Title 49 — The Environment

A. In area A, as defined in section 49-541, a person shall not operate an off-highway vehicle, an all-terrain vehicle or an off-road recreational motor vehicle on an unpaved surface that is not a public or private road, street or lawful easement during any high pollution advisory…

A. Any person who rents or sells in the normal course of business off-highway vehicles, all-terrain vehicles or off-road recreational motor vehicles, other than golf carts sold to public or private golf courses, shall provide to the buyer or renter of the vehicle printed material…

A. This section applies in a county with a population of two million or more persons or any portion of a county within an area designated by the environmental protection agency as a serious PM-10 nonattainment area or a maintenance area that was designated as a serious PM-10 nona…

The department may participate in interstate regional haze programs that are established by the regional planning organization that is authorized for this region pursuant to 40 Code of Federal Regulations part 51, subpart P and the clean air act.

A. The director shall submit to the administrator state implementation plan revisions to address regional haze visibility impairment in mandatory federal class I areas. The state implementation plan revisions submitted to the administrator shall address any of the following as ne…

A. The director, in consultation with the corporation commission, and the governing bodies of affected public power entities as defined in section 30-801, electric utilities regulated by the corporation commission and independently owned electric generation units shall develop, a…

When the director has reasonable cause to believe that any person has violated or is in violation of any provision of this article, any rule adopted pursuant to this article or any requirement of a permit issued pursuant to this article, he may request in writing that such person…

When the director has reasonable cause to believe that any person has violated or is in violation of any provision of this article, any rule adopted pursuant to this article or any requirement of a permit issued pursuant to this article, he may serve upon such person by certified…

The attorney general, at the request of the director, shall file an action for a temporary restraining order, a preliminary injunction, a permanent injunction or any other relief provided by law, if the director has reasonable cause to believe that any of the following is occurri…

A. A person who violates any provision of this article, any permit or permit condition issued pursuant to this article, any fee or filing requirement, any rule adopted pursuant to this article, an effective order of abatement issued pursuant to this article or any duty to allow o…

A. A person who knowingly releases into the ambient air any extremely hazardous substance listed pursuant to 42 United States Code section 11002(a)(2) or any hazardous air pollutant and who knows at the time that he thereby places another person in imminent danger of death or ser…

A. If the director determines that air pollution in any area constitutes or may constitute an emergency risk to the health of those in the area or that national ambient air quality standards are likely to be exceeded, such determination shall be communicated to the governor. The …

For the benefit of the people of the state, court actions and proceedings brought under this article shall be given precedence and brought to trial ahead of other litigation concerning private interests and other matters that do not affect public health and welfare.

It is the purpose of this article to provide additional and cumulative remedies to prevent, abate and control air pollution in the state. Nothing contained in this article shall be construed to abridge or alter rights of action or remedies in equity under the common law or statut…

In this article, unless the context otherwise requires: 1. "Advisory council" means any county air pollution control advisory council established pursuant to this article. 2. "Air contaminants" includes smoke, vapors, charred paper, dust, soot, grime, carbon, fumes, gases, sulfur…

A. To ensure fair and open regulation under this article by counties, a person: 1. Is eligible for reimbursement of fees and other expenses if the person substantially prevails by adjudication on the merits against a county in a court proceeding or an administrative appeal brough…

The control officer shall not charge or receive a fee unless the fee is expressly authorized by action of the board of supervisors pursuant to statutory authority.

[Repealed or reserved.]

A. Before a board of supervisors acts on a rule or ordinance that is subject to section 49-112, subsection A or a rule or ordinance that does not otherwise qualify under section 49-471.08, subsection A, a control officer shall: 1. Prepare a notice of a proposed rule or ordinance …

The preamble shall include: 1. Reference to the specific statutory authority for the rule or ordinance. 2. The name and address of county personnel with whom persons may communicate regarding the rule or ordinance. 3. For the proposed rule or ordinance, a description of the rule …

A. A control officer may informally meet with any interested party to discuss a proposed rule or ordinance making action. A control officer may solicit comments, suggested language or other input on the proposed rule or ordinance. A control officer may post notice of these meetin…

A. A board of supervisors may not act on a rule or ordinance until the rule or ordinance making record is closed pursuant to subsection E of this section. B. A control officer shall prepare a preamble and a concise explanatory statement before submitting a notice of final rule or…

A. The county may conduct expedited rule or ordinance making if a rule or ordinance is made pursuant to section 49-112, subsection B and the proposed rule or ordinance is a conforming change to directly reflect federal or state rule or law and is not subject to section 49-471.07,…

A. A control officer shall maintain for public inspection an archive of a rule or ordinance making record for each proposed rule or ordinance for which a notice is posted on the county's website and each final rule or ordinance posted on the county's website. B. The county archiv…

A. Unless otherwise provided by law, a rule or ordinance is invalid unless it is adopted in substantial compliance with this article. B. Only the reasons contained in the concise explanatory statement or the preamble may be used by the county as justification for the making of a …

A. A control officer shall post substantive policy statements pertaining to this article on the county's website. B. A control officer shall post on the county's website at least annually a directory summarizing the subject matter of all currently applicable rules or ordinances a…

Any person, in a manner and form prescribed by the control officer, may petition the control officer requesting initiation of rule or ordinance making or review of an existing practice or substantive policy statement. Within sixty days after submission of a written petition, the …

For permits issued pursuant to section 49-480, a control officer shall comply with permitting time frames that are no longer than permitting time frames established by the director pursuant to title 41, chapter 6, article 7.1.

Beginning on September 1, 2001, and on or before September 1 of each year thereafter, each control officer shall report to the control officer's board of supervisors the county's compliance level with overall time frames for the prior fiscal year. The control officer's reports sh…

A. A person whose legal rights, duties or privileges were determined by an appealable agency action or who will be adversely affected by an appealable agency action and who exercised any right to comment on the action provided by law, rule or ordinance may appeal the action to th…

Except to the extent expressly precluded by another law, a person may waive in writing any right conferred on that person by this chapter.

Upon the request of any county by its board of supervisors, the department shall conduct such studies as are requested, and at the expense of such county, but limited to the county making the request. Such studies shall be made to determine the nature, extent, distribution and so…

A. The board of supervisors of a county, in order to conserve and promote the public health, safety, and general welfare, shall within its territorial limits, or any portion thereof, investigate the degree to which the atmosphere of the county is contaminated by air pollution and…

The board of supervisors of each county may authorize the board of health or health department of their respective counties in cooperation with the department of environmental quality to: 1. Study the problem of air pollution in the county. 2. Study possible effects on adjoining …

A. The board of supervisors of a county which contains any portion of area A or area B as defined in section 49-541 shall: 1. In area A, in consultation with the designated metropolitan planning organization, synchronize traffic control signals on all existing and new roadways, w…

A. A county with a population of more than five hundred thousand persons according to the most recent United States decennial census shall establish and coordinate a voluntary lawn and garden equipment emissions reduction program. The equipment owner's participation in the progra…

A. This section applies in a county with a population of two million or more persons or any portion of a county in an area designated by the environmental protection agency as a serious PM-10 nonattainment area or a maintenance area that was designated as a serious PM-10 nonattai…

A. In an area designated by the environmental protection agency as a serious PM-10 nonattainment area or a maintenance area that was designated as a serious PM-10 nonattainment area, a subcontractor who is engaged in dust generating operations at a site that is subject to a permi…

A. A county with a population of more than four hundred thousand persons shall operate and administer a voluntary diesel emissions retrofit program in the county for the purpose of reducing particulate emissions from diesel equipment. The program shall provide for real and quanti…

The air pollution control district established by the board of supervisors shall have the power to: 1. Have perpetual succession. 2. Sue and be sued in the name of the district in all actions and proceedings in all courts and tribunals of competent jurisdiction. 3. Adopt a seal a…

The department of environmental quality, county health departments, or boards of supervisors may accept and expend in accordance with the terms of the grant any funds granted to it for research of air pollution by the federal government, any political subdivision of the state, an…

A. The control officer may require, as specified in subsections B and C of this section, any source of air contaminants to monitor, sample or perform other studies to quantify emissions of air contaminants or levels of air pollution that may reasonably be attributable to that sou…

The board of supervisors may appoint an advisory council of such membership as it deems necessary to advise and consult with the board of supervisors, the control agency, and the control officer in effecting the purposes of this article.

A. The board of supervisors shall appoint an air pollution hearing board. B. The hearing board shall consist of five members. The five members shall be knowledgeable in the field of air pollution. At least one member of the board shall be an attorney licensed to practice law in t…

A. The board of supervisors shall adopt such rules as it determines are necessary and feasible to control the release into the atmosphere of air contaminants originating within the territorial limits of the county or multi-county air quality control region in order to control air…

A. The board of supervisors may adopt a program for the review, issuance, revision, administration and enforcement of permits and for public review of proposed permits for sources that are subject to section 49-426, subsection A, that are not under the jurisdiction of the state p…

A. The board of supervisors shall establish by rule provisions to allow changes within a source required to obtain a permit under title V of the clean air act without requiring a permit revision if all of the following conditions are met: 1. The changes do not constitute modifica…

A. Within thirty days after the control officer gives notice of approval, denial or revocation of a permit, the applicant or any person who submitted comments pursuant to section 49-480, may request an appeal as provided under section 49-482. The decision after that hearing const…

A. The board of supervisors shall adopt by rule a program for administration and enforcement of the federal hazardous air pollutant program established by section 112 of the clean air act. The program shall be consistent with and meet the requirements of section 112 of the clean …

A. Within six months after the adoption of rules pursuant to section 49-426.06, subsection A, the board of supervisors shall by rule establish a county program for the control of hazardous air pollutants meeting the requirements of this section. The program established pursuant t…