49-471. Definitions 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, sulfuric acid mist aerosols, aerosol droplets, odors, particulate matter, wind-borne matter, radioactive materials […]
49-471.01. Regulatory bill of rights 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 brought pursuant to this article. […]
49-471.02. Fees; express authority 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.
49-471.03. Inspections The control officer shall comply with section 41-1009, except that section 41-1009, subsection P, paragraph 1 does not apply.
49-471.04. Notice of proposed rule or ordinance making 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 […]
49-471.05. Contents of preamble 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 or ordinance making process, including […]
49-471.06. Public participation; written statements; oral proceedings 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 meetings on the […]
49-471.07. Time and manner of rule or ordinance making 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 […]
49-471.08. Expedited rule or ordinance making 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, […]
49-471.09. County rule or ordinance making record 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 […]
49-471.10. Invalidity of rules or ordinances; prohibited agency action 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 […]
49-471.11. Substantive policy statements; directory of rules and policy statements 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 and substantive […]
49-471.12. Petition for rule or ordinance making or review of practice or policy 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 […]
49-471.13. Permitting time frames 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.
49-471.14. Reporting; compliance with time frames 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 shall include the number of […]
49-471.15. Administrative appeals 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 the air pollution hearing […]
49-471.16. Waiver Except to the extent expressly precluded by another law, a person may waive in writing any right conferred on that person by this chapter.
49-472. Department studies 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 sources of air pollution within […]
49-473. Board of supervisors 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 causes, sources, and extent […]
49-474. County control boards 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 counties. 3. Cooperate with chambers of […]
