3.25.020 Purpose and Policy

(a) The purpose of this law is to:

(1) Regulate the identification, investigation and remediation of discharges of hazardous substances to the environment;

(2) Identify sites where the discharge of a hazardous substance into the environment has occurred;

(3) Eliminate contamination from and control the threat of, or actual discharge of hazardous substances; and

(4) To impose on, and recover from, the responsible party(ies) all costs of removal or remedial action incurred by the Tribe; and damages for injury to, destruction of, or loss of natural resources, including the reasonable costs of assessing such injury, destruction, or loss resulting from such a release.

(b) It is the policy of the Tribe to:

(1) Respond to discharges of hazardous substances and environmental contamination concerns;

(2) Ensure as the first priority that the contaminated lands are restored to pre-release conditions, using Tribal cleanup standards that are the most protective of human health, natural resources, and tribal subsistence uses;

(3) Ensure that remediation is financed and conducted in the first instance by the responsible party(ies); and

(4) If the department determines that remediation and restoration to pre-release conditions is not technologically possible, ensure that the Tribe recovers damages for the destruction or loss of natural resources from the responsible party(ies).