CHAPTER 34 - HAZARDOUS SUBSTANCE CONTROL
34-1.01 Short Title. This Chapter shall be known as the Spokane Tribe Hazardous Substances Control Act.
Legislative History-Adopted 12/22/03, Resolu. 2004-085; Readopted 8/01/06, Resolu. 2006-524.
34-1.02 Declaration of Policy.
(a) The beneficial stewardship of the land, air, and waters of the Spokane Indian Reservation is a
solemn obligation of the present generation for the benefit of future generations.
(b) Each person either residing on or doing business within the exterior boundaries of the Spokane
Indian Reservation (“Reservation Population”) benefits from a healthful environment and each
person has a responsibility to preserve and protect the quality of the Reservation Environment.
(c) The Spokane Tribal Council (“Council”) finds that an emergency currently exists which requires
the immediate action of the Council to secure the preservation of life, health, property, and
natural resources of the Tribe, its people, and fee and trust lands.
(1) Pollution sources are currently known to be, or suspected of, contaminating the
Reservation air, land, surface water and ground waters (“Reservation Environment”) for
which existing federal law may not apply or may not be enforced.
(2) Synergistic and cumulative impacts harmful to the health of the Reservation people and
ecosystems, are resulting from existing pollution and will be compounded by pollution
from new sources.
(d) The emergency is having a serious and substantial effect on the Tribe’s political integrity,
economic security, and health and welfare, requiring the Tribe, as a sovereign, to act in
protection of the Reservation’s people and ecosystems.
(e) The main purpose of this Chapter is to address the existing emergency, to provide remedial law
for the cleanup of hazardous substances sites, and to prevent the creation of future hazards due
to improper use or disposal of hazardous substances on or into the Reservation Environment.
Legislative History-Adopted 12/22/03, Resolu. 2004-085; Readopted 8/01/06, Resolu. 2006-524.
34-1.03 Definitions.
(a) “Acceptable Human Health Risk��� means any current or future situation in which any substance
released into the environment results in a cumulative risk determined by applying the
appropriate risk scenario for the intended uses of the resources and summing the risks from
each contaminant of concern, measured in each medium (such as air, surface water ground
water, soils, and sediments) over each pathway is estimated to be:
(1) For systemic toxicants, acceptable exposure levels shall represent concentration levels to
which the human population, including sensitive subgroups, may be exposed without
adverse effect during a lifetime or part of a lifetime, incorporating an adequate margin
of safety.
(2) Generally, for systemic toxicants, this exposure level is represented by a hazard index of
less than unity (HI < 1);
(3) For known or suspected carcinogens, acceptable exposure levels are generally
concentration levels that represent an excess upper bound life-time cancer risk to an
individual of 10-6 using information on the relationship between dose and response.
(b) "Acceptable Ecological Risk" means risk to ecological resources resulting from a release of oil or
hazardous substance in concentrations that do not exceed concentrations that are capable of:
(1) Causing the biological resource or its offspring to have undergone at least 1 of the
following adverse changes in viability: death, disease, behavioral abnormalities including
avoidance behavior, cancer, genetic mutations, physiological malfunctions (including
malfunctions in reproduction), or physical deformations; or
(2) Exceeding acceptable human health limits for edible portions of organisms; or
(3) Bioaccumulating 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.
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Revised Spokane Law & Order Code, 5/14/2013