(5) The prevailing party in such an action shall recover its reasonable attorneys’ fees and
costs.
Legislative History-Adopted 12/22/03, Resolu. 2004-085; Readopted 8/01/06, Resolu. 2006-524.
34-1.10 Remedial Actions-Exemption from Procedural Requirements.
(a) A person conducting a remedial action at a facility under a consent decree, order, or agreed
order, and the Department when it conducts a remedial action, are exempt from the procedural
requirements of all otherwise applicable Tribal laws.
(1) The Department shall ensure compliance with the substantive provisions of all otherwise
applicable Tribal laws.
(2) The Department shall establish procedures for ensuring that such remedial actions
comply with the substantive requirements adopted pursuant to such laws.
(3) Establishment of such procedures may be generally applicable or on a case-by-case
basis.
(4) The procedures shall be subject to this Chapter’s public notice provisions, and prior to
implementation shall be provided for comment to Tribal agencies that would otherwise
implement the laws referenced in this Section.
(5) Nothing in this Section is intended to prohibit implementing agencies from charging a
fee to the person conducting the remedial action to defray the costs of services
rendered relating to the substantive requirements for the remedial action.
(b) An exemption in this Section or in any other applicable Tribal law shall not apply if the
Department determines that the exemption would result in loss of approval from a federal
agency necessary for the Tribe to administer any federal cleanup or natural resource protection
law.
(1) Such a determination by the Department shall not affect the applicability of the
exemptions to other statutes specified in this Section.
Legislative History-Adopted 12/22/03, Resolu. 2004-085; Readopted 8/01/06, Resolu. 2006-524.
34-1.11 Cleanup standards.
(a) Surface water, groundwater, soil, sediment and other cleanup standards
(1) The cleanup standards enforced by the Department shall be those set forth in the
federal cleanup law, unless the Tribe has adopted more stringent standards, in which
case those standards shall apply.
(2) Tribal cleanup standards to be enforced pursuant to this Chapter shall be those
standards set forth in Appendices A, B and C to this Chapter with respect to
groundwater, soils and sediments, and the Tribal Surface Water Quality Standards with
respect to surface water.
(3) Upon approval by Tribal Council Resolution, additional or modified cleanup standards
shall be appended to this Chapter and enforced.
(b) Application of standards
(1) Application of standard methods consistent with those described in Risk Assessment
Environmental Protection Agency, 1989), in full
Guidance for Superfund (U.S.
consideration of cumulative risk as defined herein, is required.
(2) When assessing risks for a Tribally designated industrial or commercial site, in full
consideration of cumulative risk as defined herein, the determination of commercial or
industrial land use status shall be at the Department's discretion in consultation with the
Tribal Planning Department.
(3) Commercial or industrial land use status shall not be granted in community wellhead
protection zones as delineated by the Department nor shall it be granted in cases where
in the opinion of the Department contamination from the site in question might be
captured by a water source used for human consumption, including but not limited to
wells and springs.
(c) Should the nature and extent of contamination attributable to a given release include more than
1 medium, more than 1 contaminant, or more than 1 pathway, criteria based on cumulative risk
shall be calculated using methods described in Risk Assessment Guidance for Superfund
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Revised Spokane Law & Order Code, 5/14/2013