Section ENV.04.35 — Restraining Orders And Injunctions

(a) In the event any person fails to comply with a cease and desist order or clean-up order that is not subject to stay pending administrative or judicial review, the Tribe may request the Tribal Prosecutor to bring, and if so requested it shall be his duty to bring, a suit for a temporary restraining order, preliminary injunction, or permanent injunction to prevent any further or continued violation of such order. In any such suit the final findings of the Tribe based upon evidence in the record, shall be prima facie evidence of the facts found therein.

(b) Suits under this Section shall be brought, where practicable, in the Tribal Court of the district where the discharge occurs. Emergencies shall be given precedence over all other matters pending in such court. The institution of such injunction proceeding by the Tribe shall confer upon such court exclusive jurisdiction to determine finally the subject matter of the Proceeding.