Section ENV.05.10 — Air Contaminant Emission Notices And Emission Permits

(a) After ninety days from January 1, 1990, no person shall permit emission of air contaminants from, or construction or alteration of, any facility, process, or activity except residential structures, from which air contaminants are, or are to be emitted through any permanently located chimney, stack, pipe, or other conduit unless and until an air contaminant emission notice has been filed with the Tribe. A revised emission notice shall be filed whenever a significant change in emissions is anticipated or has occurred.

(b) Each such notice shall specify the location at which the proposed emission will occur, the name and address of the person operating or owning such facility, process, or activity, the nature of such facility, process, or activity, and an estimate of the quantity and composition of the expected emission.

(c) If the information required by subsection (a) of this Section is on file with the Tribe on or after January 1, 1990, such information shall be deemed to constitute compliance with the requirements of said subsection (a) as to the emission covered thereby.

(d) No person shall construct or substantially alter any building, facility, structure, or installation, except single family residential dwellings, or install any machine, equipment or other device, or commence the conduct of any activity, or commence performance of any combinations thereof, or commence operations of any of the same which will or does constitute a new air contamination source without first obtaining or having a valid permit therefor from the Commission. The Commission shall establish rules, regulations, and procedures in accordance with the provisions of this article for the issuance or denial of permits which shall be in conformity with the purposes of this article as set forth in Section Such procedures shall include, but not limited to, the following:

(1) Filing an application with the Tribe which may include such relevant plans, specifications, air quality data, and other information as the Tribe may reasonably request;

(2) The Tribe shall prepare its preliminary analysis of the effect upon the ambient air quality and the extent of emission control within twenty days after date on which an application is filed.

(3) For those types of projects or activities defined or designated by the Commission as warranting public comment with respect thereto, the Tribe shall within fifteen days after it has prepared its preliminary analysis give public notice of the proposed project or activity by at least on publication in a newspaper of general circulation and shall receive and consider public comment thereon for a period of thirty days thereafter.

(4) Within thirty days following the period for public comment, or within fifteen days after the preparation of its preliminary analysis where no delay for public comment is required, the Tribe shall grant the permit unless it determines that the proposed project or activity would not meet the applicable emission standards or regulations of the Commission. Any permit issued by the Tribe may contain such terms and conditions as it deems necessary for the proposed project or activity to qualify for a permit. If any of such terms or conditions of the permit are violated, the division may revoke the permit. If the Tribe fails to act upon the application within the prescribed time, the permit shall be deemed to have been granted.

(5) If the Tribe denies or revokes a permit, the applicant may request a conference with the commission or a hearing before the commission in accordance with the provisions of Section ENV.05.13. The Commission may delegate the responsibility to hold a conference or hearing with respect to any such request to a variance board.

(6) Within thirty days after such conference or hearing, the Commission or variance board shall issue an order either affirming or reversing the decision of the Commission. If the decision or revocation of the Commission reversed, the Commission or variance board shall order the issuance or reinstatement of the permit which order may contain such terms and conditions as shall be necessary and reasonable.

(7) Orders of the Commission or Variance Board shall be final upon the date of issuance.