5.01.040 Emergency Abatement Order

(a) Emergency Finding Upon finding that reasonable grounds exist for believing that a violation or violations of a PCB standard may pose an imminent and substantial endangerment to public health or the environment, the Tribe may issue a written emergency abatement order to any person causing or contributing to such violation(s).

(b) Emergency Abatement Order An emergency abatement order shall include the information contained in a Notice of Violation issued pursuant to Section 5.01.030(a) An emergency abatement order shall also identify:

(1) The grounds for believing that the violation or violations may pose an imminent and substantial endangerment to public health or the environment;

(2) The actions to be taken by the person issued the order to cease, control, or abate emissions of PCBs that may pose an imminent and substantial endangerment to public health or the environment and the date or other deadline for such actions to be taken or completed; and

(3) The date, which shall be no later than ten (10) business days after the date the emergency abatement order is issued, when the person issued the order may appear at a hearing in Tribal Court and offer proof that the violation or violations do not pose an imminent and substantial endangerment to public health or the environment.

(4) A person duly served with an emergency abatement order who refuses or fails to comply with the terms of such order shall be subject to a civil penalty not to exceed twenty-five thousand dollars ($25,000) for each day of such refusal or failure to comply with the order.

(5) The terms of an emergency abatement order shall be enforceable in Tribal Court.

(6) In addition to the civil penalty for refusal or failure to comply with the terms of an emergency abatement order specified in paragraph (b)(4), failure to comply with an order of the Tribal Court concerning an emergency abatement order shall be punishable as a contempt of court.