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SISSETON-WAHPETON

SIOUX TRIBE

CHAPTER 61

ENVIRONMENTAL PROTECTION CODE

 

61-01-01 PURPOSE
To insure that proper and meaningful consideration of environmental and ecological factors, including the cultural, spiritual and historical aspects of those factors, is made by any person, government, or corporate entity prior to approval of activities within the original boundaries of the Lake Traverse Reservation which may significantly affect Sisseton-Wahpeton Tribal homelands, or the health and welfare of the Sisseton-Wahpeton Sioux Tribe and its members.

61-02-01 DEFINITIONS

61-02-02 Activity - (1) any industrial or commercial development project, any development project involving the disturbance of more than one (1) surfaced, as determined by the Environmental Protection Advisory Committee within the original boundaries of the Lake Traverse Reservation; and (2) any development activity within the original boundaries of the Lake Traverse Reservation in an area designated environmentally sensitive, or any research project, including activities connected with oil and gas exploration.

61-02-03 Applicant - means the person requesting a permit to conduct an Activity, as defined in this Chapter, within the original boundaries of the Reservation.

61-02-04 Environmentally Sensitive Area - a part of the original Reservation considered by the Tribal Council to be so subject to environmental disturbance as to warrant special rules to govern resource development.

61-02-05 Hydrologic Balance - the mass conservative relationship considering both quality and quantity of water inflow to, water outflow from and water storage in a hydrological unit such as a watershed, aquifer, unsaturated soil zone, or lake or impoundment, considering precipitation, run off, evaporation and changes in both ground and surface water storage.

61-02-06 Injection Well - a well which is used to inject water, air, gas, steam or other materials into the ground to assist in the recovery of crude petroleum through oil-producing wells.

61-02-07 Noncompliance - any neglect, failure or refusal to do or perform an act mandated by this Chapter. The terms "noncompliance" and "violation' shall be used interchangeably within this chapter.

61-02-08 Permit Holder - the holder of a Tribal Environmental Permit issued pursuant to this Chapter.

61-02-09 Person - any individual, partnership, firm, public or private corporation, association, trust, estate, political subdivision or agency, or any other legal entity or its legal agents or assignees, including the Sisseton-Wahpeton Sioux Tribe and its agencies, departments, committees, and sub-entities.

61-02-10 Pollutant - any substance or energy entering the environment as a direct or indirect result of human activity which alters or has the potential to alter the physical, chemical, biological, cultural, spiritual or aesthetic properties of the environment.

61-02-11 Research Project - a project or study conducted to gain knowledge about resources, that is conducted within the original boundaries of the Lake Traverse Reservation.

61-02-12 Reservation - those lands within the original boundaries of the Lake Traverse Reservation.

61-02-13 Reservation Environment - the functioning system composed of all living and non-living entities and objects within the original boundaries of the Reservation together with interactions within, and the natural inputs to and outputs of that system.

61-02-14 Reservation Resources - the physical and biological resources of the Tribe within the original boundaries of the Reservation, including but not limited to land, water, air, minerals, cultural, spiritual or historical sites and objects, humans, animal and plant life and aesthetic values.

61-02-15 Tribe - the Sisseton-Wahpeton Sioux Tribe and its agencies, departments, committees and sub-entities.

61-02-16 Tribal Council - the elected governing body of the Sisseton-Wahpeton Sioux Tribe.

61-02-17 Tribal Environmental Permit (Permit) - a permit issued pursuant to this Chapter to carry out an Activity covered by this Chapter.

ADMINISTRATION
61-03-01
This Chapter shall be administered by the Sisseton-Wahpeton Sioux tribe's Environmental Protection Advisory Committee (EPAC). The EPAC shall have the authority to contract with outside firms/agencies when necessary to complete environmental assessments and environmental consequences statements or any other of its duties hereunder.

61-03-02 The primary objective of the EPAC shall be to develop, with the Office of Environmental Protection, a plan of action approved by the Tribal Council that addresses the environmental and natural resource needs of the Lake Traverse Reservation. This effort will be coordinated with the tribe's Natural Resources Commission and Reservation Planning Commission and their respective staffs.

61-03-03 The EPAC shall advise the Reservation Planning Commission and the Tribal Council in all matters pertaining to environmental and natural resources policies; the latter in cooperation with the tribe's Natural Resources Commission.

61-03-04 The EPAC shall advise the public, appropriate Tribal Committees and commissions relative to codes, ordinances and amendments to the tribe's judicial codes that will protect, conserve, manage and regulate the reservation's environmental and natural resources.

61-03-05 In collaboration with the tribe's Natural Resources Commission, Reservation Planning Commission and their respective staffs, the EPAC shall develop a plan of action that addresses the environmental and natural resources needs of the Lake Traverse Reservation.

61-03-06 The EPAC shall, in collaboration with the Natural Resources Commission, conduct community education and information sessions on environmental and natural resource issues. Its members shall also solicit district and individual concerns, opinions and priorities to these issues.

61-04-01 REGULATIONS
The EPAC shall establish regulations for the administration and enforcement of this Chapter which shall be posted in one or more public places within the original boundaries of the Lake Traverse Reservation. Such regulations shall provide for a process for approval of proposed Activities.

61-05-01 EFFECTIVE DATE
This Chapter is effective- on the date of approval by the Tribal Council.

61-06-01 ACTIVITIES
This Chapter shall be applicable to any person proposing or conducting Activities within the original boundaries of the Lake Traverse Reservation.

61-06-02 Every person seeking to conduct an Activity under this Chapter shall obtain a Tribal Environmental Permit from the Tribe.

61-07-01 INITIAL ENVIRONMENTAL DETERMINATION
Every proponent of an Activity upon the original Reservation appearing before the EPAC to obtain a Tribal Environmental Permit shall include in the presentation of the proposal a detailed description of the potential environmental consequences of the Activity, and state whether the Activity may have a significant environmental impact. If the EPAC determines that the proposed Activity may have a significant environmental impact, it shall prepare a written Environmental Impact Statement ("EIS") in accordance with Section 61-10 et seg. herein.

If the EPAC determines that the proposed Activity will not have a significant environmental impact, or if the proposed Activity falls into a category of activities generally considered not to have significant environmental impacts, the EPAC need not prepare an EIS, but must set forth a process by regulation for the issuance of permits in such instances.

61-08-01 SIGNIFICANT ENVIRONMENTAL IMPACT
An Activity may be deemed by the EPAC to have a significant environmental impact if any of the following conditions exist:

(a) The proposed Activity may significantly affect the pattern and type of land use (industrial, commercial, agricultural, recreational, residential) or growth and/or distribution of population within the original boundaries of the Reservation;

(b) The effects resulting from any structure or facility constructed or operated under the proposed Activity may conflict with Tribal, local, regional, or State land use plans or policies;

(c) The proposed Activity may significantly affect wetlands, including indirect and cumulative effects, or any major part of a structure or facility constructed or operated under the proposed action may be located in wetlands;

(d) The proposed Activity may significantly affect threatened and endangered species or their habitats identified in the Department of Interior's list, in accordance with 40 C.F.R. 6.302, or the tribe's list, or the States of South or North Dakotas' lists, or a structure or a facility constructed or operated under the proposed Activity may be located in the habitat;

(e) Implementation of the proposed Activity or Development Plan may directly cause or induce changes that significantly:

(1) displace population;
(2) adversely affect the character of existing residential areas;
(3) adversely affect a floodplain; or
(4) adversely affect significant amounts of important farmlands as defined in requirements in 40 C.F.R. 6.302(c), or agricultural operations on this land.

(f) The proposed Activity may, directly, indirectly or cumulatively have significant adverse effect on parklands, preserves, or other public lands or areas of recognized scenic, recreational, archaeological, cultural, spiritual or historic value; or

(g) The proposed Activity may, directly or through induced development, have a significant adverse effect upon local ambient air quality, local ambient noise levels, surface water or groundwater quality or quantity, water supply, fish, shellfish, wildlife, and their natural habitats.

61-09-01 FINAL DECISION

A determination by the EPAC that a proposed Activity may have a significant environmental impact shall be final, and no appeal from that determination may be had.

61-10-01 ENVIRONMENTAL IMPACT STATEMENT
In the event of a determination by the EPAC that a proposed Activity may have a significant environmental impact, a written statement shall be prepared by the EPAC for review at least sixty (60) days prior to the EPAC meeting at which final approval of the proposed Activity is sought. Such statement shall be called an "Environmental Impact Statement" (EIS).

61-11-01 INVENTORY DATA
The EIS shall include the following inventory data as may be deemed pertinent by the EPAC:

(a) A detailed baseline inventory of all habitat plant and animal life, wetlands, riparian, lakes and other water resources, climatic conditions, cultural, spiritual and/or historical sites and rangeland observed in the area to be affected by the proposed Activity.

(b) A detailed inventory of all surface and ground water resources potentially affected by the Activity inclusive of water quality and baseline physical, chemical, radiological and biological water quality. Water quantity shall be determined by hydrologic balance relying upon but not necessarily limited to: measurement of water levels in selected wells, lakes and impoundment's; measurements of volumetric water flows in water courses by physical measurements or by indirect computation considering channel slope, roughness, width and depth; annual precipitation and evaporation; and ground water recharge and discharge. Baseline water quality shall be based on results of physical, chemical, radiological and biological analyses of potentially affected water resources and indicators of surface runoff that results in soil erosion and sediment transport.

(c) A discussion of the air quality in the area potentially affected by the proposed Activity, including but not limited to background radiation study in selected areas and a suspended particulate matter evaluation.

(d) A discussion of the soil properties in the area potentially affected by the proposed Activity, including but not limited to: soil classification characteristics; suitability for roads, cuts and fills; pipeline cover frost protection; background radiation in soils; topography and vegetation cover; slopes; porosity; permeability and capillarity, texture, density, moisture field capacity, and subsurface stratification.

(e) An assessment of the cultural and/or spiritual properties and uses of the area potentially affected by the proposed Activity, including but not limited to:

1. inventory of historic, spiritual and archaeological sites.
2. inventory of unique physical features and scenic features.
3. number of people living and working with the area.
4. Inventory of the present land use within the area.

61-12-01 OTHER DATA
The Environmental Impact Statement shall include considerations as to how the proposed Activity will beneficially or detrimentally affect the area potentially affected by the proposed Activity. Additionally, the EIS shall address the beneficial and detrimental impacts of the proposed Activity upon the following, if applicable:

(a) Socioeconomic and political impacts on individuals who are part of potentially affected communities and impacts on the mental health of the Sisseton-Wahpeton Sioux Tribe both present and future.

(b) Resources of the area potentially affected by the Proposed Activity, including but not limited to: short and long term depletion; possibility of recovery, recycling or restoration; and effects upon regional resource development, especially with regard to the Sisseton-Wahpeton Sioux Tribe.

(c) All information provided to the Sisseton-Wahpeton Sioux Tribe Reservation Planning Commission shall also be available to the EPAC.

61-13-01 SPECIAL CONSIDERATIONS
If applicable, specific consideration shall be included in the EIS regarding possible detrimental impacts on the three (3) areas contained in subsection 61-12-01 because of the following:

(a) Hazardous material used in construction and/or operation of the proposed Activity.
(b) Airborne emissions and discharges of liquid from the site both in the construction and operational phase of the proposed Activity.
(c) Solid waste disposal, both in the construction and operational phases of the proposed Activity.
(d) Noise emission, both in the construction and operational phases of the proposed Activity.
(e) Any other controlled or uncontrolled emission or discharges both in the construction and operational phases of the proposed Activity.

61-14-01 CONSIDERATION OF ALTERNATIVES
The Environmental Impact Statement shall include a discussion of potential feasible alternatives, including a no-action alternative, to the proposed activity, and including both the short and long-term benefits and detriments of each alternative, and adverse environmental and/or ecological impacts which can not be avoided, and any irreversible and irretrievable commitments of resources.

61-15-01 ADDITIONAL INFORMATION
The EPAC may request additional information of the type contained in Section 61-11 from the proponent of the proposed Activity when deemed necessary for determining the environmental impact of the proposed Activity.

61-16-01 TRIBAL ENVIRONMENTAL PERMIT
After a determination by the EPAC that no significant environmental impact will occur, or after a determination that the proposed Activity falls into a category of activities generally not considered to have significant environmental impacts, or upon the completion of an EIS by the EPAC, the proponent of an Activity shall formally request the issuance of a Tribal Environmental Permit ("Permit"), which, if granted, would allow the proponent of the Activity to go forward with the Activity. The EPAC shall examine the EIS, consider the application in its entirety, and issue a Permit only if the proponent of the activity abides by the recommended alternative(s) in the EIS.

61-16-02 The conditions of any such Permit granted by the EPAC shall be stated in writing on the Permit and provided to the proponent of the Activity and made available to the public upon request.

61-17-01 FEE STRUCTURE
The EPAC shall establish, by regulation, a reasonable fee structure for the issuance of Tribal Environmental Permits, based factors including,but not limited to, whether an EIS is conducted, and the complexity of the EIS.

61-18-01 COMPLIANCE AND ENFORCEMENT PROCEDURES
This Chapter shall be enforced by the Sisseton-Wahpeton Sioux Tribe and the EPAC, with the assistance of Tribal law enforcement officials when deemed necessary by the EPAC. The EPAC shall have the authority to bring actions in the Sisseton-Wahpeton Sioux Tribal Court when necessary to enforce its actions. Such actions against the Sisseton-Wahpeton Sioux Tribe or its agencies, departments; committees, or other sub-entities shall be limited to the issuance of declaratory and/or injunctive relief.

61-18-02 NONCOMPLIANCE
Any person who fails to comply with any provision of this Chapter shall be subject to penalties as well as any other actions set forth herein. In the event of noncompliance, the EPAC shall serve the alleged violator, in person or by certified mail, with a notice of non compliance. The notice of noncompliance shall state which provisions of this Chapter are allegedly not being complied with. The notice of noncompliance shall further specify the action which must be taken to correct such noncompliance, as well as the Chapter provisions or regulations mandating that such action shall be taken.

61-18-03 PERMIT DURATION, MODIFICATION, REVOCATION AND REISSUANCE
No Permit issued by the EPAC shall have a term of more than five (5)years. Any Permit issued by the EPAC may, after an opportunity for a hearing, be modified, suspended, or revoked, in whole or in part, for cause, including but not limited to:

(a) violation of any terms or conditions of the Permit or this Chapter;

(b) misrepresentation or failure to disclose fully all relevant facts (as determined by the EPAC);

(c) A change in any condition that requires either a temporary or permanent modification or recision of the Permit.

Whenever, on the basis of any information available to it, the EPAC finds that there is cause for modifying, suspending, or revoking a Permit, in whole or in part, the EPAC shall notify the permittee by certified mail or personal service of its intention to modify, suspend, or revoke the Permit, in whole or in part. Such notice shall specify the information upon which the EPAC relies, and, if the EPAC intends to modify the Permit, shall explain the modifications which the EPAC intends to make in the Permit. Such notice shall be both published and posted in one or more public places in a timely manner. The EPAC shall hold a public hearing on a proposed Permit modification, suspension, or revocation.

61-I8-04 ORDER TO CEASE ACTIVITY
In the event of noncompliance with any notice of noncompliance, the EPAC may order the cessation of such Activity without additional notice to the alleged violator if the noncompliance is not cured within five (5) days of the hearing held pursuant to Section 61-18-03 of this Chapter. The alleged violator shall be served with a statement of the reasons) for the cessation order, and the actions the alleged violator must take before the order will be lifted. A copy of this cessation order and a statement of reasons) for the order shall be promptly delivered to the Chairperson of the Sisseton-Wahpeton Sioux Tribe.

61-18-05 REMEDIES
In the event an alleged violator fails to take action in accordance with a cessation order served pursuant to this Chapter the EPAC may pursue one or more of the following remedies:

(a) continue its cessation order; or

(b impound vehicles and equipment after written notice to the alleged violator; or

(c) request the Secretary of the Interior to serve notices of intent to cancel any relevant lease pursuant to 25 C.F.R.  162.14 for using the leased premises for unlawful conduct or for an unlawful purpose, specifying the basis for the notice; and

(d) assess penalties as set forth in Section 61-18-06 herein; and take any other action deemed appropriate, so long as the rights of due process guaranteed by the Indian Civil Rights Act, 25 U.S.C.1301 et seq., and the Constitution of the Sisseton-Wahpeton Sioux Tribe, Article IX are upheld.

61-18-06 CIVIL PENALTIES
Any person found violating this Chapter shall be subject to civil penalties by the EPAC of up to five thousand dollars ($5,000.00) per day for each day of such violation or continued violation of an order to cease Activity. The EPAC shall personally, or via certified United States mail, first class, serve the alleged violator with notice of the penalty. The penalty shall be due and payable to the EPAC within -twenty (20) days of such notice. Failure to pay any penalties imposed shall be considered an additional violation of this Chapter.

61-19-01 APPEALS
Except as provided in Section 61-09-01 of this Chapter, any person aggrieved by any action taken by the EPAC may appeal to the Tribal Court in accordance with the Rules of Procedure for that Court.

The filing of an appeal shall not stay any order to cease an Activity, impound vehicles or equipment or both and/or restrict access to the site of any operation, or pay penalties unless a stay is granted by the Tribal Court.

The Tribal Court may reverse a decision of the Tribal Council only if the appealing party can show by clear and convincing evidence that the Tribal Council abused its discretion in the decision making process, or acted arbitrarily or capriciously.

61-20-01 SOVEREIGN IMMUNITY
The Sisseton-Wahpeton Sioux Tribe hereby waives its sovereign immunity from suit for the express and limited purpose of enforcing this Chapter 61 of the Sisseton-Wahpeton Sioux Tribe Codes of Law. This waiver of sovereign immunity is expressly limited to the enforcement procedures contained in this Chapter only, which are exclusively as follows:

(a) administrative enforcement by the EPAC through:

(1) Permit suspension, revocation, or modification;
(2) the issuance of cessation orders,
(3) impoundment of equipment and vehicles;
(4) recommendation of lease cancellation; and
(5) civil penalties; and

(b) judicial enforcement by the EPAC through the issuance of declaratory and injunctive relief in the Sisseton-Wahpeton Sioux Tribal Court.

No other relief shall be available under this express and limited waiver of sovereign immunity. This waiver shall not extend to enforcement of this Chapter 61 in any forum other than the Sisseton-Wahpeton Sioux Tribal Court nor for any purpose other than the specific enforcement procedures cited in this Section. The limited waiver of sovereign immunity contained in this Section 61-20-01 shall extend to the agencies, departments, committees, and other sub-entities of the Sisseton-Wahpeton Sioux Tribe.

61-21-01 SEVERABILTIY
If any clause, sentence, paragraph, Section, or part of this Code shall, for any reason, be adjudicated by any court of competent jurisdiction, to be invalid or unconstitutional, such judgement shall- not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, Section or part thereof directly involved in the controversy in which the judgment shall have been rendered.

61-22-01 CONSTRUCTION
This Chapter shall be interpreted and applied consistent with all other Codes, Taws, Ordinances, and Regulations of the Sisseton-Wahpeton Sioux Tribe.

61-23-01 AMENDMENTS
This Chapter may be amended only upon an affirmative vote of two thirds of the Tribal Council.

 


 

SISSETON-WAHPETON
SIOUX TRIBE

CHAPTER 61B

SANITARY SEWER SYSTEMS

 

61B-01-01 An ordinance establishing rules and regulations for the operation and the use of public and private sewers and drains, private sewage disposal, the installation and connection of waters and wastes into the public sewer system: an providing penalties for violation thereof: within the boundaries of the Lake Traverse Reservation.

61B-02-01 RULES AND REGULATIONS
The following rules and regulations are hereby adopted to govern the sewer services furnished by the Sisseton-Wahpeton Sioux Tribe in a uniform manner for the benefit of the Sisseton-Wahpeton Sioux Tribe and its sewer users. They are subject to change from time to time. All such changes must be approved by the Sisseton-Wahpeton Tribal Council. If any portion of these rules shall be declared invalid by competent authority, such violation shall not affect the validity of the remaining portions.

61B-03-01 DEFINITIONS
Unless the context specifically indicates otherwise, the meaning of terms used in this code shall be as follows:

61B-03-02 APPLICANT - shall mean any individual, firm, partnership, corporation or other agency owning land within the boundaries of the Sisseton-Wahpeton Sioux Tribe applying for a sewer service.

61B-03-03 B.O.D. - Biochemical Oxygen Demand shall mean the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five (5) days at 20 degrees C, expressed in milligrams per liter.

61B-03-04 Building Drain - shall mean the part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste, and other drainage pipes inside the walls of the building and conveys it to the building sewer, beginning five (5) feet outside the inner face of the building wall.

61B-03-05 Building Sewer - shall mean the extension from the building drain to the public sewer or other place of disposal.

61B-03-06 Cesspool - shall mean a pit for the reception or detention of sewage.

61B-03-07 Combined Sewer - shall mean a sewer receiving both surface runoff and sewage.

61B-03-08 Commercial and Industrial Wastes - shall mean the water carried wastes from commercial and industrial establishments as distinct from sanitary sewage, such establishments including, but not limited to, business buildings and institutions, as well as processing and food service establishments.

61B-03-09 Drain - shall mean a sewer or other pipe or conduit used from conveying ground, surface, or storm water.

61B-03-10 Garbage - shall mean solid wastes from the domestic and commercial preparation, cooking, and dispensing of food, and from the handling, storage, and sale of produce.

618-03-11 Inspector - shall mean the person or persons duly authorized by the Sisseton-Wahpeton Sioux Tribal Council.

618-03-12 Natural Outlet - shall mean any outlet into a watercourse, pond, ditch, lake, or other body of surface or ground water.

61B-03-13 Normal Sewage - shall mean sewage which contains not over 400 parts per million of suspended solids and not over 300 parts per million of B.O.D. by weight, and which does not contain any of the materials of substances listed in section 61B-30-01 through 61B-31-01 of this code in excess of allowable amounts specified in said section.

61B-03-14 Person - shall mean any individual, firm, company, association, society, corporation, or group.

61B-03-15 pH - shall mean the logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution.

61H-03-16 Potable Water - shall mean water which is sage for drinking or other sanitary purposes and is also suitable for domestic use.

61B-03-17 Properly Shredded Garbage - shall mean the wastes from the preparation, cooking, and dispensing of foods that have been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than one-half inch in any dimension.

618-03-18 Public Sewer - shall mean a sewer in which all owners of abutting properties have equal rights, and is controlled by public authority.

61B-03-19 Receiving Stream - shall mean any natural watercourse into which sewage is discharged.

61B-03-20 Roof Drain - shall mean a conduit for conveying the storm or rain from a roof.

61H-03-21 Sanitary or Domestic Sewage - shall mean sewage from building used for human habitation or occupancy.

61B-03-22 Sanitary Sewer - shall mean a sewer which carries sewage and to which storm, surface, and ground waters are not intentionally admitted.

61B-03-23 Sanitary Sewerage System - shall mean the network of sewers, together with sewage lift stations, and all appurtenances necessary for the collection of sewage, to include treatment works.

61B-03-24 Septic Tank - shall mean a tank through which sewage flows and which permits solids in the sewage to settle in order that portions of such solids may be disintegrated by biological action.

61B-03-25 Sewage - shall mean a combination of the water-carried wastes from residences, business buildings, institutions, and industrial establishments, together with such ground, surface, and storm waters as may be present.

61B-03-26 Sewage Treatment Plant - shall mean any arrangement of devices and structures used for treating sewage.

618-03-27 Sewage Works - shall mean all facilities for collecting, pumping, treating, and disposing of sewage.

61B-03-28 Sewer - shall mean a pipe or conduit for carrying sewage.

61B-03-29 Sewer Service Lateral - shall mean the conduit of pipe from the sewer line to the building served.

61B-03-30 Shall - shall mean a pipe or conduit for carrying sewage.

61B-03-31 Slug - shall mean any discharge of water, sewage, or industrial waste which in concentration of any given constituent or in quantity of flow exceeds for any period of duration longer than fifteen (15) minutes more than five (5) times the average twenty-four (24) hour concentration or flows during normal operation.

61B-03-32 Standard Laboratory Methods - shall mean methods of analysis and testing as outlined in the latest edition of "Standard Method for the Examination of Water and Sewage", published jointly by the American Public Health Association, and the Water Pollution Control Federation.

61B-03-33 Sisseton-Wahpeton Tribal Council - shall mean the Governing Body of the Sisseton-Wahpeton Sioux Tribe.

61H-03-34 Storm Drain - (sometimes termed "Storm Sewer") shall mean a sewer which carries storm and surface waters and drainage, but excludes sewage and industrial wastes, other than unpolluted cooling water.

618-03-35 Storm Water - shall mean that portion of the rainfall or other precipitation which runs off over the surface during a storm and for such a short period following a storm as the flow exceeds the normal or ordinary runoff.

61B-03-36 Suspended Solids - shall mean solids that either float on the surface of, or are in suspension in water, sewage, or other liquids, and which are removable by laboratory filtering.

61B-03-37 Watercourse - shall mean a channel in which a flow -of water occurs, either continuously or intermittently.

61B-04-01 It shall be unlawful for any person to place, deposit, or permit to be deposited in any unsanitary manner on public or private property within the boundaries of the Sisseton-Wahpeton Sioux Tribe, or in area under the jurisdiction of said Tribe any human or animal excrement, garbage, or other objectionable waste.

61B-05-01 It shall be unlawful to discharge to any natural outlet within the boundaries of the Sisseton-Wahpeton Sioux Tribe, or in any are under the jurisdiction of said tribe, any sewage or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of the ordinance.

61B-06-01 Except as hereinafter provided, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool, or other facility intended or used for the disposal of sewage.

61B-07-01 The owner of all houses, buildings, or properties used for human occupancy, employment, recreation or other purposes, situated within the boundaries of the Sisseton-Wahpeton Sioux Tribe, or right of way in which there is now located or may in the future be located a public sanitary or combined sewer of the tribe, is hereby required at his expense to install suitable toilet facilities herein, and to connect such facilities directly with the proper public sewer in accordance with the provisions of this ordinance, within ninety (90) days after date of official notice to do so, provided that said public sewer is within one hundred (100) feet of the property line..

618-08-01 Where a public sanitary or combined sewer is not available under the provision of section 61B-07-01, the building sewer shall be connected to a private sewage disposal system complying with the provisions of this section.

61B-09-01 Before commencement of construction of a private sewage disposal system the owner shall first obtain a written permit signed by the inspector. The application for such permit shall be made on a form furnished by the tribe, which the applicant shall supplement by any plans, specifications, and other information as are deemed necessary by the inspector. A permit and inspection fee of ten dollars ($10.00) shall be paid to the tribe at the time the application is filed.

61B-10-01 A permit for a private sewage disposal system shall not become effective until the installation is completed to the satisfaction of the inspector. He shall be allowed to inspect the work at any stage of construction and, in any event, the applicant for the permit shall notify the inspector when the work is ready for final inspection, and before any underground portions are covered. The inspection shall be made within four (4) hours of the receipt of notice by the inspector if received in the forenoon and within eighteen (18) hours of receipt of notice if received in the afternoon.

61B-11-01 The type, capacities, location, and layout of a private sewage disposal system shall comply with all recommendations of the Department of Public Health of the State of South Dakota. No permit shall be issued for any private sewage disposal system employing subsurface soil absorption facilities where they are of the lot is less than 15,000 square feet. No septic tank or cesspool shall be permitted to discharge to any natural outlet.

61B-12-01 At such time as a public sewer becomes available to a property served by private sewage disposal system, as provided in section 61B-11-01, a direct connection shall be made to the public sewer in compliance with this ordinance, and any septic tanks, cesspools, and similar private sewage disposal facilities shall be abandoned and filled with suitable material.

 

61B-13-01 The owner shall operate and maintain the private sewage disposal facilities in a sanitary manner at all times, at no expense to the tribe.

61B-14-01 No statement contained in this section shall be construed to interfere with any additional requirements that may be imposed by the health officer of the Sisseton-Wahpeton Sioux Tribe.

61B-15-01 When a public sewer becomes available, the building sewer shall be connected to said sewer within sixty (60) days and the private sewage disposal system shall be cleaned of sludge and filled with clean bank-run gravel or dirt.

61B-16-01 No unauthorized person shall uncover, make any connections with or opening into, use, alter, or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the inspector.

61B-17-01 There shall be two (2) classes of building sewer permits: (a) for residential and commercial service, and (b) for service to establishments producing industrial wastes. In either case, the owner or his agent shall make application on a special form furnished by the tribe. This application shall show the name and address of the owner, name of the person to whom permit is issued, number of permit, location of property, type of building to be served (whether residence or business), number of rooms an sized of sewer to be connected. The application shall be signed by the owner or his authorized representative. The permit application shall be supplemented by a plan, specification, or other information considered pertinent in the judgment of the inspector. A permit inspection fee of ten dollars ($10.00) for an industrial building sewer permit shall be paid to the tribe at the time the application is filed. The application shall be retained by the tribal clerk's office as a permanent record of each connection to the sewerage system.

61B-18-01 Upon the issuance of written permit to such applicant, such applicant shall have the right to connect with the tribe's sanitary sewerage system provided, however, that all work shall be done only by a duly qualified an licensed plumber. All costs and expense incident to the installation and connection of the building sewer shall be borne by the owner. The owner shall indemnify the tribe from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer. In addition to the permit fee, the tribe will require a one year street repair maintenance bond to cover that portion of the sewer service laterals that lie within public street right-of-way. The bond is to be provided by the plumber who installs the sewer service lateral. This bond requirement applies only to sewer service laterals that are installed after the completion of the sanitary sewerage system.

61B-19-01 Old building sewers may be used in connection with new buildings only when they are found, on examination and tested by the inspector, to meet all requirements of this ordinance.

61B-20-01 The size, slope, alignment, materials or construction of a building sewer, and the methods to be used in excavation, placing of the pipe, jointing, testing, and backfiring the trench, shall all conform to the requirements of the building and plumbing code or other applicable rules and regulations of the tribe. In the absence of code provisions or in amplifications thereof, the materials and procedures set forth in appropriate specification of the A.S.T.M. and W.P.C.F. Manual or Practice No. 9 shall apply.

61B-21-01 Whenever possible, the building sewer shall be brought to the building at an elevation below the basement floor. In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such building drain shall be lifted by an approved means and discharged to the building sewer.

61B-22-01 No person shall make connection of roof down spouts, exterior foundation drains, areaway drains, or other sources of surface runoff or ground water to a building sewer or building drain which in turn is connected directly or indirectly to a public sanitary sewer.

61B-23-01 The connection of the building sewer into the public sewer shall conform the requirements of the building and plumbing code or other applicable rules and regulations of the Tribe or the procedures set forth in appropriate specifications of the A.S.T.M. And the W.P.C.F. Manual of Practice No. 9. All such connections shall be made gastight and watertight. Any deviation from the prescribed procedures and materials must be approved by the inspector before installation.

61B-24-01 The applicant for the building sewer permit shall notify the inspector when the building sewer is ready for inspection and connection to the public sewer one (1) day in advance of the time and place where the connection will be made. The connection shall be made under the supervision of the inspector or his representative.

61B-25-01 It shall be unlawful to place any pipe or conduit which carries or is intended to carry sewage in the same trench or ditch with a pipe or conduit which carries, or is intended to carry, a potable water supply. In every case where a water sewer line are parallel, the water line shall be at least ten (10) feet horizontally from and at a higher elevation than the sewer line. Where it is not possible to meet the above conditions, or where for any reason unusual circumstances present a potential or actual hazard to a potable water supply, the water and sewerage supervisor must be notified in writing and plans submitted showing the precautions which are to be taken to minimize the hazard to the potable water supply. In no case shall the work proceed until the plans for protecting the water supply have been approved in writing by the Tribes Department of Natural Resources.

61B-26-01 All excavations for building sewer installations shall be adequately guarded with barricades and lights so as to protect the public from hazards. Streets, sidewalks, parkways, and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the Tribe.

618-27-01 No person shall discharge or cause to be discharged any storm water, surface water, ground water, road runoff, subsurface drainage, including interior and exterior foundation drains, uncontaminated cooling water, or unpolluted industrial process waters to any sanitary sewer.

61B-28-01 Storm water and all other unpolluted drainage shall be discharged to such sewers as are specifically designated as combined sewers or storm sewers, or to a natural outlet approved by the inspector. Industrial cooling water or unpolluted process waters may be discharged, on approval of the inspector, to a storm sewer, combined sewer, or natural outlet.

618-29-01 Where any unlawful connection as defined in the above sections of this ordinance is known to exist, such connections shall be deemed a public nuisance and such unlawful connections shall be broken and their use discontinued within ten (10) days after date of notification to break such connection as provided in section 61B-43-01 of this ordinance.

618-30-01 No person shall discharge or cause to be discharged any of the following described waters or wastes to any public sewers.

61B-30-02 Any gasoline, benzene, naphtha, fuel oil, or other flammable or explosive liquid, solid, or gas.

61B-30-03 Any waters or wastes containing toxic or poisonous solids, liquids, or gases in sufficient quantity, either singly or by interaction with other wastes, to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals, create a public nuisance, or create any hazard in the receiving waters of the sewage treatment plant, including but not limited to cyanide in excess of two (2) mg/1 and CN in the wastes as discharged to the public sewer.

61B-30-04 Any waters or wastes having (1) a 5-day B.O.D. greater than 300 parts per million by weight, or (2) containing more than 350 parts per million by weight of suspended solids, or (3) having an average daily flow greater that 2 percent of the average sewage flow of the city, shall be subject to the review of the superintendent. Where necessary in the opinion of the superintendent, the owner shall provide, at his expense, such preliminary treatment as may be necessary to (1) reduce the B . O . D . to 3 00 parts per million by weight, or (2) reduce the suspended solids to 350 parts per million by weight, or (3) control the quantities and rates of discharge of such waters or wastes. Plans, specifications, and any other pertinent information relating to proposed preliminary treatment facilities shall be submitted for approval of the superintendent and no construction of such facilities shall be commenced until said approvals are obtained in writing.

61B-30-05 Solid or viscous substances in quantities or of such size capable of causing obstruction to the flow in sewers, or other interference with the proper operation of the sewage works such as, but not limited to ashes, cinder, sand, mud, straw, shaving, metal, glass, rags, feathers, tar, plastics, wood, ungrounded garbage, whole blood, paunch manure, hair and fleshing, entrails and paper dishes, cups, milk containers, etc. either whole or ground by garbage grinders

61B-31-01 No person shall discharge or cause to be discharged the following described substances, materials, waters or wasted if it appears likely in the opinion of the inspector that such wastes can harm either the sewers, sewage treatment process, or equipment, have an adverse effect on the recovering stream, or can otherwise endanger life, limb, public property, or constitute a nuisance. In forming his opinion as to the acceptability of these wastes, the inspector will give consideration to such factors as the quantities of subject wastes in relation to flows and velocities in the sewers, materials of construction of the sewers, nature of the sewage treatment process, capacity of the sewage treatment plant, degree of treatability of wastes in the sewage treatment plant, and other pertinent factors. The substances prohibited are:

1. Any liquid or vapors having a temperature higher than one hundred fifty (150) degrees F.

2. Any water or waste containing fats, wax, grease, or oils, whether emulsified or not, in excess of one hundred (100) mg/1 or containing substances which may solidify or become viscous at temperatures between thirty two (32) and one hundred fifty (150) degrees F.

3. Any garbage that has not been properly shredded. The installation and operation of any garbage finder equipped with a motor of three-fourths (3/4) horsepower or greater shall be subject to the review and approval of the inspector.

4. Any waters or wastes containing strong acid iron pickling wastes, or concentrated plating solutions whether neutralized or not.

5. Any waters or wastes containing iron, chromium, copper, zinc, and similar objectionable or toxic substances; or wastes exerting an excessive chlorine requirement, to such degree that any such material received in the composite sewage at the sewage treatment works exceeds the limits established by the inspector for such materials.

6. Any waters or wastes containing phenols or other taste or odor producing substances, in such concentrations exceeding limits which may be established by the inspector as necessary, after treatment of the composite sewage, to meet the requirements of the state, federal, or other public agencies of jurisdiction for such discharge to the receiving waters.

7. Any radioactive wastes are isotopes of such half-life or concentration as may exceed limits established by the inspector in compliance with applicable state or federal regulations.

8. Any waters or wastes having a pH in excess of 9.5 or less that 6.0.

9. Materials which exert or cause:

a. Unusual concentrations of inert suspended solids (such as but not limited to, Fullers earth, lime slurries, and lime residues) or of dissolved solids (such as, but not limited to, sodium chloride and sodium sulfate).

b. Excessive discoloration (such as, but not limited to, dye wastes and vegetable tanning solutions).

c. Unusual B.O.D., chemical oxygen demand, or chloride requirements in such quantities as to constitute a significant load on the sewage treatment works.

d. Unusual volume of flow or concentration of wastes constituting "slugs" as defined herein.

10. Waters of wastes containing substances which are not amenable to treatment or reduction by the sewage treatment processes employed, or are amenable to treatment only to such degree that the sewage treatment plant effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving waters.

61B-32-01 If any waters or sates or discharged, or are proposed to be discharged to the public sewers, which waters contain the substances or possess the characteristics enumerated in section 61B-30-01 and 61B-31-01 of this ordinance, and which in the judgement of the inspector, may have a deleterious effect upon the sewage works, processes, equipment, or receiving waters, or which otherwise create a hazard to life or constitute a public nuisance, the inspector may:

1. Reject the wastes,

2. Require pretreatment to an acceptable condition for discharge to the public sewers,

3. Require control over the quantities and rates of discharge, and/or,

4. Require payment to cover the added cost of handling and treating the wastes not covered by existing taxes or sewer charges under the provisions of section 61B-39-01

618-32-02 If the inspector permits the pretreatment or equalization of waste flows, the design and installation of the inspector, and subject to the requirements of all applicable codes, ordinances and laws.

61B-33-01 Grease oil, and sand interceptors shall be provided when, in the opinion of the inspector, they are necessary for the proper handling of liquid wastes, containing grease in excessive amounts, or any flammable wastes, sand or other harmful ingredients; except that such interceptors shall not be required for private living quarters or dwelling units.. All interceptors shall be of a type and capacity approved by the inspector, and shall be located as to be readily and easily accessible for cleaning and inspection.


 

SISSETON-WAHPETON
SIOUX TRIBE

CHAPTER 61C

USER CHARGE ORDINANCE

An ordinance establishing a user charge system in the Sisseton-Wahpeton Sioux Tribe of the Lake Traverse Reservation. South Dakota, to provide funds needed to pay for operation and maintenance expenses associated with the Sisseton-Wahpeton Sioux Tribe wastewater treatment works. The Sisseton-Wahpeton Sioux Tribe is herein defined as being the area within original boundaries of the Lake Traverse Reservation that is or can be served by the sanitary sewer facility.

WHEREAS, the Tribal Council has constructed wastewater works; and,

WHEREAS, the Tribal Council must pay the operation and maintenance expenses associated with said treatment works and charge the users of said treatment works accordingly.

NOW, THEREFORE, BE IT ORDAINED BY THE, Tribal Council of the Sisseton-Wahpeton Sioux Tribe that the following user charge system be established.

61C-01-01 It is determined and declared to be necessary and conducive to the protection of the public health, safety, welfare and convenience of the Sisseton-Wahpeton Sioux Tribe to collect charges from all users who contribute wastewater to the Tribal Council treatment works. The proceeds of such charges so derived will be used for the purpose of operating and maintaining the public wastewater treatment works.

61C-02-01 DEFINITIONS
Unless the context specifically indicates, the meaning of terms used in this ordinance shall be as follows:

61C-02-02 B.O.D. - (denoting Biochemical Oxygen Demand) shall mean the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five (5) days at 20 degrees C. expressed in milligrams per liter (mg/1).

61C-02-03 Normal Domestic Wastewater - shall mean wastewater that has a BOD concentration of not more than 200 mg/1 and a suspended solids concentration of not more than 240 mg/1.

61C-02-04 Operation and Maintenance - shall mean all expenditures during the useful life of the treatment works for materials, labor utilities, and other items which are necessary for managing and maintaining the sewage works to achieve the capacity and performance for which such works were designed and constructed.

61C-02-05 Replacement - shall mean expenditures for obtaining and installing equipment, accessories, or appurtenances which are necessary during the useful life of the treatment works to maintain the capacity and performance for which such works were designed an constructed. The term "operation and maintenance" includes replacement.

61C-02-06 Residential Contributor - shall mean any contributor to the Sisseton-Wahpeton treatment works who [lot parcel of real estate or building is used for domestic dwelling purposes only].

61C-02-07 Shall - is mandatory; "May" is permissive.

61C-02-08 SS - (denoting Suspended Solids) shall mean solids that either float on the surface of or are in suspension in water, sewage, or other liquids and which are removable by laboratory filtering.

61C-02-09 Treatment Works - shall mean any devices and systems for the storage, treatment, recycling, and reclamation of municipal sewage, domestic sewage, or liquid industrial wastes. These include intercepting sewers, outfall sewers, sewage collection systems individual systems, pumping, power and other equipment and the appurtenances; extensions improvement, remodeling, and additions and alterations thereof; elements essential to provide a reliable recycled supply such as standing treatment units and clear well facilities; and any works including sit acquisition of the land that will be an integral pare of the treatment process or is used for ultimate disposal of residues resulting from such treatment (including land for composting sludge, temporary storage of such compost, and land used for the storage of treated wastewater in land treatment systems before land application); or any other method or system for preventing, abating, reducing, storing, treating, separating, or disposing of municipal waste or industrial waste, including waste in combined storm water and sanitary sewer systems.

61C-02-10 Useful Life - shall mean the estimated period during which a treatment works will be operated.

61C-02-11 User Charge - shall mean the portion of the total wastewater service charge which is levied in a proportional and adequate manner for the cost of operation, maintenance, and replacement of the wastewater treatment works.

61C-03-01 The user charge system shall generate adequate annual revenues to pay costs of annual operation and maintenance including replacement which the Sisseton-Wahpeton Sioux Tribe may by ordinance designate to be paid by the user charge system. That portion of the total user charge which is designated for operation and maintenance including replacement of the treatment works shall be established by this ordinance.

61C-03-02 That portion of the total user charge collected which is designated for operation and maintenance including replacement purposes as established in Article IV, shall be deposited in a separate non-lapsing fund known as the operation, Maintenance, and Replacement Fund and will be kept in two primary accounts as follows:

1. An account designated for the specific purpose of defraying operation and maintenance costs (excluding replacement) of the treatment works (Operation and Maintenance Account).

2. An account designated for the specific purpose of ensuring replacement needs over the useful life of the treatment works (Replacement Account). Deposits in the replacement account shall be made monthly from the operation, maintenance and replacement revenue in the amount of ___ annually.

61C-03-03 Fiscal year-end balances in the operation and maintenance account and the replacement account shall be carried over the same accounts in the subsequent fiscal year, and shall be used for no other purposes than those designated for these accounts. Moneys which have been transferred from other sources to meet temporary shortages in the operation, maintenance and replacement. The user charge rates shall be adjusted such that the transferred monies will be returned to their respective accounts within the fiscal year following the fiscal year in which the Moneys were borrowed.

61C-04-01 The following classes of users and charges to those users are hereby established (Reference is made to Appendix A of this ordinance) (Flat Rate Structure):

Class I: Residential Users: Single Family
Contributors $ /month for operation & maintenance, including replacement.

Class II: Light Commercial/ Institutional Users: Non residential users which contribute between 1000 gpd and 2500 gpd of less than or equal to normal domestic strength wastewater. $ /month for operation & maintenance, including replacement.

Class IV: Heavy Institutional Users: (Schools) month for operation & maintenance, including replacement.

61C-04-02 Any user which discharges any toxic pollutants which cause an increase in the cost of managing the effluent or the sludge from the treatment works, or any user which discharges any substance which singly or by interaction with other substances causes identifiable increases in the cost of operation, maintenance, or replacement of the treatment works, shall pay for such increased costs. The charge to each user will be as determined by the responsible plant operation personnel and approved by the of the

61C-05-01 A11 users shall be billed monthly. Billings for any particular month shall be made within thirty days after the end of that month. Payments are due when the billings are made. Any payment not received within the thirty days after the billing is made shall be delinquent.

61C-05-02 A late payment penalty of 10 percent of the user charge bill will be added to each delinquent bill for each thirty days of delinquency. When any bill is thirty days in default, rendition of water and/or sewer service to such premises may be discontinued until such bill is paid following due notice and opportunity for hearing.

61C-06-01 The will review the user charge system annually and revise user charge rates as necessary to ensure that the system continues to provide for the proportional distribution of operation and maintenance including replacement costs among users and user classes. Any excess revenues collected from a class of users shall be credited to that class for the next year and its rates will be adjusted accordingly.

61C-06-02 The will notify each user at least annually, in conjunction with a regular bill, of the rate being charged for operation, maintenance including replacement of the treatment works.

61C-07-01 This ordinance shall be in full force and effect from and after its passage and approval.

61C-08-01 SEVERABILITY
If any clause, sentence, paragraph, section, or part of this code shall, for any reason be adjudicated by any court of competent jurisdiction, to be invalid or unconstitutional, such judgement shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, section, or part thereof directly involved in the controversy in which the judgement shall have been rendered.

APPENDIX "A" TO USER CHARGE ORDINANCE
(Flat Rate Structure)
This appendix presents the methodology to be used in calculating user charge rates and illustrates the calculations followed in arriving at the first year's user charges. The charges established in this based on estimates of expenses and loadings. The actual expenses and loadings that occur may differ from these estimates and certainly they will change as time passes. Therefore, the user charges must be reestablished whenever necessary to reflect actual expenses and loadings. Once the system is in use, the expenses and loadings can be determined from operating records and the user charges can be adjusted based on these figures.

1. Expenses: The total annual expenses associated with the treatment works as defined in Article II, Section 8, are estimated as follows:

Item Annual Expense

Billing and collection
Administrative
Power
Labor (including fringe benefit)
Material Costs
Replacement Costs (see Appendix B)
Other

2. Loadings: The initial hydraulic loading is estimated to be million gal/year.
3. Unit Cost: The initial unit cost for flow in $/million gallons = total annual budget = /mg total annual flow
4. Establishment of User Classes:

Number Average Monthly Total Annual Cumulative

User of Users Water Used per User Water Used Usage Per Class

(gallons) (M.Gal.) (M.Gal.)
Residential Class:
Residential

Light Commercial/Institution:
Filling Station
Bank
Drive-in
Church
Heavy Institutional:
School
Health Center
Total

5. Calculation of charges to users to each user class:

Monthly charge per user in a particular user class =
(cumulative class usage)(unit cost)
(12)(number of users in class)

Where:
Monthly charge per user is in dollars Cumulative class usage is in million gallons from paragraph Unit cost is in $/million gallons from paragraph 3 Number of users in class is from paragraph 4, and 12 is a conversion factor.
Actual user charge for each user class are to be inserted in Section
61C-04-01 of the ordinance.
Actual calculations for each user class follows:
Residential: Charge Per User = ( )( )/12= $
Light Commercial/Institutional: Charge Per User = ( ) ( )/12 = $
Heavy Institutional: Charge Per Use = ( ) ( )= $

 

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