40.18.090 Voluntary Remediation Eligibility

Sites or properties that are eligible for voluntary remediation shall include:

(a) Sites or properties which meet the following conditions:

(1) Sites, or portions of sites or properties, where releases occurred before the effective date of this Act; and

(2) The site, or portion of site or property, where the release occurred was not subject to the requirements of a Tribal solid waste permit under this Act at the time of the release; or

(3) The site is not covered by an Order of the TM-TRP, TRIBAL COUNCIL or by any court and entered with the consent of the person or entity.

(b) Sites, or portions of sites, where releases occurred on or after the effective date of this Act and where the responsible party, owner or operator is implementing a pollution prevention plan approved by the TM- TRP to prevent further releases consistent with this Act.

(c) Waste management or disposal units that have been permitted under this Act and the TM-EPA Director determines that the release from the permitted unit, if restricted or prohibited by the permit, cannot be remediated in accord with the permit requirements because of technical impracticability.

(d) Site or properties that are not eligible to be voluntary remediation sites shall include:

(1) A site for which remediation is not voluntary under this section;

(2) A site that is listed on the National Priorities List of Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), 42 U.S.C. §§ 9601-9675;

(3) A commercial solid waste management facility, commercial waste incineration or disposal facility permitted under this Act;

(4) Underground and aboveground storage tanks subject to federal remediation requirements under RCRA;

(5) Radioactive waste storage or processing facilities subject to Federal requirements;

(6) Any site where a release resulted from continuous or repeated violations of any law, rule, regulation, permit or Order under this Act or other Tribal, state or federal Act, law or regulation.