Section ENV.06.18 — Emergencies

(a) If the Tribal Environmentalist, or other person designated by the Tribal Council to act under this Section, determines that any person causes, is causing or is planning to cause a violation of this Ordinance and that such person's actions, either directly or indirectly, constitute a clear, present and immediate danger to the public's health or livelihood or irreparable harm to the environment, they may issue a Temporary Cease and Desist Order.

(1) The Temporary Cease and Desist Order shall require the violation to immediately cease to prevent further pollution.

(2) The Temporary Cease and Desist Order shall be a written Order describing the alleged violating actions, which must be immediately discontinued.

(3) The Environmentalist shall coordinate with the Stockbridge-Munsee Clerk of Courts so that the Order contains the date for a hearing on a Temporary Restraining Order. If the court date cannot be determined prior to the issuance of the Temporary Cease and Desist Order, the alleged violator shall receive written notice of the date as soon as it is set.

(b) Concurrent with the issuance of the Temporary Cease and Desist Order in emergency situations, the tribal Environmentalist shall inform the Tribal Prosecutor of these actions so that a complaint requesting a Temporary Restraining Order may be filed in the Stockbridge-Munsee Tribal Court.

(1) The Temporary Cease and Desist Order shall only be in effect until a hearing can be held on the request for a Temporary Restraining Order or for a maximum of 10 days. The hearing shall be held as soon as practicable, by telephone if necessary.

(2) In extraordinary circumstances where a judge is unavailable for a hearing, the Temporary Cease and Desist Order may be extended for an additional 5 days.