DSHW-2024-008410

UTE INDIAN TRIBE OF THE UINTAH AND OURAY RESERVATION
COMMENTS ON THE UTAH DEPARTMENT OF ENVIRONMENTAL QUALITY’S PROPOSED
SOLID WASTE FACILITY RULES

September 3, 2024

Introduction
The Ute Indian Tribe of the Uintah and Ouray Reservation (Tribe) submits comments on
the Utah Department of Environmental Quality (DEQ) proposed rules affecting solid waste facility
management and operations. The Tribe appreciates the opportunity to submit comments on these
proposed rules.
The Tribe does not support these rules, as they are insufficient to protect the Tribe’s
environmental interests. In particular, the proposed standards for groundwater monitoring and
liner requirements are inadequate and do not ensure the protection of Tribal lands, waters, and
resources. Rather than implement the proposed rules, the Tribe strongly encourages that these
standards, as applied to facilities adjacent to tribal lands and those within the exterior boundaries
of the Uintah and Ouray Reservation, namely the Hagen fee lands, give deference to the standards
developed by the Tribe.

Tribal Environmental Standards
The Uintah and Ouray Reservation, which encompasses 4.5 million acres, is the second
largest reservation in the United States. Much of this land is used for energy production and
agriculture, and the Reservation’s groundwater and waterways supply water to households and
farms. Moreover, several solid waste facilities operate adjacent to or within the exterior boundaries
of the Reservation. To maintain the health and safety of the Reservation’s residents, strict
standards of waste management have been established and implemented by the Tribe to ensure
that the activities of these waste management facilities do not degrade the environment.
To avoid polluting soil, groundwater, and waterways on the Reservation, the Tribe has
developed and implemented standards for waste management and disposal according to best
practices. These standards have proven effective at preventing soil leeching and groundwater
contamination, as well as preventing livestock, wildlife, and migratory bird mortality. If these
standards are relaxed, tribal resources, health, and safety will be substantially at risk.
UTE INDIAN TRIBE
P. O. Box 190
Fort Duchesne, Utah 84026
Phone [phone] ● Fax [phone]
Ute Indian Tribe September 3, 2024
Proposed Solid Waste Facility Rules Page 2 of 3

Proposed Groundwater Monitoring and Liner Standards
DEQ’s proposed standards for groundwater monitoring relax current standards by
providing solid waste facilities with the option to implement alternative groundwater monitoring
systems, or waive the groundwater monitoring requirement entirely. The Tribe does not support
the proposed option to implement alternative groundwater monitoring systems or waive the
groundwater monitoring requirement.
The Tribe’s standards require that all solid waste facilities implement groundwater
monitoring systems and do not allow for alternative systems. Specifically, the Tribe requires that
all solid waste facilities implement leak detection systems. If a disposal pit is constructed in
relatively impermeable soil, it must include an underlaying gravel filled sump and lateral system
or a suitable leak detection system. If a disposal pit is constructed in relatively permeable soil, it
must include a secondary liner underlaying the leak detection system that is graded so as to direct
leaks to the observation sump. No facility has the option to waive these groundwater monitoring
system requirements. Failure to meet these requirements results either in corrective action and
compliance schedules or the cessation of operations.
Similarly, DEQ’s proposed standards for liner requirements aim to relax current standards.
Specifically, the proposed standards specify that Class VII landfills are not required to use liners,
and surface impoundments will not be required to implement synthetic liners. Rather than require
synthetic liners, facility operators will have the option to choose an alternative design. There has
been no research or consultation indicating that either of these standards will be sufficient to
protect the Tribe’s environmental interests. Thus, the Tribe does not support the proposed
standards removing the liner requirement for Title VII landfills and the synthetic liner requirements
for surface impoundments.
The Tribe’s standards require that all disposal pits implement a liner made from artificial
materials that are impervious and resistant to weather, sunlight, hydrocarbons, aqueous acids,
alkalies, salt, fungi, and any other substances that might be contained in the pit. Failure to meet
these requirements results in either corrective action and compliance schedules or the cessation of
operations.
DEQ has not inquired into the effects of these proposed standards on the Tribe’s lands,
water, and resources. There has been no attempt at reconciling these standards with the Tribe’s
own regulatory scheme, and there has been no consultation regarding these standards and their
implementation near tribal lands or on the Hagen fee lands. No justification has been provided in
support of the options to waive or implement alternative monitoring systems. Similarly, no
justification has been provided for removing the liner requirement for Class VII landfills and
removing the synthetic liner requirement for surface impoundments. DEQ has not indicated that
the proposed alternatives to synthetic liners will be sufficient to protect the Tribe’s environmental
interests. DEQ has failed to demonstrate that any of the proposed standards will be sufficient to
meet the Tribe’s environmental needs.
Ute Indian Tribe September 3, 2024
Proposed Solid Waste Facility Rules Page 3 of 3

Groundwater does not follow the boundaries of the reservation or abide by the distinctions
between tribal and non-tribal lands. If one entity contaminates groundwater near tribal lands or
within the boundaries of the Reservation, this contamination will bleed into connected tribal lands,
water, and resources. To ensure that tribal resources are not adversely impacted, the current
standards governing solid waste facilities should not be relaxed. For facilities located adjacent to
tribal lands or on the Hagen fee lands, these standards should meet or exceed the standards that
have been set by the Tribe.
Conclusion

The Tribe strongly opposes Utah DEQ’s proposed rules for solid waste management
facilities. In particular, the Tribe opposes the relaxed standards for groundwater monitoring and
lining requirements. No consultation or coordination with the Tribe has been conducted regarding
the impacts and risks that stem from the proposed standards. Allowing these proposed standards
to govern facilities located adjacent to tribal lands or within the exterior boundaries of the
Reservation will threaten the Tribe’s lands, waters, resources, and health. To avoid this, the Tribe
alternatively proposes that facilities located adjacent to tribal lands or on the Hagen fee lands be
subject to standards that either meet or exceed the Tribe’s environmental standards.