40.18.040 Recovery of Expenditure of Tribal Funds

In any case under this section where the TM-TRP expends funds to investigate, assess, remediate or contain contamination resulting from a spill or a release, and where the TM-TRP has identified a responsible party, and the responsible party is not an "innocent Land owner", the responsible party shall reimburse the TM-TRP. If a release of a hazardous substance, pollutant or contaminant is assessed, remediated, the effects thereof abated, or other necessary remedial action is taken by the TM-TRP as described above, the person or persons who committed or allowed the improper disposal, action or release shall be liable to TM-TRP for the reasonable costs actually incurred in cleaning up any solid waste, hazardous waste or hazardous material, abating the effects thereof, monitoring , implementing engineering controls or taking other remedial action. The amount of such costs shall be recoverable in a civil action in the Tribal Court, together with the costs of suit incurred by TM-TRP in recovering such monies. A judgment ordering the payment of these costs to TM-TRP will bear interest at the rate of fifteen percent (15%) a year or at the rate of interest allowable on judgments under XXXXXX law, whichever is greater. TM-TRP shall reimburse the Tribes to the extent of the latter's contribution.