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Session Laws, 1963
Volume 671, Page 1701   View pdf image (33K)
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J. MILLARD TAWES, Governor                     1701

or if the Board has issued an order pursuant to the provisions of
Section 696 hereof with which there has not been a compliance, the

Board may request the Attorney General to bring, and if so requested
it shall be his duty to bring,
DEPARTMENT FINDS THAT AN
EMERGENCY EXISTS BY REASON OF AIR POLLUTION, RE-
QUIRING IMMEDIATE ACTION TO PROTECT THE PUBLIC
HEALTH, THE BOARD OR THE DEPARTMENT, AS THE CASE
MAY BE, MAY BRING an action for an injunction to prevent any
further or continued violation of such rule or regulation or such
order. In an action for injunction brought pursuant to this Section,
any finding of the Board shall be prima facie evidence of the fact
or facts found therein.

702. 701.

(Municipal Ordinances or Regulations).

No ordinance or regulation of any governing body of a municipality

or county or Board of Health not inconsistent with the subtitle shall

be superseded by this subtitle and nothing in this subtitle shall

clude the right of any governing body of a municipality or county or
Board of Health to adopt ordinances or regulations not inconsistent

with this subtitle.

ANY ORDINANCES OR REGULATIONS OF ANY GOVERN-
ING BODY OF A MUNICIPALITY OR COUNTY OR LOCAL
BOARD OF HEALTH WHICH ARE NOT INCONSISTENT WITH
THIS SUBTITLE OR WITH ANY RULE OR REGULATION
WHICH SHALL BE PROMULGATED PURSUANT THERETO,
SHALL NOT BE SUPERSEDED BY IT, AND NOTHING IN
THIS SUBTITLE OR IN ANY RULE OR REGULATION PRO-
MULGATED PURSUANT THERETO SHALL PRECLUDE THE
RIGHT OF ANY GOVERNING BODY OF A MUNICIPALITY
OR COUNTY OR LOCAL BOARD OF HEALTH TO ADOPT
ORDINANCES OR REGULATIONS WHICH ARE NOT INCON-
SISTENT WITH THIS SUBTITLE OR WITH ANY RULE OR
REGULATION PROMULGATED PURSUANT THERETO. ANY
ORDINANCES OR REGULATIONS OF A MUNICIPALITY OR
COUNTY OR LOCAL BOARD OF HEALTH WHICH COMPLY
WITH AT LEAST THE MINIMUM APPLICABLE REQUIRE-
MENTS SET FORTH IN ANY RULE OR REGULATION PRO-
MULGATED PURSUANT TO THIS SUBTITLE SHALL BE
DEEMED CONSISTENT WITH THIS SUBTITLE OR WITH
ANY SUCH RULE OR REGULATION.

703. 702.

(Rights of Persons Other than the State).

Persons other than the State shall not acquire actionable rights by
virtue of this subtitle. The basis for proceedings or other actions that
shall result from violations of any code, rule or regulation which shall
be promulgated by the Board shall insure
INURE solely to and shall
be for the benefit of the people of the State generally and is not intend-
ed to create in any way new or enlarged rights or to enlarge existing
rights. A determination by the Board that air pollution exists or that
any code, rule or regulation has been disregarded or violated, whether
or not a proceeding or action may be brought by the State, shall not


 

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Session Laws, 1963
Volume 671, Page 1701   View pdf image (33K)
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