TRIBAL WASTE
Journal
DEVELOPING AND IMPLEMENTING CODES AND
Ordinances on Tribal Lands
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United States
Environmental Protection
Agency
Issue #12 October 2021 I EPA530-F-21-003
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CONTENTS
WASTE CODES 3
DEVELOPING A PROCESS FOR WRITING WASTE CODES 4
COMMUNITY ENGAGEMENT AND IMPLEMENTATION 7
CASE STUDIES . 10
The Pueblo of Jemez's Successful Code Development Process 10
The Ekwok Village Council's Waste and Construction Debris Codes 12
Plastic Bag Ban of Metlakatla Indian Community 14
Preserving Tribal Traditions: Addressing Automobile Abandonment in the Yurok Tribe 16
Solid Waste Act of the Santee Sioux Nation 18
RESOURCES.. 20
KIDS' PAGE 22
CONTACT INFORMATION
Tonya Barnett
U.S. EPA
Office of Resource Conservation and Recovery
barnett.tonya@epa.gov
Kim Katonica
U.S. EPA
Office of Resource Conservation and Recovery
katonica.kim@epa.gov
ACKNOWLEDGMENTS
EPA Region 3
• Formerly of Jill Grant & Associates - Mary
Clemmensen, Attorney
• Department of the Interior, Division of Indian
Affairs - Brandon Sousa, Attorney-Advisor
EPA Region 6
• Pueblo of Jemez - Tammy Belone, Program
Manager, Natural Resources Department
EPA Region 7
• Santee Sioux Nation - Page Hingst, Manager,
Tribal Response Program
EPA Region 9
• Yurok Tribe - Kori Ellien, Environmental
Enforcement, Response and Education Division
Manager, Environmental Department
EPA Region 10
• Native Village of Ekwok - Lorraine King,
Environmental Coordinator
• Metlakatla Indian Community - Gavin Hudson,
Field Representative, Metlakatla Field Station,
Bureau of Indian Affairs
Photo Credit Page 14: Bryan Hayward
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"Ultimately, a law is only good if it serves
a necessary purpose and works for the
community that it governs."
- Annie Perry, Legislative Attorney at
Snowpony Consulting, PLLC
Most communities create waste. For tribes, a waste code
is a law to help reduce the amount of unregulated waste
within a tribes jurisdiction. Tribes create waste codes
to protect the natural world and the people, plants, and
animals who inhabit it.
Every tribal community has a different process for
writing and passing tribal law, but the processes share
similar steps. While tribal waste codes vary in their purpose, implementation, and impacts, successful tribal
codes often share one trait: they are created by and for the communities they serve. Many tribal codes attempt
to resolve an issue identified in a tribes Integrated Waste Management Plan (IWMP). The IWMP outlines a
tribes plans to reduce, manage, and dispose of its waste by detailing existing systems, as well as highlighting
needs for more effective and sustainable waste management in the future.
While many tribes face similar waste management issues, no two tribes are likely to implement the same
solution. The design, implementation, and enforcement of a code can be woven into a tribes unique culture.
Therefore, careful consideration of the context and community is often part of fostering a successful code.
Why Are Waste Codes Important for Tribes?
Without a waste code, it may be difficult for a tribe to
change the community's behavior to address the root
causes of the waste issues at hand. Waste codes dictate
what people can and cannot do, as well as what will
happen as consequences of their actions. Codes are an
important tool to help manage waste issues.
However, the true power of codes is not the
enforcement mechanism - it's the community buy-
in. Community buy-in is what allows for behavioral
changes. Unless the community sees the need for the code and agrees with the enforcement measures, the
behavior that causes the waste management issue in the first place is unlikely to change.
In a way, waste codes serve as a reminder of a tribe's roots to protect and care for Mother Earth and can be
based on traditions that matter to the tribe. Codes can ultimately help a tribe address its unique issues and
honor and preserve its traditions for future generations.
"The only way that any Indigenous people
can be in a place for thousands and
thousands of years is to be a part of natural
cycles and not destroy them. Waste codes
reinforce this truth for our people."
- Gavin Hudson, Metlakatla Indian
Community
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A step-by-step guide for tribal environmental professionals who want
to develop a waste code for their tribe.
While each tribe's process might look different due
to community needs, waste systems, and tribal
governmental structure, there are some universal
steps for developing an effective process for drafting,
implementing, and enforcing waste codes.
Step 1: Identifying Issues and Expectations
When first thinking about developing waste codes, you
may want to consider the following questions:
• What are the main issues the code should address?
• Will the code address broad waste issues or focus
on a specific reoccurring problem within the
community?
• What are the expected outcomes from
implementing and enforcing a waste code?
• Who are the key stakeholders within the
community that could be a potential champion for
the code?
• What benefits will the tribe receive from the code?
• What are the feasible enforcement mechanisms?
• What are viable consequences for noncompliance?
NOTE: the word "code" means "law." Other
words for "law" include "ordinance" and
"act." They are interchangeable, and every
tribe chooses what word to use when
referring to tribal law.
Step 2: Choosing a Focus Area
Whether you are developing a new waste code or
updating an old one, it is often helpful to focus on a
single issue at a time. This focus area could be a waste
issue that is important to the community or one that
is a prominent problem for the tribe. For example,
Gavin Hudson, a member of the Metlakatla Indian
Community in Alaska and author of the tribe's code
banning plastic bags, found that plastic bags were a
prevalent source of litter and a noticeable eyesore for
the community. Therefore, he decided to develop a
waste code that specifically implemented a plastic bag
ban. Once the tribe has the capacity to develop more
waste codes, they can build off the existing, issue-
specific code.
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DEVELOPING A PROCESS FOR WRITING WASTE CODES
Step 3: Conducting Research
Research can help tribes to identify example codes and
to understand legislative and administrative processes
for code development. Existing waste codes from other
tribes may be useful. The National Indian Law Library,
through the Native American Rights Fund (https://narf.
org/nill/index.html), houses existing tribal codes that
could serve as models when drafting new codes. Codes
from other tribes can be modified to fit the needs of a
tribes legislative and administrative processes.
Step 4: Writing the Code
Codes will often look different based on the diverse
range of issues they are meant to address. Some codes
have multiple authors, while other codes will have one
author. When there are multiple authors, it is important
to ensure that the language is consistent and concise.
While the writing process may vary from tribe to tribe
and additional sections may be necessary depending on
the code, many waste codes include these elements:
• General Provisions - Requirements of the
code. This section might provide background
information that the audience may need to know
about the code, including title, authority, and/or
other codes that might relate to this one.
• Prohibited Acts - What is not allowed. This
section might provide information on why a tribe
created their code, as well as what actions the code
attempts to deter.
• Substantive Provisions - What is allowed. This
section might provide information on what actions
related to the prohibited acts are still allowed.
• Enforcement - Hie consequences for
noncompliance. This section might include
information on enforcement mechanisms, as well
as what happens when a code is violated.
• Rulemaking and Judicial Review - How the issue
will be addressed in the future. This section might
include information on what will happen in the
years to come if the code loses relevance or needs
to be updated.
Each code requires its own unique drafting and
editing process to be successful. EPA and Indian
Health Services (IHS) jointly fund training classes to
assist tribes with writing codes and ordinances. The
trainings are offered through the Institute for Tribal
Environmental Professionals (ITEP).
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DEVELOPING A PROCESS FOR WRITING WASTE CODES
Tips for Writing a Waste Code
The following are suggested best practices for all code writers:
Review your tribe's existing code. Not
all tribes have existing codes, but if your tribe
does, they may serve as a valuable resource.
Familiarizing yourself with any existing codes
and ordinances helps to ensure that new codes
match the language of existing codes (as much
as possible). Reviewing existing codes can
also prevent a new code from contradicting
information or actions in existing codes. Tribes
with no existing codes might use other tribes'
codes as inspiration for the type of language to use
or as a template for content to include in the code.
Find a champion. For example, some tribes
might select a tribal council member or key
stakeholder. Tins person could provide support
throughout the entire development process, help
get buy-in from community members, or push for
the code's success in tribal council.
Pick the right writer. It is often helpful for
the person drafting the code to have a good
understanding of how the tribe s legislative
process works. Drafting a code with the legislative
process in mind may prevent misdirection or
hindrances.
Keep it as simple and concise as possible.
Shorter, clearer codes are often the easiest to
understand - and in many cases, the more people
understand a code, the more likely they are to
comply.
Use plain language. Many waste codes can be
written without using complex legal language.
It is often beneficial to have a waste code that
community members and tribal council can
read and comprehend easily without needing to
consult a dictionary.
Include clear definitions. Codes should define
the terms that are most relevant to their contents.
For example, a construction and demolition
waste code might explain what construction or
demolition waste is and list items that constitute
construction debris.
Write a brief preamble. This might emphasize
the cultural importance of the code, including
how it could promote the values of the tribe. For
example, many codes emphasize protecting the
natural environment.
Attorney review. If possible, consider having an
attorney review the draft code.
Revise, revise, revise. The first draft of the
code does not have to be perfect. Taking time to
edit it ensures that you have the most well-written
code possible.
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When developing and implementing waste codes, many
tribal environmental professionals achieve success by
working with and engaging the community in all steps
of the process.
Community Engagement and
Involvement
For a waste code that fits the needs of all community
members, you can foster participation by hosting
meetings, listening and brainstorming sessions,
and other collaborative education activities that the
community can participate in. This often involves
identifying the key stakeholders within the tribe, which
may include elders, tribal council, local businesses,
and schools. Consider approaching these groups with
ideas for the code's goals and explain what the benefits
of the code will be. Many codes benefit from having
a champion, either in the community or on the tribal
council, who supports the code and can help guide it
through the legislative process.
Once you develop and draft the code, you may want to
conduct community engagement activities to obtain
input and secure community buy-in for the code. The
message can be simple: the code is meant to do good
things for the community, such as protecting human
health and the environment. Community engagement,
education, and outreach can occur in the form of
brochures, flyers, social media, and presentations
during community gatherings. Presentations give tribal
environmental professionals the platform to share why
they believe that the code is important and why the
community should support its development. You can
also emphasize shared community values and what the
code will ultimately protect. If you give a presentation,
consider explaining the purpose of the code, the steps
people need to take to comply with it, and what happens
if someone violates the code (i.e., the enforcement
mechanisms). You may also want to include visual
examples in your presentation to exemplify the problems
that the code addresses. For instance, if illegal dumping
is a frequent issue, you could show pictures of illegal
dump sites to illustrate how those sites detract from the
beauty of your tribal land.
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COMMUNITY ENGAGEMENT AND IMPLEMENTATION
8
Sharing the Approved Codes with
the Community
To ease the implementation process, many tribal
environmental professionals create a code rollout
plan. This plan might lay out the short-term goals for
community engagement and implementation, as well
as defining methods for information dissemination.
Thinking about these things ahead of time helps
create a more seamless transition once the code is
passed and could shorten the time from adoption to
implementation.
When the code is ready to be shared with the public,
consider posting physical copies of it throughout
the community, such as at senior centers, schools, or
grocery stores. To make reading the code easier, you
might also draft a one-page executive summary. This
summary can provide an opportunity for people to
learn about the code without having to read numerous
pages of technical information that may not even apply
to them. In addition, creating fact sheets, brochures, or
other succinct outreach materials allows you to share
information about your code with the community.
Several of the tribes highlighted in this issue found that
posting the code on their Facebook pages also assisted
with providing community engagement and education.
Ultimately, making a law easy to access can go a long way
toward making that law effective. If your tribe does not
already post its current laws online, consider working to
get the new waste code posted to the tribes website.
"Passing code is not something that's going
to be done overnight. It takes patience and
persistence. Don't stop because there's a
wall - climb over it."
- Page Hingst, Sontee Sioux Notion
Implementation and Enforcement
Since different tribes have varying legislative and
administrative processes, implementation may take
many forms. In many cases, coordinating across tribal
governmental departments during the development
and drafting stages also benefits the implementation
phase once the code is adopted. If other administrative
departments are involved in the implementation and
enforcement of the code, consider bringing them
on board early in the process. For example, Tammy
Belone, Program Manager for the Pueblo of Jemez s
Natural Resource Department, worked closely with the
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COMMUNITY ENGAGEMENT AND IMPLEMENTATION
also add some flexibility to enforcement by speaking
with an alleged off ender about how they are violating
the waste code and deciding whether to issue a citation
based on an assessment of the facts. It's important for
tribes to include language in their code that gives tribal
environmental professionals the power to write and
issue tickets themselves, since these professionals are
often in the field monitoring waste issues.
Education
Many tribes choose to include an educational tier in
the enforcement provision of their waste code. If a tribe
determines that tribal police and tribal court are not
a culturally appropriate way to handle waste issues,
education and negotiation are usually very effective
alternative mechanisms of enforcement. For example,
the Yurok Tribe has successfully utilized education and
positive communication to enforce their automobile
abandonment waste code, preventing the need for
more severe enforcement actions. Hie Yurok Tribe has
found that education creates a positive relationship
with community members and past offenders because
they are able to talk openly with those who illegally
abandoned automobiles in the past, helping them
change their behaviors to comply with the tribe s waste
code. Tribes should consider building an educational
tier of enforcement into the waste code that is enacted
before any civil or legal action is taken, such as teaching
offenders about the negative effects of their actions or
giving them a certain amount of time to remedy the
violation before they are charged with noncompliance.
Fines and Fees
Other common enforcement mechanisms include
fines and fees, which many tribes incorporate into
their waste codes. The threat of a fine is often deterrent
enough to stop someone from violating the code,
which negates the need to involve tribal police. Tribal
administrative departments can be responsible for
citing noncompliance, as well as issuing and collecting
fines.
Tribal Police
Tribal police can assist in enforcing a code if a tribe
feels comfortable using them as an enforcement
mechanism. Tribal police can issue tickets for
noncompliance and compel violators to appear in tr ibal
court. They might function as a backup enforcement
mechanism if education or monetary penalties do
not work. However, tribes are not required to include
tribal police as an enforcement mechanism in their
waste code, even if they do have a police force. If your
tribe does use tribal police in enforcement of the code,
consider making sure that the process is discussed with
tribal police and that their role is clearly defined and
agreed upon before your draft becomes tribal law.
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The Pueblo of Jemez, located in New Mexico, is a small,
tight-knit community of about 2,500 people. Within
the Pueblo of Jemez, tribal members pay a fee to access
the tribes solid waste transfer station. Prior to the
waste code's implementation, illegal dump sites were
scattered throughout the Pueblo of Jemez, polluting
the environment and tribal land. Tammy Belone, the
Program Manager of the tribes Natural Resources
Department, wondered why some people were not
utilizing the transfer station services and were dumping
their waste illegally even though they were already
paying for proper trash
disposal. She started working
on a solution to address
this issue. The tribe decided
that implementing a code to
address illegal dumping could
raise awareness of the legal
disposal methods available
to community members and
show that it's unnecessary to
dump waste illegally.
PUEBLO0'" JEMEZ
them determine where and how to get started, but also
helped them condense a 10-page code into five concise
pages. The course was also beneficial because while the
Pueblo of Jemez does have a tribal attorney, they do not
always have the funds to pay the attorney for their time.
Participating in the course gave the tribe access to one-
on-one assistance from an attorney who specialized in
tribal solid waste law.
Working With Tribal Council
The development of the Pueblo of Jemez's illegal
dumping waste code was relatively unique in that very
few roadblocks emerged. It took just four months
to get the codes finalized and on the tribal council's
agenda. The code was presented to council, approved,
and adopted in one day. The issues that the code
addressed weren't new to tribal council members. They
understood the need for the code since they served as
governors of the Pueblo of Jemez Tribe and dealt with
the problems firsthand. Tribal council was ready to
see the issue addressed, which contributed to the swift
legislative process for the code.
10
Successful Code Development
Never having written a code before, Belone and the
director of the tribe's Public Works Department
participated in the Codes and Ordinances training
course offered by ITEP. This course was integral to their
process for code development and not only helped
Community Outreach
Community members were in full support of the
code and wanted to see a clean, healthy environment
for themselves and future generations. The tribe
provided outreach to reinforce the message about
illegal dumping within the community once the
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THE PUEBLO OF JEMEZ'S SUCCESSFUL CODE DEVELOPMENT PROCESS
code was approved and adopted. Hie code is posted
on the Pueblo of Jemez's website and is included in
the tribal newsletter annually. The tribe's messaging
centers on keeping the environment clean and includes
images from illegal dump sites to show their negative
environmental impacts. Sharing these images with
the community helps to raise awareness about the
prevalence of illegal dump sites in the community prior
to passage of the law.
Means of Enforcement
The code specifies that all tribal members must use
the transfer station to dispose of their solid waste.
When dumping does occur, the Natural Resources
Department can use mail they find within an illegal
dump site to identify the person responsible, whom
tribal court can then prosecute. For Pueblo of Jemez,
tribal police act as the only form of enforcement for
illegal dumping and are involved when an illegal
dump site is discovered. Immediately involving law
enforcement helps people understand the gravity of the
offense and encourages them to comply with the code.
However, Pueblo of Jemez has not had to involve tribal
police in any cases of illegal dumping since the code's
adoption, and the number of illegal dump sites has
decreased significantly since the tribe adopted the code.
This is due in part to the tribe's efforts to educate the
public about the transfer station's accessibility - open
seven days per week - which provides a legal means of
solid waste disposal.
Lessons Learned
Even though the short timeline of the Pueblo of
Jemez's waste code process is unusual, their experience
demonstrates practices that could be incorporated in
future code development.
• Get other departments involved throughout the
development process. They need to understand the
need for the code.
If the Public Works Department handles trash
disposal for the tribe, work closely with their
director.
Have meetings with law enforcement to get them
on board with the new code regulations, even if
they do not initially see illegal dumping as part of
their scope. Remind them that as police officers,
this is one way they can protect public safety.
Understand your tribe's legislative process. It is
important to become accustomed with the ins and
outs of working with local government.
If needed, hold mock tribal council meetings so
that you will know what to expect when the code is
officially presented to council.
Have someone on board to push the code through
the legislative process. If someone on the council
already supports the code, it is often easier to get
the code on the council's agenda, and hopefully
that representative will encourage others to support
the code as well.
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Illegal tire dump site on Pueblo of Jemez land.
11
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Ekwok Village is located along the Nushagak River in
Alaska. Ekwok means "end of the bluff." The village
does not have any roads connecting it to neighboring
communities, which means the only ways in and out are
by airplane, boat, four-wheeler, or snowmobile. Ekwok
Villages remote location makes hauling waste out of the
community a challenging, and often costly, process.
Before the Ekwok Village Council implemented
and drafted waste codes, the community had an
uncontrolled and unmaintained landfill where
community members, businesses, and construction
companies disposed of their waste. The landfill was
reaching capacity and threatening to pollute the
land and water the community relies on. The council
decided it needed to address the public health and
safety hazards the landfill presented to the community,
so it made developing waste codes a part of its long-
range environmental plan.
Problem and Solution
To begin the waste code development process,
the council, as well as environmental staff and the
environmental committee, held pre-planning and
community meetings to discuss the issues they
hoped to address in the codes. The tribe first focused
on developing and implementing a waste code to
collect and dispose of the community's waste that
would otherwise go to the landfill; then, they started
working on a code that targeted the waste created by
construction projects within the community. Ekwok
Village Council's Environmental Coordinator, Lorraine
King, and staff led the effort. While there were many
issues that needed to be addressed in the code, it
became overwhelming, and they realized it was easier
to focus on the problems they wanted to solve by
writing simple codes for each issue. The tribe knew
that they needed a way to keep construction debris
out of the landfill. Therefore, they developed a code
specifically to help solve that problem.
Along with taking the Codes and Ordinances training
course, the members of the tribe involved in the
development process began researching similar existing
codes. Initially, this research included pulling documents
from other tribes or areas that experience similar
problems to craft a code that fit Ekwok's needs. As a
small community, having models to use for reference was
helpful and easier than starting from scratch.
The construction debris code that the Ekwok Village
developed encourages construction companies to
remove any debris from their project sites and from the
community once the project is complete. Construction
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THE EKWOK VILLAGE COUNCIL'S WASTE AND CONSTRUCTION DEBRIS CODE
companies are encouraged to backhaul waste they
generate. An agreement is attached to the code and
provided to the company for signature. Before any
waste can be landfilled, the company must sign the
agreement.
Enforcement
The department staff and tribal police officers are
authorized to enforce the ordinance. A written
agreement, signed by the company and the Ekwok
Village Council, acknowledges compliance, and the
agreement form then acts as a method of enforcement.
If companies fail to comply, a written warning is given.
If the company does not comply within 30 days, the
tribal council can impose fines or put a hold on the
deposit fee, impose community service, or stop work.
Best Practices
Ekwok Villages waste and construction waste codes
have been successful. However, the process was a
learning curve for the tribe. They recommend the
following best practices to tribes looking to write and
implement waste codes:
• Do research. This is an important first step before
starting to draft code. Tribes can use existing codes
from other tribes as a starting point and modify
them as needed.
• Utilize existing resources for assistance. The
National Tribal Waste Management Peer Matching
Program is a great resource that Ekwok Village
used to get one-on-one assistance from attorneys
and other tribes who can review and provide edits
to a draft code.
• Have community meetings. Community buy-in
is often essential to successfully implement any
code, so it is a good idea to start meeting with the
community during the drafting process. Ekwok
Villages environmental staff gave community
presentations where they showed images of
the trash and debris in the uncontrolled dump,
illustrating how the landfill was becoming a hazard
to the environment and community. Once people
understood how the code would positively enforce
the values of the village, community members were
supportive. The tribe found that the community
was willing to comply to benefit the community
and help future generations live off the land.
• Involve other relevant tribal staff. Ekwok Village
had an environmental committee that helped with
community engagement. They also involved an
environmental technician and solid waste manager
in the brainstorming process when developing the
codes. Having additional people assist increased
their reach within the community and helped to get
buy-in.
13
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When Gavin Hudson returned to the Metlakatla Indian
Community after pursuing a career in culinary arts
in Seattle, Washington, he did not plan to become
involved with solid waste management. However,
he saw a need: at the time, no one in the Metlakatla
Indian Community was managing waste in a holistic,
integrated way Litter was scattered throughout tribal
land and, without dedicated personnel, funding, and
the capacity to change behavior, the problem was
getting worse. During his time in the food service
industry, he had learned a lot about management and
realized that those skills could be applied to helping his
tribe and working for the community With Gavin at
the helm, the tribe recognized that something had to be
done to combat waste issues in Metlakatla and started
working on codes to address it.
Deciding that not all waste issues could be resolved with
one code, the tribe chose to pursue a single tangible
issue within the community : plastic pollution. Plastic
bags were prolific in the environment and seemed to be
rolling around Metlakatla like tumbleweeds. Because
Metlakatla is an island community, these plastic bags
would eventually end up polluting waterways and
harming marine life. The number one industry in
Metlakatla is fishing, so the tribe is dependent on clean
waterways. Therefore, the tribe decided that a code to
ban plastic bags made the most sense.
"It was impossible for me to continue to
justify this behavior if we could stop it. If
we did not do something, our great-great-
grandchildren would see these same plastic
bags. The essence of sovereignty is being
able to write our own laws and allow destiny
to unfold in a way that makes sense for our
communities. For the rest of my life, I will
know that I contributed to how my people
are governed."
- Gavin Hudson, Metlakatla Indian Community
Waste management is often forgotten, even though
proper management is critical to human health and the
environment. If the tribe could pass a code to reduce
plastic pollution, they thought a snowball effect would
ensue, and the awareness around waste issues would
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PLASTIC BAG BAN OF METLAKATLA INDIAN COMMUNITY
continue to grow. The tribe reasoned that if they passed
a plastic bag ban, this would lead to behavioral changes
in other areas of waste over time.
The tribes first step was to start investigating what
other communities had done to limit the use of single-
use plastic bags. While some locales had placed a
consumer-facing tax on plastic bags at the point of
sale, others had completely banned plastic bags as
contraband. One community they studied had enacted
a fine for vendors that continued to use single-use
plastic bags. This last approach seemed realistic for
Metlakatla: at the time, there was not any other kind of
existing consumer-facing tax in the community, and by
enacting a fine for vendors, they would not have to add
to the bureaucracy of the tribe. In other words, they
could manage the code in their existing capacity.
Once the tribe had figured out the best method
of reducing the use of single-use plastic bags in
Metlakatla, they set off to get the community on board.
They found that the vendors were easy to convince;
however, the community was not as receptive. Prior
to the plastic bag ban, one proactive vendor in the
community had tried selling - and then even giving
away - reusable bags to customers. Very few of his
customers had any interest in the reusable bags.
Gavin conducted a presentation about the proposed
plastic bag ban at their senior center, where the elders
meet for lunch every day. The tribe knew that it would
be an uphill battle to get the community behind the
plastic bag ban and that many wouldn't initially be
receptive to the change. However, they were persistent
and returned to the community center the next week,
after the elders had a chance to mull over the proposed
ban. When they went back, they started to see support.
After thoughtful consideration of the proposed ban,
community members started to speak up in favor of it.
Once the elders were on board, Gavin started to visit
local schools to talk to students about the importance
of reducing single-use plastic bags. He used striking
images of Metlakatla beaches littered with plastic bags
and asked the students if they would be proud to live
there. After the school presentations, students fully
supported the plastic bag ban.
Metlakatla continued outreach through its social media
channels. One successful approach was to post news
articles of plastic bag bans in other communities on
their Facebook page. By showing that it was doable
elsewhere, the tribe made the ban seem more plausible
to the community. The posts also emphasized that by
supporting a plastic bag ban in Metlakatla, community
members could take pride in the environment and
protect it for future generations.
The tribe conducted this community engagement in the
lead-up to tribal council considering the plastic bag ban.
By getting the community behind the plastic bag ban
first, the tribal council looked favorably on the proposed
legislation and passed it overwhelmingly.
Once council passed the code, vendors started
embracing the new law even before it became effective.
After the local grocery stores used their remaining
single-use plastic bags, they did not restock their
supply, instead switching to paper and reusable bags.
To make sure community members were prepared for
the switch, Gavin took 50 of his own reusable bags to
the community center to donate to anyone who did not
have their own bags.
Banning single-use plastic bags is a challenge many
governments have grappled with and struggled to
achieve. Metlakatla's ability to get community buy-in
and tribal council approval is a testament to both the
power of local government and the tribes dedication to
crafting a code fitting for the people of Metlakatla.
Plastic Bag Ban During COVID-19
The pandemic changed consumption patterns related
to single-use plastics, and Metlakatla was no exception.
At the beginning of the pandemic, when it was thought
that COVID-19 could be contracted through touching
surfaces, the use of single-use plastic bags came back as
a sanitary measure in Metlakatla. The tribe waived the
plastic bag ban during the
pandemic.
As of 2021, Metlakatla has
not reinstated the ban.
However, even though
plastic bags are used in
stores again, they are not as
prolific in the environment
as they were prior to the
ban's enactment. The ban -
and the community engagement around it - resulted in a
cultural change to the tribe's attitude toward plastic bags.
Community members continue to use reusable bags and
have even started reusing plastic bags.
Ultimately, despite waiving the plastic bag ban for the
time being, the tribe is achieving the outcome they
wanted: a cleaner community. They attribute their
success in making change in their community to
developing codes to combat waste issues.
15
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16
The problem was obvious: abandoned vehicles littered
the Yurok Tribes land along the Klamath River
in California. Due to the remoteness of the Yurok
Reservation, non-Indians often illegally abandon
inoperable vehicles on tribal lands. Something needed
to be done to resolve the issue, and Kori Ellien, the
Environmental Enforcement, Response, and Education
Division Manager at the Yurok Tribe Environmental
Department, wondered why the Yurok Tribes
automobile abandonment code that had been in place
since 2004 had not helped to establish procedures
and penalties for the abandonment of vehicles on the
reservation.
The Yurok Tribe Environmental Department had
conducted open-dump surveys across tribal land, but
the abandoned vehicles littering the landscape seemed
to pose more of an urgent problem than the open
dumps. The Yurok Tribe soon realized that the current
automobile abandonment code was not working, and
something had to change. They started working with
the Office of the Yurok Tribal Attorney to amend the
existing code; the original code was precise, so they
were able to develop a solution to address the problem
without changing the code itself. They created an
Abandoned Vehicle Surrender Form, which gives
all community members, tribal and non-tribal, the
opportunity to self-report abandoned vehicles on
their property and have them collected and properly
disposed of for free.
The form allows the Environmental Department to
start out on a friendly foot with the community. Instead
of going straight to enforcement, the department was
able to first approach individuals to let them know they
could have their vehicles removed for free if they filled
out the form.
The Environmental Department decided to go this
route in lieu of fines because they did not think that
fines would have been the most fair or effective method
for removing abandoned vehicles. The Yurok Tribes
constitution states that they will try to settle things in a
culturally appropriate way, rather than take a punitive
approach. In addition, some community members
might not be able to pay for the removal of a vehicle.
To help pay for vehicle removal and to eliminate the
need for a fine, the tribe worked with local metal
recyclers, to whom they offered the vehicles for free.
This was a win-win for the tribe, as they were able to
eliminate some of the costs that are usually associated
with disposal and recycling of materials.
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PRESERVING TRIBAL TRADITIONS: ADDRESSING AUTOMOBILE ABANDONMENT IN THE YUROK TRIBE
Since the tribe implemented this solution, the number
of abandoned vehicles on Yurok land has decreased
noticeably. They were able to dispose of 40 vehicles in
2021 alone. The removal of abandoned vehicles has
been so effective that the tribe has received numerous
requests from other communities wanting to set up
similar programs.
Ultimately, the Abandoned Vehicle Surrender Form
has created an approachable means for the community
to self-report their abandoned vehicles. The tribe has
found that community members are now comfortable
requesting help with vehicle disposal.
This model could work not just for other tribes, but for
other communities, too; the key is for each community
to consider what matters to them the most. For the
Yurok Tribe, focusing on environmental protection
and restoration helped get community buy-in on the
vehicle abandonment form because it connected tribal
members to the cause.
Regular social media presence to keep the community
updated on environmental news has also been a
key to success for the Yurok Tribe. The Yurok Tribe
Environmental Program (YTEP) Facebook page is
updated regularly, informing followers on scheduled
cleanups of the Klamath River, new resources for air
quality, and updates to environmental codes. The
Facebook page helps community members feel like
they have been heard and allows for a dialogue to take
place. When the tribe first developed the Abandoned
Vehicle Surrender Form, Facebook was an important
outreach tool to spread the word to those living on
Yurok land.
Although they plan to modify the code in the
future, the Yurok Tribes story is a prime example of
identifying why a code is not working and finding ways
to work within the existing structure. The initiative of
creating an addendum and a form enabled the tribe
to act on the environmental problem in a quick and
efficient manner.
17
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During an inventory of brownfield sites on the Santee
Sioux Nation Reservation in Nebraska, Page Hingst
- Manager of the Santee Sioux Nation's Office of
Environmental Protections Tribal Response Program
- found 33 illegal dump sites, three of which were
actively used. These dump sites ranged from the size of
trash bags to the size of landfills. While the objective of
this inventory was not to discover illegal dump sites, it
brought to light the issue of illegal dumping on tribal
land. Instead of immediately fining individuals for their
behavior, the tribe s Office of Environmental Protection
decided to investigate what was causing people to
illegally dump their waste and how to stop it.
While there were waste codes in place at Santee
Sioux Nation, the codes were not being enforced
and were very vague. Therefore, the tribe's Office of
Environmental Protection started writing the Solid
Waste Act code to specifically address illegal dumping.
With the help of the Codes and Ordinances training
course, they were able to condense the draft code from
23 pages to nine pages. The Solid Waste Act code was
proposed to tribal council in October 2018, and it was
approved with minor edits.
Researching Illegal Dumping
To determine the reason why people were
illegally dumping their waste, the tribe's Office of
Environmental Protection conducted research and
spoke with tribal members. They concluded that there
were four main reasons why illegal dumping was
happening on the Santee Sioux Nation:
1.The transfer station was closed on the weekends
and in the evenings, and its open hours were
inconvenient for many people.
2. The transfer station charged a fee for disposal of
large, bulky waste.
3. There was a behavioral component: illegal dumping
was something people always did.
4. There was a lack of consequences for dumping on
tribal land.
After they discovered the root causes of the illegal
dumping, they laid out an action plan to tackle each
of those causes. The first step involved working with
the Utilities Department to start a pickup program
for large, bulky waste. Using EPA's General Assistance
Program funding, these pickups were free of charge to
residents to help encourage participation, and residents
could schedule pickups for when they needed them.
By implementing this program, they were able to
resolve the first two root causes of illegal dumping and
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SOLID WASTE ACT OF THE SANTEE SIOUX NATION
significantly decrease the amount of bulky waste being
dumped illegally on tribal land.
Educating the Community on Waste Matters
The other two causes were
more difficult to address,
but the tribes Office of
Environmental Protection
came up with a creative
campaign to educate the
community about waste,
pollution, and littering: they
collected interesting items
found at dump sites and took
them to presentations and
events to demonstrate how
long waste can exist in the
environment. For example,
presenters would show community members a glass
bottle and ask them how old they thought the glass
bottle was. When most people guessed that it was from
the 1980s or 1990s, they were shocked to find out that
the bottle had been discarded more than one hundred
years ago, in 1913.
In addition to the presentations, they created
informational flyers and posters explaining the waste
decomposition process. These educational materials
taught community members about their impact on the
natural world through illegal dumping and how far into
the future that impact would last. The tribes Office of
Environmental Protection staff provided public outreach
at the tribes health fair, dressing up as the League of
Environmentally Awesome People, superheroes that had
a role in keeping the environment clean.
To reach the younger audience, the staff visited
elementary schools. To grab the students' attention,
they dressed up in HAZMAT suits and Personal
Protective Equipment, and then they would talk about
pollution and why it is harmful.
Aside from word-of-mouth outreach, the tribes Office
of Environmental Protection also uses Facebook as
a tool to engage and educate the community. For
example, if someone illegally dumps on Santee Sioux
land, they post a picture of the dump site on their
Facebook page. This gets users' attention and serves
as a reminder about the bulky item pickup: all people
need to do is call the Utilities Department to schedule
a pickup. Reception to the Facebook posts has been
positive, with community members often commenting
and encouraging their friends, family, and neighbors
to make use of the pickup options and keep their
reservation clean. It helps bolster and drive home the
fact that, with the addition of these resources, there is
no reason to illegally dump.
Lessons Learned
In January 2021, staff began revising the Integrated
Waste Management Plan, and in doing so, came to
realize that while the Solid Waste Act code had been
approved by council, it had never been adopted.
The Office of Environmental Protection plans to
present the code at a future tribal council meeting to
ensure that it is adopted. Regardless of the disconnect
with the legislative process, though, the successful
outreach made a positive difference in the community.
On a reservation with more than 1,000 people,
outreach has been very effective at making change. To
help combat illegal dumping, the tribe does not want
to have to be regulatory; they want to use fines only as
a last resort. The real goal is to work with people in the
community to change behavior. As a result, there are no
active illegal dump sites on Santee Sioux Nation land -
a huge success.
After the Santee Sioux Nation cleaned up the illegal
dump site (pictured), they posted a "No Dumping"
sign to discourage future dumping.
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RESOURCES
Online Resources
EPA's Developing Tribal Waste Management Codes and Ordinances
Includes resources and suggestions for tribal leaders preparing to develop codes and ordinances.
https://www.epa.gov/tribal-lands/developing-tribal-waste-management-codes-and-ordinances
EPA's National Tribal Waste Management Peer Matching Program
Voluntary program that aims to strengthen tribal capacity and develop sustainable waste management
programs.
https://www.epa.gov/tribal-lands/forms/national-tribal-waste-management-peer-matching-program
The National Indian Law Library (NILL) through the Native American Rights Fund (NARF)
Provides a searchable catalogue of existing tribal codes (and is not limited to just waste codes).
http://www.narf.org/nill/index.html
Municode
Houses a limited number of existing tribal codes.
https://www.municode.com
The National Indian Justice Center
Lists legal and legislative resources for tribes, as well as some existing tribal codes.
http://www.niic.org/resources.html
The Tribal Law and Policy Institute
Includes a list of available online tribal codes, as well as other tribal law resources.
http://www.tribal-institute.org/lists/codes.htm
The Native American Constitution and Law Digitization Project
Joint project between NARF and the University of Oklahoma Law Library to provide digital access to the
constitutions, codes, and other legal documents of tribes in the United States.
https://thorpe.law.ou.edu/
Tribal Partnership Groups
Tribal partnership groups allow tribes to exchange information through regional and national working groups,
tribal consortia, and focused committees. There are numerous partnership groups, including ones that focus on
specific environmental topics or broader issues, such as communication or partnership strengthening.
https://www.epa.gov/tribal/tribal-partnership-groups
20
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RESOURCES
Training
Institute for Tribal Environmental Professionals
(ITEP) Development and Implementation of
Tribal Waste Codes and Ordinances Training
A two-part course designed to help tribal
environmental professionals with no legal
background understand the code development
process and assist them in drafting their own
waste codes.
Contact ITEP at itep@nau.edu, or email the
Project Director, Todd Barnell, at Todd.Barnell@
nau.edu.
http: //www7. nau. edu/itep /main/training/
training waste
Funding
General Assistance Program (GAP)
The GAP grants provide funding to federally recognized tribes and tribal consortia for planning, developing
and establishing environmental protection programs in Indian country, and for developing and implementing
solid and hazardous waste programs on tribal lands.
https://www.epa.gov/tribal/indian-environmental-general-assistance-program-gap
Clean Water Act (CWA) §106 Water Pollution Prevention Program
Focuses on funding for surface and groundwater issues. Non-point source pollution may occur from illegal
dump sites and/or construction debris. Funding can be used for hiring staff, education and outreach, and
reducing pollution that may affect water.
https://www.epa.gov/water-pollution-control-section-106-grants/tribal-grants-under-section-lQ6-clean-water-
act
CWA §319 Nonpoint Source Program
Funding for surface water issues only. Nonpoint source pollution may occur from illegal dump sites and/or
construction debris. Tribes can use grants to hire staff, monitor surface water, perform education and outreach,
develop best management practices, complete nonpoint source assessments, and maintain a nonpoint source
program plan.
https://www.epa.gov/nps/tribal-319-grant-program
Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) §128(a) State and
Tribal Response Program
Provides funding to help tribes develop basic administrative infrastructure, pass new ordinances and laws,
control illegal open dumping, develop emergency response plans, decrease and remove leaking underground
storage tanks, and address air pollution issues.
https://www.epa.gov/brownfields/state-and-tribal-brownfields-response-programs
"If you told me 20 years ago that eventually
I would be living back in Metlakatla and
that I would be a nerd for solid waste
management, I would have thought you
were nuts. No one was doing this work,
so I took it upon myself to learn. I really
had the impression I was not qualified to
write code, until ITEP's course. It gave me
the confidence to draft the plastic bag ban
code. Being a tribal member and being
able to contribute my own values, skills,
and expertise to the code, to make that
contribution, however small, was an honor."
- Gavin Hudson, Metlakatla Indian Community
21
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KIDS' PAGE
LEARNING THE PROCESS FOR WRITING
TRIBAL WASTE CODES?
Instructions: Every tribal community has a
different process for writing and passing tribal
law, but the processes share similar steps. Figure
out which steps of the tribal code development
process are defined below by using the chart to
match the letters with the shapes below.
Note: the word "code" means "law." Other words
for "law" include "ordinance" and "act." They are
interchangeable, and every tribe chooses what
word to use when referring to tribal law.
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Happens before a code is
written. The authors of the code
talk to community members,
read articles, and use their
computers to find information
on the code they are planning
to write.
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Occurs after the code is written.
The authors may create a plan
to teach the community about
the impacts of the new code.
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Happens when the code is
violated. May involve tribal
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The group a code must be
presented to for it to be
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community.
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Teaching community members
about the code and what they
may have to do to follow it.
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Codes and ordinances are
created to do this for the natural
world and the people, plants,
and animals who inhabit it.
a o ^ i © a i
Secret Code Activity Answer Key is on page 23.
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KIDS' PAGE
Code Compliance: Clean Up the litter!
Instructions: Comply with your tribes codes and keep the land you live on free of litter and waste.
Find and circle the debris items that do not belong on the tribal land. There are 16 items to clean up.
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"( \ v
vvEPA
U.S. EPA Office of Resource Conservation and Recovery
EPA530-F-21-003
October 2021
www.epa.gov/tribal-lands
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