40.18.140 Remediation Agreement

Any Remediation Agreement shall contain, at a minimum:

(a) A Remedial Action Plan, including:

(1) the remediation standards and objectives for the site or property;

(2) the remediation standards and objectives for adjacent property;

(3) a description of any engineering or proposed Tribal institutional controls;

(4) a schedule for the required remediation activities; and

(5) conditions for the effective and efficient implementation of the Remediation Agreement.

(b) A suitable bond or other evidence of financial assurance, that is approved and accepted by the TM-EPA Director, to assure the satisfactory performance of the planned remediation and maintenance of engineering controls and any long term monitoring activities. It shall be the duty of any successor in interest in the property to maintain such bond or financial assurance; and

(c) Re-openers or termination clauses determined appropriate by the TM-EPA Director.

The TM-EPA Director may enter into a Remediation Agreement for any site or property subject to a prior administrative or judicial order or permit which contains remedial requirements. However, no Remediation Agreement for any such site or property shall be effective until the previous order or permit has been modified to incorporate the terms of the Remediation Agreement. Modifications to Orders or permits under this section shall be made using the procedures specified in the prior Order or permit.

Entry into a Remediation Agreement under this section shall not affect the duty of the site owner or operator to comply with any prior order or permit.