CONFEDERATED TRIBES AND BANDS OF THE YAKAMA NATION

1. CONFEDERATED TRIBES AND BANDS OF THE YAKAMA NATION Solid Waste Program Session 2: Tribal Case Study The Role of Tribal Solid Waste Codes May 2011

2. Today’s Presentation • Present the Amended Solid Waste Codes What was happening that required us to review and amend our Codes • Some of the steps we took to develop our Codes • Review of the proposed Solid Waste Code

3. The Ancestral Homeland of the Yakama Nation is located within the Mid-Columbia River Basin and Covered Approximately 25% of the present day state of Washington.

4. Today, the Yakama Nation occupies 1.4 million acres. It is the largest Reservation of the 29 federally recognized Indian Tribes in Washington State. There are presently approximately 10,100 enrolled members. Source: U.S. Department of Interior, Bureau of Indian Affairs, Tiller’s Guide to Indian Country, Economic Profiles of Am. Indian Reservations (1998)

5. Goal of the Solid Waste Program Develop a tribally administered and sustained integrated solid waste management system that is economical, environmentally safe, and incorporates ancestral ecological knowledge into its practices.

6. Goal of the Solid Waste Program

7. How Do We Go About Doing This? There are five fundamental components that form the core of any integrated solid waste management program • Solid Waste Management Plan • Solid Waste Codes, Ordinance, Regulations • Enforcement Mechanisms • Viable Solid Waste Disposal Options • Community Outreach and Education

8. TODAY WE ARE ADDRESSING ONE OF THESE ELEMENTS Update the Solid Waste Codes to reflect current situation and practices

9. WHAT ARE CODES • Tribal Laws/Codes • Black's Law Dictionary defines the word "code" as a systematic collection ... of laws, rules, or regulations. A(n) ... official compilation of laws ...   consolidated and classified by subject matter.”

10. The Solid Waste Code • Creates a framework for the Yakama Nation to establish rules, policies and regulations that protect public health, the environment and the natural resources of the Yakama Nation • Asserts the Tribe’s inherent regulatory authority to manage solid waste

11. Reasons to Amend the Solid Waste Codes • Changed circumstances on how waste is currently managed on the Reservation. • County is attempting to expand jurisdiction on Reservation • Increase in and cost of illegal dumping • Protection of public health, the environment and resources of the Yakama Nation • Ensure the sustainability of the Solid Waste Program through grants and fees

12. Changed Circumstances • The last Yakama Nation Solid Waste Management Plan was developed in 1976 and adopted by Tribal Council resolution in 1977 (T-119-77)

13. Reasons: ChangesClosure of Tribal Landfill • To comply with federal Solid Waste Disposal regulations, RCRA, the Nation closed its landfill in 1993. • Collection was contracted out to Waste Management

14. Reasons: ChangesContracting out of Collection • In 2000, T-119-77 was amended to contract with Yakima Waste Systems, Inc. as the sole hauler of waste on the Reservation, with the exception of the towns of Wapato and Toppenish. • The Nation has a contract with YWS, Inc. until 2013

15. Reasons: Jurisdiction on the Yakama Indian Reservation over Nuisance Abatement Actions – Notice of Violation sent to Tribal member.

16. Reasons: Jurisdiction on the Yakama Reservation While the Yakama Nation is a large Reservation - It is also a checkerboard which raises many challenges.

17. Jurisdiction on the Yakama Indian Reservation over Nuisance Abatement Actions –Letter to Yakima County, March 2009 It has come to the attention of the Yakama Nation that over the past two months, Yakima County has asserted jurisdiction over the Yakama Indian Reservation and issued two Nuisance Notices and Orders pursuant to YCC Chapter 13.11, and IPMC §§ 103.2, 104.1.

18. Jurisdiction on the Yakama Indian Reservation over Nuisance Abatement Actions The Nation respectfully brings this to your attention as the actions of Yakima County raise issues concerning protocol and impermissible infringement on tribal self-government.

19. Jurisdiction on the Yakama Indian Reservation over Nuisance Abatement Actions The Yakama Nation has a Solid Waste Program and a Solid Waste Code. The Solid Waste Program has been cleaning up illegal dumping on the Reservation for 34 years

20. Jurisdiction on the Yakama Indian Reservation over Nuisance Abatement Actions In the past two years, we have removed over 200 tons of illegally dumped garbage at a cost to the Nation of $72,300 and have worked with the Department of Ecology to clean and remove over 3,540 tons of tires at a cost of $670,300.

21. Jurisdiction on the Yakama Indian Reservation over Nuisance Abatement Actions - The Nation has the inherent sovereign power to impose its Solid Waste Code on the Reservation, including on non-Indian owned fee land. See Thomsen v. King Cnty., 694 P.2d 40, 46 (Wash. Ct. App. 1985); see alsoCardin v. De La Cruz, 671 F.2d 363, 366 (9th Cir. 1982), cert. denied, 459 U.S. 967 (1982). Accordingly, the Nation is understandably concerned because the County did not first establish a protocol to work with the Yakama Nation before asserting its jurisdiction on the Reservation.

22. Jurisdiction on the Yakama Indian Reservation over Nuisance Abatement Actions In light of existing tribal Solid Waste regulations and the common goal of protecting the property rights of all Reservation citizens, the Yakama Nation would like to establish a protocol for a respectful working relationship between Yakima County and the Nation. (excerpts from letter to Vern Redifer, Yakima County Public Services, March 2009) . No response was received from the County.

23. Jurisdiction on the Yakama Indian Reservation over Nuisance Abatement Actions At present the Yakima County Public Works Division is infringing upon the Yakama Nation and its INHERENT AUTHORITY to govern all activities as it pertains to the collection of Solid Waste within the exterior boundaries of the Yakama Nation Reservation.

24. Jurisdiction on the Yakama Indian Reservation Over Nuisance Abatement Actions The new Law & Order Code Title 77 has established a permit process that requires all entities that chose to handle Solid Waste within the exterior boundaries of the Yakama Nation Reservation must first obtain a permit and pay a fee to enter into this activity.

25. Jurisdiction on the Yakama Indian Reservation over Nuisance Abatement Actions Yakima Herald Republic 1/13/09 Yakima County Public Works has come onto the reservation and condemned and demolished a private residence and placed a lien on the property until the owner reimburses the County for their costs.

26. Jurisdiction on the Yakama Indian Reservation over Nuisance Abatement Actions The County has issued a “Notice to Abate” to two other properties within the reservation boundaries that are owned by enrolled members of the Yakama Nation. If the property owners do not comply with the notice the County will proceed with abatement and place a lien on their property, this is a modern day land grab.

27. Reasons: Changes Amount of Waste Generated • In 2000 the population was approximately 31,799 • 30,519 tons per year • 84 tons per day • 4.9 pounds per resident per day • In 1976 the population on the Reservation was approximately 25,000.

28. Changes…Fee Increases

29. Illegal Dumping • In 1995 a Solid Waste Disposal on the Yakama Indian Reservation - Site Assessment and Program Management Study was conducted. • The study identified 132 opened and/or covered dump or landfill. Source: Solid Waste Disposal at the Yakama Indian Reservation: Site Assessment and Program Management Study, 1995 – Lynn Zender and George Tchobanoglous, Department of Civil Environmental Engineering, University of California, Davis, CA.

30. Map of Illegal Dump Sites This was a big problem as there were hundreds of illegal dumps scattered throughout the Reservation.

31. Illegal Dump Site Clean Ups Annie Moses Road – A 60 Ton and $9,000 Clean Up

32. Cleaned and Closed White Swan Dump This site was a repeat dumping area which was costing the Nation approximately $45,000 year to clean.

33. Tire Pile Clean Up 2,882 Tons of Tires Actions October 6, 2006 – November 6, 2007 This black area is not a body of water. It is a photo from Google earth showing a sea of tires

34. Tracking and Cost of Illegal Dumping

35. ILLEGAL DUMPING Illegal dumping is the most expensive form of waste disposal. It costs the Yakama Nation $720 per ton to clean this up.

36. Community Garbage Survey Results – Effective Ways to Reduce Illegal Dumping • Methods favored: • Fines 47% • Provide garbage drop-off 47% • Encourage garbage pick-up 19%

37. Law and Order Code

38. WHAT ARE CODES • Tribal Laws/Codes • Black's Law Dictionary defines the word "code" as a systematic collection ... of laws, rules, or regulations. A(n) ... official compilation of laws ...   consolidated and classified by subject matter.”

39. RESEARCH AND REFERNCES • TRIBAL COURT CLEARING HOUSE A Project of the Tribal Policy Law Institute • http://www.tribal-institute.org/lists/codes.htm • http://www.tribal-institute.org/codes/part_nine.htm

40. References • http://www.municode.com/library/clientCodePage • Google Various County Solid Waste Codes

41. ASK FOR ASSISTANCE • We asked our Office of the Prosecutor, Chief Prosecutor, David Lees to assist us in refining our codes.

42. Amended solid waste code

43. 77.01.01Finding And Purpose pg 1 IN THE MATTER OF THE ESTABLISHMENT OF MINIMUM STANDARDS REGULATING THE STORAGE, COLLECTION, TRANSPORTATION AND DISPOSAL OF SOLID WASTE, ESTABLISHMENT OF A YAKAMA NATION COLLECTION SYTEM, COLLECTION FEES, DISPOSAL FACILITY, DISPOSAL FEES, PERMIT SYSTEM FOR COLLECTION AND DISPOSAL SYSTEMS, PERMIT FEES, PROVIIDING A PENALTY FOR VIOLATION THEREOF, AND DECLARING AN EMERGENCY.

44. 77.01.01Finding And Purpose pg 1 • Solid waste includes waste from residential, commercial and institutional sources, such as durable and nondurable goods, containers and packaging , food scraps, yard trimmings, organic and inorganic wastes, construction and demolition debris, household hazardous waste and other special waste.

45. 77.01.01Finding And Purpose pg 1 B. The existing disposal systems are limited and facilities are being managed by Yakima County, thereby creating a situation whereby an adequate solid waste management system is not provided for the majority of Yakama Reservation residents.

46. 77.01.01Finding And Purpose pg. 1 • It is deemed to be in the best interest of the Yakama Nation that a solid waste management system be established and that regulation of such operations is necessary to : • Protect and enhance the public health and environmental quality; and • Manage the solid waste resources, which are a natural resource of the Yakama Nation

47. 77.01.03: Committee- Authority and Powers pg 2 • THE COMMITTEE • The Committee is authorized to carry out all applicable provisions of this Code, to promulgate all necessary regulations consistent with this Code, and to enforce any orders or decrees of the Tribal Court which relate to the subject matter of this Code.

48. 77.01.05 Committee- Authority and Powers pg.2 • MANDATORY DUTIES • The Committee shall: • Provide for the continued operation and maintenance of a solid waste management system; • Provide for the safe and sanitary disposal of solid waste by the establishment of an integrated solid waste management system which includes a combination of any of the following: • Source reduction • Recycling • Combustion • Landfilling

49. 77.01.03 Committee- Authority and Powers pg.2 • MANDATORY DUTIES • Provide for the continued operation and maintenance of the solid waste management system by the establishment of an adequate revenue source, through the charging of fees to be established by regulation. • BUDGET • The Committee is authorized to prepare an annual budget reasonably calculated to carry out the provisions of this Code.

50. 77.01.05 Definitions Refer to pages 3 - 14