3.25.150 Cleanup Fund

(a) The Department shall establish a Contaminated Site Cleanup Fund ("cleanup fund").

(b) The Fund shall be used to:

(1) Take or provide funds for immediate action where the department has determined such action is required to protect human health or the environment and a potentially responsible party is unable or cannot be compelled to take such action;

(2) Investigate or provide funds for the investigation of any releases or threatened releases of hazardous substances, including but not limited to inspecting, sampling, or testing to determine the nature or extent of any release or threatened release a potentially responsible party is unable or cannot be compelled to take such action;

(3) Conduct or provide funds for conducting remedial actions (including investigations under (2) of this subsection) to remedy releases or threatened releases of hazardous substances;

(4) Provide funds necessary to prosecute an action to recover the department's costs of immediate action, investigation of releases or threatened releases, remedial action, and/or costs or penalties available under Section 3.25.090 for noncompliance with this ordinance; and

(5) Reimburse a person who is not a responsible party under Section 3.25.120(a) any reasonable costs he or she has incurred either:

i. complying with an order issued by the department under Section 3.25.090(a); or,

ii. performing an immediate action and/or remedial action where the department has determined such action was required to protect human health or the environment

(c) The Fund shall be financed through deposits made pursuant to Section 3.25.090(f) and Section 3.25.120(b) of this Chapter, and through deposits of such fees or taxes on the manufacture, sale, or transport of hazardous substances on or through the Reservation as may be required under tribal law.