United States
Environmental Protection
Agency
Region VIII
1860 Lincoln Street
Oenver, Colorado 80235
Solid Waste
SEPA A TECHNICAL
ASSISTANCE
PROGRAM REPORT
STRATEGY FOR SOLID WASTE
MANAGEMENT ON INDIAN
RESERVATIONS IN REGION VIII
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0OL.CJ
'OlS I
United States Region VIII
Environmental Protection 1860 Lincoln Street
Agency Oenver, Colorado 30295
Solid Waste
»EPA A TECHNICAL
ASSISTANCE
PROGRAM REPORT
STRATEGY FOR SOLID WASTE
MANAGEMENT ON INDIAN
RESERVATIONS IN REGION VIII
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A TECHNICAL ASSISTANCE PANELS PROGRAM REPORT:
STRATEGY FOR SOLID MASTE MANAGEMENT
ON INDIAN RESERVATIONS IN REGION VIII
Prepared For:
U.S. Environmental Protection Agenqy
Region VIII
1860 Lincoln Street
Denver, Colorado 80295
Prepared By:
Fred C. Hart Associates, Inc.
Market Center
1320 Seventeenth Street
Denver, Colorado 80202
August, 1982
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Public Law 94-580 - October 21, 1976
Technical assistance by personnel teams. 42 USC 6913
RESOURCE RECOVERY AND CONSERVATION PANELS
SEC. 2003. The administrator shall provide teams of personnel, including
Federal, State, and local employees or contractors (hereinafter referred to as
"Resource Conservation and Recovery Panels") to provide States and local govern-
mentals upon request with technical assistance on solid waste managment,
resource recovery, and resource conservation. Such teams shall include techni-
cal, marketing, financial, and institutional specialists, and the services of
such teams shall be provided without charge to States or local governments.
This report has been reviewed by the Project
Officer, EPA, and approved for publication.
Approval does not signify that the contents
necessarily reflect the views and policies of
the Environmental Protection Agency, nor does
mention of trade names or commercial products
constitute endorsement or recommendation for
use.
Project Officer: William Rothenmeyer
i
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TABLE OF CONTENTS
Page
LIST OF TABLES iv
LIST OF FIGURES v
1. INTRODUCTION 1
Overview .. 1
Federal Agencies Involved in Solid Waste
Management Planning Efforts 4
RCRA and Solid Waste Management 5
Legislation Applicable to Solid Waste
Management on Reservations 6
Internal Solid Waste Management Authorities 7
Summary . 8
2. OVERVIEW OF THE STUDY AREAS 9
Northern Cheyenne Reservation 9
Southern Ute Reservation 13
Fort Berthold Reservation 15
Lower Brule Reservation 17
Wind River Reservation 18
3. MAJOR COMPONENTS OF SOLID WASTE MANAGEMENT 21
Analysis of Collection and Disposal Systems 21
Current Status on the Southern Ute Reservation 22
Problems Common to the Other Reservations 24
Northern Cheyenne 26
Lower Brule 28
Wind River 28
Fort Berthold 30
Improving Waste Collection and Disposal Systems 30
Extension and Standardization of Collection System 30
Use of a Transfer System 32
Separation of Bulky and Other Inappropriate Wastes 33
Development of a Sanitary Landfill Disposal Program 35
Reservations Requiring Upgraded Disposal Areas 37
Criteria for Landfill Siting, Design, and Operation 38
Operational Design Features 40
Personnel and Personnel Facilities 40
Equipment 40
i i
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TABLE OF CONTENTS (cont.)
Pase
Landfill Operation Procedures 41
Supervision and Inspection Procedures 43
Gas Production 44
Leachate Production 45
Groundwater Monitoring 45
Septic Disposal Problems 45
Current Status 45
Proper Landfill Disposal of Septage 47
Proper Septage Landspreading Practices 47
Evaluation of Threat to Public Health and the Environment 48
Current Status 49
Assessing Water Contamination 49
Preventive Measures 50
Resource Recovery 51
Current Status 52
Implementing a Limited Resource Recovery Program 53
Aluminum Recovery Program 53
Vehicle Recycling Program 53
Additional Recommendations 54
Energy Development Impacts and Initiatives 55
Management of Solid Waste Programs 57
Current Status 57
Developing an Effective Waste Management Organization ... 58
Tribal Council's Duties 59
TUC - General Manager 61
Solid Waste Operations Manager 61
Other Personnel Associated with Solid Waste Management .. 61
4. CONCLUSIONS 62
REFERENCES 64
iii
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LIST OF TABLES
Page
Table 1: Waste Disposal Areas and Methods on the
Northern Cheyenne Reservation 27
Table 2: Waste Disposal Sites on the Wind River Reservation 29
Table 3: Waste Disposal Sites on the Fort Berthold Reservation 31
Table 4: Disposal Facilities on the Five Reservations 36
iv
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LIST OF FIGURES
Page
Figure 1: Region VIII 2
Figure 2: Northern Cheyenne Reservation 10
Figure 3: Population Distribution on the
Northern Cheyenne Reservation 11
Figure 4: Southern Ute Reservation 14
Figure 5: Fort Berthold Reservation 16
Figure 6: Wind River Reservation 19
Figure 7: Organizing Solid Waste Management 60
v
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CHAPTER 1
INTRODUCTION
Overview
Fred C. Hart Associates, Inc. was contracted by EPA to assess solid waste
management practices for five federally-recognized tribes within Region VIII
(see Figure 1). Each of the reservations and the location of its tribal head-
quarters is identified below:
The project was conducted under the authority of the Resource Conservation
and Recovery Act of 1976 (RCRA) which was enacted to protect public health and
the environment through solid waste regulations and guidelines for the design of
new waste management facilities and the upgrading of existing facilities. In
addition, RCRA incorporates incentives for investigating and implementing
resource recovery projects to encourage maximal use of resources.
This project focused on seven major components of a solid waste management
system:
1 Three affiliated tribes (Hidatsa, Mandan and Angara) are located here with
one tribal business council.
RESERVATIONS
TRIBAL HEADQUARTERS
Northern Cheyenne
Southern Ute
Fort Berthold*
Lower Brule
Wind River
Lame Deer, MT
Ignaclo, CO
New Town, ND
Lower Brule, SD
Fort Washakie, WY
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FIGURE 1
SOLID WASTE MANAGEMENT ON INDIAN RESERVATIONS
ENVIROMENTAL PROTECTION AGENCY REGION VIII
Technical Assistance Panels Program
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collection and disposal systems;
sanitary landfill disposal;
septic disposal;
existing or potential threats to public health and the
environment from improper solid waste management;
resource recovery potential;
energy development impacts and initiatives; and
tribal solid waste management organizational plan.
During the project, site visits to the five reservations were conducted,
and the tribes' existing waste management programs were assessed in terms of
each of the components.
The solid waste problems encountered on the reservations were typical of
rural areas where populations are dispersed, access to disposal facilities is
limited by terrain or distance, and systems for collection and proper management
of wastes are restricted by the lack of economies of scale which can be realized
in more populous areas. Problems common to the reservations include indiscrimi-
nant dumping, open burning, and blowing trash. Inappropriate siting and inade-
quate construction and control of disposal areas have also occurred.
This report summarizes the information gathered during the site visits.
For each parameter of solid waste management, the existing practices and pro-
grams on each reservation were examined and compared with correct waste manage-
ment procedures.
Basic recommendations are presented for alleviating major problems common
to several of the reservations. These recommendations are consistent with
current federal regulations concerning solid waste management. Key elements of
applicable environmental regulations have been summarized, where appropriate.
In addition, site-specific recommendations are also provided, where such recom-
mendations would either differ from, or further expand upon, the basic recommen-
dations.
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The purpose of this report 1s to identify and explore major solid waste
management problems, as they pertain to Indian reservations. Steps for
implementing sound waste management practices have been identified. Due to the
uniqueness of each tribe - type of government, culture, economy, physical ter-
rain, etc. - these general solid waste management practices must be developed
and implemented in a manner most suited to each individual tribe. An effective
solid waste management program should consider overall tribal needs and concerns
and combine modern technologies and practices within existing tribal frameworks
and channels of communication. Additionally, an essential component in
achieving an effective program is the coordination and cooperation of all appro-
priate federal agencies with the Tribal Councils.
Federal Agencies Involved in Solid Waste Managewent Planning Efforts
Several federal agencies have a basic responsibility to provide safe, sani-
tary, and decent living conditions for federally-recognized tribes. They are:
The Indian Health Service (IHS), a branch of the Department of Health and Human
Services; the Department of Housing and Urban Development (HUD); the Bureau of
Indian Affairs (BIA), a division of the Department of the Interior; and the
Environmental Protection Agency (EPA).
IHS is primarily concerned with the construction and/or development of
community systems for water, sewage and solid waste. Once these services have
been constructed by IHS, maintenance and operation of the systems is turned over
to the tribe, as is consistent with the federal governmental policy of tribal
self-determination. HUD provides financial and technical assistance to pttolic
housing agencies for the development and operation of low-income housing pro-
jects. BIA is involved in many types of programs providing basic services to
the reservations in such areas as education, road building, and individual
housing through their housing program. EPA, through its air, water and solid
waste regulations, provides guidance to the above agencies in implementation of
their projects for federally-recognized Indian tribes.
While each of these agencies provides specific services to federally recog-
nized tribes, the services are clearly interdependent. For example, when HUD
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builds a housing subdivision, the plans for sanitary services for that subdivi-
sion must be approved by IHS. IHS, in turn, complies with EPA's regulations
concerning safe drinking water standards and obtaining permits for waste water
discharges.
For HUD sponsored housing projects and BIA sponsored housing improvement
programs ocurring on any reservation, HUD, BIA, and IHS cooperate on providing
water supply and sewerage facilities to the housing projects. An agreement
known as the "Tri-Ager,cy Agreement" was formally developed in the Code of
Federal Regulations, November 1979, Title 24, Part 805. Generally speaking,
this agreement specifies that IHS is responsible for the funding, design,
construction, and maintenance of water supply and sewerage systems for HUD and
BIA projects. BIA is to provide assistance in management and operation of the
systems to the maximum extent feasible. Details regarding these responsibili-
ties are developed in 24 CFR, Part 805.
Interaction between the tribes and each of these agencies is equally impor-
tant. To achieve any specific solid waste goal, the tribe m«y need to gain
assistance from different agencies for different parts of the project. For
example, IHS may provide assistance in the construction of a reservation's solid
waste disposal facility. BIA, in turn, may work with the tribe in constructing
the access roads to that facility.
RCRA and Solid Haste Management
The primary objectives of RCRA are the protection of public health and the
environment and the conservation of valuable material and energy resources asso-
ciated with solid and hazardous wastes. RCRA provides for the closure of open
dumps, prohibition of future open dumping, and guidelines for proper solid waste
management.
Major program areas include public information and participation, manpower
development, land disposal, resource conservation and recovery, technical as-
sistance, and state and local program development. While RCRA programs have not
been enacted on Indian reservations, the reservations can benefit from RCRA
program areas and take direction from guidelines developed under the authorities
of the Act.
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Subtitle D, covering non-hazardous solid waste, is of particular impor-
tance. Criteria and guidelines for land disposal of solid waste have been
published and are drawn upon in this report as a basis for evaluating existing
tribal waste management practices and needs. Landspreading, sludge disposal and
resource recovery technologies are also addressed by RCRA. Envirormentally
acceptable and economically feasible approaches to these aspects of waste
management are considered here to the degree that they may reasonably be
employed by the tribes in either the short-term or long-term.
Legislation Applicable to Solid Waste Management on Reservations
Assistance in environmental programs is available to tribes through EPA and
is integrally related to various pieces of enviromiental legislation. Either
EPA or the states may administer such programs. For example, under the auspices
of the Clean Water Act, tribes in both North and South Dakota have received 201
construction grant funds. "201" grants are made available through Section 201
of the Clean Water Act and provide matching funds for planning, design, and
construction of municipal wastewater collection and treatment facilities.
Similarly, tribes in Colorado and South Dakota have received 208 monies as part
of Multi-County Area-Wide Planning Organizations. "208" grants are provided for
through Section 208 of the Clean Water Act and are used for area-wide water
quality management planning, the development of water quality goals, the estab-
lishment of priorities for maintaining or improving water quality and the
investigation of non-point source and point source water quality problems.
Similary, under the Clean A1r Act, Arizona is to serve as a "pass-thru" for
air program funds to tribes within the state. Throughout Region VIII, EPA makes
grants directly available to Indian reservations for planning the development of
tribal air quality programs. The above programs, developed under the auspices
of the Clean Air and Water Acts, have served as models for the program currently
being developed under the authority of the Resource Conservation and Recovery
Act.
Legislative history indicates that Congress did not intend to alter the
legal relationship between states and tribes with the passage of the Clean Air
Act Amendments (1977), Clean Water Act (1977), or Safe Drinking Water Act Amend-
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ments (1977). Tribes are specifically exempted from certain procedural require-
ments under these regulations, yet m^y work cooperatively with states in
achieving the prescribed goals. In enacting Public Law 84-280 (1953), Congress
established a framework for states to obtain a limited degree of control over
transactions occurring on Indian reservations. The 1968 Civil Rights Amend-
ments, now codified as 29 U.S.C. Section 1302 et seq., precluded states from
unilaterally assuming jurisdiction on reservations and imposed an additional
requirement of tribal consent. Of the Region VIII states, only Montana passed
legislation (1963) to assume jurisdiction over one reservation (Flathead) in
certain matters. This legislation was passed with the concurrence of the tribal
court. Because of the compromise nature of P.L. 84-280 and the federal court
scrutiny to which states will be subject, it is likely that the jurisdiction
states may obtain under this law will be limited.
Beyond the scope of P.L. 84-280, Federal courts have allowed the states
jurisdiction on matters occuring within Indian reservations only where such jur-
isdiction does not "infringe" upon the right of tribal peoples to self-govern-
ment, or create an "encumbrance" upon restricted or trust lands. County zoning
ordinances have been held to be encumbrances, as have county permits. Such
determinations, however, will probably have to be made independently by each
reservation.
Internal Solid Waste Hanagewent Authorities
On many reservations, Tribal Utility Commissions (TUC) have been formed to
manage water, wastewater, solid waste, and similar operations. Since the forma-
tion of TUC's is optional for the reservations, some tribes (e.g., Lower Brule)
have opted not to institute such a commission. A TUC may be authorized by
either the Tribal Council or the Tribal Council's Board of Health. The commis-
sions are staffed by tribal members and are responsible for the day-to-day
functions of the operations.
Southern Ute has an informal TUC that functions well in the task of solid
waste collection. Northern Cheyenne has a formally delegated TUC that has some
difficulties in meeting waste collection needs. Wind River has a TUC which
deals only with water supply.
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Sunwary
This chapter has provided a summary of the enabling legislation and the
consequent responsibilities, powers, and interactions of organizations involved
in solid waste management on the reservations. This material should serve as an
overview for understanding both the need for improved cooperation between all
parties in achieving solid waste management goals on the reservations and the
necessity for continued funding in these areas, in in effort to resolve the
existing waste management problems described in this report.
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CHAPTER 2
OVERVIEW OF THE STUDY AREAS
In this chapter, background information for each of the five reservations
is provided. Basic data are briefly summarized regarding such factors as
locale, population, climate, terrain, significant transportation routes, and
existing natural resources. Because each of these factors can impact waste
management, consideration must be given both to their combined effect on current
disposal practices and their consequent future impact on the development of an
effective and appropriate waste management program for each of the reservations.
Northern Cheyenne Reservation
The Northern Cheyenne Reservation extends over more than 440,000 acres in
southeastern Montana (see Figure 2). The region is characterized by rolling
hills and narrow valleys and has a semi-arid climate. Two main roads which are
open year-round service the reservation. The major highway, U.S. 212, requires
significant maintenance especially after spring thaw. An improved road off
U.S. 212, five miles west of Lame Deer, services the Mud
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o
LACKFEET
ROCKY SOYS
* D
FORTPECK
FORT BELKNAP
% Great Ftalls
• HELENA
C Butte Billings
Miles Citv
fyrp,
NOTHERN CUt
FIGURE 2
NORTHERN CHEYENNE! RESERVATION
YENNE
ASHLAND
BIRNEY
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FIGURE 3
NORTHERN CHEYENNE TRIBAL CENSUS RESULTS (1976)
MUDDY AREA
Cheyenne* 221
Other Tribes 20
Non-Indians 46
Total 287
BUSBY AREA
Cheyennes 527
Other Tribes 95
Non-Indians 91
Total 713
ASHLAND AREA
(off reservation)
Cheyennes 167
Other Tribes 18
Non-Indians 71
Total 256
Total Number of People Living On-Reservation
Cheyennes 2506
Other Tribes 333
Non-Indians 388
Total 3227
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The Northern Cheyenne reservation has the potential for future resource
development. Although negotiations to obtain coal and timber leases are rela-
tively slow, development appears likely in the near future. In addition, oil,
natural gas, and uranium resources may exist on the reservation.
Of all the natural resources found on the reservation, coal has the
greatest market potential. According to data supplied by the Northern Cheyenne
Research Project (NCRP), the U.S. Geological Survey (USGS) estimated in a 1975
study that up to 5 billion tons of sub-bituminous coal may exist beneath the
reservation at sufficiently shallow depths to be profitably strip mined. A
maximum of 23 billion tons of recoverable coal may exist if deeper seams, acces-
sible through underground mining and improved technology* are included. Eleven
major coal beds exist on the reservation, three of which have a thickness of 65
feet or more.
While no synthetic fuel projects are currently planned for the Northern
Cheyenne Reservation, the area is surrounded by seven gasification projects.
Three are located within Montana (two to the west and one to the north); two are
located to the east in North Dakota; and the remaining two are located to the
south in Wyoming. These projects have the potential to impact energy develop-
ment on the reservation and offer employment possibilities to tribal members.
Undiscovered ore, natural gas, and uranium resources may exist on the
reservation. It has been estimated by USGS that up to 270 million barrels of
oil may lie in undiscovered deposits beneath the reservation. The Bell Creek
Field, Montana's largest oil producing area, is located 50 miles southeast of
the reservation. Natural gas resources have not been located, to date, on the
reservation; however, production of natural gas occurs to the northeast in the
Pumpkin Creek area and may signal the possibility of potential natural gas
resources in the Northern Cheyenne vicinity. According to a NCRP study, uranium
deposits may exist under the Northern Cheyenne Reservation. Other areas of the
Powder River Basin have been mined for uranium from the Fort Union Formation, a
formation which occurs throughout the reservation.
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Future energy development in the region may be impacted by the areas's
designation, under the Clean Air Act, as a "Class I Area." If a new mine or
other resource-related facility is established in this region, its operations
would be limited by the standards of the Clean Air Act for Class I Areas, the
strictest air quality requirements of the three categories.
Southern lite Reservation
The Southern Ute Reservation is located on a strip of land extending 73
miles in length and 15 miles in width in southwestern Colorado bordering on New
Mexico (see Figure 4). The reservation occupies over 800,000 acres, although
only about 300,000 of the reservation's acres are owned by the Southern Ute
people. This acreage is dispersed throughout the reservation in a checkerboard
pattern. The remaining land is owned by non-Indians as a result of past home-
steading activities.
The topography of the the reservation ranges from fertile river valleys
with shallow alluvial aquifers to high timbered mesas. The region's climate is
semi-arid with seasonally high runoff and ground-water levels following spring
rains.
Of the 900 tribal members residing on the reservation, most live in the im-
mediate vicinity of Ignaclo, the trading center for the Pine River Valley. The
reservation is intersected by several north/south paved all-weather roads
including Colorado Highway 140, U.S. 550, Colorado Highway 172, and Colorado
Highway 51. Remote sections of the reservation, however, are accessible only by
gravel-surfaced or dirt roads.
The Southern Ute Reservation lies within the Grant's mineral belt, one of
the most mineralized zones in the United States. Most minerals present have the
potential for development. Oil, gas and timber are currently producing an
income for the tribe. In the next five years, the projected development of the
three to five hundred million tons of coal resources will bring a significant
change in the economic development of the reservation and the surrounding area.
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r
# F i. Collins
• DENVER
• Grand Junction
FIGURE 4
• Puettlu
UTE UTN UTE
SOUTHERN UTE
SOUTHERN UTE RESERVATION
/
V
J
r—-ifui
DURANGO
/ V
/ v •"bAYFIELCT" HJS 160
7 Vr
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In addition, a gasification plant and a coal liquefaction plant are planned to
the south of the reservation in the Four Corners area of New Mexico.
Fort Berthold Reservation
The Fort Berthold Reservation is located in west central North Dakota and
occupies over 980,000 acres (see Figure 5). The topography of the area is
primarily rolling plains with two distinct land types: high upland plains and
badlands. The region has a semi-arid climate and long, severe winters.
The 1975 census identified a total population of 4,644; 60 percent (2,780)
Indian and 40 percent (1,864) non-Indian. Population is dispersed into five
major communities surrounding Lake Sakakawea: Mandaree (24 percent of total
population); New Town (31 percent); Parshall (27 percent); Twin Buttes (7 per-
cent); and White Shield (11 percent). By October, 1979, the resident Indian
population had increased almost 22 percent to 3,310. Unemployment in 1979
exceeded 43 percent.
BIA maintains the internal gravel road system which is in need of augmenta-
tion and improvement. The lake divides the reservation into five distinct seg-
ments and can only be crossed in two places: by a steel-span bridge in the
northern part of the reservation on Highway 23, and by a crossing on Highway 83
located on an earthen dam east of the reservation. The lake, therefore is a
significant barrier between the reservation communities. For example, 310 miles
of road separate White Shield and Twin Buttes, which lie only 20 miles apart.
The Fort Berthold Reservation occupies portions of Mercer and Dunn
Counties, important locations of strippable lignite. The draft West-Central
North Dakota Regional Environmental Impact Study on Energy Development indicated
that annual coal production is currently in excess of 6 million tons per year.
It is anticipated that production may increase to 30 million tons per year by
1985.
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FIGURE 5
FORT BERTHOLD RESERVATION
FOUR BEARS NEW TOWN
/
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Oil production on the reservation has been stabilized at between 450,000
and 700,000 barrels annually. 011 and gas production and the leasing of land
for exploration and drilling have become an important part of the reservation
economy. In addition, three gasification plants and two coal liquefaction
plants are planned for the area west of the reservation.
Lignite, oil, and gas appear to have the greatest developmental potential
for the reservation. Other potential but less promising mineral-based prospects
include: production of chlorine caustic soda from salt; production of building
materials from clays; and production of potash.
Lower Brule Reservation
Located approximately 75 miles southeast of Pierre, South Dakota, the Lower
Brule Reservation encompasses about 300 square miles or about 192,000 acres.
The topography of the region ranges from steep badlands along the Missouri
River to rolling plains situated between the drainage ways. The reservation's
climate is semi-arid with strong prevailing winds from the northeast in the
winter and from the southeast in the summer. Gusts exceeding 50 miles per hour
occur during any month of the year.
The reservation is sparsely populated with a current total population of
approximately 950 persons, an increase of about 42 percent since 1950. It is
expected that more Indians may soon return to the reservation, due to the
increased availability of housing and education offered by Federal agencies (143
of the 213 existing homes on the reservation receive some form of HUD subsidy).
Population is expected to Increase six percent annually over the next decade.
The Lower Brule Indian Reservation is extremely isolated with the closest
major municipality, Pierre, located over 75 miles away. The reservation area is
serviced by primary and secondary roads with east/west and north/south all-
weather highways passing through adjacent areas. U.S. Interstate 90 passes near
the reservation, and provides access to Sioux Falls, Minneapolis, and Rapid
City. South Dakota Highway 47 West connects the reservation with 1-90.
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Natural resources on the reservation are presently uneconomic to develop.
Natural gas and oil occur in the Dakota Sandstones, and a manganese-bearing
deposit has been discovered, but there are no plans at present for its develop-
ment.
Wind River Reservation
The Wind River Reservation is located in western central Wyoming on almost
two million acres of land (see Figure 6). The topography of the reservation
ranges from fertile river valleys in the southeastern sector to high plains and
badlands in the northern sector. Elevations range from 5,000 feet in the east
to 13,000 at the southwestern boundary along the Continental Divide. The reser-
vation's climate is semi-arid. High winds and snowfall throughout the winter
cause blizzard conditions, transportation problems, and loss of livestock.
Most of the population is concentrated in the southern half of the reserva-
tion. The Arapahoe and Shoshone tribes share the Wind River Reservation. A
total of almost 7,000 Indian people are concentrated in six communities on the
reservation: the Arapahoe Area (28.0 percent); the Mill Creek Boulder Flat Area
(3.2 percent); the Ethete Area (23.5 percent); the Fort Washakie Area (36 per-
cent); the Crowheart-Burris Area (5.7 percent); and the Dry Creek Ranch Area
(3.6 percent). Riverton, with a population of more than 10,000, contains the
the largest concentration of non-Indians.
A good paved road system exists in the southern portion of the reserva-
tion, where the majority of the population resides. A network of state and
county paved roads crisscross the reservation.
Economic growth on the reservation has not kept pace with population
growth. High unemployment and severe underempl oyment are characteristic of the
region.
Since the discovery of oil on the reservation in 1909, 16 oil and gas
fields have been established. Over the years, petroleum and natural gas have
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# Sharidan
RIVSR
Rock Springs
0 Ravulins
CHEYENNE
FIGURE 6
WIND RIVER RESERVATION
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been the principal sources of revenue for the Tribes. Additional mineral
resources exist which have not yet been developed.
Gas fields on the reservation have yet to be completely defined, and their
reserves are generally unknown. It is expected that future gas production will
total many times the production to date.
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CHAPTER 3
MAJOR COMPONENTS OF SOLID WASTE MANAGEMENT
This section provides an assessment for each reservation of the current
status of seven major elements of solid waste management. These include: an
analysis of collection and disposal systems; a review of sanitary landfill dis-
posal programs; septic disposal procedures; existing or potential public health
threats posed by improper solid waste management; resource recovery potential
and options; potential energy development impacts and initiatives; and overall
solid waste management structure.
General approaches for alleviating major problems in each of these areas
are provided, as well as site-specific recommendations, where applicable.
Analysis of Collection and Disposal Systems
The cornerstone of a sound solid waste management program is the develop-
ment of a consolidated, systematic approach to collecting and disposing of all
wastes generated in a given area in an environmentally acceptable manner. Key
elements to such a system include:
1. development of a public collection service which provides:
a) a sufficient number of adequately sized-collection containers
throughout the overall area (determination should be based on
population distribution, population density and waste genera-
tion estimates);
b) measures for facilitating the separation of bulky and other
inappropriate wastes (e.g., animal carcasses, septage) from
the overall solid waste stream;
c) an acceptable frequency of collection service (based on esti-
mations of the amount of waste generated);
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2. designation of an approved sanitary landfill area that is
correctly sited, designed, constructed and operated; and
3. designation of an organization (such as a utility commission) with
the authority to:
a) implement and oversee the waste management program;
b) coordinate public operations with private collection and dis-
posal operations; and
c) establish and maintain a public awareness program to promote
sound waste management practices.
Other variables essential to the success of such a system are adequately main-
tained access roads, the appropriate equipment for collecting and disposing of
wastes, and a sufficient nunfoer of adequately-trained personnel for maintaining
and operating such a system.
Current Status on the Southern Ute Reservation. Of the five reservations,
only the Southern Ute Reservation currently possesses a wel1-developed collec-
tion and disposal system. The system, which is operated by the Southern lite
Utilities Commission (SUUC), is one of the better reservation solid waste man-
agement programs in the rural West. Its program is discussed briefly below.
The SUUC has responsibility for the reservation's solid waste, sewer, and
gas systems. The Commission consists of three full-time employees: the Tribal
Executive Officer; the Tribal Accountant; and the Utilities Manager. The SUUC's
program receives valuable assistance from IHS and operates in conjunction with
programs provided by Ignacio Township and the privately-owned La Plata Sanita-
tion Company.
Ignacio Township collects waste within the town limits and from a few
customers outside its boundaries. Rates are $3.00 per month for once-a-week
service for those outside of the town limits. The town has a 1972 International
rear-load unit with a hydraulic dumping device.
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La Plata Sanitation is a privately-owned company that provides rural col-
lection in La Plata County. La Plata Sanitation provides services to rural
households, the Town of Bayfield, and commercial and industrial accounts outside
the Durango city limits. The rates are $6.00 per month for once-a-week roadside
collection, and $7.00 per month for once-a-week yard collection. La Plata Sani-
tation has seven collection vehicles: six rearload units and one sideload
unit. Both the Town of Ignacio and La Plata Sanitation transport solid wastes
to the La Plata County Landfill, northwest of Bayfield.
SUUC services Tribal and government facilities at the Southern Ute head-
quarters complex, as well as housing in the immediate vicinity. Residential
rates for rural service are $3.00 per month for once-a-week service.
Prior to 1979, the Southern Ute Tribe collected solid waste in a government
surplus truck and deposited the waste in an open dump approximately four miles
southeast of Ignacio. In 1979, as a result of an $88,000 grant from IHS, the
Tribe acquired a side-loading refuse truck, a front-end loader and a maintenance
building for a comprehensive solid waste management program. Unfortunately, the
new collection truck, which has front-wheel drive and a rear compactor, was a
poor choice for the operation. The truck has poor traction on the snow, ice,
and mud prevalent during the winter and spring months and must be towed almost
daily.
As an in-kind contribution, the Southern Ute Tribe has constructed a fenced
sanitary landfill and a small maintenance facility six miles northeast of the
tribal complex. The collection route was a joint effort by the Tribe and IHS.
The Tribe funds the operating costs of the program, and IHS provides technical
assistance.
Until the new landfill was completed, waste collected by SUUC was disposed
1n temporary trenches near the entrance to the old landfill site. SUUC did an
excellent job of closing the old site in 1979.
The new landfill 1s located on 8.6 acres and began operations in 1980.
This facility is sited close to the community in a sheltered area with good
drainage. The equipment at the landfill consists of a tractor (equivalent to a
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Caterpillar D-8 model), a tractor loader, and a pickup truck. The equipment is
in relatively good condition for its age.
Now that the new landfill is opened, SUUC should evaluate its total equip-
ment needs and consider the continued upgrading of its operation and equipment.
For example, the present front-end drive collection truck should be replaced
with a more appropriate vehicle such as a side-loading truck which could be
operated by one person.
Probleas Cownon to Other Reservations. As can be seen below, a number of
inadequacies with the collection and disposal systems at the remaining four
reservations are common to several of the reservations. Major problems, and the
reservation on which they occur, are summarized below:
dispersed communities make collection difficult (Northern
Cheyenne, Wind River, Fort Berthold)
the small total population is insufficient to support separate
tribal-sponsored collection and disposal program (Lower Brule)
much individual dumping due to low number of subscribers to
collection service (Northern Cheyenne, Wind River, Fort Berthold)
inadequate separation of inappropriate wastes such as bulky
wastes or animal carassess (Wind River, Northern Cheyenne — lit-
tle bulky waste exists at Lower Brule and abandoned vehicles are
periodically collected at Fort Berthold)
insufficient number of collection containers and insufficient
frequency of collection resulting in increased windblown trash
(Wind River)
no centralized collection points for winter use (Northern
Cheyenne, Wind River, Fort Berthold)
prevalence of unauthorized sites (Northern Cheyenne, Wind River,
Fort Berthold)
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prevalence of indiscriminant dumping (Northern Cheyenne, Wind
River, Fort Berthold -- sane rpadside dumping at Lower Brule)
no disposal site currently meeting minimum landfill disposal
criteria (Northern Cheyenne, Wind River, Lower Brule, and Fort
Berthold)
poor disposal site locations for users (Fort Berthold, Wind
River)
sites not adequately fenced (Northern Cheyenne, Lower Brule, Wind
River — at Fort Berthold sites are fenced but haven't any locked
gates)
open burning of wastes at dumps which increases the grassland
fire danger and air pollution problems (Wind River, Lower Brule,
Northern Cheyenne, and Fort Berthold)
cover applied infrequently resulting in increased vector problems
and blowing debris (Wind River, Lower Brule, Northern Cheyenne,
and Fort Berthold)
poor access roads (Northern Cheyenne, Wind River, Fort Berthold)
insufficient or inadequate collection and disposal equipment
(Northern Cheyenne, Lower Brule, Wind River)
absence of technical and financial assistance necessary to imple-
ment sound collection and disposal program (Wind River, Lower
Brule, Northern Cheyenne, and Fort Berthold).
details of each of these reservation's current collection and disposal pro-
s are briefly discussed in the next sections.
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Northern Cheyenne. The collection and disposal system operated by the
Northern Cheyenne Utilities Commission (NCUC) is inadequate. It functions
mainly due to the hard work and perseverance of the NCUC director. NCUC pro-
vides waste collection service to 23 commercial accounts and 252 residential
units. This represents only 23 percent of the 1,095 residential units on the
reservation. Waste collection is not mandatory, which discourages use of NCUC
services.
The status of the Tribe's solid waste collection and disposal practices are
summarized in Table 1. Waste collected by NCUC is disposed of at authorized
dump sites. Waste not collected by the Commission is disposed of by residents
at authorized and unauthorized disposal sites, or by burning and indi scriminant
dumping. These methods of disposal cause control problems at authorized dump
sites, health hazards throughout the reservation, and fire dangers to homes,
forests, and grasslands.
A major operational difficulty arises from the lack of proper equipment.
There 1s only one collection vehicle for the reservation, an old compacting and
hauling truck, which must service the dispersed communities over poor roads.
Moreover, lack of centralized collection points for winter use by tribal members
encourages roadside dumping and disposal at unauthorized dump sites.
A number of administrative problems also prevail. Of the 28 percent of the
Tribe that is serviced by the NCUC collection system, not all subscribers pay
their monthly fees. Collection of refuse is optional, since the collection fee
is not considered in (nor is it paid by) the HUD allotment for utilities. HUD,
IHS, and BIA do not consider solid waste management a service to be addressed
under the Tri-Agency Agreement dividing responsibilities for Tribal operations.
Efforts are presently underway at the Northern Cheyenne Reservation to
improve the solid waste storage, collection, and transportation system through
the use of 40-cubic yard "roll-off" containers. These containers will be
located where the population density is greatest and where easy access is pro-
vided to ensure maximum use by residents. Waste will be hauled for final
disposal at a regional landfill located at Colstrip, Montana, approximately 20
miles north of the reservation.
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TABLE 1
NORTHERN CHEYENNE INDIAN RESERVATION
SOLID HASTE DISPOSAL AREAS AND METHODS
COMMUNITY
COLLECTION
SERVICE
AUTHORIZED
DUMPS
UNAUTHORIZED
DUMPS
INDISCRIMINANT
DUMPING
BURNING
BARRELS
BULKY
WASTE
Lame Deer
Yes
One
One
Yes
Yes
Yes
Busby
Yes
One
None
Yes
Yes
Yes
Ashland
Yes
None
One
Yes
Yes
Yes
Birney
No
None
Two
Yes
Yes
Yes
Muddy Creek
Yes
None
None
Yes
Yes
Yes
-------
Lower Brule. Due to the small population on the reservation (less than
1,000 persons), the waste stream at Lower Brule is of low volume. The Tribal
Council directs the daily operations of the waste collection system with assist-
ance from BIA and IHS. Collection of household waste occurs once a week,
although not on a regular schedule. Wastes are contained in barrels at each
household and dumped into a small "Pup" compactor mounted on a pickup. The
Tribe also has a Heil 20 yard rear loading compactor which requires $6,000 to
$8,000 in repairs before it can be used again. Some open burning occurs in
individual collection barrels, but it appears that the majority of wastes are
being disposed of at the landfill.
Residential and commercial units are billed $2 per month and BIA is billed
$25 per month for collection services, creating a total potential revenue of
$425 per month. This current rate structure, however, does not cover the opera-
ting costs of the collection system. In addition, approximately 40 percent of
the accounts billable are routinely delinquent and are expected to remain so.
Wind River. BIA personnel currently provide collection at dwellings within
the BIA compound. HUD services the low income housing, and the City of Riverton
collects solid waste within its city limits. At all other tribal dwellings and
facilities, waste collection 1s the responsibility of the occupants. Litter is
widespread throughout the reservation, indicating that the number of containers
and frequency of collection are insufficient. Some open burning occurs 1n
individual collection barrels, but it appears that the majority of wastes are
disposed of at dumpsites 1n open burning trenches. The sixteen waste disposal
sites serving the Wind River Reservation are listed in Table 2.
Cover is periodically applied at the disposal sites, but not often enough
to control blowing debris. Animal carcasses were found in various stages of
decay at each of the dump sites. Bad weather and road conditions limit access
to the dump sites and waste is not always dumped in the trenches provided.
Odors from decaying carcasses and burning waste also keep users at a distance
from the trenches.
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TAB-E 2
WASTE DEPOS/L SITES
VaM) RIVER RESERVATION
COMMUNITY
SITE LOCATION
cawim
SERVED
Arapahoe
Arapahoe
Ethete
Ethete
Fort Washakie
Shoyo Lane
Mill Creek & Boulcfer
Johns town-B1g Wind
River
Crcwnheart-Burris
Riverton
Mexican Flat
Armejo
Sage Creek
St. Michael Hill Area
St. Stephens
Thunder Lake
South
17 Mile Road
Mo./Bridgeport
South
BIA North
No ./South Fork
North of Mil ford
Soutfwest of Kinnear
Northvest of Willow Credc
Not on Reservation Land
Dry Creek
Northeast of Mil ford
Arapahoe
Arapahoe
Ethete
Ethete Rural
Fort Washakie
No. & So. Fork/
Little Wind
Mill Cretk &
Boulcfer Flat
Johnston-
Big Wind River
Crowheart-Burris
Riverton &
Fremont Ccunty
Energy companies
Sage Creek
Ethete
St. Stephens
Ethete
TYPE OF SYSTEM
Trench, Open Burning
Trench, Open Burning
Trench, Open Burning
Open Duiping
Trench, Open Birning
Trench, Open Burning
Open Birning
Trench, Open Burning
Open Birning
Open Duiping
Open Duiping
Trench, Open Burning
Compaction, Daily Cover
Daily Cover
Open Dunping
Open Dinping
Trench, Open Dumping
Open Dirpi ng
Open Dunping
Open Duiping
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At the present time, tribal officials on the Wind River Reservation are
considering two options that would improve the reservation's solid waste manage-
ment system. One option that was proposed by the IHS would reduce the number of
disposal sites from the present 16 to nine and improve the collection system.
The other option being considered is the use of numerous three to eight-cubic
yard box containers strategically placed around the reservation to ensure maxi-
mum coverage and usage by residents, government agencies, and businesses.
Routes and schedules for collection would be developed. Waste would be taken to
one sanitary landfill on the reservation that would be sited, designed, and
operated to meet environmental standards. All remaining disposal sites would be
closed.
Fort Berthold. BIA, HUD, and Geving Waste Collection Service collect solid
waste on the reservation. Geving, a private collection compare, serves most of
the non-Indian residents on the reservation, charging $4.00 to $6.00 for once-a-
week service with a fleet of nine rear-load compaction vehicles ranging in capa-
city from 20 to 32 cubic yards. BIA and the HUD collect and transport waste to
dumpsites with open body trucks.
Individual disposal sites are summarized in Table 3. Most disposal sites
on the reservation are fenced, but none have locked gates. Cover is applied
irregularly and infrequently, and none of the sites has provisions for leachate
collection. Most sites have been located at a distance from the communities,
which further exacerbates management problems arising from dispersed population
centers and poor access routes. As can be seen in Table 3, the Mandaree, Twin
Buttes, and White Shield sites all share the problems of poor access, open
burning and no daily cover.
Improving Waste Collection and Disposal Systeas. With the exception of the
Southern Ute Reservation, all of the reservations require improvement and expan-
sion of their waste collection systems. Effective steps in improving these
systems are discussed below.
Extension and Standardization of Collection Systen. An important first
step in improving collection efforts is the elimination or reduction of indivi-
dual disposal of wastes and the associated problems of indiscriminant and
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TABLE 3
WASTE DISPOSAL SITES
ON THE FORT BERTHOLD RESERVATION
COMMUNITY
TYPE OF SYSTEM
PROBLEMS
New Town (not
located on the
reservation)
Parshall (not
located on the
reservation)
Mandaree
White Shield
Twin Buttes
State-approved landfill
operated during winter
months only
State-approved landfill
operated during summer
months only
Dump site fenced
Dump site open
Closed dump site (100 yds
north of the school)
Dump site northeast of
the town
No major problems
No major problems
Open burning; no daily
cover; no insect or rodent
control, grassland fires
caused by burning waste;
unimproved access road
Open burning; no daily
cover; grassland fire
threat, no vector control,
poor access road
Site closed but residents
of Twin Buttes continue
unauthorized dumping, open
burning
Open burning, no cover,
vector problems, grass
fire danger, access road
needs improvement
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unauthorized dumping. This can most easily be accomplished by extending the
tribal collection system to all areas of the reservation. If possible, the
collection service should be made mandatory for all tribal residents.
Use of A Transfer System. In addition, where applicable, upgrading of the
existing collection system should include selection of a basic and inexpensive
collection system, ideally some sort of green box or related transfer system.
Introduction of such a system would alleviate many collection problems by
increasing the number of containers and their locations throughout the communi-
ties. The use of closed containers would also help to control the foil wing
problems:
burning trash along roadways and in dumps;
burning trash in barrels;
storage of waste inside homes during inclement weather and the
resultant health hazards;
windblown waste;
« scattering of wastes by animals; and
discouragement of rats and other vectors.
Implementation of such a transfer system has several Important advantages.
A green box system 1s a relatively Inexpensive and standardized system that pro-
vides easy access to all residences. It can be adjusted easily In areas which
experience seasonal population fluctuations or sudden pemanent Increases in
overall population and can be expanded to meet such development or growth with
minimal cost. It ensures secure, outside storage of wastes on a twenty-four
hour basis for several days at a time. Finally, it provides a durable systan
with a long 11 fe-expectancy and is both simple to Implement and operate.
Containers for residential customers should be placed on regularly-traveled
routes in central locations, based on population and capacity figures. Khere
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feasible, they should be clustered to improve collection equipment efficiency.
Containers should always be placed on a level surface, away from walls, electric
wires, telephone poles and other obstructions. They should never be placed at
intersections where they could block motorists' vision or in areas where they
could attact the attention of children.
The placement of containers for commercial and industrial customers differs
slightly. Containers should be located at the rear exit of any facility, and
not in front parking lots. Obstructions should be avoided and adequate clear-
ance should be ensured. Generally high volume waste producers should receive
more containers rather than more frequent collection services to minimize the
labor and vehicle miles travelled incurred by the collection truck. Pick-up
is usually scheduled once-weekly basis for all containers.
Wastes to be disposed of in these residential and commercial containers
include all types of household refuse and food garbage, paper, cardboard and
small manufactured items, as well most wastes from commercial and institutional
facilities. The size of the containers selected will determine overall capacity
and frequency of collection. For example, on the average, a three-cubic yard
container can serve approximately 24 residents for one week, but has the flexi-
bility to hold on the order of 10 days of waste during the winter season, when
less solid waste is usually generated. However, collection schedules should be
set to avoid this over-accumulation, due to the potential for increasing vector
populations, odors, windblown litter, etc. Institutional customers should be
assigned several containers for storage of waste.
Separation of BulKy and Other Inappropriate Hastes. The non-compactibility
of the white goods, lumber and rubber which make up the bulky waste stream
require that they be separated from residential and commercial waste. Bulky
wastes cause damage to equipment designed to handle municipal solid wastes.
Further, they do not require the same disposal procedures as other solid wastes,
since they do not present the public health problems associated with the organic
nature of residential garbage. Moreover, collection of mixed waste types is
less efficient because bulky wastes take up more container space.
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Bulky wastes generally include:
— large household appliances (e.g., stoves, refrigerators, washers
and dryers);
mattresses, bed frames, and other furniture;
auto bodies, parts and tires; and
stumps, tree trunks and yard wastes.
Bulky wastes are generally more efficiently collected and disposed of by a
system different from the municipal system.
The bulky waste system requires segregation of large non-compactible Items
from the residential trash stream at separate collection sites. The items are
then transported to the landfill site using a special transport systan and dis-
posed of at a location separate from the landfill sections used for municipal
waste. Containers, such as twenty cubic yard roll-off containers, are good
choices for storage of bulky wastes and can be placed at strategic reservation
locations based on population and bulk waste generation rates. A roll-off-
hitched flatbed trailer truck can haul the containers to the landfill when they
are full. However, it is important to remember that the containers can be uti-
lized properly only if residential garbage has not been dumped into them.
The bulky waste collection system will facilitate the removal of abandoned
automobiles, large appliances, and other items from yards and fields on a
special collection basis. It will also prevent use of these items as shelter
for vectors or as play things by children. The need for individual hauling and
dumping of. these items should be eliminated by the use of containers. This
system organizes the disposal of discarded bulky waste items and reduces the
cost of clean-up, but to be truly successful it must be utilized by all tribal
members.
In addition, the equipment used for collecting bulky wastes can be adapted
for other uses on the reservation. The flatbed trailer can haul equipment, pre-
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fabricated work platforms, or building materials to job sites. The containers
and collection truck can haul coal to be used as fuel on the reservation.
Several other types of waste require special handling procedures and should
not be disposed of in either the municipal waste system or the normal bulky
waste system. These items include:
dead animals (lifestock);
burning materials and hot ashes; and
construction and demolition debris.
Dead cats, dogs, and livestock sometimes end up in the solid waste stream.
In general, small animals can be safely disposed of if taken directly to their
fill site and placed along with other waste and immediately covered. Whenever
possible.dead livestock should be disposed of through rendering plants or pet
food companies. These types of businesses should be contacted to determine
whether th^y will pick up the dead livestock. Dead livestock that cannot be
disposed of through rendering plants or pet food companies should be disposed of
by placing them in a special pit and covering them immediately with two feet of
compacted soil. For reasons of safety and to minimize air pollution, open
burning of wastes should be strongly discouraged. Burning or smoldering waste
should not be accepted by collection personnel, or by landfill operating person-
nel. Wastes generated by private contractors should be transported to the land-
fill by the contractor on days specified by solid waste personnel. The disposal
of construction and demolition wastes should occur at a predetermined location,
separate from residential and conmercial wastes, but usually with other bulky
wastes.
Development of a Sanitary Landfill Disposal Prograw
Analysis of collection and disposal systems Included a review of current
disposal areas at each of the reservations. Infonnation summarized 1n Table 4
Identifies the location of all disposal areas on these reservations. In addi-
tion, the table classifies each disposal are. as either a sanitary landfill or
an open dump. This classification 1s based on the site's ability to meet EPA's
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TABLE 4
DISPOSAL FACILITIES ON
THE FIVE RESERVATIONS
RESERVATION/LOCATION OF SOLID
TYPE OF FACILITY
WASTE DISPOSAL FACILITY
SANITARY LANDFILL
OPEN DUMP
NORTHERN CHEYENNE RESERVATION
Muddy Creek
Lame Deer
Busby
Ashland
Blrn^y
1
1
1
1
2
SOUTHERN UTE RESERVATION
Ignacio
1
WIND RIVER RESERVATION
Johnstown - Big Wind River
Crowheart - Burris
Shoyo Lane
Mexican Flat
Ethete
Arapho - Southwest
Arapaho - 17 Mile Road
Mill Creek - Boulder Flat
Armejo
BIA Trench - Fort Washakie
Sage Creek
St. Michael Hill Area
Rlverton - Shoshone Rd.-east
Riverton - Shoshone Rd.
St. Stephens
Thunder Lane
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
LOWER BRULE RESERVATION
Lower Brule
1
FORT BERTHOLD RESERVATION
Mandaree
White Shield
Twin Buttes
1
1
1
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landfill criteria. If a site fails to meet any of the basic landfill criteria,
it is considered an "open dump." On the reservations studied, most disposal
areas failed to meet the four criteria summarized below:
1. the facility must not allow uncontrolled public access which could
expose the public to potential health and safety hazards;
2. the facility must not engage in open burning of solid wastes or
any other method or burning that could result in air pollution;
3. the facility mist not pose a hazard to the safety of persons or
property from fire and must comply with the requirements con-
cerning the proper application of cover material in such a manner
as to reduce the risk of fire; and
4. the facility must ensure that the on-site population of disease
vectors (rodents, flies, and mosquitoes capable of transmitting
disease to humans) is minimized through the periodic application
of cover material and through any other techniques appropriate for
protecting public health.
All disposal sites on the Northern Cheyenne, Fort Berthold, Wind River, and
Lower Brule Reservations failed to meet these criteria and consequently must be
classified as open dumps. Only the Southern Ute Reservation currently utilizes
a waste disposal system possessing an environmentally adequate landfill opera-
tion.
Reservations Requiring Upgraded Disposal Areas. At the Northern Cheyenne,
Fort Berthold, and Wind River reservations, open dumps proliferate. Each of
these reservations need to designate one or more current disposal sites to be
upgraded to meet the requirements of a sanitary landfill. The remaining open
dumps should then be closed, in accordance with proper closure procedures
discussed later in this section.
For example, two disposal sites located in the Lame Deer and Busby sectors
of the Northern Cheyenne Reservation are currently authorized for use by the
NCUC. These sites came into existence as a result of people dumping their trash
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in these areas as a matter of convenience. These sites were not designed and
operated as sanitary landfills and are therefore currently inadequate. In addi-
tion, because the access road at the Lame Deer site lies above an aquifer
recharge zone, dumping in this area enhances the potential for infiltration of
contaminants into the drinking water supply.
The Lame Deer site is located within a quarter of a mile of the largest
waste generation center, shielded from view, has potential for easy access from
main roads, and the capacity for expansion. If a new access road were con-
structed entering the site from the west, access to this site both for collec-
tion vehicles and landfill users could be greatly improved. Such an action
would also substantially alleviate present problems such as disposal over a
recharge zone, blowing trash, and improper containment of solid wastes. The
site could then be upgraded, in accordance with EPA criteria, and used as a
landfill. The remaining open dump sites on the reservation should be properly
closed to alleviate environmental problems and health hazards associated with
them. For example, an unauthorized site near Birn^y is situated in a gulley
which carries a perennial stream tributary to the Tongue River.
The fifth reservation, Lower Brule, currently uses only one open dump site
to dispose of its solid wastes. Due to the unique situation at this reservation
as a result of the relatively small tribal population, it may be more economical
for the Tribe to contract its landfill disposal to an off-site location (such as
the public landfill In Chamberlain, South Dakota) to alleviate the administra-
tive and financial burden that would be borne by a tribally-run program to up-
grade the existing dump site and maintain and operate it as a sanitary land-
fill The existing dump site should then be properly closed and reclaimed by
IHS,'borrowing equipment as necessary from BIA. Once the site has been properly
closed the tribe may choose to use the site as a temporary collection center
for abandoned vehicles as part of the basic resource recovery program outlined
later in this report.
Criteria for Landfill Siting, Design and Operation. Current RCRA require-
ments and guidelines for solid waste management facilities have established
criteria for the siting, design, and operation of sanitary landfills. These
requirements and guidelines will be applied nationwide as new facilities are
built and existing facilities are upgraded.
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In the siting of new facilities, the following parameters must be con-
sidered:
adjacent land uses and their proximity to the proposed facility;
hydrogelogical characteristics of the proposed site and its
ability to retard migration of contaminants into groundwater
resources;
topographic and climatological characteristics of the proposed
site and the potential for contamination of surface water
resources; and
site access and visibility.
In designing a new site or upgrading an existing facility, the following
factors are important:
controlled access and site security;
runoff/runon controls;
Inhibition of potential leachate migration;
protection from methane gas buildup; and
control of odor, vector, fire hazard and blowing trash problems
through application of daily cover.
Operation practices for a new or upgraded landfill should incorporate the
above concerns and include monitoring programs that would adequately detect the
following:
migration of contaminants into the groundwater system;
runoff of contaminated waters into local drainageways; and
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emission or buildup of methane gas.
Because the siting, design and construction of new disposal facilities are cost-
ly, upgrading of existing facilities should be given consideration.
Based on the above criteria, key aspects in siting, constructing and opera-
ting a landfill are discussed below.
Operational Design Features. The disposal site should be provided with
operational features and appurtenances necessary to maintain a clean and orderly
operation: (1) control of access to the site by fencing or other suitable means;
(2) an all-weather access road (if excessively bad weather makes the working
face inaccessible, it may be necessary to provide a landfill area near the
entrance to the site); and (3) suitable devices, such as portable fences, for
litter control.
In addition to the required features, other features that are highly recom-
mended include: (1) operational plans to direct and control the use of the
site; (2) signs indicating traffic flow, hours of operation, and any charges for
disposal; (3) dust control methods (these may require the use of chemicals,
oils, or water sprays); (4) communication devices for emergency use and for
operational control; (5) electrical service for operations and repairs; (6) fire
protection and fire-fighting facilities adequate to ensure the safety of
employees and provisions for dealing with accidental burning of solid waste in
the landfill; and (7) first-aid equipment and training.
Personnel and Personnel Facilities. In order to manage and operate the
site adequately the following are reccmmended: (1) a shelter for employees to
use during inclement weather; (2) a portable water supply for landfill person-
nel and collection crews; (3) sanitary toilets on or near the site, and (4)
training in the proper and safe operation of all equipment.
Equipment. To assure safe and efficient operation, the following are
required: (1) sufficient equipment for spreading, compacting, and covering
operations; and (2) arrangements whereby alternate equipment is provided within
24 hours following an equipment breakdown. As a further aid, the foliating are
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recommended: (1) safety devices on equipment to shield and protect operators;
and (2) maintenance and storage shelters.
Landfill Operation Procedures. Generally the following operations should
be carried out:
1. Access to the site should be controlled to keep unauthorized per-
sons out and to assist the landfilling operation. (Access should
be allowed only when an attendant is on duty and only to autho-
rized users).
2. Burning of waste material should be prohibited.
3. Blowing paper should be controlled by providing a portable fence
near the working area, and the entire area should be policed at
least daily.
4. Salvaging and scavenging should not be allowed at the working
face.
5. Provisions should be made for on-site control of potential gas
movement from the landfill.
6. Provisions should be made to ensure that no pollution of surface
or ground water occurs.
7. Operational records should be maintained daily. They should
include the type and volume of solid wastes received; type and
volume of cover material used; the portion of the landfill used;
and equipment maintenance and cost records. A monthly report
should be prepared that describes the amounts of solid waste
received, as well as the area of the fill used. Cost records
should be maintained, and the reports should be submitted to the
appropriate governmental agency.
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8. Upland surface drainage should be diverted around the site to
control infiltration at the fill site and erosion of the in-place
cover material.
9. Conditions unfavorable for the habitation and production of
insects and rodents should be maintained by carrying out sanitary
landfill operations promptly and systematically. Supplemental
vector control measures should be instituted when necessary.
Domestic animals should be excluded from the site, and proper
control measures should be used to control wildlife, if neces-
sary.
10. A detailed description and plat of the completed fill site (as
built) should be recorded with the BIA. These records can be
used to provide notice to future users and owners of the site.
The detailed description should include but not be limited to:
type and location of pollution controls, and original and final
terrain descriptions.
11. The working face should be as small an area as will allow safe
and efficient operation of the equipment.
12. The solid waste should be spread and compacted in thin layers.
In the construction of each cell, it should be spread into layers
that do not exceed two feet prior to compaction. The number of
layers Incorporated into a cell depends on the design and config-
uration of the site.
13. All solid waste should be covered daily with at least six inches
of compacted soil. Daily cover has several main functions: to
provide insect and rodent control; to provide fire breaks between
cells; to prevent exposure and blowing of litter; and to offer an
aesthetically pleasing site at the end of the working day. The
in-place cover must be maintained until further filling or the
addition of final cover 1s made.
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14. Final cover should be applied to any surface that represents the
final grade of the sanitary landfill; two feet of compacted soil
is required. The soil used for final cover influences the choice
of vegetation. Suitable grasses should be planted to prevent
erosion and surface deterioration. Final cover should be placed
over any completed section of the fill within seven days
following the placement of solid wastes within that portion.
Other useful procedures to be followed during landfilling include:
1. Supervision should be made available to coordinate all unloading
activities.
2. Special provisions should be made for vehicles being unloaded by
hand so that the flow of mechanically unloading vehicles is not
impaired.
3. Final cover should be graded to drain surface run-off water. For
this reason, it is best to slightly overdesign initial grades so
that when settlement occurs, the surface will be sufficient for
good drainage. The top surface should slope Iwo to four percent,
and the side slopes should not be so steep as to cause an erosion
problem.
Supervision and Inspection Procedures. The following recommendations
apply:
1. The supervisor of the operation should be an individual who has
had experience in earthmoving, waste handling, and disposal.
2. Routine inspection and evaluation of landfill operations should
be made by an IHS representative. A notice of any deficiencies,
together with any recommendations for their correction, should be
provided to the owner or agent responsible for the use of the
land and the agency responsible for the landfill operation.
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3. A representative of the appropriate regulatory agency should
inspect the completed sanitary landfill before the earthmoving
equipment is removed, and any corrective work should be performed
before the landfill project is accepted as completed. Arrange-
ments should be made for all cracked, eroded, and uneven areas in
the final cover to be repaired as required during the years
following completion of the fill.
Gas Production. The principal gaseous product of anaerobic decanposition
of organic wastes is methane, although other gases such as carbon dioxide,
nitrogen, and hydrogen sulfide, are also present. Wastes buried in landfills
undergo predominantly anaerobic decomposition, and the gases normally take the
shortest or easiest route to the surface. Occasionally, the presence of
fissures in, or surrounding, the filled land, sometimes in conjunction with the
presence of a surface barrier (such as a roadway or parking area), will cause
the evolved gases to travel large distances horizontally. In some cases, these
gases have found their way into basements of houses and buildings, resulting in
a serious threat to residents.
Sanitary landfill regulations require that ducts be incorporated into land-
fills to ensure that gases are discharged at a safe location. Building codes
for structures near new or old landfills normally require particularly stringent
standards for the construction of impermeable basements and for sealed and
ventilated underground services.
Gas 1s usually monitored to determine the rate of deccmposition of wastes
or to determine the direction of gas flow. Gas collection devices vary from a
simple "dry well" to an inverted gas-capturing container. Gases normally dif-
fuse upward; however if the cover material is sealed due to high clay content
compaction, or wet or frozen conditions, the gas pressure will build up and
travel laterally until it reaches an escape location. Gas barriers and gas
channelling devices are advisable for problem landfill sites to vent the gases
at selected locations.
Leachate Production. During decomposition, organic wastes normally produce
a liquid which is termed a leachate. In landfills, some of this liquid is
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extracted from garbage and results from the pressure applied by the fill above.
Another principal component of leachate 1s rain water which, during its passage
through the landfill, can dissolve a large range of materials. Leachate can
filter through soils underlying the fill and migrate downward into a groundwater
supply. The potential generation and movement of leachate are thus important
considerations in the design and operation of a landfill.
Groundwater Monitoring. In monitoring for changes in ground or surface
water quality, it is important to assess the background natural water qualilty.
Otherwise, constituents present in the natural water may later be attributed
erroneously to the landfill. Controlled groundwater sampling and analysis is
presently the most common type of landfill monitoring. A ground-water moni-
toring system should include at least one well upgradient from the landfill, and
three wells downgradlent. Typical groundwater-monitoring includes dissolved
solids, hardness, chloride and other parameters. The chloride ion has been
shown to be an excellent tracer of leachate influence on groundwater. Other
analyses commonly run are pH, alkalinity, nitrates, coHfonn, conductivity,
phosphates, calcium, sodium, postassium, BOD5, COD, and heavy metals.
Septic Disposal Problems
In many rural areas, the effective disposal of septic tank sludge can be a
major problem. A review of current methods of septic sludge disposal was
conducted for each of the reservations. Findings are summarized briefly in the
Current Status section below.
The current septic disposal problems on the reservations can be alleviated
by implementing suitable alternative disposal methods such as disposal by sani-
tary landfilling, or landspreading of septic sludge in mined land reclamation
areas or on agricultural lands. The criteria for landfilling or landspreading
septage in an environmentally sound manner and in conformance with the appro-
priate Federal guidelines as developed under RCRA, are detailed in a later
subsection of this chapter.
Current Status. Four of the five reservations have no current septage
problems. In Lower Brule, Fort Berthold, and Northern Cheyenne, most of the
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homes in communities on these reservations are currently served by a sewage
system with lagoon treatment. In dwellings outside the established communities,
only minor septic problems exist. On the Southern Ute Reservation, the tribe
owns the sanitary sewer collection system. This system discharges into the
Ignacio Sanitation District's collection system, which in turn discharges into
the district's lagoon system. The lagoon system provides a 2.3 acre aerated
cell and a 7.7 acre polishing pond with a submerged gravel filter to remove
suspended solids from the effluent. Effluent is discharged into Ignacio Creek,
which discharges into the Pine River. Both the collection system and treatment
facilities are adequate to serve the surrounding Indian homes and government
facilities. For those homes not connected to the sewer system, the soil and
geologic characteristics on the Southern Ute Reservation are compatible with a
septic tank/leach field disposal system.
At the Wind River Reservation, septic sludge is currently being disposed in
open dumps. Poor disposal techniques and the precarious environmental setting
of these sites have created the potential for leachate contamination of ground
and surface water.
If coal mining occurs in the future on the Wind River Reservation, land-
spreading may be a viable septage disposal alternative, since the high organic
content of sludge makes it a valuable soil conditioner for mined land reclama-
tion. This is currently being done on some reclamation sites in the Rocky
Mountain region and provides the opportunity to dispose of sludge in an environ-
mentally beneficial manner. If this plan is used, guidelines concerning land-
spreading of septic sludge should be met in accordance with EPA's Interim Final
Regulations developed under the authority of RCRA, effective October 15, 1979.
These guidelines are summarized in the Proper Landspreading Practices later in
this chapter.
If landspreading of sludge through mined land reclamation proves infea-
sible, alleviation of the septic problem can be achieved through proper landfil-
ling procedures, in compliance with EPA's Interim -Final RCRA regulations.
Proper landfilling procedures are detailed in the next subsection.
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Proper Landfill Disposal of Septage. In accordance with the appropriate
EPA criteria, proper landfill disposal of septage must take into account the
following: analyses of soil characteristics; seasonal groundwater levels;
neighboring land uses; ground and surface water protection and monitoring; cli-
mate; and site protection devices (e.g., signs and fences). If septage is land-
filled, leachate production and migration should be periodically monitored. To
properly dispose of septage in a sanitary landfill, a mixing ratio of ten gal-
lons of septage for each cubic yard of solid waste should be adhered to, in
order to achieve proper moisture absorption. Six inches of cover material
should be applied daily at landfills where septage is disposed. Two feet of
final cover should be emplaced no more than one week after placement of the
final lifts.
Proper Septage Landspreadlng Practices. The procedures below summarize the
most recent EPA guidelines for landspreading as summarized in the EPA Technology
Transfer Seminar Publication, Alternatives For Small Wastewater Treatment
Systems:
1. Prior to application or incorporation, sewage sludge applied to a
land surface or incorporated into soil must be treated by a
process to significantly reduce pathogens (i.e., aerobic diges-
tion, air drying, anaerobic digestion, composting or lime stabi-
lization);
2. Public access to the site must be controlled for at least 12
months after the final application of sewage sludge; and
3. Grazing by animals whose products are consumed by humans must be
prevented for at least one month after the final application of
sewage sludge.
For septic tank pumpings, application to land surfaces or soil incorpora-
tion requires treatment by a process to significantly reduce pathogens prior to
application or incorporation, unless both the requirements outlined in (2) and
(3) above are met.
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In instances where crops for direct human consumption will be grown within
18 months after land application or site incorporation of sewage sludge or
septic tank pumpings and the edible portion of the crop comes in direct contact
with the waste, the sludge or pumpings must be treated by a process to further
reduce pathogens prior to application or incorporation (i.e., composting heat
drying, heat treatments, thermophilic aerobic digestion, beta ray irradiation,
gamma ray irradiation, or pasteurization in conjunction with any of the above).
EPA recommends that landspreading take into account runoff conditions, and
that land slopes should be limited to eight percent. Storage facilities are
necessary for times when land application is inadvisable: before and during
precipitation to prevent runoff of contaiminated water; and when surfaces are
frozen to prevent runoff during thaws. Control procedures and loading criteria
should also be considered.
Evaluation of the Threat to Public Health and the Environaent
Based on the site investigations, determinations were made as to whether
any existing disposal practices pose a current or potential threat to public
health and the environment. Disposal procedures that were noted on reservations
that may cause health and environmental threats include: improper siting,
construction, and maintenance of landfill areas; inadequate or infrequent
collection of wastes; insufficient sorting and separation of wastes;
Indiscriminate dumping; and unauthorized burning of wastes. Important indi-
cators of such poor waste management practices include the presence of vectors
and large amounts of windblown trash throughout the study areas.
Health and environmental problems which result from such practices include:
degradation of ground and surface water quality near unauthorized disposal sites
or improperly sited and constructed landfills; surface water contamination from
unauthorized dumping in streams; disease and odor problems caused by decomposing
animal carcasses and vector disturbance of waste; and air pollution due to
burning of trash. Where such problems were identified, recommendations for
initiating remedial measures have been provided.
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Current Status. Degradation of ground and surface water quality is a pro-
blem at the Northern Cheyenne Reservation. A potential for groundwater contami-
nation also exists at Wind River. Decomposition of animal carcasses is a pro-
blem at every reservation except Southern Ute. Open burning of trash, however,
occurs on all reservations including Southern Ute. All reservations also have
vector problems as a result of abandoned cars and/or the absence of daily cover
at disposal sites. Similarly, scattering of wastes by animals occurs at most
reservations.
Conditions that suggest water contamination problems at the Northern
Cheyenne Reservation are worthy of attention. They include the following:
The unauthorized dumps near the Lame Deer disposal site threaten
the community water supply, since it is located on a geologic rise
above the aquifer tapped for Lame Deer's water. A number of
groundwater monitoring, soil, and gas tests must be performed to
assess current impacts. Tests and contaminants to be sampled for
are summarized below.
Yhe Birney disposal site is located on a contaminated stream which
flows through the refuse and into the Tongue River. Several
abandoned cars provided shelter for vectors and wildlife. The
site needs to be properly closed and monitored.
Assessing Water Contamination. Methods for determining the extent of such
water contamination problems are summarized belcw.
-- A number of groundwater, soil and gas tests must be performed to
assess current impacts, track the upgrading of the disposal area,
and aid in the approval of a site as a landfill. These tests
include water well/drinking water standard tests, methane gas
sampling and leachate monitoring tests.
— Because groundwater contamination may have occurred, groundwater
samples should be collected to determine ambient water quality
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conditions. Samples should be analyzed for the following constit-
uents: pH, specific conductance, total dissolved solids, chlo-
ride, and iron. Additionally, existing wells should be resampled
for analysis of conform bacteria originating from septage contam-
ination that may have occurred subsequent to the approval of the
well installations by the appropriate health authority. The
findings of any elevated levels of these constituents would indi-
cate the need for quarterly sampling and analysis.
— Stream sampling and testing for indicator water quality parameters
such as temperature, pH, electrical conductivity, coHform
bacteria, turbidity, dissolved oxygen, biological oxygen demand,
alkalinity, chloride and nitrate should be conducted.
Until the extent of water contamination is determined, it is impossible to
make specific recommendations for mitigating the contamination. The reservation
should seek technical assistance from the appropriate federal agencies, in order
to initiate procedures for conducting such a contamination assessment and reme-
dial program.
Preventive Measures. A sound and comprehensive solid waste management
program is the best means of preventing future threats to public health and the
environment. All of the waste management practices recommended in this report
will eliminate problems which currently pose health threats and help to ensure
against them reoccurring in the future. Development of a properly operated
sanitary landfill site, in conjunction with a comprehensive collection system,
will eliminate the open burning of trash which poses fire hazards and air pollu-
tion problems and will also serve to discourage proliferation of vector popula-
tions.
Implementing means for separating inappropriate wastes such as animal
carcasses from other wastes will rid the reservations of the health threats
posed by such decomposing matter. The collection, and proper disposal of
carcasses is an important component of solid waste management, due to the health
problems that can result from the decomposition of uncovered remains. As
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indicated earlier, most reservations have problems associated with decomposing
animal carcasses. Trenches should be dug in the fall so that burial space is
available when the carcasses are collected and ready for disposal in the spring.
Also, carcasses should be flagged during the winter so that they can be easily
identified during spring clean-up. Because the carcasses decompose rapidly,
they should be buried and covered as quickly as possible in an area separate
from the landfill.
Most reservations also have vector and safely problems resulting from aban-
doned cars. The situation can be significantly improved through implementation
of an abandoned vehicle disposal program, as discussed in the Resource Recovery
section later in this report.
Finally, proper closure of open dumps and upgrading of certain existing
facilities into sanitary landfills, in accordance with the procedures discussed
in the previous section, will contribute greatly to the elimination of environ-
mental and public health threats currently posed by these areas.
These measures will be best accomplished through direct tribal government
involvement, in conjunction with an educational program that conveys the
importance of proper waste management.
Resource Recovery
Since the advent of the Resource Conservation and Recovery Act of 1976,
resource recovery has increasingly been viewed as a valuable waste management
option in the field of solid waste management. Resource recovery poses some
significant advantages over traditional waste management practices, such as
landfill disposal. It conserves valuable resources, and aids in reducing both
the number and size of landfills, as well as the consequent envirormental pro-
blems resulting from poor landfilling practices. In addition, implementation of
a pgsourcfi recovery program can sometimes provide needed jobs and income to
economically depressed areas.
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However, the feasibility of developing a resource recovery program on a
local level 1s dependent on a number of factors including overall population,
population distribution, the availability of nearly markets for recovered
resources, hauling distances, and adequate transportation routes.
For each of the five reservations, the potential of utilizing some form of
resource recovery was assessed, as well as the feasibility of implementing a
successful recovery program and incorporating it into a sound overall solid
waste management program. A brief summary is provided below of the current
status of resource recovery on the reservations. In addition, a basic recovery
program that could be implemented by each of the reservations is outlined.
Where unique site-specific factors would augment or alter this basic approach,
this information and its impact on the development of a future program for a
specific reservation have been noted.
Current Status. At present, limited resource recovery is currently being
practiced at only one of the reservations, Fort Berthold, with the occasional
collection crushing, and hauling away of abandoned automobiles. The potential
for limited resource recovery does currently exist on all five of the reserva-
tions through the reclamation of abandoned vehicles and discarded aluminum.
These materials, which were often observed scattered along roadsides and ravines
and near junkyards and dumps, constitute an aesthetic and environmental nuisance
for the tribal waste management organizations. They also provide habitats for
vector populations.
Unfortunately, certain general factors common to all of the reservations
pose significant obstacles to the Implementation of any, but the most sim-
plistic, recovery programs. Like other rural communities, the reservations
(with the possible exception of Wind River) do not generate sufficiently Urge
i ma+oriaU to suDDort an economically viable recovery
quantities of recyclable materials to suppur
nf the reservations, wastes tend to be generated in
program. Moreover, on each of the reserve u
across a large overall acreage, hinder-
several different communities dispersed across * y »
In addition, several of the reservation
ing easy collection operations. .in aaait.u ,
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(notably Wind River, Lower Brule, and Northern Cheyenne), are currently sepa-
rated from markets for recycled materials by extremely long distances ranging up
to hundreds of miles. These hauling distances, and in several instances, the
absence of rail service, impose serious limitations on resource recovery.
Such constraints, however, should not discourage the tribes from estab-
lishing a limited resource recovery program. Such a program would be benefi-
cial, since it would serve to reduce the overall vector population, remove the
dangers posed to children's safety by removing abandoned vehicles, as well as
contribute to the overall enhancement of waste management operations. A rela-
tively simple initial recovery program, easily adaptable to any of the reserva-
tions, is outlined below.
implementing A Recovery Program. Each of the tribes
should develop a basic two-part recovery program that includes an aluminum
recovery program and a vehicle recycling program. Wherever possible, these pro-
grams should utilize volunteer support to minimize operational expenses.
Aluminum Recovery Progr®. A program for the recycling of aluminim should
be implemented on each of the reservations. The market for recycled aluminum is
good with current prices at about 20f/pound. All tribal members, especially
children, should be encouraged to collect aluminum cans to be sold to the tribe
which in turn, would sell them in volume to the aluminum processors located
nearest to the reservation. For example, the Adolph Coors Company of Golden,
Colorado, would serve as a suitable market for aluminum recycled on the Southern
Ute Reservation.
Vehicle Recycling Prograu An essential first step 1n the development of a
viable vehicle recovery progran Is the designation of a separate disposal area
for the Interim collection of abandoned automobiles. Ideally, the disposal area
should be situated within easy access of all major population centers, and adja-
cent to a reliable all-weather road. If possible, It may be useful to situate
the vehicle disposal area In close proximity to the current major conmuniv
disposal area. The disposal area should be properly shielded fro public view
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and cordoned off in some way to prevent children from entering it. Site size
should be geared to the supply of materials, which in this instance is small.
It is estimated that the number of automobiles abandoned each year on the reser-
vations ranges from 50 to 200 vehicles. Thus, a site encompassing two acres
would probably represent an adequate site size.
Once a site has been selected, an initial clean-up campaign should be
launched to haul all abandoned vehicles currently dispersed throughout the
reservations to the newly designated vehicle disposal area. Next, each reserva-
tion should conduct continuing education programs which advocate abandoned
vehicle collection and storage. When the number of vehicles are economically
sufficient, volunteer labor should be considered for removal, in order to help
programs reach financial break-even status. Tribal management should then
contract for the sale of such vehicles to outside contractors, if possible. For
example, Albuquerque, Phoenix, and Salt Lake City all provide markets for auto-
mobile parts in sufficient proximity to the Southern Ute Reservation.
Education programs can also stress the advantages of individual, community
and school aluminum can collection and redemption for fund raising efforts, as
well as for the improvement of the environment by reducing the volume of wastes
and the need for landfill space. Recycling and/or collection on any effective
scale will require a continuing information program. Complete information pro-
grams should be offered at least once a year and phone numbers for information
on these programs should be published and posted on a continuing basis.
Additional Recommendations. Two of the five reservations, Northern
Cheyenne (Montana) and Fort Berthold (North Dakota), are located within states
that have recently enacted legislation creating mechanisms for dealing with the
abandoned vehicle problem. These State programs are discussed briefly below.
Montana's Junk Vehicle Disposal Law requires each county to establish a
motor vehicle "graveyard" where any citizen may place a vehicle without charge.
The county is also responsible for establishing a collection program for aban-
doned vehicles. The program is financed by a special junk vehicle disposal fee
on each new application for a motor vehicle title or title transfer, other
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special fees, and the sale of the vehicles to private car-crushing firms. The
program stipulates that each collection point must have a minimum of two acres
of land and be properly shielded from public view. After each county graveyard
has accumulated 200 vehicles, a contract is obtained with a private firm to
crush the vehicles and transfer them to a shredding plant.
North Dakota has also taken steps to assure that its abandoned cars are
salvaged through the Abandoned Automobiles Act of 1973. Almost all of the
counties in North Dakota have adopted this optional, State-funded program. The
State Department of Health, charged with the administration of the program,
recommends that cities and municipalities provide permanent, free collection
areas for residents to deposit junk automobiles. Suggestions have been made to
locate such collection areas adjacent to existing landfill areas. Repositories
will allow residents to rid themselves of scrap without being charged a fee.
Enhancing the implementation of the program are portable compactors which can be
dispatched to rural areas to crush accumulated vehicles. Although marketing of
crushed materials has been an inhibiting factor to the success of the program,
private scrap metal buyers have given the program a reasonable degree of eco-
nomic viability.
The existing programs in Montana and North Dakota are marginal and rely on
State support and sensitive market factors. However, these programs could offer
the means for the Northern Cheyenne and Fort Berthold Reservations to adopt
abandoned vehicle recovery programs, if the number of vehicles abandoned
annually on these reservations seems insufficient to justify the establishnent
of a solely tribal-administered program. In such cases, the tribes may wish to
explore the possibility of interfacing with these state programs through their
state and county governments.
Energy Development Impacts and Initatives
All of the reservations with the possible exception of the Lower Brule
Reservation have commercial quantities of one or imre developable energy
resources. The Southern Ute, Fort Berthold, and U1nd River Reservations are all
currently Involved In oil and gas production, with Increased gas production
likely at Wind River.
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Future development of coal on the Northern Cheyenne, Southern Ute, and Fort
Berthold Reservations could bring significant changes in the economic develop-
ment of these tribes. Coal on each of the three reservations is recoverable by
surface mining. The potential for future gasification or coal liquefaction
projects exists for these reservations, although no such plan has been proposed
to date.
In Chapter 2, potential energy and mineral resources on the reservations
were previously discussed. This section focuses on the general implications of
energy development and their relationship to the potential for both exacerbating
and mitigating solid waste problems.
The actual mining of the coal and proper reclamation of the land following
mining activities should not result in any significant waste management problems
for the reservations. However, coal mining and other energy development
projects can create a number of social and economic effects and environmental
disturbances. Physical alteration of the terrain will preclude alternative uses
of the land during mining and will restrict certain uses after mining. Any
large energy development project will alter the social and economic structure of
the tribes as they exist today. While the energy companies will be responsible
for properly disposing of mine wastes, secondary solid waste impacts will likely
occur as a result of construction-related wastes and a locally-increased work
force.
Where revenues from projected energy development are sufficient to signifi-
cantly alter economic development of the areas, funding mechanisms for solid
waste management should be explored. Solid waste management funding fro energy
development 1s allowable under the Federal Land Policy and Management Act of
1977. Monies are transferred from the energy companies to federal authorities,
and ihen to tribal authorities (e.g., from BLM to 8IA). while solid waste man-
agement programs may be eligible for some funding as a result of public health
implications, it 1s not reasonable to expect that more than a fraction of the
revenues will be applied to such programs. Other programs may usurp any direct
benefit from energy development to solid waste management. Competing for such
revenues will be schools, job training, sewage treaflnent, road construction,
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hospitals, police, recreation facilities and programs for the elderly. Nonethe-
less, this mechanism offers an avenue of support worth investigating. If even a
relatively small amount of funds can be directed toward implementing a simple
solid waste management program, it would still represent a significant improve-
ment in the quality and status of waste management operations on the reserva-
tions.
Manageaent of Solid Waste Programs
Previous sections of this chapter have addressed a number of physical and
technical problems associated with existing waste management activities on the
reservations. In response to such problems, recommendations in this report thus
far have concentrated on alleviating these conditions by implementing a series
of technical improvements to existing waste disposal practices.
While such an approach is necessary for resolving individual site-specific
problems, improvement of the entire solid waste management program cannot be
fully achieved without making administrative changes as well.
Current Status. Only two of the five reservations -- Northern Cheyenne and
Southern Ute — currently have a specially designated organization responsible
for overseeing day-to-day solid waste management activities. The Northern
Cheyenne Utility Commission (NCUC) oversees water, solid waste, and sewage oper-
ations on the reservation. It is responsible for operating water wells, stand
pipes, water lines, sewer lines, sewage lagoons, and solid waste collection and
disposal activities. The Commission, which has three full-time and three part-
time employees, is set up to operate as a private enterprise with a Board of
Directors and a Manager/Operator directly under the Board's supervision.
Unfortunately, despite the formal arrangement of the Commission, inccme derived
from individual and commercial subscribers is insufficient to cover management
and operational costs, as was originally intended. This is in part due to
delinquency in payment by some existing subscribers as well as the low overall
ratio of participation (23 percent of total residential units) due to the fact
that the waste collection program has not been made mandatory for tribal resi-
dents.
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In contrast, Southern Ute's solid waste management activities are overseen
by a more informally organized utility commission. The Tribe currently
possesses an effective overall solid waste management program administered by
the Southern Ute Utility Commission (SUUC). The SUUC is composed of the Tribal
Executive Officer, an accountant and the Utility Manager and meets on an as-
needed basis, to discuss and resolve waste management problems. The Utility
Manager is responsible for day-to-day operations of solid waste, sewer, and gas
systems and is assisted in these operations by two full-time employees. In
developing and implementing its solid waste management program, the tribe has
received technical and financial assistance from IHS.
Developing an Effective Haste Manageaent Organization. With the exception
of Southern Ute, each of the tribes need to designate some organization or
organizations to implement and operate waste collection and disposal activities
on the reservation. Solid waste management operations should be institution-
alized in a manner similar to other principal functions of tribal government.
A crucial element in structuring waste management is the support and direct
participation of the Tribal Council. Since a properly operated solid waste
management system is essential to ensure protection of the public health and the
environment, the Tribal Council's direct involvement is necessary. Outside
sources such as EPA and State health agencies should provide only expert techn-
ical assistance on an as-needed basis. In addition, as the most respected and
effective voice on the reservation, the Council's participation in enacting and
overseeing solid waste regulation should help to ensure the programs's accept-
ance by the community as a whole.
An example is provided below of one approach to implementing a simple solid
waste management authority. This example is meant only as a model for develop-
ing a basic institutional structure to oversee solid waste management. Many
other appropriate methods for structuring such a program exist. The exact
organizational structure developed should be designed to meet the specific needs
of the community and should be structured in a manner most conducive to opera-
ting successfully in conjunction with existing tribal organizations.
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Figure 7 illustrates a framework within which a solid waste system can func-
tion. Duties and responsibilities for each group or office are identified
below. This system can be expanded or modified as necessary to suit the parti-
cular needs of a given tribe. For example, for a smaller tribe, the TUC General
Manager could be eliminated and one Operations Manager could be responsible for
all utility operations. On a more densely-populated reservation or one shared
by several tribes, some responsibilities of the Tribal Council might be shifted
to an Environmental Board that would oversee and coordinate all environmental
programs on the reservation.
Tribal Council's Duties. The Tribal Council's first solid waste management
responsibility is to determine the overall goals to be achieved on the reserva-
tion. These goals will help to determine the specific type of system to be
implemented. Based on these goals, the Council should enact tribal ordinances
which prohibit any solid waste disposal or management activities that are detri-
mental to public health or the envi rorment. For example, ordinances could be
developed that would prohibit dumping, open burning, littering; and would make
it mandatory for all tribal residents to use the waste management systair adopted
by the tribe. Such ordinances have been successfully developed by the Blackfeet
Tribe on their reservation located in northern Montana. Ordinances could also
be adapted from current EPA regulations to specify the correct criteria for
siting, design, and operation of a sanitary landfill.
The Council should also authorize the creation of a tribal utility commis-
sion, or if a TUC alreac|y exists, extend its authority to cover solid waste
management operations in addition to overseeing water and sewer services. The
Council may also want to consider setting up the TUC as a chartered tax-exempt
entity of the tribe. This practice is commonly employed by states, counties,
and cities to exempt them from federal, state, and local taxes.
In addition, it should be the Council's responsibility to explore mechan-
isms for securing adequate financing and to request technical assistance from
federal agencies responsible for health and sanitation on the reservation. The
Council should also develop operational standards and procedures to be followed
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FIGURE 7
ORGANIZING SOLID HASTE MANAGEMENT
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by the TUC, review these procedures and their efficacy periodically, and meet as
needed with the solid waste manager to discuss problems with waste management
operations and potential solutions for such situations.
TUC-General Manager. If necessary, a utilities operation can be divided
into water, wastewater, solid wastes, and other operations. In such cases, a
General Manager may be designated who has responsibility for overall utilities
operations. He should coordinate all activities of the utility service. The
General Manager should also evaluate each area of responsibility periodically
and inform the Operations Manager of changes that should be made. He should
also submit monthly income and cost records to the Tribal Council and meet with
them as necessary to discuss any impending changes in overall tribal operations
that could affect utility operations. Finally, he should develop and oversee a
public awareness program for community members.
Solid Waste Operations Manager. This person should serve both as the land-
fill operator and the supervisor and trainer of all other personnel involved in
solid waste operations. The Operations Manager should thus have a working know-
ledge of all equipment used, be skilled in landfill and solid waste management,
routing and scheduling, operational safety and first-aid, and personnel training
and supervision. He should be responsible for all recordkeeping pertaining to
landfill management and waste collection. His duties should include preventive
maintenance scheduling and a periodic system evaluation. Finally, the Opera-
tions Manager should also work in conjunction with the General Manager to deve-
lop and implement a public awareness program for the community.
Other Personnel Associated with Solid Waste Management. A bookkeeper/
accountant should be responsible for the day-to-day office operations of the
utilities organization including billing, procurement and payment. Route
drivers will be required for waste collection activities and should be skilled
or trained in truck driving, operational safety, and first-aid and preventative
maintenance. A mechanic is also needed who is familiar with all equipment
used. He should have a knowledge of diesel and gas engines, standard and auto-
matic transmissions, hydraulic systems, welding, preventative maintenance and be
trained in safety and first-aid.
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CHAPTER 4
CONCLUSION
Solid waste management needs to be perceived by all involved as a major
component of a comprehensive environmental program for the reservations. While
it is understandable that this issue was dwarfed in the past by larger problems
posing a more serious threat to the welfare of the tribes -- nutrition, employ-
ment, education, job training, cultural cohesiveness -- and while these concerns
still must dominate the attention of both the tribal and federal governments,
the time has come to recognize the need for implementing a sound solid waste
management system for each reservation.
The focus of solid waste management must be on waste control, starting at
the generation point and continuing through collection and transportation to
final disposal in a sanitary landfill. Such a program requires both the full
support of the tribal government and of the federal agencies currently providing
assistance to the reservations. To achieve this, participation in the waste
collection system must be mandatory for all tribal residents, and the Tribal
Council must enact basic ordinances prohibiting poor waste disposal activities
currently plaguing the reservations, as described throughout this report.
The federal agencies, in turn, must recognize solid waste management as a
function of their overall responsibilities to help protect the health and wel-
fare of the Indian tribes. If possible, a portion of monies currently allocated
for other utilities operations (primarily directed at sewer and water services)
should be redistributed to solid waste services, in order to provide some guar-
anteed funding in this area. Technical assistance and funding should be front-
ended to the maximum extent possible, in order to alleviate problems created by
past ignorance of proper waste management activities. Once these problems are
resolved and a proper system is implemented, the primary responsibility for
managing and operating the solid waste program should rest with the tribe's
designated utility authority, and federal agencies need only provide minimal
guidance as necessary.
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Finally, a public awareness program should be implemented for tribal resi-
dents of all ages that encourages participation in the solid waste management
program and that strives to increase the community's understanding of the bene-
fits of adhering to proper waste management procedures.
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REFERENCES
U.S. Environmental Protection Agency, September 13, 1979, Criteria for
Classification of Solid Waste Disposal Facilities and Practices, Final,
Interim Final, and Proposed Regulations: Federal Register, Part IX, v.44,
no. 179, pp. 53463-53464
, October 1977, Alternatives for Small Wastewater
Treatment Systems - On-Site Disposal/Septage Treatment and Disposal: EPA
Technology Transfer Seminar Publication, EPA 625/4-77-011.
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