(1) the Department determines the temporary disposal facility is necessary for addressing
an emergency that threatens human health or the environment; and
(2) the Department determines that disposal at the temporary disposal facility will not
exceed acceptable human health or ecological risk levels as determined pursuant to 341.03(a) and (b), respectively; and
(3) except as provided below, the temporary facility shall be permanently closed consistent
with this Chapter's cleanup standards no later than 2 years following the beginning of its
operation.
A. the Department may extend the length of a temporary disposal facility's
operation for up to 3 1-year periods, following a public hearing for each 1-year
extension.
(d) For the purpose of this Chapter, a new disposal facility is 1 that is not specifically authorized
under applicable law for disposal of hazardous substances prior to this Chapter's enactment.
(e) The limitations of this Section shall not apply to the permanent disposal of hazardous
substances generated as a byproduct of mining operations, if:
(1) the hazardous substances are naturally occurring and have not been concentrated or
chemically altered by human processes; and
(2) the disposal is part of a cleanup that complies with the requirements of Tribal cleanup
standards or the federal cleanup law.
Legislative History-Adopted 12/22/03, Resolu. 2004-085; Readopted 8/01/06, Resolu. 2006-524.
34-1.13 General Provisions
34-1.13.1 Sovereign Immunity. Nothing in this Chapter shall be construed to constitute a waiver of the
sovereign immunity of the Tribe, or of any instrumentality, agent, officer, or employee of the Tribe.
Adopted 12/22/03, Resolu. 2004-085; Readopted 8/01/06, Resolu. 2006-524.
34-1.13.2 Captions. As used in this Chapter captions constitute no part of the law.
Legislative History-Adopted 12/22/03, Resolu. 2004-085; Readopted 8/01/06, Resolu. 2006-524.
34-1.13.3 Construction. The provisions of this Chapter are to be liberally construed to effectuate the policies
and purposes of this Chapter. In the event of conflict between the provisions of this Chapter and its
Appendices, referenced documents, or any other Act, the provisions of this Chapter shall govern.
Legislative History-Adopted 12/22/03, Resolu. 2004-085; Readopted 8/01/06, Resolu. 2006-524.
34-1.13.4 Effective Date. The effective date of this Chapter shall be the date this Chapter is enacted and
adopted by the Council. This Chapter shall apply retroactively.
Legislative History-Adopted 12/22/03, Resolu. 2004-085; Readopted 8/01/06, Resolu. 2006-524.
34-1.13.5 Severability. If any provision of this Chapter or its application to any person or circumstance is
held invalid, the remainder of the Chapter or the application of the provision to other persons or
circumstances is not affected.
Legislative History-Adopted 12/22/03, Resolu. 2004-085; Readopted 8/01/06, Resolu. 2006-524.
APPENDIX A
SPOKANE TRIBAL HAZARDOUS SUBSTANCES CONTROL
Ground water cleanup levels.
(a) The following Table indicates the minimum cleanup levels for ground water, in terms of amount
of individual hazardous substance per unit volume, for the hazardous substances listed.
(b) These cleanup levels shall remain in effect until the Department of Natural Resources
(“Department”) amends them.
(c) The Department also may establish more stringent cleanup levels for a specific site, when,
based on a site-specific evaluation, the Department determines that such levels are necessary to
protect human health and the environment.
(d) For substances not listed below, refer to the state of Washington’s current publication on “Model
Toxics Control Act Cleanup Levels and Risk Calculations.”
(e) The following table of criteria has been developed based on acceptable risk and assuming that
the receptor (a human child or adult) receives a reasonable maximal exposure (RME) from a
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Revised Spokane Law & Order Code, 5/14/2013