§ 25-7-1304 — Commission - powers and duties - rules

(1) The commission
shall be the air quality policy-making and the administrative review entity for the
reservation air program.

(2) The duties of the commission shall include the responsibility to:

(a) Determine the specific air quality programs under the federal Clean Air
Act, or other air quality programs, that should apply to the reservation, 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 administrative review of actions taken by the tribe;

(d) Review and approve of a long-term plan, initially prepared by the tribe, to
improve and maintain 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 cooperation, information sharing, technical
assistance, and training;

(f) Review enforcement 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 by air pollution sources to the tribe;

(h) Ensure consistency and adherence to applicable standards and resolving
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 enforcement and permit appeals, and to 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 the
intergovernmental agreement and as authorized by the state and tribe enabling
legislation.

Legislative History

Source: L. 2000: Entire part added, p. 110, � 1, effective March 15.