(f) In addition to the settlement authority provided under Section 34-1.05(d), the Tribal Attorney
may agree to a settlement with a person not currently liable for remedial action at a facility who
proposes to purchase, redevelop, or reuse the facility, provided that:
(1) The settlement will yield substantial new resources to facilitate cleanup;
(2) The settlement will expedite remedial action consistent with this Chapter; and
(3) Based on available information, the Department determines that
A. the redevelopment or reuse of the facility is not likely to contribute to the
existing release or threatened release, interfere with remedial actions that may
be needed at the site, or increase health risks to persons at or in the vicinity of
the site.
B. The Department does not have adequate resources to participate in all property
transactions involving contaminated property.
(4) The primary purpose of Section 34-1.05(e) is to promote the cleanup of hazardous
substances.
(5) The Tribal Attorney may give priority to settlements that will provide a substantial public
benefit, including, but not limited to the reuse of a vacant or abandoned manufacturing
or industrial facility, or the development of a facility by a Tribal entity to address an
important public purpose.
(g) Nothing in this Chapter affects or modifies in any way any person’s right to seek or obtain relief
under Tribal law, or other applicable laws, including but not limited to damages for injury or loss
resulting from a release or threatened release of a hazardous substance
(1) No settlement by the Department or remedial action ordered by the Tribal Court or the
Department affects any person’s right to obtain a remedy under Tribal law, or other
applicable laws.
Legislative History-Adopted 12/22/03, Resolu. 2004-085; Readopted 8/01/06, Resolu. 2006-524.
34-1.06 Enforcement.
(a) With respect to any release, or threatened release, for which the Department does not conduct
or contract for conducting remedial action and for which the Department believes remedial
action is in the Tribe's and/or public's interest, the Director shall issue orders or agreed orders
requiring potentially liable persons to provide the remedial action.
(b) Any liable person who refuses, without sufficient cause, to comply with an order or agreed
order of the Director is liable in an action brought by the Tribal Attorney for:
(1) Up to 3 times the amount of any costs incurred by the Tribe as a result of the party's
refusal to comply; and
(2) A civil penalty of up to 25,000 dollars for each day the party refuses to comply.
(c) The treble damages and civil penalty under this Subsection apply to all recovery actions filed on
or after the date of enactment of this Chapter.
(d) Any person who incurs costs complying with an order issued under Subsection (a) of this
Section may petition the Department for reimbursement of those costs, provided, the petition
contains a good faith showing that such person is not liable under Sections 34-1.03(y) and 341.05.
(1) If the Department determines that such person is not liable under Sections 34-1.03(y)
and 34-1.05, reimbursements of reasonable costs shall be made subject to availability
of funds in the Hazardous Substances Account in accordance with the Department’s
Prioritization Guideline and Schedule.
(e) The Tribal Attorney shall seek, by filing an action if necessary, to recover the amounts spent by
the Department for investigative and remedial actions and orders, and agreed orders, including
amounts spent prior to the date of enactment of this Chapter.
(f) The Tribal Attorney may bring an action to secure such relief as is necessary to protect human
health and the environment under this Chapter.
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Revised Spokane Law & Order Code, 5/14/2013