control.

The operator shall furnish and install pumps and water lines adequate to furnish two 125-gallon-per-minute hose streams to the operating site and to any portion of the fill area which has been covered for a period of less than six months. He shall also provide adequate fire fighting equipment at the site to promptly and effectively stop all fires, and no burning of refuse of any kind shall be permitted without prior written consent. Fires occurring in previously burned fills shall be immediately smothered with earth and any fill subsidence as a result of such fires shall be brought to grade immediately by the filling thereof with earth. [Ord. 29 (Exh. A § 9), 7-7-1964].

11.05.300 Drainage.

The operator shall so arrange his operations as to drain all water away from the active fill area, pumping from sumps if necessary to accomplish this purpose. In the event the burial of garbage below the water table results in noxious odors, the lessor reserves the right to prohibit further deposition of garbage below the existing water table as measured in holes excavated 50 feet from any drained trench area. [Ord. 29 (Exh. A § 10), 7-7-1964].

11.05.310 Scavenging.

Scavenging will be permitted upon the fill area as long as said premises leased are not reached or served by road. Salvaging will be permitted at any time. [Ord. 29 (Exh. A § 11), 7-7-1964].

11.05.320 Maintenance.

The operator shall maintain the entire site in a clean condition and shall pick up and dispose of all litter scattering from the operating area. The operator shall have a continuing program of careful cleanup to be pursued in the interest of general aesthetics, odor control, rodent control, and such other related potential nuisances. The operator shall maintain all surfaces of fills in such a condition as to prevent the ponding of surface water thereupon and at the same time to also protect the cover material and refuse from erosion. He shall so control his operations as to prevent the occurrence of any dust, smoke or odor conditions, and the surface of the fill shall be inspected by him and by the lessor not less than weekly for cracks or subsidence and necessary corrections shall be made by scarifying and recompacting cover or by the placement and compaction of additional cover. Within six months of completion of the fill the operator shall seed all completed slopes and surfaces with rye grass to produce a dense stand thereof to control dust and erosion. [Ord. 29 (Exh. A § 12), 7-7-1964].

11.05.330 Final elevation.

The elevation of the top of the fully completed fill shall be not less than 24 feet above mean low or low water, which is a height approximately one foot above the top of the rails of the Great Northern Railway Company tracks adjacent on the east side of the subject property. In the event that there is a subsidence of the fill below said elevation, the operator shall, before terminating the operation or before the term of the lease to which the specifications are attached, fill with earth the surface of the entire area to bring it up to grade and to cause it to be level at the time of relinquishment of possession of the premises. [Ord. 29 (Exh. A § 13), 7-7-1964].

11.05.340 Additional general precautions.

All barges will be unloaded initially directly into the sanitary fill area and later into receiving hoppers of endless belt conveyors extending to more remote cells of the advancing sanitary fill. Prior to unloading of barges large tarpaulins shall be suspended between the barge and the shore to catch any possible spillage, and netting wire baffles shall also be erected at strategic locations to arrest the scattering of windblown papers. Astern of each barge and across the slip in which it has been moored in order to be unloaded shall be placed a boom of logs to keep any spilled materials from drifting out into the tidal waters of Ebey Slough, Steamboat Slough and Port Gardner Bay. In the event materials do drift out, then appropriate steps must be taken and shall be taken by the operator to stop such practices and such loss of materials. [Ord. 29 (Exh. A § 14), 7-7-1964].

11.05.350 Records.

The operator shall prepare and submit weekly to the lessor a drawing showing by dimensions from previously established reference lines the extent of the completed fill. Drawings shall be dated and shall indicate by legend the depth (single lift or double lift) of the fill or fills. [Ord. 29 (Exh. A § 15), 7-7-1964].

11.05.360 Inspection.

The operator shall at all times permit access to the site by the Tulalip Tribes or any authorized representative thereof, and shall, when directed by the the Tulalip Tribes, immediately make available a qualified person authorized to receive and carry out instructions from the lessor and to accompany the lessor’s representative on inspections. [Ord. 29 (Exh. A § 16), 7-7-1964].

11.05.370 Sprinkling.

During periods of dry weather the operator shall water sprinkle the active face of the lift or fill prior to its daily covering, as well as apply an approved disinfectant and deodorant at all times in sufficient quantities to control flies or insects. [Ord. 29 (Exh. A § 17), 7-7-1964].

11.05.380 Method of disposal.

The face of the lift of the active disposal area shall be maintained with an incline of less than 15 percent at the end of each day and as material is placed it shall be thoroughly compacted. All lifts shall progress in length not less than five lineal feet per day. The sides of each lift shall be raked and have a smooth surface and be kept free of litter, and before the earth covering is placed upon the lift all surfaces and slopes must be compressed by the bulldozer to a reasonably smooth, hard and compact surface with no soft, low or high points existing. All active lifts at the site shall be completely covered to a uniform thickness with earth at the end of each day’s operation. [Ord. 29 (Exh. A § 18), 7-7-1964].

11.05.390 Drainage.

The area enclosed within the outside perimeter dikes shall be kept dry by the insertion of necessary tide gates and drains, and no tidal or river water shall be allowed to enter therein and all surface water shall be forthwith and immediately drained therefrom. [Ord. 29 (Exh. A § 19), 7-7-1964].

11.05.400 Violation – Penalty.

Any violations of the provisions of this article shall constitute a public nuisance and an offense against the peace and dignity of the Tulalip Tribes punishable by injunction restraining further operation in violation hereof or imposing a fine of $100.00 for each separate violation hereof with each day such violation continues to bring a separate offense, or both. [Ord. 29, 7-7-1964].