49-118. Notice of violation; hazardous condition; federal agency
A. The department may issue a notice of violation to a federal agency as a potentially responsible party for the discharge of pollutants if both of the following occur:
1. The federal agency designates an area of this state as under threat of catastrophic wildfire and a wildfire occurs that releases pollutants to the air and water.
2. The department reasonably determines that the discharge of the pollutants was the result of the wildfire in the designated area.
B. This section does not apply on Indian lands owned or held by a federally recognized Indian tribe, nation, band or community as reservation lands, allotment lands or sovereign or proprietary lands or in any other capacity.
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