40.18.100 Voluntary Remediation Requirements

Consistent with the policy and purpose of this Act, this section shall provide incentive to a responsible party, owner or operator to voluntarily remediate eligible sites. All voluntary remediation for eligible sites shall be performed in accordance with this Act and all remediation requirements shall be contained in a Remediation Agreement issued by the TM-TRP. The following requirements and procedures are necessary for voluntary remediation of eligible sites or properties under this Act:

(a) The remediation shall not conduct un-permitted releases of hazardous substances, pollutants or contaminants to the environment of the Reservation;

(b) Except as provided in this section, no additional remediation requirements may be imposed by the TM-TRP under this Act for remediation of any site or property subject to a Remediation Agreement issued by the TM-TRP, unless the Remediation Agreement has been reopened or terminated pursuant to this Act;

(c) Nothing in this section shall prohibit the imposition of remediation requirements to address the release of a contaminant which may occur after a Remediation Agreement has been entered into or a no further action letter has been issued;

(d) Remediation authorized by the TM-TRP under this section shall not be deemed a prohibited act under this Act, or of any rules or regulations promulgated thereunder;

(e) Nothing herein shall relieve owners or operators of eligible sites from applicable permit requirements under this Act or limit the TM-EPA Director's ability to undertake enforcement action relating to a complaint under this Act and impose a penalty for violation of the Act;

(f) Nothing in this section shall limit the TM-EPA Director's authority to order any person to abate any condition that poses an imminent or substantial endangerment to human health or the environment, or the TM-EPA Director's authority to issue emergency orders or take emergency action.