3.25.180 Appeals

The department's investigative and remedial decisions under Section 3.25.070, Section 3.25.090, and Section 3.25.160 of this chapter, and its decisions regarding liable persons under Section 3.25.120 of this chapter shall be appealable exclusively to Tribal court and only at the following times:

(a) In a suit by the department to enforce an order or an agreed order, or seek a civil penalty under Section 3.25.090(a);

(b) In a suit for reimbursement under Section 3.25.090(b);

(c) In a cost recovery suit under Section 3.25.090(c); and,

(d) In a suit by the department to compel investigative or remedial action.

The Tribe grants a limited waiver of the sovereign immunity of the department for the sole purpose of permitting a liable person to appeal the department's decisions to Tribal court as provided pursuant to this section. The court shall uphold the department's actions unless they were arbitrary and capricious. The amount of reasonable costs which may be reimbursable by the department under Section 3.25.090(b) is limited to those funds available in the Cleanup Fund at the time of suit under this section. Nothing in this section shall be deemed a waiver of the Tribe's sovereign immunity, nor consent to suit other than as provided in Section 3.25.180, nor consent to the entry or enforcement of a money judgment against the Tribe's general funds.