(g) Any person who fails to provide notification of releases consistent with 34-1.04(b)(2) or who
submits false information is liable in an action brought by the Tribal Attorney for a civil penalty
of up to $5,000 per day for each day the party fails to comply.
Legislative History-Adopted 12/22/03, Resolu. 2004-085; Readopted 8/01/06, Resolu. 2006-524.
34-1.07 Judicial Review.
(a) The Department’ s investigative and remedial decisions under Sections 34-1.04 and 34-1.06, and
its decisions regarding liable persons under Sections 34-1.03(y) and 34-1.05, shall be reviewable
exclusively in Tribal Court and only at the following times:
(1) In a cost recovery suit under Section 34-1.06(c);
(2) In a suit by the Department to enforce an order or an agreed order, or seek a civil
penalty under this Chapter; and
(3) In a suit by the Department to compel investigative or remedial action.
(b) The court shall uphold the Department’s actions unless they were arbitrary and capricious.
Legislative History-Adopted 12/22/03, Resolu. 2004-085; Readopted 8/01/06, Resolu. 2006-524.
34-1.08 Hazardous Substances Account.
(a) There shall be established a hazardous substances account to be administered by the
Department.
(b) The following moneys shall be deposited into the hazardous substances account:
(1) The costs of remedial actions recovered under this Chapter;
(2) Penalties collected or recovered under this Chapter; and
(3) Any other money appropriated or transferred to the account by the Department.
A.
Moneys in the account may be used only to carry out the purposes of this
Chapter including but not limited to the following activities:
i. The hazardous substance cleanup program required under this Chapter;
ii. Matching funds required under any federal law;
iii. Tribal programs for the safe reduction, recycling, or disposal of hazardous
substances from households, small businesses, and agriculture;
iv. Hazardous materials emergency response training; and
v. Water and environment health protection and monitoring programs;
vi. Reimbursement of costs pursuant to 34-1.06(b).
(c) Moneys in the hazardous substances account that are not reimbursements under 34-1.06(b) may
be spent only after approval of a budget by the Council. All earnings from investment of
balances in the account shall be credited to the account.
Legislative History-Adopted 12/22/03, Resolu. 2004-085; Readopted 8/01/06, Resolu. 2006-524.
34-1.09 Private Right of Action-Remedial Action Costs.
(a) A person may bring a private right of action, including a claim for contribution or for declaratory
relief against any other person liable under Section 34-1.05 for the recovery of remedial action
costs, except that no private right of action may be brought against the following:
(1) The Tribe or instrumentalities of the Tribe (except where specifically provided for by
waiver of sovereign immunity); or
(2) Persons or parties as provided in Sections 34-1.05(d)(4), (6).
(b) Recovery shall be based on such equitable factors as the Tribal Court determines are
appropriate. Natural resource damages paid to the Tribe under this Chapter may be recovered.
(1) Remedial action costs shall include reasonable attorneys’ fees and expenses.
(2) Recovery of remedial action costs shall be limited to those remedial actions that, when
evaluated as a whole, are the substantial equivalent of a Department-conducted or
Department-supervised remedial action.
(3) Substantial equivalence shall be determined by the Tribal Court with reference to this
Chapter.
(4) An action under this Section may be brought after remedial action costs are incurred but
must be brought within 3 years from the date remedial action confirms cleanup
standards are met.
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Revised Spokane Law & Order Code, 5/14/2013