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Law and Order Code of the Fort McDowell
Yavapai Community, Arizona

Approved by Area Director, Bureau of Indian Affairs
Phoenix Area Office
October 16, 1990

1. Promote the health and safety of Tribal members and all other persons within the exterior boundaries of the Nation and other lands within the jurisdiction of the Tribe;
   
   
2. Promote the cultural, social and economic stability of residential, agricultural, commercial, industrial, forest, riparian, and environmentally sensitive lands within the Nation and other lands within the jurisdiction of the Tribe;
   
   
3. Contribute to the protect the historical and cultural values and traditions of the Tribe, the Nation as a permanent Tribal homeland, and the aboriginal character of the Nation;
   
   
4. Minimize air, water and land from solid and hazardous waste pollution, including contamination of the Tribe's aquifers, groundwater, surface waters, drinking water supplies, and all other natural resources;
   
   
5. Enhance standard of living, quality of life, welfare and well-being of all persons within the exterior boundaries of the Nation and other lands within the jurisdiction of the Tribe;
   
   
6. Provide and promote Tribal environmental protection and services within the Nation, and to regulate environmental activities under principles of Tribal sovereignty; and
   
   
7. Implement, regulate, and enforce environmental standards and criteria, orders and permit conditions, and laws and regulations under the Ordinance, for the sanitary storage, collection, transportation and disposal of all solid waste within the exterior boundaries of the Nation and other lands within the jurisdiction of the Tribe.

1. all persons within the exterior boundaries of the Nation, without exception, including but not limited to, all Tribal members, and all other person on the Nation, including any Indians who are members of other Indian Tribes, all non-Indians, and any other person as defined under the Ordinance; and
   
   
2. all places and lands located anywhere within the exterior boundaries of the Nation and other lands within the jurisdiction of the Tribe, including all trust lands, and notwithstanding the issuance of any patent, fee, allotment, right-of-way, lease, and any real property interest of any kind, held by any person as defined under the Ordinance.

1. Approved site means a solid waste landfill established and operated in compliance with 40 CFR Part 257 and 258.
   
   
2. 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 ground waters.
   
   
3. Household hazardous waste means materials that could be classified as hazardous waste under 40 CFR Parts 261.20 - § 261.35 but are exempt from treatment as hazardous waste under 40 CFR Parts 261.4(b)(1) because households generate them. This category includes non-empty household containers of paint, paint products, household cleaners, automotive fluids, pesticides, pool chemicals, household batteries, and similar materials.
   
   
4. Nation means the Fort McDowell Yavapai Nation.
   
   
5. Open burning means the burning of any materials wherein air contaminants resulting from combustion are emitted directly into the ambient air without passing through a stack or chimney. Open burning includes the burning of any refuse or salvageable material in any device not subject to or designed specifically to comply with the requirements of Article II of this Chapter.
   
   
6. Open dumps means any facility or site where solid waste or hazardous waste is disposed of which is not a sanitary landfill and which does not meet the criteria issued under 40 CFR Parts 257 and 258 and which is not a facility authorized for disposal of hazardous waste.
   
   
7. Operator means the person(s) responsible for the overall operation of a facility or part of a facility.
   
   
8. Owner means the person(s) who owns a facility or part of a facility.
   
   
9. Permitted contractor is a person who has a valid permit from the Fort McDowell Environmental Department to recover and transport solid waste.
   
   
10. Person means an individual, trust, firm, Joint Stock Company, corporation (including a government corporation) partnership, association, Tribe, State, municipality, commission, political subdivision of a State, or any interstate body.
    
    
11. Run-off means any rainwater, leachate, or other liquid that drains over land from any part of a facility.
    
    
12. Run-on means any rainwater, leachate, or other liquid that drains over land onto any part of a facility.
    
    
13. Sludge means any solid, semi-solid, or liquid waste generated from a municipal, commercial, or industrial wastewater treatment plant, waste supply treatment plant, or air pollution control facility exclusive of the treated effluent from a wastewater treatment plant.
    
    
14. Solid Waste means all solid and semi-solid wastes including any garbage, trash, rubbish, refuse, sludge from a wastewater treatment plant, water supply treatment plant, or air pollution control facility and other discarded material, including solid, liquid, semi-solid, or contained gaseous material resulting from industrial, commercial, mining, and agricultural operations, and from community activities, such as ashes, dead animals, abandoned vehicles, appliances, infectious wastes, hazardous wastes, street and parking lot cleaning, but does not include solid or dissolved material in domestic sewage, or solid or dissolved materials in irrigation return flows or industrial discharges that are point source 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.) The subcategories for solid waste are as follows:
    
    
    1. Appliances, Vehicles, and Equipment: Shall be considered solid waste if they are not in use, are in a state of disrepair, and are not properly stored, thereby causing an unsightly or hazardous condition to exist.
       
       
    2. Brush: All large trimmings from trees and shrubbery that cannot be readily place in containers.
       
       
    3. Bulky Refuse: Lawn and shrubbery clippings, leaves, weeds, paper, cardboard boxes, rugs, and other materials of lightweight nature.
       
       
    4. Hazardous Waste: Any solid waste, as defined in 40 CFR Part 261.3.
       
       
    5. Garbage: All waste that is capable of decay or decomposition, excepting sewage and body wastes, and the wrappings and containers resulting from the storage preparation, serving, and otherwise using of foods in or upon all premises.
       
       
    6. Manufacturing By-products: Any solid waste resulting from commercial or industrial processes, including but not confined to, produce packaging and shipping.
       
       
    7. Recyclable Materials: Any solid waste consisting of postconsumer materials which may be collected, separated, cleansed, treated, or reconstituted and returned to the economic stream in the form of raw materials or products.
       
       
    8. Residual Construction Debris: Any solid waste resulting from a construction project which would include lumber, scraps, shingles, plaster, brick, dirt, rock, gravel or concrete. This list is not all-inclusive but provides examples of typical construction debris.

1. Any person generating, producing, storing, or any person who has received any solid waste shall be responsible for the proper storage, removal, transport and disposal of solid waste. Solid waste, while being transported, shall be covered, tied or otherwise secured so waste will not be blown or dropped from the transport vehicle until it is legally deposited in an approved site or collected by a permitted contractor.
   
   
2. In addition to other persons who may be responsible as set forth in this section and for the purpose of this chapter, a person generating solid waste is responsible for the lawful storage, removal, transport and disposal of that solid waste until it is legally deposited in an approved site or collected by a permitted contractor.
   
   
3. When solid waste is dumped or deposited in violation of this Article and a particular person is identified three or more times on, in or within the material constituting the solid waste, there shall be a rebutable presumption that the person is responsible for the unlawful dumping of solid waste.
   
   
4. Any person who by contract, agreement or otherwise arranges for the recovery, transport, disposal or dumping of solid waste is responsible for complying with the provisions of this Article regarding solid waste.

1. Solid waste shall only be collected by the Fort McDowell Facilities Maintenance and Utilities Management Department or by commercial haulers that have obtained a permit from the Fort McDowell Yavapai Nation's Environmental Department authorizing private collection. Solid waste deposited for collection shall become the property of the Nation, or the authorized permitted commercial haulers upon collection. No other person shall remove any or all such solid waste so collected.

1. Solid Waste. FMYN or the permitted commercial hauler shall provide residential containers approved by the Facilities Maintenance and Utilities Management Department, except when the Nation or the permitted hauler may furnish large dumpsters or containers to commercial or residential customers for the accumulation, storage, and collection of all solid waste. The Facilities Maintenance and Utilities Management Department shall keep the containers in good repair and sanitary condition. Containers found to be no longer serviceable through disrepair or maintained in an unsanitary condition may be condemned by the Facilities Maintenance and Utilities Management Department from further use. All refuse must be suitably contained or properly prepared to be acceptable for collection. Legal notice of condemnation shall consist of a label or tag affixed to the container or notification in person or by mail to the owner or responsible party.
   
   
2. Garbage. Garbage shall be drained and wrapped and placed suitably in a container so as not to attract flies or other organisms that transmits pathogens.
   
   
3. Bulky Refuse. Bulky refuse and furniture shall be placed in containers or beside them or tied in bundles by the community member and set out for collection. The weight of a loaded container or bundle shall not exceed sixty (60) pounds. Discarded boxes should be flat when placed into a commercial dumpster. The Facilities Maintenance and Utilities Management Department Director or designee may provide bulk item service to any residential or commercial customer, which may be subject to the appropriate solid waste fees.
   
   
4. Brush. The community member shall neatly stack brush cut for disposal. Brush may be place in regular refuse containers but must readily fall out when emptied and shall not extend twelve inches (12") over the top edge of the container or be compacted or wedged in a manner which would impede collection. Upon notification by the Environmental Department, residents have ten (10) days to remove brush that does not conform to the requirements of this subsection. The contractors must remove brush trimmed by contractors. Should the resident or contractor fail to comply, the Facilities Maintenance and Utilities Management Department will remove the bush and may charge a fee for the service.
   
   
5. Appliances and Vehicles. The Facilities Maintenance and Utilities Management Department will collect discarded appliances from dwelling premises, which may be subject to the appropriate solid waste fees, that two (2) persons can readily lift into a truck. The Community Member shall remove or cause to be removed all other appliances, vehicles, or equipment classified as solid waste from their premises. Doors shall be removed from all appliances or secured in such a way that no one can enter.
   
   
6. Building Materials. All owners, contractors, and builders of structures shall contain all residual construction material, debris, and solid waste in metal containers or within a fenced enclosure that prohibits the scattering or windblown movement of the material. Upon completion of any structure, the contained debris and/or solid waste shall be hauled at the expense of the contractor, builder, or owner as appropriate. To minimize fire hazard to adjacent structures, the containers or fences enclosures will be located a minimum of fifty feet (50') from any existing structure or structures under construction. Failure to comply with proper containment of construction debris and/or solid waste will result in a written notification by the Environmental Department directing the responsible party to take corrective action within two (2) to ten (10) days depending on the nature of the problem, or the Facilities Maintenance and Utilities Management Department will remove the debris and may bill the responsible party.
   
   
7. By-Products. Any commercial or manufacturing establishment which by the nature of its operation creates an unusual amount of by-product refuse shall be required to dispose of its own waste as opposed to the having the Facilities Maintenance and Utilities Management Department provide the service.
   
   
8. Dangerous and Hazardous Waste. Dangerous wastes shall be placed in a proper container plainly marked "DANGER." The Facilities Maintenance and Utilities Management Department reserves the right to deny service for certain dangerous or hazardous wastes and require that the customer properly dispose of it by other means. Oil should be placed in a separate container, not inside refuse containers.
   
   
9. Cactus. All cacti shall be placed in separate sealed cardboard boxes apart from other refuse. A cardboard box-containing cactus shall be sealed and in condition to sustain the weight of the cactus when lifted. Failure to properly contain cactus will result in denial of service for collection.
   
   
10. Soil and Concrete. Waste soil, manure, concrete, masonry blocks, sod, and rocks shall be disposed by the Community Member, or the Facilities Maintenance and Utilities Management Department will remove the debris and may bill the responsible party.
    
    
11. Ownership of Solid Waste. Solid waste will remain the property and responsibility of the homeowner or Community Member until collected by the Facilities Maintenance and Utilities Management Department, tribal enterprise or private permitted haulers, wherein it becomes the property of the Fort McDowell Yavapai Nation, tribal enterprise or the private permitted haulers, respectively.
    
    
12. Abatement of Health Hazard. In addition to the other remedies provided for in this Section, if the Facilities Maintenance and Utilities Management Department Director, Environmental Department Director or their designee determines that a Community Member's solid waste is creating a health hazard, the Facilities Maintenance and Utilities Management Department may collect the customer's solid waste. Solid waste may be collected as often as necessary in an attempt to abate the health hazard. All collection may be subject to appropriate solid waste fees.

1. Solid Waste:
   
   
   1. Any landfill site on the Nation that has not been authorized to accept waste under 40 CFR Part 258 is considered to be an open dumpsite.
      
      
   2. 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 Article, at or near an open dump site within the exterior boundaries of the Nation, or on any other land within the exterior boundaries of the Nation, except as disposal may be permitted under the Article at a duly authorized and designated MSWLF as defined in 40 CFR Part 258.
      
      
   3. It is unlawful to store or accumulate solid waste in a manner that is a hazard to the public health and safety, as determined by the Environmental Department and that solid waste continues to be the stored or accumulated in such a manner for more than fifteen (15) days after receipt of written notice from the Environmental Department of the hazardous condition.
      
      
2. Prohibition of Hazardous Waste:
   
   
   1. The receiving, accepting, handling, treatment, storage, processing, dumping, or disposal of regulated hazardous waste, as defined under 40 CFR Part 261.3, anywhere within the exterior boundaries of the Nation is expressly prohibited and unlawful. Transportation of any regulated hazardous waste within the exterior boundaries of the Nation must be in full compliance with Federal law, or is otherwise unlawful.
      
      
   2. The collection, storage, transfer, transportation, and disposal off the Nation of conditionally exempt small quantity generator hazardous waste generated on the Nation, is subject to such rules and regulations as the Tribal Council may issue in compliance with Federal law. Any violation of such rules or regulations is expressly prohibited and unlawful.
      
      
   3. These prohibitions do not apply to household hazardous waste which is not regulated hazardous waste, and which may lawfully be disposed of at a MSWLF.
      
      
3. Prohibition of Burning of Solid Waste or Hazardous Waste:
   
   
   1. It is expressly prohibited, and shall be unlawful, for any person to openly burn except as authorized by Chapter 23 Article 11, Open Burning Ordinance.
      
      
4. Required Permits for the Collection and Transportation of Solid Waste and Municipal Solid Waste Landfills:
   
   
   1. All tribal departments and subordinate economic enterprises, private enterprises, or any other persons or entities are required to obtain a permit from the Environmental Department to either collect or transport solid waste.
      
      
   2. Any permittee shall be required to comply with this Article, any rule or regulation promulgated pursuant to this Article, all Tribal environmental standards and criteria, all relevant guidance documents, all permit conditions, all orders issued by the Environmental Department under authority of this Article, and all applicable Federal or Tribal laws, environmental in nature or otherwise.
      
      
   3. No permittee may collect or transport solid waste without first having obtained a solid waste collection and transportation permit from the Environmental Department.
      
      
   4. As a condition for the issuance of a solid waste collection and transportation permit, the Environmental Department shall require every vehicle operated by the transporter to carry a copy of the solid waste permit issued by the Environmental Department. Every vehicle and driver must be licensed and must comply with all applicable safety and insurance requirements.
      
      
   5. As a condition for the issuance of a solid waste collection and transportation permit, the transporter agrees to make an annual report by December 1 of each year indicating the number and type of installations emptied or cleaned, the volume and nature of the solid waste disposed of, the place and manner in which such solid waste was finally disposed, and such other information as the Environmental Department may require. A renewal may be denied by the Environmental Department for failure of the permittee to properly and timely file such annual report.
      
      
   6. Any tribal department, tribal subordinate economic enterprise, privateenterprise, person or entity may file an application with the Environmental Department for a permit to collect and transport solid waste.
      
      
   7. The permit application to transport and collect solid waste must contain the following minimum information:
      
      
      1. Name, address, and phone number of all persons owning or holding an interest in the applicant of five (5) percent or more;
         
         
      2. Name, address, and phone number of all officers, directors, or partners;
         
         
      3. A statement that no officer, director, partner or holder or an interest of five (5) percent or more, has ever been convicted of a felony, and that no felony charges are currently pending;
         
         
      4. 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 an officer, director, partner or holder of an interest of five (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 Environmental Department, Board, Administrative Body, Judge, Justice of the Peace, Magistrate or Arbitrator who levied or entered any fine, order, penalty, decree, statement, or finding.
         
         
      5. 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 Environmental Department.
         
         
      6. A description of any judgements rendered against any officer, director, partner or holder of an interest of five (5) percent or more in the applicant, for five (5) years proceeding the date of application.
         
         
      7. A description of any bankruptcy or insolvency proceedings instituted by any officer, director, partner, or holder of an interest of five (5) percent or more in the applicant, for five (5) years preceding the date of the application.
         
         
      8. Evidence of a bond, letter of credit, or other evidence of security for the adequate protection of the Tribe.
         
         
      9. Any other information reasonably requested by the Environmental Department.

1. No person, unless authorized by the owner of the solid waste, may remove, collect, or disturb solid waste in a container that is set out for the collection and recycling or disposal by the Fort McDowell Yavapai Nation, its agents, or a permittee.
   
   
2. No person, unless authorized by the Fort McDowell Yavapai Nation, may remove, collect, or disturb recyclable materials deposited for collection at any of the Community's designated recycling drop-off and collection centers.

1. If a person violates any provision of this article and as a result, the Fort McDowell Yavapai Nation arranges for or executes the lawful disposal of the solid waste or hazardous waste, that person shall be responsible to the Fort McDowell Yavapai Nation for all reasonable costs and expenses associated with the transportation and proper disposal of the solid waste.
   
   
2. If the Fort McDowell Yavapai Nation or a property owner files suit to collect their reasonable costs and expenses for disposal of the waste as provided in Subsection A of this section, the court may award a reasonable amount as attorney's fees to the prevailing party.