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Fact Sheet
December 2010
Public Comment Period for RCRA Administrative Order Announced, Omaha Tribal Utilities Program, Omaha Tribal Utilities Commission, and the Omaha Tribe of Nebraska, Macy, Nebraska
INTRODUCTION
On November 10, 2010, the Omaha Tribal Utilities Program, Omaha Tribal Utilities Commission, and the Omaha Tribe of Nebraska, Macy, Nebraska, signed an Administrative Order on Consent (AOC), setting out specific procedures for ceasing the open dumping and burning of municipal solid waste at the Mother Earth Recycling Facility, as well as removing and disposing of the residual wastes at the Facility. The agreement is being issued under Section 7003 of the Resource Conservation and Recovery Act (RCRA), which states that EPA will provide an opportunity for public comment and a public meeting on settlements under Section 7003(d) of RCRA.
EPA is seeking comments on a multimedia, multiple-facility AOC that consolidates the compliance activities for the Omaha Tribal Utilities Program, Omaha Tribal Utilities Commission, and the Omaha Tribe of Nebraska regarding the open dump located at the Mother Earth Recycling Facility and two public utilities operated by the Omaha Tribe at Macy, Nebraska, which include the public drinking water system and the wastewater treatment facility.
In addition, the public may review an Administrative Record supporting the cleanup activities necessary at the Mother Earth Recycling Facility. The Administrative Record is located at the Nebraska Indian Community College, Omaha Tribal Public Library, 1111 Highway 75, Macy, Nebraska.
EPA invites the public to comment on the AOC. The 30-day public comment period opens on December 8, 2010, and runs through January 7, 2011. EPA specifically requests comments on the RCRA portion of the AOC. EPA recognizes that the public may also comment on the parts of the AOC that pertain to the public drinking water system and the wastewater treatment facility.
Because this AOC involves multiple facilities, multiple environmental media, and a tribal utility program, EPA is voluntarily accepting public comment on the Safe Drinking Water Act (SDWA) and the Clean Water Act (CWA) portions of this AOC.
A formal public meeting has not been scheduled, but will be held if there is sufficient public interest. Request for a public meeting must be made in writing to the EPA contact listed below and must state the nature of issues to be raised at the meeting. EPA will evaluate any request and hold a formal meeting if it finds that a meeting will contribute to the decision-making process by clarifying significant issues affecting the AOC. EPA will make the AOC final only after the public comment period ends and all comments are reviewed. EPA may modify the AOC based on any new information and comments from the public on the compliance activities portion. Comments on the AOC or request for a public meeting must be submitted in writing by January 7, 2011.
BACKGROUND INFORMATION
The Mother Earth Recycling Facility contains a metal-sided 70' by 36' building used to store equipment and packaged recyclable items. The Facility is partially fenced, has no gates restricting access, and is staffed with one employee, whose shift is 8:00 a.m. to 4:30 p.m., Monday – Friday. At all other times the grounds at the Facility are uncontrolled and unmonitored.On March 16, 2010, EPA conducted an inspection in response to concerns of open dumping at the Mother Earth Recycling Facility. During the Facility inspection and other visits, EPA observed different types of waste, including residential waste, medical waste, televisions, computers, used oil, propane and oxygen tanks, tires, scrap metal, appliances, construction debris, furniture, dead animals, and an empty gasoline container.
At the time of the March 16, 2010, inspection, wastes had accumulated in massive piles up to ten feet in height and extending over several thousand square feet of the Facility grounds. Additionally, burning of trash and equipment has occurred at the Facility without any control of the temperature or containment in an enclosed device and with uncontrolled emissions of the combustion products.
Waste has accumulated at the Facility before and was removed once in 2006, and again in April 2009. Waste at the Facility originated from trash collection dumpsters at Tribal offices and schools in nearby Macy, the Tribal Housing complex in Macy, private homeowners in Macy, and rural Tribal residents. During the calendar year 2009, and the winter of 2010, the Omaha Tribal Utilities Program picked up the waste coming from Macy, Nebraska, and disposed of the waste at the Facility. Residents outside of Macy have hauled their own waste to the Facility.
The RCRA settlement requires the Tribal Utilities Program to clean up the Mother Earth Recycling Facility and properly manage municipal solid wastes. EPA and the Tribal Utilities Program consolidated other federal legal requirements for the Macy Drinking Water System and the Macy Waste Water Treatment Facility into this one AOC for purposes of broader environmental protection and enhanced correction of underlying management problems at the Tribal Utilities Program.
ADMINISTRATIVE RECORD
EPA has established an Administrative Record which includes a copy of the AOC and other relevant documents. The Administrative Record is available for review during normal business hours at the following locations:
Nebraska Indian Community College
Omaha Tribal Public Library
1111 Highway 75
Macy, Nebraska
U.S. EPA Region 7
Records Center
901 North 5th Street
Kansas City, Kansas
Again, EPA invites the public to comment on the AOC for cleanup activities at the Mother Earth Recycling facility during the 30-day public comment period which runs from December 8, 2010, through January 7, 2011.
Written comments, postmarked no later than January 7, 2011, should be directed to Beckie Himes at the address shown below. EPA will consider all comments submitted during the public comment period and determine whether it is appropriate for EPA to finalize the AOC.
ADDITIONAL INFORMATION
If you have questions or need additional information, please contact:
Nicole Moran
Waste Enforcement and Materials Management Branch
U.S. EPA Region 7
901 North 5th Street
Kansas City, Kansas 66101
Phone: (913) 551-7641
E-mail: moran.nicole@epa.gov
Beckie Himes
Community Involvement Coordinator
Office of Public Affairs
U.S. EPA Region 7
901 North 5th Street
Kansas City, Kansas 66101
Phone: (913) 551-7253 or
Toll Free: (800) 223-0425
E-mail: himes.beckie@epa.gov