C.R.S.
Section 24-62-101
Intergovernmental agreement between the Southern Ute Indian tribe and the state of Colorado concerning air quality control on the Southern Ute Indian reservation
(a)
Determine the specific programs under the Clean Air Act, or other air programs, that should apply to the Reservation, by taking into account the specific environmental, economic, geographic, and cultural needs of the Reservation;(b)
Promulgate rules and regulations that are necessary for the proper implementation and administration of those programs, including determining which administrative actions are appealable to the Commission;(c)
Establish procedures the Commission will follow in promulgating rules and regulations, and for review of appealable administrative actions taken by the Tribe;(d)
Review and approve of a long-term plan, initially prepared by the Tribe, for improving and maintaining air quality within the Reservation, which also takes into account regional planning in the La Plata and Archuleta County region;(e)
Monitor the relationships among the State and tribal environmental protection agencies to facilitate information sharing, technical assistance and training;(f)
Review administrative actions according to the Commission’s adopted administrative procedures;(g)
Approve and adopt fees for permits and other regulatory services conducted by the Tribe or the State, after considering a proposed fee schedule prepared by the Tribe, and direct payment of fees by air pollution sources to the Tribe;(h)
Ensure consistency and adherence to applicable standards and resolve disputes involving third parties;(i)
Review emission inventories as developed by the Tribe and State;(j)
Conduct public hearings pertaining to the adoption of rules and regulations, or relating to review of appealable administrative actions, and issue orders resulting from those proceedings;(k)
Request tribal staff to perform any administrative or clerical functions necessary to issue orders and conduct Commission business, or the Commission at its option may appoint a technical secretary to perform such duties, except that no authority shall be delegated to adopt, promulgate, amend or repeal standards or regulations, or to make determinations, or to issue or countermand orders of the Commission;(l)
Any other duties necessary to accomplish the purposes of this Agreement, and as authorized by the State and tribal enabling legislation.(a)
Prepare initial drafts of rules and regulations for the Reservation Air Program for review by the State and, ultimately, for consideration by the Commission;(b)
Administer all activities related to permits including, for example, permit application review, permit issuance, permit modification procedures, and conduct all permit processing;(c)
Collect data, by means of field studies and air monitoring conducted by the Tribe or by individual stationary sources and mobile air pollution sources, and determine the nature and quality of existing ambient air throughout the Reservation;(d)
Conduct inspections of any property, premises, or place within the Reservation with respect to any actual, suspected, or potential source of air pollution or for ascertaining compliance or noncompliance with any applicable requirements;(e)
Furnish technical advice and services relating to air pollution problems and control techniques;(f)
Initiate enforcement actions when the results of atmospheric tests conducted establish that the ambient air or source of emission of smoke or air pollution fails to meet the applicable standards;(g)
Develop a long-term plan, for approval by the Commission, for improving and maintaining air quality within the Reservation, which also takes into account regional planning in the La Plata and Archuleta County region;(h)
Prepare a fee schedule for approval by the Commission, and to collect said fees as are necessary for the administration of the Reservation Air Program and the Commission expenses, consistent with sub-section (B) of this article VIII;(i)
Expend and account for funds, either collected from air pollution sources or granted to the Tribe by the EPA to administer the Reservation Air Program, for reasonable and necessary expenses to administer the Reservation Air Program;(j)
Establish emission inventories;(k)
Issue permits and enforce the terms and conditions of permits;(l)
Gather information from sources of air pollution;(m)
Issue cease and desist orders, and take other emergency actions as may be necessary to protect the public health, welfare, and the environment;(n)
Issue notices of violation as may be required;(o)
Require any air pollution source to furnish information related to source emissions or to any investigation authorized by law or regulation, and to obtain from a court of appropriate jurisdiction a subpoena to compel the production of necessary documents to obtain such information;(p)
Prepare applications for delegation of programs from EPA, in furtherance of this Agreement.(a)
Notify the Tribe upon receipt of permit applications and afford the Tribe an opportunity to participate in the review of permit applications;(b)
Afford the Tribe the opportunity to review and comment, within thirty (30) days, on draft notices of violation, draft consent orders, draft compliance orders, and draft air pollution source permits prepared by the APCD;(c)
Afford the Tribe the opportunity to participate in source inspections and in surveillance activities;(d)
Notify the Tribe and provide for tribal participation in decisions concerning potential enforcement actions, including penalties to be assessed, and participation in all notice of violation conferences.
Source:
Section 24-62-101 — Intergovernmental agreement between the Southern Ute Indian tribe and the state of Colorado concerning air quality control on the Southern Ute Indian reservation, https://leg.colorado.gov/sites/default/files/images/olls/crs2023-title-24.pdf
(accessed Oct. 20, 2023).