Committee: Resource Author: Jeanine Hale
Date: 2-5-05 Committee Date: 2-17-05 Sponsor:
An Act
Legislative Act 15-05
ACT RELATING TO SOLID WASTE, AMENDING TITLE 63 OF THE CHEROKEE
NATION CODE ANNOTATED, THE ENVIRONMENTAL QUALITY CODE; ADDING
NEW ITEMS; AND DECLARING AN EMERGENCY
BE IT ENACTED BY THE CHEROKEE NATION: Section 1. Title and Codification
This act shall be known as the "Cherokee Nation Solid Waste Code of 2005"and codified in Title 63 Article 7 of the Cherokee Nation Code Annotated.
Section 2. Purpose
The purpose of this Act is to revoke existing solid waste laws and replace them with updated provisions necessary to make a comprehensive Cherokee Nation Solid Waste Code. To do this, Article 7 is amended by revoking existing sections 601-614F and sections 616A ? 616F, and adding the following: provisions establishing the "Cherokee Nation Solid Waste Code"; setting forth the purposes of the Code; specifying definitions to be used; stating a policy of pollution prevention, waste reduction and recycling; setting forth powers and duties of the Environmental Protection Commission (EPC) to issue permits and orders, promulgate rules, prescribe fees in rules, and authorize variances in some circumstances; giving the EPC and Administrator authority to implement certain federal laws; defining a recycling initiative; requiring a permit for certain activities relating to disposal of wastes; prescribing restrictions on disposal sites; requiring disclosure statements and establishing penalty for false information; making an administrative permit hearing available; providing for appeal of permits; requiring permits for industrial wastes; requiring financial security, closure plans and a vegetation plan in some cases; requiring scales and records of wastes received; and providing for waste management planning assistance to CN districts.
Section 3. Legislative History
The Environmental Quality Act, Title 63 CNCA Section 50 et seq., was first enacted in 1993...
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