THE INTER TRIBAL COUNCIL OF ARIZONA, INC.
MODEL TRIBAL SOLID WASTE MANAGEMENT CODE


CHAPTER ONE--LEGISLATIVE FINDINGS AND PURPOSE

Sec. 1.101  Short Title and Definitions.

     This Code shall be known as the              Tribe's Solid Waste
Management Code (herein "the Code").  Definitions of words used herein
are provided in Chapter Twenty-Three.

Sec. 1.102   The Tribe's Inherent Sovereign Power To Manage And
             Regulate Solid Waste On The Reservation.

     The power to manage and regulate the storage, collection,
transportation, handling, treatment and disposal of solid waste on the
____________ Reservation (herein "the Reservation"), which is anywhere
within the exterior boundaries of the Reservation, inherently resides
within the retained sovereign power of the _____________ Tribe (herein
"the Tribe").

     The Tribe is a sovereign Indian Tribe organized pursuant to the
Act of _____________ , ____ Stat. ____, as amended, and approved by
the Secretary of the Interior, _________________ , on ____________,
19  , as amended from time to time thereafter.  Pursuant to the
Tribe's Constitution and Bylaws, as amended, the ______________ Tribal
Council (herein also referred to as "the Council") is the governing
body of the Tribe.

     This Code is enacted pursuant to the sovereign tribal powers
expressly delegated to the Council in Article ______________ of the
Tribe's Constitution, which authorizes the Council to manage and
otherwise deal with Tribal lands, natural resources and property; to
promulgate and enforce ordinances providing for the health, safety,
and welfare of the Tribe and its members and residents; to maintain
law and order and to protect the environment on the Reservation; to
administer justice on the Reservation; to regulate Tribal boards,
agencies, and employees; and to delegate to Tribal boards, agencies,
and employees, the foregoing powers, subject to review by the Council.

Sec. 1.103   The Tribe's Solid Waste Policies.

     The Tribe desires to manage and regulate the disposal of solid
waste on the Reservation in order to protect the Tribal environment,
its natural resources, and the health, welfare, political integrity,
and economic security of the Tribe, its members, and residents living
on the Reservation.

     The Tribe and certain Federal agencies may be required by Federal
law to comply with the disposal of solid wastes on the Reservation
under the Federal Solid Waste Disposal Act (herein "the SWDA"), as
amended by the Resource Conservation and Recovery Act (herein "RCRA"),
42 U.S.C.A. Secs. 6901-6992; and more specifically, Subchapter IV, "State
or Regional Solid Waste Plans", 42 U.S.C.A. Secs. 6941-6949(a), or SWDA
Secs. 4001-4010.

     These Federal laws also include the various solid waste
regulations promulgated thereunder by the U.S. Environmental
Protection Agency (herein "EPA"), including the comprehensive final
rules and regulations contained in 40 CFR Part 258, (herein "the Part
258 Criteria"), for the location, design, operation, closure, post-
closure, and financial assurance requirements for municipal solid
waste landfills.

     The Tribe intends by the adoption of this Code, to comply with
the SWDA, and the Part 258 Criteria.  Once the Tribe's Solid Waste
Management Plan is adopted by the Tribal Council, the Director of the
Tribe's Solid Waste Agency shall apply to EPA for its approval of the
Tribe's solid waste program, as regulated under this Code, pursuant to
the requirements of 40 CFR Part 239, titled the "State and Tribal
Implementation Rule."

     Upon EPA approval of the Tribe's solid waste program under 40 CFR
Part 239, the Tribe will have the same flexibility as States in
complying with the Part 258 Criteria.  The Code prohibits the disposal
of any solid waste except in MSWLFs which comply with the Part 258
Criteria.  Disposal of solid waste at "open dumps" is prohibited under
this Code.

Sec. 1.104  The Tribe's Sovereign Immunity.

    Neither the Code, nor the Tribe's solid waste program, nor any
action or agreement of the Environmental Protection Board or Solid
Waste Agency, shall be construed as, or is intended to be, a waiver or
modification of any sovereign immunity now enjoyed by the Tribe, or a
consent by the Tribe to jurisdiction or suit against it.

     The Tribe reserves the right to contest the jurisdiction of the
Federal Court in any citizens' suit filed against it under Section
7002 of the SWDA, except only as such jurisdiction may be expressly
waived by the Tribe in such suit.

     The Tribe, the Council and its members; the Tribe's Environmental
Protection Board and its members; the Tribe's Solid Waste Agency, and
its Director and employees; and all other Tribal officers, employees,
representatives, or agents thereof, who are performing their duties by
implementing or enforcing the Code and the Tribe's solid waste pro-
gram, are immune from suit for monetary damages in any court of law,
and they do not waive any of their sovereign rights or immunities;
executive privileges or right to privacy or confidentiality.

     The Tribe, the Tribe's Environmental Protection Board and the
Tribe's Solid Waste Agency may enter into such contracts as are
authorized by the Council, for the purpose of implementing or
enforcing the Code and the Tribe's solid waste program; provided that
such contracts shall not be construed to be a waiver of the sovereign
rights or immunities of the Tribe, or any board, agency, entity,
officer, employee, representative, or agent thereof.

Sec. 1.105  The Tribe Has Civil Jurisdiction Under The Solid Waste
            Management Code Over All Persons And Places Within The
            Exterior Boundaries Of The Reservation.

    The Tribe has inherent sovereignty to exercise civil authority
and jurisdiction over the conduct of Tribal members and all other
persons on all lands within the exterior boundaries of the
Reservation, under the Code, to maintain the environment, natural
resources, public health, safety, welfare, political integrity and
economic security of the Tribe.

     Because any violations of this Code or any rules or regulations
adopted thereunder will demonstrably and seriously impact the
environment, natural resources, public health, safety, welfare,
political integrity, and economic security of the Tribe, this Code,
and any rules and regulations adopted thereunder, shall apply to:  (1)
all persons within the exterior boundaries of the Reservation, without
exception, including but not limited to, all Tribal members, and all
other persons on the Reservation, including any Indians who are
members of other Indian Tribes, all non-Indians, and any other person
as defined under the Code; and (2) all places and lands located
anywhere within the exterior boundaries of the Reservation, including
all trust and non-trust lands, and notwithstanding the issuance of any
patent, fee, allotment, right-of-way, lease, or any real property
interest of any kind, held by any person as defined under the Code.

Sec. 1.106  Purposes Of The Solid Waste Management Code.

    The purposes of the Code are to:

         (1)  Protect the health and safety of Tribal
              members and all other persons within the
              exterior boundaries of the Reservation;

         (2)  Protect the cultural, social and economic
              stability of residential, agricultural,
              commercial, industrial, forest, riparian, and
              environmentally sensitive lands within the
              Reservation;

         (3)  Protect the historical and cultural values
              and traditions of the Tribe, the Reservation
              as a permanent Tribal homeland, and the
              aboriginal character of the Reservation;

         (4)  Prevent air, water, and land from solid and
              hazardous waste pollution, including
              contamination of the Tribe's aquifers,
              groundwaters, surface waters, drinking water
              supplies, and all other natural resources;

         (5)  Prevent the deterioration of the environment,
              standard of living, quality of life, welfare
              and well-being of all persons within the
              exterior boundaries of the Reservation;

         (6)  Provide and promote Tribal environmental
              protection and services within the
              Reservation, and to regulate environmental
              activities under principles of Tribal
              sovereignty; and

         (7)  Finance, implement, regulate, and enforce
              environmental standards and criteria, orders
              and permit conditions, and laws and
              regulations under the Code, for the sanitary
              storage, collection, transportation and
              disposal of all solid waste within the
              exterior boundaries of the Reservation.

Sec. 1.107  Consensual Relations Among Non-Members, The Tribe, And 
            Tribal Members.

    Any person who is not a member of the Tribe who uses land
anywhere within the exterior boundaries of the Reservation, whether
trust or non-trust land, enters into consensual relationships with the
Tribe or its members, through commercial dealings, contracts, leases,
or other arrangements.  Such person's use of land involving the
storage, collection, transportation, and disposal of solid waste on
the Reservation will have a demonstrably serious impact upon the
environment, natural resources, public health, safety, welfare,
political integrity, and economic security of the Tribe, and its
members, unless such use is in compliance with the provisions of this
Code, and any rules or regulations promulgated thereunder.
Sec. 1.108  Applicability Of The Solid Waste Management Code.

    Any person who is anywhere within the exterior boundaries of the
Reservation, whether on trust or non-trust lands, agrees to comply
with, and is subject to the Code, and any rules or regulations
promulgated thereunder; all Tribal laws; and all orders of the
Environmental Protection Board, Solid Waste Agency, and Tribal Court. 
All such persons shall have consented to the civil jurisdiction of the
______________ Tribal Court (herein "the Tribal Court"), and shall be
subject to civil prosecution, civil penalties, civil damages, or any
other civil remedies imposed or awarded by the Tribal Court for any
violations of the Code, or any rules or regulations promulgated
thereunder.


CHAPTER TWO--THE TRIBE'S ENVIRONMENTAL PROTECTION BOARD.

Sec. 2.101  Establishment Of The Environmental Protection Board.

    There is an Environmental Protection Board (herein "the Board"),
hereby established, which shall be composed of three Commissioners,
all of whom shall be members of the Tribe.

     The Commissioners shall be appointed by the Chairman of the Tribe
with the advice and consent of the Council.  Each Commissioner shall
serve a term of four (4) years, but to provide for a staggering of
terms for Commissioners, one of the original Commissioners shall be
appointed for a term of two (2) years only, one for a term of three
(3) years only, and one for a term of four (4) years.

     A Commissioner may only be removed by the Council for cause in
compliance with Tribal law.  If a Commissioner is removed, resigns or
is otherwise unable to serve, a replacement shall be appointed by the
Chairman of the Tribe with the advice and consent of the Tribal
Council, and such replacement shall serve the remaining term of the
replaced member.  The Commissioners shall elect a Chairman from among
themselves at the end of each calendar year to serve as the Chairman
for the succeeding calendar year.  A Commissioner may serve as
Chairman of the Board for succeeding calendar years.  The expenses of
the Commissioners, including any staff, equipment and training, shall
be pursuant to a budget which must be approved by the Council.  The
Council shall establish a salary for the Commissioners commensurate
with the amount of time reasonably and necessarily expended by them.
Sec. 2.102  Quorum and Meetings.

    The business of the Board will be conducted at meetings of the
Board duly called and noticed in writing.  A quorum must be present,
which must consist of at least two (2) Commissioners.  Any substantive
action of the Board must be taken by the affirmative votes of at least
two (2) Commissioners and must be recorded in a written resolution of
the Board.  The Board shall meet at such places and times as may be
necessary for the discharge of its duties.  Meetings of the Board may
be called by the Chairman or by two (2) of the Commissioners.  Any
meeting of the Board shall be preceded by at least five (5) days
written notice to the Commissioners, except where immediate action is
necessary to adequately protect human health and the environment.

Sec. 2.103   General Powers And Duties Of The Environmental Protection
             Board.

     The Board, shall implement, administer, and enforce the Code, and
the Tribe's solid waste program, pursuant to all of the powers and
duties delegated to it herein.  The Board shall also be responsible to
administer other environmental programs as authorized under Tribal
law.  The Board is not authorized to consent to jurisdiction,
liability, or waiver of sovereign immunity.

Sec. 2.104   The Environmental Protection Board Shall Develop The
             Tribe's Solid Waste Management Plan.

     The Board, with the assistance of the Director of the Tribe's
Solid Waste Agency, shall develop the Tribe's Solid Waste Management
Plan (herein "the Plan"), which shall include the identification of,
and a plan for the closing of all "open dumps" within the Reservation,
in accordance with the SWDA and Part 258 Criteria.

     The Plan shall also include the formulation of Tribal policies
for all solid waste collection, transportation, handling, treatment,
and disposal on or off the Reservation.  If feasible, the Plan shall
include a resource recovery program for the recycling of solid wastes,
and a program for the disposal of household hazardous wastes other
than in a MSWLF on the Reservation.
     The Plan shall also include a description of any MSWLFs on the
Reservation that are in compliance with the Part 258 Criteria, which
will continue to receive solid waste.  Such Plan shall contain a
descriptive narration of the location, design and operation of such
MSWLFs, and how such MSWLFs will satisfy the Part 258 Criteria.

     The Plan shall also include:

          (a)  An estimation of the volume and composition of all
solid waste which is generated on the Reservation, and an estimation
of the volume and composition of solid waste from sources outside the
Reservation that may be disposed of in any MSWLF on the Reservation
pursuant to any intergovernmental agreement that the Tribal Council
may authorize;

          (b)  An identification of the responsibilities of other
Tribal agencies and entities involved in the implementation of the
Tribe's solid disposal waste program; and the distribution of Federal
or State funds to the Tribal authorities responsible for development
and implementation of the Tribe's solid waste disposal program;

          (c)  A review of the Tribal regulatory systems which are
necessary to implement the Tribe's solid waste disposal program, and
enforce the Code, and rules or regulations promulgated thereunder;

          (d)  A review of any contracts for the closing of all "open
dumps" on the Reservation, or the removal of solid waste disposed of
at "open dumps" on the Reservation to duly authorized facilities off
the Reservation, and an assessment of such costs;

          (e)  A review of the 40 CFR Part 257 Criteria and the
authorization of the disposal of any solid waste on the Reservation
under the Part 257 Criteria under rules and regulations to be adopted
by the Board;

          (f)  The identification of preferred locations on the
Reservation for the establishment of new MSWLFs; and a review of
whether groundwater monitoring could be suspended at such locations
under 40 CFR Sec. 258.50(b); and

          (g)  A study of how solid waste will be disposed of on or
off the Reservation, in compliance with the Part 258 Criteria,
including an assessment of costs for constructing and operating
MSWLFs, or transfer stations on the Reservation, and an assessment of
costs for the collection and transportation of solid waste on or off
the Reservation.

     The Plan may also include any other matters which are relevant to
the Tribe's solid waste disposal program.

     The Board shall submit the Plan to the Council, in writing, for
its review, any modifications, if necessary, and for the Council's
final approval.

Sec. 2.105   The Environmental Protection Board Shall Identify And Close
             All Open Dumps On The Reservation.

     In compliance with the SWDA, the Board shall identify and shall
prohibit the disposal of any solid waste at all "open dumps" on the
Reservation.  The Board shall also take whatever action is necessary
to close in a timely manner all "open dumps" on the Reservation as
required by the Part 258 Criteria.  An "open dump" is a landfill that
does not satisfy the 40 CFR Part 258 Criteria.

Sec. 2.106   The Environmental Protection Board Shall Issue Permits For
             The Location, Construction, Design, Operation, Closure,
             Post-Closure, And Financial Assurance Requirements For
             MSWLFS And For The Collection And Transportation Of Solid
             Waste.

    The Board shall have the authority and responsibility to issue
permits for the location, design, construction, operation, closure,
post-closure, and financial assurance requirements, for any MSWLFs on
the Reservation. The Board shall also have the authority and
responsibility to issue permits for the collection and transportation
of solid waste on the Reservation.  This authority shall not be
delegated to the Director of the Solid Waste Agency.

Sec. 2.107  Power Of The Environmental Protection Board To Conduct
            Hearings.

     In addition to other powers conferred upon it herein, the Board
shall have the power to hold all public or administrative hearings
specifically provided for under this Code.

Sec. 2.108   Power Of The Environmental Protection Board To Take Remedial
             Action, Assess Civil Penalties, And Revoke, Suspend Or
             Modify Permits.

    The power of the Board to enforce compliance with the Tribe's
solid waste disposal program, as more specifically set forth in
Chapter Seventeen herein, includes the power to take remedial action,
assess civil penalties, and revoke, suspend or modify permits.

Sec. 2.109  Duty Of The Environmental Protection Board To Promulgate
            Rules And Regulations, And To Issue Solid Waste Guidance
            Documents.

    The Board shall promulgate rules and regulations from time to
time, as required by the Code, or to implement or enforce any
provisions or requirements of the Code, including a system of civil
fines, sanctions and penalties, for violations of the Code or any
rules and regulations promulgated under the Code.  All rules and
regulations promulgated by the Board within the scope of its authority
and responsibility, shall be submitted to the Council for its
approval, and adoption, before they are enforceable as Tribal law on
the Reservation.  The Board shall adopt rules and regulations for
landfills on the Reservation under the 40 CFR Part 257 Criteria; for
the collection and transportation of solid waste; and other rules and
regulations as required herein.

     The Board, with the assistance of the Director of the Tribe's
Solid Waste Agency, may also approve and issue "Guidance Documents" as
part of the Tribe's solid waste program, which shall contain specific
technical or scientific criteria for implementing the location,
construction, design, operation, closure, or post-closure requirements
for MSWLFs.  Guidance documents may supplement the Part 258 Criteria,
but any criteria set forth in any guidance document shall not be in
conflict with any Part 258 Criteria, or contain any criteria which are
less stringent than the Part 258 Criteria.  Guidance documents issued
by the Board, however, may provide more stringent criteria for MSWLFs
than are required by the Part 258 Criteria.  Guidance documents shall
be enforceable if they are specifically referenced or attached, as
part of, or as a condition of, any permit issued under the Code.

Sec. 2.110  Power Of The Environmental Protection Board To Apply 
            For And Obtain Federal Or State Financial And Technical
            Assistance To Implement The Tribe's Solid Waste Program.

     The Board is authorized to apply as soon as practicable for
Federal or State financial aid, training, and technical assistance,
for development of the Tribe's Solid Waste Management Plan, and to
implement the Tribe's solid waste program.  This shall include grants
available from EPA's Regional Office as may be authorized under the
SWDA; and includes any other Federal grants, funds, or assistance
which may be available from the EPA; the U.S. Bureau of Indian
Affairs; the U.S. Indian Health Service; the U.S. Department of
Housing and Urban Development; the Administration for Native
Americans; and any other Federal, State, or other governmental
agencies or sources, including any Federal appropriations under the
Indian Environmental General Assistance Program Act of 1992, P.L. 102-497.

Sec. 2.111  The Environmental Protection Board Shall Hire A 
            Qualified Director For The Tribe's Solid Waste Agency.

     The Board shall hire, subject to the approval of the Council, a
qualified person with professional experience and certifications
relating to the management and disposal of solid waste, to be the
Director of the Tribe's Solid Waste Agency.  The Director shall be an
employee of the Tribe, and shall be paid a salary established by the
Council.  The Director shall manage the Solid Waste Agency on a day-
to-day basis acting within the scope of his duties and powers as set
forth in Chapter Three herein.

Sec. 2.112   The Environmental Protection Board Shall Prepare And
             File An Annual Report With The Tribal Council.

     The Board shall prepare and file an annual report with the
Council no later than July 1 of each year which shall review the
progress achieved under the Tribe's solid waste program, and shall
include any reports requested by the Tribal Council.  The Board shall
recommend what specific actions should be taken by the Council
regarding the Tribe's solid waste program.


CHAPTER THREE--THE TRIBE'S SOLID WASTE AGENCY

Sec. 3.101   The Tribe's Solid Waste Agency.

     There is hereby established the ____________ Tribe's Solid Waste
Agency (herein "the Solid Waste Agency").  The Solid Waste Agency
shall have the powers, duties, and responsibilities as provided for
herein.

     The Solid Waste Agency shall be managed by a Director appointed
by the Board with the approval of the Council.  The Director shall
perform such duties as are specifically designated by the Code, or as
may be assigned by the Board.

Sec. 3.102   The Solid Waste Agency Is The Lead Tribal Agency.

     The Solid Waste Agency is hereby designated as the Lead Tribal
Agency for all purposes under 40 CFR Part 239 and 40 CFR Part 258. 
The Solid Waste Agency shall communicate with EPA regarding the
Tribe's solid waste program; prepare the application for EPA approval
of the Tribe's solid waste program under the Part 258 Criteria; and
make reports to the EPA in a manner and containing such information as
the Board approves, excluding any confidential or privileged
information.

Sec. 3.103   Duties Of The Director Of The Tribe's Solid Waste
            Agency.

     The specific duties of the Director of the Solid Waste Agency
shall include:

         (1)  Assisting the Board develop the Tribe's Solid
              Waste Management Plan pursuant to the
              requirements of the Code; the SWDA; 40 CFR
              Parts 257 and 258; and 40 CFR Part 239.  The
              goal of this plan shall be the proper
              collection and disposal of all solid waste on
              the Reservation in accordance with the SWDA,
              40 CFR Parts 257 and 258, and the Code.

         (2)  The development of rules and regulations and
              guidance documents which supplement the
              technical standards and criteria for the
              location, construction, design, operation,
              closure, and post-closure, requirements for
              MSWLFs; and which also provide the technical
              standards and criteria for the collection and
              transportation of solid wastes.

         (3)  The preparation of an inventory and location
              of all sites on the Reservation where solid
              waste has been disposed, and a plan to close
              all sites as is required under 40 CFR Part
              258.

         (4)  The location of appropriate sites on the
              Reservation where MSWLFs might be located in
              compliance with the Code and 40 CFR Part 258.

         (5)  The preparation of technical reports for the
              Board or Tribal Council, as may be requested
              from time to time, including environmental
              assessments as may be necessary.

         (6)  The preparation of the application to EPA for
              approval of the Tribe's solid waste program
              under 40 CFR Part 239 and Part 258.

         (7)  The administration, supervision, monitoring,
              investigation,  and enforcement of solid
              waste collection, transportation, and
              disposal on the Reservation in compliance
              with the Code, and all laws, rules and
              regulations, and guidance documents
              promulgated thereunder.

         (8)  The investigation and preparation of
              applications for Federal or State grants,
              funding, and financial and technical
              assistance to implement the Tribe's solid
              waste program.

         (9)  The providing of any assistance to the Board
              as requested from time to time, in matters
              involving the Code, and the Tribe's solid
              waste program; assisting in public education
              as to matters involving solid waste
              collection and disposal on the Reservation;
              and assisting in any public, judicial, or
              administrative hearings, as provided for
              under the Code.

         (10) The supervision of the daily management of
              the Tribe's Solid Waste Agency, and the
              supervision, hiring and management of any
              employees of the Solid Waste Agency which are
              hired by the Tribe.

         (11) The issuance of compliance, cease and desist
              and remedial action orders to any permittee
              under the Code as provided in Chapter
              Seventeen herein; and the application for
              injunctive relief to abate pollution and
              other unlawful activities under the Code
              under Chapter Sixteen herein.

Sec. 3.104   Duty Of The Director Of The Solid Waste Agency To
             Investigate The Activities Of Any Permittee Under The Code.

    Upon complaint by any person which establishes reasonable
grounds, or upon its own motion, the Director of the Solid Waste
Agency shall investigate the activities of any permittee under the
Code.  In conducting an investigation, the Solid Waste Agency shall
have the authority, without reasonable notice, if necessary, to enter
into the permittee's place of business, operation, or facility, to
inspect any books or records of the permittee, to inspect any of the
permittee's property, or sites of possible pollution, and to take
samples.  In addition, the Solid Waste Agency may require, or monitor
such tests as it deems necessary, to ensure that the provisions of the
Code, or any permit conditions, are being complied with by any
owner/operator of a MSWLF, or transporter of solid waste.  Such
authority may be exercised by the Director of the Solid Waste Agency,
including any authorized employee, agent or representative of the
Solid Waste Agency, and including any agents of the U.S. Environmental
Protection Agency who are specifically authorized by both the Director
of the Solid Waste Agency and the Board.  The Director of the Solid
Waste Agency shall, in addition, have those powers and duties set
forth in Chapter Nineteen of the Code regarding compliance monitoring
of permittees.

     The Director of the Solid Waste Agency, or his agents, are
authorized to investigate the activities of any person who is
suspected to have violated, or may be violating, any provisions of the
Code, any rules or regulations promulgated thereunder, or any permit
conditions.


CHAPTER FOUR--UNLAWFUL DISPOSAL OR BURNING OF SOLID OR
              HAZARDOUS WASTE ON THE RESERVATION

Sec. 4.101  Prohibition Of Dumping Of Solid Waste.

    On or after _____________, 19__, any landfill or site where solid
waste may have previously been disposed at anywhere within the
exterior boundaries of the Reservation is deemed to be permanently
closed, unless before then:

         (1)  Such site is specifically determined by the
              Environmental Protection Board to be in
              compliance with 40 CFR Part 258; and

         (2)  Such site is specifically determined by the
              Environmental Protection Board to be a MSWLF
              where solid waste may be disposed of under 40
              CFR Part 258; or

         (3)  Such site is specifically determined by the
              Environmental Protection Board to be a
              landfill where solid waste may be disposed of
              under 40 CFR Part 257.

     Any landfill site on the Reservation which has not been
determined by the Board to be a MSWLF, or a landfill authorized to
accept waste under 40 CFR Part 257, on or after ____________, 19__, is
considered to be an open dump site.

     It is expressly prohibited and shall be unlawful, for any person
to dispose of, or dump, scatter, or place, or cause to be dumped,
scattered or placed, any solid waste as defined under this Code,
including any hazardous waste as defined under this Code, at or near
an open dump site within the exterior boundaries of the Reservation,
or on any other land within the exterior boundaries of the
Reservation, except as disposal may be permitted under the Code at a
duly authorized and designated MSWLF or Part 257 landfill.

Sec. 4.102   Prohibition Of Regulated Or Conditionally Exempt Small
             Quantity Generator Hazardous Waste.

     The receiving, accepting, handling, treatment, storage,
processing, dumping or disposal of regulated hazardous waste, as
defined under the Code anywhere within the exterior boundaries of the
Reservation is expressly prohibited and unlawful.  Transportation of
any regulated hazardous waste within the exterior boundaries of the
Reservation must be in full compliance with Federal law, or is
otherwise unlawful.

     The collection, storage, transfer, transportation, and disposal
off the Reservation of conditionally exempt small quantity generator
hazardous waste generated on the Reservation, is subject to such rules
and regulations as the Board may issue in compliance with Federal law. 
Any violation of such rules or regulations is expressly prohibited and
unlawful.

     These prohibitions do not apply to household hazardous waste
which is not a regulated hazardous waste, and which may lawfully be
disposed of at a MSWLF on the Reservation.
Sec. 4.103   Prohibition Of Burning Of Solid Or Hazardous Waste.

     On or after _____________, 19__, it is expressly prohibited, and
shall be unlawful, for any person to burn any solid or hazardous waste
at a MSWLF, or anywhere else within the exterior boundaries of the
Reservation, except as the Board may specifically authorize or permit
by rule or regulation which is not prohibited by Federal law.  The
Board may authorize by rule and regulation, the infrequent open
burning of agricultural wastes, silvicultural wastes, landcleaning
debris, diseased trees, or debris from emergency cleanup operations at
a MSWLF.

Sec. 4.104   Criminal Penalties.

     Any person over whom the Tribal court can exercise criminal
jurisdiction, and who violates any of the provisions of Secs. 4.101;
4.102; or 4.103, shall, upon conviction in Tribal Court, be guilty of
a criminal offense, and shall be subject to a fine of not less than
One Hundred Dollars ($100.00), nor more than Five Thousand Dollars
($5,000.00), for each day each violation occurs, and in the discretion
of the Tribal Court, may also be subject to imprisonment in the Tribal
jail of not less than one day, nor more than ninety days, for each day
each violation occurs.  As an alternative sentence, any person found
guilty of violating any of the provisions of Secs. 4.101; 4.102; or
4.103, may be placed on probation, and required by the Tribal Court to
provide not less than forty (40) hours, but not more than two hundred
(200) hours, of community service assisting the Solid Waste Agency, or
performing other kinds of community service.

Sec. 4.105   Civil Penalties.

     Any person who violates any of the provisions of Secs. 4.101; 4.102;
or 4.103, is subject to the imposition of civil penalties for such
unlawful activities.  The Director of the Solid Waste Agency through
the Tribe's Attorney General is authorized to file a civil action
against such person on behalf of the Tribe in the Tribal Court for
civil penalties, including reasonable attorney's fees and costs.  Any
civil action concerning such violation(s) shall be heard in the Tribal
Court, and the alleged violator shall be served and have an
opportunity to be heard.  Any person who is found by the Tribal Court
to have committed the alleged violation(s), shall be subject to a
civil penalty, of not less than One Hundred Dollars ($100.00), but not
more than Fifteen Thousand Dollars ($15,000.00), for each day each
violation occurs, including reasonable attorney's fees and costs.

Sec. 4.106   Civil Damages.

     The Director of the Solid Waste Agency through the Tribe's
Attorney General is authorized to bring a civil action on behalf of
the Tribe or its members, in the Tribal Court, or any other court of
law, against any person who has committed any violation under
Secs. 1-4-101; 1-4-102; or 1-4-103, for all civil damages caused,
including damages to the land or natural resources of the Tribe or its
members, and for the reasonable costs actually incurred or to be
incurred by the Tribe for cleaning up any solid or hazardous waste, or
abating the effects thereof, together with the costs of suit,
including reasonable attorney's fees.  The Tribal Council must approve
the filing of any civil action for damages before such action is
filed.

Sec. 4.107   Other Remedies.

     Any Tribal law enforcement officer is authorized to seize the
property of any person who commits and is charged with the criminal
violation of any of the provisions of Secs. 4.101, 4.102, or 4.103, if
such property while used in the commission of such offense(s) is
located on the Reservation.  If such person is convicted of any
offense under Secs. 4.101, 4.102, or 4.103, such seized property shall be
forfeited to the Tribe.

     Likewise, any Tribal law enforcement officer is authorized to
seize the property of any person who commits any civil violation of
any of the provisions of Secs. 4.101, 4.102, or 4.103, if such property
while used in the commission of such offense(s) is located on the
Reservation.  Such property shall be seized as security for the
payment of any civil penalties or damages which may be assessed or
imposed, and such property is subject to forfeiture to the Tribe for
payment of any civil penalties or damages actually assessed or
imposed.

     All civil penalties assessed by the Tribal Court shall be paid to
the Environmental Protection Board, and shall be retained in a trust
fund designated for paying costs of remedial responses to
environmental emergencies occurring on the Reservation, and shall only
be expended for such purposes.  This includes any property which is
forfeited to the Tribe for payment of civil penalties.

     All civil damages shall be paid to the Tribe.  This includes any
property which is forfeited to the Tribe for payment of civil damages.

     Reasonable attorney's fees awarded in any civil action shall be
paid to the Tribe, if the attorney(s) is an employee(s) of the Tribe,
or shall otherwise be paid according to the provisions of any retainer
agreement.  All costs of suit awarded in any civil action shall be
paid to the Tribe.

     Any person who is not a member of the Tribe who is found by the
Tribal Court to have committed any violation(s) under Secs. 1-4-101;
1-4-102; or 1-4-103, may be excluded from the Reservation; and may
have his, her or its rights to engage in commercial dealings or
consensual activities on the Reservation suspended or terminated.

     Any civil penalties or damages imposed under this Chapter are in
addition to, and do not supersede or limit any other remedies which
may be available to the Tribe, including the filing of an action for
injunctive relief in Tribal Court, or the filing of a civil action for
civil damages or any other relief in any court of competent
jurisdiction.


CHAPTER FIVE--REQUIRED PERMITS FOR THE COLLECTION AND TRANSPORTATION
              OF SOLID WASTE AND MUNICIPAL SOLID WASTE LANDFILLS

Sec. 5.101   Required Permits For The Collection And Transportation
             Of Solid Waste And The Construction And Operation Of MSWLFs.

     Tribally chartered corporations or agencies, private enterprises,
or any other persons are required to obtain a permit from the Board to
either collect and transport solid waste, or to construct or operate a
municipal solid waste landfill(s) within the exterior boundaries of
the Reservation. Any permittee shall be required to comply with the
Code, any rule or regulation promulgated thereunder, all Tribal
environmental standards and criteria, all relevant guidance documents,
all permit conditions, all orders issued by the Board or Solid Waste
Agency under authority of the Code, and all applicable Federal or
Tribal laws, environmental in nature or otherwise.

     No tribally chartered corporation or agency, private enterprise,
or person may collect or transport solid waste, or construct or
operate a MSWLF within the exterior boundaries of the Reservation
without first having obtained from the Board either (1) a solid waste
collection and transportation permit; or (2) a solid waste facility
construction and/or operation permit.

     Any qualified tribally chartered corporation, agency, private
enterprise, or person may file an application with the Board for a
permit to collect and transport solid waste, or to construct and/or
operate a MSWLF on the Reservation.

Sec. 5.102   Permits For The Construction And Operation of MSWLFs.

     Any application for a permit to construct and/or operate a MSWLF
must contain all of the information, tests, and data that are
necessary to demonstrate that the permittee will comply with all of
the provisions of the Code; the SWDA; 40 CFR Part 258; and all solid
waste rules or regulations, technical standards or criteria, or
applicable guidance documents.  In addition, the Director of the Solid
Waste Agency, may require that a permittee acquire or perform such
additional information, tests or studies, as he deems reasonably
necessary to demonstrate compliance with the Code.

     The permit application to construct and/or operate a MSWLF must
contain the following minimum information:

         (1)  A legal description and area map of the site
              of the proposed facility.

         (2)  A title report showing ownership of the site
              of the proposed facility, and all
              encumbrances, covenants, conditions,
              restrictions, reservations to title and
              easements and rights of way on or across the
              site.

         (3)  Proof that the applicant is the owner or
              holds an interest or lease in the proposed
              site; that all taxes, fees and lease payments
              are current; and if not, that the applicant
              has a notarized consent from the owner
              approving the use of the land for purposes set
              forth in the application; approval from the
              Tribal Council, and if the land is leased or
              permitted under Title 25 of the United States
              Code, approval of the Secretary of Interior
              or his authorized delegate, and a certified
              copy of the lease or permit, with all exhibits
              and attachments thereto.

         (4)  A general design plan for the facility
              certified by a professional engineer.

         (5)  A map and aerial photograph of the area to be
              used for the MSWLF showing all land use and
              political jurisdiction within five miles of
              the landfill site.  The map and aerial
              photograph shall be of sufficient scale to
              show all homes, airports, wells, water ways,
              topography, roads, and other objects that may
              be affected.

         (6)  A report indicating the following:

                      (a)   The population and area to be served by
                            the proposed site and life expectancy of
                            the facility;

                      (b)   The geological formation, aquifer
                            characteristics, and groundwater
                            elevations below the lowest elevation of
                            the site.  Such data will be obtained by
                            soil boring and other appropriate means;

                      (c)   The source and characteristics of cover
                            material to be used;

                      (d)   Reliable data on existing ground water
                            quality within 2,000 feet of the site;

                      (e)   Topography of the site and drainage
                            patterns; and

                      (f)   Location of the 100 year flood plain as
                            approved by the Director of the Solid
                            Waste Agency in relation to the site.

         (7)  A design and plan of operations for the
              facility, certified by a professional
              engineer, which identifies how the landfill
              will meet the standards and criteria of the
              Code and 40 CFR Part 258 for the location,
              design, performance, operating standards,
              groundwater monitoring, closure, post-closure,
              and financial assurance requirements.  The
              design shall include, as well, one or more
              topographic maps with contour intervals.
              The maps should show the proposed fill area,
              borrow areas, access roads, drainage areas,
              fencing, equipment and buildings, and the
              groundwater monitoring systems.

         (8)  A financial statement, estimating the cost of
              construction, operation, closure and post-
              closure of the site, explaining the
              applicant's financial condition and the
              applicant's ability to fund the continued
              operation, closure, and post-closure of the
              site in compliance with the Code and the
              financial assurance requirements of 40 CFR
              Part 258.

         (9)  An identification statement certified as to
              its truth and accuracy, signed by the
              applicant, and notarized, containing the
              following information:

              (a)  Name, address, social security number
                   and phone number of all persons owning
                   or holding an interest in the applicant
                   of 5% or more;

              (b)  Name, address, social security number,
                   and phone number of all officers,
                   directors, or partners; 

              (c)  A statement that no officer, director,
                   partner or holder of an interest of 5%
                   or more, has ever been convicted of a
                   felony, and that no felony charges are
                   currently pending;

              (d)  A statement which discloses in detail
                   any charge, complaint, fine, order,
                   decree, statement, or finding of "no
                   contest" for violation of any Tribal,
                   Federal, State, county or municipal
                   environmental or health law, regulation,
                   permit or condition against any officer,
                   director, partner or holder of an
                   interest of 5% or more within the past
                   five (5) years, including the
                   jurisdiction, disposition, and name,
                   address and phone number of the person
                   who filed the original charge or
                   complaint, and the name of the Director,
                   Board, Administrative Body, Judge,
                   Justice of the Peace, Magistrate or
                   Arbitrator who levied or entered any
                   fine, order, penalty, decree, statement
                   or finding.

         (10) A current financial statement of the
              applicant's net worth, including a
              description of major assets and liabilities,
              and any other financial information requested
              by the Board.

         (11) A description of any judgments rendered
              against any officer, director, partner or
              holder of an interest of 5% or more in the
              applicant, for five (5) years preceding the
              date of the application.

         (12) A description of any bankruptcy or insolvency
              proceedings instituted by any officer,
              director, partner, or holder of an interest
              of 5% or more in the applicant, for five (5)
              years preceding the date of the application.

    The Board shall not issue a solid waste construction and/or
operation facility permit unless the Tribe has issued a land use
permit, or lease, authorizing the operation of the MSWLF facility.

     The Board may issue a solid waste construction and/or operation
facility permit, only if it finds, on the basis of information
contained in the application and otherwise available to it, and only
after conducting a public hearing as specified in Sec. 5.104 herein, that
the applicant will comply with the Code; the 40 CFR Part 258 Criteria;
and all rules or regulations, technical standards and criteria,
guidance documents, and permit conditions.

     The Board must also find that the applicant has the financial and
technical ability to construct and/or operate, close, and post-close
the MSWLF as required by the Code.

     The burden of proof shall rest on the applicant to demonstrate
compliance with all Tribal solid waste criteria and requirements.  The
issuance or denial of any permit by the Board is completely
discretionary.  In issuing any permit, the Board may impose permit
conditions which are more stringent than provided under the Code, if
such are reasonably necessary.  The Board shall not issue a solid
waste construction and/or operation facility permit, unless it is
convinced that the primary consideration of the permittee is to
prevent environmental damage and protect the public health.  The long-
term protection of the Tribe's public health, environment, and natural
resources, shall be a critical consideration for the Board's issuance
or denial of a permit.

     A solid waste operation facility permit shall be valid for the
operation, closure, and post-closure period designated and required
for such MSWLF, but such permit is subject to revocation, suspension,
or modification as provided in Chapter Seventeen herein.  Any
conditions imposed on any solid waste construction and/or operation
facility permit issued by the Board may only be modified after a
public hearing which is duly noticed regarding modification of such
permit.

Sec. 5.103  Permits For The Collection And Transportation Of Solid
            Waste.

     As a condition for the issuance of a solid waste collection and
transportation permit, the Board shall require every vehicle operated
by the transporter to be conspicuously marked to identify the solid
waste transported.  Every vehicle shall be marked with the trade name
of the transporter, and the number of the solid waste transportation
permit issued pursuant to this Section.  Every vehicle and driver must
be licensed by the State of _________, and must comply with all safety
and insurance requirements of the State of _____________.

     As a condition for the issuance of a solid waste collection and
transportation permit, a transporter agrees to make an annual report
by December 1 of each year, to the Board, indicating the number and
type of installations emptied or cleaned, the volume and nature of
solid waste disposed of, the place and manner in which such solid
waste was finally disposed, and such other information as the Board
may require.  A renewal may be denied by the Board for failure of the
permittee to properly and timely file such annual report.

     Solid waste permits for the collection and transportation of
solid waste must be renewed annually by the Board on a calendar basis. 
The Board shall adopt rules and regulations for solid waste collection
and transportation on the Reservation, including the operation of
transfer stations, and may impose whatever conditions it deems
reasonably necessary to protect the environment, and the health,
safety and welfare of the Tribe and its members before issuing any
permit under this section.

Sec. 5.104  Public Hearing On MSWLF Permit Applications.

     No solid waste construction and/or operation facility permit
shall be issued unless there has been a public hearing conducted by
the Board at which the applicant and all interested persons shall have
an opportunity to present relevant evidence and be heard on whether
the application should be granted, or whether there are any special
conditions which should be included in such permit.  All applications
for a solid waste construction and/or operation facility permit,
including all documentation required for such permit, shall be
available for public review and inspection at least sixty (60) days in
advance of the hearing.  The Board shall publish weekly notice of such
public hearing on each application beginning at least sixty (60) days
in advance of the hearing in the most widely circulated newspaper on
the Reservation, for three consecutive weeks.  The Board shall also
post notice of the public hearing near the proposed permanent site for
a MSWLF, but viewable to the public, at least sixty (60) days in
advance of the hearing.  The Board may designate issues it deems most
relevant for the public hearing in the public notice, but the Board
shall consider all issues which are raised at the hearing.  The public
hearing shall be continued until all persons have had an opportunity
to present their views.

Sec. 5.105  Oath And Application Filing Fees.

     Each report and application filed shall be signed or notarized
under oath in a form approved by the Board.  Each application shall be
accompanied by a reasonable filing fee established by the Board to
reflect the Tribe's costs of processing the application or preparing
an environmental assessment, the public notice and hearing, and the
costs of technical and legal consultants to review the application,
prepare an environmental assessment, attend the hearing, and to
prepare the permit, exhibits, and guidance documents.

Sec. 5.106  Fees And Taxes.

     In order to recover operating costs, the Tribe may impose
reasonable fees on each permittee who constructs or operates a MSWLF,
or collects and transports solid waste.  Any fees to be imposed by the
Tribe shall be specifically referred to in each permit.  In addition,
the Tribe may impose taxes on each permittee who operates a MSWLF, or
collects and transports solid waste.  The payment of such fees or
taxes shall be a condition of maintaining such permit.


CHAPTER SIX--GENERAL EFFECTIVE DATES FOR PART 258 CRITERIA,
             CLOSURE AND COVER DATES

Sec. 6.101   General Effective Dates.

     The general effective date for the self-implementation of the
Part 258 Criteria for certain MSWLFs is October 9, 1993, but the
general effective date for certain other MSWLFs, is either April 9,
1994, or October 9, 1995.

     Because there are three different general effective dates for
application of the Part 258 Criteria, the Board is directed to
determine as part of the Tribe's Solid Waste Management Plan, which
effective dates apply to each existing solid waste landfill facility
on the Reservation.  The Board shall determine if any facilities meet
the small landfill exemption criteria in 40 CFR Sec. 258.1, which would
extend the general effective date of the Part 258 Criteria to such
facilities to October 9, 1995.

Sec. 6.102   Closure And Cover Dates.

     The Board shall determine as part of the Tribe's Solid Waste
Management Plan, which solid waste landfill facilities on the
Reservation must be closed based upon the Part 258 Criteria; by what
dates such facilities must be closed based upon the Part 258 Criteria;
and by what dates the final covers must be installed on such
facilities so that none of the other Part 258 Criteria will apply to
such facilities.  All solid waste landfill facilities on the
Reservation that received solid waste on or after October 9, 1991,
must have a final cover based upon the Part 258 Criteria.


CHAPTER SEVEN--LOCATION RESTRICTIONS

Sec. 7.101   In General.

     Subpart B of 40 CFR Part 258 establishes six location restriction
criteria for MSWLFs, which are incorporated by reference herein.  The
Board, in its discretion, may impose more stringent location
restrictions than the Federal criteria specified in Subpart B, as set
forth herein.

     Three of these location restriction criteria apply to new and
existing MSWLFs, and they require that existing MSWLFs must be closed
by October 9, 1996, if the owner/operator cannot demonstrate to the
satisfaction of the Board that the existing MSWLFs meet the specific
location criteria.  By October 9, 1996, all MSWLFs on the Reservation
will have to satisfy the:

         (1)  the airport safety criteria;

         (2)  the floodplain criteria; and

         (3)  the unstable area criteria.

or else they must be closed.

     The Board is directed to determine as part of the Tribe's Solid
Waste Management Plan, whether any existing MSWLFs comply with the
airport safety; floodplain; and unstable area criteria, and if not,
the Board shall order that they shall be closed as required by law.

     If the Tribe's solid waste disposal program is approved by EPA,
then the Board has the discretion to extend the deadline for closing
existing MSWLFs that do not meet these three criteria, for up to two
years after October 9, 1996, but only if it finds that there is no
alternative waste disposal capacity; and that there is no potential
risk to human health and the environment.

     The other three location restriction criteria, namely, wetlands,
fault areas, and seismic impact zone, do not apply to existing units,
but do apply to any lateral expansion of any existing MSWLFs on or
after October 9, 1993, and do apply to all new MSWLFs, on or after
October 9, 1993.

Sec. 7.102  Airport Safety.

     40 CFR Sec. 258.10 specifies that new MSWLFs, existing MSWLFs,
and lateral expansions may not be located within 10,000 feet of any
airport runway end used by jet aircraft, or within 5,000 feet of any
airport runway end used only by piston-type aircraft, unless the
owner/operator demonstrates that the units are designed and operated
so that the MSWLF unit does not pose a bird hazard to aircraft.

     The Board shall apply these airport location restriction criteria
to existing, new, or lateral expansions of MSWLFs.  The owner or
operator shall demonstrate in the facility plan that the facility is
designed and operated so that it does not pose a bird hazard to
aircraft, and place this demonstration in the operating record.  As to
any existing MSWLF, there must be a demonstration placed in the
operating record by the owner/operator that the airport safety
criteria has not and will not be violated; otherwise the Board shall
order that such site be closed.

     Any owner or operator who operates a MSWLF within a five mile
radius of any airport runway end used by turbojet or piston-type
aircraft, must notify the affected airport, and the appropriate
Federal Aviation Administration (FAA) office.

Sec. 7.103  Floodplains.

    40 CFR Sec. 258.11 requires that an owner/operator of a new,
existing, or lateral expansion of a MSWLF must demonstrate that a
location within a 100 year floodplain will not restrict the flow of a
100 year flood, reduce the temporary storage capacity of the
floodplain, or result in any washout of solid waste which would pose a
hazard to human health or the environment.  

     If any existing MSWLF does not satisfy the floodplain criteria,
it must be closed by October 9, 1996, or up to two years later, if the
Board finds that there is no alternative waste disposal capacity, and
there is no immediate threat to human health and the environment.

     As to new MSWLFs, or lateral expansions, the Board on a site-
specific basis, may adopt a more stringent flood plain location
criteria than the Federal criteria, and determine that a new MSWLF
shall not be located within a certain minimum distance of a 100 year
floodplain, depending on the circumstances to prevent any possibility
of a washout of solid waste by storm water, or surface water run off,
and surface or groundwater contamination.

     As to any existing MSWLF, there must be a demonstration placed in
the operating record by the owner/operator that the floodplain
criteria has not and will not be violated; otherwise, the Board shall
order that such site be closed.

Sec. 7.104  Wetlands.

    "Wetlands" mean those areas which are defined in 40 CFR
Sec. 232.2(r), and include, but are not limited to, swamps, marshes, bogs
and similar areas, and are defined as those areas that are inundated
or saturated by surface or groundwater at a frequency and duration
sufficient to support, and that under normal conditions do support, a
prevalence of vegetation typically adapted for life in saturated soil
conditions.

     No new MSWLFs or lateral expansions shall be located in wetlands,
unless the owner/operator can make the demonstrations as required
under the Federal criteria in 40 CFR Sec. 258.12.  The Board, may in its
discretion, however, refuse to permit any new MSWLFs, or lateral
expansions of existing MSWLFs, in any areas which are wetlands as
defined herein.

Sec. 7.105  Fault Areas.

    40 CFR Sec. 258.13 dealing with fault area criteria only applies to
new MSWLFs or lateral expansions, and is incorporated herein.  The
Board shall not permit any new MSWLF units or lateral expansions to be
located within 200 feet (60 meters) of a fault that has had
displacement in Holocene time.

     For the purposes of this section:

         (a)  "Fault" means a fracture or a zone of
              fractures in any material along which strata
              on one side have been displaced with respect
              to that on the other side.

         (b)  "Displacement" means the relative movement of
              two sides of a fault measured in any
              direction.

         (c)  "Holocene" means the most recent epoch of the
              Quaternary period extending from the end of
              the Pleistocene Epoch to the present.

Sec. 7.106  Seismic Impact Zones.

    40 CFR Sec. 258.14 dealing with seismic impact zones only applies to
new MSWLFs or lateral expansions, and is incorporated herein.  New
MSWLFs or lateral expansions shall not be located in seismic impact
zones, unless the owner/operator demonstrates to the satisfaction of
the Board, and the Board finds, that all containment structures,
including liners, leachate collection systems, and surface water
control systems, are designed to resist the maximum horizontal
acceleration in lithified earth material for the site.  The
owner/operator must place such demonstration in the operating record. 
For purposes of this Section, seismic impact zones are defined as
areas having a 10 percent or greater probability that the maximum
expected horizontal acceleration in lithifield earth material,
expressed as a percentage of the earth's gravitation pull (g), will
exceed 0.10g in 250 years.

Sec. 7.107  Unstable Areas.

    40 CFR Sec. 258.15 dealing with the unstable area criteria, like the
airport safety and 100 year floodplain criteria, applies to existing,
as well as new MSWLFs or lateral expansions of existing MSWLFs.  40
CFR Sec. 258.15 is incorporated by reference herein.  Owners/operators of
MSWLFs which are located in an "unstable area" must demonstrate that
engineering measures have been incorporated into an MSWLF unit design
to ensure that the integrity of the structural components of the MSWLF
unit will not be disrupted.  The following factors, at a minimum, must
be considered when demonstrating whether an area is unstable:

         (1)  On-site or local soil conditions that may
              result in significant differential settling;
              and

         (2)  On-site or local geologic or geomorphologic
              features; and

         (3)  On-site or local human-made features or
              events (both surface and subsurface).

         (4)  For purposes of this section:

              (a)  "Unstable area" means a location that is
                   susceptible to natural or human-induced
                   events or forces capable of impairing
                   the integrity of some or all of the
                   landfill structural components
                   responsible for preventing releases from
                   a landfill.  Unstable areas can include
                   poor foundation conditions, areas
                   susceptible to mass movements, and Karst
                   terrains.

    All MSWLFs on the Reservation which are located in an "unstable
area" must be closed by October 9, 1996, absent a demonstration placed
in the operating record by the owner or operator that such MSWLF
satisfies the "unstable area" criteria.  The Board shall not permit
any new MSWLFs, or lateral expansion in any unstable areas.

Sec. 7.108   Closure Of Existing Municipal Solid Waste Landfill
             Units Which Cannot Meet Location Restriction Criteria.
 
     Existing MSWLF units which cannot make the demonstrations
specified in 40 CFR Sec. 258.10 (pertaining to airports), or 40 CFR
Sec. 258.11 (pertaining to floodplains); or 40 CFR Sec. 258.15 (pertaining
to unstable areas), must close by October 9, 1996, or later if
permitted by the Board, in accordance with 40 CFR Sec. 258.16.  Closure
and post-closure activities must then be conducted in accordance with
40 CFR Secs. 258.60 and 258.61.  The deadline for closure may be extended
up to two years by the Board, but only if the owner/operator
demonstrates, and the Board finds after conducting a public hearing
that:

         (1)  there is no available alternative disposal
              capacity; and

         (2)  there is no immediate threat to human health
              and the environment.


CHAPTER EIGHT--OPERATING CRITERIA FOR MSWLFs

Sec. 8.101  In General.

     40 CFR Secs. 258.20 through 258.29 are incorporated by reference
herein.  All owner/operators of MSWLFs shall comply with the Part 258
Criteria, in addition to any additional waste management operating
criteria specified in this Code, rules or regulations, or in any
conditions in the MSWLF facility operation permit, or in guidance
documents, or in orders of the Board or Director of the Solid Waste
Agency.

Sec. 8.102   Procedures For Excluding The Receipt Of Regulated Hazardous
             Waste.

     Owners or operators of all MSWLF units must implement a written
program under 40 CFR Sec. 258.20 at each facility for detecting and
excluding all regulated hazardous wastes as defined in 40 CFR Part 261
and certain other unregulated hazardous wastes as defined herein,
including conditionally exempt small quantity generator hazardous
wastes, and polychlorinated biphenyls (PCBs) wastes as defined in 40
CFR Part 761.

     Operational activities to exclude regulated hazardous wastes and
small quantity generator hazardous wastes, must include, at a minimum,
the following:

         (1)  A person on duty at all times during
              operating hours;

         (2)  Random inspections of incoming loads;

         (3)  Inspection of suspicious loads and
              recordkeeping of all inspection results;

         (4)  Training of personnel to recognize hazardous
              wastes.  The training should emphasize
              familiarity with containers and labels
              typically used for hazardous wastes and other
              hazardous materials;

         (5)  Notification procedures if a regulated
              hazardous waste is discovered at a MSWLF,
              including the notification of the EPA
              Regional Administrator, and the Director of
              the Solid Waste Agency, and the
              transportation of such wastes off site to a
              RCRA subtitle C facility.  Handling
              procedures should include securing the area;
              the obtaining of samples for testing
              purposes; the determination of the waste
              characteristics by analytical methods; and a
              contractual agreement with a hazardous waste
              handler with an EPA ID number for hauling
              hazardous waste off-site to an approved RCRA
              subtitle C facility.

    Conditionally exempt small quantity generator hazardous waste is
defined under 40 CFR Part 261, and such wastes shall not be disposed
of at any MSWLFs on the Reservation, even though such wastes are not
regulated hazardous wastes.
Sec. 8.103  Daily Cover Material Requirements.

    40 CFR Sec. 252.21 is incorporated by reference herein.  An
owner/operator of a MSWLF unit must cover disposed solid waste with
six inches of earthen material at the end of each operating day, or at
more frequent intervals if necessary, to control disease vectors,
fires, odors, blowing litter, and scavenging.

     If the EPA approves the Tribe's solid waste program, then the
Director of the Solid Waste Agency may approve alternate materials, or
an alternate thickness for daily cover requirements, but only if an
owner/operator can demonstrate, and the Director of the Solid Waste
Agency finds that the alternative material or thickness will control
disease vectors, fires, odors, blowing litter, and scavenging, without
presenting a threat to human health and the environment.

Sec. 8.104  Disease Vector Control.

    40 CFR Sec. 258.22 is incorporated as follows:

         (1)  Owners or operators of all MSWLF units must
              prevent or control on-site populations of
              disease vectors using techniques appropriate
              for the protection of human health and the
              environment.

         (2)  For purposes of this section, "disease
              vectors" means any rodents, flies,
              mosquitoes, or other animals, including
              insects, capable of transmitting disease to
              humans.

Sec. 8.105  Explosive Gases Control.

    40 CFR Sec. 258.23 is incorporated by reference herein.  There must
be methane gas monitoring at all MSWLFs on the Reservation in
compliance with 40 CFR Sec. 258.23.  The Director of the Solid Waste
Agency must approve any methane gas monitoring plan for a MSWLF.  An
owner/operator must immediately notify the Director of the Solid Waste
Agency if the concentration of methane gas exceeds the lower explosive
limit for methane in facility structures or at the facility property
boundary.  An owner/operator must also within seven days place in the
operating record documentation of the methane gas levels detected and
a description of the interim steps taken to protect human health.  An
owner/operator must also implement a remediation plan for methane gas
releases within 60 days of detection, as approved by the Director of
the Solid Waste Agency, and such remediation plan must be placed in
the operating record.

Sec. 8.106  Air Criteria.

    40 CFR Sec. 258.24 is incorporated as follows:

         (1)  Owners or operators of all MSWLFs must ensure
              that the units do not violate any applicable
              requirements developed under a Tribal
              Implementation Plan approved or promulgated
              by the Administrator of the EPA pursuant to
              section 110 of the Clean Air Act, as amended,
              or any other applicable Tribal air quality
              law.

         (2)  Open burning of solid waste is prohibited at
              all MSWLF units, except as the Board may
              specifically authorize by rule or regulation
              which is not prohibited by Federal law.

Sec. 8.107  Access Requirements.

       40 CFR Sec. 258.25 is incorporated as follows:

         Owners or operators of all MSWLF units must
         control public access and prevent unauthorized
         vehicular traffic and illegal dumping of wastes by
         using artificial barriers, natural barriers, or
         both, as appropriate to protect human health and
         the environment.

Sec. 8.108  Run-On/Run-Off Control Systems.

       40 CFR Sec. 258.26 is incorporated as follows:

         (1)  Owners or operators of all MSWLF units must
              design, construct, and maintain:

              (a)  A run-on control system to prevent flow
                   onto the active portion of the landfill
                   during the peak discharge from a 25-year
                   storm;

              (b)  A run-off control system from the active
                   portion of the landfill to collect and
                   control at least the water volume
                   resulting from a 24 hour, 25-year storm;
                   and

              (c)  Run-off from the active portion of the
                   landfill unit must be handled in
                   accordance with 40 CFR Sec. 258.27(a).

Sec. 8.109  Surface Water Requirements.

       40 CFR Sec. 258.27 is incorporated as follows:
       MSWLF units shall not:

         (a)  Cause a discharge of pollutants into waters
              of the United States, including wetlands,
              that violate any requirements of the Clean
              Water Act, including, but not limited to, the
              National Pollutant Discharge Elimination
              System (NPDES) requirements, pursuant to
              section 402 of the Clean Water Act.

         (b)  Cause the discharge of a nonpoint source of
              pollution to waters of the United States,
              including wetlands, that violate any
              provisions of the Clean Water Act, or any
              Tribal water quality laws.

Sec. 8.110  Liquids Restrictions.

    40 CFR Sec. 258.28 is incorporated herein.  Bulk or noncontainerized
liquid waste may not be placed in MSWLFs unless:

         (1)  The waste is permitted household waste other
              than septic waste; or

         (2)  The waste is leachate or gas condensate
              derived from the MSWLF unit and the MSWLF
              unit, whether it is a new or existing MSWLF,
              or lateral expansion, is designed with a
              composite liner and leachate collection
              system as described in 40 CFR Sec. 258.40(a)(2).

Gas condensate means the liquid generated as the result of a gas
recovery process at the MSWLF unit.  Any MSWLF unit design
documentation for placement of leachate or gas condensate in a MSWLF
unit must be placed in the operating record, and the Director of the
Solid Waste Agency must be notified that it has been placed in the
operating record.

     Containers holding liquid waste may not be placed in a MSWLF unit
unless:

         (1)  The container is a small container similar in
              size to that normally found in household waste;

         (2)  The container is designed to hold liquids for
              use other than storage;

         (3)  The waste is household waste.

Sec. 8.111  Recordkeeping Requirements.

    The recordkeeping requirements of 40 CFR Sec. 258.29 are
incorporated as follows:

         (a)  The owner or operator of a MSWLF unit must
              record and retain in an operating record, in
              a location to be approved by Director of the
              Solid Waste Agency, the following information
              as it becomes available:

              (1)  Any location restriction demonstration
                   required under Chapter Seven herein;

              (2)  Inspection records, training procedures,
                   and notification procedures required
                   under Sec. 8.102 herein;

              (3)  Gas monitoring results from monitoring
                   and any remediation plans required by
                   Sec. 8.105 herein;

              (4)  Any MSWLF unit design documentation for
                   placement of leachate or gas condensate
                   in a MSWLF unit under Sec. 8.110 herein;

              (5)  Any demonstration, certification,
                   finding, monitoring, testing, or
                   analytical data required under Chapter
                   Ten herein;

              (6)  Closure and post-closure care plans and
                   any monitoring, testing, or analytical
                   data as required under Chapter Eleven
                   and Twelve herein; and

              (7)  Any cost estimates and financial
                   assurance documentation required by
                   Chapter Thirteen herein; and

              (8)  Any information demonstrating compliance
                   with the small community exemption as
                   required by 40 CFR 258.1(f)(2).

         (b)  The owner or operator of a MSWLF unit must
              notify the Director of the Solid Waste Agency
              when documents from paragraph (a) of this
              section have been placed or added to the
              operating record, and all information
              contained in the operating record must also
              be furnished upon request to either the Board
              or the Director of the Solid Waste Agency;
              and shall be made available at all reasonable
              times for inspection by either the Board or
              the Director of the Solid Waste Agency.


CHAPTER NINE--DESIGN CRITERIA

Sec. 9.101  In General.

    The uniform design criteria for MSWLFs contained in 40 CFR
Sec. 258.40 are incorporated by reference for new MSWLF units and lateral
expansions of existing MSWLFs.  If EPA has not approved the Tribe's
solid waste program, then no new MSWLF units or lateral expansions
shall be constructed unless they comply with the Part 258 uniform
design criteria, which includes a composite liner and a leachate
collection system as set forth in 40 CFR Sec. 258.40(a)(2).

     If EPA has approved the Tribe's solid waste program, however, the
Board may approve the design criteria for a MSWLF, on a site-specific
basis, in accordance with the 40 CFR Sec. 258.40(a)(1) performance
criteria.

Sec. 9.102   Design Criteria If EPA Has Not Approved The Tribe's Solid
             Waste Program.

     If the Tribe does not have an EPA approved solid waste program,
then the uniform design criteria in 40 CFR Sec. 258.40(a)(2) shall apply
as follows, unless both the Director of the Solid Waste Agency and
Board determine that the small landfill exemption under 40 CFR
Sec. 258.1(f)(1) applies, and that a MSWLF unit is exempt from the design
criteria under Subpart D of 40 CFR Part 258.

         (1)  There must be a composite liner, as defined
              in paragraph (2) below, and a leachate
              collection system that is designed and
              constructed to maintain less than a 30-cm
              depth of leachate over the liner.

         (2)  "Composite liner" means a system consisting
              of two components; the upper component must
              consist of a minimum 30-mil flexible membrane
              liner (FML), and the lower component must
              consist of at least a two-foot layer of
              compacted soil with a hydraulic conductivity
              of no more than 1 x 10-7 cm/sec. FML
              components consisting of high density
              polyethylene (HDPE) shall be at least 60-mil
              thick.  The FML component must be installed
              in direct and uniform contact with the
              compacted soil component.

Sec. 9.103  Design Criteria If EPA Has Approved the Tribe's Solid Waste
            Program.

     If EPA has approved the Tribe's solid waste program, then the
design performance criteria in this section applies, and a composite
liner and leachate collection system are not required, but the
Director of the Solid Waste Agency may nevertheless require the same
in his discretion.

     If the Tribe has an EPA approved solid waste program, or a MSWLF
unit is determined to be exempt from Subpart D of 40 CFR Part 258,
then the Director of the Solid Waste Agency in approving an
alternative design for a MSWLF, must consider at least the following
factors:

         (1)  The hydrogeologic characteristics of the
              facility and surrounding land; and

         (2)  The climatic factors of the area; and

         (3)  The volume and physical and chemical
              characteristics of the leachate.

    In addition, any site-specific design must ensure that the
concentration values for the chemicals listed in Table I of 40 CFR
Part 258, which is incorporated by reference herein, will not be
exceeded in the uppermost aquifer at the relevant point of compliance,
as specified in 40 CFR Sec. 258.40(d) as follows:

         The relevant point of compliance specified by the
         Director of the Solid Waste Agency shall be no
         more than 150 meters from the waste management
         unit boundary and shall be located on land owned
         by the owner of the MSWLF unit.  In determining
         the relevant point of compliance, the Director of
         the Solid Waste Agency shall consider at least the
         following factors:

         (1)  The hydrogeologic characteristics of the
              facility and surrounding land;

         (2)  The volume and physical and chemical
              characteristics of the leachate;

         (3)  The quantity, quality, and direction of flow
              of ground water;

         (4)  The proximity and withdrawal rate of the
              groundwater users;

         (5)  The availability of alternative drinking
              water supplies;

         (6)  The existing quality of the ground water,
              including other sources of contamination and
              their cumulative impacts on the ground water,
              and whether the ground water is currently
              used or reasonably expected to be used for
              drinking water;

         (7)  Public health, safety, and welfare effects;
              and

         (8)  Practicable capability of the owner/operator.

CHAPTER TEN--GROUNDWATER MONITORING AND CORRECTIVE ACTION

Sec. 10.101 In General.

    The groundwater monitoring and corrective action criteria
contained in 40 CFR Secs. 258.50 through 258.58 are incorporated by
reference herein, and apply to all existing MSWLFs, new MSWLFs, or any
lateral expansions of any MSWLFs.

     Groundwater monitoring requirements under 40 CFR Secs. 258.51-258.55
may be suspended, under 40 CFR Sec. 258.50(b), if approved by the Board
after a duly noticed public hearing, but only if, (1) the EPA has
approved the Tribe's solid waste program, and (2):

         An owner or operator of a MSWLF can demonstrate
         that there is no potential for migration of
         hazardous constituents from that MSWLF unit to the
         uppermost aquifer during the active life of the
         unit and the post-closure care period.  This
         demonstration must be certified by a qualified
         groundwater scientist and approved by the Director
         of the Solid Waste Agency, and must be based upon:

         (1)  Site-specific field collected measurements,
              sampling, and analysis of physical, chemical,
              and biological processes affecting
              contaminant fate and transport, and

         (2)  Contaminant fate and transport predictions
              that maximize contaminant migration and
              consider impacts on human health and
              environment.

Sec. 10.102 Groundwater Monitoring And Corrective Action.

     If the Director of the Solid Waste Agency does not approve the
demonstration by a qualified groundwater scientist under 40 CFR
Sec. 258.50(a), and the Board does not approve the suspension of
groundwater monitoring requirements for a MSWLF under 40 CFR
Sec. 258.50(a), then all of the groundwater monitoring and corrective
action rules of subpart E of 40 CFR Part 258 are required, including
those contained in 40 CFR Secs. 258.51-258.58.  New or existing MSWLF
units, or lateral expansions, must be in compliance with the
groundwater monitoring requirements on or before certain specified
dates as determined by the Director of the Solid Waste Agency based
upon the Part 258 Criteria.  Once groundwater monitoring is
established at a MSWLF unit, such monitoring shall be conducted
throughout the active life, closure, and post-closure care period.

     If the Tribe has an EPA approved solid waste program, then the
Director of the Solid Waste Agency shall have the authority to make
the flexibility determinations allowed under the Part 258 Criteria for
a groundwater monitoring and corrective action program for a MSWLF,
including but not limited to:  (1) the groundwater monitoring systems;
(2) the groundwater sampling and analysis requirements; (3) the
detection monitoring program; (4) the assessment monitoring program;
(5) the assessment of corrective measures; and (6) the selection of
remedies.

     For each MSWLF that is subject to groundwater monitoring, the
basic requirements for groundwater monitoring, and for corrective
action, if necessary, are set forth herein.  Although not all of the
Part 258 Criteria are restated herein, an owner/operator is
nevertheless required to comply with all Part 258 technical standards,
including but not limited to monitoring well design and construction,
sampling requirements, specified statistical methods and decision
criteria, and quality assurance and chemical testing procedures, and
all groundwater monitoring requirements in 40 CFR Part 258 are
incorporated by reference herein.

     The Director of the Solid Waste Agency shall monitor and ensure
that an owner/operator complies with all of the technical standards
and quality assurance and chemical testing procedures that are
required for groundwater monitoring under 40 CFR Part 258.
Sec. 10.103 Groundwater Monitoring Systems. [40 CFR Sec. 258.51].

     A groundwater monitoring system must be installed at a MSWLF unit
that consists of a sufficient number of wells, installed at
appropriate locations and depths, to yield groundwater samples from
the uppermost aquifer that:

       (a)    Represent the quality of background groundwater
              that has not been affected by leakage from the
              MSWLF unit; and

       (b)    Represent the quality of groundwater passing the
              relevant point of compliance specified by the
              Director of the Solid Waste Agency, if the Tribe
              has an EPA approved solid waste program; or at the
              waste management unit boundary if the Tribe does
              not have an EPA approved solid waste program.  The
              downgradient monitoring system must be installed
              at the relevant point of compliance, or at the
              waste management unit boundary, that ensures
              detection of groundwater contamination in the
              uppermost aquifer.

       (c)    The number, spacing, and depths of monitoring
              systems shall be determined based upon site-
              specific technical information that must include
              thorough characterization of:

         (1)  Aquifer thickness, groundwater flow rate,
              groundwater flow direction including seasonal
              and temporal fluctuations in groundwater
              flow; and

         (2)  Saturated and unsaturated geologic units and
              fill materials overlying the uppermost
              aquifer, materials comprising the uppermost
              aquifer, and materials comprising the
              confining unit defining the lower boundary of
              the uppermost aquifer; including, but not
              limited to: thickness, stratigraphy,
              lithology, hydraulic conductivities,
              porosities and effective porosities.

       (d)    The groundwater monitoring system must be
              certified by a qualified groundwater scientist,
              and approved by the Director of the Solid Waste
              Agency.  Such certification must then be placed in
              the operating record.

Sec. 10.104 Groundwater Sampling And Analysis Requirements.
           [40 CFR Sec. 258.53].

     The groundwater monitoring program must include consistent
sampling and analysis procedures that are designed to ensure
monitoring results that provide an accurate representation of
groundwater quality at the background and downgradient wells installed
in compliance with 40 CFR Sec. 258.51.  The owner or operator must notify
the Director of the Solid Waste Agency that the sampling and analysis
program documentation has been placed in the operating record and the
program must include procedures and techniques for:

         (1)  Sample collection;

         (2)  Sample preservation and shipment;

         (3)  Analytical procedures;

         (4)  Chain of custody control; and

         (5)  Quality assurance and quality control.

     The groundwater monitoring program must include sampling and
analytical methods that are appropriate for groundwater sampling and
that accurately measure hazardous constituents and other monitoring
parameters in groundwater samples.  Groundwater samples shall not be
field-filtered prior to laboratory analysis.

     The sampling procedures and frequency must be protective of human
health and the environment.

     The owner or operator must establish background groundwater
quality in a hydraulically upgradient or background well(s) for each
of the monitoring parameters or constituents required in the
particular groundwater monitoring program that applies to the MSWLF
unit, as determined under 40 CFR Sec. 258.54(a) or 40 CFR Sec. 258.55(a). 
Background groundwater quality may be established at wells that are
not located hydraulically upgradient from the MSWLF unit if it meets
the requirements of 40 CFR Sec. 258.51(a)(1).

     The number of samples collected to establish groundwater quality
data must be consistent with the appropriate statistical procedures
determined pursuant to 40 CFR Sec. 258.53(g).  The sampling procedures
shall be those specified under 40 CFR Sec. 258.54(b) for detection
monitoring, 40 CFR Sec. 258.55(b) and (d) for assessment monitoring, and
40 CFR Sec. 258.56(b) of corrective action.

     The owner or operator must specify in the operating record one of
the statistical methods in 40 CFR Sec. 258.53(g) to be used in evaluating
groundwater monitoring data for each hazardous constituent.  The
statistical test chosen shall be conducted separately for each
hazardous constituent in each well.

     Any statistical method chosen under 40 CFR Sec. 258.53(g) shall
comply with the performance standards under 40 CFR Sec. 258.53(h).

     The owner or operator must determine whether or not there is a
statistically significant increase over background values for each
parameter or constituent required in the particular groundwater
monitoring program that applies to the MSWLF unit, as determined under
40 CFR Secs. 258.54(a) or 258.55(a).

     In determining whether a statistically significant increase has
occurred, the owner or operator must compare the groundwater quality
of each parameter or constituent at each monitoring well designated
pursuant to 40 CFR Sec. 258.51(a)(2) to the background value of that
constituent, according to the statistical procedures and performance
standards specified under paragraphs 40 CFR Sec. 258.53(g) and (h).

     Within a reasonable period of time after completing sampling and
analysis, the owner or operator must determine whether there has been
a statistically significant increase over background at each
monitoring well.

Sec. 10.105 Detection Monitoring Program. [40 CFR Sec. 258.54].

     Detection monitoring is required at MSWLF units at all
groundwater monitoring wells defined under 40 CFR Sec. 258.51(a)(1)
and (2).  At a minimum, a detection monitoring program must include
monitoring for the constituents listed in Appendix I to 40 CFR Part
258, which is incorporated by reference herein.

     If the Tribe has an EPA approved solid waste program, then the
Director of the Solid Waste Agency may delete any of the Appendix I
monitoring parameters for a MSWLF unit if it can be shown that the
removed constituents are not reasonably expected to be in or derived
from the waste contained in the unit.

     If the Tribe has an EPA approved solid waste program, then the
Director of the Solid Waste Agency may also establish an alternative
list of inorganic indicator parameters for a MSWLF unit, in accordance
with the Part 258 Criteria, in lieu of some or all of the heavy metals
(constituents 1-15 in Appendix I), if the alternative parameters
provide a reliable indication of inorganic releases from the MSWLF
unit to the groundwater under the factors set forth in 40 CFR
Sec. 258.54(a)(2).

     The monitoring frequency for all constituents listed in Appendix
I, or in the alternative list established by the Director of the Solid
Waste Agency, shall be at least semiannual during the active life of
the facility, including closure, and the post-closure period.  A
minimum of four independent samples from each background and
downgradient well must be collected and analyzed for the Appendix I
constituents, or the alternative list, during the first semiannual
sampling event.  At least one sample from each background and
downgradient well must be collected and analyzed during subsequent
semiannual sampling events.

     If the Tribe has an EPA approved solid waste program, then the
Director of the Solid Waste Agency may specify an appropriate
alternative frequency for repeated sampling and analysis for Appendix
I constituents, or the alternative list, during the active life,
including closure, and the post-closure care period.  The alternative
frequency during the active life, including closure, shall not be less
than annual.  The alternative frequency shall be based upon these
factors set forth in 40 CFR 258.54(b).

     If the owner or operator determines that there is a statistically
significant increase over background for one or more of the
constituents listed in Appendix I, or in the alternative list, at any
monitoring well at the boundary specified under 40 CFR Sec. 258.51(a)(2),
the owner or operator:

       (1)    Must, within 14 days of this finding, place a
              notice in the operating record indicating which
              constituents have shown statistically significant
              changes from background levels, and notify the
              Director of the Solid Waste Agency that this
              notice was placed in the operating record; and

       (2)    Must establish an assessment monitoring program
              meeting the requirements of 40 CFR Sec. 258.55,
              within 90 days, except as provided for under 40
              CFR Sec. 258.54(c)(3).

     The owner or operator may demonstrate under 40 CFR Sec. 258.54(c)(3)
that a source other than a MSWLF unit caused the contamination or that
the statistically significant increase resulted from error in
sampling, analysis, statistical evaluation, or natural variation in
groundwater quality.  A report documenting this demonstration must be
certified by a qualified groundwater scientist, and must be approved
by the Director of the Solid Waste Agency.  In the absence of a report
approved by the Director of the Solid Waste Agency, the owner/operator
must initiate an assessment monitoring program within 90 days of
detecting such increases.

Sec. 10.106 Assessment Monitoring Program.  [40 CFR Sec. 258.55].

     Assessment monitoring is required whenever a statistically
significant increase over background has been detected for one or more
of the constituents listed in Appendix I, or in the alternative list.

     Within 90 days of triggering an assessment monitoring program,
and annually thereafter, the owner or operator must sample and analyze
the groundwater for all constituents identified in Appendix II of 40
CFR Part 258, which is incorporated by reference herein.  A minimum of
one sample for each downgradient well must be collected and analyzed
during each sampling event.  For any new constituent detected in the
downgradient wells as a result of the complete Appendix II analysis, a
minimum of four independent samples from each background and
downgradient well must be collected and analyzed to establish
background for the new constituents.

     If the Tribe has an EPA approved solid waste program, then the
Director of the Solid Waste Agency may specify an appropriate subset
of wells to be sampled and analyzed for Appendix II constituents
during assessment monitoring; he may also delete any of the Appendix
II monitoring parameters for a MSWLF unit, if it can be shown that the
removed constituents are not reasonably expected to be in or derived
from the waste contained in the unit; he may also specify an
appropriate alternate frequency for repeated sampling and analysis for
the full set of Appendix II constituents required by 40 CFR
Sec. 258.55(b) during the active life, including closure and post-closure
care of the unit based upon those factors set forth in 40 CFR
Sec. 258.55(c).

     After obtaining the results from the assessment monitoring
program for Appendix II constituents, the owner or operator must
within 14 days place a notice in the operating record identifying the
Appendix II constituents that have been detected, and notify the
Director of the Solid Waste Agency that this notice has been placed in
the operating record.

     Within 90 days after obtaining the results from the assessment
monitoring program for Appendix II constituents, the owner or operator
must on at least a semiannual basis thereafter, re-sample all wells
specified by 40 CFR Sec. 258.51(a), conduct analyses for all constituents
in Appendix I to this part, or in the approved alternative list, and
for those constituents in Appendix II that are detected, and record
their concentrations in the facility operating record.  At least one
sample from each background and downgradient well must be collected
and analyzed during these sampling events.  The alternative frequency
for Appendix I constituents, or the alternative list, during the
active life including closure shall be no less than annual.  The
alternative frequency shall be based on consideration of the factors
specified in 40 CFR Sec. 258.55(c).

     Within 90 days after obtaining the results from the assessment
monitoring program for Appendix II constituents, the owner or operator
must (1) establish background concentrations for all Appendix II
constituents detected pursuant to 40 CFR Sec. 258.55(b) or (d); and (2)
establish groundwater protection standards for all Appendix II
constituents detected pursuant to 40 CFR Sec. 258.55(b) or (d)(2).  The
groundwater protection standards shall be established in accordance
with 40 CFR Sec. 258.55(h) or (i).

     If the concentrations of all Appendix II constituents are shown
to be at or below background values, using the statistical procedures
in 40 CFR Sec. 258.53(g), for two consecutive sampling events, the owner
or operator must notify the Director of the Solid Waste Agency of this
finding and may return to detection monitoring.

     If the concentrations of any Appendix II constituents are above
background values, but all concentrations are below the groundwater
protection standard established under 40 CFR Sec. 258.55(h) or (i), using
the statistical procedures in 40 CFR Sec. 258.53(g), the owner or
operator must continue assessment monitoring under 40 CFR Sec. 258.55.

     If one or more Appendix II constituents are detected at
statistically significant levels above the groundwater protection
standard established under 40 CFR Sec. 258.55(h) or (i) in any sampling
event, the owner or operator must, within 14 days of this finding,
place a notice in the operating record identifying the Appendix II
constituents that have exceeded the groundwater protection standard
and notify the Director of the Solid Waste Agency and the Board that
the notice has been placed in the operating record.  The owner or
operator also:

       (1)    Must characterize the nature and extent of the
              release by installing additional monitoring wells
              as necessary;

       (2)    Must install at least one additional monitoring
              well at the facility boundary in the direction of
              contaminant migration and sample this well in
              accordance with 40 CFR Sec. 258.55(d)(2);

       (3)    Must notify all persons who own the land or reside
              on the land that directly overlies any part of the
              plume of contamination if contaminants have
              migrated off-site if indicated by sampling of
              wells in accordance with 40 CFR Sec. 258.55(g)(1);
              and

       (4)    Must initiate an assessment of corrective measures
              as required by 40 CFR Sec. 255.56 within 90 days.

     An owner or operator may demonstrate that a source other than a
MSWLF unit caused the contamination, or that the statistically
significant increase resulted from error in sampling, analysis,
statistical evaluation, or natural variation in groundwater quality. 
A report documenting this demonstration must be certified by a
qualified groundwater scientist and must be approved by the Director
of the Solid Waste Agency and placed in the operating record.  If a
successful demonstration is made, the owner or operator must continue
monitoring in accordance with the assessment monitoring program
pursuant to 40 CFR Sec. 258.55, and may return to detection monitoring if
the Appendix II constituents are below background as specified in 40
CFR Sec. 258.55(e).  Until a successful demonstration is made, the owner
or operator must comply with 40 CFR Sec. 258.55(g) including initiating
an assessment of corrective measures.

     The Director of the Solid Waste Agency shall ensure that an owner
or operator shall comply with all of the criteria set forth in 40 CFR
Sec. 258.55, which includes the establishment of the groundwater
protection standard for each Appendix II constituent.  For
constituents for which a maximum contaminant level (MCL) has been
established under section 1412 of the  Federal Safe Drinking Water Act
(codified under 40 CFR Part 141), the groundwater protection standard
shall be the MCL for that constituent, unless the background level is
higher than the MCL, in which case the background concentration shall
be the groundwater protection standard.  For constituents for which
MCLs have not been established under the Federal Safe Drinking Water
Act, the groundwater protection standard shall be the background
concentration level.  If the Tribe has an EPA approved solid waste
program, then the Director of the Solid Waste Agency may establish an
alternative groundwater protection standard for constituents for which
MCLS have not been established, under the criteria in 40 CFR

Sec. 258.55(i) and (j).

     The Director of the Solid Waste Agency shall ensure that an owner
or operator complies with all criteria under 40 CFR Sec. 258.55,
including conducting an analysis of all constituents that are required
at the appropriate frequency, and ensuring that all operating records
contain all the required analyses and notices.  If the Tribe has an
EPA approved solid waste program, the Director of the Solid Waste
Program may establish the monitoring frequency for sampling and
analysis of constituents according to the criteria in 40 CFR Sec. 258.55.
Sec. 10.107 Assessment Of Corrective Measures. [40 CFR Sec. 258.56].

     Within 90 days of finding that any of the constituents listed in
Appendix II of this part have been detected at a statistically
significant level exceeding the groundwater protection standards
defined under 40 CFR Sec. 258.55(h) or (i), the owner or operator must
initiate an assessment of corrective measures.  Such an assessment
must be completed within a reasonable period of time.

     The owner or operator must continue to monitor in accordance with
the assessment monitoring program as specified in 40 CFR Sec. 258.55.
     The assessment shall include an analysis of the effectiveness of
potential corrective measures in meeting all the requirements and
objectives of the remedy as described under 40 CFR Sec. 258.57,
addressing the factors set forth in 40 CFR Sec. 258.56.  The assessment
shall include an analysis of the effectiveness of potential corrective
measures in meeting all of the requirements and objectives of the
remedy and described under 40 CFR Sec. 258.57, addressing at least the
following:

       (1)    The performance, reliability, ease of
              implementation, and potential impacts of
              appropriate potential remedies, including safety
              impacts, and control of exposure to any residual
              contamination;

       (2)    The time required to begin and complete the
              remedy;

       (3)    The costs of remedy implementation; and

       (4)    The institutional requirements such as Tribal permit
              requirements or other environmental or public health
              requirements that may substantially affect
              implementation of the remedy(s).

     The owner or operator must discuss the results of the corrective
measures assessment, prior to the selection of remedy, in a publicly
held meeting by the Board, with interested and affected parties, after
the Board publishes and provides reasonable notice of such meeting.
Sec. 10.108 Selection Of Remedy.  [40 CFR Sec. 258.57].

     Based on the results of the corrective measures assessment
conducted under 40 CFR Sec. 258.56, the owner or operator must select a
remedy that, at a minimum, meets the standards listed in 40 CFR
Sec. 258.57(b).  The owner or operator must notify the Director of the
Solid Waste Agency within 14 days of selecting a remedy, that a report
describing the selected remedy has been placed in the operating record
and how it meets the standards in 40 CFR Sec. 258.57(b).  Under 40 CFR
Sec. 258.57(b) remedies must:

       (1)  Be protective of human health and the environment;

       (2)  Attain the groundwater protection standards;

       (3)    Control the source(s) of releases so as to reduce
              or eliminate, to the maximum extent practicable,
              further releases of Appendix II constituents into
              the environment that may pose a threat to human
              health or the environment; and

       (4)    Comply with standards for management of wastes as
              specified in 40 CFR Sec. 258.58(d).

     The owner or operator shall consider all of the evaluation
factors set forth in 40 CFR Sec. 258.57(c) in selecting a remedy, and in
specifying a schedule(s) for initiating and completing remedial
activities.

     The owner or operator shall specify as part of the selected
remedy a schedule(s) for initiating and completing remedial
activities.  Such a schedule must require the initiation of remedial
activities within a reasonable period of time taking into
consideration the factors set forth in 40 CFR Sec. 258.57(d)(1-8).

     If the Tribe has an approved EPA solid waste program, the
Director of the Solid Waste Agency may determine that remediation of a
release of an Appendix II constituent from a MSWLF unit is not
necessary, under those factors set forth in 40 CFR Sec. 258.57(e)(1-4),
and the Director may require the owner or operator to undertake source
control measures or other measures that may be necessary to eliminate
or minimize further releases to the groundwater, to prevent exposure
to the groundwater, or to remediate the groundwater to concentrations
that are technically practicable and significantly reduce threats to
human health or the environment.

Sec. 10.109 Implementation Of The Corrective Action Program.
            [40 CFR Sec. 258.58].

     Based on the schedule established under 40 CFR Sec. 258.57(d) for
initiation and completion of remedial activities, the owner or
operator must:

       (1)    Establish and implement a corrective action
              groundwater monitoring program that:

         (a)  Meets the requirements of an assessment
              monitoring program under 40 CFR Sec. 258.55;

         (b)  Indicates the effectiveness of the corrective
              action remedy; and

         (c)  Demonstrates compliance with groundwater
              protection standard under 40 CFR Sec. 258.58(e).

       (2)    Implement the corrective action remedy selected
              under 40 CFR Sec. 258.57; and

       (3)    Take any interim measures necessary to ensure the
              protection of human health and the environment. 
              Interim measures should, to the greatest extent
              practicable, be consistent with the objectives of
              and contribute to the performance of any remedy
              that may be required pursuant to 40 CFR Sec. 258.57. 
              The owner or operator must consider the evaluation
              factors set forth in 40 CFR Sec. 258.58(a)(3) in
              considering whether any interim measures are
              necessary.

     An owner or operator may determine, based on information
developed after implementation of the remedy has begun or other
information, that compliance with the requirements of 40 CFR
Sec. 258.57(b) are not being achieved through the remedy selected.  In
such cases, the owner or operator must implement other methods or
techniques that could practicably achieve compliance with the
requirements.

     If the owner or operator determines that compliance with
requirements under 40 CFR Sec. 258.57(b) cannot be practically achieved
with any currently available methods, the owner or operator must:

       (1)    Obtain certification of a qualified groundwater
              scientist and approval by the Director of the
              Solid Waste Agency that compliance with
              requirements under 40 CFR Sec. 258.57(b) cannot be
              practically achieved with any currently available
              methods;

       (2)    Implement alternate measures to control exposure
              of humans or the environment to residual
              contamination, as necessary to protect human
              health and the environment; and

       (3)    Implement alternate measures for control of the
              sources of contamination, or for removal or
              decontamination of equipment, units, devices, or
              structures that are:

         (a)  Technically practicable; and

         (b)  Consistent with the overall objective of the
              remedy.

       (4)    Notify the Director of the Solid Waste Agency
              within 14 days that a report justifying the
              alternative measures prior to implementing the
              alternative measures has been placed in the
              operating record.

     All solid wastes that are managed pursuant to a remedy required
under 40 CFR Sec. 258.57, or an interim measure required under 40 CFR
Sec. 258.58(a)(3), shall be managed in a manner:

       (1)    That is protective of human health and the
              environment; and

       (2)    That complies with any applicable Federal SWDA
              requirements.

     Remedies selected pursuant to 40 CFR Sec. 258.57 shall be considered
complete when:

       (1)    The owner or operator complies with the
              groundwater protection standards established under
              Secs. 258.55(h) or (i) at all points within the plume
              of contamination that lie beyond the groundwater
              monitoring well system established under 40 CFR
              Sec. 258.51(a).

       (2)    Compliance with the groundwater protection
              standards has been achieved by demonstrating that
              concentrations of Appendix II constituents have
              not exceeded the groundwater protection standard
              for a period of three consecutive years using the
              statistical procedures and performance standards
              in 40 CFR Sec. 258.53(g) and (h).  If the Tribe has
              an EPA approved solid waste plan, then the
              Director of the Solid Waste Agency may specify an
              alternative length of time during which the owner
              or operator must demonstrate that concentrations
              of Appendix II constituents have not exceeded the
              groundwater protection standards based upon the
              Part 258 Criteria.

       (3)    All actions required to complete the remedy have
              been satisfied.

     Upon completion of the remedy, the owner or operator must notify
the Director of the Solid Waste Agency within 14 days that a
certification that the remedy has been completed in compliance with
the requirements of 40 CFR Sec. 258.58(e) has been placed in the
operating record.  The certification must be signed by the owner or
operator and by a qualified groundwater scientist, and must be
approved by the Director of the Solid Waste Agency.

     The owner or operator shall then be released from the
requirements for financial assurance for corrective action under 40
CFR Sec. 258.73.

     The Director of the Solid Waste Agency shall have the
responsibility and authority to ensure that all 40 CFR Part 258
Criteria for a groundwater protection program for each MSWLF on the
Reservation are complied with by an owner/operator of a MSWLF.

     If the Tribe has an EPA approved solid waste program, then the
Director of the Solid Waste Agency may establish alternative schedules
for demonstrating compliance with 40 CFR Sec. 258.51(d)(2), pertaining to
notification of placement of certification in operating record; 40 CFR
Sec. 258.54(c)(1), pertaining to notification that statistically
significant increase (SSI) notice is in operating record; 40 CFR
Sec. 258.54(c)(2) and (3), pertaining to an assessment monitoring
program; 40 CFR Sec. 258.55(b), pertaining to sampling and analyzing
Appendix II constituents; 40 CFR Sec. 258.55(d)(1), pertaining to
placement of notice (Appendix II constituents detected) in record and
notification of notice in record; 40 CFR Sec. 258.55(d)(2), pertaining to
sampling for Appendix I and II; 40 CFR Sec. 258.55(g), pertaining to
notification (and placement of notice in record) of SSI above
groundwater protection standard; 40 CFR Secs. 258.55(g)(1)(iv) and
258.56(a), pertaining to assessment of corrective measures; 40 CFR
Sec. 258.57(a), pertaining to selection of remedy and notification of
placement in record; 40 CFR Sec. 258.58(c)(4), pertaining to notification
of placement in record (alternative correction action measures); and
40 CFR Sec. 258.58(f), pertaining to notification and placement in record
(certification remedy completed).


CHAPTER ELEVEN--CLOSURE CARE REQUIREMENTS

Sec. 11.101 Closure Of MSWLFs.

    The closure and cover criteria only applies to MSWLFs which have
received solid waste after October 9, 1991.  The owner or operator of
a MSWLF which has received solid waste after October 9, 1991, must
install a final cover system that is designed to minimize infiltration
and erosion in compliance with 40 CFR Sec. 258.60.

     The final cover system as set forth in 40 CFR Sec. 258.60(a) must be
comprised of an erosion layer underlain by an infiltration layer as
follows:

         1.   The infiltration layer must be comprised of a
              minimum of 18 inches of earthen material that
              has a permeability less than or equal to the
              permeability of any bottom liner system or
              natural subsoils present, or a permeability
              no greater than 1 x 10-5 cm/sec, whichever is
              less; and

         2.   The erosion layer must consist of a minimum
              of 6 inches of earthen material that is
              capable of sustaining native plant growth.

     If EPA approves the Tribe's solid waste program, then the
Director of the Solid Waste Agency may approve an alternative final
cover design under 40 CFR Sec. 258.60(b) that includes:

         1.   An infiltration layer that achieves an
              equivalent reduction in infiltration as the
              infiltration layer specified in
              Sec. 258.60(a)(1); and

         2.   An erosion layer that provides equivalent
              protection from wind and water erosion as the
              erosion layer specified in Sec. 258.60(a)(2). 
              This alternative final cover design may not
              be applied to landfills which ceased to
              receive solid waste on or after October 9,
              1993.

     The owner or operator must prepare a written closure plan that
describes the steps necessary to close a MSWLF unit at any point
during its active life in accordance with the cover design
requirements.  The closure plan, at a minimum, must include the
following information:

         1.   A description of the final cover and the
              methods and procedures to be used to install
              the cover;

         2.   An estimate of the largest area of the MSWLF
              unit ever requiring a final cover at any time
              during the active life;

         3.   An estimate of the maximum inventory of
              wastes ever on-site over the active life of
              the landfill facility; and

         4.   A schedule for completing all activities
              necessary to satisfy the closure criteria in
              Sec.258.60.

     The owner or operator must notify the Director of the Solid Waste
Agency that a closure plan has been prepared and placed in the
operating record by the date of the first receipt of solid waste.

     Prior to beginning closure of each MSWLF unit, the owner or
operator must notify the Director of the Solid Waste Agency that a
notice of intent to close the unit has been placed in the operating
record.

     The owner or operator must begin closure activities of each MSWLF
unit no later than 30 days after the date on which the MSWLF unit
receives the known final receipt of wastes or, if the MSWLF unit has
remaining capacity and there is a reasonable likelihood that the MSWLF
unit will receive additional wastes, no later than one year after the
most recent receipt of wastes.  Extensions beyond the one-year
deadline for beginning closure may be granted by the Director of the
Solid Waste Agency, if the Tribe has an EPA approved solid waste
program, and if the owner or operator demonstrates that the MSWLF unit
has the capacity to receive additional wastes and the owner or
operator has taken and will continue to take all steps necessary to
prevent threats to human health and the environment from the unclosed
MSWLF unit.

     The owner or operator of all MSWLF units must complete closure
activities of each MSWLF unit in accordance with the closure plan
within 180 days following the beginning of closure as specified in 40
CFR Sec. 258.60(f).  Extensions of the closure period may be granted by
the Director of the Solid Waste Agency, if the Tribe has an EPA
approved solid waste program, and if the owner or operator
demonstrates that closure will, of necessity, take longer than 180
days and he has taken and will continue to take all steps to prevent
threats to human health and the environment from the unclosed MSWLF
unit.

     Following closure of each MSWLF unit, the owner or operator must
supply the Director of the Solid Waste Agency with a certification
signed by an independent registered professional engineer that
verifies that closure has been completed in accordance with the
closure plan, and shall place such certification in the operating
record.

     The Board shall take whatever action is reasonably necessary in
perpetuity to notify any potential users or purchasers of the landfill
facility property that the land has been used as a landfill facility
and that its use is restricted under 40 CFR Sec. 258.61(c)(3).  Post-
closure use of the property shall not disturb the integrity of the
site, final cover, liner(s) or monitoring systems, unless necessary to
comply with requirements under 40 CFR Part 258.


CHAPTER TWELVE--POST-CLOSURE CARE REQUIREMENTS FOR MSWLFs

Sec. 12.101 Post-Closure Care Requirements.

     A.  Following closure of each MSWLF unit, the owner or operator
must conduct post-closure care.  Post-closure care must be conducted
for thirty (30) years except as provided under paragraph B of this
section, and must include the following:

         1.   Maintaining the integrity and effectiveness
              of any final cover, including making repairs
              to the cover as necessary to correct the
              effects of settlement, subsidence, erosion,
              or other events, and preventing run-on and
              run-off from eroding or otherwise damaging
              the final cover; and

         2.   Maintaining and operating the leachate
              collection system in accordance with the
              requirements in 40 CFR Sec. 258.40.  The
              Director of the Solid Waste Agency may allow
              the owner or operator to stop managing
              leachate if the owner or operator
              demonstrates that leachate no longer poses a
              threat to human health and the environment;

         3.   Monitoring the ground water in accordance
              with the requirements of subpart E of 40 CFR
              Part 258 and maintaining the groundwater
              monitoring system; and

         4.   Maintaining and operating the gas monitoring
              system in accordance with the requirements of
              40 CFR Sec. 258.23.

     B.  The length of the post-closure care period may be:

         1.   Decreased by the Director of the Solid Waste
              Agency if the Tribe has an EPA approved solid
              waste program, and if the owner or operator
              demonstrates to the satisfaction of the
              Director that the reduced period is
              sufficient to protect human health and the
              environment; or

         2.   Increased by the Director of the Solid Waste
              Agency if the Director determines that the
              lengthened period is necessary to protect
              human health and the environment.

     C.  The owner or operator of a MSWLF units must prepare a
written post-closure plan that includes, at a minimum, the following
information:

         1.   A description of the monitoring and
              maintenance activities required in 40 CFR
              Sec. 258.61(a) for each MSWLF unit, and the
              frequency at which these activities will be
              performed; and

         2.   The name, address, and telephone number of
              the person or office to contact about the
              facility during the post-closure period; and

         3.   A description of the planned uses of the
              property during the post-closure period. 
              Post-closure use of the property shall not
              disturb the integrity of the final cover,
              liner(s), or any other components of the
              containment system, or the function of the
              monitoring systems unless necessary to comply
              with the requirements in 40 CFR Part 258.
              The Director of the Solid Waste Agency may,
              if the Tribe has an EPA approved solid waste
              plan, approve any other disturbance if the
              owner or operator demonstrates that
              disturbance of the final cover, liner or
              other component of the containment system,
              including any removal of waste, will not
              increase the potential threat to human health
              or the environment.

     D.  The owner or operator must notify the Director of the Solid
Waste Agency that a post-closure plan has been prepared and placed in
the operating record by the initial receipt of waste.

     E.  Following completion of the post-closure care period for
each MSWLF unit, the owner or operator must supply the Director of the
Solid Waste Agency with a certification signed by an independent
registered professional engineer which verifies that all post-closure
care has been completed in accordance with the post-closure plan, and
shall place such certification in the operating record.


CHAPTER THIRTEEN--FINANCIAL ASSURANCE REQUIREMENTS FOR CLOSURE,
                  POST-CLOSURE AND CORRECTIVE ACTION

Sec. 13.101 Financial Assurance Requirements.

     Owners or operators of MSWLFs on the Reservation are required to
comply with the financial assurance criteria under Subpart G of 40 CFR
Part 258, which are incorporated herein, and contained at 40 CFR
Sec. 258.71 (Financial Assurance For Closure); 40 CFR Sec. 258.72
(Financial Assurance For Post-Closure Care); 40 CFR Sec. 258.73
(Financial Assurance For Corrective Action); and 40 CFR Sec. 258.74
(Allowable Mechanisms To Demonstrate Financial Assurance).

     A.  Financial Assurance for Closure.

         The owner or operator must have a detailed written estimate,
in current dollars, of the cost of hiring a third party to close the
largest area of each MSWLF unit ever requiring a final cover as
required under 40 CFR Sec. 258.60 at any time during the active life in
accordance with the closure plan.  The owner or operator must notify
the Director of the Solid Waste Agency that the estimate has been
placed in the operating record.

         The cost estimate must equal the cost of closing the largest
area of a MSWLF unit ever requiring a final cover at any time during
the active life when the extent and manner of its operation would make
closure the most expensive, as indicated by its closure plan.

         During the active life of the MSWLF unit, the owner or
operator must annually adjust the closure cost estimate for inflation.

         The owner or operator must increase the closure cost
estimate and the amount of financial assurance provided, if changes to
the closure plan or MSWLF unit conditions increase the maximum cost of
closure at any time during the remaining active life.  The owner or
operator may reduce the closure cost estimate and the amount of
financial assurance provided under Section B herein, if the cost
estimate exceeds the maximum cost of closure at any time during the
remaining life of the MSWLF unit.  The owner or operator must notify
the State Director that the justification for the reduction of the
closure cost estimate and the amount of financial assurance has been
placed in the operating record.

         The owner or operator of each MSWLF unit must establish
financial assurance for closure of the MSWLF unit in compliance with
40 CFR Sec. 258.74.  The owner or operator must provide continuous
coverage for closure until released from financial assurance
requirements by demonstrating compliance with 40 CFR Sec. 258.60(h) and
(i).

     B.  Financial Assurance for Post-Closure Care.

         The owner or operator must have a detailed estimate, in
current dollars, of the cost of hiring a third party to conduct post-
closure care for the MSWLF unit in compliance with the post-closure

plan developed under 40 CFR Sec. 258.61.  The post-closure cost estimate
used to demonstrate financial assurance must account for the total
costs of conducting post-closure care, including annual and periodic
costs as described in the post-closure plan over the entire post-
closure care period. The owner or operator must notify the Director
of the Solid Waste Agency that the estimate has been placed in the
operating record.

         The cost estimate for post-closure care must be based on the
most expensive costs of post-closure care during the post-closure care
period.

         During the active life of the MSWLF unit and during the
post-closure care period, the owner or operator must annually adjust
the post-closure cost estimate for inflation.

         The owner or operator must increase the post-closure care
cost estimate and the amount of financial assurance provided if
changes in the post-closure plan or MSWLF unit conditions increase the
maximum costs of post-closure care.  The owner or operator may reduce
the post-closure cost estimate and the amount of financial assurance
provided if the cost estimate exceeds the maximum costs of the post-
closure care remaining over the post-closure care period.  The owner
or operator must notify the Director of the Solid Waste Agency that
the justification for the reduction of the post-closure cost estimate
and the amount of financial assurance has been placed in the operating
record.

         The owner or operator of each MSWLF unit must establish, in
a manner that complies with 40 CFR Sec. 258.74, financial assurance for
the costs of post-closure care as required under 40 CFR Sec. 258.61.  The
owner or operator must provide continuous coverage and financial
assurance for post-closure care until released from financial
assurance requirements for post-closure care by demonstrating
compliance with 40 CFR Sec. 258.61(e).

     C.  Financial Assurance for Corrective Action.

         An owner or operator of a MSWLF unit required to undertake a
corrective action program under 40 CFR Sec. 258.58 must have a detailed
written estimate, in current dollars, of the cost of hiring a third
party to perform the corrective action in accordance with the program
required under 40 CFR Sec. 258.58.  The corrective action cost estimate
must account for the total costs of corrective action activities as
described in the corrective action plan for the entire corrective
action period.  The owner or operator must notify the Director of the
Solid Waste Agency that the estimate has been placed in the operating
record.

         The owner or operator must annually adjust the estimate for
inflation until the corrective action program is completed in
accordance with 40 CFR Sec. 258.58(f).

         The owner or operator must increase the corrective action
cost estimate and the amount of financial assurance provided, if
changes in the corrective action program or MSWLF unit conditions
increase the maximum costs of corrective action.

         The owner or operator may reduce the amount of the
corrective action cost estimate and the amount of financial assurance
provided, if the cost estimate exceeds the maximum remaining costs of
corrective action.  The owner or operator must notify the Director of
the Solid Waste Agency that the justification for any reduction of the
corrective action cost estimate and the amount of financial assurance
has been placed in the operating record.

         The owner or operator of each MSWLF unit required to
undertake a correction action program under 40 CFR Sec. 258.58 must
establish, in a manner in accordance with 40 CFR Sec. 258.74, financial
assurance for the most recent corrective action program.  The owner or
operator must provide continuous coverage and financial assurance for
corrective action until released from the financial assurance
requirements for correction action by demonstrating compliance with 40
CFR Sec. 258.58(f) and (g).

     D.  Allowable Financial Assurance Mechanisms.

         40 CFR Sec. 258.74 requires that an owner or operator of a
MSWLF unit provide financial assurance to ensure that funds necessary
to meet the costs of closure, post-closure care and corrective action
for known releases will be available in a timely fashion when they are
needed.  There are four mechanisms available to provide financial
assurance, including a trust fund; a surety bond; a letter of credit,
or an insurance policy, or a combination of the four mechanisms.  Any
mechanism(s) that is used by an owner or operator must comply with all
of the criteria in 40 CFR Sec. 258.74, which is incorporated by reference
herein, and must be legally valid, binding and enforceable under
State, Federal, and Tribal law.

         The financial assurance mechanism(s) must be obtained by the
owner or operator before the initial receipt of waste in the case of
closure and post-closure care cost estimates; and no later than one
hundred twenty (120) days after the corrective action remedy has been
selected in accordance with the requirements of 40 CFR Sec. 258.58, and
maintained as required by 40 CFR Secs. 258.71-74.

         The Board must approve the actual financial assurance
mechanism(s) and financial assurance agreements that is provided by
the owner or operator.  The Board may also require in its discretion,
in addition to the criteria for financial assurance under 40 CFR Part
258, that an owner or operator provide financial assurance for
corrective action for other than known releases as a condition for
issuing a MSWLF permit.

         The Board shall also require that liability and property
damage insurance coverage be provided by an owner or operator, for
claims arising from personal injury or property damage, including any
claims arising from releases from a MSWLF unit.

         If a trust fund mechanism is used, the trustee must be an
entity who has the authority to act as a trustee, and whose trust
operations are regulated and examined by a Federal agency.  Trust fund
payments must be made as specified in 40 CFR Sec. 258.74. criteria.  The
Board must approve the terms of any trust agreement which is to be
used as a financial assurance mechanism.  The trust agreement shall be
irrevocable.  Trust funds shall only be released to reimburse the
owner or operator for closure, post-closure and corrective action
costs actually incurred, but only if sufficient funds remain in the
trust to cover the remaining costs.

         If any surety bond is used, the surety company issuing the
bond must, at a minimum, be among those listed as acceptable sureties
on Federal bonds in Circular 570 of the U.S. Department of the
Treasury.

         If any letter of credit is used, the issuing institution
must be an entity which has the authority to issue letters of credit
and whose letter-of-credit operations are regulated and examined by a
Federal agency.


CHAPTER FOURTEEN--PROHIBITED MATERIALS AND SPECIAL WASTES

Sec. 14.101 Prohibited Materials.

    The following solid waste materials shall not be accepted at any
MSWLF on the Reservation under any conditions:

         (1)  Radioactive wastes.

         (2)  All regulated hazardous wastes as defined
              herein.

         (3)  Unregulated small quantity generator
              hazardous wastes.

         (4)  Infectious biomedical wastes which includes
              human tissue or human anatomical remains.

         (5)  Animals or bedding exposed to infective
              agents.

         (6)  Sharps, needles and lancets which have not
              been contained for disposal in leak-proof,
              rigid, puncture-resistant containers such as
              cartons or metal cans which are taped closed
              or tightly lidded to preclude loss of
              contents under sever compaction conditions.

         (7)  Bulk quantities of infectious-type wastes
              including blood, blood products and body
              fluids.

         (8)  Any materials containing friable asbestos
              waste from building demolition or cleaning,
              and any friable asbestos materials.

         (9)  Sewage or sewage sludge wastes.

         (10) Bulk liquids of any kind.

         (11) Polychlorinated biphenyls (PCBs).

         (12) Car batteries.

         (13) Used oil.

         (14) 55 gallon drums.

         (15) Explosives.

         (16) Tires.

         (17) Oil or gas exploration wastes.

    The Board may prohibit the disposal of other solid wastes at
MSWLFs on the Reservation as it deems necessary in its discretion,
under rules and regulations to be adopted by the Board.  The Board
shall issue rules and regulations governing the disposal or
prohibition of disposal of other solid wastes not listed herein,
including but not limited to, ashes and powders, and mineral wastes
and soils.  The Board shall develop rules and regulations for special
wastes, which require special handling, treatment and disposal.


CHAPTER FIFTEEN--RECYCLING AND HOUSEHOLD HAZARDOUS WASTES

Sec. 15.101 Recycling.

     Tribal policy shall be that solid wastes which are reusable shall
be recycled if economically feasible.  The Board shall include a study
regarding the recycling of solid wastes on the Reservation, as part of
the Tribe's Solid Waste Management Plan.  Such study shall include an
analysis of technological and economically feasible systems for the
collection, separation, containerization, and marketing of solid
wastes that are recyclable.  The study shall identify potential
markets for recyclable solid wastes.  If recycling is economically
feasible, the Board may issue rules and regulations for the recycling
of solid wastes on the Reservation.
Sec. 15.102 Household Hazardous Wastes.

     The Board shall include a study regarding the disposal of
household hazardous wastes on the Reservation, as part of the Tribe's
Solid Waste Management Plan.  Such study shall include an analysis of
the economic feasibility of the separate collection of household
hazardous wastes, and disposal of household hazardous wastes at duly
authorized facilities other than at a MSWLF on the Reservation.  If
economically feasible, the Board may issue rules and regulations for
the collection and lawful disposal of household hazardous wastes
generated on the Reservation other than at a MSWLF on the Reservation.


CHAPTER SIXTEEN--INJUNCTIVE RELIEF

Sec. 16.101  Temporary Restraining Orders And Injunctive Relief.

     A.   If the Director of the Solid Waste Agency has reason to
believe that any person is in violation of any provision of this Code,
any rule or regulation promulgated under this Code, any condition of
any permit issued under this Code, or that any person is creating an
imminent and substantial endangerment to the public health or the
environment, the Director of the Solid Waste Agency through the
Tribe's Attorney General, may on behalf of the Tribe, file an action
in Tribal Court requesting a temporary restraining order, a
preliminary injunction or any other relief necessary to protect the
public health or the environment.  No security for the issuance of any
temporary restraining order or preliminary injunction shall be
required.

     B.   No temporary restraining order shall be issued without prior
notice to the person committing the alleged violation(s), unless it
clearly appears that immediate and improbably injury, loss, or damage
will result to the public health or the environment.  Each temporary
restraining order shall clearly describe the act or acts that are
enjoined, and shall specifically define the injury and state why it is
improbable, and why the order was entered without notice.  Any
temporary restraining order shall be served upon the person(s)
committing the alleged violation(s), along with the complaint and any
other pleadings.  Every temporary restraining order shall be binding
upon the parties named in the order, and their officers, agents,
servants, employees, and attorneys, including any other persons who
are in active concert or participation with them who have notice of
the order.

     C.   No preliminary or permanent injunction shall be issued
without notice to the adverse party and a hearing.  An application for
a preliminary injunction shall be set for a hearing at the earliest
possible time, and shall take precedence over all matters except older
matters of the same character.  For good cause shown, the Tribal Court
may extend the temporary restraining order until the hearing on the
preliminary injunction.

     D.   The right of the Director of the Solid Waste Agency to seek
injunctive relief under this Chapter is in addition to any other right
that he has to enforce compliance with any of the provisions of this
Code, rules or regulations promulgated thereunder, or conditions of
permits issued under this Code.


CHAPTER SEVENTEEN--ENFORCEMENT PROGRAM FOR SOLID WASTE PERMITTEES

Sec. 17.101  Compliance, Abatement And Remedial Action Orders.

     A.   Any permittee who constructs and/or operates a MSWLF on the
Reservation, or who collects and transports solid waste on the
Reservation, who violates any of the conditions in his permit; or who
violates any part of this Code; or any rule or regulation or guidance
document adopted under this Code; or any relevant Tribal environmental
criteria or standards for solid waste permittees; or any other Tribal
or Federal environmental law, shall upon order of the Director of the
Solid Waste Agency, cease and desist from any improper action or
violation(s), clean up any solid waste, abate any hazard, pollution,
or nuisance, and otherwise comply with any directive, or corrective or
remedial action order issued by the Director of the Solid Waste
Agency.

     The Director of the Solid Waste Agency may issue an order
requiring compliance immediately or within a specified period of time. 
A compliance order shall state with reasonable specificity the nature
of the violation, a time for compliance, if applicable, and the right
to a hearing before the Board.  A compliance order shall be hand
delivered to the alleged violator.  An order issued by the Director of
the Solid Waste Agency shall become final unless an appeal is filed
with the Board for a hearing within thirty days of receipt of the
order.  A permittee shall have all procedural rights at any
administrative hearing held before the Board under Chapter Eighteen,
including the right to judicial review granted under this Chapter.

     The Director of the Solid Waste Agency through the Tribe's
Attorney General may file an action in Tribal Court to enforce final
orders issued under this section.

     B.   Imminent Harm And Remedial Actions By The Board.  If any of
the circumstances set forth hereinabove pose an imminent harm to life
or health, the Board may expend any available monies to perform any
cleanup, abatement, or remedial work required.

     C.   Remedial Actions By The Board.  If any of the circumstances
set forth hereinabove do not pose an imminent threat to life or
health, and the Director of the Solid Waste Agency has ordered any
clean up, abatement, corrective or remedial work, and the permittee
fails to perform such work as ordered, the Board is authorized, with
the approval of the Tribal Council, to perform such work and expend
monies for such purpose, as it deems reasonably necessary for the
public health and safety.

     D.   Liability Of Solid Waste Permittees for Remedial Costs.  If
solid waste or hazardous waste is cleaned up, the effects thereof
abated, or any other necessary remedial action is taken by the Board
under this Chapter, the permittee who committed such violation(s),
shall be liable to the Tribe for the reasonable costs actually
incurred in cleaning up any solid waste or hazardous waste, abating
the effects thereof, or taking other corrective or remedial action,
including all damages to the natural resources of the Tribe or its
members.  The amount of such costs shall be recoverable by the Tribe
in a civil action brought by the Director of the Solid Waste Agency
through the Tribe's Attorney General filed in the Tribal Court,
together with the costs of suit, including reasonable attorney's fees. 
Any judgment ordering the payment of these costs to the Tribe will
bear interest at the rate of ten percent (10%) per annum.
Sec. 17.102  Compliance With Permits.

     The Director of the Solid Waste Agency may develop a compliance
schedule for any MSWLF owner/operator or solid waste transporter who
is not in compliance with any permit condition, or any solid waste
criteria under this Code, or its rules or regulations, or Guidance
Document.  The compliance schedule shall assure that diligent progress
shall be made by such permittee to bring him into compliance within a
specified period of time.  If any MSWLF owner/operator or solid waste
transporter is not in compliance within the period of time specified,
the Director of the Solid Waste Agency may file a written Statement of
Charges with the Board under Sec. 17.103 herein, and the Board, after a
hearing, may subject such permittee to a civil penalty of up to
Fifteen Thousand Dollars ($15,000), for each day each violation(s)
continues uncorrected, or may, if such violation(s) continues, revoke,
suspend, or modify the permit until such time as the violation(s) are
remedied.

Sec. 17.103  Civil Penalties And Revocation, Suspension, Or Modification
             Of Permit.

     A.   Statement of Charges.  A hearing before the Board to
determine a permittee's liability for civil penalties under Sec. 17.102,
and/or whether a permit should be revoked, suspended, or modified may
be initiated by the Director of the Solid Waste Agency by filing a
written Statement of Charges with the Board that specifically sets
forth the acts, violations, or omissions that the permittee is charged
with, and specifying those parts of this Code, orders, permit
conditions, rules or regulations, or guidance documents that the
permittee is alleged to have violated.  The Statement of Charges and
all accompanying documents shall forthwith thereafter be hand-delivered
to the permittee.

     B.   Grounds for suspension, revocation, or modification.  After
a hearing, any solid waste permit issued by the Board may be
suspended, modified, or revoked by the Board, but only for cause,
including the following:

          (1)  Any violation of any condition or requirement contained
in the permit or this Code, any rules and regulations promulgated
thereunder, orders, or guidance document; or

          (2)  Obtaining any permit by misrepresentation or failing to
disclose fully all relevant facts; or

          (3)  Any violation of any Federal or Tribal environmental
law.

     C.   Notice of Hearing.  The Statement of Charges shall be
accompanied by a notice advising the permittee of a date for a hearing
before the Board, which shall not be earlier than ninety (90) days
after personal delivery of the Statement of Charges.

     D.   Answer.  The permittee shall file an Answer of Defense with
the Board within thirty (30) days after service of the Statement of
Charges, in which he shall admit or deny such charges, including the
allegation of any defenses, mitigating circumstances, or any other
objections or responses.

     E.   The Hearing.  Any hearing before the Board under this
Chapter shall be conducted in accordance with all of the procedural
rights granted in Chapter Eighteen herein.

     F.   The Decision.  Within thirty (30) days after the case is
submitted for decision, the Board shall issue its final decision. 
Cases shall be decided by a concurrence of at least two members of the
Board.  The final decision shall be in writing, filed with the Board,
and shall contain findings of fact, a determination of the issues
presented, an assessment of civil penalties, if any, a determination
of whether such permit shall be revoked, suspended or modified, if
applicable, and an assessment of costs and reasonable attorney's fees. 
A copy of the decision shall be forthwith delivered by the Director of
the Solid Waste Agency to the permittee, and to each member of the
Tribal Council.  Copies of the decision shall be mailed by the Board
to all other parties.

     G.   Judicial Review.  An adverse party aggrieved by a final
decision of the Board is entitled to judicial review thereof by the
Tribal Court.  A petition for review shall be filed in the Tribal
Court within thirty (30) days after the filing of the final decision
with the Board.  The Tribe, acting by the Tribal Council, shall have
standing to appeal any final decision of the Board, and may likewise
appeal such final decision by timely filing a petition for review
within thirty (30) days after filing of the final decision with the
Board.  Failure to timely file a petition for review shall be deemed a
waiver of the right to appeal to the Tribal Court.  A final decision
is enforceable by filing a civil action in Tribal Court by the
Director of the Solid Waste Agency through the Tribe's Attorney
General.

          The Tribal Court shall, upon the petition of an affected
party, conduct a review of the record of the proceedings of the Board
but shall not take new evidence; it may modify or reverse a decision
or action of the Board only where such action or decision is contrary
to the law, is not supported by the evidence, or is clearly arbitrary
and capricious.  The Board, upon request of the Tribal Court, shall
provide to the Tribal Court a certified copy of all pleadings,
documents, records, transcripts, and all other evidence that formed
the basis for any action or decision as to which an affected party
seeks review.  The filing of a petition for review shall not operate
as a stay of the Board's final decision, but the Tribal Court has the
authority to issue a stay upon such terms as it deems appropriate.

     H.   Sovereign Immunity.  The Tribal Council hereby waives the
sovereign immunity of the Board for the express and sole purpose of
allowing review of the Board's decision by the Tribal Court, provided
that such waiver is made only to the extent necessary to subject the
Board to suit for the sole purpose of declaring and adjudging rights
and obligations under Tribal or Federal laws.  This waiver is strictly
limited, and specifically does not waive the Tribe's or the Board's
immunity from suit for monetary damages or otherwise, and specifically
does not waive the sovereign immunity of the Tribe, the Tribal
Council, the Board, its members, or any officer, employee or agent of
the Tribe.

     I.   Remedies Not Exclusive.  The rights of the Tribe with
respect to a permittee under this Chapter, including the right to
issue compliance orders, recover civil penalties, or civil damages for
clean up, abatement, corrective or remedial costs against a permittee,
or revoke, suspend, or modify a permit, are not intended to be
exclusive, and the Tribe reserves all other legal rights which it
otherwise has against any permittee, including the right to seek
injunctive relief under Chapter Sixteen, or seek relief in any court
of competent jurisdiction.


CHAPTER EIGHTEEN--BOARD ADMINISTRATIVE HEARINGS

Sec. 18.101  Procedural Rights.

     A.   Discovery.  Prior to any administrative hearing held before
the Board under Chapter Seventeen of the Code, any party, upon written
request made to any other party prior to the hearing, is entitled to
(A) obtain the names and addresses of witnesses to the extent known to
the other party including but not limited to those intended to be
called to testify at the hearing; and (B) inspect and make a copy of
any relevant documents in the possession or custody or under the
control of the other party, including but not limited to statements
made by any person pertaining to the subject matter of the proceeding,
and investigative or expert reports pertaining to the subject matter
of the proceeding.  Nothing in this Section shall authorize the
inspection or copying of any writing that is privileged from
disclosure by law or otherwise made confidential or protected as
attorney's work product or otherwise.

          Before the hearing has commenced, the Board shall issue and
have served subpoenas and subpoenas duces tecum at the request of any
party for the attendance of witness or production of documents at the
hearing.  Any subpoenas issued by the Board shall be enforceable under
the Tribe's civil laws.

     B.   Witnesses And Evidence.  Oral evidence shall be taken only
on oath or affirmation.  Each party shall have the right to call and
examine witnesses, to introduce exhibits, to cross-examine opposing
witnesses on any matter relevant to the issues even though that matter
was not covered in the direct examination, to impeach any witness
regardless of which party first called him to testify, and to rebut
the evidence against him.  Any party who does not testify in his own
behalf may be called and examined as if under cross-examination.  All
proceedings shall be recorded and preserved as a record.

          The hearing need not be conducted according to the technical
rules relating to evidence and witnesses.  Any relevant evidence shall
be admitted if it is the sort of evidence on which responsible persons
may rely in the conduct of serious affairs, regardless of the
existence of any common law or statutory rule that might make improper
the admission of such evidence over objection in civil actions. 
Hearsay evidence may be used solely for the purpose of supplementing
or explaining other evidence, but shall not be sufficient in itself to
support a finding, unless it would be admissible over objection in
civil actions.

          Official notice may be taken at the hearing of any generally
accepted technical or scientific matters.  Parties present at the
hearing shall be informed of any matters to be noticed, and those
matters shall be noted in the record.  Any party shall be given a
reasonable opportunity on request to refute the officially noticed
matters by additional evidence.


CHAPTER NINETEEN--COMPLIANCE MONITORING

Sec. 19.101  Compliance Monitoring.

     The Director of the Solid Waste Agency shall have the right to
obtain any and all information from any permittee under the Code,
including but not limited to records and technical reports or studies,
whether contained in the permittee's operating record or not, which
may be relevant to determine whether a permittee is in compliance with
all Tribal solid waste requirements, including but not limited to the
Code, any condition contained in a permit, any rules or regulations
promulgated under the Code, any guidance documents, any orders issued
pursuant to the Code, or any Federal or Tribal environmental laws.

     The Director of the Solid Waste Agency, and any of his authorized
agents or employees, shall have the right (1) to enter and inspect any
site or premise subject to any permit program, or in which any records
relevant to the operation of regulated facilities or activities are
kept required by the provisions of this Code, and (2) to conduct
sampling, monitoring, or testing, or review and obtain copies of any
records, to determine whether a permittee is in compliance with all
Tribal solid waste requirements, including but not limited to the
Code, any condition contained in a permit, any rules or regulations
promulgated under the Code, any guidance documents, any orders issued
pursuant to the Code, or any Federal or Tribal environmental laws.

     All sampling, monitoring or testing by the Solid Waste Agency
shall incorporate chain of custody and quality assurance procedures to
ensure that the results of any sampling, monitoring or testing shall
be admissible as evidence in any proceeding before the Board or Tribal
Court.

CHAPTER TWENTY--PUBLIC PARTICIPATION AND HEARINGS

Sec. 20.101  Public Participation And Hearings.

     A.   The Board shall allow public participation and shall hold
one or more informal public hearings, including but not limited to the
following matters prior to taking any formal action:

          1.   The adoption of the Tribe's Solid Waste Management
               Plan;

          2.   The issuance of any rules or regulations under the
               Tribe's Solid Waste Management Code, including any guidance
               documents, as proposed by the Director of the Solid Waste
               Agency;

          3.   The approval of any site location for a new MSWLF;

          4.   The issuance of any permits for the construction
               and/or operation of a MSWLF, or for the collection and
               transportation of solid waste;

          5.   The suspension of any groundwater monitoring
               requirements under 40 CFR Sec. 258.50;

          6.   The assessment of any corrective measures and
               selection of remedies which may be necessary under 40 CFR
               Secs. 258.56 and 258.57;

          7.   The approval of any covenant not to sue or any
               settlement of any claim against any permittee under the
               Code; and

          8.   Any other matters which the Board deems appropriate
               for public participation and review, or which may be
               required under 40 CFR Part 239, or this Code.

    The Board shall schedule such hearings at a convenient location,
and give reasonable advance notice of the date, time and subject
matter(s) of such hearings, by publication in the newspaper most
widely circulated on the Reservation.  Sixty (60) days advance notice
is required for the issuance of any MSWLF permits.  There shall be a
reasonable opportunity for anyone to comment at such hearings, and to
present any relevant information.
Sec. 20.102 Right To Intervene.

     In any administrative hearing before the Board, or civil action
filed in the Tribal Court as authorized under the Code, any person
shall be allowed to intervene under the same conditions as allowed
under Rule 24(a)(2), of the Federal Rules of Civil Procedure, which
provides for intervention as a matter of right only when the applicant
claims an interest relating to the subject of the action and he is so
situated that the disposition of the action may, as a practical
matter, impair or impede his ability to protect that interest.  The
Tribe may not defeat such right of intervention on the basis that the
applicant's interest is adequately represented by existing parties.
Sec. 20.103 Actions On Public Complaints.

     If the Director of the Solid Waste Agency receives a credible
complaint concerning a MSWLF owner/operator or solid waste
transporter, giving rise to reasonable grounds that the Code, or any
of its rules or regulations, permit conditions, or environmental
standards, has or is being violated, the Director of the Solid Waste
Agency shall investigate such complaint.  The Director of the Solid
Waste Agency shall thereafter take such enforcement action as he deems
appropriate.

CHAPTER TWENTY-ONE--INDEMNIFICATION

Sec. 21.101 Indemnification.

    Any person, vendor or permittee who contracts with the Tribe to
collect, transport, distribute, or dispose of solid waste, shall
indemnify the Tribe, or any of its members, officers, agents or
employees, from any claims and liabilities of any nature whatsoever,
including third party suits for personal injury, death, environmental
cleanup, or property damage, which are based upon any violations of
any of the provisions of the Code; rules or regulations promulgated
thereunder; guidance documents; environmental solid waste standards;
any orders or permit conditions; or are based upon violations of any
other Federal or Tribal environmental laws, and which claims or
liabilities are not caused by the Tribe, or any of its members,
officers, agents or employees.

CHAPTER TWENTY-TWO--SEVERANCE, MODIFICATIONS, AND APPLICABILITY
                    OF PART 258 CRITERIA

Sec. 22.101 Severability.

    If any provisions of the Code, or any application of its
provisions to any person or circumstance, is held invalid, the
application of such provision to other persons or circumstances, and
the remaining provisions of the Code, shall not be affected thereby.
Sec. 22.102 Modifications and Applicability of Part 258 Criteria.

    The Code incorporates by reference all of the Criteria contained
in 40 CFR Part 258.  If any part of 40 CFR Part 258 is modified, any
modifications are automatically incorporated by reference and become
part of this Code, and supercede any of the provisions that were
modified.  If any of the Part 258 Criteria are not actually restated
in this Code they are nevertheless incorporated by reference and are
applicable.  If the EPA approves the Tribe's solid waste program, then
the Tribe has all of the flexibility granted to it under the Part 258
Criteria, whether or not such flexibility is specifically restated in
the Code.  Any specific provisions of the Code which are more
stringent than the Part 258 Criteria, are applicable and controlling.

CHAPTER TWENTY-THREE--DEFINITIONS

Sec. 23.101 Definitions.

     Unless otherwise provided or the context requires another
definition, the definitions set forth in this Chapter shall apply to
the terms used throughout this Code.  Additional definitions sometimes
appear in the specific sections to which they apply.

     Active Life.  "Active life" means the period of operation
beginning with the initial receipt of solid waste and ending at
completion of closure activities in accordance with 40 CFR Sec. 258.60.

     Active Portion.  "Active portion" means that part of a facility
or unit that has received or is receiving wastes and that has not been
closed in accordance with 40 CFR Sec. 258.60.

     Administrator.  "Administrator" means the Administrator of the
United States Environmental Protection Agency, or any authorized
representative.

     Approved EPA Solid Waste Disposal Program.  "Approved EPA Solid
Waste Disposal Program" means a Tribal municipal solid waste landfill
disposal program, including a system of prior approval and permit
conditions, that has been determined to be adequate by EPA under 40
CFR Part 239, for the regulation of solid waste as required under 40
CFR Part 258.  EPA approval of a Tribe's solid waste disposal program,
allows a Tribe the flexibility to approve alternate criteria for the
design and regulation of municipal solid waste landfills.

     Approved Tribe.  "Approved Tribe" means a Tribe whose municipal
solid waste landfill disposal program and system of prior approval and
permit conditions has been determined to be adequate by EPA under 40
CFR Part 239 and Part 258.

     Aquifer.  "Aquifer" means a geological formation, group of
formations, or portion of a formation capable of yielding significant
quantities of ground water to wells or springs.

     Background.  "Background" means the concentrations or measures of
constituents or parameters in air, soil, or water that has not been
affected by constituents or leachate from the solid waste facility
being monitored.

     Background Monitoring Point.  "Background monitoring point" means
a well, device, or location specified in the permit conditions at
which monitoring for background water quality or background soil
quality is conducted.

     BIA.  "BIA" means the Bureau of Indian Affairs, Department of the
Interior, United States of America.

     Board.  "Board" means the Tribe's Environmental Protection Board. 
The Board issues permits for the construction and operation of MSWLFs
on the Reservation, or for the collection and transportation of solid
waste; holds public and administrative hearings under the Code; and
performs those duties delegated to it under the Code.

     Closure.  "Closure" means the termination of the receiving,
handling, recycling, treatment, composting, or disposal of solid waste
at a solid waste facility, and includes all operations necessary to
prepare the facility for post-closure maintenance.

     Code.  "Code" means the ________ Tribe's Solid Waste Management
Code.  The Code incorporates by reference, 40 CFR Part 258, which
contains the Federal criteria for MSWLFs.

     Collection.  "Collection" means the act of collecting solid waste
or hazardous waste at the place of generation by an approved
collection agent and does not mean "removal".

     Collection Vehicle or Equipment.  "Collection vehicle or
equipment" means any vehicle or equipment used in the collection of
solid waste.

     Commercial Solid Waste.  "Commercial solid waste" means all types
of solid waste generated by stores, offices, restaurants, warehouses,
and other nonmanufacturing activities, excluding residential and
industrial wastes.

     Construction.  "Construction" means the erection or building of
new structures and the acquisition, replacement, expansion,
remodeling, alteration, modernization, or extension of existing
structures.

     Cover Material.  "Cover material" means soil or other material
suitable for use in covering compacted solid waste in a sanitary
landfill.  A material is suitable for use as a cover material if, when
properly used, it will prevent:

         (1)  the propagation, harborage, or attraction of vectors;

         (2)  the progress of fires;

         (3)  the escape of odor;

         (4)  excess infiltration of surface water runoff; and

         (5)  erosion.

     Daily Cover.  "Daily cover" means cover material spread and
compacted on the entire surface of the active face of a sanitary
landfill at the end of each operating day.  40 CFR Sec. 258.21 requires
that solid waste must be covered with six inches of earthen material
at the end of each operating day.  If the Tribe has an EPA approved
solid waste program, the Director of the Solid Waste Agency may
approve alternative materials of an alternate thickness.

     Director.  "Director" means the Director of the Tribe's Solid
Waste Agency.  The Director is the chief administrative officer of the
Tribe's Solid Waste Agency which regulates and monitors the Tribe's
municipal solid waste disposal and permit program as is required under
40 CFR Part 258 and 40 CFR Part 239.

     Disposal.  "Disposal" means the discharge, deposit, injection,
dumping, spilling, leaking, or placing of any solid waste or hazardous
waste into or on any land or water so that such solid waste or
hazardous waste or any constituent thereof may enter the environment
or be emitted into the air, or discharged into any waters, including
surface waters or groundwaters.

     Existing MSWLF Unit.  "Existing MSWLF unit" means any municipal
solid waste landfill unit that is receiving solid waste.  Also, see
"new MSWLF unit".

     Facility.  "Facility" means all contiguous land and structures,
other appurtenances, and improvements on the land used for the
disposal of solid waste.

     Fault.  "Fault" means a fracture or a zone of fractures in any
material along which strata on one side have been displaced with
respect to that on the other side.

     Financial Mechanism.  "Financial mechanism" means a trust fund or
other equivalent financial arrangement acceptable to the Board to
provide the financial assurances required by the Code for meeting the
costs of closure, post-closure, and corrective action, if applicable.

     Floodplain.  "Floodplain" means land that would be inundated with
flood water as a result of the occurrence of a 100-year flood.

     Fomite.  "Fomite" means any substance that may harbor or transmit
pathogenic organisms.

     Groundwater.  "Groundwater" means water below the land surface in
a zone of saturation.

     Guidance Document.  "Guidance document" means a document prepared
by the Director of the Solid Waste Agency that supplements criteria
under the Code.  A guidance document may provide specific technical
direction regarding the manner in which an owner or operator shall
comply with the Part 258 Criteria.  Guidance documents may be referred
to or attached as conditions to permits.  Such technical direction
must either conform to the Part 258 Criteria, or be more stringent.  A
guidance document may also provide direction as to how the Director of
the Solid Waste Agency interprets the Tribe's solid waste permit
program, consistent with Tribal laws and the Code.

     Hazardous Waste.  "Hazardous waste" means any waste substance,
material, smoke, gas, particulate matter, or combination thereof that:

         (1)  because of its quantity, concentration, or physical,
chemical, or infectious characteristics, may either cause or
significantly contribute to an increase in mortality or serious
irreversible or incapacitating illness, or pose a substantial present
or potential hazard to human health, living organisms, or the
environment when improperly handled, treated, stored, transported, or
disposed of; or

         (2)  is specifically defined to be hazardous or toxic by the
Federal Comprehensive Environmental Response, Compensation, and
Liability Act of 1980, or the Resource Conservation and Recovery Act
of 1976, as either act may be amended from time to time, and by any
regulations promulgated thereunder, including but not limited to any
substance, material, smoke, gas, particulate matter, or combination
thereof containing asbestos, petroleum or its byproducts, or
polychlorinated biphenyls (PCBS"); or

         (3)  is hazardous, toxic, ignitable, reactive, or corrosive,
and that is defined and regulated as such by the Tribe or the United
States of America.

     Holocene.  "Holocene" means the most recent epoch of the
Quaternary period, extending from the end of the Pleistocene Epoch to
the Present.

     Holocene Fault.  "Holocene Fault" means a fault that is or has
been active during the last 11,000 years.

     Household Hazardous Waste.  "Household hazardous waste" means
hazardous waste discarded by households.

     Household Waste.  "Household waste" means any solid waste
(including garbage, trash, and sanitary waste in septic tanks) derived
from households (including single and multiple residences, hotels and
motels, bunkhouses, ranger stations, crew quarters, campgrounds,
picnic grounds, and day-use recreation areas).

     Implementation Schedule.  "Implementation schedule" means a
schedule that indicates approximate dates for the orderly, timely
implementation of any Tribal solid waste disposal plans, policies or
programs; and also includes approximate dates for the establishment,
expansion, or closure of any MSWLFs on the Reservation.

     Indian Lands or Indian Country.  "Indian lands or Indian country"
means:
         (1)  All lands within the limits of any Indian reservation
under the jurisdiction of the United States Government,
notwithstanding the issuance of any patent, and including rights-of-way
running throughout the reservation;

         (2)  All dependent Indian communities within the borders of
the United States whether within the original or subsequently acquired
territory thereof, and whether within or without the limits of the
State; and

         (3)  All Indian allotments, the Indian titles to which have
not been extinguished, including rights of way running through the
same.

     Indian Tribe or Tribe.  "Indian Tribe" or "Tribe" means any
Indian tribe, band, nation, or community recognized by the Secretary
of the Interior and exercising substantial governmental duties and
powers within Indian country.

     Industrial Solid Waste.  "Industrial solid waste" means solid
waste generated by manufacturing or industrial processes that is not a
regulated hazardous waste under Subtitle C of RCRA.  Such waste may
include, but is not limited to, waste resulting from the following
manufacturing processes:  Electric power generation;
fertilizer/agricultural chemicals; food and related products/by-
products; inorganic chemicals; iron and steel manufacturing; leather
and leather products; nonferrous metals manufacturing/foundries;
organic chemicals; plastics and resins manufacturing; pulp and paper
industry; rubber and miscellaneous plastic products; stone, glass,
clay and concrete products; textile manufacturing; transportation
equipment; and water treatment.  This term does not include mineral
wastes, or oil and gas wastes.

     Infectious Waste.  "Infectious waste" means:

         (1)  Laboratory wastes, including but not limited to
cultures of etiologic agents, which pose a substantial threat to
health due to their volume and virulence.

         (2)  Pathologic specimens, including but not limited to
human or animal tissues, blood elements, excreta, and secretions that
contain etiologic agents, and attendant disposable fomites.

         (3)  Surgical specimens, including but not limited to human
or animal parts and tissues removed surgically, or at autopsy, which
in the opinion of the attending physician or veterinarian, contain
etiologic agents and attendant disposable fomites.

         (4)  Human dialysis waste materials, including but not
limited to arterial lines and dialysate membranes.

         (5)  Carcasses of animals infected with etiologic agents
that may present a substantial hazard to public health if improperly
managed.

         (6)  Equipment, instruments, utensils, or any other material
that is likely to transmit etiologic agents.

         (7)  Any other material that is likely to transmit etiologic
agents, or presents a significant danger of infection, because it is
contaminated with, or may reasonably be expected to be contaminated
with, etiologic agents.

     Karst terrains.  "Karst terrains" means areas where karst
topography, with its characteristic surface and subterranean features,
is developed as the result of dissolution of limestone, dolomite, or
other soluble rock.  Characteristic physiographic features present in
karst terrains include, but are not limited to, sinkholes, sinking
streams, caves, large springs, and blind valleys.

     Lateral Expansion.  "Lateral expansion" means a horizontal
expansion of the waste boundaries of an existing MSWLF unit.

     Leachate.  "Leachate" means any liquid formed by the drainage of
liquid from solid waste or by the percolation or flow of liquid
through solid waste, including but not limited to any constituents
extracted from the solid waste and dissolved or suspended in the
liquid.

     Lead Agency.  "Lead Agency" means the Tribe's Solid Waste Agency
which has the legal authority and the oversight responsibilities to
regulate and monitor the Tribe's permit program and system of prior
approval and conditions to ensure that MSWLFs comply with the Code and
the Part 258 Criteria.

     Liner.  "Liner" means a continuous layer of natural or artificial
material or a continuous membrane of artificial material installed
beneath or on the sides of a solid waste facility which acts as a
barrier to vertical or lateral fluid movement.

     Liquid Waste.  "Liquid waste" means any waste material which
contains free liquid that is defined by Method 9095 (Paint Filter
Liquids Test), as described in "Test Methods for Evaluating Solid
Wastes, Physical/Chemical Methods" (EPA Pub. No. SW-846).

     Lithified Earth Material.  "Lithified earth material" means all
rock, including all naturally occurring and naturally formed
aggregates or masses of minerals or small particles of older rock that
formed by crystallization of magma or by loose sediments.  Lithified
earth material does not include man-made materials such as fill,
concrete and asphalt or unconsolidated earth materials, soil or
regolith lying at or near the earth surface.

     Lower Explosive Limit.  "Lower explosive limit" means the lowest
percent by volume of a mixture of explosive gases in air that will
propagate a flame at 25 degrees Celsius and atmospheric pressure.

     Maximum Horizontal Acceleration in Lithified Earth Material. 
"Maximum horizontal acceleration in lithified earth material" means
the maximum expected horizontal acceleration depicted on a seismic
hazard map, with a ninety percent or greater probability that the
acceleration will not be exceeded in two hundred fifty years, or the
maximum expected horizontal acceleration based on a site specific
seismic risk assessment.

     Mining Waste.  "Mining waste" means all waste materials (solid,
semi-solid, and liquid) from the mining and processing of ores and
minerals, including soil, waste rock, and other forms of overburden as
well as tailings, slag, and other processed mining wastes.

     Municipal Solid Waste Landfill Unit or MSWLF.  "Municipal solid
waste landfill unit" or "MSWLF" means a discrete area of land or an
excavation that receives household waste, and that is not a land
application unit, surface impoundment, injection well, or waste pile,
as those terms are defined under 40 CFR Sec. 257.  A MSWLF unit also may
receive, as authorized under the SWDA, other types of RCRA Subtitle D
wastes, such as, commercial solid waste, nonhazardous sludge, and
industrial solid waste.  The Code, however, prohibits the disposal of
certain solid wastes in a MSWLF that would otherwise be permitted
under the SWDA, such as, the conditionally exempt small quantity
hazardous generator waste.  A MSWLF may be publicly or privately
owned.  A MSWLF unit may be a new unit, an existing unit or a lateral
expansion.  A lateral expansion is the horizontal expansion of the
waste boundary of an existing unit.  A MSWLF must comply with all of
the criteria under this Code.

     New MSWLF Unit.  "New MSWLF unit" means any municipal solid waste
landfill unit that has not received waste.

     Nuisance.  "Nuisance" means a condition that occurs as a result
of the handling, treatment, composting, or disposal of solid waste,
which condition (1) is injurious to human health or is indecent or
offensive to the senses and interferes with the comfortable enjoyment
of life or property, and (2) affects an entire community or
neighborhood or any considerable number of persons.

     100-Year Flood.  "100-year flood" means a flood that has a one
percent chance of being equaled or exceeded or greater chance of
recurring in a one-year period based on criteria established by the
Director of the Solid Waste Agency.

     Open Burning.  "Open burning" means the combustion of solid waste
without:

         (1)  Control of combustion air to maintain adequate
temperature for efficient combustion.

         (2)  Containment of the combustion reaction in an enclosed
device to provide sufficient residence time and mixing for complete
combustion, and

         (3)  Control of the emission of the combustion products.

     Open Dump.  "Open dump" means any  facility or site on the
Reservation where solid waste has been disposed of, which is not a
sanitary landfill authorized under the Code under 40 CFR Parts 257 or
258.

     Operator.  "Operator" means the person(s) responsible for the
overall operation of a MSWLF facility or part of a MSWLF facility.

     Owner.  "Owner" means the person(s) who owns a MSWLF facility or
part of a facility.

     Part 258 Criteria.  "Part 258 Criteria" are the environmental
criteria contained in 40 CFR Part 258 for the location, operation,
design, groundwater monitoring, corrective action, closure, post-
closure care, and financial assurance requirements for MSWLFs.  These
are environmental standards mandated by the Federal Government.

     Permit.  "Permit" means an authorization and license issued under
the authority of the Board regulating the collection and
transportation of solid waste, or regulating the treatment and
disposal of solid waste, including the construction and/or operation
of a MSWLF on the Reservation as required under this Code.

     Permittee.  "Permittee" means a person who is authorized and
permitted by the Board, to collect and transport solid waste, or
construct or operate a MSWLF in compliance with this Code.

     Permit Documents.  "Permit documents" means permit applications,
drafts and final MSWLF permits, or other documents that include
applicable design and management conditions in accordance with 40 CFR
Part 258, and the technical and administrative information used to
explain the basis of permit conditions, including applicable guidance
documents.

     Person.  "Person" means any individual, trust, firm, association,
partnership, Indian Tribe, Tribally chartered corporation or business,
political subdivision, government agency, municipality, industry,
public or private corporation, any legal entity or private enterprise,
and includes members of the              Tribe, all other non-member
Indians, and all non-Indians.

     Point of Compliance.  "Point of compliance" means a vertical
surface located at the hydraulically downgradient limit of a discrete
unit at a MSWLF that extends through the uppermost aquifer underlying
the facility.

     Pollution.  "Pollution" means the unauthorized disposal of any
solid waste or hazardous waste into the air, land, surface water or
groundwater.

     Post-Closure Maintenance.  "Post-closure maintenance" means all
activities undertaken at a closed MSWLF to maintain the integrity of
containment features and to monitor compliance with applicable
performance standards s required under this Code.

     Post-Closure Maintenance Period.  "Post-closure maintenance
period" means a period of at least thirty (30) years after closure of
a MSWLF, or if the Tribe has an EPA approved solid waste program, a
period which ends only after the operator demonstrates to the
satisfaction of the Director of the Solid Waste Agency that the solid
waste contained in such facility no longer poses any threat to human
health and the environment.

     Qualified Groundwater Scientist.  "Qualified groundwater
scientist" means a scientist or engineer who has received a
baccalaureate or post-graduate degree in the natural sciences or
engineering and has sufficient training and experience in groundwater
hydrology and related fields as may be demonstrated by State
registration, professional Certifications, or completion of accredited
university programs that enable that individual to make sound
professional judgments regarding groundwater monitoring, contaminant
fate and transport, and corrective-action.

     Recovery.  "Recovery" means the recovery of material, byproducts,
or energy from solid waste.

     Recycling.  "Recycling" means the process of sorting, cleansing,
treating, and reconstituting solid waste or other discarded material
in order to prepare the altered form for use.

     Regional Administrator.  "Regional Administrator" means any one
of the ten Regional Administrators of the Environmental Protection
Agency.

     Regulated Hazardous Waste.  "Regulated hazardous waste" under the
SWDA means a solid waste that is a hazardous waste, as defined in 40
CFR Part 261, that is not excluded from regulation as a hazardous
waste under 40 CFR Sec. 261.4(b), or was not generated by a conditionally
exempt small quantity generator as defined in 40 CFR Sec. 261.5. 
Regulated hazardous waste is not allowed to be disposed of at MSWLFs
under the SWDA.  The Code provides that conditionally exempt small
quantity generator hazardous waste is not allowed to be disposed of at
MSWLFs on the Reservation, even though such waste is not regulated
hazardous waste.  This is a more stringent environmental standard than
is required under the 258 Criteria.

     Removal.  "Removal" means the act of taking solid waste or
hazardous waste from the place of generation either by an approved
collection agency or by the owner of the solid waste or hazardous
waste.

     Reservation.  "Reservation" or "on the Reservation", or "on or
within the Reservation" means the __________ Tribe Indian Reservation,
and includes all lands of any kind within the exterior boundaries of
the Reservation.

     Resource Recovery System.  "Resource recovery system" means a
solid waste management system that provides for collection,
separation, recycling, and recovery of solid waste, including disposal
of nonrecoverable waste residue.

     Rules and Regulations.  "Rules and Regulations" mean any rules
and regulations promulgated by the Board, and adopted by the Tribal
Council, regulating the collection, transportation or disposal of
solid waste on the Reservation, which will implement, supplement or
regulate any provisions of the Code.

     Run-off.  "Run-off" means rainwater, leachate, or other liquid
that drains over land from any part of a MSWLF.

     Run-on.  "Run-on" means any rainwater, leachate, or other liquid
that drains over land onto any part of a MSWLF.

     Sanitary Landfill.  "Sanitary landfill" means a disposal facility
employing a method of disposing of solid waste on land, without
creating nuisances, pollution or hazards to public health or safety,
by using methods to confine the solid waste to the smallest practical
area, to reduce it to the smallest practical area, to reduce it to the
smallest practical volume, and to cover it with a layer of suitable
cover material at specific designated intervals.  A sanitary landfill
by definition must meet all of the Part 258 Criteria.  A MSWLF under
the Code is a sanitary landfill.

     Saturated Zone.  "Saturated zone" means that part of the earth's
crust in which all voids are filled with water.

     Sewage Sludge.  "Sewage sludge" means any residue, excluding grit
or screenings, removed from wastewater, whether in a dry, semi-dry, or
liquid form.

     Site-Specific.  "Site-specific" means specific to the local site.

     Sludge.  "Sludge" means any solid, semi-solid, or liquid waste
generated from a municipal, commercial, or industrial wastewater
treatment plant, water supply treatment plan, or air pollution control
facility, exclusive of the treated effluent from a wastewater
treatment plant.

     Solid Waste.  "Solid waste" means any garbage, or refuse, sludge
from a wastewater treatment plant, water supply treatment plant, or
air pollution control facility and other discarded materials,
including solid, liquid, semi-solid, or contained gaseous material
resulting from industrial, commercial mining, and agricultural
operations, and from community activities, but does not include solid
or dissolved materials in domestic sewage, or solid or dissolved
materials in irrigation return flows or industrial discharges that are
point sources subject to permit under 33 U.S.C. 1342, or source,
special nuclear, or by-product material as defined by the Atomic
Energy Act of 1954, as amended (68 Stat. 923).

     SWDA.  "SWDA" means the Federal Solid Waste Disposal Act, as
amended by the Resource Conservation and Recovery Act of 1976 ("RCRA")
and the 1984 Hazardous and Solid Waste Amendments ("HSWA") to RCRA,
and more particularly, subchapter IV - State or Regional Solid Waste
Plans, SWDA Secs. 4001-4010, 42 U.S.C.A. Secs. 6941-6949(a), which
requires that the EPA promulgate criteria for MSWLFs, and which
prohibits disposal of solid waste at landfills which do not satisfy
such criteria.  The 40 CFR Part 258 regulations contain the criteria
for MSWLFs, and become generally effective on October 9, 1993,
although there are other effective dates under 40 CFR Part 258.

     Treatment.  "Treatment", when used in connection with hazardous
waste, means any method, technique, or process, including
neutralization, designed to change the physical, chemical, or
biological character or composition of any hazardous waste so as to
neutralize such waste or so as to render such waste nonhazardous,
safer for transport, amendable for recovery, amendable for storage, or
reduced in volume.  Such term includes any activity or processing
designed to change the physical form or chemical composition of
hazardous waste so as to render it nonhazardous.

     Tribal Council or Council.  "Tribal Council" or "Council" means
the governing body of the Indian Tribe.

     Tribal Court.  "Tribal Court" means the Tribal Court of the
Indian Tribe.

     Tribe or Tribal.  "Tribe" or "Tribal" means or refers to the
Indian Tribe.

     Tribe's Solid Waste Disposal Program.  "Tribe's Solid Waste
Disposal Program" means all the authorities, activities and procedures
under the Code, the Tribe's Waste Management Plan, and any other
Tribal laws or regulations that comprise the Tribe's system of
permits, and prior approval and conditions for regulating the
collection, handling, transportation, and disposal, treatment and
storage of solid waste, including all of the location, operation,
design, groundwater monitoring, corrective action, closure, post-
closure and financial assurance requirements under the Part 258
Criteria for municipal solid waste landfills.

     Tribe's Solid Waste Management Plan.  "Tribe's Solid Waste
Management Plan" means the formulation of Tribal policies for all
solid waste collection, handling, transportation, disposal, treatment,
storage, recycling and resource conservation, on or off the
Reservation.

     Uppermost Aquifer.  "Uppermost aquifer" means the geologic
formation nearest the natural ground surface that is an aquifer, as
well as, lower aquifers that are hydraulically interconnected with
this aquifer within a MSWLF's property boundary.

     Vector.  "Vector" means any insect, arthropod, rodent, or other
animal capable of transmitting a pathogen from one organism to
another, or of disrupting the normal enjoyment of life by adversely
affecting the public health and well-being.

     Waste Management Unit Boundary.  "Waste management unit boundary"
means a vertical surface located at the hydraulically downgradient
limit of the unit.  This vertical surface extends down into the
uppermost aquifer.




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