TOMARAS & OGAS, LLP

10755-FScRiPPsPowAY PARKWAY #281- SAN DIEGO, CALIFORNIA 92131

TELEPHONE (858)554-0550 • FACSIMILE (858) 777-5765 • WWW.MTOWLAW.COM

Kathryn A. Ogas kogas@mtowlaw.com

Brenda L. Tomaras btomaras@mtowlaw.com

April 30, 2012

Mr. Jared Blumenfeld

Regional Administrator

United States Environmental Protection Agency

Region IX; 75 Hawthorne Street

San Francisco, CA 94105

Re: Site Flexibility Waiver for the Closure of the Picacho Landfill on the Quechan Indian

Reservation

Dear Mr. Blumenfeld:

The County of Imperial and the Quechan Indian Tribe have spent nearly twenty years

working on developing an appropriate and sufficient closure plan for the closure of the Picacho

Landfill which the County has operated on the Quechan Indian Reservation for nearly forty

years.

In the course of working with the County to devise an appropriate plan, the Tribe

requested the technical assistance of the Bureau of Indian Affairs (BIA) and the Environmental

Protection Agency (EPA). Staff for both the BIA and EPA have reviewed and advised the Tribe

on both the Closure Plan and the two items requiring a site flexibility waiver: the final cover and

the water monitoring plan.

Pursuant to the enclosed resolution, the Tribal Council has approved the Final Closure

Plan for the Picacho Landfill and requests the EPA to move forward on the issuance of the site

flexibility waivers.

Should you have any questions, please do not hesitate to contact me.

Very truly yours,

TOMARAS & OGAS, LLP

Brenda L. Tomaras

Attorneys for the Quechan Indian Nation
QUECHAN INDIAN TRIBE

Ft. Yuma Indian Reservation

P.O. Box 1899

Yuma, Arizona 85366-1899

Phone (760) 572-0213

Fax (760) 572-2102

RESOLUTIO N

R-259-11

A RESOLUTION TO APPROVE AND ADOPT THE FINAL CLOSURE/POSTCLOSURE MAINTENANCE PLAN FOR THE PICACHO LANDFILL

WHEREAS: THE QUECHAN INDIAN TRIBE OF THE FORT YUMA INDIAN

RESERVATION IS A FEDERALLY-RECOGNIZED INDIAN TRIBE

ORGANIZED UNDER A CONSTITUTION AND BYLAWS RATIFIED

BY THE TRIBE ON NOVEMBER 28, 1936, AND APPROVED BY

THE SECRETARY OF THE INTERIOR ON DECEMBER 18, 1936,

WITH REVISED AMENDMENTS APPROVED ON NOVEMBER 18,

1974, AND MAY 21, 1997; AND

WHEREAS: THE TRIBAL COUNCIL IS THE GOVERNING BODY OF THE TRIBE

PURSUANT TO THE TRIBE'S INHERENT AUTHORITY AND

ARTICLE IV OF THE TRIBE'S CONSTITUTION AND BY-LAWS

AND HAS ALL THE LEGISLATIVE POWERS AND

RESPONSIBILITIES OF THE TRIBE'S GOVERNMENT; AND

WHEREAS: THE PICACHO LANDFILL WAS AN ONGOING OPERATION AT

THE TIME THE LAND ENCOMPASSING THE LANDFILL WAS

TAKEN INTO TRUST FOR THE TRIBE BY THE UNITED STATES

GOVERNMENT; AND

WHEREAS: ACCORDING TO DISCUSSIONS WITH THE DEPARTMENT OF

INTERIOR, THE PICACHO LANDFILL HAS BEEN IN OPERATION

IN ONE FORM OR ANOTHER SINCE APPROXIMATELY THE

1940S; AND

WHEREAS: FROM AROUND 1977 FORWARD, THE COUNTY OPERATED THE

LANDFILL ON TRIBAL LANDS PURSUANT TO A LEASE FOR

$1.00 PER YEAR FOR 50 ACRES NEGOTIATED AND APPROVED

BY THE DEPARTMENT OF INTERIOR, BUREAU OF INDIAN

AFFAIRS ("BIA"); AND

WHEREAS: SAID LEASE EXPIRED IN 1995 AND WAS NEVER RENEWED BY

THE COUNTY AND BUREAU OF INDIAN AFFAIRS; AND
R-259-11

PAGE TWO

WHEREAS: THE COUNTY INITIATED PLANS TO CLOSE THE PICACHO

LANDFILL AS OF 1995 AND THE TRIBE, COUNTY, STATE AND

FEDERAL AUTHORITIES HAVE CONTINUOUSLY MET AND

NEGOTIATED A CLOSURE PLAN SINCE THAT TIME; AND

WHEREAS:

WHEREAS:

WHEREAS:

WHEREAS:

WHEREAS:

THE TRIBE REQUESTED TECHNICAL ASSISTANCE FROM THE

BIA AND THE UNITED STATES ENVIRONMENTAL PROTECTION

AGENCY ("EPA") TO ASSURE THAT ON-GOING REVISIONS TO

THE CLOSURE PLAN WOULD PROVIDE FOR AN ADEQUATE

CLOSURE AND PROTECT THE TRIBE, ITS PROPERTY AND ITS

PEOPLE; AND

THE PICACHO CUT AND FILL SITE FINAL CLOSURE/POST

CLOSURE PLAN AS DATED JUNE 2009, FURTHER REVISED ON

OCTOBER 27, 2010 AND FURTHER AMENDED BY EPA

COMMENTS ON THE CLOSURE PLAN DATED FEBRUARY 10,

2011 HAS BEEN REVIEWED AND SUPPORTED BY THE BIA AND

EPA TECHNICAL EXPERTS; AND

IN ADDITION TO THE CLOSURE PLAN, THE COUNTY'S

CONSULTANTS DEVELOPED A PLAN TO TEST THE PESTICIDE

PIT AT THE LANDFILL TO PROVIDE ASSURANCES THAT IT

WILL NOT POSE A DANGER TO THE TRIBE, ITS PROPERTY OR

ITS PEOPLE; AND

THE BIA AND EPA AGAIN PROVIDED TECHNICAL ASSISTANCE

IN REVIEWING THE PROPOSED PESTICIDE PIT TEST PLAN AND

SUPPORT THE VERSION ISSUED JULY 30, 2009; AND

THE TRIBE DESIRES A CLEAN, COMPREHENSIVE,

SUSTAINABLE CLOSURE OF THE PICACHO LANDFILL.

AND

NOW, THEREFORE BE IT RESOLVED: THAT BASED UPON THE

RECOMMENDATION OF ITS TECHNICAL EXPERTS, THE QUECHAN INDIAN

TRIBE OF THE FORT YUMA INDIAN RESERVATION THROUGH ITS TRIBAL

COUNCIL APPROVES THE PICACHO LANDFILL FINAL CLOSURE/POSTCLOSURE MAINTENANCE PLAN DATED JUNE 2009, FURTHER REVISED

OCTOBER 27, 2010 AND AMENDED ON FEBRUARY 10, 2011; AND

BE IT FURTHER RESOLVED: THAT BASED UPON THE RECOMMENDATION

OF ITS TECHNICAL EXPERTS, THE QUECHAN INDIAN TRIBE OF THE FORT

YUMA INDIAN RESERVATION THROUGH ITS TRIBAL COUNCIL APPROVES

THE PICACHO PESTICIDE PIT TESTING PLAN ISSUED JULY 30, 2009; AND
R-259-11

PAGE THREE

BE IT FURTHER RESOLVED: THAT THE TRIBAL COUNCIL INTENDS TO

SUBMIT THE NECESSARY REQUESTS TO THE EPA FOR SITE FLEXIBILITY

WAIVERS AS REQUIRED BY THE APPROVED PLAN; AND

BE IT FINALLY RESOLVED: THAT THE TRIBAL COUNCIL INTENDS TO

PURSUE ANY OTHER AGREEMENTS NECESSARY TO ASSURE THAT THE

TRIBE IS SATISFIED WITH THE POST-CLOSURE MAINTENANCE OF THE

LANDFILL.

CERTIFICATION

THIS FOREGOING RESOLUTION WAS PRESENTED AT A SPECIAL COUNCIL

MEETING OF THE QUECHAN TRIBAL COUNCIL WHICH CONVENED ON

DECEMBER 8, 2011, DULY APPROVED BY A VOTE OF _5_ FOR, _0_

AGAINST, _0_ ABSTAINING, _1_ABSENT, BY THE TRIBAL COUNCIL OF

THE QUECHAN TRIBE, PURSUANT TO THE AUTHORITY VESTED IN IT BY

SECTION 16 OF THE REORGANIZATION ACT OF JUNE 18, 1934 (48 STAT. 984)

AS AMENDED BY THE ACT OF JUNE 15, 1935 (49 STAT. 378) AND ARTICLE IV

OF THE QUECHAN TRIBAL CONSTITUTION AND BY-LAWS. THIS

RESOLUTION IS EFFECTIVE AS OF THE DATE OF ITS APPROVAL.

QUECHAN INDIAN TRIBE

BY:

^*i <=& _

KEENVESCALANTI, gR., PRESIDENT

QUECHAN TRIBAL COUNCIL

RO§EANA WILLIAMS, INTERIM SECRETARY

QUECHAN TRIBAL COUNCIL