40.18.080 Remedy Selection

The Tribal EPA Director shall choose a remedy, or combination of remedies, from among those remedies which meet the requirements of this section, as applicable. In choosing a remedy, the Tribal EPA Director shall consider:

(a) The extent to which the remedy will be reliable and effective for the long term. For remedies that include engineering or Tribal institutional controls, the TM-EPA Director shall consider the expected life cycle performance of any engineering controls, monitoring systems and institutional controls;

(b) The extent to which the remedy results in a reduction of toxicity, mobility or volume of contaminants;

(c) The degree to which remedies incorporate treatment or removal of contaminants to lower long term risk to human health and the environment;

(d) The time required for each remedy to attain standards for air, soil water and ground water specified in this section, as applicable. A remedy involving monitored natural attenuation may be considered whether or not the TM-EPA Director has made a determination of technical impracticability. Monitored natural attenuation shall be deemed effective if there is evidence that natural attenuation is occurring and will be completed within a reasonable time period;

(e) Any adverse impacts which may be caused by a remedy, and shall take into consideration:

(1) The gravity of any projected impact and the cost and availability of measures to mitigate the impact;

(2) The extent and nature of contamination and practicable capabilities of remedial technologies, and whether achieving standards is technically impracticable;

(3) Reasonably anticipated future land uses or use restrictions in a Tribal institutional control area;

(4) Consistency of remedies with the nature and complexities of releases of contaminants;

(5) Consistency of the remedies with cultural and traditional values of the Tribes; and

(6) Cost of the remedy to include capital, operation and maintenance, engineering and institutional control costs and monitoring costs for the anticipated life of the remedy.