18-21-112. PROCEDURE FOR ISSUANCE OF EMERGENCY ORDERS OR PERMITS BY THE DIRECTOR.

1. No person may, in violation of this Title or Title 19 or any rule or permit issued under it, commit an act that will cause substantial harm or pollution to Reservation resources or land, the harmful effects of which cannot be remedied immediately after the commission or cessation of the act. The Director may issue an emergency order requiring the person to stop, avoid, or moderate the act or an emergency permit allowing certain regulated activity so that the substantial injury will not occur. Such an order or permit is effective immediately upon receipt by the person to whom it is directed. If the emergency order is not complied with in a timely manner or if the emergency permit does not limit or prevent the harm, the Director may take reasonable action to prevent such harm, including making efforts to contain and recover pollutants to limit or prevent pollution of any Reservation resources.
2. Notice of an emergency order to permit shall be given in accordance with § 18-21-103 (1), so far as is possible given the nature of the emergency. Such a notice shall state that the order or permit is issued for emergency purposes.
3. Upon issuing an emergency order or permit pursuant to subsection (1) above, the Director shall set a place and a time for a hearing no more than five days after issuance of the order. The hearing shall be conducted as a contested hearing pursuant to § 18-21-104. At such hearing, the Commission shall either confirm or reject the Director’s issuance of such order.
4. The Commission’s decision is reviewable by the Tribal Court pursuant to § 18-21-115; however, a request for such review shall not stay the effectiveness of the order.