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Bad River Band of the Lake Superior Chippewa Indians Tribal Code.

3.25.160 Remedial Actions

(a) The department shall select appropriate remedial actions determined to be necessary to be carried out under section Section 3.25.070(a) of this chapter.

(b) Remedial actions in which treatment which permanently and significantly reduces the volume, toxicity or mobility of the hazardous substances, pollutants, and contaminants is a principal element, are to be preferred over remedial actions not involving such treatment.

(c) The offsite transport and disposal of hazardous substances or contaminated materials without such treatment should be the least favored alternative remedial action where practicable treatment technologies are available.

(d) In assessing alternative remedial actions, the department shall, at a minimum, take into account:

(1) the persistence, toxicity, mobility, and propensity to bioaccumulate of the hazardous substances and their constituents;

(2) short- and long-term potential for adverse health effects from human exposure;

(3) short- and long-term potential for adverse effects to the environment; and

(4) the potential threat to human health and the environment associated with excavation, transportation, and redisposal, or containment.

(e) Remedial actions under this chapter shall attain a degree of cleanup and of control of further release which assures, at a minimum, protection of human health and the environment. Such remedial actions shall be relevant and appropriate under the circumstances presented by the release or threatened release of such substance, pollutant, or contaminant.