Section ENV.05.09 — Air Pollution Emergencies Endangering Public Health

(a) Whenever the Commission shall determine, after investigation, that any person is either engaging in any activity involving significant risk of air contamination or is discharging or causing to be discharged into the atmosphere, directly or indirectly, any air contaminant and such activity or discharge constitutes a clear, present, and immediate danger to the health of the public, or that any such activity or discharge of air contaminants, if permitted to continue unabated, will result in a condition of clear, present, and immediate danger to the health of the public, the Commission shall:

(1) Issue a written cease and desist order to said person requiring immediate discontinuance of such activity or discharge of such contaminant into the atmosphere, and upon receipt of such order, such person shall immediately discontinue such activity or discharge; or

(2) Apply to the tribal court of this Tribe for a temporary restraining order, preliminary injunction, or permanent injunction as provided for in the tribal rules of civil procedure. Any such action in the Tribal Court shall be given precedence over all matters pending in such Tribal Court. The institution of such injunction proceedings by the Commission shall confer upon said Tribal Court exclusive jurisdiction to determine finally the subject matter of the proceeding; or

(3) Both issue such a cease and desist order and apply for any such restraining order or injunction.