(4) Being toxic substances that are either singly or in combination, at concentrations that
cause, or can reasonably be expected to cause, injury to human health or biological
resources including soil and sediment-dwelling organisms.
(5) Exceeding the following acceptable doses of ionizing radiation: for aquatic animals,1
rad/d (10 mGy/d); for terrestrial plants, 1 rad/d (10 mGy/d); and for terrestrial animals,
0.1 rad/d (1 mGy/d). Such doses shall be calculated using procedures described in AA
Graded Approach for Evaluating Radiation Doses to Aquatic and Terrestrial Biota” (DOESTD-1153-2002, U.S. Department of Energy, July, 2002).
(c) “Agreed Order” means an order issued by the Department under this Chapter with which the
potentially liable person receiving the order agrees to comply.
(d) "Appropriate reference site or region" means a location within the same medium or within the
same basin or eco-region that has been determined by the Department to represent background
conditions.
(e) “Attorney” or “Tribal Attorney” means the attorney authorized by the Council to carry out any
duties as described in this Chapter.
(f) "Background" means the natural physico-chemical conditions associated with the volume of
media in which the release occurred, prior to the release. In many instances, location
immediately outside of the nature and extent of contamination can be used by the Department
to determine background. In instances in which no such locations are available, the Department
shall identify an "appropriate reference site or region".
(g) “Council” means the Spokane Tribal Council.
(h) "Cumulative Risk" means risk caused from post release doses from multiple pathways, multiple
media (primary and secondary sources), and/or multiple hazardous substances.
(i) “Department” means the Department of Natural Resources of the Spokane Tribe of Indians.
(j) “Facility” means:
(1) Any building, structure, installation, equipment, pipe or pipeline (including any pipe into
a sewer or publicly owned treatment works), well, pit, pond, lagoon, impoundment,
ditch, landfill, storage container, motor vehicle, rolling stock, vessel, or aircraft; or
(2) Any site area or volume or media where a hazardous substance, other than a consumer
product in consumer use, has been deposited, stored, disposed of, or placed, or
otherwise come to be located.
(k) “Federal Cleanup Law” means the federal Comprehensive
Compensation, and Liability Act of 1980, as amended.
Environmental
Response,
(l) “Foreclosure and its equivalents” means purchase at a foreclosure sale, acquisition, or
assignment of title in lieu of foreclosure, termination of a lease, or other repossession,
acquisition of a right to title or possession, an agreement in satisfaction of the obligation, or any
other comparable formal or informal manner, whether pursuant to law or under warranties,
covenants, conditions, representations, or promises from the borrower, by which the holder
acquires title to or possession of a facility securing a loan or other obligation.
(m) “Hazardous Substance"
(1) “Hazardous Substance” means:
A. Any discarded, useless, unwanted, or abandoned substances, including but not
limited to certain pesticides, or any residues or containers of such substances
which are disposed of in such quantity or concentration as to pose a substantial
present or potential hazard to human health, wildlife, or the environment
because such wastes or constituents or combinations of such wastes:
i. Have short-lived, toxic properties that may cause death, injury, or
illness or have mutagenic, teratogenic, or carcinogenic properties; or
ii. Are corrosive, explosive, flammable, or may generate pressure through
decomposition or other means.
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Revised Spokane Law & Order Code, 5/14/2013