Title 49 — The Environment

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[Repealed or reserved.]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…

A. The control officer shall deny a permit or revision if the applicant does not show that every such source is so designed, controlled, or equipped with such air pollution control equipment that it may be expected to operate without emitting or without causing to be emitted air …

A. Within thirty days after notice is given by the control officer of approval or denial of a permit, permit revision or conditional order, the applicant and any person who filed a comment on the permit or permit revision pursuant to section 49-480, subsection B and section 49-42…

A. A permit shall not be transferable, whether by operation of law or otherwise, either from one location to another, or from one piece of equipment to another. B. The provisions of subsection A shall not apply to mobile or portable machinery or equipment which is transferred fro…

An installation permit shall expire two years from the date of its issuance.

A person who has been granted an operating permit, shall firmly affix such permit, an approved facsimile of such permit, or other approved identification bearing the permit number upon such machine, equipment, incinerator, device or other article for which the operating permit is…

All agencies that issue building permits shall examine the plans and specifications submitted by an applicant for a building permit to determine if an installation permit will possibly be required under the provisions of section 49-480. If it appears possible that such installati…

A. The board of supervisors by rules which are equal to or more restrictive than those adopted by the director of environmental quality shall classify air contaminant sources according to levels and types of emissions and other characteristics which relate to air pollution, and s…

A. The control officer and his deputies charged under this chapter or the rules and regulations adopted pursuant to this chapter with powers or duties involving inspection of real or personal property including buildings, building premises and building contents for the purpose of…

A. An order of abatement issued by the control officer shall become effective immediately upon the expiration of the time during which a request for a hearing may be made pursuant to section 49-511 unless the person or persons named in such order shall have made a timely request …

A. The director may grant to any person a conditional order for each air pollution source which allows such person to vary from any provision of this article, any rule adopted pursuant to this article, or any requirement of a permit issued pursuant to this article if the control …

A. A person who seeks a conditional order shall file a petition with the control officer. B. If the issuance of the conditional order requires a public hearing, the control officer shall set a hearing date within thirty days after the filing of the petition. The hearing date shal…

A. Within thirty days after the conclusion of the hearing held pursuant to section 49-492, subsection B, or, if no hearing is held, within sixty days after the filing of the petition, the control officer shall deny the petition or grant the petition on such terms and conditions a…

A. A conditional order issued by the control officer shall be valid for such period as the control officer prescribes but in no event for more than one year in the case of a source that is required to obtain a permit pursuant to this article and title V of the clean air act, and …

If the terms and conditions of the conditional order are being violated, the control officer may seek to revoke or suspend the conditional order granted. In such event, the control officer shall serve notice of such violation on the holder of the conditional order in the manner p…

A. All decisions of the hearing board, including the majority of opinion and all concurring and dissenting opinions, shall be in writing and shall be of public record. B. A majority of the total membership of the hearing board shall concur in a decision for it to have effect. C. …