waste management ordinance - land recycling 2_4c_janet bollman...september 2016 waste management...
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Gila River Indian CommunityDEPARTMENT OF ENVIRONMENTAL QUALITY
520-562-2234
WASTE MANAGEMENT ORDINANCE
September 2016 1
September 2016 Waste Management Ordinance 2
THE DEQ WASTE MANAGEMENT ORDINANCE
Enforceable Standards for storage, collection, transportation and disposal of home, office and industrial wastes.
September 2016 Municipal Landfill, Liquids Disposal Pit - Along the Salt River, 1980 3
Why We Regulate Waste:•Disease•Toxicity•Pollution•Smell•Respect for our neighbors, the land, and nature
September 2016 Waste Management Ordinance 4
What Wastes Are Included?
Household Wastes including:
•Household garbage
•Recyclable materials including paper, glass, plastic , metals
•Household hazardous wastes including used oil, cleaning chemicals, paints, pesticides, batteries, electronics
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Small Business and Government Office Wastes including:
•Recyclable Paper•Cardboard•Used Oil and small amounts of chemicals.•Electronics•Lunchroom and other garbage
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Industrial Wastes:
•Toxic Chemicals•Used Oil•Corrosives•Flammables•Explosive
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Other Regulated Wastes:
•Landscape Debris and “Green Waste”•Construction Debris•Used Tires•Asbestos•Sewage Sludge
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Things that are Prohibited:
•Open dumping/Illegal Dumping•Open burning of waste•Landfills•Importing Waste, including tires, green waste, sewage sludge
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Illegal Dumping Includes:
•Open dumping on the land or in water ways, canals, sewersor anywhere else•Accidental Spills of waste or products that are not cleaned up•Littering
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Types of facilities regulated:
•Curbside residential waste containers•Dumpsters•Waste transport vehicles•Industrial waste tanks•Waste transfer stations•Waste recycling operations•Waste pits, ponds and landfills•Underground storage tanks – products and wastes•Compost manufacturing - commercial businesses•Waste treatment in tanks, containers and process areas•Waste burners, boilers, incinerators
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•Adopts federal Hazardous Waste requirements
•Adopts federal underground storage tank requirements
•Adopts federal Superfund and Brownfields standards
•Adopts federal Used Oil requirements
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Other Requirements:
•Provides for proper collection of household and municipal wastes in appropriate containers
•Requires that only authorized organizations may conduct curbside pickup
•Requires transport trucks and vehicles to be properly covered
•Requires a permit for commercial recycling and for waste transfer stations
•Requires a transfer station permit for anyone having more than 50 waste tires.
•Requires proper storage for anyone having more than 10 waste tires
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Enforcement:
•Enforceable by DEQ under administrative compliance orders.
•Requires illegal dumpers and polluters to pay for cleanup.
•Requires illegal dumpers and polluters to pay for damages to environmental resources, and the costs for restoration.
The waste ordinance meets the oversight and enforcement and cleanup plan and verification elements for 128(a).
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Allows administrative penalties issued by DEQ for up to $5,000 per day per violation for the most dangerous violations.
Allow judicial penalties issued by GRIC Court for up to $10,000 per day per violation for the most dangerous violations.
Vehicles and equipment used to commit acts which violate any provision are subject to confiscation, impoundment, and forfeiture, and may be used to offset fines or penalties which may be assessed by DEQ or the GRIC Court.
The GRIC Court may bar violators who are not Community members from entry and doing business with the Community.
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•Allows appeal of DEQ permit decisions and compliance orders, and allows for judicial review of final decisions.
•Provisions for restraining orders and injunctions.
•Allows GRIC litigation costs to be charged to the violator.
•Criminal violators may be referred to Federal court.
•Sets the stage for the Community to exercise full sovereignty for waste programs if and when congress allows EPA to delegate the waste RCRA law to Tribes.
128 (a) Best Practices• Outreach to inform, receive feedback, & use for prevention
• Elderly Concerns, Committees, Council, District Meetings,
• Work with tribal law enforcement, tribal rangers, industrial park, and the finance department (draw downs)
• Work with surrounding communities: fire and environmental• Databases: both provide access to and work with State and
EPA databases• Leverage
• TBAs to cleanup (Tannery)
• Assistance with RFP from CCLR• USTfields (St. John’s Mission)
• Site remediated and a Diabetes Center is at location
8/3/2011 Draft Waste Managment Ordinance
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8/3/2011Draft Waste Managment
Ordinance 17
CASE STUDIESArizona Tannery• An EPA Targeted Brownfields Assessment led to leveraging for a Community driven cleanup and removal of former facility.
8/3/2011Draft Waste Managment
Ordinance 18
8/3/2011Draft Waste Managment
Ordinance 19
PITFALLS
•Low population•No reuse•No overall community (district ) plan with livability criteria
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QUESTIONS?
MORE QUESTIONS, COMMENTS, SUGGESTIONS?Waste Program Staff:
• Rudy Mix, Manager• Janet Bollmann, Superfund and Underground Storage Tanks• Dale Anderson, Hazardous Waste
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