independent remedial actions or proposals for those actions meet the
substantive requirements of this Chapter or whether the Department believes
further remedial action is necessary at the facility.
D. The Department may collect, from persons requesting advice and assistance,
the costs incurred by the Department in providing such advice and assistance;
however, the Department shall, where appropriate, waive collection of costs in
order to provide an appropriate level of technical assistance in support of public
participation.
E. The Tribe, Department, and officers, agents, attorneys, and employees of the
Tribe are immune from all liability, and no cause of action of any nature may
arise from any act or omission in providing, or failing to provide, informal advice
and assistance; and
(10)
Make determinations or take any other actions necessary to carry out the provisions
of this Chapter, including proposing that the Council amend this Chapter.
(b) The Department shall to the best of its ability implement all provisions of this Chapter, and the
Department shall:
(1) Provide for public notice of determinations that substances are hazardous substances,
investigative plans, clean up plans, or remedial plans and other significant actions taken
under this Chapter;
(2) Require the reporting by an owner or operator of releases of hazardous substances to
the environment that may be a threat to human health or the environment within 90
days of discovery, including such exemptions from reporting as the Department deems
appropriate, however this requirement shall not modify any existing requirements
provided for under other laws;
(3) Establish reasonable deadlines for initiating an investigation of a hazardous substance
site after the Department receives information that the site may pose a threat to human
health or the environment and other reasonable deadlines for remedying releases or
threatened releases at the site; and
(4) Enforce clean-up standards set forth in this and other Chapters of the Spokane Tribe of
Indians Law and Order Code.
(5) Establish and periodically update a Prioritization Guideline and Schedule, based on funds
available in the Hazardous Substances Account, for the reimbursement of reasonable
costs as provided in 34-1.06(b).
(c) The Department may, as available resources permit, establish a program to identify potential
hazardous substance sites and to encourage persons to provide information about hazardous
substance sites.
Legislative History-Adopted 12/22/03, Resolu. 2004-085; Readopted 8/01/06, Resolu. 2006-524.
34-1.05 Standard of Liability-Settlement.
(a) Except as provided in Section 34-1.05(c), the following persons are liable with respect to a
facility:
(1) The owner or operator of the facility at which a release occurs;
(2) Any person who owned or operated the facility at the time of disposal or release of the
hazardous substances;
(3) Any person who owned or possessed a hazardous substance and who by contract,
agreement, or otherwise arranged for disposal or treatment of the hazardous substance
at the facility, or arranged with a transporter for transport for disposal or treatment of
the hazardous substances at the facility, or otherwise generated hazardous substances
disposed of or treated at the facility;
(4) Any Person:
A. who accepts or accepted any hazardous substance for transport to a disposal,
treatment, or other facility selected by such person from which there is a
release or a threatened release for which remedial action is required, unless
such facility, at the time of disposal or treatment, could legally receive such
substance; or
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Revised Spokane Law & Order Code, 5/14/2013