40.18.120 Non-Voluntary Remediation

The Tribal EPA Director may require remediation by owners, operators, or other parties responsible for releases of hazardous substances, pollutants or contaminants on or from a property or site resulting in contamination. Such remediation, for parties that do not participate in the voluntary remediation program in this Act, may be required under a Tribal Order or permit issued pursuant to this Act. Remediation is not voluntary under this article if it is required by:

(a) Order of the TM-TRP, Compliance Officer, Tribal Council or by any federal or state court and entered into without the consent of a person; or

(b) Order of the TM-TRP, Compliance Officer, Tribal Council or by any federal or state court and entered without the consent of a person who has failed or refused to enter into, or breached the terms of, a Remediation Assessment Agreement, Remediation Agreement or reopened Remediation Agreement; or

(c) Administrative or judicial order to which the United States Environmental Protection Agency is a party, which is issued after the effective date of this Act, on a site or property that has been determined not to be eligible under this section.

Sites or properties that are not eligible for voluntary remediation are subject to all other applicable requirements of this Act.