Alabama 1/

"'§ 75. The following things, conditions and acts, among others are declared to be public nuisance per se, menacing public health and unlawful:

"(5) Such . . . acts, things or conditions as may from time to time be by the rules and regulations of the State board of health declared to be public nuisances per se menacing public health.

"(6) The ownership, possession, management, control, maintenance, permitting or use of any of the things or conditions described or referred to... in any rule or regulation adopted under subdivision 5 of this section.

"(7) The conducting of a business, trade, industry, or occupation, or the doing of a thing, not inherently unsanitary or a menace to public health in such a manner as to make it a menace or likely to become a menace to public health.

"8 76. Any such nuisance shall be abated by the county board of health

1/ Citations in this digest refer to Code of Alabama, Recompiled 1958, Title

22.

ENABLING AUTHORITY: While there is no specific reference to atmospheric pollution in the enumeration of powers of the Board of Health, power to regulate atmospheric pollution is derived from ACLA # 40-1-6 (b) (c), as amended, Chapter 56, Laws 1951, # 1, p. 150:

The Board is empowered, directed and authorized to adopt,
promulgate, repeal and amend rules and regulations not in-
consistent with existing law, relating to and providing
for: . . . (c) regulation of sanitation and sanitary prac-
tices in the interest of public health.

AIR POLLUTION CODE: The following provisions were adopted effective on or before July 28, 1959 (effective date of Alaska Administrative Procedure Act) pursuant to the enabling authority.

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II.

GENERAL STATEMENT 2/

A. PURPOSE

The policy of the State of Alaska is to maintain reasonable standards of atmospheric purity consistent with the protection of human, animal or plant life and property and to require the use of all known available and reasonable methods to control air pollution in the State (8601).

"Atmospheric pollution includes, but is not limited to emission of smoke, particulate matter, soot, cinders, ashes, toxic and radioactive substances, fumes, vapors, gases, industrial odors and dusts which constitute a nuisance, a danger to public health, or impair the public comfort and convenience" (§ 600 (b)).

The Commissioner of Health and Welfare administers the air pollution control program. He is empowered to "enlist the aid of and cooperate with representatives of local, State and federal governmental agencies

1/ Citations in this digest refer to Alaska Compiled Laws Annotated 1949. 2/ Citations refer to "Alaska Air Pollution Code."

and units charged with matters relating to atmospheric pollution," and of "representatives of private industry which may be affected" (8 601 (a) and (b); 601 (d)).

The Commissioner has jurisdiction to abate and prevent atmospheric pollution, including power:

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To hold public hearings on 60 days notice, compel attendance of witnesses, "make findings of fact and determinations" and assess penalties for violations of these regulations and the Health and Safety Code (8 601 (c) (1));

After public hearing, to adopt and make public allowable air quality standards, based on the criteria of the public health, safety, and welfare (8 601 (c) (2));

After public hearing to make, modify, or alter orders requiring the discontinuance of pollution practices in excess of the established standards, specifying time for and conditions of compliance (§ 601 (c) (3));

To conduct investigations, and to "enter at all reasonable
times in or upon any property .. for the purpose of inspect-
ing and investigating conditions relating to atmospheric pol-
lution" (8 601 (c) (7) and § 601 (f));

To institute legal proceedings in court to compel compliance with the regulations or the Commissioner's determinations and orders (8 601 (c) (4));

To bring proceedings in the name of the State to abate the
production of air pollution which causes such injury to human,
plant or animal life as to constitute a public nuisance. If
the person complained against does not choose to comply, he is
entitled to a hearing before the Commissioner, after which the
Commissioner may enter an order, which becomes final unless
appeal to the courts is made within twenty days (§ 601 (g)
and (h));

To settle or compromise any action or cause of action for the recovery of a penalty under these regulations (8 601 (c) (8));

8. After public hearing, to require, issue, continue in effect, or deny permits for the prevention or abatement of atmospheric

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pollution or the installation or operation of equipment to prevent atmospheric pollution (8 601 (c) (5));

To revoke or modify any permit issued if, after public hearing, he deems revocation or modification necessary to control atmospheric pollution (§ 601 (c) (6));

To require submission of plans for atmospheric pollution control by any industrial establishment, community, or public or private property subdivision or development (§ 601 (c) (10));

To represent Alaska for the receipt of moneys for the purpose of air pollution control studies or research, and to expend the same, after appropriation there for (8 601 (c) (9));

To prepare guides or other material to help develop a comprehensive program of atmospheric pollution control; and

To perform such other acts as may be necessary to carry out his responsibilities in preventing air pollution (8 601 (c) (11)).

C. PENALTY

Violation of the regulations is a misdemeanor, punishable by fine of up to $500 or imprisonment up to one year, each day the violation continues constituting a separate offense (8 601 (i)).