An Act
Legislative Act 42-04
Title
A LEGISLATIVE ACT AMENDING TITLE 63 OF THE CHEROKEE NATION CODE
ANNOTATED, THE ENVIRONMENTAL QUALITY CODE, ADDING THE AIR
QUALITY CODE AND DECLARING AN EMERGENCY
Body
BE IT ENACTED BY THE CHEROKEE NATION:
Section 1. Title
This act shall be known as the "Cherokee Nation Air Quality Act of 2004".
Section 2. Purpose
This Act will add new provisions to be codified as Article 5 of the Cherokee Nation Environmental Quality Code. The new provisions will ensure that the Nation has an air quality code that is comprehensive and will ensure that the Nation has the authority in place to obtain treatment as state for air programs. This Act adds new provisions naming the "Cherokee Nation Clean Air Act"; stating a purpose; providing definitions; setting forth powers and duties of the Environmental Protection Commission; stating requirements for controlled open burning; authorizing the Commission to promulgate rules; authorizing the Commission to delegate certain authority to the Administrator; providing that persons may petition for a variance from any provision of the Cherokee Nation Clean Air Act or rule; setting forth remedies and penalties for noncompliance; making it unlawful to construct any new source or operate any existing source emitting air contaminants without a permit from the Commission; providing for a comprehensive permitting program; authorizing the adoption of a fee schedule for owners and operators; authorizing the Commission to establish, implement and enforce emission standards for hazardous pollutants, toxic air contaminants and other standards; specifying penalties for violations including but not limited to false reporting; and authorizing the Commission to pursue civil actions for injunctive relief or abatement.
Section 3. Legislative History
The Environmental Quality Act, Title 63 CNCA ?? et seq., was first enacted in 1993. LA 1-93, eff. June 14, 1993.
Section 4. Definitions
Not applicable.
Section 5. Amendmen...
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