Compliance Enforcement Officer
Compliance and Enforcement Officer
Turtle Mountain EPA
Philip Lenoir Sr.
Office- (701)-477-0407 ext: 220
Belcourt ND, 58316
Tribal Response Program
The Compliance officer is hereby designated as the responsible agents to ensure compliance with and enforcement of this Act and any permits or Orders issued pursuant to the Act and will be housed in the Tribal EPA Office. The Compliance Officer or his duties hsall not be housed, within the SWMP (Solid Waste Management Facility). Unresolved compliance issues can be appealed to the hearing officer as provided for the TAPA (Turtle Mountain Tribal Administrative Procedures Act). Chapter 40.05 Solid Waste Program: Duties and Responsibilites. 40.0503 The Compliance and Enforcement Officer.
The Duties of the compliance officer shall include:
- Monitoring, inspecting and ensuring entities and persons covered by this Act are in compliance to include the management handling, treatment, storage, transfer and disposal of solid, special and hazardous waste and the investigation, assessment and remediation of releases or contamination to include the duties under section 40.1603.
- Obtain any information, including records and reports, from any owner or operator necessary to determine whether the owner or operator complies with this Act.
- Conduct any independent monitoring or testing necessary to ensure that owners or operators are in compliance with this Act.
- Conduct any independent monitoring or testing necessary to ensurethat owners or operators are incompliance with this Act.
- Enter any site or premises subject to the tribal permit program or at which records relevant to the regulated activity or facility.
- Review and reproduce any records relevant to the regulated activity or facility.
- Make video or photographic record of any regulated activity or facility.
- Inspect at anytime any site or premises at which regulated activies are conducted and make photographic, video or other records of information obtained during the inspection.
- Investigate the activites of aqny solid waste disposal, transfer, storage facility or collection and transportation service in order to determine compliance witht this Act or to verify information obtained from the owne or operator.
- Conduct any and all independents tests or sampling nexessary to verify the adequacy of methods (including sampling) used by owners or operators or responsible part to provide informations to the Tribe or determine compliance with this Act, including, but not limited to, testing and inspection any equipment used by the owners or operator or responsible part to test, sample, or obtain information.
- Interview person emplyed in the operation of any regulated facility or service subject to the requirements of this Act.
- Receive and record information submitted by any persons concerning any regulated activity or facility. If requested, the compliance Officer shall provide a written response to any person providing such information with 60 days of request.
- Ensuring the design, construction, operation, monitorying after closure of solid waste facilities are in compliance with this Act.
- Ensuring compliance with permits or oders issued under this Act and developing procedures for carring out a permit compliance and inspection program, including byt not limited to requiring operators file report with the compliance officer in order to monitor solid waste handling, treatment, storage, transfer and disposal within the Reservation.
- In the event of an accidental release or spill of a hazardous substance, polutant or contaminant to the air, land or water or groundwater of the Reservation resulting in a potential threat to the public health, welfare, or the enfiroment within the boundaries of the Reservation ensure compliance with the notification and response requirements of this Act and ensure the appropriate entity addresses the immediate and long term impact of the releases or spill to include all necessary containment, remediation, assessment of impact and long term monitoring.
- Ensure compliance witht he remediation requirements of this Act by owners, operator, or other parties responsible for releases of hazardous substances, pollutants or contaminants on or from a property or site resulting in contamination to uncle Remedial Assessment Agreements, Remediation Agreements, Remediation Orders, No further action letter or certification of completion.
- Ensuring compliance with Tribal Institutional Controls or land use restrictions.
- Conducting community outreach and education on the requirements and means of compliance with this Act.
- Recommending the Tribal Council such contracts as deemed necessary, for the accomplishment of essential compliace and enforcement servies and/or for the investigation, assessment, or remediation of releases of solid or hazardous waste, hazardous substances, pollutants or contaminats witht he Reservation, to include open dumping of solid waste, provided that the Compliance Officer monitors all such contract for the Tribe.
- Seeking grants or other sources of funding support such efforts and may cause to be undertaken analyses and studies regarding the best methods for safe solid waste handling, treatments, storage, transfer or disposal within the Reservation. Or the investigation, assessment or remediation of releases of solid or hazardous waste, hazardous substance, pullutants or contaminants within the Reservation, to include open dumping of solid waste. Such a program may include private sector or federal government enties participation in this effort.
Title 40. Turtle Mountain Band of Chippewa Indians tribal solid & hazardous waste management code
- Enforcement of permits and orders- Enforce compliance with permits or order issued of pursuant to this Act.
- Enforcement of Mitigation Measures- Enforce compliance with feasible mitigation measures identified with Environmental Assessment/Environmental Impact statement prepated pursuant to the Tribal Environmental Protection Act (TEPA) Title- of the Turtle Mountain Tribal Act and the National Environmental Protection Act (NEPA).
- Enforcement of Response Measures- Enforce compliance with response or remediation measures required under section 40.18 of this Act.
- Enforcement by Federal Agencies- Ability to request enforcement by state or federal agencies of their respective law and regulation foverning solid or hazardous waste handling, treatment, disposal or releases where those law and regulation may be applicable.
- Provide Information- Provide information to the affected public, the Tribal Council, and other Tribal Departmens as requested and where such request do not conflict with other provision of this Act.
- Consultations with Health Agencies- Consult with appropriate health agencies concerning alla ction involving solid waste handling, treatment and disposal.
- Authority- This act is adopted pursuant to authority vested in the Tribal Council under the Constitution and By-Law of the Turtle Mountain Band of Chippewa Indians, Article IX (C) to manage lands or assets under Tribal Jurisdiction and Article (a) to regulate and license activites on the Reservation the Tribe shall have full authority over enforcement of this Act and may delegate authority to Tribal Solid Waste Mnagement Program- (SWMP) to implement provisions fo this Act and the Tribal Environmental Protection Agency Compliance Officer to enforce provisions of this Act. No part of this Act constitutes a waiver of the sovereign immunity of the Tribe.
- Jurisdiction- The Tribal Court of the Turtle Mountain Band of Chippewa Indians has civil jurisdiction under this Act over the conduct of Tribal members and all other person on all land within the Reservation and on tribal lands the Tribal Indian Service Areas outside of the Reservation boundaries to maintain the environment, natural resources, public health, safety, welfare, political integrity and economic well-being of the Tribe This shall include:
- A) Any person or company that has entered into a consensual agreement with the tribe or its members
- B) Any non-members where the conduct of the non-members threatens or has some direct effects on the political integrity, economic security, health or welfare of the Tribe.