40.18.060 Accidental Release or Spill

In the event of an accidental release or spill of a hazardous substance, pollutant or contaminant to the air, land or waters or groundwater of the Reservation resulting in a potential threat to the public health, welfare or the environment within the boundaries of the Reservation the persons causing the release or the originating facility's or vehicle's owner or operator must implement the requirements of this section to include:

(a) Timely and Appropriate Action. The persons causing the release or the originating facility or vehicle owner or operator must take timely and appropriate action to include notification of appropriate officials and government agencies as specified below. Failure to take timely and appropriate action, as directed by this section and the Compliance Officer may result in enforcement action pursuant to this Act and other Tribal Acts and/or referral to appropriate state or federal agencies.

(b) When Notification is Required. Where an accidental spill or release of a hazardous substance, pollutant or contaminant has occurred within the boundaries of the Reservation; and

(1) The release poses a potential threat to the public health, welfare or the environment; or

(2) The release exceeds 25 gallons or causes a sheen on surface water; or

(3) It exceeds any Tribal or federal U.S EPA groundwater, surface water or drinking water quality standards; or

(4) The release is required to be reported according to SARA, Title III,

§ 304 (1986); or

(5) The Compliance Officer requires a notification of a release to be made.

(c) Who to Notify of a Release. The owner or operator of a facility or a vehicle believed to be the source of such a release of a hazardous substance, pollutant or contaminant must notify the TM-TRP within

_(time)? at (phone No.) as well as the appropriate State and federal authorities.

(d) Notification Information Required. All notifications and reports of an accidental release or spill of any hazardous substance, pollutant shall contain the following information, at a minimum, to the best of the reporting person's ability:

(1) Name and telephone number of the reporting person;

(2) Name and address of the facility (or location of the spill or accident);

(3) Name of facility/vehicle owner contact if different than reporting person;

(4) Time and type of incident, for example spill, release, fire, etc;

(5) Name, description and quantity of materials involved, to the extent known;

(6) The extent of any injuries, if known;

(7) The possible hazard to human health or the environment outside the facility or to the nearby area;

(8) Description of actions taken to mitigate the release or spill; and

(9) Other authorities notified.

(e) Additional Reports. Subsequent to the initial report, the responsible person shall immediately notify the Compliance Officer of information that changes the accuracy of the initial report. As directed by the Compliance Officer, the responsible person shall make additional reports verbally or in writing.

(f) Response Action Required. The owner or operator of a facility or a vehicle believed to be the source of such a release or spill of a hazardous substance, pollutant or contaminant must comply with the requirements of this Act and the Compliance Officer to address the immediate and long term impacts of the release or spill to include all necessary containment, remediation, assessment of impacts and long term monitoring.