TURTLE MT BAND OF CHIPPEWA

Ray Reed – Brownfield CoordinatorEPA-TRP

Turtle Mountain Band of Chippewa Compliance & EnforcementOf Solid and Hazardous Waste Codes

GOALS

• A cleaner, healthier & safer Reservation

• Economic impacts

• Compliance

• Others?

New Code: What’s Next?

• Community Outreach & Support

• Permitting

• Civil Compliance & Enforcement

• Develop Procedures & Policies

Priority Action Items

• Review and know your Code!

• Note Critical Deadlines or Timelines

• Notify other Govts, Agencies & Programs

• Public/Community Outreach

• ID & Notify Potential Permittees

• Equipment

• Training

Equipment & Supplies

• ID?• Log Book & forms• Communications• Camera(s)• Files (locking)• Clothing • Safety Gear• Transportation• Sampling Equipment

Vehicle, IDs and Visibility!

SUPPORT SYSTEM

• Other Tribal Programs (police)

• Other Tribes (peers)

• Other Govt. Agencies (BIA)

• U.S. EPA

• State

• City & County

• Circuit Riders

What is Compliance Assistance anyway?

• Activities, tools or technical assistance to help the “regulated community” understand and comply with environmental laws and regulations.

• “Regulated community” may include businesses, residents and government.

Compliance Assistance

• Outreach to Public & Communities

• Outreach to Schools & Colleges

• Fact Sheets & Brochures

• Visit Businesses, Agencies, local govt. and?

• “informal” inspections

• Mail outs & letters

Examples of Compliance Assistance

• Holding meetings in the community to inform residents of the new requirements, such as a ban on burning of garbage.

• Compiling a brochure with information on how to handle certain types of waste.

• Contacting solid waste companies to inform them of the need for a permit or license.

Compliance assistance can also help people by offering:

• Ideas of cost-effective ways to comply with codes and ordinances.

• Information on ways to reduce waste and/or recycle

Compliance assistance may be helpful in these kinds of

situations -

• Observed problems with used oil management at service stations.

• Fire departments burning buildings for training without prior asbestos inspection.

• Farmers/ranchers improperly disposing of pesticide residues.

• People open dumping their garbage.

Developing a compliance assistance program -

• Identify problem to be addressed

• Target the audience

• Develop the message

• Prepare outreach materials

• Conduct the outreach

• Assess the results

CIVIL COMPLIANCE & ENFORCEMENT

• Civil vs Criminal

• Informal vs Formal

• Resolve at lowest possible level

• Achieve Tribal & Program Goals

• Appropriate Action(s)

• Documentation

COMPLIANCE TOOLS

• Public Notices

• Fact Sheets

• List of Contacts

• Incident Report/Complaint Forms

• Coordination

• File System

• Training

COMPLIANCE TOOLS

• Policies & SOP (the “Book”)

• Inspection & Report Forms/checklists

• Model Warning Letter(s)

• “Conference” Process?

Informal Compliance

• Site visits, phone calls and/or “letters”

• Investigate complaints/reports/referrals

• Provide Guidance and C.A.

• Verbal notice or “warning letter” of requirements & deadlines

• Follow up visit, letter or telephone call

Informal Resolution

• Follow up verification of compliance

• Verbal/written confirmation

• Meeting with “the Boss” (Director?)

• Documentation of compliance/resolution

• Goal met?

• Acknowledge compliance!

Formal Compliance

• Follow SOP (the “Book”)• Jurisdictional issues• Site or Property Access • Formal Investigation procedures• Compliance with Permit • Announced/Scheduled Inspections• Un-announced Inspections• Inform violator of intent/action• Co-inspections (with another Agency)• Documentation/Reports• What is next step if violation continues?

ENFORCEMENT

• Model “Notice of Violation” (NOV)

• Penalty Policy – Matrix

• Appeal/Hearing Process

• Documentation/Files

• Coordination or Referrals?

• Tribal Courts

• MOU/MOAs?

Next Steps?

• Kick it up a notch• “Consent Order” vs “Unilateral Order”• Proposed Remedies• Proposed Penalty(s) (apply policy-matrix)• Deadline(s)• Tribal Court/Council notification?• Formal appeal rights• Prepare Documentation

Appeals

• Formal vs Informal

• As stipulated in Codes/Laws

• SOP

• To Whom?

Remedies/Penalties

• Violator takes required action(s)• Violators meet deadlines• Violator pays penalty• Violator does community service• Suspend or Revoke Permit?• Other Tribal Actions (bashishment, revoke

license or contract, etc.)• Coordination with another agency/authority

XXX

Common Problems

• “Tarp Law” violations• Waste around residences/housing• Waste on fee land• Abandoned & burned mobile homes• Waste Mgt. at SW Xfer station• Tires• Disposal of waste on Tribal land from off-

reservation sources

Other Actions Triggered?

• Emergency/Spill Response?

• “Removal Action” vs “Remedial Action”?

• Other Authority or Agency Action?

• Assessment Needed?

• Voluntary Cleanup?

• Cleanup Verification/Certification

• Institutional Control?

Compliance/Enforcement Actions:

• Implemented 1% fee on Contractors• Drafted Penalty for Tribal Court review• Coordination with BIA & Police• Enforcement of “Tarp Law”• Compliance Assistance• Partial removal of tires• Tornado Response• Plan to address SW xfer station issues• Possible amendments to codes

Critical Steps

• Logs, Photographs and Notes

• Files

• Training

• Documentation

• Documentation

• Repeat

• See above

GOALS

• A cleaner, healthier & safer Reservation

• Economic impacts

• Compliance

• Others?

PERMITTING

• Who needs a Permit for what?

• Notify potential Permittees

• Fact Sheets & General Notices

• Application Forms & Procedures

• Permit Models and Issuance Process

• Fees? (who, how much to whom?)

Ray ReedTurtle Mountain Tribal EPABrownfields CoordinatorBelcourt, N.D (701) 477-2626Email reed_627@hotmail.com