40.18.010 Remedial Actions by Turtle Mountain Tribal Response Program (Tm-Trp)

The TM-TRP, as a part of the TM-EPA, may investigate, assess, and remediate, or require a responsible party to investigate, assess or remediate a release, or threat of release, of a hazardous waste, substance, pollutant, contaminant, petroleum product, controlled substance or mining materials that may pose a threat to public health, welfare or the environment.

(a) Remedial Actions by TM-TRP in Circumstances Posing an Imminent Threat. If a release of a hazardous substance, pollutant or contaminant results from the management, handling, treatment, storage, transportation or disposal of a solid or hazardous waste, hazardous material, petroleum product, controlled substance or from mining activity poses an imminent threat to life or public health, TM-TRP may:

(1) Perform such activities as are necessary to address the threat in cooperation with any other Tribal, state, or federal agency;

(2) Conduct inspections and investigations as provided for in Chapter 40.16 of this Act; and

(3) Expend any available funds to perform any assessment, cleanup, abatement, and remedial activities required to mitigate the threat, subject to the approval of the Tribal Council.

(b) Remedial Actions by TM-TRP; Generally, if a release of a hazardous substance, pollutant or contaminant resulting from the management, handling, treatment, storage or disposal of a solid waste or hazardous waste, petroleum product, controlled substance or from mining activity does not pose an imminent threat to life, health or the environment, but TM-TRP and/or the Compliance Officer deems it necessary for the public health, safety or the environment to perform assessment, cleanup, abatement or other remedial actions, TM-TRP may perform such activities in cooperation with any other Tribal, state, or federal agency and expend available monies thereon, subject to the approval of the Tribal Council.

(c) Remediation by TM-TRP at Orphan Sites. The Tribal EPA may expend funds, subject to approval of the Tribal Council, for the purpose of remediation of orphan sites and the performance of any other activity as defined in this section. Such activities may include conducting site evaluations and testing, evaluating remedial measures, selecting remediation requirements, and constructing, installing, maintaining and operating systems to remedy contamination in accordance with a remediation work plan prescribed by the Tribal EPA Director (the TM-EPA Director) for the orphan site. The liability of the TM-TRP and the Tribes to fulfill the requirements of this section is limited to the amount of funds available for such actions. As used in this section, orphan sites means:

(1) Sites where the Tribal EPA Director determines that there is no viable party that is responsible for causing or contributing to the contamination present at the site;

(2) Sites where the TM-TRP has issued a no further action letter, and where there is a subsequent discovery of contamination which was present at the site when the no further action letter was issued but:

(A) Was not known to the site owner or the TM-TRP at the time the no further action letter was issued, provided that a comprehensive and complete site characterization was conducted by the party to the Remediation Agreement;

(B) Is not the result of activities conducted on the site after the no further action letter was issued; and

(C) Does not constitute an imminent or substantial endangerment to human health or the environment which is being addressed by the holder of the no further action letter pursuant to a reopening of the no further action letter under this section; or

(3) Spill sites, where the TM-TRP determines that the person responsible for the spill cannot be identified, or where the department must take prompt action to prevent hazards to human health or the environment at a site where a responsible party, or other appropriate state or federal authority, fails to act promptly.

(d) Remedial Actions by TM-TRP for Failure to Perform.

Remedial action may be taken by the TM-TRP in the absence of, or in addition to, assessment, cleanup, abatement, or remedial activities by the site owner, operator or other persons in cooperation with any other Tribal, state, or federal agency in the event that the activities subject to a Tribal Order or Voluntary Remediation Agreement are not satisfactorily performed or completed.