Section
1001. Definitions.
1002. Solid Waste Handling and Storage.
1003. Responsibility of Owner or Occupant.
1004. Containers.
1005. Timely Transfer to Collection or Disposal Sites.
1006. Dumping.
1007. Collection or Disposal Site Operations.
1008. Waste from Outside Band Territory.
1009. Disposal onto Highways or Roads.
1010. Public Nuisances and Health Hazards.
1011. Hazardous Waste Disposal.
1012. Recycling.
1013. Collection and Transport.
1014. Fees.
1015. Powers of Tribal Police and Conservation Officers.
1016. Sanctions.
1017. Administration.
1018. Sovereign Immunity.
Historical and Statutory Notes
Band Statute 1233-MLC-20, T.II, § 10 provides: "Section 10. Severability. If any provision of this Title or its application to any person or set of circumstances is held invalid, the remainder of the Title or its application to other persons or circumstances shall not be affected."
Cross References
Water standards, Environmental Protection Ordinance, see 11 MLBS § 118.
§ 1001. Definitions.
The following definitions shall apply to the terms listed as used throughout this chapter:
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(a) “Collection site” means those places at which the Band or Band-licensed collectors receive solid waste.
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(b) “Collector” means any natural or legal person, including such person's employees and agents, who gather another person's solid waste.
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(c) “Hazardous waste” means any solid waste deemed hazardous by the U.S. Environmental Protection Agency pursuant to the Resource Conservation and Recovery Act of 1976, (42 U.S.C.A. § 6901 et seq.) as amended.
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(d) “Resident” means any person who has a permanent residence or place of business within the territorial jurisdiction of the Mille Lacs Band, including temporary or seasonal residences or businesses.
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(e) “Solid waste” means all waste, garbage, rubbish, trash and other discarded solid waste material resulting from residential, commercial, agricultural, industrial, community and other human activities, including hazardous waste and liquid waste contained within solid waste, but excluding sewage and related human waste.
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(f) “Solid waste operator” means Mille Lacs Band employees, appointees or contractors who are responsible for the operation and maintenance of any solid waste collection or disposal sites within the territorial jurisdiction of the Band.
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(g) “Transfer station” means the existing solid waste collection site owned by the Mille Lacs Band for the purpose of collecting, transporting, and disposing of solid waste.
Historical and Statutory Notes
Source:
Band Statute 1233-MLC-20, T.II, § 2.
§ 1002. Solid Waste Handling and Storage.
Solid waste within the territorial jurisdiction of the Mille Lacs Band shall be handled, stored, collected, transported, transferred, processed and disposed of in accordance with the provisions of this chapter.
Historical and Statutory Notes
Source:
Band Statute 1233-MLC-20, T.II, § 3.
§ 1003. Responsibility of Owner or Occupant.
Except as otherwise provided in this chapter, the owner or occupant of any premises shall be responsible for the sanitary storage of all of the solid waste produced by such person and accumulated at the premises. Unless otherwise provided for in a written rental agreement or lease, the tenant of any single-unit detached residence and the landlord of any multi-unit residence shall be responsible for the provision and maintenance of solid waste storage containers pursuant to 11 MLBS § 1004.
Historical and Statutory Notes
Source:
Band Statute 1233-MLC-20, T.II, § 3.01.
§ 1004. Containers.
Solid waste shall be stored in durable, rust resistant, nonabsorbent, water tight, rodentproof and easily cleanable containers possessing a close-fitting, insect-tight cover.
Historical and Statutory Notes
Source:
Band Statute 1233-MLC-20, T. II, § 3.02.
§ 1005. Timely Transfer to Collection or Disposal Sites.
Solid waste shall be transferred to Band approved collection sites or E.P.A. approved disposal sites in a timely manner, in order to prevent noxious odors and other public nuisances or health conditions, by the person responsible for the provision and maintenance of solid waste storage containers.
Historical and Statutory Notes
Source:
Band Statute 1233-MLC-20, T.II, § 3.03.
§ 1006. Dumping.
No person shall leave, deposit, or dump solid waste within the territorial jurisdiction of the Mille Lacs Band, except that solid waste may be temporarily deposited in storage containers pursuant to 11 MLBS §§ 1002 to 1005 and may be deposited at approved collection and disposal sites.
Historical and Statutory Notes
Source:
Band Statute 1233-MLC-20, T.II, § 4.
§ 1007. Collection or Disposal Site Operations.
Solid waste disposal at approved collection or disposal sites within the territorial jurisdiction of the Band shall only be in the manner and during the posted daytime hours of operation prescribed by the Public Works Commission.
Historical and Statutory Notes
Source:
Band Statute 1233-MLC-20, T.II, § 4.01.
§ 1008. Waste from Outside Band Territory.
No person shall dispose of solid waste generated on lands outside the territorial jurisdiction of the Band, nor shall a non-resident dispose of any solid waste, on lands within the territorial jurisdiction of the Band without the permission of the Band.
Historical and Statutory Notes
Source:
Band Statute 1233-MLC-20, T.II, § 4.02.
§ 1009. Disposal onto Highways or Roads.
No person shall dispose of solid waste from any stopped or moving vehicle onto federal, state, county or Band highways, roads or right-of-ways within the territorial jurisdiction of the Band.
Historical and Statutory Notes
Source:
Band Statute 1233-MLC-20, T.II, § 4.03.
Cross References
Littering on highways, see 11 MLBS § 203.
§ 1010. Public Nuisances and Health Hazards.
No person shall dispose of or burn solid waste on any lands within the territorial jurisdiction of the Band in a manner that is likely to cause a public nuisance or health hazard.
Historical and Statutory Notes
Source:
Band Statute 1233-MLC-20, T.II, § 4.04.
Cross References
Nuisance, see 24 MLBS § 301.
§ 1011. Hazardous Waste Disposal.
Hazardous waste shall not be disposed of on lands within the territorial jurisdiction of the Band.
Historical and Statutory Notes
Source:
Band Statute 1233-MLC-20, T.II, § 4.05.
§ 1012. Recycling.
The Public Works Commission shall seek assistance from county, state, federal and other sources for the purposes of developing and maintaining a waste recycling program and collection site for the Band for the purposes of reducing waste and disposal costs and conserving natural resources. The Commission shall encourage residents to cooperate with waste recycling programs.
Historical and Statutory Notes
Source:
Band Statute 1233-MLC-20, T.II, § 5.
§ 1013. Collection and Transport.
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(a) All solid waste shall be transported in a manner which prevents the waste from leaking, blowing or falling off of the transport vehicle.
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(b) Commercial vehicles or containers used for the collection and transportation of solid waste shall be covered, leak-proof, durable and of easily cleanable construction. The vehicles and containers shall be cleaned regularly in order to prevent nuisances, pollution and insect breeding and shall be maintained in good repair.
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(c) Commercial collectors and transporters of solid waste shall be required to obtain a license from the Public Works Commission prior to commencing any collection or transportation activities on lands within the territorial jurisdiction of the Mille Lacs Band. Obtaining a license pursuant to this Section does not exempt a person or entity from any other provision of the Mille Lacs Band Statutes Annotated requiring a license or permit in order to conduct business.
Historical and Statutory Notes
Source:
Band Statute 1233-MLC-20, T.II, § 6.
§ 1014. Fees.
The Public Works Commission shall establish fees to be charged to individuals and businesses for the disposal of solid waste at designated collection and disposal sites. These fees shall be reviewed at least annually by the Commission.
Historical and Statutory Notes
Source:
Band Statute 1233-MLC-20, T.II, § 7.
§ 1015. Powers of Tribal Police and Conservation Officers.
All Mille Lacs Band Tribal Police and Conservation Officers shall be empowered to enforce this chapter.
Historical and Statutory Notes
Source:
Band Statute 1233-MLC-20, T.II, § 8.
§ 1016. Sanctions.
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(a) A fine, not to exceed $5000.00, may be imposed for each violation of this chapter. Each day during which a violation exists shall constitute a separate violation. Any personal property, including vehicles and other equipment, which has been used in connection with a violation may be seized and forfeited.
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(b) In addition to any judicially imposed sanctions, the Public Works Commission may revoke the license of any violator of this chapter.
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(c) Nothing herein shall prevent the Mille Lacs Band or an individual party from bringing suit in the Court of Central Jurisdiction in order to obtain injunctive relief or money damages because of a violation of this chapter.
Historical and Statutory Notes
Source:
Band Statute 1233-MLC-20, T.II, § 8.
Cross References
Nuisance, see 24 MLBS § 301.
§ 1017. Administration.
The Mille Lacs Band of Chippewa Indians-Public Works Commission shall temporarily be responsible for the administration of this chapter and of any Band-owned solid waste collection facilities or systems.
Historical and Statutory Notes
Source:
Band Statute 1233-MLC-2O. T.II, § 1.
Cross References
Public Works Commission, see 13 MLBS § 1.
§ 1018. Sovereign Immunity.
Nothing contained in this chapter shall be construed as a waiver of sovereign immunity by the Mille Lacs Band of Chippewa Indians.
Historical and Statutory Notes
Source:
Band Statute 1233-MLC-20, T.II, § 9.