(5) Any natural person who uses a hazardous substance lawfully and without negligence for
any personal or domestic purpose in or near a dwelling or accessory structure when that
person is:
A. A resident of the dwelling;
B. A person who, without compensation, assists the resident in the use of the
substance; or
C. A person who is employed by the resident but who is not an independent
contractor;
(6) Any person who, for the purpose of growing food crops, applies pesticides or fertilizers
without negligence and in accordance with all applicable Tribal and federal laws and
regulations.
(d) There may be no settlement by the Tribe with any person potentially liable under this Chapter
except in accordance with this Subsection.
(1) The Tribal Attorney may agree to a settlement with any potentially liable person only if
the Department finds that the proposed settlement would lead to a more expeditious
cleanup of hazardous substances in compliance with cleanup standards under Section
34-1.11 and with any remedial orders issued by the Department, subject to the
following:
A. Whenever practicable and in the public interest the Tribal Attorney may
expedite a settlement with a person whose contribution is insignificant in
amount and toxicity.
B. Whenever practicable and in the public interest the Tribal Attorney may
expedite a settlement with a person upon determining it probable that the cost
of enforcing this Act against that person will exceed amounts that might be
recovered in the enforcement action.
(2) A settlement agreement under this Subsection shall be entered as a consent decree
issued by the Tribal Court.
(3) A settlement agreement may contain a covenant not to sue only of a scope
commensurate with the settlement agreement in favor of any person with whom the
Tribal Attorney has settled under this Section.
i. Any covenant not to sue shall contain a reopener clause which requires the
Tribal Court to amend the covenant not to sue if factors not known at the time
of entry of the settlement agreement are discovered and present a previously
unknown threat to human health or the environment.
(4) A party who has resolved its liability to the Tribe under this Subsection shall not be liable
for claims for contribution regarding matters addressed in the settlement.
A. The settlement does not discharge any of the other liable parties but it reduces
the total potential liability of the others to the Tribe by the amount of the
settlement.
(e) If the Tribe has entered into a consent decree with an owner or operator under this Section, the
Tribe shall not enforce this Chapter against any owner or operator who is a successor in interest
to the settling party unless under the terms of the consent decree the Tribe could enforce
against the settling party, if:
A. The successor owner or operator is liable with respect to the facility solely due
to that persons ownership interest or operator status acquired as a successor
in interest to the owner or operator with whom the Tribe has entered into a
consent decree; and
B. The stay of enforcement under this Subsection does not apply if the consent
decree was based on circumstances unique to the settling party that do not
exist with regard to the successor in interest, such as financial hardship. Such
unique circumstances shall be specified in the consent decree.
(2) Any person who is not subject to enforcement by the Tribe under Section 34-1.05(d)(5)
is not liable for claims for contribution regarding matters addressed in the settlement.
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Revised Spokane Law & Order Code, 5/14/2013