19-7-110. LANDFILL PERFORMANCE STANDARDS.

1. Air. No landfill shall violate any federal or tribal air quality standard or requirement applicable on the Rosebud Reservation.
2. Surface Water. No landfill shall cause a discharge of pollutants into waters of the United States in violation of the federal Clean Water Act or any applicable tribal requirements.
3. Ground Water.
   1. No landfill shall cause contamination beyond the landfill boundary of ground water of quality sufficient to be uses for domestic drinking water purposes unless the Director extends the area of contamination beyond the normal boundary by no more than an additional 100 yards beyond the Title established landfill boundary upon a determination
      1. that the ground water is no currently used for drinking water purposes and
      2. the ground water will not be needed in the future for drinking water purposes, taking in to account the rate and expected increase or decrease of groundwater use, the availability of alternative drinking water supplies and the overall effect on the health of Reservation residents.
   2. In no cases shall a landfill cause the contamination of ground water used for drinking water at the time of site location, unless the Director determines at the time of disposal site location that it is in the public interest to permit contamination of the groundwater and users of that drinking water are provided an alternative supply of water of equal or greater quality, and convenience as their original source.
4. Disease. All landfills shall minimize the population of on-site disease vectors, such as insects and rodents.
5. Methane. All landfills must assure that the concentration of methane gas at the project boundary or in project structures not exceed the limits established by federal regulations.