NATIVEVILLAGE OF KWIGILLINGOK

Kwigillingok I.R.A. Council

P.O. Box 90

Kwigillingok, Alaska 99622-0090

(907) 588-8114/8212

(907) 588-8429-fax

KWIGILLINGOK ENVIRONMENTAL CODE

Section 1. Purpose:

The Native Village of Kwigillingok engages in subsistence activities year round, Subsistenceway of life is a major part of our livelihood; and the resources are collected from the Kwigillingok River, ocean, tundra, and the water we drink from the surrounding lakes and ponds. The Kwigillingok Tribal Court and Kwigillingok Environmental Service Department has developed the Kwigillingok Environmental Code to preserve the land, protect the resources and our subsistence way of life, prevent the pollution to our environment, protect the health of the community members, prevent harmful items from entering our dumpsite or environment, increase the amount of recyclable items for backhauling and to prolong the use of our local dumpsite. The Environmental Code will protect the land from being damaged during construction phases and there for prolong and preserve the land for future generations.

Section 2. Justification:

In order to enforce the provisions of this Environmental Code, The Native Village of Kwigillingok I.R.A Council shall exercise jurisdiction consistent with its Constitution and the Federal Law. The Kwigillingok I.R.A Council and Tribal Court shall have jurisdiction over cases that involve Environmental Code violations against its tribal members and construction firms, and, or companies.

Section 3. Others not covered:

The Kwigillingok Tribal Court may proceed and act in lawful manner it deems appropriate to a case that’s not written in the Code. The Tribal Court shall practice recognized authority by the governing body of the Kwigillingok I.R.A Council, and the Federal law.

Section 4. Definitions:

Tribal Court terms used in this Environmental Code shall have definitions as follows:

  1. “Environment” -- environment shall mean the external factors, as air, water, land, living organisms, animals, and mammals within the boundary of the Native Village of Kwigillingok.
  2. “Pollute/Pollution” -- to contaminate or make foul, as with chemicals or waste products.
  3. “Solid Waste” –useless, unwanted, and discarded material lacking sufficient liquid content to be free flowing.
  4. “Hazardous Material” -- Hazardous Material means as any material that, because of its quantity, concentration, or physical and chemical characteristics, poses a significant present or potential hazard to human health and safety or to the environment if released into the workplace or environment.
  5. “Human Waste” -- human waste shall mean excrement/fecal (anaq).

Section 5. Health and Safety Issues:

The Native Village of Kwigillingok is a community that relies on subsistence resources 365 days per year from the tundra, Kwigillingok River, ocean, lakes, and ponds. The Kwigillingok Environmental Code was developed to protect the Health and Safety of the community members, resources, environment, and preservation of the environment and the resources. Furthermore, the Kwigillingok Environmental Code will protect the Health and Safety of the community members when visiting the local dumpsite and the Environmental Code will prevent anyone from offloading their hazardous items anywhere within the village or at the dumpsite. The Environmental Code will protect the Health and Safety of the community member, environment and the resources from the waste that is generated during the construction periods and the Environmental Code will reduce/prevent the amount of hazardous and solid waste from entering our local dumpsite and the environment.The Environmental Code will increase the amount of recyclable to hazardous waste for backhauling. The Environmental Code will prolong the use of our local dumpsite by having the contractor’s backhaul their own waste generated during the construction phase. The Environmental Code will protect the Health and Safety of the community members by making the land/terrain safer to use during the winter and summertime, Contractors creating or damaging the land due to heavy equipment use poses a threat to pedestrians and commuters during the winter and summertime use of vehicles’.

Section 6. Household responsibility

The Native Village of Kwigillingok community members shall be responsible for solid waste accumulated at home. The Kwigillingok Tribal Court will exercise its given authority to take action against the Environmental Code violators.

  1. Trash bags will not be left alongside riverbank for any reason.
  2. Family vehicles, and, or any bulk size appliances, metal frames that are no longer in use shall be disposed to the village designated area.
  3. Harmful items such as Used Oil, Lead Acid Batteries, Anti-freeze, and other hazardous liquids/solids will not be abandoned along the river or are not allowed to be disposed at the local dumpsite.
  4. Garbage hauled to the local dumpsite will be offloaded in designated areas.
  5. Garbage will not be offloaded to close to the eroding river bank.
  1. The Kwigillingok residents shall be responsible for family dog (s). Animal owners must keep theirpets chained, if for some reason, the animal dies, owners must dispose the carcass to the designated area. The Kwigillingok Village Police Officer will transport carcass from the family yard for a fee of 15-dollars. A 50-dollar fee will be charged to the family if they request the animal to be destroyed and disposed.
  1. The Kwigillingok Tribal Court shall take action against Environmental regulation violators to ensure health and safety measures within the boundaries of the Kwigillingok.

Section 7. Contractor Responsibility

Contractors will be held liable and responsible for any violation against the Environmental Code. The Kwigillingok Tribal Court will exercise its given authority to take action against the Environmental Code violators.

  1. Whenoperating heavy equipment within the community or at the construction site, the operator will avoid/prevent any unnecessary damage to the land.
  2. Contractor will be responsible in repairing sidewalks and ATV trails damaged during the construction period.
  3. Contractor will be responsible in restoring any land that is damaged during construction periods.
  4. Contractor will be responsible in cleaning up the construction site before/after the construction period is completed.
  5. Contractor will be responsible in backhauling any hazardous waste generated during the construction period; hazardous waste generated during the construction period will not be offloaded or disposed anywhere within the village boundaries or at the local dumpsite.
  6. Contractor will be responsible in backhauling any bulky solid waste that is generated during the construction period. Contractor will have the option of leaving any solid waste that may be reusable to the community members or entities, solid waste that is no longer useful will not be allowed at the local dumpsite or within the village boundaries.
  7. Equipment used during the construction period that is no longer useful will not be abandoned within the village boundaries or at the local dumpsite; equipment that is no longer useful will be backhauled.
  8. Contractor will use the safe disposal method when handling hazardous items, hazardous items generated during the period will not be allowed at the local dumpsite or within the village boundaries.
  9. Contractors will be responsible and liable in cleaning up a site that is polluted or contaminated with hazardous waste.
  10. Contractor will not be allowed to burn any hazardous waste within the village boundaries or at the local dumpsite.

Section 8. Amendment by Resolution

The Kwigillingok Environmental Code may be amended at any time by a resolution by the Native Village of Kwigillingok, Indian Reorganization Act Council.

CERTIFICATION:

This certifies the foregoing KWIGILLINGOK ENVIRONMENTAL CODE was approved at a meeting of the Native Village of Kwigillingok, Indian Reorganization Act Council duly held on the ______day of ______20__ at which time a quorum of the IRA Council Members were present. The Code was approved by a vote of ____ for, and ____ against.

______

Johnny Friend, President

NativeVillage of Kwigillingok IRA Council

ATTEST:

______

Lillian F. Kiunya, Secretary

Native Village of Kwigillingok IRA Council

NATIVE VILLAGE OF KWIGILLINGOK

Kwigillingok I.R.A. Council

P.O. Box 90

Kwigillingok, Alaska 99622-0090

(907) 588-8114/8212

(907) 588-8429-fax

In matter of: )

)

______)

(Name of contractor) )

)

ORDER OF AGREEMENT

The Kwigillingok Tribal Court in conjunction with the Native Village of Kwigillingok I.R.A. Council hereby orders an Environmental Code agreement with the project contractor inside the boundaries of Kwigillingok. The Environmental Code is as follow:

  1. safe storage of hazardous material includes used household battery, lead acid battery, used petroleum product, petroleum spills, and human waste
  2. Back haul harmful chemical and liquid products, heavy metal, broken down equipment, utility equipment, cable wiring, heavy metal strapping, metal piping of all sizes, and other bulky waste material produced during the phase of construction.
  3. The general contractors work area must be properly cleaned at the end of construction.
  4. Contractor will repair damaged boardwalk and ATV Trailsproperly in its original completion.
  5. And, others that apply to the health and safe environment within the Native Village of Kwigillingok.

I, ______, contractor representative, fully understand the order of agreement and I promise to fulfill the content of this agreement signed this day_____ of ______2010.

______, Print Name

______, Superintendent/Foreman

Signature