18-21-109. PROCEDURES FOR REQUESTING PERMITS FROM THE COMMISSION OR DIRECTOR.

1. To obtain a permit under this Title and Title 19, a person must file a petition with the Director requesting a permit to conduct an activity that is regulated by this Code.
2. Such petition shall provide, at the minimum, the following information:
   1. The legal description of the property involved.
   2. The reason why the activity is required to achieve necessary and justifiable economic or social development.
   3. The overriding consideration of the public interest that would be served thereby.
   4. The reason why any proposed activity will not interfere with or be injurious to Reservation land or natural resources.
3. Upon receipt of a petition for a permit the Director shall provide notice of such petition according to § 18-21-103 (1). Such notice shall also include a statement of the purpose of the proposed activity or discharge of a pollutant.
4. When determining whether to issue permits, the Commission shall follow the procedures for informal public hearings set forth in § 18-21-103 (1), except as otherwise provided by this Title or Title 19.
5. Any person petitioning for a permit or an extension, amendment or renewal of an existing permit, that authorizes activity that could result in a significant risk of pollution, contamination or degradation of the Reservation environment and that is not covered by a performance or damage bond or other financial assurance guaranteeing the performance of corrective actions to contain, mitigate and remedy all pollution, contamination or degradation that may be caused by such activity. The financial assurance shall be in a form and in a reasonable and proper amount, all of which shall be approved by the Commission, and may include but is not limited to insurance, company net worth considerations, a surety bond, escrow account, letter of credit, trust, guarantee, or cash deposit. This tribal bond requirement is in addition to any bond required by federal law pertaining to federally leased land.
6. All right and title in any bond or other security required by the Land use and Environment Commission shall be in the Rosebud Sioux Indian Tribe until the Commission releases the said security. The bond or other security is not an asset of the person required to provide it and may not be cancelled, assigned, revoked, disbursed, replaced or allowed to terminate without the approval of the Commission.