Yankton Sioux Oppose Reservation Waste Dump

Information from the Yankton Sioux Tribe, Native American Women's Health Education Resource Center, and Greenpeace.

Reprinted from On Indian Land, Fall 1996. Published quarterly by Support for Native Sovereignty, P.O. Box 2104, Seattle, WA 98111. Annual subscription: $12 individual, $20 institution.

"...henceforth there shall be no development of any waste disposal initiatives within the territorial boundaries which involves in any way the importing of waste of any kind to be disposed of in any way within our territorial boundaries," states a 1991 resolution passed by the General Council of the Ihanktunwan Dakota Nation (Yankton Sioux Tribe).

Violating tribal sovereignty, ignoring this and other tribal resolutions, and over the strenuous opposition of the tribal government and the general population, the U.S. Environmental Protection Agency has approved construction of a solid waste landfill on the Yankton Sioux Reservation at Lake Andes, South Dakota.

Located within 5 miles of the Fish and Wildlife Sanctuary and the Eagle Refuge, the Tribe states that the dump will be authorized to accept asbestos, lime and wastewater sludge, industrial waste, waste oil, lead-acid batteries, and other toxic waste. They further state the dump is in violation of state regulations because of its proximity to water tributaries, stock dams, springs, and Highway 50.

Both shallow and deep aquifers run directly under the proposed waste dump. There are also sand and gravel lenses directly beneath the site, that would quickly move any substances leaking out of the landfill. Scientists from the South Dakota School of Mines have testified in federal court to the deficiencies in the design and siting of the dump. Even the Southern Missouri Waste Management District (SMWMD), which is constructing the waste site, has admitted under oath that their proposed design for the dump site will leak.

A land fill designed by the same engineers who are designing the landfill at Lake Andes has leakage problems. A farmer, whose land is adjacent to the Vermillion landfill, testified that 22 head of his cattle died as a result of toxic runoff from the landfill. He also has videotape showing the runoff from the Vermillion landfill into his pasture.

Potential problems have been increased by EPA Region Eight's decision to waive their normal requirement of a man-made liner for the dumpsite. "This waiver means that a dangerous land fill design (and site) is made more dangerous than ever," writes the Native American Women's Health Education Resource Center located on the Yankton Sioux Reservation.

Citing new technical data supporting a waiver of the manmade liner requirement, SMWMD requested that EPA approve the landfill without the liner. The Resource Center reports that a meeting was held between Carol Browner, Administrator of the EPA, and representatives of the SMWMD as well as representatives from the offices of Senators Tom Daschle and Larry Pressler, and Congressman Tim Johnson.

After the meeting, Carol Browner reportedly mandated that the EPA find a way to construct the landfill without the manmade liner. A local newspaper reported, "EPA officials 'said they were going to do it [waive a plastic liner] because they'd been pressured,'" particularly by Senator Pressler.

EPA's waiver of the liner requirement has been taken to federal court. Judge Larry Piersol originally ordered SMWMD to follow EPA regulations and to install the man-made liner. However, the Resource Center's expressed concern that SMWMD would appeal Judge Piersol's decision and force the Tribe to spend even more money on attorney's fees was well founded.

The landfill is now partially completed. SMWMD has appealed the requirement of the man made liner and is currently awaiting Judge Piersol's final decision before finishing the waste dump facility.

Even though construction is near completion, the Yankton Sioux are determined to continue their fight against siting of the landfill on their reservation. At a recent General Council meeting they affirmed this stance in a virtually unanimous vote to continue their opposition.

In an effort to have the landfill relocated away from the Reservation to a safer site, the Tribe has even offered to join in the landfill district and to contribute money in order to help the District develop the new site. All such offers have been rejected by the District out of hand.

To help, write the following people and tell them you oppose the siting of the dump on the Yankton Sioux Reservation:

1. The federal government is violating tribal sovereignty by forcing the Tribe to accept a dump opposed by the tribal government and general population;
2. The landfill endangers tribal resources including water and wildlife;
3. The landfill endangers the health of tribal members;
4. The dump is in violation of President Clinton's February 11, 1994, executive order on environmental racism which directs federal agencies to "promote enforcement of all health and environmental statutes in areas with minority populations and low-income populations."

Carol Browner, Administrator
Environmental Protection Agency
401 M St. SW #1101
Washington, DC 20460

Senators Tom Daschle and Larry Pressler
U.S. Senate
Washington, DC 20510

Congressman Tim Johnson
House of Representatives
Washington, DC 20515

Jack McGraw, Region Eight Administrator
EPA, Suite 500
999 18th Street
Denver, CO 80202

For more information, contact:

Jim Stone
Yankton Sioux Tribe
Box 248
Marty, SD 57361
Phone: 605-384-3804 / 381-3641
Fax: 605-384-5687