(qq)
“Tribal Court” means the Tribal Court of the Spokane Tribe of Indians as established in
Article VIII of the Tribe’s Constitution.
Legislative History-Adopted 12/22/03, Resolu. 2004-085; Readopted 8/01/06, Resolu. 2006-524.
34-1.04 Powers and Duties of Natural Resources.
(a) The Spokane Tribe of Indians’ Department of Natural Resources (“Department”) may exercise
the following powers in addition to any other powers granted by Tribal or federal law:
(1) Investigate, provide for investigating, or require potentially liable persons to investigate
any releases or threatened releases of hazardous substances, including but not limited
to inspecting, sampling, or testing to determine the nature or extent of any release or
threatened release.
A. If there is a reasonable basis to believe that a release or threatened release of a
hazardous substance may exist, the Department’s authorized employees,
agents, or contractors may enter upon any property and conduct investigations.
B. The Department shall give reasonable notice before entering property unless an
emergency prevents such notice.
C. The Department may by subpoena require the attendance or testimony of
witnesses and the production of documents or other information that the
Department deems necessary;
(2) Conduct, provide for conducting, or require potentially liable persons to conduct
remedial actions (including investigations under Section 34-1.04(a)(1)) to remedy
releases or threatened releases of hazardous substances. In carrying out such powers,
the Department’s authorized employees, agents, or contractors may enter upon
property.
A. The Department shall give reasonable notice before entering property unless an
emergency prevents such notice.
B. In conducting, providing for, or requiring remedial action, the Department shall
give preference to permanent solutions to the maximum extent practicable and
shall provide for or require monitoring adequate to assess the effectiveness of
the remedial action;
(3) Retain contractors and consultants to assist the Department in carrying out
investigations and remedial actions;
(4) Carry out all Tribal programs authorized under the federal cleanup and natural resource
protection laws, and other federal laws;
(5) Classify substances as hazardous substances for purposes of this Chapter;
(6) Issue orders or enter into consent decrees or agreed orders that include, or issue
written opinions under Section 34-1.04(a)(9) that may be conditioned upon, deed
restrictions or other appropriate institutional controls as may be necessary to protect
human health and the environment from a release or threatened release of a hazardous
substance from a facility. Prior to establishing a deed restriction or other appropriate
institutional control under this subsection, the Department shall notify and seek
comment from the appropriate Tribal Department(s) with jurisdiction over the real
property subject to such restriction;
(7) Enforce the application of permanent and effective institutional controls that are
necessary for a remedial action to be protective of human health and the environment;
(8) Require holders to conduct remedial actions necessary to abate an imminent or
substantial endangerment;
(9) Provide informal advice and assistance to persons regarding the administrative and
technical requirements of this Chapter.
A. This may include site-specific advice to persons who are conducting or
otherwise interested in independent remedial actions.
B. Any such advice or assistance shall be advisory only, and shall not be binding on
the Department.
C. As a part of providing this advice and assistance for independent remedial
actions, the Department may prepare written opinions regarding whether the
274
Revised Spokane Law & Order Code, 5/14/2013