TURTLE MT BAND OF CHIPPEWA Ray Reed – Brownfield Coordinator EPA-TRP

Turtle Mountain Band of Chippewa Compliance & Enforcement Of 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 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 Reed Turtle Mountain Tribal EPA Brownfields Coordinator Belcourt, N.D (701)