Section ENV.05.04 — Commission - Additional Authority

(a) The Commission shall have maximum flexibility in developing an effective air/water pollution control program and may promulgate such combination of regulations as may be necessary or desirable to carry out the legislative purpose set forth in Section ENV.05.01. Such regulations may include, but shall not be limited to:

(1) Division of the reservation into such control zones or areas as may be necessary or desirable for effective administration of the air pollution control program;

(2) Classification and definition of different degrees or types of air pollution; or

(3) Emission control regulating that are applicable to the entire reservation, that are applicable only within specified areas or zones of the reservation, or that are applicable only when a specified class of pollution is present.

(b) The Commission may hold public hearings, issue notice of hearings, issue subpoenas requiring the attendance of witnesses and the production of evidence, administer oaths, and take such testimony as it deems necessary.

(c) The Commission may adopt such rules and regulations governing procedures before the board as may be necessary to assure that hearings before said board will be fair and impartial.

(d) The Commission may exercise all incidental powers necessary to carry out the purpose of this Article.

(e) The Commission may require the owner or operator, or both, of any air contamination source to:

(1) Establish and maintain reports as prescribed by the Commission;

(2) Install, use, and maintain monitoring equipment or methods as prescribed by the Commission;

(3) Record sample emissions in accordance with such methods, at such locations, at such intervals, and in such manner as the Commission shall prescribe; and

(4) Provide such other information as the Commission may require.