(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

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