3.25.090 Enforcement and Penalties

(a) With respect to any release, or threatened release, for which the department does not conduct or contract for conducting remedial action and for which the department believes remedial action is in the public interest, the director shall issue orders or agreed orders requiring potentially responsible persons to provide the remedial action. Any responsible person, or prospective purchaser who has entered into an agreed order under Section 3.25.070(a)(6) of this chapter, who refuses, without sufficient cause, to comply with an order or agreed order of the director is liable in an action brought by the Tribe for:

(1) Up to three times the amount of any costs incurred by the department as a result of the party's refusal to comply, including attorney's fees; and

(2) A civil penalty of up to $25,000 for each day the party refuses to comply.

(b) Any person who is not a responsible person under Section 3.25.120(a) who incurs costs complying with an order issued under subsection (a) of this section may petition the department for reimbursement of those costs. If the department refuses to grant reimbursement, the person may within thirty days thereafter file suit in tribal court and recover such costs by proving that he or she was not a responsible person under this chapter and that the costs incurred were reasonable.

(c) The Tribe shall seek, by filing an action if necessary in a court of competent jurisdiction, to recover the amounts spent by the department for investigative and remedial actions and orders, and agreed orders.

(d) The Tribe may bring an action to secure such relief as is necessary to protect human health and the environment under this chapter.

(e) Any person who fails to provide notification of releases consistent with this chapter or who submits false information is liable in an action brought by the Tribe for a civil penalty of up to $5,000 per day for each day the party refuses to comply.

(f) Any penalties recovered under this section, in excess of unreimbursed costs incurred by the department, shall be deposited to the cleanup fund.