§ 49-497.01 – Judicial review of hearing board or administrative law judge decisions
49-497.01. Judicial review of hearing board or administrative law judge decisions A. Except as provided in this section, a hearing board decision or a decision of an administrative law judge in lieu of a hearing board is subject to judicial review pursuant to title 12, chapter 7, article 6. B. Within thirty days after service […]
§ 49-497.02 – Judicial review of appealable agency action not subject to review by hearing board or administrative law judge
49-497.02. Judicial review of appealable agency action not subject to review by hearing board or administrative law judge A. Any person having an interest that is or may be adversely affected may commence a civil action in superior court against a control officer alleging that the control officer has failed to act in a timely […]
§ 49-498 – Notice of hearing; publication; service
49-498. Notice of hearing; publication; service A. Any notice of hearing required by this article shall be given by publication of a notice of hearing for at least two times in a newspaper of general circulation published in the county concerned or if there is no such newspaper published in the county, in a newspaper […]
§ 49-501 – Unlawful open burning; exceptions; civil penalty; definition
49-501. Unlawful open burning; exceptions; civil penalty; definition A. Notwithstanding the provisions of any other section of this article: 1. It is unlawful for any person to ignite, cause to be ignited, permit to be ignited, or suffer, allow, or maintain any open outdoor fire except as provided in this section. 2. From May 1 […]
§ 49-502 – Violation; classification
49-502. Violation; classification A. Any person who violates any provision of this article, any rule adopted pursuant to this article or any effective order of abatement, permit or permit condition issued pursuant to this article is guilty of a class 1 misdemeanor for each day the violation continues unless another classification is specifically prescribed in […]
§ 49-503 – Defenses
49-503. Defenses Violations under section 49-502 shall be malum prohibitum. Lack of criminal intent shall not constitute a defense to such violations.
§ 49-476 – Authorization to accept funds or grants
49-476. Authorization to accept funds or grants 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, any agency or branch […]
§ 49-476.01 – Monitoring
49-476.01. Monitoring 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 source, if the control officer either: 1. […]
§ 49-477 – Advisory council
49-477. Advisory council 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.
§ 49-478 – Hearing board
49-478. Hearing board 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 this state. At […]