LAWS
in the U.S. territories and States
-------
-------
SOLID WASTE LAWS
in the U. S. Territories and States
This compendium (SW-40c) was prepared for the Federal solid waste management program
by Autocomp Incorporated, Washington, D.C.
under contract number CPE 70-118
U. S. ENVIRONMENTAL PROTECTION AGENCY
1972
,' ' " »"* f
- - -->.. l.u ^-.
''.'"."-. lltrcetf
6060^
-------
An environmental protection publication
in the solid waste management series (SW-40c)
-------
FOREWORD
A NECESSARY STEP in implementing a solid waste management program is to
make adequate provision for it in the law. This is recurringly apparent to the
Office of Solid Waste Management Programs in pursuing responsibilities con-
signed to it: encouraging interlocal, regional, and interstate solid waste manage-
ment programs;recommending, in cooperation with State and local governments,
guidelines for waste recovery, collection, separation, and disposal; providing
major technical assistance to localities and regions so that the feasibility of
immediate change to improve collection and disposal is shown. These all require
a strong institutional framework that provides for systematic administrative
action, coordinated policies, authority to cope with basic problems, and
consistent implementation.
Yet regulation of solid waste management practicesother than for
public health protectionis in a rudimentary state. Where solid waste manage-
ment law exists, it is not a self-contained, comprehensive law but rather a
makeshift composite of fragments of various legislations. Further, authority,
where it exists, often is delegated to several State agencies without any clear
indications of their parameters or responsibilities.
In response to this need, the Solid Waste Disposal Act, PL 89-272
authorizes the Administrator of the U. S. Environmental Protection Agency to
encourage the enactment of improved and uniform State and local laws govern-
ing solid waste disposal. This inventory of State and territorial solid waste and
related laws provides one reference tool to assist States in developing a con-
ceptual structure, where no laws exist, or in strengthening existing legislative
remedies.
Development of technology, which right now can improve solid waste
practices, cannot by itself achieve environmental quality. It will require con-
certed use of economic, management and legal toolsalong with application of
the law.
-SAMUEL HALE, JR.
Deputy Assistant Administrator
for Solid Waste Management
in
-------
PREFACE
In recommending or developing new modern State legislation for solid
waste management, the law as it reads today must be taken into account. This
task is hampered by the fact that existing solid waste legislation is found in such
widely disparate portions of the State codes as those dealing with agriculture,
health, labor, highways, industry, water, and air. Accordingly, this compendium
purposes to assemble all such legislation on solid waste laws for the 50 States, the
U. S. territories and the District of Columbia and publish an abstract of the
legislation. No information below a state and territorial statute, exclusive of
the District of Columbia, has been included.
The user should be alerted that, at first appearance, many of the abstracted
laws seem to have no solid waste application. Because of the vast fragmentation
that exists in solid waste legislation, a determination was made to assure that
any law having a bearing on solid waste be included and, consequently, this
broad approach was taken. Included, for example, are general nuisance laws and
zoning regulationsall insofar as they pertain to management of solid waste.
In addition to serving the requirements of the Solid Waste Disposal Act as
amended, a publication such as this is a highly desirable reference and has been
much in demand by State solid waste planning agencies, State legislators, local
governments, commerce and industry, and others. To sustain its usefulness, the
Office of Solid Waste Management Programs proposes to update the compendium
at least biennially.
William F. Meyers represented the Office of Solid Waste Management
Programs during the implementation of the contract and the preparation of the
compendium.
-CLYDE J. DIAL
Director, Systems Management Division
Office of Solid Waste Management Programs
IV
-------
INTRODUCTION
The compendium of laws contained in this volume includes the solid
waste legislation of the 50 States, the District of Columbia, and the territories of
American Samoa, Guam, Puerto Rico, and the Virgin Islands.
In preparing the compendium, a search was first conducted of the
legislation relating to solid wastes of all these jurisdictions. Included in the
materials searched were the published codes of the jurisdictions, supplements to
the codes, and legislation enacted by the respective jurisdictions but not yet
printed in the code volumes. The legislation was then collected, assembled and
organized by jurisdiction; repealed laws were eliminated; and an index for each
jurisdiction was prepared. The legislation searched extended through December
31, 1970, and this completed Phase I of the project.
Phase II of the project consisted of the actual preparation of the com-
pendium of the selected laws for publication. This entailed first abstracting the
laws for each jurisdiction and then preparing catchlines for each abstract which
highlighted the substance of the abstract. This material then was captured in
random sequence on computer tape on a jurisdiction-by-jurisdiction basis.
At this point, a computer program was written to extract the catchlines
for all jurisdictions and print them alphabetically. This list was editorially
scrutinized to further standardize those catchlines that referenced the same
subject matter. An update of this file was performed, and through additional
computer programming, the new uniform listing of catchlines was reinserted
appropriately into the abstract file. At the same time, a program was applied to
alphabetically sort the resulting file, both by jurisdiction and by catchline
within each jurisdiction. Another editorial check was performed to ensure the
accuracy of the citations following each abstract, and the compendium was
completed.
To prepare the master index, which contains all catchlines found in the
compendium, together with zip code abbreviations of the applicable jurisdictions,
additional programs were written that extracted the catchlines from the data
base, identified the jurisdictions in which the catchlines appeared, correlated
the State or territory names with their respective zip code abbreviations, and
alphabetically sorted the catchlines.
-------
HOW TO USE
This volume is divided into two parts. The first part consists of an
alphabetical listing of the 50 States, the District of Columbia, and the four U. S.
territories. Within each of these jurisdictions is a compendium of abstracts of its
solid waste laws; they are arranged alphabetically by the catchlines captioning
each abstract. For readers who may desire the full text of the law, the legislative
citation is given in italics after the abstract.
The second part of the volume is an alphabetical master index of the
catchlines only appearing in part one. Each catchline is followed by any State,
territory or the District of Columbia (by zip code abbreviation) that has
enacted solid waste legislation relating to the subject matter indicated by the
catchline.
In searching for the laws of any jurisdiction, users should first consult
the master index for the subject in question. After finding the appropriate
catchline referencing a jurisdiction or jurisdictions, the user should turn to the
jurisdiction(s) in the first part of the volume, where the identical catchline will
be listed alphabetically along with the abstract of the law.
VI
-------
CONTENTS
Part One
Page
JURISDICTIONS 1
Alabama AL 1
Alaska AK 3
American Samoa AS 9
Arizona AZ 11
Arkansas . AR 17
California CA 31
Colorado CO , 39
Connecticut CT 41
Delaware DE 49
District of Columbia DC 55
Florida FL 59
Georgia GA 67
Guam , . . GU 73
Hawaii HI 75
Idaho ID 85
Illinois IL 91
Indiana IN 119
Iowa IA 123
Kansas , KS 129
Kentucky KY 133
Louisiana LA 141
Maine , ME 143
Maryland MD , 151
Massachusetts MA 159
Michigan MI , 165
Minnesota MN 171
Mississippi MS 179
Missouri MO 183
Montana MT 191
Nebraska NB 195
Nevada NV 207
New Hampshire NH 209
New Jersey NJ 215
New Mexico NM , 225
New York NY 229
North Carolina NC 241
North Dakota . ND 249
Ohio OH 253
Oklahoma OK 271
Oregon OR 283
Pennsylvania PA 287
Puerto Rico PR 297
Rhode Island RI 301
South Carolina SC 313
South Dakota SD 323
Tennessee TN 327
Texas , TX 335
Utah UT 345
Vermont VT 351
Virgin Islands VI 363
Virginia VA 367
Washington WA 381
West Virginia WV 385
Wisconsin WI 393
Wyoming WY 401
Part Two
MASTER INDEX 407
-------
-------
ALABAMA
BAY WATERS KNOWLEDGE OF REFUSE SWEEPING
BALLAST SCREENINGS CINDER OR RUBBISH
Responsibility of pilot to notify county solicitor.
38-72
BOARD OF HEALTH STATE APPEAL FROM ORDER
Procedures; time limits upon decision of court; possible rulings of
court.
37-138
CONDEMNATION LAND BY MUNICIPALITIES FOR
PUBLIC IMPROVEMENTS
Power of eminent domain to municipality.
37-574
COUNTY HOUSING AUTHORITY FINDING AND
DECLARATION OF NECESSITY
Unsafe and unsanitary dwellings in existance require im-
provement.
25-31
DEAD ANIMALS AND FOWL IN RUNNING STREAM
DEPOSITING
Prohibited; penalties; enforcement.
22-132
EMINENT DOMAIN
Power to housing authorities; restrictions upon use of power.
25-15, 25-41
HIGHWAYS GLASS BOTTLES NAILS TACKS OR
WIRES
Immediate removal required by person responsible.
36-58 (32)
HIGHWAYS PENALTY FOR THROWING TACKS
NAILS OR INJURIOUS SUBSTANCES
Fines.
22-139
LITTER FROM WATERCRAFT DEFINITIONS
Defines:
Watercraft;
Sewage;
Litter;
Marine toilet;
Water of this State;
Person.
38-97 (36)
LITTER OR SEWAGE DISCHARGE FROM
WATERCRAFT
Restrictions against harmful discharge in waters.
38-97 (37)
MUNICIPAL AND COUNTY HOUSING AUTHORITIES
POWERS
Constitutes public body; investigation of dwellings; eminent
domain.
25-12, 25-38
MUNICIPALITIES POWERS
Construction of sewers, sewers systems and sewage treatment
plants required of municipalities.
37-513
NAVIGABLE WATERCOURSE OBSTRUCTING
Fine.
38-107
POLLUTION WATER DISCHARGE OF LITTER AND
SEWAGE
Power to the board of health to adopt rules and regulations;
approval of director of conservation.
38-97 (39)
POLLUTION WATER ENFORCEMENT OF LAWS
Power to state board of health and department of conservation;
issuance of warrant; prosecution; penalties, separation of offenses.
38-97 (44)
POLLUTION WATER PENALTIES
Separation of offenses; fines to go to general fund of state
treasury.
22-139
LAND PURCHASE OF UNDEVELOPED
Power to housing authority; requirement for acquisition.
25-111
POLLUTION WATER VIOLATIONS
Declared public nuisance; abatement.
22-13 7
-------
ALABAMA
REDEVELOPMENT PROJECT DECLARATION OF URBAN RENEWAL PROJECTS FINDINGS
NECESSITY Urban renewal of blighted and deteriorated areas declared in the
Redevelopment of blighted areas for public health and safety is in interests of public health and safety; acquisition and clearance of
the public interest. properties; use of public money.
25-96 25-105
STREAM - OBSTRUCTING WITH FLOATING TIMBER WAT,ER ~ WJRE OR POLLUTED
, Penalties for supplying for human consumption or domestic use.
38-106 ' 25~'35
WATER SUPPLY OF TOWN OR CITY POLLUTION
TRASH RECEPTACLES ON SHORE OF
Required of owners of marinas or other waterside facilities. Prohibited; penalties.
38-97 (42) 22-133
-------
ALASKA
AIR CONTAMINANT DEFINITION
Air contaminant means dust, fumes, mist, smoke, other paniculate
matter, vapor, gas, odorous substances or combination of these.
18-31-260 1969 Session Laws
AIR POLLUTION CONTROL COMMISSION LOCAL
Municipality with population in excess of 1,000 may establish and
administer within its jurisdiction an air pollution control program.
18-31-170 1969 Session Laws
AIR POLLUTION CONTROL COMMISSION
CONTAMINATION SOURCES
Notice must be given before construction of particular types of
new air contaminant sources.
18-31-100 1969 Session Laws
AIR POLLUTION CONTROL COMMISSION
CREATION
There is created within Department of Health and Welfare the Air
Pollution Control Commission.
18-31-020 1969 Session Laws
AIR POLLUTION CONTROL COMMISSION
EMERGENCY
If director finds that air pollution creates an emergency, he may
order persons causing air pollution to reduce or discontinue
immediately emission of air contaminants.
18-31-130 1969 Session Laws
AIR POLLUTION CONTROL COMMISSION
EMISSION CONTROL
Commission may establish emission control requirements
necessary to prevent, abate or control air pollution.
18-31-120 1969 Session Laws
AIR POLLUTION CONTROL COMMISSION
ENFORCEMENT
If violation of this chapter occurs, commission may serve written
notice upon suspected violator.
18-31-220 1969 Session Laws
AIR POLLUTION CONTROL COMMISSION
INSPECTION
Commission may enter and inspect property and premises where
air contaminant source is located or is being constructed.
18-31-110 1969 Session Laws
AIR POLLUTION CONTROL COMMISSION
LIMITATIONS
This chapter does not affect air contamination existing within
commercial and industrial plants, or supersede law or ordinance
relating to sanitation, industrial health or safety.
18-31-210 1969 Session Laws
AIR POLLUTION CONTROL COMMISSION
PENALTIES
Person who violates this chapter, upon conviction, is punishable
by fine not to exceed $1000.00. Each day of violation shall
constitute separate offense.
18-31-230 1969 Session Laws
AIR POLLUTION CONTROL COMMISSION POLICY
It is policy of State to achieve and maintain levels of air quality
that will protect human health and safety, and prevent injury to
plant and animal life and property.
18-31-010 1969 Session Laws
AIR POLLUTION CONTROL COMMISSION POWERS
AND DUTIES
Commission shall have power to:
1) Adopt rules and regulations;
2) Hold hearings;
3) Issue orders;
4) Require access to records;
5) Secure necessary services;
6) Plan for air pollution control;
7) Encourage voluntary cooperation;
8) Encourage local units of government;
9) Encourage research;
10) Determine degrees of contamination;
11) Make studies;
12) Establish air quality standards;
13) Collect and disseminate information;
14) Advise other agencies;
15) Consult; and
16) Accept and administer grants.
18-31-080 1969 Session Laws
AIR POLLUTION CONTROL COMMISSION
VARIANCES
Person who owns or controls plant, building, structure,
establishment, process or equipment may apply to commission for
variance from rules and regulations. After public hearing,
commission may grant variance.
18-31-140 1969 Session Laws
3
-------
ALASKA
ALASKA PLANNING AND RESEARCH DIVISION
DUTIES
Alaska planning and research division shall:
1) Compile basic data;
2) Review capital improvement plans;
3) Plan capital improvements;
4) Assist with professional planning;
5) Provide research assistance;
6) Maintain index of economic activity;
7) Cooperate with Alaska State Housing Authority; and
8) Assist governor and legislature.
Division may accept grants and other aid.
44-19-870 - 890
ANIMALS DISEASED DESTRUCTION
Domestic animals and poultry are subject to slaughter or
destruction when found to be infected with any contagious
disease.
03-45-050
ANIMALS DISEASED DESTRUCTION PROCEDURE
Inspector of Animal Disease Eradication Branch U.S. Department
of Agriculture shall determine if animal should be slaughtered or
destroyed.
03-45-060
AUTOMOBILE GRAVEYARDS DEFINITION
Automobile graveyard means establishment or place of business
which is maintained, used, or operated primarily for storing,
keeping, buying, or selling wrecked, scrapped, ruined, or
dismantled motor vehicles or motor vehicle parts.
19-27-110
BODIES DEAD TRANSPORTATION
Commissioner shall adopt rules and regulations for transportation
of dead bodies.
18-05-040
COMMISSION DEFINITION
Commission means Air Pollution Control Commission.
18-31-260 1969 Session Laws
DEPARTMENT DEFINITION
Department means Department of Highways.
19-27-110
Department means Department of Health and Welfare.
46-05-230
DEPARTMENT OF HEALTH AND WELFARE DUTIES
Department of Health and Welfare shall administer State
programs of public health and welfare.
44-29-020
DEPARTMENT OF HEALTH AND WELFARE WATER
POLLUTION
Department has jurisdiction to abate and prevent pollution of
waters of State.
46-05-020
4
DEPARTMENT OF NATURAL RESOURCES
Principal executive officer of Department of Natural Resources is
commissioner of natural resources.
44- 3 7-010
Department of Natural Resources shall administer State program
for conservation and development of natural resources.
44-37-020
DEPARTMENT OF NATURAL RESOURCES POWERS
AND DUTIES
Department shall:
1. Get and distribute information - agriculture:
2. Control and regulate seeds and plants;
3. Eradicate injurious pests;
4. Develop agricultural resources; and
5. Agricultural experimentation.
44-37-030
DWELLINGS UNFIT DEMOLITION
If dwelling is determined unfit for human habitation, municipality
may require or cause repair, closing or demolition or removal of
dwelling.
18-55-750
EMINENT DOMAIN
Statute lists all public uses for which right of eminent domain may
be exercised.
09-55-240
EMINENT DOMAIN DEPARTMENT OF PUBLIC
BUILDINGS AND WORKS
Department may acquire under right and power of eminent
domain land which it considers necessary for present public use.
35-20-010
EMINENT DOMAIN JUNKYARDS
When department determines that it is in best interests of State, it
may acquire lands or interests in lands necessary to provide
adequate screening of junkyards.
79-27-050
EMINENT DOMAIN MINES
Right of eminent domain may be exercised for dumping places for
working mines; also outlets, natural or otherwise, for flow, deposit,
or conduct of tailings or refuse matter from mines.
09-55-240
ENVIRONMENTAL QUALITY CONTROL COMMISSION
Commission shall:
1) Investigate natural resources;
2) Make recommendations to governor;
3) Hold public hearings;
4) Issue public reports;
5) Adopt regulations; and
6) Have all necessary powers. 44-29-100-170 1970 Session
Laws
FIRE HAZARDS ABATEMENT
Department of public safety may require owner of commercial
-------
ALASKA
business or public property to abate fire hazard which exists in
violation of law or regulations.
18-70-070
FIRE PREVENTION FORESTS
Failure to exercise necessary caution in dealing with fire or
burning material in forested land is a misdemeanor.
41-15-070 - 110
FOOD DESTRUCTION OF CONTAMINATED
Contaminated food is a nuisance and shall be immediately
condemned or destroyed in any manner or made unsalable as
human food.
17-20-270
GARBAGE COLLECTION AND DISPOSAL
City council must provide for collection and disposal of garbage
by city officials and employees.
29-10-156
GARBAGE HIGHWAYS
No person may put or throw any kind of garbage on highway,
highway right-of-way, or public recreation facility.
11-20-590 1969 Cum. Supp
HEALTH COMMISSIONER REGULATIONS
Commissioner shall adopt, promulgate, repeal and amend rules
and regulations for:
1) Communicable diseases;
2) Public health nuisances;
3) Sanitary practices;
4) Board of Health ;
5) Public health;
6) Contagious and infectious diseases;
7) Transportation of dead bodies;
8) Quarantine;
9) Standards of sanitation;
10) Public water supply;
11) Collection and disposal or sewage;
12) Purposes of this chapter;
13) Provisions of U.S. laws;
14) Establishing necessary subdivisions; and
15) Collection and disposal of garbage.
18-05-040 1970 Session Laws
HIGHWAYS LITTERING
No person may put or throw any kind of litter or trash from
highway or highway right-of-way onto private property.
11-20-590 1969 Cum. Supp.
HIGHWAYS LITTERING POSTING OF LAW
Commissioner of highways shall inform public of prohibition
against, and penalty for, highway littering.
19-17-010
INDUSTRIAL WASTE DEFINITION
Industrial waste means liquid, gaseous, solid, or other waste
substance resulting from process of industry, manufacturing trade
or business, or from development of natural resources.
46-05-230
INTERSTATE SYSTEM DEFINITION
Interstate system means that portion of National System of
Interstate and Defense Highways located in this State.
19-27-110
JUNK DEFINITION
Junk means used or scrap rope, rags, batteries, paper, trash,
rubber debris or waste, junked, dismantled, or wrecked
automobiles, or parts thereof, or used or scrap iron, steel, copper,
brass and other ferrous or nonferrous metals.
19-27-110
JUNK DEALERS LICENSE
It is unlawful for person to engage in business of junk dealer or
metal scrapper without obtaining annual license from Department
of Revenue.
08-60-010
JUNKYARDS CERTIFICATE OF LOCATION
Person proposing to use location for commercial or public
junkyard must obtain certificate of approval for location.
08-06-060
JUNKYARDS DEFINITIONS
Junkyard means an establishment or place of business which is
maintained, operated, or used primarily for storing, keeping,
buying, or selling junk, or for maintenance or operation of
automobile graveyard, and term includes garbage dumps and
sanitary fills.
19-27-110
JUNKYARDS HIGHWAY BEAUTIFICATION
It is in public interest to regulate and restrict junkyards in areas
adjacent to interstate, primary and secondary systems within
State. Junkyards which do not conform to requirements are public
nuisance.
19-27-010 1970 Session Laws
JUNKYARDS LIMITATIONS
No person may establish, operate, or maintain a junkyard, any
portion of which is within 1,000 ft. of the nearest edge of right-of-
way of any interstate, primary or secondary highway.
19-27-020 1970 Session Laws
JUNKYARDS PENALTY FOR VIOLATIONS
Any person who violates this chapter is guilty of a misdemeanor.
19-27-120
JUNKYARDS REGULATIONS
Commissioner of public safety shall examine location of junkyards
and make reasonable regulations concerning establishment,
operation, and maintenance.
08-60-080
JUNKYARDS SCREENING
Department may promulgate regulations governing screening or
fencing of junkyards.
19-2 7-040
Junkyard lawfully in existence on July 1, 1970, which is within
1,000 feet of right-of-way and visible from main-traveled way of
5
-------
ALASKA
any highway or secondary system, shall be screened, if feasible, so
as not to be visible from main-traveled way of highway.
19-27-030 1970 Session Laws
JUNKYARDS STANDARDS
Commissioner of public safety in considering applications and
regulations, shall take into account:
1) Surrounding property;
2) Local economy;
3) Proximity of places of public gathering;
4) Similar business establishments;
5) Adequacy of fences;
6) Health, safety and general welfare; and
7) Suitability of applicant.
08-60-070
JUNKYARDS UNITED STATES
Department is authorized to enter into agreements in conformity
with United States Secretary of Transportation relating to control
of junkyards in areas adjacent to interstate and primary systems.
19-27-100 1969 Cum. Supp.
JUNKYARDS VIOLATIONS
Junkyard in violation of provision of this title is public nuisance.
19-27-060
LAND WASTE OR INJURY
Person who commits waste, or tresspass or other injury upon State
land is punishable by fine of not more than $1,000.
38-05-360
MOTOR VEHICLE DEFINITION
Motor Vehicle has same meaning as in 28-20-630.
18-31-260 1969 Session Laws
MUNICIPALITIES DEFINITION
Municipality means an organized borough or incorporated city
outside organized borough and includes all classes of boroughs
and cities whether home rule or otherwise.
18-31-260 1969 Session Laws
MUNICIPALITIES PLANNING COMMISSION
Council may establish city planning commission. Commission
shall prepare plans for systematic development and betterment of
city as place of residence or for business.
29-10-207
MUNICIPALITIES POLICE POWERS
Council may take action by ordinance necessary to protect and
preserve lives, health, safety and well-being of people of city.
29-10-201
MUNICIPALITIES SECOND CLASS CITIES
Board of trustees may take such action by ordinance to protect
and preserve lives, health, safety, and well-being of people of city.
29-15-190
NUISANCE ABATEMENT
Action may be brought by person whose property is injuriously
6
affected by private nuisance, and nuisance may be enjoined or
abated as well as damages recovered.
09-45-230
Person is guilty of creating or maintaining nuisance who:
1) Deposits on lot, street, beach, or within 200 feet of public
highway any offal, dead animals or other noxious
substances;
2) Allows deposit on his premises of garbage, offal, dead
animals or other noxious substances; and
3) Refuses to abate existing nuisances.
18-31-240 1969 Session Laws
NUISANCE ABATEMENT BY HEALTH
COMMISSIONER
Commissioner shall adopt, promulgate, repeal and amend rules
and regulations to prevent and control public health nuisances.
18-05-040 (2)
NUISANCE ABATEMENT OF JUNKYARDS
At request of department, attorney general may institute civil
action to abate a junkyard that is a nuisance.
19-27-080
NUISANCE CONDEMNATION OF BUILDINGS
Council may provide for condemnation of buildings which are fire
or health hazard or public nuisance and cause their removal or
demolition.
29-10-216
NUISANCE MANNER OF ABATEMENT
On request of plaintiff, order may be issued directing issuance of
warrant to peace officer to abate nuisance.
09-45-240
NUISANCE WATER POLLUTION ABATEMENT
Person is guilty of creating or maintaining nuisance who puts dead
animal carcass or other offensive substance into waters used for
domestic purposes, or who refuses upon court order to abate such
nuisance.
46-10-010
PERSON DEFINITION
Person means any individual, public or private corporation,
political subdivision, government agency, municipality, industry,
copartnership, association, firm, trust, estate, or any other entity
whatsoever.
46-05-230
PLANNING AND ZONING BOROUGHS
First and second class boroughs have responsibility of planning,
platting and zoning.
07-15-340
POLLUTION DEFINITION
Pollution means contamination or altering of waters of State in
manner which creates nuisance or makes waters unclean, or
noxious, or impure, or unfit so that they are actually or potentially
harmful or detrimental or injurious to public health, safety or
welfare, to domestic, commercial, industrial, or recreational use, or
to livestock, wild animals, bird, fish, or other aquatic life.
46-05-230 (5) 1970 Session Laws
-------
ALASKA
POLLUTION PROHIBITION
No person may pollute or add to pollution of waters of State.
46-05-170 1969 Cum. Supp.
POLLUTION AIR DEFINITION
Air pollution mean presence in outdoor atmosphere of one or
more air contaminants in quantities or duration that tend to be
injurious to human health or welfare, animal or plant life or
property or would unreasonably interfere with enjoyment of life or
property.
18-31-260 1969 Session Laws
POLLUTION AIR STATE AND FEDERAL AID
Local government unit with air pollution program may apply to
State for State aid.
Municipalities of State and interlocal air pollution control
agencies may apply for, receive, administer and expend Federal
aid.
18-31-190 1969 Session Laws
POLLUTION WATER COMMISSIONER OF HEALTH
Commissioner shall establish standards for collection and disposal
of sewage and industrial waste, prohibiting pollution of surface
and ground waters.
18-05-040 (12)
POLLUTION WATER FACILITIES PROHIBITED
No person may construct sewage system or treatment works until
plans are submitted to department.
46-05-160
POLLUTION WATER STANDARDS
Department may adopt standards and determine what qualities
and properties of water indicate polluted condition, deleterious,
harmful, detrimental or injurious to public health.
46-05-040
PRIMARY SYSTEM DEFINITION
Primary system means that portion of connected main highways
designated by commissioner of highways, and approved by
Secretary of Commerce.
19-27-110
SEWAGE DEFINITION
Sewage means water-carried human or animal wastes from
residences, buildings, industrial establishments, or other places,
together with ground water infiltration and surface water as may
be present; admixture with sewage of industrial wastes or other
wastes is sewage.
46-05-230 (6)
SEWER SYSTEM DEFINITION
Sewer system or sewerage system means pipe lines or conduits,
pumping stations, and force mains, and all other appurtenant
constructions, devices, and appliances used for conducting
sewage, industrial waste, or other wastes to point of ultimate
disposal.
46-05-230 (7)
SNOW CLEARING
Council may by ordinance require owners of real property in city
to keep sidewalks reasonably clear from snow.
29-10-294
STANDARD DEFINITION
Standard means measure of purity or quality for waters in relation
to their reasonable and necessary use as established by
department.
46-05-230 (8)
TREATMENT WORKS DEFINITION
Treatment works means plant, disposal field, lagoon, pumping
station, constructed drainage ditch, or surface water intercepting
ditch, incinerator, area devoted to sanitary land fills, or other
works installed for purpose of treating, neutralizing, stabilizing or
disposing of sewage, industrial waste, or other wastes.
46-05-230 (9)
VILLAGES POWERS
Council may take action necessary to protect and preserve lives,
health, safety and well-being of people of village.
29-25-330
WASTE UNLAWFUL DISPOSAL
No person may dispose of human excreta, garbage or refuse on or
near public way or thoroughfare.
18-35-060
WASTE OTHER DEFINITION
Other waste means garbage, refuse, decayed wood, sawdust,
shavings, bark, trimmings from logging operations, sand, lime,
cinders, ashes, offal, oil, tar, dyestuffs, acids, chemicals, and other
substances not sewage or industrial waste which may cause or tend
to cause pollution of waters of State.
46-05-230 (3)
WATER POLLUTION CONTROL ACT
COOPERATION
Department may cooperate with other governmental agencies to
protect and free waters of State of pollution.
46-05-120
WATER POLLUTION CONTROL ACT EMERGENCY
ACTION
Department may take emergency action if delay of pollution
abatement would be prejudicial to interests of State.
46-05-190
WATER POLLUTION CONTROL ACT INJUNCTIVE
RELIEF
Upon request of department, attorney general may bring action
against any person violating this chapter.
46-05-200
WATER POLLUTION CONTROL ACT LEGAL
PROCEEDINGS
Department may institute legal proceedings to compel compliance
with orders of department.
46-05-060
1
-------
ALASKA
WATER POLLUTION CONTROL ACT LIABILITY
In action brought against corporation, directors and officers of
corporation are jointly liable for fine imposed against corporation.
46-05-220
WATER POLLUTION CONTROL ACT NOTICE OF
VIOLATION
When person has violated any provision of this chapter,
department shall give written notice of violation.
46-05-180
WATER POLLUTION CONTROL ACT PENALTY
Person who wilfully violates order of department is guilty of
misdemeanor.
46-05-210
WATER POLLUTION CONTROL ACT PERMITS
Department may issue permit for discharge of sewage; industrial
waste, or other wastes.
46-05-070
WATER POLLUTION CONTROL ACT PLANS FOR
DISPOSAL
Department may require submission of plans for sewage and
industrial waste disposal for public or private property.
46-05-110
WATER POLLUTION CONTROL ACT PREVENTION
OF POLLUTION
Department may require discontinuance of discharge of sewage,
industrial waste or other waste into waters of State resulting in
pollution.
46-05-050
WATER POLLUTION CONTROL ACT PUBLIC
HEARINGS
Department may hold public hearings on questions of water
pollution control.
46-05-030
WATER POLLUTION CONTROL ACT PUBLIC
POLICY
It is public policy of State to maintain reasonable standards of
purity of waters of State consistent with public health and public
enjoyment.
46-05-010
WATER POLLUTION CONTROL ACT RIGHT OF
INSPECTION
Department may enter public or private property for purpose of
inspecting and investigating conditions relating to pollution of
waters of State.
46-05-130
WATER POLLUTION CONTROL ACT STANDARDS
Department may establish standards of water quality and purity.
46-05-150
WATER POLLUTION CONTROL PLAN
Department shall develop comprehensive plans for water pollution
control.
46-05-080
WATER QUALITY HEALTH REGULATIONS
Commissioner may make rules and regulations for protection of
public water supplies.
Sec. 18-05-040
WATERS DEFINITION
Waters includes lakes, bays, sounds, ponds, impounding
reservoirs, springs, wells, rivers, streams, creeks, estuaries,
marshes, inlets, straits, passages, canals, the Pacific Ocean, Gulf of
Alaska, Bering Sea, and Artie Ocean, within territorial limits of
state, and all other bodies of surface or underground water,
natural or artificial, public or private, inland or coastal, fresh or
salt, which are wholly or partially within, or bordering state or
under, jurisdiction of State.
46-05-230 (10)
WATERS DISCHARGE OF BALLAST
Person who discharges ballast of vessel into navigable State
waters, upon conviction, may be punished by imprisonment.
11-65-010
WESTERN INTERSTATE NUCLEAR COMPACT
Board has power to facilitate transportation of nuclear equipment,
materials, products, by-products, wastes, and any other nuclear or
related substances, in such manner as will make their availability
or disposal practicable.
41-12-010
ZONING FIRST CLASS CITIES
Creation and powers of zoning commission for first class cities.
29-10-219 el seq.
ZONING POWER OF VILLAGES
Council may provide through zoning for reasonable control of
land uses.
29-25-300
-------
AMERICAN SAMOA
ANIMAL MATTER DECAYING ON WHARFS
Provision for disposal of decaying animal matter on wharf.
21.0711
ANIMAL PENS EXCLUSION OVER STREAMS
Exclusion of pens over streams, bodies of fresh water.
14.1006
ANIMALS FEEDING GARBAGE
Prohibits selling, disposal of garbage as food for human
consumption; regulates feeding to animals.
14.0807
BUILDING UNOCCUPIED OBLIGATIONS OF OWNER
LESSEE
Responsibility for sanitary conditions; rubbish, waste, filth or
property; weeds and grass mamtainance.
14.0902
BUILDING UNSAFE
Procedures for removing unsafe buildings.
17.0105
BUNCHYTOP ERADICATION DUTIES OF OCCUPIER
Duties of land occupier to eradicate bunchytop.
20.0402
ANIMALS SANITARY FACILITIES
Regulations for sanitation of animal habitats.
14.1003
DEBRIS REMOVAL OF CONSTRUCTION
Responsibility for removal of debris from construction.
14.0808
ANIMALS DEAD DISPOSAL
Provision for disposal of dead animal bodies
14.1004
EMINENT DOMAIN AUTHORITY OF GOVERNMENT
Authorization to take land by eminent domain for public
purposes.
7.0101
ANIMALS UNLICENSED DESTRUCTION
AUTHORIZED
Authority to destroy unlicensed dogs; enforce confinement.
14.1001
BEDDING AND CLOTHING DISTRUCTION BY
DIRECTOR
Authority to destroy infected bedding, clothing.
14.0412
BODIES DEAD BURIAL PERMITS
Procedure for issuance of burial permits.
15.0508
EXCREMENT HUMAN DISPOSAL
Restriction on excreta disposal.
14.0601
FOOD SANITATION EXAMINATION AND
CONDEMNATION
Examination and condemnation of unwholesome or adulterated
food or drink; examination of utensils.
14.0701
GARBAGE STORAGE IN URBAN AREAS
Storage of garbage, rubbish on premises in urban areas;
regulations.
14.0803
BODIES DEAD DISPOSAL
Authority to dispose of bodies by director; procedure.
; 4.0417
BUILDING OBLIGATIONS OF OWNERS LESSEE
OCCUPANT
Rodent eradication; garbage refuse disposal; dumping of garbage;
piling of materials.
14.0901
GARBAGE TRANSPORTATION
Rules for transporting garbage on roads.
14.0810
GARBAGE RUBBISH DUTIES OF DIRECTOR OF
MEDICAL SERVICES
Director's duty to supervise sanitation of dumps; select dump
sites; order removal, disposal of garbage; procedures for issuing
orders.
14.0801
9
-------
AMERICAN SAMOA
GARBAGE RUBBISH STORAGE AND DISPOSAL IN
VILLAGES
Regulations for storage, disposal of garbage in village; authority of
Pulenuu.
14.0804
GARBAGE WASTES OFFENSIVE SUBSTANCES
DISCHARGE INTO WATERS
Prohibition from dumping wastes into waters, highways, anywhere
other than public dump without owners consent.
14.0809
HIGHWAYS DEPOSITING GLASS RUBBISH
Putting glass, cans, wire, rubbish on highways prohibited.
25.1401
LAND ORDINANCES FOR USE
Land use ordinances; approval; abrogation.
20.0203
LITTERING PROHIBITION
Littering prohibited in specified areas.
14.0806
NUISANCE ABATEMENT
Procedure for abatement of nuisances.
14.0110
NUISANCE PUNISHMENT FOR MAINTENANCE
Provision for punishment for maintenance of nuisances.
14.0109
PULENUU DUTIES AND RESPONSIBILITIES
The Pulenuu shall be responsible for: health, safety of people of
village, reporting on sanitary conditions, enforcing regulations.
2.0302
RUBBISH DUMPING IN HARBOR
Dumping rubbish into harbor prohibited.
2^.07/2
RUBBISH DUMPING ON WHARF
Rubbish dumping on wharf prohibited.
21.0710
RUBBISH OWNER TO KEEP LAND CLEAR
Rubbish disposal required of land owner.
20.070 J
SANITATION DEFINITIONS
Defines:
Director;
Bay area;
Urban area;
Village;
Person;
Employee;
Public health nuisance;
Restaurant;
Food handler;
Food;
Drink;
Sanitize;
Garbage;
Rubbish;
Sewage disposal installation.
14.0102
SANITATION DUTIES OF DIRECTOR
Duties to: prevent, control nuisances; set sanitary practices and
quality control of water supplies; disposal of sewage, wastes;
disposal of garbage, refuse; pollution of streams, seashores.
14.0101
VILLAGES ENACTING REGULATIONS
Procedures for enacting regulations in villages concerning
cleanliness; punishment.
2.0305
WASTE DISCHARGE FROM SHIPS
Prohibition of waste discharge from ships; fines.
21.0713
WASTE DISPOSAL SYSTEMS APPROVAL
Waste disposal systems approved by director; areas of approval;
review.
14.0605
WASTE RECEPTACLES PROVISION FOR SUPPLY
USE
Provision for receptacles; their use; violations; penalties.
14.0805
WEEDS NOXIOUS DISPOSAL OF
Provision for disposal of noxious weeds.
20.0605
10
-------
ARIZONA
AIR CONTAMINANT SOURCES CLASSIFICATION
AND REPORTING
Rules and regulations for classification; production of records; air
contaminant monitoring devices; confidentiality of records;
violation, penalties.
.36-750 Cum. Supp.
AIR CONTAMINANT SOURCES CONDITIONAL
PERMITS
Certain variances permitted after hearing; standards.
36-784 Cum. Supp.
AIR CONTAMINANT SOURCES DECISIONS ON
PETITIONS; CONDITIONAL PERMITS
Decision 30-days after hearing; terms and conditions for granting;
fee.
36-784.02
AIR CONTAMINANT SOURCES PETITION FOR
CONDITIONAL PERMIT
Filing of petition; notice of filing; hearing.
36-784.01 Cum. Supp.
AIR CONTAMINANT SOURCES SUSPENSION AND
REVOCATION, CONDITIONAL PERMIT
Violations of terms and conditions; notice; hearing.
36-784.04 Cum. Supp.
AIR CONTAMINANT SOURCES TERM OF
CONDITIONAL PERMIT
Set by hearing board.
36-784.03 Cum. Supp.
AIR POLLUTION CONTROL BOARD COUNTY
POWERS AND DUTIES
Study problems; hearings; air pollution control district.
36-774 Cum. Supp.
AIR POLLUTION CONTROL DISTRICT POWERS
AND DUTIES
Succession; property powers.
36-775 Cum. Supp.
AIR POLLUTION HEARING BOARD
ESTABLISHMENT
Appointed by Board of Supervisors; membership; compensation.
36-778 Cum. Supp.
AIR POLLUTION SOURCES PERMITS
Requirements; exceptions; applications; fees.
36-779.01 Cum. Supp.
AIR POLLUTION VIOLATIONS ABATEMENT
ORDERS
Order procedure; time for compliance.
36-781 Cum Supp.
AIR POLLUTIOR SOURCES GRANTING ON DENIAL
OF APPLICATIONS
Requirements; testing; denial; notice.
36-779.02 Cum. Supp.
ANIMALS OWNERSHIP
Dispute over ownership; salvage money when animal destroyed.
24-746
ANIMALS DESTROYED DETERMINATION OF
VALUE
Animals with tuberculosis; determination procedure.
24-743
ARIZONA HEALTH PLANNING AUTHORITY
Appointment; qualifications; terms; compensation.
36-122 Cum. Supp.
AUTOMOBILE EMISSION CONTROL DEVICES
Rules set by Board of Health; State-wide testing program;
approval for designs for devices; requirement of installation;
studies and hearings.
36-1717 Cum. Supp.
BOARD OF HEALTH POWERS AND DUTIES
Rules regarding pollution; exceptions; hearings.
36-1855 Cum. Supp.
BOARD OF HEALTH RIGHT TO ENTER PREMISES
FOR INSPECTION OR ABATEMENT
Authorization; warrants for abatement.
36-603
BOARD OF HEALTH STATE APPOINTMENT
Appointment; qualifications; terms; compensation.
36-102 Cum. Supp.
BOARD OF HEALTH STATE FUNCTIONS
General powers.
36-132 Cum. Supp.
11
-------
ARIZONA
BOARD OF HEALTH STATE POWER TO CONTROL
WATER POLLUTION
Authorization.
36-1852 Cum. Supp.
DEPARTMENT OF ECONOMIC PLANNING AND
DEVELOPMENT
Divisions; responsibilities; assistant directors.
41-501 Cum. Supp.
BOARD OF HEALTH STATE RULES AND
REGULATIONS
Powers to define and regulate conditions injurious to public
health.
36-105 Cum. Supp.
BOARD OF SUPERVISORS AUTHORITY OVER AIR
POLLUTION
Investigation; resignation of department to enforce; multi-county
air quality control region.
36-773 Cum. Supp.
BODIES DEAD BURIAL RESPONSIBILITY
Duty of relatives; duty when failure to bury; failure a
misdemeanor.
36-831
CARCASSES DETERMINATION OF SALVAGE VALUE
Sale of carcass; custody of animal until destroyed.
24-744
CARCASSES SALVAGE RIGHT OF OWNER
Right to salvage value plus one third of difference between salvage
and appraised value; claims; limitation.
24-745
CARCASSES DISEASED CONDEMNATION
Condemnation procedure; appeals.
24-621.04
COMMISSIONER OF PUBLIC HEALTH
APPOINTMENT
Term; qualifications.
36-135 Cum. Supp.
COMMISSIONER OF PUBLIC HEALTH POWERS
AND DUTIES
Administration; enforcement; inspection; supervision of san-
itation; regulations.
36-136 Cum. Supp.
COUNTY BOARD OF SUPERVISORS POWERS
General powers.
11-251 Cum. Supp.
COUNTY LANDS AND BUILDINGS LEASE
Leasing; appraisal; auction; notice.
11-256 Cum. Supp.
DEPARTMENT OF ECONOMIC PLANNING AND
DEVELOPMENT POWERS AND DUTIES
General powers.
41-503 Cum. Supp
DEPARTMENT OF HEALTH POWERS AND DUTIES
General powers; powers over waste disposal and water pollution.
36-1856 Cum. Supp.
DEPARTMENT OF HEALTH LOCAL
ESTABLISHMENT
Powers; expenditures; plan for local health departments.
36-182 Cum. Supp.
DEPARTMENT OF HEALTH LOCAL STATE
PARTICIPATION ESTABLISHMENT AND
MAINTENANCE
Use of funds.
36-189 Cum. Supp.
DISTRICT POWER TO ACQUIRE EXISTING WORKS
OR FACILITIES
Authorization; easements.
11-771.14 Cum. Supp.
DISTRICT POWERS
General powers.
11-771.12 Cum. Supp.
ECONOMIC PLANNING AND DEVELOPMENT BOARD
Composition; terms; Governor's Advisory Board; Executive
Director.
41-502 Cum. Supp.
FISH AND GAME COMMISSION POWERS AND
DUTIES
Permits; game farms, fish hatcheries; conservation; studies; rules
and regulations.
17-231 and 18-106 Cum. Supp.
GARBAGE
Definition.
24-941 Cum. Supp.
GARBAGE FEEDING ADMINISTRATION AND
ENFORCEMENT
Livestock Sanitary Board.
24-942 Cum. Supp.
COUNTY PLAN
Development; zoning.
11-821 Cum. Supp.
12
GARBAGE FEEDING APPLICATION FOR PERMIT
Required; fee.
24-945 Cum. Supp.
-------
ARIZONA
GARBAGE FEEDING ENFORCEMENT OF
REGULATIONS
Revocation or refusal of permit.
24-943 Cum Supp
GARBAGE FEEDING PERMITS
Required; exceptions.
24-944
GARBAGE FEEDING TREATMENT
Heating; alternate methods.
24-947
GARBAGE TREATMENT INVESTIGATION
Right of entry to investigate; examination of records.
24-948
PENALTIES FOR
GARBAGE TREATMENT
VIOLATIONS
Misdemeanor.
29-949
HEALTH PLANNING COMPREHENSIVE
COOPERATION OF ALL STATE AGENCIES
Authority for contractor agreements.
36-129 Cum. Supp.
HIGHWAYS DUMPING REFUSE ON PUBLICATION
OF LAW RELATING TO
Distribution of law with license plates.
18-163
INDIAN LANDS RELEVANCE OF AIR POLLUTION
LAWS
Applicable in Indian lands.
36-1801 Cum. Supp.
LAND ACQUISITION BY CITY
Authorization; extent and notice of city jurisdiction.
9-401
LAND POWER OF CITY TO DISPOSE BY
CONVEYANCE
Authorization.
9-404
LAND SURVEY
Right of entry to survey; damages for injury to.
33-104
LAND COMMISSIONER
Appointment; term; removal; compensation.
37-131 Cum Supp.
LAND COMMISSIONER POWERS AND DUTIES
General powers; evidence in investigations; owning of interests in
State lands.
37-132 Cum. Supp.
LAND DEPARTMENT STATE CONTROL OF STATE
WATERS
Authorization; except distribution of waters reserved to special
officers appointed by courts.
45-102
HIGHWAYS PENALTIES FOR ALLOWING BARBED
WIRE TO LIE LOOSE
Misdemeanor.
28-899
HIGHWAYS PENALTY FOR DUMPING REFUSE
Misdemeanor; dumping from vehicle.
18-162
IMPROVEMENT DISTRICTS ESTABLISHMENT
Authorization; purposes; areas excluded.
11-702
IMPROVEMENT DISTRICTS PETITION TO
ESTABLISH
To Board of Supervisors; verification; plat.
11-703
IMPROVEMENT OF STATE LANDS PROCEDURE
Permission required for person other than holder of purchase
certificate; forfeiture for failure to obtain permission; report of
improvements.
37-321 Cum. Supp.
IMPROVEMENT PUBLIC PURPOSES
Specific purposes; powers incidental to public improvements.
9-672 Cum. Supp.
LAND PUBLIC GRANTING OF LEASES TO ONE OF
SEVERAL APPLICANTS
Criteria for granting leases; homestead entry; preference.
37-284 Cum. Supp
LAND STATE FORFEITURE OF LEASE
For violation of conditions of lease; rent payment.
37-288 Cum Supp.
LAND STATE LEASE
Lease without advertising for certain purposes; term; application;
subleasing without permission.
37-281 Cum. Supp
LAND STATE PUBLIC HEARING ON
CANCELLATION OF LEASE
Required; reasons for cancellation; appeal.
37-2S9 Cum. Supp.
LAND STATE SALE
State lands subject to sale; rights reserved in lands sold; State
lands not subject to sale; development; development agreements.
37-231 Cum. Supp.
MEAT INSPECTION RULES
Conformity to U.S. Department of Agriculture rules; hearing to
adopt.
24-621.05
13
-------
ARIZONA
MILITARY ENCAMPMENTS ABATEMENT OF
HEALTH MENANCES
Order to abate; failure within 24 hours a misdemeanor.
36.604
MOTOR VEHICLE DEALERS AND WRECKERS
LICENSING
License required; application; investigation; hearing on denial of
license.
28-1304
MOTOR VEHICLE DEALERS AND WRECKERS
SUBJECT TO REQUIREMENTS OF LAW
Not applicable to public officer or person acting under jurisdiction
of court.
28-1302
MUNICIPAL PROPERTY VALUED $25,000 SALE OF
Special election to authorize sale; auction.
9-403
NUISANCE ABATEMENT
Order to owner to remove; removal by city; expenses.
36-602
NUISANCE PUBLIC DANGEROUS TO PUBLIC
HEALTH
Nuisances specified; cease and desist orders, hearings; legal action
to restrain.
36-601
POLLUTION AIR CONTROL
Declaration of policy; definitions; Board of Supervisors; Advisory
Council; Hearing Board; rules and regulations, hearings,
limitations; permits; grant or denial of applications.
36-770-779.02 1970 Session Laws
POLLUTION AIR EMERGENCY PROCEDURES
Orders of the Governor; enforcement of orders; injunction.
36-1719 Cum. Supp.
POLLUTION AIR HEARINGS ON ORDERS TO
ABATE
Effective date of order; request for hearing; notice; final orders.
36-782 Cum. Supp.
POLLUTION AIR INJUNCTIVE RELIEF
Violations of order of abatement.
36-787 Cum. Supp.
POLLUTION AIR LIMITATIONS OF LAWS
Jurisdiction over pollution solely within commercial or industrial
plants; reasons between employers and employees; prior rules;
normal farm cultural practices.
36-790 Cum. Supp.
Jurisdiction over pollution solely within commercial or industrial
plants; relations between employers and employees.
36-1718 Cum. Supp.
14
POLLUTION AIR POLICY
Findings; intent.
36-770 Cum. Supp.
POLLUTION AIR POWERS OF STATE
Pollution control districts; measure emissions; standards;
investigations; hearings; comprehensive plan; voluntary co-
operation; local jurisdiction; reports.
36-1705 Cum. Supp.
POLLUTION AIR RULES AND REGULATIONS
Criteria for rules; hearing; limitations.
36-779 Cum. Supp.
POLLUTION AIR RULES BY BOARD OF HEARING
Setting of standards; public hearing, enforcement; misdemeanor.
36-1707 Cum. Supp.
POLLUTION AIR SPECIAL INSPECTION WARRANTS
TO INVESTIGATE
Authorization; emergency circumstances; warrant form.
36-780.01 Cum. Supp.
POLLUTION AIR STATE AND COUNTY CONTROL
Original jurisdiction and control by State; county jurisdiction.
36-1706 Cum. Supp.
POLLUTION AIR STUDY BY DEPARTMENT OF
HEALTH
Request for study by counties; expenses; facilities.
36-772 Cum. Supp.
POLLUTION AIR VIOLATION
Misdemeanor.
36-1720 and 36-789.01 Cum. Supp.
POLLUTION WATER AUTHORITY OF GAME AND
FISH COMMISSION TO BRING SUIT AGAINST
PARTY
Authorization.
17-237
POLLUTION WATER INJUNCTION
Authorization; appeal; violation; penalty.
36-1864 Cum. Supp.
POLLUTION WATER INVESTIGATIONS INTO
Right of entry; access to records; requirements for maintenance of
records.
36-1863 Cum. Supp.
POLLUTION WATER PROHIBITION
Pollution of State waters; waste discharge; irrigation and drainage
water.
36-1858 Cum. Supp.
PROPERTY SALE BY MUNICIPALITIES
Authorization; advertising bids; publication.
9-402
-------
ARIZONA
PROPERTY CONDEMNATION BOARD CREATION
Appointment; powers and duties; condemnation procedure.
41-561
PUBLIC UTILITIES PUBLIC POLICY
Competing service when adequate service exists; eminent domain;
cities acquiring public utilities within or without its boundaries;
granting of franchises.
9-516 Cum. Supp.
ROADWAY DISPOSAL OF GLASS
Immediate removal required.
28-898
SANITARY DISTRICTS APPOINTMENT OF BOARD
OF DIRECTORS
Board; qualifications; term; appointment; election; com-
pensation; expenses.
36-1309 Cum. Supp.
SLAUGHTERHOUSES
Definitions.
24-961
SLAUGHTERHOUSES CONSTRUCTION AND
REMODELING
Approval of plans required.
24-621.11
SLAUGHTERHOUSES LICENSE
Required; inspection; assignment of number.
24-621.06
SLAUGHTERHOUSES MIXING OF ANIMALS
Prohibition.
24-621.12
SLAUGHTERHOUSES WITH STATE MEAT
INSPECTION SERVICE REQUIREMENTS
Minimum sanitary requirements.
24-621.10
SLAUGHTERHOUSES WITHOUT STATE MEAT
INSPECTION SERVICE INSPECTION
Required; revocation of license.
24-621.07
SLAUGHTERHOUSES WITHOUT STATE MEAT
INSPECTION SERVICE REQUIREMENTS
Minimum sanitary requirements.
24-621.09
SURPLUS PROPERTY SALE LEASE OR EXCHANGE
OF TO FEDERAL GOVERNMENT
Authorization; notice of sale; authorization of certain sales by
voters.
9-405
SWINE PERMIT TO REMOVE FROM PREMISES
Applicable only to operations involving less than 50 swine, which
is exempt from garbage cooking requirements; permit application
procedure; separation of garbage - fed swine from other swine;
inspection; affidavit.
24-946
TRASH AND BUILDINGS REMOVAL OF BY CUT
Owner compelled to remove; violations a misdemeanor; removal
by city; cost of removal; assessment.
9-499 Cum. Supp.
UNCLAIMED VEHICLES
Definition.
28-1401
VEHICLES ABANDONED AND SEIZED REPORT OF
REQUIRED
Required of officer; 60-day limit; disposal.
28.1402
VEHICLES ABANDONED IN STORAGE REPORT OF
REQUIRED
30 Day limit; garagekeeper required; disposal.
28.1403
VETERINARIAN STATE RIGHT OF ENTRY
Authorization; condemnation of diseased animals.
24-742
WASTE DISPOSAL PRACTICES PERMITS
REQUIRED
Disposal systems; increase in waste discharge; establishments
discharging waste; new outlets for waste.
36-1859 Cum. Supp.
WATER QUALITY CONTROL COUNCIL
COMPLIANCE WITH ORDERS OF
Orders must specify reasonable time limit.
36-1861 Cum. Supp.
WATER QUALITY STANDARDS HEARINGS TO
ADOPT
Notices; hearings; an order of council final only after hearings.
36-1860 Cum. Supp.
WATER QUALITY STANDARDS POWER OF
COUNCIL TO SET
Criteria for standards; limitations.
36-1857 Cum. Supp.
WRECKER
Definition.
28-1301
ZONING ORDINANCES
Adoption; hearings required; limitations.
9-462 Cum. Supp.
15
-------
-------
ARKANSAS
ANIMALS SLAUGHTER FOR PURPOSES OTHER
THAN HUMAN CONSUMPTION
The slaughter, preparation, and handling of meat or meat food
products of animals of the equine genus must be conducted
entirely separate from that of cattle, sheep, swine, or goats.
82-962
ANIMALS DEAD BURNING OF DEAD HOGS
It shall be the duty of anyone exercising control over a dead hog to
immediately burn the carcass of said animal.
78-416
ASSEMBLY PUBLIC INSPECTION OF ALL
LOCATIONS OF ASSEMBLY BY DIRECTOR OF STATE
POLICE
If an unsafe or hazardous condition is found to exist, the owner
shall be notified to abate the condition and an injunction may be
obtained if no correction is made.
82-816
AUTOMOBILE GRAVEYARDS
Unlawful within one-half mile of a paved highway.
76-130
ANIMALS DEAD CREMATION
The owner or person exercising control over the dead animal has
the duty to immediately cremate it.
78-415
ANIMALS DEAD DISPOSAL OF HOGS WHICH
HAVE DIED FROM HOG CHOLERA
The owner must dispose of carcass under the supervision of a
representative of the Livestock Sanitary Board of the Livestock
and Poultry Commission.
78-444
ANIMALS DEAD PENALTY FOR DEPOSITING IN
WATERS
Any violator shal! be guilty of a misdemeanor and subject to a fine
of not less than $10 nor more than $50.
41-3301
ANIMALS DEAD PENALTY FOR FAILURE TO
DISPOSE
A violator shall be guilty of a misdemeanor and subject to a fine of
not less than $10 nor more than $50.
78-417
ANIMALS STOCK PENALTY FOR MUTILATION OR
DISPOSITION OF WHEN KILLED BY A RAILROAD
COMPANY
Anyone connected with a railroad company who shall be caught
during such activity without first notifying two citizens of the
neighborhood whose duty it shall be to preserve the animal shall
be guilty of a misdemeanor and subject to a fine of not less than
$25 nor more than $500.
73-1102
AUTOMOBILE GRAVEYARDS DEFINITION
Words defined are automobile graveyard and person.
76-129
AUTOMOBILE GRAVEYARDS PENALTY FOR
FAILURE OR REFUSAL TO REMOVE
Anyone who fails to remove the automobiles within four months
shall be fined $100 per day until provision complied with.
76-133
AUTOMOBILE GRAVEYARDS RESPONSIBILITY OF
PROPERTY OWNER
Where an abandoned graveyard, not operated as a business, exists
within one-half mile of a paved highway, the owner of land shall
be responsible for its removal.
76-132
AUTOMOBILE GRAVEYARDS UNLAWFUL WITHIN
ONE-HALF MILE OF A PAVED HIGHWAY EXCEPTION
Removal is not required where the wrecking yard or graveyard is
being actively operated as a going business.
76-131
BOARD OF HEALTH STATE APPOINTMENT
Eleven members are appointed by the Governor: seven physicians,
a dentist, a nurse, a pharmacist, and an engineer.
82-101
BOARD OF HEALTH STATE PENALTY FOR
VIOLATIONS
Anyone violating provisions of § § 21-243 through 21-246 shall be
guilty of a misdemeanor.
27-247
-------
ARKANSAS
BOARD OF HEALTH STATE POWERS AND DUTIES
It shall administer and enforce all laws and regulations relating to
marine toilets and disposal of sewage from boats.
21-246
BOARD OF IMPROVEMENTS CONSTRUCTION OF
IMPROVEMENTS
The Board has the power to advertise for and accept or reject
proposals, require bonds of contractors, appoint agents to carry on
the work, buy all necessary material and implements, and make all
contracts in the prosecution of the work.
20-311
BOARD OF IMPROVEMENTS CONSOLIDATED WATER
AND LIGHT DISTRICTS CONSTRUCTION OF
IMPROVEMENTS UNDER CONTROL OF
The Board may advertise for proposals for doing any work by
contracts and may accept or reject any proposals.
20-534
BODIES HUMAN DISPOSAL AFTER USE FOR
MEDICAL SCIENCE
University of Arkansas School of Medicine shall dispose the body
according to law or turn over the remains to a member of the
family of the deceased for burial.
82-405.7
BODIES HUMAN DISPOSAL OF UNCLAIMED BODY
WHEN UNSUITABLE FOR ANATOMICAL RESEARCH
The person having control of the said body shall be notified and
the body then disposed of in accoi dance with existing laws.
82-405.2
BODIES HUMAN PENALTY FOR OPENING GRAVE,
THE REMOVAL OF A BODY FROM A GRAVE, OR
THE PURCHASING OF A BODY
Persons convicted of any of the above shall be fined not less than
$100 nor more than $1000 or be imprisoned for a term not less
than one year nor more than twenty-one years or both.
41-3704
BODIES HUMAN POWER OF CITIES AND TOWNS
TO REGULATE BURIAL
A violation of the regulations may result in fines and penalties.
Any body interred contrary to the regulations may be taken up
and reburied according to the regulations.
19-2323
BODIES HUMAN POWER TO REQUIRE BURIAL OR
UNDER CERTAIN CIRCUMSTANCES DISINTERMENT
AND REBURIAL OUTSIDE CITY LIMITS
Cities of the first and second class and incorporated towns have
the power to prohibit burial of the dead within their limits.
19-2324
BODIES HUMAN REMOVAL FROM GRAVE
Any person who shall remove a dead body for an unlawful
purpose shall be guilty of a felony.
41-3701
18
BODIES HUMAN REMOVAL FROM GRAVE
EXCEPTION
Provisions of this chapter, sepulture and remains of the dead, do
not extend to the case of bodies executed under the criminal laws
of this State.
41-3705
BODIES HUMAN UNLAWFUL TO BURY OUTSIDE A
REGISTERED CEMETARY
Persons in charge of each cemetry must keep a record of each
body buried therein and each month forward a complete list of all
burials to State Board of Health.
82-403
BUILDING HEALTH OFFICERS AUTHORIZED TO
INSPECT
The State Health Officer or his agents shall have free entry to
places wherein any meat of any animal of the equine genus may be
found for the purpose of inspection and to determine whether or
not any provision of the Act (Sec. 82-958 through 82-966) is being
violated.
82-960
BUILDING POWER OF CITIES OF THE FIRST
CLASS TO REGULATE CONSTRUCTION
A permit must be obtained by anyone wishing to erect a house or
structure within the city limits and no permit shall be issued where
such building would be unsafe, unsanitary, obnoxious, or
detrimental to the public welfare.
19-2802
BUILDING COUNTY ALTERATION AND
PRESERVATION
The County Court has the power to alter, repair, or rebuild any
county building and to take such measures as shall be necessary to
preserve all county buildings from waste or damage.
77-9/6
BUILDING COUNTY REPLACEMENT OR REPAIR OF
DESTROYED
Where speedy and prompt action is required, the county judge
may hold a special term of county court for the purpose of taking
such action.
17-917
CEMETERIES UNLAWFUL AND PENALTY FOR
PLACING DEBRIS OR DISTURBING MARKER
Anyone who violates this provision shall be guilty of a
misdemeanor and subject to a fine of not less than $10 nor more
than $100.
41-3713, 41-3714
CITIES PASSAGE OF ORDINANCE NECESSARY FOR
CONDEMNATION
The City Council by two-thirds majority must approve such
ordinance ordering condemnation.
19-2307
CITIES FIRST CLASS ADDITIONAL POWERS
Such cities may regulate the use of, prevent the obstruction of, and
-------
ARKANSAS
build and maintain sidewalks, streets, alleys, avenues, parks,
wharves, and other public grounds.
19-2304
CITIES SECOND CLASS ADDITIONAL POWERS
Such cities may regulate the use of, prevent the obstruction of and
build and maintain sidewalks, streets, alleys, avenues, parks,
wharves, and other public grounds.
19-2305
COUNTY PLAN PURPOSES
The Plan shail be made to guide and accomplish a coordinated,
efficient, and economic development of the county.
17-1104
COUNTY PLANNING BOARD ADOPTION AND
ENFORCEMENT OF THE OFFICIAL PLAN
The Board may adopt the plan as a whole or in part as it is
prepared and amend, extend, or add to the plan. After its adoption
no improvements may be made unless certain conditions are met.
17-1105
COUNTY PLANNING BOARD AUTHORITY
FUNCTIONS AND DUTIES
The Board may prepare and adopt an official plan for the physical
development for all or part of unincorporated territory of the
county.
17-1103
COUNTY PLANNING BOARD CONTROL OF THE
SUBDIVISION OF LAND
Where the Board has adopted an official highway plan, the Board
shall have the same authority to control the subdivision of land in
the unincorporated territory as is granted to municipalities.
17-1106
COUNTY PLANNING BOARD CREATION AND
MEMBERSHIP
The County Judge may appoint a board of not less than 5 nor
more than 12 members to 4 year terms and designate a Chairman
for a one year term. This section also includes provisions relating
to vacancies, removal, and compensation.
17-1101
DRAINAGE DISTRICT APPROPRIATION OF LAND
WITHOUT OWNER'S CONSENT FOR CERTAIN
PROJECTS
The owner has a cause of action to recover damages.
35-1108
DRAINAGE DISTRICT AUTHORITY AND POWER OF
STATE HIGHWAY COMMISSION TO GRANT RIGHTS-
OF-WAY FOR DRAINAGE PROJECT ACROSS A
HIGHWAY
If pr.y flood control 01 drainage work is to be constructed upon
highways, the State Highway Commission is authorized to make
contracts for nghts-of-way.
21-8*3
DRAINAGE DISTRICT AUTHORITY OF GOVERNOR
OR SECRETARY OF STATE TO CONVEY RIGHT-OF-
WAY ACROSS STATE LANDS TO
The Governor and Secretary of State are authorized to make and
execute contracts, easements, deeds, or other instruments
conveying to the Board of Directors of any such district rights-of-
way.
21-806
DRAINAGE DISTRICT AUTHORITY OF STATE
HIGHWAY COMMISSION TO ENTER AGREEMENTS
WITH BOARD OF DIRECTORS FOR CONSTRUCTION
OF ANY PROJECT ON OVER OR ACROSS HIGHWAY
If the construction of the flood control and drainage works is to be
constructed over State highways, the State Highway Commission
is authorized to make contracts with the Board of Directors.
21-807
DRAINAGE DISTRICT AUTHORITY TO ACQUIRE
LAND
In order to discharge its obligations under any contract or
agreement made with the United States under §21-804, the Board
of Directors is authorized to acquire land that is declared
necessary by the Chief of Engineers of the US Army for a
drainage project.
21-805
DRAINAGE DISTRICT AUTHORITY TO TAKE
LANDS
The board of directors may take and hold any lands or premises
whatever located either within or without the boundaries of the
district for the construction, operation, and maintenance of levees,
drains, canals, or ditches which may be necessary to protect levees
and adjacent lands from injury,
35-1101
DRAINAGE DISTRICT RIGHTS POWERS AND
PRIVILEGES
Districts organized under § § 21-1001 through 21-1013 shall have
all the rights, powers, and privileges of drainage districts organized
under existing laws
21-1010
DRAINAGE WORKS CONSTRUCTION OF DECLARED
CONDUCIVE TO PUBLIC WELFARE BY STATE
LEGISLATURE
Construction of levees, floodways, reservoirs, flood control or
drainage works is conducive to public welfare.
21-845
DRAINAGE WORKS UNLAWFUL TO OBSTRUCT OR
DAMAGE
A violator shall be guilty of a misdemeanor and shall be subject to
a fine of $ 100 and shall be liable to the drainage district for double
the cost of the conditions correction.
21-565
DRAINS PENALTY FOR OBSTRUCTION
A violator shall be guilty of a misdemeanor and subiect to a fine of
not less than $!0 r.oi more than $500.
21-408
19
-------
ARKANSAS
DRAINS REMOVAL OF OBSTRUCTION
Anyone removing an obstruction has a cause of action against the
party who caused the obstruction for the reasonable cost of the
removal.
21-407
DRAINS UNLAWFUL TO OBSTRUCT WITH TIMBER
OR MATERIAL
It shall be unlawful for anyone to cause any material to enter a
drain which will tend to obstruct the free flow of water therein.
21-406
DRAINS NATURAL PENALTY FOR OBSTRUCTION
A violator shall be guilty of a misdemeanor and subject to a fine of
not less than $10 nor more than $100.
41-4402
EMINENT DOMAIN CONSENT BY STATE TO
RIGHT OF BY THE UNITED STATES
The State consents that the United States or any of its agencies be
enabled to exercize the rights of eminent domain.
21 -808
EMINENT DOMAIN REMEDY OF OWNER FOR
PROPERTY TAKEN
The owner of the property has a right to bring an action in the
circuit court of the county in which the property was located.
35-101
EMINENT DOMAIN RIGHT
Granted to cities and towns on the State line for the purposes of
public buildings, parks and streets.
^ 9-2306
Granted to municipal corporations and to counties for the purpose
of parks boulevards and public buildings.
35-901
FIRE PREVENTION ACT
Title of act.
82-806
FIRE PREVENTION ACT DEFINITIONS
Words defined are fire hazard, premises, building, owner, and
others.
82-807
FORT SMITH CESSION OF JURISDICTION OVER
AREAS ENCOMPASSING THE UNITED STATES JAIL
AND HOSPITAL AND THE NATIONAL CEMETRY TO
THE UNITED STATES
The jurisdiction of the State is ceded to the United States
encompassing the United States jail and hospital and the national
cemetery.
10-1119
FORT SMITH CESSION OF JURISDICTION OVER
BLOCK 514 WITHIN THE ABANDONED MILITARY
RESERVATION TO THE UNITED STATES
The jurisdiction of the State over block 514 in the military
reservation addition tc Fort Smith is ceded to the United States.
10-1118
20
GARBAGE DISPOSAL ON HIGHWAYS, PRIVATE OR
PUBLIC PROPERTY
Unlawful to place, deposit, or dump any garbage, cans, bottles,
papers, etc., in or upon any public or private highway, public park,
certain private properties.
41-4207
GARBAGE PENALTY FOR DEPOSITING ON
HIGHWAYS PRIVATE OR PUBLIC PROPERTY
A violator shall be guilty of a misdemeanor and subject to a fine of
not less than $100 nor more than $200.
41-4209
HEALTH PLANNING AGENCY STATE CREATION
It shall be the official agency of the State to administer and
supervise comprehensive health planning functions.
82-2301
HELENA CESSION OF JURISDICTION TO THE
UNITED STATES FOR THE SITE OF A PUBLIC
BUILDING
The State consents to the purchase by the United States of a site
for a public building and cedes to the United States exclusive
jurisdiction over any lot.
10-1115
HIGHWAY MEMORIAL PENALTY FOR FAILURE TO
SCREEN WRECKAGE NEAR
A violator shall be fined $5 for each day he fails to comply with
provision to screen wreckage from view of those passing along the
highway.
41-2116
HIGHWAY MEMORIAL PROHIBITION OF
WRECKAGE NEAR
Anyone storing wreckage within 200 yards of a memorial highway
must screen such wreckage from those passing by along the
highway.
41-2115
HIGHWAYS ACQUISITION OF LAND FOR
BEAUTIFICATION
The State Highway Commission is authorized to acquire and
improve strips of land to enhance the scenic beauty within and
adjacent to State and Federal-aid highways.
76-2527
HIGHWAYS OBSTRUCTION
A violator shall be guilty of a misdemeanor and subject to a fine
not exceeding $ 100.
41-2119
HIGHWAYS REMOVAL OF OBSTRUCTION
It shall be the duty of the overseer of the road district to cause
such obstructions to be removed and any damage repaired.
76-1022
-------
ARKANSAS
HOT SPRINGS MOUNTAIN CESSION OF
JURISDICTION OVER TO THE UNITED STATES
Exclusive jurisdiction over Hot Springs Mountain is ceded to the
United States.
10-1123
HOT SPRINGS NATIONAL PARK CESSION OF
JURISDICTION OVER
Automobile tourists camps within to the United States.
70-7/25
of, and may purchase, or construct any improvement or faculty
and may employ all necessary personnel.
20-705
IMPROVEMENT DISTRICTS PURPOSE FOR WHICH
SUCH DISTRICTS MAY BE ORGANIZED
Some purposes are to purchase or construct a waterworks system,
a sewage collection system and treatment plant, recreational
facilities, gas pipelines, telephone lines, etc.
20-704
HOT SPRINGS NATIONAL PARKCESSION OF
JURISDICTION OVER BLOCK EIGHTY TWO
WITHIN TO THE UNITED STATES
Exclusive jurisdiction over block 82 of Hot Springs Reservation is
ceded to the United States.
70-7724
HOT SPRINGS NATURAL PARK CESSION OF
JURISDICTION TO THE UNITED STATES OVER ALL
LAND NOT PREVIOUSLY SO CEDED
Exclusive jurisdiction over lands in Hot Springs National Park is
ceded to the United States.
70-7726
HOUSING AUTHORITY AUTHORITY TO ACQUIRE
REAL PROPERTY
An Authority that is authorized to carry on urban renewal or
redevelopment activities in connection with an urban renewal
project may acquire real property in the urban renewal area.
19-3063.11
IMPROVEMENT DISTRICT AUTHORITY OF THE
BOARD
Improvement to acquire real estate and grant nghts-of-way over
all properties.
20-605
IMPROVEMENT DISTRICT MUNICIPAL WATER
ELECTION AND AUTHORITY OF THE BOARD
DIRECTORS
Ten or more property owners of a district with a population of not
less than 9000 nor more than 12000 may petition the City Council
to call an election for the purpose of electing a Board of Directors
who shall have full control and supervision of improvements.
20-141
IMPROVEMENT DISTRICT RURAL ROAD AND STREET
PLANS FOR IMPROVEMENTS
The Commissioners of such district shall form plans for the
improvement. They may employ personnel as necessary and
appoint an assessor to determine the benefits which will accrue to
the real property within the district from the making of the
improvement.
20-1204
IMPROVEMENT DISTRICTS PLANS FOR
IMPROVEMENTS
The Commissioners of an improvement district may accept the gift
IMPROVEMENT DISTRICTS CONSOLIDATED WATER
AND LIGHT RIGHT OF EMINENT DOMAIN
CONFERRED UPON TO SECURE LANDS NECESSARY
FOR THE CONSTRUCTION OF IMPROVEMENTS
Right of eminent domain is conferred upon consolidated districts
for the purpose of securing any lands or nghts-of-way needed in
making improvements.
20-538
IMPROVEMENT DISTRICTS LEVEE AND FLOOD
CONTROL PROCEDURES; EXERCISE OF EMINENT
DOMAIN BY
The Circuit Judge of any county may appoint 3 resident land
owners of the district as a Board of Appraisers to assess damages
for the appropriation of land for projects.
20-336
IMPROVEMENT DISTRICTS MUNICIPAL GENERAL
LAWS APPLICABLE TO
Except as otherwise provided in § § 20-501 through 20-539, the
general laws relating to improvement districts and towns shall
govern.
20-559
IMPROVEMENT DISTRICTS MUNICIPAL HEARING
ON PETITION
The governing body shall meet and hear all owners of real
property within the proposed district who desire to be heard and
then determine whether the petition has been signed by a majority
in assessed value of real property owners.
20-705 Cum Supp.
IMPROVEMENT DISTRICTS MUNICIPAL
PROCEDURE TO ESTABLISH
To establish such a district it is necessary for a majority in value of
real property owners in the proposed district to file a petition with
the clerk and a special meeting of the governing body shall be
called for the purpose of hearing said petition.
20-704 Cum. Supp.
IMPROVEMENT DISTRICTS RIVER PROCEDURE TO
ESTABLISH
It is necessary for 10 or more owners of real property within the
area embraced by the project set forth by the United States
Congress to petition the Circuit Court to establish such district
and for the Circuit Court to hold a hearing to determine if an
order to establish such a district should be issued.
21-1001
21
-------
ARKANSAS
IMPROVEMENT DISTRICTS RURAL ROAD AND
STREET PETITION FOR FORMATION
A two-thirds majority in value, acreage, or number of land owners
in a proposed district may petition the County Court to establish
such a district.
20-1201
IMPROVEMENT DISTRICTS RURAL ROAD AND
STREET RIGHT OF EMINENT DOMAIN
CONFERRED UPON
All districts shall have the right of eminent domain in order that
they may carry out the purpose of their creation.
20-1223
IMPROVEMENT RIVER STATE CONSENTS TO
ACQUISITION BY THE UNITED STATE OF LANDS
FOR
The consent of the State is given to the acquisition by the United
States by purchase or condemnation with compensation of such
lands as may be needed for the construction of dams, hydro-
electric power plants, flood control.
10-1103
ISLANDS METHOD OF PURCHASING
A prospective purchaser must file an application with the
Commissioner of State Lands.
10-602
ISLANDS THOSE IN NAVIGABLE WATERS
DECLARED PROPERTY OF THE STATE
All those islands to form in navigable waters following the
admission of the State into the Union are declared to be the
property of the State.
10-601
JOINT PLANNING COMMISSION POWERS AND
DUTIES
The Commission shall prepare plans for the municipality, make or
receive proposals for development, recommend ordinances,
counsel the city government, conduct comprehensive studies,
prepare the planning area map, implement plans, etc.
79-2527
JOINT PLANNING COMMISSION PURPOSE
The purpose of the Commission shall be tc make those studies and
plans for the development of the metropolitan area that will guide
the unified development of the area, will eliminate planning
duplications, and promote economy and efficiency.
79-2527
JUNKYARDS AGREEMENTS WITH UNITED STATES
FOR CONTROL
The State Highway Commission is authorized to enter agreements
with the United States Secretary of Transportation to control
junkyards adjacent to Federal highways.
76-2575
JUNKYARDS CONTROL
Junkyards may not be established or operated within 1000 feet of
22
the nearest right-of-way of any Interstate or State Highway unless
it is screened from visibility on the main travelway.
76-2515 Cum. Supp
JUNKYARDS CONTROL OF DECLARATION OF
POLICY
The General Assembly declares that outdoor junkyards in areas
adjacent to certain highways should be controlled in the public
interest.
76-2513
JUNKYARDS DEFINITIONS
Words defined are junk, automobile graveyard, and junkyard.
76-2574
JUNKYARDS ENFORCEMENT OF LAWS
Those junkyards which do not conform to the requirements of § §
76-2513 through 76-2519 are public nuisances and the State
Highway Commission may seek appropriate remedies for their
abatement.
76-2579 Cum. Supp.
JUNKYARDS ESTABLISHMENTS WITHIN
RESTRICTED AREA
Junkyards are permitted where the area is zoned industrial, where
the State Highway Commission and the United States Secretary of
Transportation agree, or within other areas where effectively
screened from visibility of the mam travelway.
76-2516 Cum. Supp.
JUNKYARDS JUST COMPENSATION FOR
SCREENING OR REMOVAL
Where the State Highway Commission determines that the
topography of the land will not permit adequate screening or
screening would not be economically feasible, then just
compensation shall be paid for relocation, removal, or disposal.
76-2577 Cum. Supp
LAND SALE OF LOTS BLOCKS DIVISIONS AND
SMALL ACREAGE TRACTS
All those plots forfeited to the State for the nonpayment of taxes
shall be subject to private sale by the Commissioner of State
Lands.
70-902
LAND SALE OF UNIMPROVED LOTS OR BLOCKS
THAT HAVE BEEN THROWN BACK INTO ACREAGE
The holder of legal title to any parcel of such unimproved lands at
the time of forfeiture for nonpayment of taxes, or any other person
desiring to purchase same on presentation of an application shall
be entitled to purchase said lands.
10-903
LAND SALE OF WHERE TOWNSHIP HAS NO
INHABITANTS
Any adult inhabitant of the county may by written petition
accompanied by his affidavit and those of three other adult
inhabitants require the collector of taxes, or in the absence of, the
sheriff to sell the same.
70-702
-------
ARKANSAS
LAND COMMISSIONER STATE ADDITIONAL
DUTIES
The Commissioner may enter agreements with the United States
to secure greater cooperation, may conduct investigations
pursuant to the purposes of the Name of Act, and to assign lands
to other State agencies for administration.
10-402
LAND FARM AND GRAZING LEGISLATIVE POLICY
Such lands of the State are among its basic assets and the
preservation of these assets is necessary to protect and promote
the health, safety, and general welfare of its people.
9-902
LAND FOREST AUTHORITY GIVEN TO UNITED
STATES TO ACQUIRE
The State consents to the acquisition by the United States of such
lands as it deems needed for the establishment, consolidation, and
extension of National Forests in the State.
10-1105
LAND STATE AUTHORITY OF STATE PARKS
COMMISSION TO SELL OR EXCHANGE LANDS FOR
THE PURPOSE OF ACQUIRING OTHER LANDS FOR
STATE PARK PURPOSES
The State Parks Commission is given authority to exchange and
sell any lands belonging to the State for State park purposes.
9-607
LAND STATE POLICY
It is declared that such lands should be protected and classified so
that they are best used in the interests of the future general welfare
and agricultural well being of the State.
10-401
LAND SUBMARGINED AUTHORITY FOR STATE
LAND COMMISSIONER TO CONVEY LANDS TO THE
UNITED STATES FOR A SUBMARG1NAL LAND
PROJECT
The State Land Commissioner is authorized to grant and convey
to the United States sub-marginal land project
10-1112
LAND SWAMP AND OVERFLOWED APPLICATION
FOR PURCHASE
The Commissioner of State Lands may deny the application for
purchase if he determines that the said lands are wild and
unimproved.
10-802
LAND SWAMP AND OVERFLOWED AUTHORITY OF
COMMISSIONER OF STATE LANDS TO SELL
The Commissioner of State Lands shall have full power and
authority to seil swamp and overflowed lands.
10-301
LITTLE ROCK CESSION OF JURISDICTION OF
SITE FOR A PUBLIC BUILDING TO THE UNITED
STATES
The State consents to the purchase by the United States of a site
for public buildings, and cedes jurisdiction to the United States
over any lot within the city of Little Rock not exceeding 300 feet
square.
10-1114
MOTOR VEHICLE DEALERS AND WRECKERS
SHALL BE LICENSED
This section embraces a dealer in motor vehicles, trailers, and used
parts or accessories and the dismantling of any such vehicle for
resale of the parts thereof.
75-165
MOTOR VEHICLE OWNER OF DISMANTLING OR
WRECKING SUCH MUST RETURN EVIDENCE OF
REGISTRATION TO THE DEPARTMENT
Any owner dismantling or wrecking any registered vehicle shall
immediately forward to the department the certificate of title and
registration certificate last issued for such vehicle.
75-75*
MOTOR VEHICLE SALE TO BE DISMANTLED
The owner must assign the certificate of title to a purchaser who
must deliver such certificate to the department with an application
for a permit to dismantle said vehicle.
75-/5P
MUNICIPAL CORPORATIONS AUTHORITY TO OWN
REAL AND PERSONAL PROPERTY
Municipal corporations are authorized and empowered to acquire
and hold real estate, tenements, and hereditaments, and such
property, real and personal, as is necessary for the administration
of its affairs.
19-2309
MUNICIPAL CORPORATIONS POWER OF EMINENT
DOMAIN FOR CONSTRUCTION OF WHARVES,
LEVEES, PARKS, AND FOR OTHER LAWFUL
PURPOSES
Right and power of eminent domain is conferred upon municipal
corporations for the construction of wharves, levees, parks, or
other lawful purposes.
35-902
MUNICIPAL CORPORATIONS POWER TO
ESTABLISH AND IMPROVE
Municipal corporations shall have power to establish and improve
streets, public grounds, wharves, landing places, sewers, and
drains and assess adjacent property owners for the purpose of
defraying their cost.
19-2313
MUNICIPAL CORPORATIONS POWER TO
REGULATE CONSTRUCTION, ALTERATION, AND
REPAIR OF BUILDINGS
They have the power to regulate, to guard against accidents by
fire, to require use of fireproof materials, and to provide for the
removal of buildings erected contrary to such prohibition.
19-2801
MUNICIPAL CORPORATIONS PURCHASE, LEASE
AND SALE OF REAL AND PERSONAL PROPERTY
Municipal Corporations are empowered and authorized to buy,
23
-------
ARKANSAS
sell, convey, lease, rent or let any real estate or personal property
owned or controlled by such Municipal Corporations.
19-2310
MUNICIPALITIES AUTHORITY TO ENTER UPON
PROPERTY
For the purposes of making investigations, surveys, tests, and
measurements, a municipality by its agents may enter upon
property, but it shall be liable for any damage resulting from such
entry.
35-909
PLANNING AND DEVELOPMENT DISTRICTS
DESIGNATION
The General Assembly recognizes the boundaries of eight such
districts.
9-325 Cum. Supp.
PLANNING AND DEVELOPMENT ORGANIZATIONS
MULTI-COUNTY PURPOSE
Such organization is to promote economic developments to assist
local governments and private organizations in obtaining Federal
loans, and to prepare comprehensive regional plans for economic
development and to improve government services.
9-324 Cum. Supp.
PLANNING COMMISSION ADDITIONAL
AUTHORITY
The Commission has the authority to receive and expend moneys,
contract and be contracted with, and such other actions that it
shall deem necessary and proper to carry out the purposes and
intent of § § 9-306 through 9-318.
9-317 Cum. Supp.
PLANNING COMMISSION CREATION AND
PURPOSE
The health, safety, and welfare of the people of the State may best
be promoted through effective planning and the adoption of
broadscale development plans and policies State-wide in scope.
9-306 Cum. Supp.
PLANNING COMMISSION POWERS AND DUTIES
The Commission has the duty to assist local communities in the
river basins of the State to develop plans for harbors and ports,
counsel and co-operate with counties and municipalities and
private and public nonprofit organizations in the planning and
formulation of economic and other development programs, and
co-operate with Federal agencies in the development of Federal
public works.
9-316 Cum. Supp.
POLLUTION AIR APPLICATION OF PROVISIONS
All provisions of § § 82-1901 through 82-1909 relating to water
pollution shall apply to § § 82-1931 through 82-1943 mless
manifestly inconsistent therewith.
82-1940 Cum. Supp.
24
POLLUTION AIR POLITICAL SUBDIVISIONS
FORBIDDEN TO LEGISLATE
The State preempts the field of control and abatement of air
pollution to avoid conflicting and overlapping jurisdiction.
82-1941 Cum. Supp.
POLLUTION AIR PURPOSE OF ACT
It is the purpose of § § 82-1901 through 82-1909 and § 82-1931
through 82-1943 to safeguard the air resources of the State by
controlling and abating air pollution and to prevent new air
pollution.
82-1932 Cum. Supp.
POLLUTION AIR STATE POLICY
It is declared to be the public policy of the State to maintain such
a reasonable degree of purity of the air resources of the State to
the end that the least possible injury should be done to human,
plant, or animal life or to property.
82-1931 Cum Supp.
POLLUTION AIR UNLAWFUL ACTS
It shall constitute a misdemeanor to knowingly cause air pollution,
to construct or operate any source capable of emitting air
contaminants without a permit, or to violate any rule, regulation,
or order of the Commission.
82-1938 Cum. Supp.
POLLUTION AIR VARIANCES
The Commission may grant specific variances from the particular
requirements of any rule, regulation, or general order upon such
conditions as it may deem necessary to protect the public health
and welfare.
82-1939 Cum. Su.pp
POLLUTION AIR AND WATER VIOLATION OF ACT
AS MISDEMEANOR
Violation of the Water and Air Pollution Act or of any rule or
regulation adopted by the Pollution Control Commission shall be
a misdemeanor.
82-1909(a) Cum Supp.
POLLUTION CONTROL COMMISSION AUTHORITY
TO CO-OPERATE WITH THE AGENCY OF ANOTHER
STATE OR THE UNITED STATES
The Commission may accept money or property and enter into
agreements relative to controlling pollution.
82-1907 Cum. Supp.
POLLUTION CONTROL COMMISSION CREATION
The Commission shall be composed of eight members who shall
hold four regular meetings per year. A Director shall be appointed
to conduct investigations and prepare reports.
82-1903 Cum. Supp.
POLLUTION CONTROL COMMISSION HEARINGS
Wherever the Commission has reasonable grounds to believe thai
there has been a violation of the Water and Air Pollution Control
Act or any order, rule, or regulation of the Commission, it may
give written notice to the alleged violator specifying the causes of
the complaint and hold a hearing thereon.
82-1906 Supp.
-------
ARKANSAS
POLLUTION CONTROL COMMISSION POWERS
AND DUTIES WITH REGARD TO AIR
The Commission shall develop and effectuate a comprehensive
program for the prevention and control of all sources of pollution
of the air of the State.
82-1935 Cum. Supp,
POLLUTION CONTROL COMMISSION POWERS
AND DUTIES WITH REGARD TO WATER POLLUTION
The Commission shall administer and enforce all laws and
regulations relating to the pollution of any waters of the State.
82-1904 Cum. Supp.
PORT AUTHORITY AUTHORITY TO EXCHANGE
PROPERTY FOR OTHER PROPERTY
The Authority may exchange any property acquired for other
property usable in carrying out the power hereby conferred.
19-2724
PORT AUTHORITY AUTHORITY TO TRANSFER
PROPERTY TO THE UNITED STATES
The Authority is authorized to assign, transfer, lease, convey,
grant or donate to the United States any or all of the property of
the Authority.
/ 9-2 725
POLLUTION STREAM ACTIONS DECLARED A
PUBLIC NUISANCE
It is unlawful to pollute any waters of the state unless a written
permit has been acquired for the deposition of certain wastes.
47-808
PORT AUTHORITY POWERS
The Authority may acquire, construct, or operate any wharves,
docks, piers, etc, act as a body corporate, rent, acquire, and
dispose of both real and personal property.
19-2 722
POLLUTION WATER ACTIONS CAUSING
DECLARED A PUBLIC NUISANCE
It is unlawful to cause the pollution of water unless a written
permit has been obtained from the Pollution Control Commission
for the depositing of certain wastes into the water.
82-1908
POLLUTION WATER INDUSTRIAL STREAMS
The Game and Fish Commission has the power to control waste
disposal, set pollution standards, and institute court actions.
47-801
POLLUTION WATER INJUNCTION AND
ABATEMENT
Pollution of any waters in violation of the Water and Air Pollution
Control Act or of any order or regulation adopted by the Pollution
Control Commission shall constitute a public nuisance and may
be enjoined and abated.
82-1909(b) Cum. Supp
POLLUTION WATER PENALTY FOR POISONING
LAKE OR STREAM
A violator shall be guilty of a misdemeanor and subject to a fine of
not less than $100 nor more than $500.
41-4405
POLLUTION WATER PETITION FOR ABATEMENT
Authorization for qualified residents to petition Fish and Game
Commission to investigate and abate water pollution.
47-811
POLLUTION WATER PROCEDURE IN FINDING
POLLUTION
The Fish and Game Commission shall investigate and proceed
against anyone found guilty of polluting.
47-813
PORT AUTHORITY
Right of eminent domain conferred upon.
19-2723
PORT AUTHORITY PURPOSES OF AS
INSTRUMENTALITY OF CITY OR TOWN
It may be created by ordinance to engage in developing harbors,
ports, river-rail terminals, or barge terminals.
19-2721
PROPERTY SURPLUS UNITED STATES
Authority for cities or towns to acquire such property whether
located within or without the corporate limits.
19-3072
PUBLIC HEALTH AND SAFETY ANNEXATION
Qualified jurisdictions have authority to expand essential services
by annexation of contiguous territory.
19-308
RAILROAD CARS PENALTY FOR OBSTRUCTION OF
PASSAGE
It is unlawful to place objects in the tracks or to destroy any part
thereof with the intent to obstruct the passage of cars thereon.
Anyone convicted of this offense may be imprisoned for a period
not exceeding twenty years.
73-1107
RAILROADS PENALTY FOR IMPERILING LIFE BY
UNLAWFUL ACTS UPON
A violator shall be punished by imprisonment of not more than
twenty years.
73-1108
REAL PROPERTY STATE AUTHORIZES THE
PURCHASE BY THE UNITED STATES AND CEDES
The State consents to the purchase by the United States of any site
or ground for the erection of any public buildings.
10-1101
ROADS PRIVATE PENALTY FOR OBSTRUCTION
A violator shall be guilty of a misdemeanor and subject to a fine
not in excels of $50.
76-112
25
-------
ARKANSAS
RURAL DEVELOPMENT AUTHORITIES
COOPERATION
Any two or more may cooperate with one another in the exercise
of any or all of their powers with regard to a development project.
20-1412
RURAL DEVELOPMENT AUTHORITIES CREATION
One such public body is created in each county of this State but it
shall not exercise any powers until the County Court shall declare
at any time its need for an authority to function in such county.
20-1404
RURAL DEVELOPMENT AUTHORITIES CREATION
OF CONCLUSIVE
In any proceeding involving the validity of any regulation or
contract, the authority shall be conclusively deemed to have
become established upon proof of its compliance with § 20-1404.
20-1405
RURAL DEVELOPMENT AUTHORITIES POWERS
An Authority shall constitute a public body corporate, exercising
public and essential government functions, and having all the
powers necessary or convenient to carry out the purposes and
provisions of § § 20-1401 through 20-1423.
20-1411
SALVAGE PROPERTY AFLOAT
If property is found afloat on any watercourse in this State and the
value does not exceed $100, the taker up of such property shall be
entitled to not exceeding one-fourth part thereof for taking up and
securing such property.
21-313
own and operate a sewage collection system and/or sewage
treatment plant and to issue revenue bonds to pay the cost of such
works.
19-4101
SEWAGE DISPOSAL AUTHORITY FOR CITIES OF
THE FIRST CLASS TO ACQUIRE SEWAGE PLANTS
AND SYSTEMS FROM IMPROVEMENT DISTRICTS
Every city of the first class is authorized to acquire sewerage
systems and plants from Sewer Improvement Districts upon
payment of the outstanding bonded indebtedness.
19-4123
SEWAGE DISPOSAL AUTHORITY FOR CITIES OF
THE FIRST CLASS TO OPERATE SEWAGE PLANTS
AND SYSTEMS ACQUIRED FROM IMPROVEMENT
DISTRICTS
Where sewerage system and plant have been acquired it may be
operated by such city or town in the manner provided by Statute.
19-4124
SEWAGE DISPOSAL DEFINITIONS
Words defined are Boat, Marine toilets, Waters of the State, and
Sewage.
21-243
SEWAGE DISPOSAL OBLIGATIONS OF
OPERATIONS OF SUCH SYSTEM
Operators must furnish information to and permit examinations
and surveys by the Pollution Control Commission.
82-1905 Cum Supp.
SALVAGE RAFTS
A person taking up and securing a raft shall, on the owners claim
of same, be entitled to not exceeding twenty percentum on the
value thereof.
21 -308
SANITARY BOARD CREATION
The Municipal Council may provide by ordinance that the
operation of a sewage disposal system shall be under ihe
supervision and control of a Sanitary Board.
19-4115
SEWAGE DISPOSAL
Authority for construction or acquisition of sewage disposal
system and plant and for issuance or sale of bonds to finance it.
19-4121
SEWAGE DISPOSAL AUTHORITY FOR ANY CITY
OR TOWN TO CONTRACT TOGETHER WITH
ANOTHER CITY OR TOWN FOR
Any city or town operating a sewage collection system is
authorized to contract with other cities or towns.
19-4116
SEWAGE DISPOSAL AUTHORITY FOR CITIES AND
TOWNS TO OWN, ACQUIRE, EQUIP, OR CONSTRUCT
A PLANT AND SYSTEM
Every city or town in the State is authorized and empowered to
26
SEWAGE DISPOSAL RIGHT EMINENT DOMAIN
CONFERRED ON CITIES AND TOWNS
Every city or town shall have power to condemn any such works
to be acquired, and any land, rights and easements, real or
personal deemed necessary or convenient for the construction or
any such works.
/ 9-4105
SEWER COMMITTEE APPOINTMENT
The Municipal Council shall appoint a Committee for the
supervision of the sewage disposal plant and system.
19-4102
SEWER COMMITTEE DUTIES AND POWERS
The Committee shall have the power to take all steps and
pioceedings and to make and enter into ail contracts or
agreements necessary or incidental to the performance of its duties
and the execution of its powers under § § 19-4101 through 19-
4122.
19-4103
SLAUGHTERHOUSES OPERATED IN COMPLIANCE
WITH REGULATIONS
Any slaughterhouse engaged in the slaughtering of animals of the
equine genus and the preparing of the meat or meat food products
from for transportation or sale in commerce and which are
capable of being used as food for human consumption, shall be
-------
ARKANSAS
operated in compliance with requirements of § § 82-958 through
82-966 and regulations of the State Board of Health.
82-961
SOIL AND WATER CONSERVATION COMMISSION
POWERS AND DUTIES WITH REGARD TO SOIL
CONSERVATION
The Commission may enter negotiations with the authorized
representatives of adjoining states relating to the protection and
use of interstate waters and with the consent of the U.S. Congress
enter into written compacts.
9-128 Cum. Supp
SOIL AND WATER CONSERVATION COMMISSION
POWERS AND DUTIES WITH REGARD TO WATER
CONSERVATION
The Commission shall be responible for the proper distribution
and allocation of water stored in the ownership of the State and
shall approve a reasonable method of delivery and measurement
of water sold from storage.
21-1321
TRASH PENALTY FOR DEPOSITING ON THE
PREMISES OR PROPETY OF ANOTHER
A violator shall be guilty of a misdemeanor and subject to a fine of
not less than $10 nor more than $500.
41-4206
TRASH UNLAWFUL TO DEPOSIT ON PUBLIC
HIGHWAYS
It shall be unlawful for any person to throw, place or deposit any
paper, trash, refuse or garbage upon the public highways or
highway nghts-of-way.
41-2117
TRASH UNLAWFUL TO DEPOSIT ON THE LAND
OF ANOTHER OR TO SUFFER TRASH TO BE
DUMPED WITHIN A QUARTER MILE OF CHURCH
OR SCHOOL
A violator shall be subject to a fine of not less than $25 nor more
than $500.
41-4243
STOCKYARDS PENALTY FOR FAILURE TO
FOLLOW PROVISIONS FOR CONTROL OF
CONTAGIOUS DISEASES
A violator shall be guilty of a misdemeanor.
78-448
STOCKYARDS SANITATION
Stockyards shall be maintained in a reasonably sanitary condition.
When a diseased condition exists, it must be disinfected in
accordance with Federal regulations under the supervision of a
veterinarian or a representative of the Livestock Sanitary Board.
78-446
STREAM PRESERVATION COMMITTEE CREATION
The Committee shall consist of sixteen members to be appointed
by the Governor for four year terms.
9-1201 Cum Supp.
STREAM PRESERVATION COMMITTEE DUTIES
The Committee shall designate selected high quality streams as yet
relatively unaltered, evaluate such streams, and prepare rec-
ommendations for preservation for presentation to the Governor
and the General Assembly.
9-1203 Cum. Supp.
TEXARKANA CONSENT TO PURCHASE BUILDING
SITE IN AND CESSION OF JURISDICTION OVER TO
THE UNITED STATES
The State consents to the purchase by the United States of a site
for a public building and cedes exclusivejunsdiction over any lot
within the city of Texarkaaa not exceeding 360 feei square
10-1116
TRASH UNLAWFUL TO DEPOSIT ON THE
PREMISES OR PROPERTY OF ANOTHER
Unlawful to place, deposit, or dump any trash on the premises or
property of another.
41-4205
URBAN RENEWAL ASSISTANCE BY MUNICIPALITY
AND OTHER PUBLIC BODIES
Any municipality or other public body is authorized to aid and
cooperate in the planning and undertaking of an urban renewal
project
19-30635
URBAN RENEWAL AUTHORITY OF MUNICIPALITY
TO ADOPT POWERS
In any municipality where a housing authority has not been
established, or a housing authority is established but such housing
authority has not undertaken an urban renewal project, the
municipality may elect 10 have the same powers with respect to
urban renewal that are conferred on a housing authority.
19-3063.7
URBAN RENEWAL HOUSING AUTHORITY
EMPOWERED TO PLAN AND UNDERTAKE THE
ELIMINATION OF BLIGHTED AREAS
An Authority is authorized to plan and undertake urban renewal
projects.
19-3063.2
TRASH PENALTY FOR DEPOSITING ON PUBLIC
HIGHWAYS
A violator shall be guilty of a misdemeanor and subject to a fine of
not less than $10 nor more than $100
41-2119
URBAN RENEWAL POWERS OF HOUSING
AUTHORITY WITH RESPECT TO
An Authority shall have all the powers necessary or convenient to
undertake and carry out urban renewal plans and projects.
19-3063.4
27
-------
ARKANSAS
URBAN RENEWAL PROJECTS SHALL BE
UNDERTAKEN IN ACCORDANCE WITH AN URBAN
RENEWAL PLAN
The plan shall conform to the general plan for the community as a
whole and shall include extensive specific relevant data.
19-3063.3
URBAN RENEWAL WORKABLE PROGRAM
The governing body of the municipality is authorized to prepare a
workable program for utilizing private and public resources to
eliminate slums and urban blight and deterioration.
19-3063.6
URBAN RENEWAL AGENCY CREATION
Such agency is created in each municipality where on January 10,
1961 a Housing Authority had not been established or where such
Housing Authority has not undertaken an urban renewal project.
19-3063.8
WATER AND AIR POLLUTION CONTROL ACT
DEFINITIONS
Words defined are air contaminant, air pollution, air con-
tamination source, air cleaning device, etc.
82-1933
WATER AND AIR POLLUTION CONTROL ACT OF
ARKANSAS
Title of act.
82-1901
WATER CONSERVATION COMMISSION
DECLARATION OF POLICY
Since there is an excess of surface water during the rainy season,
the State is to encourage and to provide methods for conserving
surplus water for use during seasons when the supply is
inadequate.
21-1301
WATER DEVELOPMENT PROJECT DEFINITIONS
Words defined are Commission and Water Development Project.
21-1317
WATER DISTRICT ANNEXATION OF ADDITIONAL
TERRITORY
Annexation is accomplished by petition to the Circuit Court in
which such water d/itnct was established.
21-1413
WATER DISTRICT PETITION TO ESTABLISH
When the United States has enacted a law authorizing the
construction of a reservoir by Federal agencies or with Federal
assistance, one hundred or more qualified voters residing or
owning land situated within the district may petition the Circuit
Court.
21-1404
WATER DISTRICT POWERS
The district may borrow money and otherwise contract
indebtedness.
21-1408
28
WATER PLAN ARKANSAS DEVELOPMENT AND
MANAGEMENT OF THE STATE'S WATER
RESOURCES
The Soil and Water Conservation Commission has the duty to
prepare, develop, and engage in a comprehensive program.
21-1318
WATER POLLUTION CONTROL COMMISSION
AUTHORITY TO COOPERATE WITH AN AGENCY OF
ANOTHER STATE OR THE UNITED STATES
The Commission may assist and co-operate with any agency of
another State or the United States in any matter relating to water
pollution control.
47-807
WATER POLLUTION CONTROL COMMISSION
CREATION
The Commission shall be composed of eight members nominated
by specified State agencies and the Governor to serve six year
terms.
47-803
WATER POLLUTION CONTROL COMMISSION
HEARING
Whenever the Commissioner determines that there are reasonable
grounds to believe that there has been a violation of § § 47-802
through 47-810 or any other rule or regulation of the Commission,
a notice shall be given to the violator to correct the condition
complained of or to appear before the Commission to answer the
complaint.
47-806
WATER POLLUTION CONTROL COMMISSION
POWERS AND DUTIES
The Commission shall administer and enforce all laws and
regulations relating to the pollution of any waters of the State,
conduct investigations and surveys, and establish pollution
standards.
47-804
WATERWAYS COMMISSION ARKANSAS DUTIES
The Commission shall promote the development of navigable
streams, river ports, and harbor facilities for water transportation
purposes.
21-1702
WATERWORKS SYSTEM MUNICIPAL
CONSTRUCTION OR ACQUISITION
Municipal corporations shall have the power to provide a supply
of water, to regulate the same, to prevent unnecessary waste of
water, and to prevent pollution of the water.
19-2317
WATERWORKS SYSTEM MUNICIPAL RIGHT TO
EXERCISE EMINENT DOMAIN TO ACQUIRE
PROPERTY
A municipality operating a waterworks system shall have the right
to acquire any property useful for municipal walei works purpose
by eminent domain proceedings.
35-908
-------
ARKANSAS
ZONING REGULATION BY CITIES, DECLARATION along a navigable stream for a distance of five miles of the
OF PURPOSE corporate limits and two miles laterally from the thread of the
It is hereby declared that the beauty of surroundings constitutes a stream.
valuable property right which should be protected by law. 19-2804.2 Cum. Supp.
19-2804
ZONING AUTHORITY-OUTSIDE CORPORATE LIMITS
ZONING AUTHORITY OUTSIDE CORPORATE Nonexistent outside the corporate limits of first and second class
LIMITS EXCEPTION cities and incorporated towns.
They may exercise zoning authority with respect 10 territory lying 19-2804.1 Cum. Supp.
29
-------
CALIFORNIA
ANIMALS DEAD DUTY TO CREMATE OR BURY
Duty to cremate or bury animal dying of cantagious disease.
32 § 2795
ANIMALS DEAD UNAUTHORIZED DESTRUCTION
Prohibition against destroying carcasses or offal near mu-
nicipality, except in authorized crematory; penalty.
Health and Safety 4303
ANIMALS DISEASED WILD DESTRUCTION
Destruction of diseased wild animals, quarantine; return to owner.
Health and Safety 25,994.3 Cum Supp.
BALLAST THROWING OVERBOARD
Prohibition against throwing ballast overboard or obstructing
harbor.
Harbors and Navigation 132
BOARD OF PUBLIC HEALTH STATE MEMBERS
POWERS AND DUTIES
Members of State Board of Public Health; powers and duties;
adoption of rules and regulations; issuance of licenses and
permits.
Health and Safety 102
BURNING DEFINITIONS
Combustion of flammable solid waste:
Flue;
Open outdoor fire;
Person;
Solid waste dump;
Agricultural burning.
Health and Safely 39295, 1970 Session Laws
CITIES ABATEMENT OF WEEDS
Authority for cities to abate weeds; seasonal and recurrent
nuisances.
Gov't 39562.2 1970 Session Laws
CITIES ACQUISITION OF GARBAGE DISPOSAL
SITES
Authority of cities to acquire land for garbage disposal sites;
garbage defined.
Gov't. 38790
COMMUNITY SERVICES DISTRICT POWERS
Includes collection, treatment and disposal of garbage, refuse and
wastes.
Gov't 61600
COUNTY ACQUISITION OF DISPOSAL FACILITIES
Authority of board of supervisors to acquire, construct, operate
dump sites, incinerators or other disposal plants for garbage and
rubbish; use by other governmental agencies; regulations;
restriction of use of facilities.
Gov't 25820-25829
DEBRIS ACCUMULATIONS IN WATER
Prohibitions of big jams or debris accumulations which will
prevent passage of fish or be deleterious to same.
Fish and Game 5948
DEPARTMENT OF PUBLIC HEALTH STATE
EXISTENCE
Existence of State Department of Public Health consisting of State
Board of Public Health and State Director of Public Health.
Health and Safety 100-101 and 100-101 Cum. Supp.
DISPOSAL FACILITIES ACQUISITION OF
PROPERTY
Power of board to acquire property, including by condemnation.
Gov't. 25822
DISPOSAL FACILITIES CAMPING FEES
Fee for campers using State land to be used to construct sanitary
facilities.
Gov't. 25826
DISPOSAL FACILITIES LEASE TO PUBLIC
CORPORATION
Authority of municipalities to lease sewage disposal facilities to
other governmental authorities.
Gov't 37392.1
DISPOSAL FACILITIES PURCHASE OUTSIDE
COUNTY
State law not limit city or county from acquiring dump site,
incinerator or disposal plant.
Gov't 25824
DREDGING APPLICATION FOR PERMIT
Permit required to use vacuum or suction dredge equipment in
waters of State; application: penalties.
Fish and Game 5653 Cum. Supp.
DUMP TRUCK CARRIERS PERMIT
Application for permit; fee.
Public Utilities 3612 1970 Session Laws
31
-------
CALIFORNIA
EMINENT DOMAIN DEFINITION
GARBAGE VESSEL AND AIRCRAFT
Eminent domain defined as the right of the people or government Requirement of retaining garbage in containers if proper means
to take private property for public use.
Code Civil Proc. 1237
EMINENT DOMAIN POWER
Power of eminent domain by governmental entities; compensation
for.
Const. Art. I, Sec. 14
for incineration or processing are not available aboard vessel or
aircraft.
Agricultural Code 16101
GARBAGE VESSEL AND AIRCRAFT DEFINITIONS
GARBAGE VESSEL AND AIRCRAFT CONTAINERS
Prohibition against retaining garbage on vehicles except in tightly
closed containers.
Agricultural Code 16152
EMINENT DOMAIN PREREQUISITES FOR USE OF
POWER
Use must be authorized by law; taking must be necessary to such Aircraft'
use; if already a public use, new public use must be more Food stores-
Garbage;
Territorial waters of California;
Vessel.
Agricultural Code 16002-16006
necessary.
Code Civil Proc. 1241
EMINENT DOMAIN USES FOR WHICH RIGHT MAY
BE EXERCISED
Power of eminent domain may be used for sewerage systems, slum
clearance and landfills.
Code Civil Proc. 1238
ENVIRONMENTAL QUALITY ACT
Policy; State agencies, boards and commissions; local agencies.
Public Resources 21000 1970 Session Laws
ENVIRONMENTALLY HARMFUL MATERIAL
DEFINITION
Definition of environment.
Agricultural Code 14101 Cum. Supp.
ENVIRONMENTALLY HARMFUL MATERIAL
PROHIBITION OR REGULATION OF USE
Power of Director to prohibit or regulate use of environmentally
harmful materials.
Agricultural Code 14102 Cum. Supp.
EXPLOSIVES SAFE DISPOSAL
Prohibition against abandoning explosives so as to create danger
to life or property.
Health and Safety 12087 Cum. Supp.
FIRE ESCAPING
Liability for damages by person allowing fire to escape
Health and Safety 13007, 13008
FIRE LIABILITY
Penalty for negligently causing a fire by throwing a cigarette,
cigar, ashes, etc.
Health and Safety 13000, 13001 Cum Supp.
FIRE OUTDOOR
Prohibition against igniting an outdoor fire; definition of outdoor
fire; exceptions.
Health and Safety 24361-24361.2 Cum. Supp.
GARBAGE DEFINITION
Enumeration of objects defined as garbage.
Health and Safety 4400
32
GARBAGE VESSEL AND AIRCRAFT VIOLATIONS
Prohibition against disposing of garbage from vessel or aircraft or
other vehicle; exceptions.
Agricultural Code 16151
GARBAGE AGRICULTURAL DEFINITION
Defined to include animal wastes and offal from carcasses.
Agricultural Code 10901
GARBAGE AND REFUSE DISPOSAL CONTRACTS
Power of board of supervisors to contract for disposal of garbage
and refuse; advertisement for bids.
Health and Safety 4121
GARBAGE AND REFUSE DISPOSAL DISTRICT
Claims against district; manner of alteration and annexation of
boundaries of district.
Health and Safety 4185 1 and 4187 Cum. Supp.
GARBAGE AND REFUSE DISPOSAL DISTRICT
BOARD OF DIRECTORS
When appointment of board required; minimum number of
members; manner of appointment; filling of vacancy; residence of
appointee.
Health and Safety 4179
GARBAGE AND REFUSE DISPOSAL DISTRICT
BONDS
Issuance; submission to electors; resolution; election procedures;
levy of tax for payment.
Health and Safety 4186-4186.21
GARBAGE AND REFUSE DISPOSAL DISTRICT
DEFINITION
Definition of district.
Health and Safely 4170
GARBAGE AND REFUSE DISPOSAL DISTRICT
FORMATION
Formation of contiguous county portions into districts; inclusion
-------
CALIFORNIA
of city territory; consent; vote required;' resolution; hearing;
notice; objections.
Health and Safety 4171-4178, 4178.5 Cum. Supp.
GARBAGE AND REFUSE DISPOSAL DISTRICT
FRANCHISE
Power of county or city to franchise or contract for the collection
and disposal of garbage and refuse.
Health and Safety 4201, 4250
GARBAGE AND REFUSE DISPOSAL DISTRICTS
TAXATION
Estimate of requirements during fiscal year; inclusion of cash-
basis fund; collection; payment into county treasury; levy; rate;
cash-basis fund.
Health and Safety 4181-4885, 4181-4182 Cum. Supp.
GARBAGE AND REFUSE DUMPS CONSENT OF
SUPERVISORS
Requirement of consent of city council or board of supervisors to
acquire and operate a dump or site for disposal of garbage and
refuse.
Health and Safety 4260
GARBAGE COLLECTION TAX LEVY
Authority of board of supervisors of counties to collect or contract
for collection of garbage and refuse; tax levy.
Health and Safety 25827
GARBAGE DISPOSAL POWER OF COMMUNITY
SERVICES DISTRICTS
Power of district to collect, treat and dispose of garbage, refuse
and other wastes.
Gov't. 61600
GARBAGE DISPOSAL DISTRICT
Formation, administration and powers; taxation; claims; con-
tracts; procedures.
Health and Safety 4105-4130
GARBAGE FEEDING TO SWINE HEATING OR
TREATMENT
Requirement to heat or properly treat garbage prior to feeding to
swine.
Agricultural Code 10952
GARBAGE FEEDING TO SWINE INSPECTION OF
EQUIPMENT
Power of director to enter premises where garbage fed to swine to
examine equipment for processing garbage; order to cease
operation.
Agricultural Code 10922
GARBAGE FEEDING TO SWINE UNPROCESSED
Prohibition against feeding unprocessed garbage to swine.
Agricultural Code 10951
HIGHWAYS DEPOSITING OFFENSIVE MATTER
Prohibition against dumping garbage, refuse, offal, trash or
rubbish on highways or roads; penalty; reward for information.
Penal Code 374a, b
HIGHWAYS DUMPING
Prohibition against dumping trash or refuse on highway.
Streets and Highways 23112
HIGHWAYS JUNKYARDS ADJACENT TO
Regulation and screening of junkyards adjacent to highways;
removal or relocation; zoning limitations.
Streets and Highways 749, 750, 758, 759 1970 Session Laws
HIGHWAYS LITTERING
Prohibition against throwing refuse, trash, rock or dirt on
highways; penalty.
Vehicle Code 23112 1970 Session Laws
HIGHWAYS REMOVAL OF INJURIOUS MATERIAL
Requirement to remove injurious material dropped on highway.
Streets and Highways 23113
HIGHWAYS SPILLING LOADS
Prohibition of driving vehicles on highways unless constructed or
loaded to prevent contents from spilling.
Streets and Highways 23114
HUMBOLDT BAY THROWING SAWDUST
Prohibition against throwing sawdust, slak or refuse lumber in any
place that carries to Humboldt Bay; penalty.
Harbors and Navigation 134
INFLAMMABLE MATERIALS FROM FOREST
PRODUCTS DISPOSAL
Requirement of processor of forest products to dispose of
inflammable materials; accumulations of waste material; removal;
public nuisance; separate offenses.
Public Resources 4165
INFLAMMABLE MATTER CLEARING FROM LAND
Authority of Board to clear lands of fire protection districts of dry
grass, weeds, rubbish, litter or other inflammable material.
Health and Safety 14442 and 14462
INJUNCTION GENERAL
Cases in which injunction may or may not be granted.
Code Civil Proc. 526
GARBAGE FEEDING TO SWINE LICENSES
Annual license requirement; application; fee; renewal; penalty for
late fee; rights of licensee; grounds for refusal, revocation or
suspension; exemptions; city or county licenses.
Agricultural Code 10981-10990
INJUNCTION STATE DEPARTMENT OF PUBLIC
HEALTH
Power of State Department Public Health to enjoin nuisances;
enforce rules and regulations.
Health and Safety 205
33
-------
CALIFORNIA
JUNK DEFINITION
Defines:
Junk;
Junk dealer;
Junkyard.
Agricultural Code 21600-21602
JUNK DEALERS RECORDS
Requirement for junk dealers to keep written records; contents of
records.
Agricultural Code 21604-21606
JUNKYARDS DEFINITIONS
Defines:
Junk;
Automobile graveyard;
Junkyard;
Scrap metal processing facility;
Automobile dismantling facility.
Streets and Highways 746
JUNKYARDS ADJACENT TO HIGHWAYS
Restrictions and requirements; distance from highways; screen-
ing; relocation; removal or disposal of nonconforming yards;
compensation to owners; penalties.
Streets and Highways 750, 754 and 755
MEAT DISEASED CONFLICT WITH FEDERAL
REGULATIONS
State regulations not to conflict with Federal regulations which
pertain to garbage derived from meat from a county in which
animals are infected with certain diseases.
Agricultural Code 16051
MUNICIPAL OPERATION OR REGULATION OF
PUBLIC WORKS
Power of municipal corporations to operate or regulate public
works.
Const. Art. 11, Sec. 19
MUNICIPALITIES PUBLIC HEALTH
Cities shall protect public health including regulation of sanitary
matters; enforcement of orders.
Health and Safety 500 and 504
NAVIGABLE WATERS OIL SLUDGE
Prohibition against discharging oil sludge into navigable waters.
Harbors and Navigation 133
NUISANCE ABATEMENT DOES NOT PRECLUDE
ACTION
Abatement of nuisance does not prejudice right to recover for
damages.
Civil Code 3484
NUISANCE DEFINITIONS
General definition of what constitutes a nuisance;
Public nuisance;
Private nuisance.
Civil Code 3479-3481
34
NUISANCE EXCEPTION
Acts done under express authority of statute not nuisances.
Civil Code 3482
NUISANCE MANURE
Prohibition against manure or animal matter being a nuisance.
Agricultural Code 33773
NUISANCE SUCCESSIVE OWNERS
Successive owners of property neglecting to abate continuing
nuisance liable same as one who created nuisance.
Civil Code 3483
NUISANCE PUBLIC ABATEMENT
Power of Public Health Administration to abate public nuisances;
action by district attorney; disposition by court.
Health and Safety 206, Agricultural Code 12643-12644
NUISANCE PUBLIC ADULTERATED OR INJURIOUS
SUBSTANCES
-Adulterated or injurious articles are public nuisances.
Agricultural Code 14702
NUISANCE PUBLIC LAPSE OF TIME
No lapse of time can legalize a public nuisance.
Civil Code 3490
NUISANCE PUBLIC PRODUCE WITH EXCESS
SPRAY RESIDUE
Any lot of produce with excess spray residue is public nuisance
and subject to disposal.
Agricultural Code 12642
PESTICIDES CONTROL AND REGULATION
Authority of director to control and regulate use of injurious
pesticides; definition of injurious.
Agricultural Code 14001 Cum. Supp.
POLLUTION AIR AGRICULTURAL BURNING
Board to determine when agricultural burning not permitted
within each basin; permit requirement; penalty; rules and
regulations authorized; guidlmes.
Health and Safety 39298, 29299 1970 Session Laws
POLLUTION AIR BAY AREA CONTROL DISTRICT
Legislative policy, definitions, creation of district, powers and
duties, control officer, advisory council, hearing board, en-
forcement, rules and regulations, variances, procedure.
Health and Safely 24345-24374, 24345-24374 Cum. Supp.
POLLUTION AIR BURNING EXCEPTIONS
Exceptions include certain agricultural burning; burning of wastes
of single or two family dwelling; certain public solid waste dumps
in underpopulated areas.
Health and Safety 39297 1970 Session Laws
POLLUTION AIR BURNING PROHIBITIONS
Prohibition against open fires for disposal of petroleum wastes,
demolition debris, tires, tar, trees, wood wastes, or other
-------
CALIFORNIA
combustible or flammable solid or liquid wastes; or for metal
salvage or burning of automobile bodies; penalty; injunction.
Health and Safety 39296 1970 Session Laws
POLLUTION AIR CONTROL OFFICER RIGHT OF
ENTRY
Right of air pollution control officer to enter buildings except
residences.
Health and Safety 24246
POLLUTION AIR COORDINATED BASINWIDE AIR
POLLUTION CONTROL PLANS
Creation of air pollution control districts and a Basmwide Air
Pollution Control Coordinating Council; establishment of control
plans.
Health and Safely 39270-39275 1970 Session Laws
POLLUTION AIR CREATION AND FUNCTIONING
OF DISTRICTS
Declaration of policy, creation of, powers of district, officers,
prohibitions, rules and regulations, variances, procedure, unified
air pollution control districts.
Health and Safety 24198-24341, 24198-24341 Cum. Supp.
POLLUTION AIR SHADE AND OPACITY OF AIR
CONTAMINANTS
Standards for shade and opacity of air contaminants discharged
into atmosphere.
Health and Safety 24242
POLLUTION AIR TEST PROCEDURES MEASURED
BY RINGELMANN CHART
Requirement of test procedures to measure compliance with
nonvehicular emission standards; prescribes opacity standard of
No. 2 on Ringelmann Chart for nonvehicular sources.
Health and Safety 24224 el seq 1970 Session Laws
POLLUTION CONTROL BOARD STATE CREATION,
MEMBERSHIP, TERMS, VACANCIES
Requirement of proper facilities to store and dispose of waste
materials; food waste disposals must be connected to sewerage
systems; food waste must be stored in proper containers and
removed as frequently as necessary not to create a nuisance.
Health and Safety 28565-28568
POLLUTION WATER DEPOSITING RUBBISH
Prohibition against depositing rubbish, filth or obstruction in
canal, ditch, flume or reservoir.
Penal Code 592
POLLUTION AIR DISCHARGE OF AIR
CONTAMINANTS CAUSING INJURY
Prohibition against discharging air contaminants causing injury to
public health or welfare.
Health and Safety 24243
POLLUTION AIR EMISSION STANDARDS
NONVEHICULAR SOURCES
Requirement that local and regional districts establish by January
1, 1972, emission standards for lead compounds emitted from
nonvehicular sources.
Health and Safety 39078 1970 Session Laws
POLLUTION AIR ENFORCEMENT OF ORDERS OF
ABATEMENT
Hearings by air pollution control board; finding of violation;
order for abatement; penalties.
Health and Safety 24260.5, 24354 15, 39260-39263 1970 Session
Laws
POLLUTION AIR RECOMMENDATIONS FOR
AMBIENT AIR QUALITY STANDARDS
State Department of Public Health shall submit to State Air
Resources Board recommendations for ambient air quality
standards.
Health and Safety 425 Cum. Supp.
POLLUTION AIR RIGHT OF LOCAL LANDS TO SET
STRICTER STANDARDS
Local or regional authorities may set stricter standards than State
for nonvehicular sources but may not completely ban all
agricultural burning.
Health and Safety 39057 1970 Session Laws
POLLUTION WATER FISH AND GAME
DEPARTMENT
Department to report pollution to regional water pollution control
board and cooperate with such board.
Fish and Game 5651
POLLUTION WATER GARBAGE IN NAVIGABLE
WATERS
Prohibition against dumping garbage in navigable waters; penalty.
Health and Safety 4401
POLLUTION WATER MINING OPERATIONS
Limitations on mining operations in Trinity and Klamath River
Fish and Game District; public nuisance; abatement.
Fish and Game 5800
POLLUTION WATER PROHIBITIONS AND
RESTRICTIONS
Prohibition against depositing in waters of State coal or oil tar,
solid refuse from industrial works, sawdust, shavings, slabs,
edgings, factory refuse, lime or slag, etc.
Fish and Game 5650
POLLUTION WATER REMOVAL OF POLLUTING
SUBSTANCES
Additional penalty for pollution may be requirement of removal
of polluting substances or paying costs of removal.
Fish and Game 12015
POLLUTION WATER UNLAWFUL TO DEPOSIT
REFUSE
Prohibition against depositing cans, bottles, garbage, rubbish,
animal viscera or carcass in or near waters of State; enforcement;
exceptions.
Fish and Game 5652 Cum. Supp.
35
-------
CALIFORNIA
POLLUTION WATER AND ICE
Public Health Department shall examine and may prevent
pollution of water and ice.
Health and Safety 203
RESTAURANTS ITINERANT WASTE CONTAINERS
Waste containers for storage of garbage shall be in sanitary
condition.
Health and Safety 28613
RADIOACTIVE MATERIAL IMPOUNDING
Authority of department in emergency to impound sources of
ionizing radiation; decontamination.
Health and Safety 25860 and 25861 Cum. Supp.
RADIOACTIVE MATERIAL INJUNCTION
Power of department to bring action to enjoin disposal of
radioactive material.
Health and Safety 25605 Cum. Supp.
RADIOACTIVE MATERIAL POLICY
Policy to control radiation by programs administered by State
Department of Public Health.
Health and Safety 25600 Cum. Supp
RADIOACTIVE MATERIAL TRANSPORTATION
Radioactive materials defined; regulations for transportation;
enforcement; violation.
Health and Safety 25650-25654 Cum. Supp.
RADIOACTIVE WASTES DEFINITIONS
Defines:
Department;
Environment;
Field tracer study;
Person;
Radiation;
Radioactive material;
Radioactive waste;
Significant;
Radiological monitoring.
Health and Safety 25600.5 Cum. Supp.
RADIOACTIVE WASTES DISPOSAL
Prohibition against disposing radioactive wastes in State;
exceptions; storage; appeal of order
Health and Safety 25601-25604 Cum. Supp.
RADIOACTIVE WASTES DUMPING
Notice given by person in charge of vessel dumping radioactive
waste materials in ocean; permission; statement of place of
dumping.
Health and Safety 4403.5 Cum. Supp.
REFUSE CREMATION
Regulation of cremation of refuse; contamination of atmosphere
forbidden; penalty.
Health and Safely 4300-4302
RESTAURANTS WASTE CONTAINERS
Waste containers used for storing garbage shall be in sanitary
condition.
Health and Safety 28568
36
RESTAURANTS ITINERANT WASTE DISPOSAL
Requirement of facilities to dispose of waste material; food waste
disposals to be connected to public sewerage system or private
sewerage disposal system; storage of wastes must be in tight,
sanitary containers.
Health and Safety 28610-13
ROADSIDE RESTS LITTERING
Unlawful to litter a safety roadside rest; unlawful to put home
refuse in receptacles at roadside rests; penalty.
Streets and Highways 224
RUBBISH ACCUMULATION NEAR FIREWORKS
Prohibition against permitting fire nuisances near fireworks.
Health and Safety 12760
RUBBISH VEHICLES
Regulation of rubbish vehicles; covering to prevent spilling;
exceptions.
Vehicle Code 23115
SANITARIANS CERTIFICATION
Definition of sanitarian; certification;
tablishment of minimum standards.
Health and Safety 540-542
qualifications; es-
SEWAGE LEASE BY CITIES
City may lease sewage and sewage effluent for not to exceed 50
years.
Gov't. 37390
SEWAGE DISPOSAL FACILITIES LEASE BY
MUNICIPALITIES
Authority of municipalities to lease sewage disposal facilities; joint
use.
Gov't. 37392.1
SEWAGE DISPOSAL PLANTS AUTHORITY OF
SUPERVISORS
Power of board of supervisors to construct and operate a sewage
disposal plant; conditions prerequisite; assistance to sanitary or
sewer districts.
Health and Safety 25825
SEWAGE DISPOSAL PLANTS BONDS
Issuance of bonds by local agencies to pay cost of construction or
purchasing right to use.
Gov't. 55112-55115
SEWAGE DISPOSAL WORKS AGREEMENTS
BETWEEN LOCAL AGENCIES CONSTRUCT
Authority of local agency to enter into agreements for joint
construction; ownership or use of sewage disposal works.
Gov't. 55110
-------
CALIFORNIA
SOLID WASTE STUDY OF PROBLEMS BY STATE
Study by Department of Health of solid waste problems of State;
interim report; waste management defined.
Health and Safety 215 Cum. Supp.
SOLID WASTE DISPOSAL FACILITIES LOCAL
PLANNING
Elements of local planning to include solid waste disposal
facilities.
Gov't 65302 1970 Session Laws
WASTES ABATEMENT OF POLLUTION
Peremptory abatement order; injunction proceedings; penalty.
Health and Safety 5410-5445
WASTES DEFINITIONS
Defines:
Waste;
Person;
Waters of the State;
Contamination;
Pollution;
Nuisance;
Regional board.
Health and Safety 5410 Cum. Supp.
WATER QUALITY DEFINITIONS
Defines:
State board;
Regional board;
Person;
Waste;
Waters of the State;
Beneficial uses;
Quality of water;
Water quality objectives;
Water quality control;
Contamination;
Pollution;
Nuisance;
Reclaimed water.
Water Code 13050 Cum. Supp.
WATER QUALITY POLICY
Legislative findings and declarations as to water quality of State.
Water Code 13000 Cum. Supp.
WATER QUALITY RESPONSIBILITY OF
CORPORATIONS SUPPLYING WATER
Corporations supplying water must furnish pure fresh water.
Civil Code 549
WATERS NAVIGABLE OBSTRUCTING
Prohibition of obstructing navigable waters by trees or otherwise;
penalty.
Harbors and Navigation 130-131
WEEDS DEFINITION
Definition of weeds, including dry grass, brush, litter or other
flammable material creating a fire hazard.
Health and Safety 14875 Cum. Supp.
WEEDS AND RUBBISH ABATEMENT
Right to compel owner to remove weeds or rubbish; default by
owner; removal by city officer; expenses lien on property;
ordinance
Gov't. 39501-39502
Power of board of supervisors by ordinance to compel removal of
rubbish and weeds; removal by board; expense as lien.
Health and Safety 14930-14931 1970 Session Laws
WEEDS HAZARDOUS NUISANCE
Weeds defined; abatement; notice to destroy; hearing; order;
expense.
Health and Safety 14875-14902 and 14875 Cum. Supp.
WEEDS NOXIOUS DEFINITION
Includes any species of plant detrimental, destructive and difficult
to control or eradicate.
Agricultural Code 5004
WEEDS NOXIOUS DEPARTMENT OF AGRICULTURE
Duty of department to prevent spread of noxious weeds.
Agricultural Code 403
ZONING PUBLIC NUISANCES
No injunction brought except in cases of public nuisance.
Code Civil Proc 731a
37
-------
-------
COLORADO
AIR POLLUTION CONTROL AMBIENT AIR
STANDARDS
Standards of ambient air quality defining limits of air
contamination.
66-29-4 Cum. Supp.
AIR POLLUTION CONTROL DEFINITIONS
Air pollution;
Incinerator;
Multiple-chamber incinerator;
Open burning.
66-29-3 Cum. Supp.
AIR POLLUTION CONTROL EMERGENCIES
ENDANGERING PUBLIC HEALTH
Power of division to issue written order to discontinue air
pollution; injunctions; state of air pollution emergency.
66-29-9 Cum. Supp.
AIR POLLUTION CONTROL EMISSION STANDARDS
Emission standards in designated areas of the State.
66-29-5 Cum. Supp.
AIR POLLUTION CONTROL LEGISLATIVE
DECLARATION
State policy to maintain reasonable degree of air purity;
authorization of ambient air standards; authority of Department
of Health.
66-29-2 Cum. Supp.
AIR POLLUTION CONTROL LOCAL GOVERNMENT
AUTHORITY
Authority of local governments to enact local air pollution laws;
such laws shall provide for variances, hearings, judicial review and
injunctions consistent with State law.
66-29-6 Cum. Supp.
AIR POLLUTION CONTROL NUISANCES
Emission of air contaminants in excess of emission standards
declared a public nuisance.
66-29-19 Cum. Supp.
AIR POLLUTION CONTROL PENALTIES FOR
VIOLATIONS
Penalty for violation of air pollution standards subject to
variances issued pursuant to Article.
66-29-15 Cum. Supp.
AIR POLLUTION CONTROL POWERS AND DUTIES
OF DIVISION
Designate areas for emission standards; enforcement; designate
air pollution authority; inspection of premises.
66-29-8 Cum. Supp.
AIR POLLUTION CONTROL VARIANCE BOARD
Authority of variance board to suspend operation of any emission
standard.
66-29-7 Cum. Supp.
DISPOSAL DISTRICTS CREATION
Power of county to establish disposal district; public hearing;
plans.
89-11-2
DISPOSAL DISTRICTS LEGISLATURE
DECLARATION
Declaration of legislature as to public use of disposal districts.
89-11-1
DISPOSAL DISTRICTS POWERS
Establish position of county sanitation engineer and employment
of other personnel; contract for collection and disposal of trash,
wastes and garbage; lease or provide areas or dumps for disposal
of wastes; acquire equipment for collection and disposal; adopt
rules and regulations.
89-11-3
DITCH AND RESERVOIR COMPANIES PENALTY
FOR DAMAGE TO PROPERTY
Prohibition against damaging or interfering with property of ditch
and reservoir company; penalty.
31-14-9
LITTER RECEPTACLES
Power of State officials to maintain receptacles for deposit of
litter.
40-18-51 Cum. Supp.
LITTERING DEFINITION
Litter;
Public or private property.
40-18-47 Cum. Supp.
LITTERING ENFORCEMENT
Enforcement of littering provisions by various law enforcement
39
-------
COLORADO
officers including the State patrol and wildlife conservation
officers.
40-18-50 Cum. Supp.
LITTERING EXCEPTIONS TO PROHIBITION
Prohibition against littering in waters or property in State;
exceptions.
40-18-46 Cum. Supp.
LITTERING PRESUMPTION
Presumption that operator of vehicle caused littering if litter
dropped from motor vehicle.
40-18-49 Cum. Supp.
LITTERING VIOLATION PENALTIES
Violation of littering law; penalty; suspension of fine upon
removal of litter.
40-18-48 Cum. Supp.
METROPOLITAN SEWAGE DISPOSAL DISTRICTS
BOARD OF DIRECTORS
Powers of District to be exercised by board of directors;
membership; term; powers of directors; meetings; compensation,
etc.
89-15-5
METROPOLITAN SEWAGE DISPOSAL DISTRICTS
DEFINITIONS
District;
Metropolitan sewage disposal district;
Sewage disposal system;
Disposal;
Industrial wastes;
Pollution;
Sewage.
89-15-2
METROPOLITAN SEWAGE DISPOSAL DISTRICTS
LEGISLATIVE DECLARATION
Declaration of legislature as to public use of metropolitan sewage
disposal districts.
89-15-1
METROPOLITAN SEWAGE DISPOSAL DISTRICTS
ORGANIZATION
Organization of District by enactment of an ordinance; public
hearing; final adoption.
89-15-4
METROPOLITAN SEWAGE DISPOSAL DISTRICTS
POWERS
Powers to condemn property; to operate and maintain sewage
disposal systems; to fix rates and enforce their collection; to
dispose of by-products, etc.
89-15-6
METROPOLITAN SEWAGE DISPOSAL DISTRICTS
PURPOSE BOUNDARIES AND POWERS
Purpose of such districts is to acquire and operate sewage disposal
system; boundaries; power to provide sewer service to inhabitants
of district.
89-15-3
MOTOR VEHICLE TRANSPORTING GARBAGE
Provisions of motor vehicle code apply to motor vehicles used for
transporting ashes, trash, waste, rubbish and garbage.
115-11-2
PEST-RIDDEN MATERIAL DISPOSAL
Power of Department of Agriculture to quarantine and destroy
shipments of plant materials containing pests.
6-180-9
PLANNING STATE
Creation of; director and staff; rules and regulations; advisory
committee; powers and duties.
106-1-1 through 106-1-6
PLANNING COMMISSION COUNTY
Authority of board of county commissioners to appoint a planning
commission; members; compensation; vacancies.
106-2-3
PLANNING COMMISSION REGIONAL
Various governing bodies may cooperate in creation of regional
planning commission; members; expenses; powers.
106-2-4
POLLUTION WATER STREAMS
Prohibition of polluting streams with obnoxious substances;
penalty.
40-12-22
WATER POLLUTION CONTROL COMMISSION
CREATION
Creation of State water pollution control commission; mem-
bership.
66-28-3 Cum. Supp.
WEEDS REMOVAL BY MUNICIPALITIES
Power of municipalities to provide for removal of weeds, brush
and rubbish; assessment of costs.
139-78-3(k) Cum. Supp.
40
-------
CONNECTICUT
AIR POLLUTION CONTROL COMPACT
ORGANIZATION AND POWERS
Control Compact: purpose; title; definitions; findings of fact;
construction; organization and administration; general powers -
abate and prevent air pollution; air quality emissions standards;
enforcement; hearings; penalties; judicial review; powers of
commissioners; general provisions.
19-52 3
ANIMAL CARCASSES DISPOSAL IN WATER
SUPPLY
Disposal of animal carcass in water supply prohibited; fine or
imprisonment.
25-38
ANIMALS INFECTED DISPOSAL
Powers of commissioner to order quarantine, disposal of infected
animals; procedures; reimbursement.
22-283
BOARD OF HEALTH REMOVAL OF REFUSE
POWERS
Board may order removal of refuse by owners of affected
properties.
19-84
BUILDING DISPOSAL OF DEMOLISHED
MATERIALS
Provision for disposal of accumulated materials by demohsher of
buildings.
19-403m
CATTLE DISEASED DISPOSAL
Diseased cattle: tuberculin tests; disposition of reactors; addition
to herds.
22-287 Cum. Supp.
CATTLE IMPORTED DISPOSAL OF DISEASED
Disposal of diseased imported cattle.
22-316
CONNECTICUT RIVER OBSTRUCTION
Purposely obstructing Connecticut River prohibited; penalty.
19-314
DEVELOPMENT COMMISSION DUTIES OF
REGIONAL COUNCILS
Duties to: consider matters concerning health, welfare, safety of
residents; promote cooperative arrangements.
32-7b Cum. Supp.
DEVELOPMENT COMMISSION ECONOMIC AND
PLANNING REGIONS
Provision for planning assistance for districts; development.
32-7 Cum. Supp.
DEVELOPMENT COMMISSION REGIONAL
COUNCILS OF ELECTED OFFICIALS
Establishment of regional councils; membership.
32- 7a Cum. Supp.
EMINENT DOMAIN COUNTIES
Counties may acquire land by eminent domain.
48-2
EMINENT DOMAIN HOUSING AUTHORITIES
Authorities have right to acquire land by eminent domain.
8-50
EMINENT DOMAIN MUNICIPAL CORPORATION
Corporations have right to acquire land by eminent domain;
procedures.
48-6 Cum. Supp.
FIRE HAZARDS ABATEMENT
Determination of fire hazard; issuance of order; abatement;
penalty.
29-53 Cum. Supp.
FIRE HAZARDS ABATEMENT BY MANUFACTURING
ESTABLISHMENTS
Provision for disposal of rubbish, flammable materials in
manufacturing establishments.
29-54a
DEVELOPMENT COMMISSION DUTIES
Duties to: expand and develop industry, agriculture, residential
facilities; assist other agencies.
32-3 Cum. Supp.
GARBAGE POWER OF MUNICIPALITIES TO
REGULATE TRANSPORTATION
Regulations for transportation of garbage; appeal.
7-162
41
-------
CONNECTICUT
GARBAGE TRANSPORTATION AND TREATMENT BY
MUNICIPALITIES
Municipalities may contract to transport, treat, process garbage;
permits; procedures for plant establishment.
7-161
GARBAGE FEEDING TO SWINE DEFINITION
Defines:
Department;
Commissioner;
Person;
Garbage;
Garbage-feeding swine farm.
22-320a
GARBAGE FEEDING TO SWINE HEATING
Regulations for heating of garbage as feed.
22-320b
GARBAGE FEEDING TO SWINE INSPECTION OF
COOKING
Provisions for inspection concerning cooking of garbage.
22-320c Cum. Supp.
GARBAGE FEEDING TO SWINE PENALTY FOR
VIOLATION
Penalties for violation of garbage feeding regulations.
22-320h Cum. Supp.
GARBAGE FEEDING TO SWINE POWER TO
REGULATE
Commissioner has power to promulgate regulations.
22-320J
GARBAGE FEEDING TO SWINE REGISTRATION
Procedure for registration of garbage feeding, swine farm.
22-320c Cum. Supp.
GARBAGE FEEDING TO SWINE REVOCATION OF
REGISTRATION
Provision for suspension, revocation of garbage feeding reg-
istration.
22-320d
GARBAGE HOUSEHOLD FEEDING OF TO SWINE
EXCEPTION
Exeption to regulations for exclusively owners consumption of
swine.
22-320g
HARBOR DUMPING
Dumping of substances other than oyster shell prohibited in
specified harbors.
15-22
HIGHWAYS DISPOSAL OF DEBRIS BRUSH
Disposal of cut brush along highways prohibited; orders to
remove; punishment for violation.
23-46
HIGHWAYS WASTE DISPOSAL BY TOWNS
Authority granted to towns to regulate waste disposal in highways.
7-149
ICE POLLUTION OF SOURCE; NOTICES;
EXCEPTION
Provision for cutting, damaging, polluting ice without permission;
throwing substances into waters from which ice is taken.
25-47
ICE WATER SUPPLY INJUNCTION AGAINST
INJURY
Polluter of ice, water supply may be enjoined from pollution;
procedures; liability; relief.
25-57
INTERSTATE SANITARY COMMISSION NOTICE OF
POLLUTION
Procedures for notice of pollution; public hearings, issuance of
orders.
25-62
INTERSTATE SANITARY COMMISSION
PARTICIPATION IN AIR POLLUTION PROGRAM
Participation of states in pollution program.
25-66a Cum. Supp.
INTERSTATE SANITATION COMMISSION
BOUNDARIES AND JURISDICTIONS
Regulations of commission; orders.
25-59
INTERSTATE SANITATION COMMISSION
COMMISSIONERS
Terms of commissioners; appointment authority; expenses.
25-57 Cum. Supp.
INTERSTATE SANITATION COMMISSION
ENFORCEMENT OF COMPACT
Enforcement of compact; investigations; hearings.
25-60
INTERSTATE SANITATION COMMISSION STUDY
OF SMOKE AND AIR POLLUTION
Approval of study of air pollution; duties.
25-66
HIGHWAYS DIGGING UP OR ENCUMBERING
CONSIDERED NUISANCE
Digging or placing or throwing anything on highways considered
common nuisance; penalty.
19-310
42
INTERSTATE WATER POLLUTION CONTROL
COMMISSION APPOINTMENT OF
COMMISSIONERS
Appointment of commissioners.
25-67
-------
CONNECTICUT
INTERSTATE WATER POLLUTION CONTROL
COMMISSION COMPACT TEXT
Applicable waters; terms and duties of commissioners; establish
water standards; abate pollution; expenses; jurisdiction; orders.
25-68, 25-68 Cum. Supp.
JUNK DEALERS DEFINITION
Defines:
Junk dealer;
Junkyard.
21-9
JUNK DEALERS DISPLAY OF LICENSES
Requirement for display of license.
21-12
JUNK DEALERS EXEMPTIONS
Exemptions to provisions.
21-14
JUNK DEALERS LICENSE AND REPORTS
Procedures for issuance of licenses; record of sales, purchases;
weekly report.
21-11
JUNKYARDS AGREEMENTS WITH SECRETARY OF
COMMERCE
Authority to enter into agreements with Secretary of Commerce of
the United States.
13a-123j Cum. Supp.
JUNKYARDS APPEAL OF ZONING
Right to appeal zoning; procedures.
21-25
JUNKYARDS CERTIFICATE FOR APPROVAL OF
LOCATION
Certificate; license required; public agency.
21-26 Cum. Supp.
JUNKYARDS CERTIFICATE OF APPROVAL
Commissioner empowered to issue certificate.
13-J23e Cum. Supp.
JUNKYARDS EXAMINATION AND LICENSE FEES
Examination and license fees; certification of licensee.
21-18 Cum. Supp.
JUNKYARDS FACILITIES IN INDUSTRIAL ZONE
NOT AFFECTED
Exemption for facilities in industrial zones.
13a-123i Cum. Supp.
JUNKYARDS FENCING
Regulations governing fencing.
21-22a
JUNKYARDS HEARING OF APPLICATION
Procedures for hearings; fees.
21-17 Cum. Supp.
JUNKYARDS NUISANCE ABATEMENT
Declaration of public nuisance; order to abate.
13a-123g Cum. Supp.
JUNKYARDS OTHER PROVISION NOT ABROGATED
Provisions of other statues, ordinances not abrogated.
13a-123h Cum. Supp.
JUNKYARDS PENALTY FOR VIOLATIONS
Penalty; injunctions to restrain violations.
21-26
Penalty for violation of provisions.
21-13
JUNKYARDS POWER OF COMMISSIONERS TO
IMPOSE REGULATIONS
Commissioner may impose conditions concerning establishment,
maintenance of yards.
21-22
JUNKYARDS PUBLICATION OF ORDINANCES
Rules for publication of ordinances.
21-24
JUNKYARDS RECORD OF DISMANTLEMENT
Requirement for records of received and dismantled vehicles.
21-18a
JUNKYARDS REGULATIONS PROMULGATED BY
COMMISSIONER
Commissioner of transportation regulates junkyards, scrap metal
processing facilities.
13a-123d Cum. Supp.
JUNKYARDS RESTRICTED DISTRICTS CREATED
Ordinances creating restricted districts.
21-23
JUNKYARDS REVOCATION OF LICENSE
Revocation of license upon transfer of business.
21-20
JUNKYARDS SCRAP METAL PROCESSORS
EXEMPTED FROM PROVISIONS
Exemption of scrap metal processors from provisions.
21-26a Cum. Supp.
JUNKYARDS SCREENING ACQUISITION OF
PROPERTY BY COMMISSIONER
Requirements for screening of junkyards; commissioner de-
termination; acquisition of land for junkyard removal.
13a-123f Cum. Supp.
JUNKYARDS STORAGE OF UNREGISTERED
VEHICLES
Regulations for storage of unregistered vehicles, parts.
21-22b
JUNKYARDS SUSPENSION FOR VIOLATION
Suspension or revocation of license for violation.
21-21
43
-------
CONNECTICUT
JUNKYARDS TOWN ORDINANCES REGISTRATION
Authority of town to pass ordinances; registration with State
police.
21-10
NUISANCE ABATEMENT BY DIRECTORS OF
HEALTH
Powers of directors of public health to abate nuisances.
79-79
JUNKYARDS USE OF GENERAL REGISTRATION
Use of general registration restricted.
21-19
JUNKYARDS AND SCRAP PROCESSING FACILITY
DEFINITION
Defines:
Highway;
Federal Interstate System;
Federal Primary System;
Junk;
Automotive graveyard;
Junkyard;
Effective control.
13a-123c Cum. Supp.
LAND AND STREAM POWER OF MUNICIPALITIES
TO TAKE
Towns, cities may take lands, streams to insure pure water supply;
procedures.
25-42
LAND SUBDIVISION PLANNING UTILITIES
Regulation for subdivision of land; planning utilities.
8-25
MOTOR VEHICLE ABANDONMENT
What consitutes abandonment; enforcement of provision;
liability; penalty.
14a-150 Cum. Supp.
MOTOR VEHICLE JUNK BUSINESS DEFINITIONS
Defines:
Motor vehicle junk business;
Motor vehicle junkyard.
21-15
MUNICIPALITIES GARBAGE DISPOSAL
CONTRACTS, DISPOSAL FACILITIES
Powers to construct and maintain: sewers; sewage disposal;
garbage and refuse collection; drainage; sanitary housing; zoning;
regulate trailer parks; land reclamation; soil striping; collection of
ashes; impose fines.
7-148 Cum. Supp.
MUNICIPALITIES TAXATION OF PROPERTY FOR
SEWAGE DISPOSAL
Rules for taxation of municipal properties.
Taxation of property for sewage disposal by municipalities.
12-73
PLANNING COMMISSION MUNICIPAL CREATION
Authority to create planning commission; terms; vacancies;
records.
8-19
PLANNING COMMISSION MUNICIPAL
IMPROVEMENTS
Rules governing approval of improvements.
8-24
POLICE SPECIAL ABATEMENT OF WATER
POLLUTION
Appointment of special water pollution police.
25-44
POLLUTION AIR ACTION ON ORDER AFTER
HEARING
Procedure for acting on violators of pollution provisions.
79-5/5
POLLUTION AIR APPEALS TO ORDERS
Right to appeal orders; procedures for appeal.
19-518
POLLUTION AIR CONSIDERATIONS IN MAKING
REGULATIONS AND ISSUING ORDERS
Consideration of facts and circumstances bearing on re-
asonableness of activity involved in pollution.
79-570
POLLUTION AIR CREATION OF COMMISSION
Creation of Air Pollution Control Commission; terms; ap-
pointments; compensation.
79-506
POLLUTION AIR DEFINITION
Defines:
Air pollution;
Commissioner;
Person;
Commission;
Municipality.
79-505
POLLUTION AIR DISTRICT FOR CONTROL
Authority to establish Air Pollution Control Districts; procedures
for establishment.
79-520a Cum. Supp.
NORWALK HARBOR DUMPING INTO
Dumping of mud or other substances into harbor prohibited;
boundaries; penalty
75-24
44
POLLUTION AIR EMERGENCY ABATEMENT
ACTION
Emergency action procedure.
79-577
-------
CONNECTICUT
POLLUTION AIR ENFORCEMENT OF
REGULATIONS BY COMMISSIONER
Authority of commissioner to enforce regulations.
J9-5J3a Cum. Supp.
POLLUTION AIR EXEMPTION PERMITS
Procedure for granting permits for exemption to provisions.
19-519
POLLUTION AIR GRANTS BY STATE TO
MUNICIPALITIES FOR FACILITIES
Procedure for aiding municipalities, districts in constructing solid,
liquid waste disposal facilities; air pollution abatement; land fill
operations.
19-507b Cum. Supp.
POLLUTION AIR GRANTS TO IMPROVE DISPOSAL
FACILITIES
Grants by commission to improve solid waste disposal systems.
19-508a Cum. Supp.
POLLUTION AIR HEARINGS BY COMMISSION
Rules and procedures for pollution hearings.
19-512
POLLUTION AIR INTERSTATE SANITATION
COMMISSION
Commission; purpose; cooperation in pollution abatement;
boundaries; powers; membership; standard of purity of waters;
agreements of sewage treatment and disposal standards;
enforcement of provisions of pact; development of comprehensive
plan; terms of compact defined; salaries; jurisdiction; parts of
compact severable.
25-57 Cum Supp.
POLLUTION AIR ORDERS TO CORRECT
VIOLATIONS
Procedures for issuance of orders; hearings.
19-514
POLLUTION AIR PENALTIES FOR VIOLATIONS OF
ORDERS
Penalty for violation of regulations; injunctions.
19-516
POLLUTION AIR POWERS OF CONTROL
COMMISSION
Powers of commission to: formulate regulations; receive
complaints; employ consultants; order construction, improvement
of pollution control facilities; inspect.
19-508
POLLUTION AIR POWERS OF HEALTH
COMMISSIONER
Powers to: supervise programs; cooperate and receive money from
Federal government; enforce regulations.
79-507
POLLUTION WATER ABATEMENT BY
MUNICIPALITY
Powers of Water Pollution Control Commission to order
abatement of pollution by municipalities.
25-54g Cum. Supp.
POLLUTION WATER ABATEMENT BY PERSONS
Water Pollution Control Commission powers to order persons to
abate pollution.
25-54H Cum. Supp.
POLLUTION WATER ABATEMENT OF POTENTIAL
POLLUTERS
Order to correct potential sources of pollution.
25-54k. Cum. Supp.
POLLUTION WATER APPEAL OF ORDER
Orders of State department; appeals.
25-28
POLLUTION WATER COMPLAINTS
INVESTIGATIONS
Complaints concerning water pollution; investigations.
25-27
POLLUTION WATER DISCHARGE OF WASTE
Pollution or discharge of waste prohibited.
25-54f Cum. Supp.
POLLUTION WATER DISPOSAL OF SEWAGE
REFUSE IN WATERWAYS
Sewage, refuse disposal in waterways prohibited; regulations.
25-26 Cum. Supp.
POLLUTION WATER DUMPING OF REFUSE
Dumping of refuse, garbage into waters illegal without permit;
procedures; violations penalty.
25-24
POLLUTION WATER INVESTIGATION OF
DISCHARGES ABATEMENT
Periodic investigation of discharges; order to abate.
25-54J Cum. Supp.
POLLUTION WATER INVESTIGATORY PROCEDURE
Investigation of water supply.
25-34
POLLUTION WATER LIMITATION ON WASTE
DISCHARGE
Permits for new discharge; procedures.
25-541 Cum. Supp.
POLLUTION WATER ORDER TO ABATE APPEALS
Regulations for appeal of abatement order; procedures for orders.
25- 36
POLLUTION WATER ORDINANCES CONCERNING
RESERVOIRS
Local ordinances; penalty for violations.
25-45
45
-------
CONNECTICUT
POLLUTION WATER PENALTY FOR VIOLATION
Penalty for pollution.
25-31
Penalty for violations.
25- 3 7
POLLUTION WATER PROHIBITION OF BATHING
Bathing in or polluting reservoirs prohibited; punishment.
25-43
POLLUTION WATER RECORD KEEPING
Requirement to keep records; confidential information.
25-54d Cum. Supp.
POLLUTION WATER RUBBISH DEPOSITS IN
STREAMS
Damage payments for polluters of streams.
19-312
POULTRY DEAD DISPOSAL
Provision for sanitary disposal of poultry.
22-324a Cum. Supp.
SANITARIANS QUALIFICATION FOR
REGISTRATIONS
Qualification for registration.
20-361
SANITARIANS REFUSAL TO ISSUE CERTIFICATE
Refusal to issue, suspension or revocation of certificate.
20-363
SANITARIANS REGISTRATION WITHOUT
EXAMINATION
Procedure for registration.
20-365
SANITARIANS USE OF TITLE
Restriction on use of title.
20-562
SEWAGE DISPOSAL DEFINITIONS
Defines:
Waters of the State;
Sewage.
25-25
PUBLIC HEALTH POWERS AND DUTIES OF
COMMISSIONER
Commissioner has power to: prevent, suppress disease; prepare
regulations for public health code and council; inspect public
institutions; investigate nuisances.
19-4
RESEARCH COMMISSION DUTIES
Duties to: conduct reviews of research, programs of agencies;
identify problems; support, initiate research into problems; make
recommendations.
32-27 Cum. Supp.
SANITARIANS
Procedures for appeal.
20-364
SANITARIANS APPLICATIONS FOR REGISTRATION
Registration application procedure; fees.
20-360
SANITARIANS BOARD OF REGISTRATIONS
Creation of board of registration.
20-359
SANITARIANS DEFINITIONS
Defines:
Environmental health;
Sanitarian.
20-358
SANITARIANS PENALTY FOR VIOLATIONS
Penalty for violations.
20-366
46
SLUDGE DEFINITION
Defines:
Sludge;
Oil pollution.
25-24bb Cum. Supp.
STRUCTURES FLOATING DISPOSAL OF OLD
VESSELS
Procedure for vessel disposal; permits.
15-31 Cum. Supp.
SUBSTANCES DANGEROUS TRANSPORTATION
Regulations for transportation of dangerous substances; penalty
for violation.
29-90
WATER AND ICE SUPPLIES JURISDICTION OF
HEALTH DEPARTMENT
Purity of water, ice under jurisdiction of Department of Health.
25-52 Cum. Supp.
WATER DRINKING POLLUTION OF; PENALTY
Penalty for drinking water pollution.
25-59
WATER FILTHY COLLECTION OF A NUISANCE
Allowing noxious, filthy water to collect considered a public
nuisance; pollution of water supply; penalty.
19-315
WATER ICE POLLUTION ABATEMENT AS
NUISANCE
Assessment of damages for pollution to ice, water as public
nuisance.
25-55
-------
CONNECTICUT
WATER POLLUTION CONTROL DECLARATION OF
POLICY
Policy declaration.
25-54a Cum. Supp.
WATER POLLUTION CONTROL DEFINITIONS
Defines:
Commission;
Waters;
Wastes;
Rendered impure or unclean;
Harmful thermal effect;
Person;
Community pollution problem;
Pollution abatement facility;
Disposal system;
Federal Water Pollution Control Act;
Order to abate pollution.
25-54b Cum. Supp.
WATER POLLUTION CONTROL GRANTS FOR
ABATEMENT FACILITIES
Authorization for grants to municipalities for abatement facilities.
25-54r Cum. Supp.
WATER RESOURCES COMMISSION COOPERATION
WITH OTHER AUTHORITIES
Cooperation with other authorities in pollution abatement.
25-63
WATER RESOURCES COMMISSION POWERS TO
CONTROL POLLUTION
Powers and duties of commission: develop comprehensive
programs; advise; prevent pollution; investigate; issue orders;
hearings; planning; issue permits; set standards; require
maintenance.
25-54c Cum. Supp.
WATER RESOURCES COMMISSION QUALITY
STANDARDS
Power of commission to set water quality standards.
25-54c Cum. Supp.
WATER SUPPLY HEALTH MAINTENANCE BY
HEALTH DEPARTMENT
Quality of interstate waters used for water supply maintained by
health department; provide code.
25-46
WATERCOURSE OBSTRUCTION OR DAMMING
ILLEGAL
Penalty for obstruction of watercourse.
19-311
WATERS NAVIGABLE OBSTRUCTION PENALTIES
Penalties for waterway obstruction.
19-313
WATERS NAVIGABLE USE OR OBSTRUCTION OF;
CERTIFICATE
Requirement of certificate for use, obstruction of waters.
25-7
WATERWAY COST OF CLEARING DEBRIS FROM
Authority to order person, firm to remove debris from tidal
waters, waterway; assessment of fine.
7-146
WATERWAY PROHIBITION OF OBSTRUCTION
Prohibition of obstruction of waterways; exceptions.
7-147 Cum. Supp.
47
-------
-------
DELAWARE
AIR POLLUTION COMMISSION POWERS
Development of comprehensive program; conduct studies and
investigations; collect and disseminate information; promulgate
rules and regulations; enter property for investigations.
7-6203 Cum. Supp.
ANIMALS CONDEMNED SLAUGHTER
State Board of Agriculture may order animals condemned for
Bang's disease to be slaughtered.
3-7328
ANIMALS DEAD BURIAL
Penalty for not burying dead birds, animals or fish.
11-341
ASHES DELIVERY TRANSPORTATION AND
DISPOSAL
Ashes from cremation of body may be delivered to family;
transported and disposed by person receiving them.
16-3164
BALLAST CASTING IN TIDE WATER
Penalty for casting ballast, stone or other heavy article* into tide
waters.
23-1101
BEES DISEASED DESTRUCTION
Entry upon premises to inspect apiaries; quarantine zones;
measures for eradication of disease; notice to owner; destruction
of bees; appeals.
3-7503
BOARD OF AGRICULTURE STATE DUTIES AND
POWERS
Authority of State Board of Agriculture to destroy diseased
animals.
3-7101 Cum. Supp.
BOARD OF HEALTH ESTABLISHMENT
Establishment of State Board of Health and local boards of health
by General Assembly.
Art 12. § 1 Const, of 1897 as amended
BOARD OF HEALTH LOCAL ENTRY FOR
DESTRUCTION OF NUISANCES
Power of local board of health to -:nter premises to examine,
destroy, remove or prevent nuisances issuance of warrant.
16-311
BOARD OF HEALTH STATE POWERS AND DUTIES
Prevention and control of nuisances; sanitary protection of water
supplies; collection and disposal of wastes and garbage and
regulation of disposal areas and sewage works.
76-722 and 16-122 Cum. Supp.
BRUSH BURNING BY RAILROADS
Remedy against railroads which allow brush a combustible matter
to remain on its land and which subsequently catches fire an,d
damages property.
16-6502
BRUSH NEGLIGENT BURNING
Remedies against person negligently setting fire to brush or other
combustible matter.
16-6501
CARCASSES SEIZURE AND CONDEMNATION
Carcasses of diseased or dead animals may be seized and
condemned; destiuction or sale after condemnation; bond; trial
by jury.
3-8741 Cum Supp.
CATTLE TUBERCULAR CONDEMNATION AND
DISPOSAL
Condemnation and disposal of cattle reacting to tuberculin test;
salvage value.
3-7307
DELAWARE PLANNING ACT
Definitions, purpose; State Planning Office; Director of State
Planning; State Planning Council; Powers and duties of Office;
Assistance to local planning agencies; reports.
29-4901 through 29-4913 Cum. Supp
DELAWARE RIVER BASIN COMPACT
1. Definitions, purposes;
2. Organization and area:
3. Powers and duties of commission;
4. Water supply;
5. Pollution control;
6. Flood protection.
7-6501 Cum. Supp.
DEPARTMENT OF PLANNING NEW CASTLE COUNTY
FUNCTIONS
Functions of Department of Planning of New Cistie County;
comprehensive development plan.
9-1341 Cum. Supp.
49
-------
DELAWARE
DEPARTMENT OF PUBLIC WORKS NEW CASTLE
COUNTY
Functions of Department of Public Works, including operation of
sewage and refuse disposal facilities and collection of garbage and
refuse.
9-1421 Cum. Supp.
DIVISION OF ENVIRONMENTAL CONTROL
POWERS
To exercise all powers of Delaware Water and Air Resources
Commission excepting certain duties.
Section 5013, 1970 Session Law
DREDGING REMOVAL BEYOND LIMITS OF STATE
Prohibition against removal of dredgings outside State; penalty.
23-1701, 23-1702
DUMPING GARBAGE OR REFUSE NEW CASTLE
COUNTY
Power of County Council to regulate dumping of rubbish,
garbage, ashes or other waste material; power to license public
garbage collectors; penalty for violation of regulations.
9-1525 Cum. Supp.
FIRE PENALTY FOR CARELESSLY STARTING
Penalty for carelessly setting fires which escape out of control.
7-3102
GARBAGE DISPOSAL NEW CASTLE COUNTY
OPERATION OF PLANT
Power of Levy Court to contract for the operation of incineration
and garbage disposal plants; regulations; fees and charges.
9-2403
GARBAGE FEEDING TO HOGS
Requirement of permit to feed hogs with out-of-State garbage or
household refuse; bond.
16-1701
GARBAGE FEEDING TO SWINE
Prohibition against feeding garbage collected in town, city or
county to swine without cooking.
3-7108 Cum. Supp
HIGHWAYS INJURIOUS SUBSTANCES
Prohibition against throwing glass, ashes, offal, waste on highways
without written permission; penalty.
/ 7-514 Cum. Supp; 21-4186 Cum Supp.
HIGHWAYS TRASH
Prohibition against placing garbage or trash near highway;
penalty; separate violations.
17-518 Cum. Supp.
JUNK DEALERS DEFINITION
Definition of junk dealer.
24-2301
GARBAGE DISPOSAL KENT COUNTY
Power of Levy Court to acquire land for garbage disposal or
incineration plants; contracts for construction of such plants;
definitions.
9-4701 Cum. Supp.
GARBAGE DISPOSAL PROHIBITED AREAS
State Board of Health may prohibit areas to be used for depositing
garbage; revocation of permit.
16-1702
GARBAGE DISPOSAL NEW CASTLE COUNTY
CONSTRUCTION AND OPERATION OF
INCINERATION PLANT
Power of Levy Court to acquire land and construct and operate an
incineration or garbage disposal plant; contracts for services.
9-2401
GARBAGE DISPOSAL NEW CASTLE COUNTY
DEFINITIONS
Definition of garbage disposal plant.
9-2411 Cum. Supp.
GARBAGE DISPOSAL NEW CASTLE COUNTY
EMINENT DOMAIN
Authority of Levy Court to exercise power of eminent domain;
compensation; immediate taking of land.
9-2402
50
JUNK DEALERS LICENSE
License required in New Castle County to carry on business as
junk dealer; qualifications; designation of building for business;
license fees.
24-2302 through 24-2304
JUNK DEALERS PURCHASE FROM MINORS
Prohibition agamstjunk dealers making purchases from minors.
24-2312
JUNK DEALERS RECORDS AND REPORTS
Requirement of keeping books describing goods and customers;
inspection of books.
24-2313, 24-2314
JUNKYARDS ACQUISITION OF LAND FOR
RELOCATION OR SCREENING
Department may acquire land for screening, relocation, removal
or disposal of junkyards next to highways,
17-1208 Cum. Supp.
JUNKYARDS APPLICATION AND ISSUANCE OF
LICENSE
Prohibition against operating junkyards near highways without
obtaining license; duration of permits; fees.
17-1204 Cum. Supp.
JUNKYARDS COMPENSATION TO OWNERS
Compensation paid to owners of junkyards which must be
relocated, removed or disposed of.
/'7-1207 Cum Supp
-------
DELAWARE
JUNKYARDS DEFINITIONS
Junk;
Automobile graveyard;
Junkyard;
Interstate system;
Pumary system;
A controlled area;
The laws of this State;
Visible.
17-1202 Cum. Supp.
JUNKYARDS INJUNCTION
Authority of Department to apply to Court of Chancery for
injunction.
17-1210 Cum. Supp.
JUNKYARDS LOCATION
Certain junkyards near highways may be licensed, e.g., pre-
existing junkyards; junkyards screened natural objects; junkyards
within industrial areas.
17-1205 Cum. Supp.
JUNKYARDS PENALTIES FOR VIOLATIONS
Fine for violation of law regulating junkyards next to highways;
separate offenses.
17-1211 Cum. Supp.
JUNKYARDS PUBLIC NUISANCE SCREENING OR
REMOVAL
Non-conlormmg junkyards are public nuisances; relocations,
removal or screening of junkyards; action to recover expenses.
17-1209 Cum. Supp.
JUNKYARDS PURPOSE OF REGULATION
Public policy relating to the regulation of junkyards next to
highways.
17-1201 Cum. Supp.
JUNKYARDS REGULATIONS
Authority of Department to enforce laws and promulgate rules
and regulations: right of entry to make examination; territorial
juiisdiction.
17-1203 Cum. Supp.
JUNKYARDS SCREENING RELOCATION OR
REMOVAL
Lawfully pre-existing junkyards shall be screened, but if unable to
be screened, shall be relocated, removed or disposed of.
17-1206 Cum Supp.
NEW CASTLE COUNTY GENERAL POWERS
Power to opeiate sewerage systems; contract for sewerage system;
issuance of bonds: contract with munKipahties for disposal of
sewage.
9-2202
NEW CASTLE COUNTtf - POWER TO OPERATE
SEWERAGE SYSTEMS
Powei of County to operate sewerage systems; contracts; bonds.
9-2?9?
NEW CASTLE COUNTY SEWAGE DISPOSAL
General powers of the government of New Castle County.
9-1101 Cum. Supp.
NEW CASTLE COUNTY SPECIFIC POWERS
Power to act upon matters pertaining to sewerage disposal plants,
garbage disposal, removal and incineration of ashes, garbage,
trash and rubbish; operation of plants.
9-1521 Cum. Supp.
NEW CASTLE COUNTY TRANSFER OF FUNCTIONS
Definitions of local service functions and municipality; authority
to transfer local service functions to County.
9-7702 Cum. Supp.
NUISANCE ABATEMENT BY LOCAL BOARD OF
HEALTH
Authority of local board of health to abate nuisances including
noisome matter and hog pens.
16-310
OBSTRUCTIONS RAILWAY TRACK
Penalty for obstructing railway tracks; penalties
11-768, 11-769
OFFENSIVE MATTER PUBLIC PLACES
Prohibition of placing garbage, carrion, dead animals, dung, filth
or offensive matter in public places; penalty.
16-309
PLANNING COMMISSION MUNICIPAL
Establishment; membership; comprehensive development plan;
studies and reports.
22-701 through 22-711 Cum. Supp.
PLANNING COMMISSION REGIONAL KENT
COUNTY
Creation of Regional Planning Commission of Kent County;
purposes.
9-4802 Cum. Supp.
PLANNING OFFICE STATE POWERS AND DUTIES
Preparation of development plans for State; make studies and
investigations, supply information, etc.
29-4908 Cum. Supp.
POLLUTION STREAMS
Prohibition against polluting streams so as to injure fish.
7-77/2
POLLUTION AIR ADMINISTRATIVE HEARINGS
Notice by Commission of violation; complaint; notice; hearing;
order; appeal; summary abatement of nuisances.
7-6233 Cum. Supp.
POLLUTION AIR DEFINITION
Air pollution;
Air contaminant;
Air contaminant source
7-6202 Cum. Supp
51
-------
DELAWARE
POLLUTION AIR INJUNCTIVE RELIEF
Power of Commission to bring action for injunction to prevent
further violations.
7-6205 Cum. Supp.
POLLUTION AIR NUISANCES
Prohibition against discharging solids, liquids or gases into air
causing injury to life or property.
7-6231 Cum. Supp.
POLLUTION AIR PROCEEDINGS TO ABATE
NUISANCES
Proceedings at law or in equity to abate public nuisances created
by air pollution.
7-6232 Cum. Supp.
POLLUTION AIR PUBLIC POLICY
State policy concerning air quality.
7-6201 Cum. Supp.
POLLUTION AIR SUMMARY PROCEEDINGS
Order by Commission requiring immediate action; hearing.
7-6206 Cum. Supp.
POLLUTION STREAM NUISANCE PENALTY
ABATEMENT
Prohibition against polluting streams supplying drinking water;
penalty; jurisdiction; abatement of nuisance.
16-1301
POLLUTION STREAM PRIVY, HOG, PEN,
SLAUGHTER HOUSE
Prohibition of placing privy, hog pen or slaughter house near to
stream used for drinking water; penalty; nuisance; jurisdiction.
16-1302
POLLUTION WATER DECLARATION OF POLICY
Public policy of State to maintain reasonable water quality.
7-6301 Cum. Supp.
POLLUTION WATER DEFINITIONS
Industrial waste;
Other wastes;
Pollution;
Sewage;
Waters.
7-6302 Cum. Supp.
POLLUTION WATER DUTIES AND POWERS OF
COMMISSION
Administer laws relating to air pollution; conduct research and
investigations; issue orders and adopt regulations, etc.
7-6303 Cum. Supp.
POLLUTION WATER INFORMATION TO BE
FURNISHED; INSPECTION AND INVESTIGATIONS
Requirement of municipalities and owners of industrial es-
tablishments to furnish information to Commission; right of entry
for inspection.
7-6304 Cum. Supp.
52
POLLUTION WATER INJUNCTION
Power of Commission to living action for injunction to prevent
further violations.
7-6305 Cum. Supp.
POLLUTION WATER SUMMARY PROCEEDINGS
Immediate action ordered by Commission; hearing.
7-6306 Cum. Supp.
REFUSE FOWL AND POULTY DRESSING
Regulation of treatment of refuse from dressing of fowl; penalty
for dumping such refuse without treatment; separate offenses.
16-1705, 16-1706 and 16-1706 Cum. Supp.
REFUSE OUTSIDE COMMERCIAL PROPERTY
Prohibition against depositing refuse, rubbish, trash or other waste
material outside commercial establishments unless in sufficient
container; penalty; injunctive relief.
9-2902 Cum. Supp
REFUSE PENALTY FOR DUMPING
Prohibition against dumping refuse or other material without
permission; including dumping near highways; penalty.
16-1704
REFUSE AND GARBAGE BURNING IN RESIDENTIAL
AREAS
Prohibition against burning garbage or refuse in certain well-to-do
neighborhoods; penalties.
16-1707 Cum. Supp.
REFUSE AND GARBAGE STORAGE IN MULTI-
FAMILY BUILDINGS
Requirement of apartments to provide storage areas and metal
containers for garbage and refuse; penalty.
16-1708 Cum. Supp.
SEEDS CONDEMNATION AND DESTRUCTION
Seizure of illegal agricultural or vegatable seeds; condemnation;
disposal; application for release of seeds.
3-1507 Cum Supp.
SEWAGE DISPOSAL NEW CASTLE COUNTY
CONTRACTS WITH TOWNS
Power of Levy Court to contract with municipalities for sewage
disposal.
9-22^5
SEWAGE SYSTEMS CONSTRUCTION PLANS
Submission of construction plans to Water and Air Resources
Commission.
7-6J07 Cum. Supp
SEWAGE SYSTEMS NEW CASTLE COUNTY
DEFINITION
Definition of sewerage system to include plants for disposal of
solid wastes.
9-220/
-------
DELAWARE
SOLID WASTE PILOT PROJECT FOR
RECLAMATION
Definitions; funding for project for recycling and reclamation of
solid wastes.
1970 Session Laws, House Bill No. 822
SOLID WASTES MANAGEMENT STORAGE
COLLECTION DISPOSAL
Definitions; establishment of county plans; amount of financial
aid from State allocation of funds.
7970 Session Laws, Senate Bill No. 729
SOUTHERN INTERSTATE NUCLEAR COMPACT
Includes power of Board to formulate measures for disposal of
nuclear wastes.
6-7207 Cum. Supp
THISTLES CUTTING
Thistles required to be cut by owner of land; penalty; State
Highway Department to cut thnstles on roads.
3-2303, 3-2304
VEHICLES ABANDONED
Definition, removal, notice of removal, sale.
21-4401 through 21-4410 Cum. Supp.
VEHICLES TRANSFER FOR WRECKING'
SURRENDER OF REGISTRATION
Upon surrender of vehicle to be wrecked the owner shall forward
to the Department his registration card and plates with a report
that vehicle is being transferred for wrecking
21-2505 Cum Supp.
WASTE ANIMAL MATTER TRANSPORTATION
Penalty for transporting meat or animal wastes inside an open
vehicle on public highways.
21-4372
WEEDS AND REFUSE REMOVAL
Prohibition against permitting weeds, refuse, trash or other waste
material to accumulate and create a nuisance; notice to owner;
removal by Levy Court; action for expenses.
9-2907 Cum. Supp
WILMINGTON NUISANCES ON HIGHWAYS
Prohibition against nuisance near highway entering Wilmington;
definition of nuisance.
77-576
ZONING AUTHORIZATION OF LAWS
Authority of General Assembly to enact laws allowing mu-
nicipalities and certain counties to enact zoning ordinances.
Art. 2, Sec. 25 Const.
ZONING KENT COUNTY
Power of Levy Court of Kent County to zone land and buildings;
regulations.
9-4901 through 9-4903 Cum. Supp.
ZONING MUNICIPALITIES
Authority of municipalities to regulate location and use of
buildings, etc.
22-507
ZONING NEW CASTLE COUNTY
Power of Levy Court of New Castle County to zone location and
use of buildings and use of land.
9-2607
ZONING NEW CASTLE COUNTY REGULATIONS
Division of County into zones; uniform regulations within a
district; purposes of regulations.
9-2602, 9-2605
ZONING SUSSEX COUNTY
Statement of purposes as to zoning by Sussex County.
6502 Cum. Supp.
-------
-------
DISTRICT OF COLUMBIA
ALLEY DWELLING LAW
Use of buildings in alleys as dwellings for human habitation are
injurious to public health, safety, morals, and welfare, and it is
policy of U.S. to eliminate such injurious conditions.
Sec 5-103
BODIES DEAD BURIAL
Every public officer having charge of dead human bodies
requiring to be buried at public expense, shall notify Anatomical
Board.
Sec. 2-202
BODIES DEAD MODE OF BURIAL
Bodies shall be buried in airtight vault which may not be opened
for ten years.
Sec. 27-122
BODIES DEAD PERMIT FOR DISPOSAL
Unlawful to dispose of dead bodies except upon permit issued by
Director of Public Health of the District of Columbia.
Sec. 27-119a
BURIAL PLACE
No person shall bury a body except in grounds known and used as
public or private burial grounds.
Sec. 27-121
COMMISSIONER WHARF PROPERTY
Commissioner is authorized and empowered to make rules and
regulations for government and control of all wharves.
Sec. 9-101
CONGRESSIONAL DECLARATION
Congress declares the general welfare of District of Columbia is to
be coordinated with development of other areas of Washington
metropolitan region.
Sec. 1-1301
CREMATION
Commissioner authorized to operate crematorium of size sufficient
for incineration of all bodies that can not be disposed of within a
reasonable time after death.
Sec.27-120
BUILDING CONDEMNATION
Board of condemnation shall examine into sanitary condition of
buildings and issue appropriate orders of condemnation.
Sec. 5-617
BUILDING DEMOLITION
If owner fails to put building into sanitary condition or to be
demolished within specification of Board of Condemnation, he
shall be guilty of misdemeanor.
Sec. 5-622
BUILDING CONDEMNED OWNER
Owner of condemned building shall cause such repairs as may be
necessary or cause building to be demolished.
Sec. 5-620
BUILDING INSANITARY CONDEMNATION AND
DEMOLITION
Commissioners are authorized to condemn buildings which are
insanitary and cause such buildings to be put into sanitary
condition or to be demolished and removed.
Sec. 5-616
BURIAL PENALTIES
Violation of provisions for burial are punishable by fine.
Sec 27-126
CREMATION INDIGENT PERSONS
Director of public health is authorized to furnish identification for
bodies of indigent persons cremated at public crematorium.
Sec. 6-115
CREMATION PERMITS
It is unlawful for any person to destroy dead body before issue of
burial permit by director of public health.
Sec. 27-725
CREMATORIES LOCATION
No person shall maintain crematory except within limits of
cemeteiy without consent of owners of more than one-half of
property within radius of 200 ft.
Sec. 27-124
EMINENT DOMAIN
President of U.S. may designate official or agency in D.C.
government to have power of eminent domain.
Sec. 5-104
GARBAGE COLLECTION AND DISPOSAL
Among general provisions of reorganization plan is making of
regulations for collection and disposition of garbage.
Reorganization Plan No. 3 of 1967 sub sec. 139 Cum. Supp.
55
-------
DISTRICT OF COLUMBIA
Commissioners authorized to regulate collection and disposition
of garbage in D.C.
Sec. 6-501
GARBAGE DISPOSAL
Commissioner may authorize garbage to be disposed of in sanitary
manner by feeding to livestock.
Sec. 6-503
GARBAGE AND REFUSE DISPOSAL
Commissioners may contract for collection and disposal of
garbage, miscellaneous refuse, ashes, nightsoil, and dead animals.
Sec. 6-502
GOVERNMENTAL FUNCTIONS
All functions, powers, and duties of D.C. government shall be
exercised and carried out as will best facilitate objective of
development of areas of Washington metropolitan region.
Sec. 1-1302
HUMAN WASTE PENALTY
Any person violating provisions relating to disposal of human
waste may be punished by fine or imprisionment.
sec. 6-704
LIFE, HEALTH AND PROPERTY REGULATIONS
Commissioners are empowered to make and enforce regulations
for protection of life, health, and property.
Sec. 1-226
LITTER DISPOSITION
Commissioners are empowered to make and enforce regulations to
prohibit deposit upon street or sidewalks of fruit or other
substances or articles that might litter or cause injury to or impede
pedestrians.
Sec. 1-224
MOTOR VEHICLE SMOKE SCREENS
No individual shall knowingly have in his possession any device
designed to cause emission from motor vehicle of defense mass of
smoke commonly called smoke screen.
Sec. 40-610
NATIONAL CAPITAL AREA COMPREHENSIVE PLAN
Commission is charged with duty of preparing and adopting
comprehensive, consistent, and coordinated plan for National
Capital, which plan shall include Commission's recommendations
or proposals for Federal and District developments or projects in
environs.
Sec. 1-1004
INCINERATOR ACQUISITION OF LAND
Commissioner is authorized to acquire by condemnation two
suitable locations for incinerator sites.
Sec. 6-505
INCINERATOR CONSTRUCTION
Commissioner is authorized to erect refuse incinerators on
approved sites and to grade and fence such sites.
Sec. 6-506
INCINERATOR MARYLAND AND VIRGINIA
Commissioner is authorized to enter into agreement with several
Maryland and Virginia municipalities to dispose of combustible
material in incinerators built by District of Columbia.
Sec. 6-577
INFLAMMABLE SUBSTANCES COMMISSIONER
Commissioner shall regulate storage of highly inflammable
substances in thickly populated portions of District.
Sec. 1-224
NATIONAL CAPITAL PLANNING COMMISSION
It is purpose of National Capital Planning Commission to secure
comprehensive planning for physical development of National
Capital and its environs.
Sec. 1-10(,1
NUISANCE ABATEMENT
Upon refusal to abate nuisance, Director of Licenses and
Inspections or Director of Public Health may cause such
nuisances to be aba.. :d.
Reorganization Order No. 42, Part IV, sub. sec. 5, 1969 Cum.
Supp.
NUISANCE ABATEMENT DEFINITION
Existence on any lot of any uncovered well, cistern, dangerous
hole, excavation, any dead, dangerous or diseased tree, or of any
abandoned vehicles, miscellaneous materials or debris insofar as
they affect public health, comfort, safety and welfare is declared a
nuisance. Failure to abate such nuisance is punishable by fine.
Sec. 5-504
JUNK DEALERS LICENSE
Commissioner is authorized to classify dealers in secondhand
personal property and to fix and collect license fee for each such
class of dealers.
Sec. 47-2339
JUNK DEALING RULES AND REGULATIONS
Commissioner is empowered to regulate places where business of
pawn broking junk-dealing, or second-hand clothing business may
be carried on.
Sec. 1-224
56
POLLUTION AIR ADOPTION OF REGULATIONS
Commissioner may adopt air pollution regulations.
6-811 1969 Cum. Supp.
POLLUTION AIR DEPARTMENT OF PUBLIC
HEALTH DIRECTOR
Director in consultation with heads of other District Departments
shall be responsible for developing and executing comprehensive
program for control and prevention of air pollution in District of
Columbia.
Organization Order No. 14J, 1969 Cum. S'jpp.
-------
DISTRICT OF COLUMBIA
POLLUTION AIR DISTRICT OF COLUMBIA
COUNCIL
Council shall establish emission and air quality standards.
Sec. 6-812 1969 Cum. Supp.
POLLUTION AIR POWERS OF COMMISSIONER
Commissioner:
1. Shall conduct research;
2. Shall collect information;
3. Establish emergency procedures; and
4. May consult other agencies.
Sec. 6-813 1969 Cum. Supp.
POLLUTION CONTROL PRIORITY PROJECTS
Congress declares that priority should be given to solution of
problems of water supply, sewage disposal, and water pollution
and transportation.
Sec. 1-1303
POLLUTION WATER PENALTIES
Any person who maliciously pollutes water supply of city of
Washington will be punished by fine and imprisonment.
Sec. 22-3118
POLLUTION WATER POTOMAC RIVER
No person shall deposit deleterious matter in Rock Creek or
Potomac River.
Sec. 22-1703
Any person depositing deleterious matter in Rock Creek or
Potomac River will be subject to fine or imprisonment.
Sec. 22-1703a
It is unlawful for any person to throw or deposit matter in
Potomac River or its tributaries in District of Columbia.
Sec. 22-1702
and repairs and cleaning of sewers, are necessary municipal
objects to be paid for as other ordinary municipal expenses.
Sec. 1-235
SANITARY ENGINEERING DEPARTMENT
Department shall be sole agency for carrying out purposes of Solid
Waste Disposal Act, and shall take actions necessary to provide
for cooperation with Department of Public Health to insure full
participation of District in accomplishing purposes of act.
Organization Order No. 142, Part III
SEWAGE AGREEMENT WITH MARYLAND
For protection of streams in District of Columbia from pollution
by sewerage discharged from sewerage systems of Maryland,
Commissioner is authorized to enter into agreement with State of
Maryland for drainage of such sewerage systems into and through
sewerage system of D.C.
Sec. 1-817
SEWAGE AGREEMENT WITH VIRGINIA
For protection of Potomac River from pollution by sewage
originating in Virginia, Commissioners are authorized to enter into
agreements with Commonwealth of Virginia for drainage of
sewage into sewerage system of D.C.
Sec. l-817c
SLUDGE REMOVAL CONTRACT
Commissioner is authorized to remove sludge deposited at D.C.
Reformatory by contract.
Sec. 1-817a
STREET SWEEPINGS SALE
Commissioner is authorized to sell sweepings from streets.
Sec. 1-236
PUBLIC FACILITIES CONSTRUCTION
There shall be a program of construction to include projects
relating to activities to meet needs of public in fields of education,
health, welfare, public safety, recreation, and other general
government activities.
Sec. 9-220
REFUSE DISPOSAL
Commissioner is authorized to conduct operations involved in
collection and disposal of city refuse as a municipal function
Sec. 6-504
REFUSE DISPOSAL PENALTY
Any person burning or otherwise disposing of combustible refuse
at any place other than those prescribed will be subject to fine or
imprisonment.
Sec. 6-508
REFUSE COMBUSTIBLE REGULATION
Among general provisions of reorganization plan is making of
regulations relating to combustible refuse.
Reorganization Plan No 3, sub. sec. 140 1969 Cum. Supp.
REFUSE REMOVAL MUNICIPAL EXPENSE
Sweeping, cleaning, and removing all refuse and filthy ac-
cumulations in streets, alleys, and avenues of city of Washington,
WASHINGTON METROPOLITAN REGION
DEFINITION
Washington Metropolitan Region includes District of Columbia,
counties of Montgomery and Prince Georges in Maryland,
counties of Arlington and Fairfax and cities of Alexandria and
Falls Church in Virginia.
Sec. 1-1305
WASTE DISPOSAL
Among general provisions of reorganization plan is to make
regulations to regulate design, construction, and maintenance of
disposal systems, and handling, storage, treatment, and disposal of
wastes.
Reorganization Plan No. 3, sub. sec. 143 1969 Cum. Supp.
WASTE DISPOSAL COMMISSIONERS
Commissioners are authorized to make and enforce regulations
over design, construction, and maintenance of any system of
disposal of human excreta, and handling, storage, treatment, and
disposal of human body wastes.
Sec. 6-703
WASTE DISPOSAL INCINERATORS
Commissioners shall fix date after which all combustible refuse
collected by public or private agencies shall be delivered at
incinerators for disposal. Hotels, apartment houses, business
57
-------
DISTRICT OF COLUMBIA
houses, or residents may dispose of their own refuse in their own
incinerators.
Sec. 6-507
58
-------
FLORIDA
ACCUMULATED MATERIALS BURNING
Fire chief may authorize; liability for damages; penalty for refusal
to obey order to burn; compensation for aid in controlling fires;
police powers.
379.10
ADULTERATED OR MISBRANDED ARTICLES
EMBARGOING AND RESTRICTION
Authorization, marking of articles; notice: judicial order for
condemnation necessary; destruction procedure; fees and
expenses; bond; condemnation of perishables as human food.
500.06
AIR AND WATER POLLUTION CONTROL ACT
Declaration; definitions; commission: meetings, hearings, pro-
cedures; duties, director; other State agencies; inspections;
classification and reporting; confidential records; enforcement;
mjunctive relief; civil liability; compliance with rules and orders of
commission; prohibition, violation, penalty, intent; judicial
review; local programs; construction in relation to other law,
variances; regulations validated; pending proceedings; attorney
general, classification for tax purposes; safety clause; laws
repealed.
403.011 through 403.261 Cum. Supp.
AIK AND WATER POLLUTION CONTROL ACT
CONSTRUCTION IN RELATION TO OTHER LAW
Limitations and restrictions.
403.191 Cum. Supp
AIR AND WATER POLLUTION CONTROL ACT
DEFINITIONS
Commission; director; pollution; waters; contamination; water;
treatment works; disposal systems; sewerage system; installation;
plant; source; person.
403.031 Cum. Supp.
MR AND WATER POLLUTION CONTROL ACT
ENFORCEMENT
Notice; hearing; orders; proceedings
403 121 Cum. Supp
AIR AiNI) WATER POLLUTION CONTROL ACT
C-KANTING OF VARIANCES
Criteria for granting variances; hearings, other limits proscribed
by commission.
403.201 Cum Sup.
AIR AND WATER POLLUTION CONTROL ACT
VIOLATIONS AND PENALTIES
Offenses; fines.
Senate Bill #300 1970 Session Laws
AIR AND WATER POLLUTION CONTROL
COMMISSION CREATION
Composition; compensation.
403.041 Cum. Supp.
AIR AND WATER POLLUTION CONTROL
COMMISSION DIRECTOR
Powers and duties.
403.071 Cum. Supp.
AIR AND WATER POLLUTION CONTROL
COMMISSION HEARINGS PROCEDURE
Meetings; hearings; subpoena powers.
403.051 Cum. Supp.
AIR AND WATER POLLUTION CONTROL
COMMISSION HEARINGS PROCEDURE AMENDED
Quorum.
403.051 Cum. Supp. Senate Bill #301 1970 Session Laws
AIR AND WATER POLLUTION CONTROL
COMMISSION INSPECTIONS
Authority; right of entry; report
403.091 Cum Supp.
AIR AND WATER POLLUTION CONTROL
COMMISSION POWERS AND DUTIES
Planning; technical services; hearings; orders; field studies;
standards; permits: education; specifications for containers of
industrial waters.
403.061 Cum. Supp.
ANIMALS DISEASED DESTRUCTION BV
DEPARTMENT OF AGRICULTURE DIVISION OF
PLANT INDUSTRY
Authorization; not applicable to game animals.
585.16 Cum. Supp
ANIMALS DOMESTIC CONDEMNATION AND
DESTRUCTION
Appiaisal of property; refusal of owner to comply; destruction
p'ccedure, costs.
585.09
59
-------
FLORIDA
ANIMALS INFECTED CONDEMNATION AND
DESTRUCTION AND BARNSGENERAL POWERS OF
DEPARTMENT OF AGRICULTURE
Authorization; infected animals of carcasses and infected areas
where animals are kept.
585.08 (3)(c), (4), (5)
AQUATIC PLANTS IMPORTATION
Prohibited without permit; administrative procedure; penalties;
effective date.
House Bill #364 1969 Session Laws
AUTOMOBILE JUNKED OR ABANDONED DUMPING
ON HIGHWAYS
Prohibited.
Senate Bill #1072 1970 Session Laws
BEES INFECTED DESTRUCTION
Authorization.
586.13
BOARDING HOUSE WATER SUPPLY AND
DISPOSAL OF SEWAGE AND REFUSE
Inspection by board of health; fines.
385.02
BODIES DEAD DISPOSAL OF UNCLAIMED
90 day limit; unit, excess number of bodies, procedure;
responsibility for; identification; burial.
245.07, 245.06 DEAD BODIES DISPOSITION
Cremation by person(s) having charge of body.
245.15
BODIES DEAD DISPOSAL OF UNCLAIMED BY
COUNTY
Authorization; waiting period; disposal; costs.
125.44 Cum. Supp.
BUILDING AND ZONING REGULATIONS ADOPTION
BY COUNTY
Authorization; limited to unincorporated areas.
i 133 01 Cum. Supp.
BUILDING UNSAFE DEMOLITION AND REMOVAL
IN CITY OF KEY WEST
Authorization; hens.
House Bil! #5136 1970 Session Lawn
BURIAL PERMITS
Required; records; expiration date.
382.14
BURROWING NEMATODES ERADICATION BY
DEPARTMENT OF AGRICULTURE
Destruction of host trees; compensation to owners, hearings,
appeals; hearings on rules
581.152, 581. 152 Cum. Supp.
CARCASSES DISPOSAL
Recording required before disposal; fines for violation.
350.5;
60
CITRUS FRUIT IMMATURE RESTRICTIONS
Required; exceptions; further regulations.
601.44
CITRUS FRUIT PRESENCE OF ARSENIC
DESTRUCTION
Required; grapefruit an exception; further regulations.
601.97
CITRUS FRUIT UNWHOLESOME DESTRUCTION
Required; cooperation of fruit owner with fruit inspector.
601.54
CLINICAL LABORATORIES SANITARY CONDITIONS
State Board of Health may establish standards.
483.051 (9)
COMMUNITY REDEVELOPMENT ACT OF 1969
CITATION
Short title.
Senate Bill $513, s.l 1969 Session Laws
COMMUNITY REDEVELOPMENT ACT OF 1969
POWERS OF COUNTIES AND MUNICIPALITIES
Acquisition of property; inspection; blights, relocation
residents; planning funding; administration.
Senate Bill #513, s.9 1969 Session Laws
of
CONTAMINANT SOURCES CLASSIFICATION
Power of commission to classify and require reporting of specific
information by contaminant sources.
403.101 Cum. Supp
CORAL SPRINGS IMPROVEMENT DISTRICT
CREATION
Change from coral springs drainage district.
House Bill #5320, s.l 1970 Session Laws
CORAL SPRINGS IMPROVEMENT DISTRICT
POWERS
Contracts, eminent domain; reclamation; waterways; drainage
requirements: finances; equipment; bridges, culverts, tales; liens;
administration; cooperate with other districts; hiring; roadways;
leasing; water supplies; sewer systems, waste treatment; bonds.
House bill #5320, s.9 1970 Session Laws
COUNTY WATER AND SEWER DISTRICT LAW
Legislative intent; definitions; districts; elections; circuit court;
district board; revenue bonds; rates; trust funds; covenant or
district boards with bond holders; hens; general obligation bonds;
tax assesson; notice of issuance of bonds; assessable im-
provements; certificates of indebtedness; annual reports; tax-
exemption; contracts for construction; ad valorem tax; free water
and sewer services prohibited; district approval of construction.
153.50 through 153.88 Cum. Supp.
COUNTY WATER SYSTEM AND SANITARY SEWER
FINANCING LAW
Definitions; general powers; construction of facilities; special
assessments; bonds; bids; service changes; collections; application
-------
FLORIDA
of revenues; trust funds; remedies; tax-exemption; private water
supplies; alternative method.
153.01 through 153.20
DEPARTMENT OF AIR AND WATER POLLUTION
CONTROL CREATION
Composition; transfer of air and water pollution control
commission to department, transfer of powers and duties of State
Board of Health relating to pollution transferred to department;
limits of powers.
Senate Bill #650, s.26, 1970 Session Laws
DITCHING FILLING OF LAND BY CITY COUNCILS
Authorization; purposes.
767.07
DUMPS ACQUISITION OF LAND FOR BY COUNTY
Authorization.
125.31 Cum Supp.
EMINENT DOMAIN CITIES
Authorization; purposes.
167.65
EMINENT DOMAIN COMPANIES OWNING AND
OPERATING SEWER SYSTEMS
Authorization.
567.07
EMINENT DOMAIN EXERCISE BY WATERWORKS
COMPANIES
Authorization; right to property contiguous to water used.
361.04
FIRE HAZARDS PROHIBITION
Brush and trash piled within 100 feet of roadway.
379.07
FIRE MARSHALL POWERS AND DUTIES
Prevention; alarm systems; other regulations; transportation of
radioactive materials; handling and storage.
633.05 Cum. Supp.
GARBAGE COLLECTION AND DISPOSAL POWER
BY CITY COUNTIES
Authorization; ratification of collection contract by voters;
election notices.
767.07
GARBAGE COLLECTION AND DISPOSAL FRANCHISE
WALTON COUNTY
Districts; franchise procedure; rates; regulations, collection
system, damages; sanitary land fill; contracts for collection;
penaHy; tax; referendum.
House Bill #5442 1970 Session Laws
GARBAGE DISPOSAL REGULATIONS POWERS AND
DUTIES OF QUADRICENTENNIAL COMMISSION
Authorization; charges; violations a nuisance.
13.62
GARBAGE FEEDING TO ANIMALS PROHIBITION
Policy and purpose; definitions; garbage feeding prohibited unless
sterilized; permits; collection, transportation of garbage; permit
revocation; penalties for violation.
585.48 through 585.59
EMINENT DOMAIN MUNICIPAL PUBLIC WORKS
Authorization for municipality, private company oil corporation.
Vol 9A, 180.22
ENVIRONMENTAL CONTROL BOARD PALM BEACH
COUNTY
Authorization; organization; intent; hearing board; en-
vironmental control officer; definitions; prohibitions against
environmental degradation; violations a misdemeanor; civil
prosecution for refusal to obey orders of hearing board; remedies
and penalties, appeals; budget service fees; exemptions.
House Bill #5232 1970 Session Laws
EXPLOSIVES CONFISCATION AND DISPOSAL
Notice by State fire marshal!; confiscation; hearing; disposals;
costs.
5.57.27 Cum. Supp.
EXPLOSIVES LICENCE TO TRANSPORT
Required exeptions
552 12
EXPLOSIVES, FLAMMABLES, RADIOACTIVE
MATERIALS TRANSPORTATION
Marking; fire equipment required; additional rules; not applicable
to liquified petroleum gas.
577977
GARBAGE REFUSE DUMPING ON PUBLIC LANDS
Prohibited; misdemeanor; enforcement.
821 36
GREASES, OILS, LIQUID FUELS DISPOSAL BY
DEPARTMENT OF AGRICULTURE
If improperly marked; may be destroyed ;f unusable.
House Bill #3553 1970 Session Laws
HAZARDOUS SUBSTANCES CONTROL
Definitions; determinations, variations, exemptions; prohibitions,
penalties, miunctions; embargo, seizures records; reports.
Senate Bill #374 1970 Session Laws
HIGHWAYS DUMPING TRASH
Prohibited; penalty.
339.29
JUNK DEALERS LICENSE REQUIREMENT
PENALTIES
Definitions license tax; records; prohibitions, penalties.
205.371 Cum Supp.
JUNK DEALERS RECORDS
Required penalties.
Senate Bill #327 1970 Session Laws
61
-------
FLORIDA
LAND FILLING AND DRAINING BY OWNER
Municipality may order owners; notice; failure of owner to
comply; liens.
167.10
LITTER SURVEY TO STUDY THE CONTROL OF
Authorization.
Senate Bill #1098 1970 Session Laws
MUNICIPALITIES OR PRIVATE COMPANY
AUTHORIZED ACTIVITIES
Street channels and other bodies of water; streams; water supply;
sewage; garbage; jails; hospitals, etc.; utilities; exception.
180.06 Cum. Supp.
NUISANCE ABATEMENT AND PREVENTION BY
CITY COUNCILS
Authorization to order owners of property; filling pools; trash
accumulation; weeds; fences; other laws.
167.05
NUISANCE DEFINITIONS
Definition; may be abated and enjoined.
823.05
Definitions; power to investigate and abate.
386.041 Cum. Supp
NUISANCE INDICTMENT
Justice of peace responsible for.
823.01
NUISANCE INJURIOUS TO HEALTH
Misdemeanor.
386.051 Cum. Supp.
NUISANCE SANITARY DEFINITION
Definition.
386.01
OFFICE OF STATE PLANNING AND PROGRAMMING
CREATION
Chief planning officer; director of planning; employees.
23.011 Cum. Supp.
OFFICE OF STATE PLANNING AND PROGRAMMING
POWERS AND DUTIES
Florida State Plan; resources and development; public works;
natural resources; consulting; information.
23.012 Cum. Supp.
OIL DISCHARGE INTO STATE WATERS
Prohibited; salt waters only.
370.09
OIL SPILL PREVENTION AND POLLUTION CONTROL
ACT
Definitions; prohibitions; authority of Department of Natural
Resources; employees and equipment; costs; licenses, fees,
exceptions; Florida Coastal Protection Fund; liability, criminal
and civil penalties; derelict vessels; cooperation of State agencies;
reimbursement of State private citizens for damages; ap-
propriations.
Senate Bill #450 1970 Session Laws
PESTICIDES CONDEMNATION AND DESTRUCTION
Stop sale notice, requirements; condemnation procedure, sale or
destruction: costs.
457.09
NUISANCE ABATEMENT ENFORCEMENT
Injunction.
60.06
NUISANCE ABATEMENT ISSUANCE OF
CORRECTIVE ORDERS BY BOARD OF PUBLIC
HEALTH
Authorization; water supply; sewerage, refuse, or sewage disposal
system.
381.291
NUISANCE ABATEMENT LEGAL PROCEDURE
Iniunction; temporary injunction; evidence; liens.
60.05
PESTICIDES PERSISTENT DISPOSAL OF
CONTAINERS
Definitions; prohibitions; emergency use.
House Bill #3/88 1970 Session Laws
PESTICIDES RESTRICTED PURCHASE AND
DISPOSAL
Purchase use permits required.
House Bill #409, s.2 1969 Session Lavs
PHOSPHATE PLANTS DAMAGE TO STOCK
Se:ure fencing required; misdemeanor, civil bability.
828.11
NUISANCE ON HIGHWAYS DEFJNiTIONS
Junk; automobile graveyard; junkyard; highway; fence.
861 13
PLANNING AND ZONING BOARD ESTABLISHMENT
Composition, duties; studies; advisory capacity; term.
133.08 Cum. Supp.
NUISANCE SANITARY ABATEMENT
Notice to remove: removal procedure by Statt Health Officer;
criminal proceedings.
386.03
62
PLANNING COMMISSION POWERS AND DUTIES
Information; comprehensive plan; establish policies; hearings;
special studies.
Sencte bill #4, s6
-------
FLORIDA
PLANTS INFECTED DESTRUCTION BY
DEPARTMENT OF AGRICULTURE
Authorization; notice to owner; no damages rewarded; owner's
refusal to destroy; assessments.
581.181
PROPERTY ABANDONED DISPOSITION
Definitions; removal procedures, public and private property;
penalty for obstructing enforcement; immunity from prosecution
for enforcing officers; municipalities may adopt by reference.
Senate Bill #478 1969 Session Laws
PLANTS INFESTED DESTRUCTION BY
DEPARTMENT OF AGRICULTURE
Plants and plant products while in transit within State.
581.031
PUBLIC HEALTH BOARD ADVISING COUNTIES
MUNICIPALITIES ON WATER POLLUTION
Disposal of drainage, refuse, sewage, water purification.
381.281
PLANTS INFESTED DESTRUCTION BY
DEPARTMENT OF AGRICULTURE AMENDED
Substitute Plant Pests for Insect Pests and disease.
Senate Bill #541 1970 Session Laws
POLLUTION ABATEMENT BONDS FOR
INDUSTRIAL DEVELOPMENT AUTHORITIES
Authorization; purposes; definitions; powers of authority; ad
valorem taxes; credit; tax exemption.
Senate Bill #1469 1970 Session Laws
POLLUTION AIR AND WATER
Injunctive relief for; emergency procedure authorization.
Senate Bill #302 1970 Session Laws
POLLUTION AIR AND WATER CIVIL LIABILITY
Table of values for fish killed by pollution.
Senate Bill #378 1970 Session Laws
POLLUTION AIR AND WATER STATEMENT OF
POLICY
Prevention, abatement, control; police powers will be excercised.
403.021 Cum. Supp.
POLLUTION CONTROL AND ABATEMENT FACILITIES
BONDS
Authorization; State Board of Administration as fiscal agency;
$100,000,000 anual limit, approval of facilities financed by
department of air and water pollution control; construction and
maintenance of facilities; financing; fees for use; tax-exemption;
provisions separable; effective date.
House Bill #4523 1970 Session Laws
Authorization; rent service requirements; leases; loans to local
governmental agencies; principal.
House Bills #3853, 4040 1970 Session Laws
POLLUTION CONTROL PROGRAMS LOCAL
State approval and regulation; permits; State jurisdiction.
403.182 Cum Supp
POLLUTION WATER INJUNCTION
State Board of Health may apply for injunction; conditions for
temporary and permanent injunction; bond; damages for
improperly granted injunction.
387.10
POLLUTION WATER PENALTIES
Misdemeanor.
387.08
PUBLIC HEALTH BOARD APPROVAL OF WATER
SYSTEMS
Required refuse systems; sewage disposal systems; water supply
systems.
381.271
PUBLIC HEALTH BOARD POWERS AND DUTIES
Disposal of excreta and other waste; garbage and refuse; air
pollution; dead body disposal; power of injunction; abatement of
nuisances.
381 031
PUBLIC PROJECTS FINANCING REVENUE BOND
ACT OF 1953
Definitions; powers; projects; credit; bonds; revenues; trust
funds; alternative method; tax exemption; investment; liens;
collection; excise taxes.
159.01 through 159.19 Cum. Supp.
PUBLIC UTILITIES LICENSING OF ACTIVITY
Authorization; requirements.
125.42 Cum. Supp.
RADIOACTIVE WASTES DISPOSAL SOUTHERN
INTERSTATE NUCLEAR COMPACT
Promote safety; demonstrate, license, study, recommend;
nonregulatory authority.
290.31 (5)
REFUSE DISPOSAL CHARGES BY MUNICIPALITIES
Authorization; power to discontinue service if fee not paid.
167.73
REGIONAL PLANNING ESTABLISHMENT OF
COUNCILS
Authorization; representation; appronations.
House Bill #281 1969 Session Laws
REGIONAL PLANNING POWERS OF COUNCILS
Rules and procedure; administration; contracts; hearings; funds;
advise.
160.02 Cum. Supp.
REGIONAL PLANNING IN SOUTH FLORIDA AREAS
JOINT COMMITTEE TO STUDY
Created; hearings; powers; recommendations to legislature;
report.
House Bill #5038 1970 Session Laws
63
-------
FLORIDA
ROADS STATE INJURIOUS SUBSTANCES AND
OBSTRUCTIONS
Prohibited.
3 J 7.83 2
TAMPA BAY PREVENTION OF FILLING OF
Conservation and study development commission created;
membership, powers, administration; definition.
House Bill #4727 1970 Session Laws
ROADS STATE REMOVAL OF INJURIOUS
SUBSTANCES
Required; persons removing damaged vehicles must remove
debris.
317.833
SANITARIANS CERTIFICATES OF REGISTRATION
Required; examination.
491.10
SANITARIANS LICENSING EXAMINATIONS
Subjects.
491.09
SANITARIANS REGISTRATION
Requirements.
491.07
SANITARIANS' REGISTRATION ACT DEFINITIONS
Sanitarian; registered sanitarian; certificate of registration;
environmental sanitation; board; merit system; civil service.
491.02
SANITARIANS' REGISTRATION BOARD CREATION
Membership; term; expenses.
491.03
SEEDS CONDEMNATION AND DESTRUCTION
Right of entry by Commissioner; stop sale notice; disposal;
prohibitions.
Senate Bill #196 1969 Session Laws
SEWAGE DISPOSAL OCEAN OUTFALLS AND
WELLS
Secondary waste treatment and advanced waste treatment;
requirements.
Senate Bill #407 1970 Session Laws
SEWAGE FACILITIES CONSTRUCTION BY
MUNICIPALITIES
Authorization; levying and collecting special assessments on
benefited property.
170.01 Cum. Supp.
SEWAGE SYSTEMS CONSTRUCTION BY COUNTIES
Authorization for studies; substance of studies; public or private
property damaged in construction; use of State lands lying under
water.
153.04 Cum. Supp.
STREET SEWER POWER OF CITY COUNCILS
Authorization; compensation to parties injured by construction or
removal; assessment; payment.
167.07
64
TAXATION CLASSIFICATION OF POLLUTION
CONTROL DEVICES
Assessment of facilities; assessment when demolition or re-
construction is necessary as anti-pollution measure; provisions for
increase in assessment; facility defined; assessment for ad valorem
taxes; sales, use, and privilege taxes; referral by tax assessor to
commission; rules by commission.
403.241 Cum. Supp.
TIDEWATERS DEPOSIT OF MATERIALS IN
REGULATED
Deposit of material other than clear stone prohibited; three
characters of bulkheads permitted; other requirements.
309.01
UNDERGROUND WATERS DEFINITION
Definition.
387.01
UNDERGROUND WATERS DRAINAGE INTO
REGULATED
Must discontinue within 10 days after order by State Board of
Health.
387.05
UNDERGROUND WATERS PENALTIES FOR
DRAINAGE INTO
Misdemeanor.
387.06
UNDERGROUND WATERS PERMITS FOR
DRAINAGE INTO
Revocable and subject to change; notice; filing with clerk.
387.02
UNSANITARY CONDITIONS ABATEMENT
Inspection by State Board of Health; notice posted.
385.04
WATER COMPANIES AND SEWAGE DISPOSAL
COMPANIES LICENSE
Schedule; private exemptions; municipal corporations exempt.
205.561 Cum. Supp.
WATER POLLUTION CONTROL
Underground waters defined; permits; sewage; penalties; septic
tanks; injunction.
387.01 through 387.10
WATER POLLUTION CONTROL BOARD OF PUBLIC
HEALTH
Authorization.
381.261
-------
FLORIDA
WATER POLLUTION CONTROL AND SEWAGE
TREATMENT GRANT ACT OF 1970
Water pollution control fund to provide grants to local agencies;
grant requirements; rule of air and water pollution control board;
severability clause; appropriations.
House Bill #3854 1970 Session Laws
WATER SUPPLY INTERFERENCE WITH
Prohibited; penalties.
387.07
ZONING BY MUNICIPALITIES
Authorization.
776.02
ZONING POWER OF COUNTIES AND
MUNICIPALITIES TO ADOPT REGULATIONS
Authorization.
Senate Bill #4 s.l 1969 Session Laws
WATER SUPPLY AND SEWAGE DISPOSAL SYSTEMS
SUPERVISION BY BOARD OF PUBLIC HEALTH
Authorization.
381.261
ZONING BY MUNICIPALITIES PURPOSES
Comprehensive plan.
176.04
WATERS CONTAMINATION OF PROHIBITED
In quantites injurious to fish; exceptions; misdemeanor.
372.85
WATERS DEPOSIT OF EXPLOSIVES AND OTHER
SUBSTANCES INJURIOUS TO FISH INTO
Prohibited; exceptions.
372.75
WATERWAYS BEAUTIFICATION AND
IMPROVEMENT OF BY COUNTIES AND
MUNICIPALITIES
Authorization; taxes.
342.03
WATERWAYS AND DRAINAGE DITCHES CONTROL
OF BY BOARD OF SUPERVISIONS OF DRAINAGE
DISTRICTS
Authorization.
295.22 (/)
ZONING BY MUNICIPALITIES AND COUNTIES
PURPOSES
Districting; regulations; uniform within districts; specific uses.
Senate Bill #4, s.10 1969 Session Laws
ZONING COMMISSIONS ESTABLISHMENT
Purposes; reports; hearings.
77607
ZONING REGULATIONS ENFORCEMENT
MEASURES
Legal proceedings permitted in addition to other remedies
provided.
176.23
ZONING REGULATIONS PURPOSES
Purposes. 2CT 133.03
65
-------
GEORGIA
ANIMAL CARCASSES BURIAL
If any person shall place carcass of animal in any stream or road,
street, lane, or alley, or place any such carcass upon premises of
another without burying it so deep as to prevent all stench
therefrom, he shall be guilty of misdemeanor.
88-9923
ANIMAL CARCASSES ILLEGAL RENDERING
Any person violating provisions relating to rendering and
disposing of dead animals shall be guilty of misdemeanor.
62-9923
ANIMAL CARCASSES REGULATION
It is declared necessary:
To regulate feeding of garbage;
To regulate rendering of carcasses of dead domestic
animals;
To protect areas of state by quarantine;
To quarantine infected areas; and
To eradicate contagious and infectious diseases.
62-1701
ANIMALS QUARANTINE
Commissioner of Agriculture shall establish quarantine line
against introduction of any animals or parts thereof, when in his
judgement such quarantine is necessary for protection of livestock
of State from contagious and infectious disease.
62-1714
ANIMALS DEAD BURIAL
If domestic animal or domestic fowl shall die within two miles of
residence of the owner, he shall bury carcass.
88-9924
BOARD OF ZONING APPEALS
Any person aggrieved by any decision of board of zoning appeals
may take appeal to superior court.
69-1211.1
BODIES DEAD ILLEGAL REMOVAL
Whoever shall remove dead body of human being from any grave
for purpose of selling or dissecting or from mere wantonness shall
be punished by imprisonment.
88-9919
BODIES DEAD ILLEGAL TRAFFIC
Whoever shall engage m illegal traffic in human bodies shall be
punished by imprisonment.
88-9918
BODIES DEAD TRANSPORTATION
Any person who shall violate provisions relating to transportation
of dead bodies shall be guilty of misdemeanor.
88-9917
BRIDGE OBSTRUCTION
Any person authorized to maintain bridge or ferry over stream on
his own land, who shall close or obstruct any ford, bridge or ferry,
shall be guilty of misdemeanor.
95-99/2
CARCASSES RULES AND REGULATIONS
Every rendering plant shall act in accordance with rules and
regulations of Commissioner of Agriculture concerning collection,
transportation, distribution and processing of carcasses of dead
domestic animals or packing house refuse.
62-1711
CITIES BUSINESS REGULATION
Governing body of any city or town shall have authority to make
any and all of provisions of this chapter applicable to any business
which may be located in limits of such city or town.
52-313
CONDEMNATION
Authorized corporations or individuals shall have right and
authority to acquire by condemnation any mill, factory, dam or
other property except cotton mills or factories, or any power plant
engaged in furnishing electric current to public.
36-812
CONDEMNATION PETITION
Petition shall show right to condemn and shall describe persons
whose rights therein are to be excluded.
36-1105
CONDEMNATION POWER
Method of condemnation of property shall apply to condemnation
by all persons or corporations having privilege of exercising right
of eminent domain.
36-202
If authorized corporation or individual does not by contract
procure easement, right-of-way, or other interest in property
provided for, they shall have right to acquire or condemn same.
36-811
CONDEMNING BODY DEFINITION
Condemning body shall mean State of Georgia, or any branch of
Government of State of Georgia or any county, municipality, or
67
-------
GEORGIA
other political subdivision of State of Georgia or any housing
authority now or hereafter established which is vested with power
of eminent domain.
36-601a
DECAYING MATTER BURIAL
Owner of stale or decaying vegetable or animal matter shall bury it
so deep as to prevent any stench.
88-9925
DEVELOPMENT AUTHORITY CREATION
Development authorities are created in each county and municipal
corporation.
69-1502 1969 Cum. Supp.
DEVELOPMENT AUTHORITY LEASE OR SALE OF
PROJECTS
Development authority shall lease or sell acquired projects to
private persons or corporations.
69-1505 1969 Cum. Supp.
DEVELOPMENT AUTHORITY POWERS
Powers are:
Sue and be sued;
Adopt corporate seal;
Make and execute contracts;
Receive and administer gifts;
Acquire real or personal property;
Dispose of real or personal property;
Mortgage properties;
Issue revenue obligations;
Appoint officers;
Construct projects; and
Issue revenue bonds.
69-1504 1969 Cum. Supp.
DISPOSAL OR RENDERING PLANTS
ADMINISTRATIVE RELIEF
Any person affected by sections 62-1708 through 62-1712 shall be
required to exhaust administrative remedies provided by section
84-3207.
62-1713
DRAINAGE SYSTEM OBSTRUCTIONS
Any person who shall injure or damage, or obstruct any levee,
ditch, drain or water course shall be guilty of misdemeanor.
23-9908
DWELLINGS DEMOLITION
Any municipality may require repair, closing or demolition of
dwellings or other structures intended for human habitation which
are unfit for human habitation or which may imperil health, safety
or morals of occupants thereof or of surrounding areas.
69-1118
EMINENT DOMAIN COMPENSATION
Right of eminent domain cannot be exercised without first
providing for just compensation to owner.
36-104
If parties in eminent domain action cannot agree upon
68
compensation to be paid, same shall be assessed and determined
as provided by this chapter.
36-303
EMINENT DOMAIN DEFINITION
Right of eminent domain is right of State to reassert its domain
over any portion of soil of State.
36-101
EMINENT DOMAIN EXERCISE
Legislature may exercise right of eminent domain either directly
through officers of State, through medium of corporate bodies, or
by means of individual enterprise.
36-103
EMINENT DOMAIN MUNICIPALITIES
Municipality shall have power to acquire by eminent domain any
water system or sewage system within territorial boundaries of
municipality.
69-314
EMINENT DOMAIN NOTICE
Person seeking to condemn property shall serve notice upon owner
of property.
36-304
GARBAGE ADMINISTRATIVE RELIEF
Any person affected by sections 62-1701 through 62-1706 shall be
required to exhaust administrative remedies as provided by section
84-3207.
62-7707
GARBAGE FEEDERS INFORMATION
Every licensed feeder of garbage shall furnish Commissioner of
Agriculture with information regarding collection, transportation,
distribution and processing of garbage.
62-1704
GARBAGE FEEDERS LICENSE REVOCATION
Every licensed feeder of garbage who violates laws promulgated
by Commissioner of Agriculture shall have his license revoked,
canceled or suspended.
62-7705
GARBAGE FEEDERS LICENSING
No person shall feed garbage without first having obtained license
from Commissioner of Agriculture.
62-7 70.?
GARBAGE FEEDERS PROCESSING
It shall be unlawful for any person to feed garbage to animals
unless such garbage has been freed of any infectious or contagious
disease.
62-7702
GARBAGE FEEDING TO ANIMALS
Any person violating provisions relating to feeding of garbage to
animals shall be guilty of misdemeanor.
62-P922
-------
GEORGIA
HIGHWAYS OBSTRUCTIONS
Any person who shall .obstruct public highway shall be guilty of
misdemeanor.
26-8106
No person shall throw or deposit upon any street or highway any
glass bottle, glass, nails, tacks, wire, cans, rubbish, garbage, trash,
or other dangerous or unsightly material which is likely to injure
any person, animal, or vehicle upon such street or highway.
68-1679
HOTELS REVOCATION OF LICENSE
Any person convicted of violating this chapter may have their
license revoked.
52-309
HOTELS SANITATION
Any hotel or inn violating sanitary provisions of this chapter will
be guilty of misdemeanor.
52-9902
HOTELS AND TOURIST CAMPS INSPECTION
Every hotel, tourist camp and similar place shall be subject to
inspection by State Board of Health and county health authorities
in county in which such business is operated.
52-305
JEKYLL ISLAND LEASE AND SALE OF LOTS
Lease and sale of lots on Jekyll Island shall be under restrictive
limitations of Authority.
43-611a
JEKYLL ISLAND LEASE OF LOTS
Lots on Jekyll Island may be leased by application to Authority.
43-612a
No more than three lots may be leased by anyone except
Authority on Jekyll Island.
43-611a.2
JEKYLL ISLAND SALE OF LOTS
Authority shall not sell any real property on Jekyll Island on
which buildings were standing at time said island was leased to
Authority without approval of General Assembly.
43-61la.4
JEKYLL ISLAND SALE OF SUBDIVISIONS
Authority is empowered to lease or sell subdivisions of land area
of Jekyll Island.
43-610a
MOTOR VEHICLE ABANDONED DEPARTMENT OF
PUBLIC SAFETY
Upon completion of sale or disposition of abandoned motor
vehicle, wrecking company shall furnish Department of Public
Safety with pertinent information.
68-1809 1969 Cum. Supp.
MOTOR VEHICLE ABANDONED DISPOSAL
Abandoned motor vehicles may be disposed of by public sale.
68-1808 1969 Cum. Supp.
MOTOR VEHICLE JUNKED CLAYTON COUNTY
Sheriff's Department or Police Department of Clayton County
may remove any abandoned, junk, wrecked or unattended motor
vehicles.
1970 Session Laws, House Bill No. 1631
MUNICIPAL PLANNING BOARD
Each municipality shall apoint board known as municipal
planning board. Any citizen may be appointed to membership.
69-803
MUNICIPAL PLANNING BOARD COOPERATION
Planning boards have authority to cooperate with planning and
zoning boards of other counties, cities, villages, or other
municipalities.
69-507
MUNICIPAL PLANNING BOARD COUNTIES
Municipal governing authority may form planning board in
conjunction with county in which such municipality is located.
69-804
MUNICIPAL PLANNING BOARD INFORMATION
All State officials having information pertinent for municipal
zoning and planning are directed to make such information
available for use of planning board.
69-806
MUNICIPAL PLANNING BOARD OFFICIAL
Governing Authority may designate municipal planning board as
official planning board of county.
69-808
MUNICIPAL PLANNING COMMISSION
Governing authority of each municipality is authorized to create
by ordinance municipal planning commission. Members shall be
appointed by governing authority creating commission.
69-1201
JUNK DEALERS RECORDS
Junk dealers are required to keep record of information
concerning sale of certain items.
1970 Session Laws, House Bill No. 1091
LAND ACQUISITION GEORGIA FORESTRY
COMMISSION
Commission shall have right to acquire by condemnation such
lands within State as may be deemed necessary and proper.
43-207
MUNICIPAL PLANNING COMMISSION BUILDINGS
Regulations concerning erection of buildings.
69-1221
MUNICIPAL PLANNING COMMISSION
MISCELLANEOUS POWERS
Planning Commission shall have such powers as may be necessary
to enable it to perform its functions and promote planning of its
political jurisdiction.
69-1204
69
-------
GEORGIA
MUNICIPAL PLANNING COMMISSION POWERS
Municipal planning commission shall have following powers:
1. prepare master plan;
2. prepare zoning ordinance;
3. prepare regulations for subdivision of land; and
4. prepare official map.
69-1203
MUNICIPALITIES ADDITIONAL POWERS
Municipalities shall have general powers concerning use of
buildings and land and municipal planning.
69-801
MUNICIPALITIES LEASING OF LAND
Governing body of any city, town or county may lease lands or
buildings on its own initiative.
69-602
MUNICIPALITIES PLAN
Municipalities shall make regulations in accordance with a
comprehensive plan.
69-502
MUNICIPALITIES POWERS
Municipalities have power to:
Establish municipal officers;
Establish municipal systems;
Contract;
Legislate; and
Grant franchises.
69-570
General Powers of Municipalities:
Provide authority;
Provide local self-government; and
Relieve General Assembly.
69-J09
NUISANCE ABATEMENT
Any person who after notice continues a nuisance shall be guilty
of misdemeanor.
72-9907
OYSTER BEDS CONDEMNATION
If State Department of Health discovers that any oyster bed is
subject to pollution, it shall immediately condemn such area or
bed.
45-926
OYSTER BEDS PROVISION VIOLATION
Any person convicted of violation of provisions which provides for
inspection of oyster beds by Department of Health, shall be guilty
of misdemeanor.
45-927
PLANNING DEPARTMENT
Governing authority may create planning department and transfer
to it all functions, powers and duties of planning commission.
69-1201.1 Cum. Supp.
PROPERTY COMPENSATION
If corporation or persons cannot by contract procure property
useful, needful, and necessary for public purposes, said
corporation or person may take or damage said property, upon
paying or tendering to owner just and adequate compensation.
36-302
PROPERTY PRIVATE TAKING
All persons authorized to take or damage private property for
public purposes shall proceed in accordance with this act.
36-301
RAILROAD OBSTRUCTION
Any person who obstructs any railroad shall be imprisoned.
26-7313
RAILROAD OBSTRUCTION DEATH
If dealth ensues during course of illegal railroad obstruction,
offender shall be guilty of murder.
26-7314
RENDERING OR DISPOSAL PLANT DEFINITION
Rendering plant-any plant where carcasses of domestic animals or
packing house refuse or other refuse is purchased, received or
unloaded and where such carcasses or refuse are processed for
purpose of obtaining hide, skin, grease, residue or any other by-
product from said animals or refuse in any way whatsoever.
62-7705
RENDERING PLANTS LICENSE REVOCATION
Every licensed rendering plant which violates laws promulgated
by Commissioner of Agriculture shall have its license revoked,
canceled or suspended.
62-77/2
RENDERING PLANTS SANITATION
It is unlawful to operate rendering plant unless facilities meet
sanitary specifications.
62-7709
SLAUGHTERHOUSES SANITARY REGULATIONS
Any person violating sanitary regulations for slaughterhouses shall
be guilty of misdemeanor.
42-9908
STREET OBSTRUCTION
Municipality may not grant right to erect or maintain structure or
obstruction in public street.
69-304
PLANNING BOARD PLANNING EXPERT
Governing authority may employ services of competent engineer
or expert in municipal planning and zoning.
69-509
70
TIMBER DRIFTED DISPOSAL
No person shall dispose of any drifted timber on pain of paying
for such offense.
5-605
-------
GEORGIA
TRASH DUMPING
Any person who shall wilfully empty, dump, or otherwise place
any trash or other discarded materials upon the right of way of
any public road, State-aid road, State highway, or upon lands of
another shall be guilty of misdemeanor.
26-8119
WATERWORKS CORPORATIONS
Corporations operating waterworks shall have right, power,
privilege, and authority to lease, purchase, or condemn land,
receive donations, grants, easements, or other uses of land for
purposes of constructing and carrying on waterworks.
16-901
ZONING AMENDMENT
Zoning ordinance may be amended by municipal planning
commission; public hearings and official notice are required.
69-1210
Governing authority may amend any zoning regulation.
69-814
ZONING BOARD OF APPEALS
Governing authority may create Board of Zoning Appeals.
Appeals to Board may be taken by aggrieved persons.
69-1211
ZONING CONFLICT
Whenever regulations of this chapter conflict with any other
statute, regulations made under authority of this chapter shall
govern.
69-1213
ZONING ENFORCEMENT
Governing authority may provide for enforcement of this chapter
by means of withholding of building permits and occupancy
permits.
69-72/2
ZONING INTENT
Regulation of land subdivision is for public health, safety, morals
and general welfare of cities and counties of State.
69-1214
ZONING NOTICE
Before enacting zoning ordinances, county shall hold a public
hearing.
69-1209
ZONING PLAN
Municipal planning board shall make a zoning plan for
certification by governing authority of municipality.
69-810
Whenever municipal planning commission makes and certifies to
its governing authority a zoning plan, then governing authority of
municipality or county may exercise powers granted to them in
section 69-1207.
69-1208
ZONING POWER
Governing authorities are impowered to regulate concerning
buildings and structures.
69-1207
71
-------
-------
GUAM
BUILDING AND GROUNDS SANITARY CONDITION
Rubbish, garbage cleared; weeds cut.
10:6-9526
CARCASSES PREPARATION REQUIRED BEFORE
USE AS FERTILIZER OR ANIMAL FEED
Sterilization.
10:6-9529
CEMETERIES AND BURIAL REQUIREMENTS
Graves; records; hours; acquisition of land.
10-.-9505
DEPARTMENT OF LAND MANAGEMENT
AUTHORITY
Shall have cognizance of a government real property.
14:6-13002
GARBAGE STORAGE
Household waste only; covers; grass, dirt, leaves; industrial,
commercial rubbish responsibility of proprietor.
10:6-9515
PUBLIC HEALTH AND SANITATION SUPERVISION
Director of Medical Services has general supervision of the public
health and sanitation.
70:6-9500
RESTAURANTS SANITARY REGULATION
Floors; walls and ceilings; toilet rooms; screens; rat protection;
range vents.
32:11-32006
SLAUGHTERING PERMITS
Fees.
/ 0:5-9401
SLAUGHTERING REQUIREMENTS
In abattoir; supervision of abattoir contractor or government
employee; hours.
10:5-9400
THEATER FREE OF OBSTRUCTIONS
Only when open to public.
9:3-8202
GARBAGE RECEPTACLES FLYPROOF
Approval by Director of Medical Services.
10:6-9514
ZONE BOUNDARIES RULES GOVERNING
Interpreation of zoning map.
18:2-17051
GOVERNMENT PROPERTY REGULATION OF
LEASES
Length of lease; rent; agricultural purposes; consent of board;
approval by Attorney General; records.
14:6-13514
GOVERNMENT PROPERTY REAL SALE
Land transfer Board of Guam authorized; public auction.
14:6-13515
ZONE REGULATIONS BUILDINGS MUST CONFORM
TO
No other use permitted.
18:3-17100
ZONING AREAS PURPOSES SPECIFIED
One-family dwelling; multiple dwelling; automobile parking ;
commercial; limited industrial; industrial.
18:3-17102-17107
NUISANCE ABATEMENT RESPONSIBILITY OF
DIRECTOR OF MEDICAL SERVICES
Inspection; order to abate.
10:6-9504
ZONING DIVISIONS
Divisions named; zoning map part of law; gradual adoption of
map.
18:2-17050
73
-------
HAWAII
AIR POLLUTION CONTROL AMORTIZATION OF
FACILITIES
All of gross proceeds arising from, and all of amount of tangible
personal property furnished in conjunction with pollution control
facilities shall be tax exempt.
Senate Bill No. 1007, 1970 Session Laws
Every person is entitled to deduction with respect to amortization
of amortizable basis of any certified pollution control facility.
Senate Bill No. 986, 1970 Session Laws
AIR POLLUTION CONTROL DEPARTMENT OF
HEALTH APPEAL
Any person aggrieved by department may appeal to circuit court.
19-322-73
AIR POLLUTION CONTROL DEPARTMENT OF
HEALTH CONFIDENTIAL INFORMATION
Any member of department who divulges confidential information
without authorization shall be fined not more than $ 1,000.
19-322-66
AIR POLLUTION CONTROL DEPARTMENT OF
HEALTH COUNTY ADVISORY AIR POLLUTION
CONTROL ASSOCIATIONS
Department may organize county advisory air pollution control
association to study air pollution problems of the county.
19-322-67 1969 Cum. Supp.
AIR POLLUTION CONTROL DEPARTMENT OF
HEALTH ENFORCEMENT
Upon complaint of violation of department's rules or regulations,
department may issue written notice requiring person so
complained against to answer charges of such complaint at
hearing.
19-322-69 1969 Cum. Supp.
AIR POLLUTION CONTROL DEPARTMENT OF
HEALTH FEES
Department may provide fees for issuance of permits.
19-322-65 1969 Cum. Supp.
AIR POLLUTION CONTROL DEPARTMENT OF
HEALTH GENERAL POWERS
Department may make, amend and repeal rules and regulations
controlling and prohibiting air pollution.
19-322-62
AIR POLLUTION CONTROL DEPARTMENT OF
HEALTH INJUNCTIVE RELIEF
Department may institute civil action in court of competent
jurisdiction for injunctive relief against violation of its rules and
regulations.
19-322-71 1969 Cum. Supp.
AIR POLLUTION CONTROL DEPARTMENT OF
HEALTH NONLIABILITY
No member of department shall be criminally liable for acts done
in performance of his duties.
19-322-75
AIR POLLUTION CONTROL DEPARTMENT OF
HEALTH OTHER ORDINANCES
No ordinance or regulation of any governing body of county not
inconsistent with this part shall be superseded by this part.
19-322-77
AIR POLLUTION CONTROL DEPARTMENT OF
HEALTH OTHER PENALTIES
Any person obstructing inspection by department shall be fined
not more than $500.
19-322-79
AIR POLLUTION CONTROL DEPARTMENT OF
HEALTH OTHER POWERS
Powers granted to department under this part shall not affect
powers granted to department under other legal provisions.
19-322-78
AIR POLLUTION CONTROL DEPARTMENT OF
HEALTH SPECIFIC AREAS
Rules and regulations of department may designate specific areas
for control of air pollution.
19-322-63
AIR POLLUTION CONTROL DEPARTMENT OF
HEALTH SPECIFIC POWERS
Department shall have power to:
1. Set up programs of air pollution control;
2. Conduct and supervise research programs;
3. Conduct and supervise State-wide programs;
4. Issue permits;
5. Inspect buildings;
6. Receive complaints;
7. Conduct investigations;
8. Cooperate with and receive money from Federal or local
governments;
75
-------
HAWAII
9. Establish ambient air quality standards;
10. Require air pollution control equipment for motor
vehicles.
19-322-64 and 19-322-64 Cum. Supp.
AIR POLLUTION CONTROL DEPARTMENT OF
HEALTH TECHNICAL DEFECT
No rule or regulation of department shall be declared invalid
because of technical defect.
19-322-74
AIR POLLUTION CONTROL ORDERS BY
DEPARTMENT OF HEALTH
Department may order person violating rules or regulations of
department to take necessary measures to correct violation.
19-322-70
AIR POLLUTION CONTROL OTHER ACTIONS BY
DEPARTMENT OF HEALTH
No existing civil or criminal remedy shall be excluded or impaired
by this part.
19-322-76
AIR POLLUTION CONTROL VARIANCES GRANTED
BY DEPARTMENT OF HEALTH
Department of Health shall grant required variances.
19-322-68 1969 Cum. Supp.
ANIMAL SLAUGHTER CERTIFICATION
Board of Health may issue certificates of sanitation to
slaughterhouses, meat processors and animal food manufacturers.
11-159-11 1969 Cum. Supp.
ANIMAL SLAUGHTER LICENSE
It is unlawful to engage in slaughter of cattle, sheep, swine, goats,
horses, mules and other equmes or manufacturing or processing of
meat or meat products without a license.
11-159-12 1969 Cum. Supp.
ANIMALS DESTRUCTION
Department of Agriculture may make and amend rules and
regulations for the inspection, quarantine, disinfection, or
destruction of animals and premises and effects used in
connection with such animals. Included therein may be rules and
regulations governing control and eradication of transmissible
diseases of animals, and rules and regulations governing
transportation of animals between different islands of State and
along highways thereof.
11-142-2
ANIMALS IMPOUNDING DISPOSITION
City council may provide public pounds to regulate impounding of
stray animals and fowl, and disposition thereof.
6-70-76
ANIMALS DISEASED DESTRUCTION
Department of Agriculture may quarantine any domestic animal
known to be affected with or have been exposed to any
contagious, infections or communicable disease, and destroy the
same when necessary to prevent spread of disease.
11-142-6
76
ANIMALS INJURED DESTRUCTION
Whenever any domestic animal is so severely injured that there is
no reasonable probability that its life or usefulness can be saved,
the animal may be immediately destroyed by any police officer.
38-722-11
ANIMALS INJURIOUS DESTRUCTION
Any animals that might cause damage or become injurious or
detrimental to agricultural or horticultural industries or to forests
of the State shall be seized immediately upon discovery and be
destroyed.
House Bill No. 653, 1970 Session Laws
ANIMALS TUBERCULIN SLAUGHTERING
Department of Agriculture shall see to the slaughter of all cattle
reacting to tuberculin test.
11-142-18
AUTOMOBILE GRAVEYARDS DEFINITION
Automobile graveyard means any establishment or place of
business which is maintained, used or operated, for storing,
keeping, buying, or selling wrecked, scrapped, ruined, or
dismantled motor vehicles or motor vehicle parts.
15-264-83(1)
BAGASSE FUEL
Department of Planning and Economic Development is requested
to conduct study on feasibility of extensive use of bagasse as fuel
for generation of electricity on island of Hawaii.
House Resolution No. 163, 1970 Session Laws
BOARD OF LAND AND NATURAL RESOURCES
Board shall control landscaping and architecture of enterprises
and protect public against creation of nuisances of smoke, soot,
irritating odors and gases, and harmful wastes.
12-171-41
BOARD OF WATER SUPPLY BOND SALES BY
HAWAII COUNTY
Sale of bonds for purposes of board of water supply shall be
subject to approval of county board of supervisors.
6-54-61
BOARD OF WATER SUPPLY CREATION
There shall be a board of water supply for each county.
6-54-12
BOARD OF WATER SUPPLY HAWAII COUNTY
There shall be a board of water supply of the county of Hawaii.
6-54-51
BOARD OF WATER SUPPLY HAWAII COUNTY
RATES
Board of water supply of Hawaii county may fix and adjust rates
and charges for furnishing of water and water services.
6-54-63
BOARD OF WATER SUPPLY POWERS AND DUTIES
Board of water supply shall manage, control, and operate
-------
HAWAII
waterworks of county, and shall collect, receive, expend, and
account for all sums of money derived from operation thereof.
6-54-15
BOARD OF WATER SUPPLY RATES
Board of water supply may fix and adjust rates and charges for
furnishing water and water service.
6-54-26
BOARD OF WATER SUPPLY REVENUE BOND
SALES
County treasurer shall, when so directed by board of water supply,
sell bonds for acquisition, construction, replacement, extension, or
completion of waterworks.
6-54-22
BOARD OF WATER SUPPLY RULES AND
REGULATIONS
Board of water supply may make rules and regulations relating to
management, control, operation, preservation, and protection of
waterworks of county.
6-54-33
BODIES DEAD DISPOSAL
Coroner's physician may order cremation of remains of any dead
person, the remains of which constitute an immediate menace to
public health.
37-715-16
BODIES DEAD PERMIT FOR REMOVAL
Dead body shall not be disposed of or removed from registration
district until permit has been issued by local agent of Department
of Health.
; 9-338-2 3
BODIES DEAD PERMIT FOR TRANSPORTATION
Permit is required to authorize transportation of dead body into or
through this State.
19-338-24
BUILDING DEMOLITION BY MAUI COUNTY
Chief engineer may direct any buildings to be demolished to
prevent spreading of fire.
6-66-53
BUILDING DEMOLITION BY REDEVELOPMENT
AGENCIES
Redevelopment agencies may cause demolition, removal, or
rehabilitation of buildings where necessary to eliminate un-
healthful, unsanitary or unsafe conditions.
6-53-51
BUREAU OF SEWERS AND SANITATION HAWAII
COUNTY REVENUES
All revenues received by bureau of sewers and sanitation of
Department of Public Works shall be appropriated for sole use of
bureau for construction, extension, replacement, and maintenance
of sewer and garbage collection and disposal systems in county of
Hawaii.
6-64-95
BURIAL INDIGENTS
Burial of mdigents is declared a State function and responsibility.
4-27-1 1969 Cum. Supp.
CHIMNEYS REGULATION BY HONOLULU
City council may regulate construction of chimneys and smoke-
stacks and compel building and cleaning of same, and regulate
and prevent emission of dense smoke, soot, or poisonous gases
therefrom and declare same a nuisance.
6- 70-68
CLEARING VACANT LOTS IN HAWAII COUNTY
Board of supervisors shall enact and enforce all ordinances
necessary to compel clearing of unoccupied lots of refuse and
uncultivated undergrowth when lots become, or are likely to
become, fire, health, or crime hazards.
6-64-4
CORONERS BURIAL OF INDIGENTS
Coroner shall cause bodies of mdigents to be decently buried.
37-715-10
BUILDING DEMOLITION BY COUNTIES
Whenever any county finds that there exists in urban areas in
county dwellings which are unfit for human habitation or
dangerous or detrimental to health, safety, or welfare, county may
require or cause repair, closing or demolition or removal of such
dwellings.
House Bill No. 1028, 1970 Session Laws
BUILDING DEMOLITION BY HAWAII COUNTY
Chief engineer may direct any building to be demolished to
prevent spreading of fire.
6-64-82
BUILDING DEMOLITION BY KAUAI COUNTY
Chief engineer may direct any buildings to be demolished to
prevent spreading of fire.
6-65-55
COSMETICS DESTRUCTION OF ADULTERATED OR
MISBRANDED
If court finds that detained or embargoed article is adulterated or
misbranded the article shall be destroyed at expense of claimant.
19-328-26
COUNTY POWERS AND LIMITATIONS
Each county shall have the following powers and liabilities:
1) Sue and be sued;
2) Acquire real and personal property;
3) Acquire buildings for county purposes;
4) Make contracts;
5) Establish and maintain water and sewer works;
6) Build and regulate institutions;
7) Purchase school books;
8) Prohibit loans;
9) Prohibit claims;
10) Each county shall be a body corporate.
77
-------
HAWAII
6-61-2
COUNTY PLANNING COMMISSION
Any county with population under 100,000 shall create county
planning commission to:
a) Formulate master plan;
b) Formulate subdivision and zoning regulations; and
c) Recommend establishment of building zones.
6-46-5
DEBRIS UNLAWFUL SCATTERING
No one shall scatter, throw, or permit to be thrown any waste
material from outdoor advertising devices.
25-445-116
DEPARTMENT OF HEALTH AUTHORITY TO MAKE
REGULATIONS
Department of Health may make such regulations as it deems
necessary for public health and safety.
19-321-11
DEPARTMENT OF PUBLIC WORKS KAUAI COUNTY
Department of public works shall have charge of all county
matters relating to engineering public construction, public
improvements, building operations and inspections, public works,
and the repair and maintenance of public buildings.
6-65-77
DEPARTMENT OF PUBLIC WORKS MAUI COUNTY
Department of public works shall have charge of all county
matters relating to engineering public construction, public
improvements, building operations, and inspections, public works,
and repair and maintenance of public buildings
6-66-77
DEPARTMENT OF PUBLIC WORKS HAWAII COUNTY
POWERS AND DUTIES
Department shall have powers and duties relating to:
1) Public building construction;
2) County sewer systems;
3) Public highways, bridges and streets;
4) Public surveys, plans and blueprints.
6-64-91
DEPARTMENT OF TRANSPORTATION PERMITS
No person shall erect or place any structure or similar object, or
sink any type of watercraft or other sizeable object, or abandon
any type of watercraft or other sizeable object, either sunk or
unsunk, on or within shores or shore waters of State without
written permit from Department of Transportation.
75-266-76
DOGS STRAY
Every person who takes into his possession any stray dog shall
immediately notify dog warden and release dog to dog warden
upon demand.
11-143-10
DOGS UNLICENSED
Every officer shall seize any unlicensed dog found running at large
and confine it in a pound for a period of forty-eight hours, during
78
which time it shall be subject to redemption by its owner by
payment of license due.
11-143-8
DOGS DISEASED DISPOSAL
All dogs taken into custody of dog warden, unfit for further use or
dangerous to keep impounded may be forthwith humanely
destroyed.
11-143-13
Any police officer may seize and kill any dog running at large
which is so obviously diseased as to be a menace to health of
persons or animals.
11-143-12
DOGS SEIZED DESTRUCTION BY COUNTIES
Any county may contract with any society or organization formed
for prevention of cruelty to animals for destruction or other
disposition of seized dogs.
11-143-15
DWELLINGS UNSANITARY
Every person who keeps his dwelling in so filthy a state as to be a
nuisance or who refuses to remove any nuisance shall be fined not
more than $30 or be imprisoned not more than thirty days.
19-322-54
ECONOMIC POISONS DEFINITION
Economic poison means:
A) Any substance or mixture of substances intended for
preventing, destroying, repelling, or mitigating any insects,
rodents, nematodes, fungi, weeds, or other forms of plant
or animal life or viruses which board of agriculture shall
declare to be a pest; and
B) Any substance or mixture of substances intended for use
as plant regulator, defoliant, or desiccant.
11-149-2 (7)
ECONOMIC POISONS DESTRUCTION OR SALE
Any economic poison in violation of this chapter may be seized,
and disposed of by destruction or sale.
77-749-9
EMINENT DOMAIN COUNTIES
Each county shall have power to take private property for public
purposes.
6-46-61
EMINENT DOMAIN HONOLULU CITY COUNCIL
City council may provide for purchase or acquisition by
condemnation of such property as may be needed for public use.
6-70-81
EMINENT DOMAIN MUNICIPALITIES
Municipalities may exercise the right of eminent domain.
6-49-3
EMINENT DOMAIN PUBLIC UTILITIES
The right and power of eminent domain is granted to every person
operating a public utility.
9-707-4
-------
HAWAII
EMINENT DOMAIN STATE DEPARTMENTS
State departments 'may exercise the right and power of eminent
domain.
5-39-53 1969 Cum. Supp.
ENVIRONMENTAL QUALITY CONTROL
This act deals with the creation of an office of environmental
quality control.
Senate Bill No. 1132, 1970 Session Laws
EXPLOSIVES TRANSPORTATION
No person shall transport or cause any explosive to be transported
except in compliance with rules and regulations of Department of
Labor and Industrial Relations and without first having secured
permit from director of labor and industrial relations.
21 -3 76-2 5
GARBAGE AND REFUSE DISPOSAL
Every county which maintains or operates any garbage or trash
collection and disposal service shall collect and dispose of garbage
and trash at and from any housing project or housing, located
within such county, which is owned, operated or administered by
Hawaii housing authority.
20-360-35
HIGHWAYS DEPOSITING DANGEROUS
SUBSTANCES
Whoever negligently or maliciously scatters, throws, drops or
deposits, or causes to be scattered, thrown, dropped, or deposited,
any paper, glass, glass bottles, tin can, nail, tack, wire, stone, or
other substance dangerous to traffic on any highway, street, road,
alley, or lane in the State, shall be fined not more than $100.00
38- 72 7-5
HIGHWAYS OBSTRUCTIONS
Obstructing a highway, channel, entrance to a harbor, harbor
town, navigable stream or public place, without just cause, is a
common nuisance.
38-727-4 1969 Cum. Supp.
HONOLULU CITY COUNCIL BUSINESS
REGULATION
City council may prescribe and regulate method and type of
construction, places where and conditions under which may be
erected, maintained, used, or operated, foundries, bakeries,
canneries, and other factories, laundenes, poi shops, abattoirs, fish
markets, and places where noisome trades or manufactures are
carried on, hotels, tenements, lodging houses, theatres, dance halls
and other places of public resort and locations where dairies,
stables pastures and places for keeping of animals may be
maintained.
6-70-69
HONOLULU CITY COUNCIL GENERAL POWERS
Except as otherwise provided by law, city council shall have
powers as provided by this part.
6-70-67
HONOLULU CITY COUNCIL NUISANCE
ABATEMENT
City council may enact and enforce all ordinances necessary to
prevent or summarily remove nuisances.
6-70-67
HONOLULU CITY COUNCIL ORDINANCES
City council may make and enforce all necessary ordinances
covering all local police matters, health matters, and physicians
and inspectors.
6-70-62
HONOLULU CITY COUNCIL SEWERAGE SYSTEMS
City council may establish, construct, and maintain sewerage
systems, and may take over from State existing sewerage systems
and enlarge, develop, and improve the same.
6-70-77
JUNK DEFINITION
Junk means old or scrap copper, brass, rope, rags, batteries, paper,
trash, rubber debris, waste, or junked, dismantled or wrecked
automobiles, or parts thereof, iron, steel, and other old or scrap
ferrous or nonferrous material.
15-264-83 (4)
JUNK DEALERS LICENSE
Treasurer may grant licenses to suitable persons to be dealers and
traders in second hand articles, and may revoke such licenses for
cause satisfactory to him.
25-455-171
JUNKYARD CONTROL ACT PURPOSE
It is declared to be in public interest to regulate and restrict
establishment, operation, and maintenance of junk yards in areas
adjacent to Federal-aid or State highways within State.
15-264-82
JUNKYARDS ABATEMENT OF NUISANCE
Department of transportation may apply to circuit court in county
in which junkyards may be located for injunction to abate
nuisance of nonconformingjunkyard.
15-264-88
JUNKYARDS CONTROL
No person shall establish, operate, or maintain a junkyard, any
portion of which is within 1,000 feet of nearest edge of right-of-
way of any Federal-aid or State highways within the State, except
those which are screened by natural objects and those which are
not visible from main traveled way of Federal-aid or State
highway.
15-264-84
JUNKYARDS DEFINITIONS
Junkyard means an establishment or place of business which is
maintained, operated, or used for storing, keeping, buying, or
selling junk, or for maintenance or operation of an automobile
graveyard, and the term includes garbage dumps and sanitary fills.
15-264-83 (5)
JUNKYARDS DISPOSAL OF RELOCATION
Director of transportation may acquire interests in lands as may
79
-------
HAWAII
be necessary to secure relocation, removal, or disposal of
junkyards.
15-264-87
JUNKYARDS INTERGOVERNMENTAL AGREEMENTS
Director of transportation may enter into agreements with
Secretary of Transportation of United States relating to control of
junkyards in areas adjacent to any Federal-aid highway.
15-264-90
JUNKYARDS INTERPRETATION OF ORDINANCES
Nothing in this part shall be construed to abrogate or affect
provisions of any lawful ordinance or regulation which are moie
restrictive than this part.
15-264-89
JUNKYARDS SCREENING
Any junkyard which is within 1,000 feet of right-of-way and visible
from mam traveled way of any Federal-aid or State highway shall
be screened.
15-264-85
Director of transportation may promulgate rules and regulations
governing location, planting, construction, and maintenance of
screening for junkyards.
15-264-86
LAND FLOODING
City council may provide that lands deemed subject to seasonal,
periodic, or occasional flooding shall not be used for residence or
other purposes in such a manner as to endanger health or safety of
occupants thereof.
6-70-100
LAND USE COMMISSION
There shall be a State Land Use Commission to be a part of
Department of Planning and Economic Development for
administration purposes.
13-205-1
MEAT PRODUCTS CONDEMNATION
Any carcass, part of a carcass, meat or meat products in violation
of this chapter shall be seized and condemned. If meat or meat
products or animals are condemned they shall be disposed of by
destruction or sale as the court may direct.
11-159-52 1969 Cum. Supp.
Inspector shall label, mark, stamp, or tag as Hawaii Inspected and
Condemned, all carcasses and parts thereof of animals found to be
adulterated; and all carcasses and parts thereof thus inspected and
condemned shall be destroyed for food purposes.
11-159-22 1969 Cum. Supp.
MOTOR VEHICLE ABANDONED DISPOSAL
When any person abandons motor vehicle upon premises of motor
vehicle repair business, owner of business may sell or dispose of
vehicle in accord with this part.
17-290-21 1969 Cum. Supp.
When a vehicle is abandoned, owner of vehicle repair business,
after public advertisement in newspaper of general circulation in
State, may negotiate sale of vehicle or dispose of it as junk.
17-290-23 1969 Cum. Supp.
80
NOXIOUS WEEDS DEFINITION
Noxious weed means any plant species which is injurious, harmful
or deleterious or which may be likely to become so to agricultural,
horticultural and livestock industries of State, as determined and
so designated by department from time to time, by rules and
regulations.
11-152-1(2)
NOXIOUS WEEDS INFESTATION CONTROL BY
THE DEPARTMENT OF AGRICULTURE
The Department of Agriculture shall have authority to control the
infestation of noxious weeds.
11-152-3
NUISANCE ABATEMENT
Department of Health shall examine all nuisances which in their
opinion are dangerous or injurious to health, and shall cause them
to be abated, destroyed, removed or prevented.
19-322-1
NUISANCE ABATEMENT ON PRIVATE PROPERTY
Whenever any nuisance is found on private property, Department
of Health shall cause the owner to remove and abate nuisance at
his own expense.
19-322-2
NUISANCE ABATEMENT ON PUBLIC PROPERTY
Whenever any nuisance is found on public property notice shall be
given by Department of Health to person officially in charge to
abate, destroy, remove or prevent such nuisance.
19-322-3
NUISANCE ABATEMENT RIGHT OF ENTRY
Whenever any member of Department of Health deems it
necessary for preservation of lives or health of public, he may
enter any land, building, vessel, or aircraft for purposes of
examining into, abating, destroying, removing or preventing any
nuisance.
19-322-4
NUISANCE INFESTED NURSERY STOCK
If, upon inspection, nursery stock is found to be infested or
infected, treatment shall be given the stock. If treatment is
ineffective, such stock shall be destroyed.
11-150-1 1969 Cum. Supp.
NUISANCE INSANITARY LAND CONDITION
Whenever any tract or parcel of land is deleterious to public
health, Department of Health shall report such fact to comptroller
together with brief recommendation of operation deemed
advisable to improve land.
19-322-21
NUISANCE COMMON DEFINITION
Common nuisance is endangering public personal safety or health,
or doing, causing or promoting, maintaining or continuing what is
offensive, or annoying and vexatious, or plainly harmful to public;
or is public outrage against common decency or common
morality; or tends plainly and directly to corruption of morals,
honesty, and good habits of people.
38- 727-1
-------
HAWAII
PERISHABLE ITEMS ABATEMENT OF NUISANCE
Whenever director of health finds perishable items declared to be
nuisance, he shall forthwith condemn or destroy them.
19-328-27
POLLUTION AIR DEFINITION
Air pollution means the presence in the outdoor atmosphere of
substances in quantities and for durations which endanger human
health or welfare, plant or animal life or to property or which
unreasonably interfere with comfortable enjoyment of life and
property.
House Bill No. 340, 1970 Session Laws
POLLUTION AIR PENALTIES
Any person violating rules or regulations of department shall be
fined not more than $500.
House Bill No. 340, 1970 Session Laws
POLLUTION WATER DESTRUCTION OF FISH AND
PLANT LIFE
Any person who destroys any fish in a manner to be deleterious to
fish or plant life there existing, shall be fined or imprisoned.
12-188-21
POLLUTION WATER DIRECTOR OF HEALTH
Director of health may regulate, supervise, and control all waters
within State, drainage, drainage waters, drainage ditches and
systems, water supplies, water systems or plants, sewage outfall
areas, and sewage or refuse systems or plants, or disposal of any
sewage, garbage, feculent matter, offal, filth, refuse, any animal,
mineral, or vegetable matter or substance, or any liquid, gaseous,
or solid substance into any waters of State as will or is likely to
create nuisance or render such waters harmful or detrimental or
injurious to public health.
House Bill No. 1291, 1970 Session Laws
POULTRY DEPARTMENT OF AGRICULTURE
Department of Agriculture through its board shall regulate.
supervise, inspect and control manufacture, processing, slaugh-
tering, transportation, packaging, labeling, and disposal of poultry
or poultry products involved in mtrastate commerce.
11-161-7 1969 Cum. Supp.
POULTRY SANITATION CERTIFICATE
Board may issue certificates of sanitation to poultry slaughter-
houses, and poultry processors which meet minimum sanitary
specifications.
11-161-11 1969 Cum. Supp.
against and seized and condemned in any circuit court within
jurisdiction of which poultry or poultry product is found.
11-161-47 1969 Cum. Supp.
POULTRY PROCESSORS LICENSING
It shall be unlawful for any person to engage in business of
slaughtering poultry or manufacturing or processing of poultry or
poultry products without a license.
11-161-12 1969 Cum. Supp.
PUBLIC UTILITIES COMMISSION CREATION
Creation of public utilities commission and prescribed manner of
appointments.
15-269-2
PUBLIC UTILITY DEFINITION
Public Utility means and includes every person who may own,
control, operate or manage any plant or equipment directly or
indirectly for public use.
15-269-1 1969 Cum. Supp.
RABBITS AND BELGIAN HARES DESTRUCTION
Any person may destroy any rabbit or Belgian hare found
unconfmed.
11-142-94
REFUSE DISPOSAL IN STATE WATERS
Director of transportation may make rules and regulations to
prevent throwing into harbors, shore waters, and navigable
streams of rubbish refuse, garbage, or other substances liable to
make such harbors, shore waters, and navigable streams unsightly,
ur.healthful or unclean.
15-266-3
RUBBISH DWELLINGS
Yards and grounds about all dwellings shall be well drained and
kept free from rubbish of every description, with closet or privy.
19-322-51
SANITARIANS LICENSING
It shall be unlawful for any person to practice as a sanitarian
without a license to do so.
19-321-14
SEWAGE SYSTEMS CONSTRUCTION
ASSESSMENTS
For construction of sanitary sewerage systems lands specially
benefited by such improvement shall be assessed according to area
of lands within improvement district.
6-67-5
POULTRY AND POULTRY PRODUCTS
CONDEMNATION AND DESTRUCTION
Inspectors shall label, mark, stamp, or tag as Hawaii inspected and
condemned, all carcasses and parts thereof of poultry or poultry
products found to be adulterated; and all carcasses and parts
thereof thus inspected and condemned shall be destroyed for food
purposes.
11-161-22 1969 Cum Supp.
If poultry or poultry products are capable of use as human food
and adulterated or misbianded, it shall be liable to be proceeded
SHORES AND BEACHES REMOVAL OF DEBRIS BY
COUNTIES
Counties shall be responsible for removing and clearing all
seaweed, lime, and debris which are likely to create unsanitary
condition or to otherwise become public nuisance from shores and
beaches situated within respective counties.
6-46-12
SLAUGHTERHOUSES LOCATION
No slaughterhouse shall be maintained in any part of the State, in
81
-------
HAWAII
any place where Department of Health forbids maintenance of
same.
19-322-41
STREET REGULATIONS
No person shall place, leave, or deposit in any street in city of
Honolulu, or in towns of Lahaina, Hilo, Wailuku, or Kahului, any
goods, wares, or merchandise, or any substance or material
whatever, except as permitted by law.
15-265-52
STRIP MINES PROHIBITION
It shall be unlawful for operator of strip mine to cause or permit
any poisonous or noxious matter to be discharged into any stream
or shore water in such manner as to constitute public nuisance.
12-181-3
STRIP MINING
As soon as practicable following completion or abandonment of
strip mining of any pit the operator shall dispose of all debris,
rubble, and tailings in such manner as to enhance contour of pit or
to provide erosion and drainage control in adjacent areas.
12-181-6
STRIP MINING DEFINITION
Strip mining means mining of mineral by uncovering therefrom
surface soil above mineral deposits and mining directly from
mineral exposed for purpose of carrying on business of mining or
selling mineral removed by piocess.
12-181-1
VEHICLE ABANDONED PUBLIC AUCTION NO BID
Where no bid is received, vehicle may be either sold by
negotiation, disposed of or sold as junk, or donated to any
governmental agency.
77-290-3
VEHICLE ABANDONED WAIVER OF PUBLIC
AUCTION
Requirements of public auction may be waived when appraised
value of any vehicle is less than $100.
77-2PO-5
VESSELS ABANDONED JUNK
When a vessel has been abandoned and held for public auction,
and no bid is received, the vessel may be disposed of as junk.
House Bill No. 1388, 1970 Session Laws
WASTE DISPOSAL
Provisions are made for establishment and operation of program
for waste management, including authorization of solid waste
disposal system operations. There is established within De-
partment of Health a waste advisory council.
House Bill No 1293, 1970 Session Laws
WASTE DISPOSAL OF BY COUNTIES
Each county shall provide waste collection and disposal services in
all areas of county.
House Bill No. 1293, s.7, 1970 Session Laws
82
WASTE ADVISORY COUNCIL DUTIES
Waste advisory council shall:
1) Review waste disposal operating;
2) Allocate funds for waste disposal programs and projects;
3) Coordinate public and private agencies; and
4) Recommend legislation.
House Bill No. 1293, s.3, 1970 Session Laws
WASTE ADVISORY COUNCIL ESTABLISHMENT
There is established within Department of Health a waste advisory
council.
House Bill No. 1293, .5.2, 7970 Session Laws
WASTE DISPOSAL DEPARTMENT OF HEALTH
Department of Health shall:
1) Inspect waste disposal facilities;
2) Adopt rules and regulations;
3) Set standards for waste collections and disposal;
4) Provide technical assistance;
5) Cooperate with Federal agencies; and
6) Allocate funds for waste disposal programs and projects.
House Bill No. 1293, s.5, 1970 Session Laws
WASTE DISPOSAL GRANTS
Department of Health may make grants to other State
departments and to counties from State, Federal, or private funds,
made available to it for implementation of waste management
plans and programs.
House Bill No. 1293, s.8, 1970 Session IMWS
WASTE MANAGEMENT PLAN PREPARATION
State Department of Health and each county shall prepare waste
management plan which shall be submitted to waste advisory
council.
House Bill No. 1293, s.4, 1970 Session Laws
WRECKERS LICENSING
If shall be unlawful for any person not duly licensed to engage in
business of purchasing or selling used motor vehicle parts or
accessories; or engaging in business of wrecking, salvaging, or
dismantling motor vehicles for purpose of reselling parts or
accessories thereof; or rebuilding wrecked or dismantled vehicles
for purpose of resale.
77-259-2
WRECKERS RECORDS
Every licensee shall keep a record, and maintain it for three years,
of purchases, consignments, sales and exchanges, moneys,
commissions, or any other thing of value paid or agreed to be paid
to any person for each wrecked, salvaged, or rebuilt motor vehicle.
77-2*9-6
ZONING
Counties shall have zoning powers relating to future development
of county.
6-46-4
ZONING REGULATIONS HAWAII COUNTY
Board of supervisors may regulate and limit yards, courts, and
other open spaces, regulate and restrict location of trades and
-------
HAWAII
industries and location of buildings and regulate use of land, in
city of Hilo.
6-64-5
83
-------
-------
IDAHO
AIR POLLUTION CONTROL DEFINITIONS
Person;
Commission;
Board;
Air pollution.
39-2902 Cum. Supp.
AIR POLLUTION CONTROL PENALTIES FOR
VIOLATIONS
Penalty fcr violations of code, rules or regulations; recovery of
penalty; mjunctive relief.
39-2919 Cum. Supp
AIR POLLUTION CONTROL RULES AND
REGULATIONS
Power of board to adopt rules and regulations; to police pollution;
to enter buildings to inspect; and taking of samples.
39-2910 Cum. Supp
BOARD OF HEALTH STATE POWERS AND DUTIES
Powers to issue licenses, administer State Health Laws, etc.
39-106 Cum. Supp.
BODIES DEAD PENALTY FOR UNLAWFUL
TRANSPORTATION
Prohibition against transporting dead bodies without a permit.
54-1113
BUILDING UNSAFE DESTRUCTION
Powers of cities to declare buildings nuisances and cause their
destruction; special assessments; reimbursement of city.
50-335 Cum. Supp.
CARCASSES CONDEMNATION
Destruction of condemned carcasses and dead animals; right to
jury trial.
37-1924 Cum. Supp.
AIR POLLUTION CONTROL COMMISSION
CREATION
Creation of air pollution control commissioners;
number and manner of selection.
39-2903 Cum. Supp.
members;
AIR POLLUTION CONTROL COMMISSION
FUNCTIONS AND POWERS
Power to conduct research programs, education programs and
develop a program for prevention and control of air pollution;
adopt rules and regulations; initiate complaints, hold hearings,
and enter orders; and institute suits for injunctions.
39-2908 Cum Supp.
CARCASSES DISPOSAL
Disposal of carcasses of dead animals in waters of State or streets
or highways prohibited.
18-5803, 18-5807
DEPARTMENT OF HEALTH STATE
ESTABLISHMENT
Creation of State Department of Health.
39-101 Cum. Supp.
DUMPS ENCLOSURE
Requirement that quartz mill dumps be enclosed.
35-20!
ANIMALS DEAD TRANSPORTATION
Prohibition against transporting dead animals unless in ac-
cordance with regulations.
37-1920 Cum. Supp.
DUMPS ALONG HIGHWAYS PERMITS SCREENING
Prohibition against operating dump neai highway without permit;
renewal; fee; screening by owner.
40-2857 Cum. Supp.
BOARD OF HEALTH STATE ESTABLISHMENT
Establishment of State Board of Health; authority of.
39-102 Cum. Supp
BOARD OF HEALTH STATE MEMBERSHIP
Membership requirements for State Board of Health; qual-
ification; appointment and terms.
39-103 Cum. Supp.
EMINENT DOMAIN DUMPING PLACES FOR MINES
Authority to exercise eminent domain for dumping places for
working mines and for deposit of tailings.
7-707 Cum Supp
EMINENT DOMAIN STATE
Right of State to exercise power of eminent domain.
Art. I, Sec. 14 Const
85
-------
IDAHO
FOOD DESTRUCTION OF IMPURE
Condemnation of impure food products; destruction of such food.
37-2007
GARBAGE FEEDING TO SWINE COOKING
Cooking or treatment of garbage to be fed to swine.
25-238
GARBAGE FEEDING TO SWINE DEFINITION
Garbage;
Person.
25-234
GARBAGE FEEDING TO SWINE INSPECTION
RECORDS
Authority of Department of Agriculture to inspect premises;
examine records and require maintenance of records.
25-239
GARBAGE FEEDING TO SWINE PENALTIES
Penalties for violation of act or rules and regulations.
25-241
GARBAGE FEEDING TO SWINE PERMIT
Permit required to feed garbage to swine; animal expiration;
exception; application; revocation.
25-235 through 25-237
GARBAGE FEEDING TO SWINE RULES AND
REGULATIONS
Power of Department of Agriculture, Bureau of Animal Industry
to make and enforce rules and regulations.
25-240
HIGHWAYS DEBRIS
Prohibition of placing debris on highways; penalties; notices of
law.
18-3906 Cum. Supp.
HIGHWAYS LITTERING
Prohibition against littering highways with glass, nails, or other
debris; requirement to remove.
49-767
HIGHWAYS OBSTRUCTING
Prohibition against obstructing highways or streams.
18-3907
INJUNCTION DEFINITION
Definition of injunction.
8-401
INJUNCTIONS GROUNDS
Grounds for granting an injunction.
8-402
JOINT SERVICE FUNCTIONS AUTHORITY
Authority of city governmental units to contract for performance
of services jointly.
50-338 Cum. Supp.
86
JOINT SERVICE FUNCTIONS DEFINITIONS
Service functions defined.
50-33 7 Cum. Supp.
JOINT SERVICE FUNCTIONS POLICY
State policy concerning joint service functions between various
governmental units.
50-336 Cum. Supp.
JUNKYARDS ADJACENT TO HIGHWAYS
DEFINITIONS
Junk;
Automobile graveyard;
Junkyard;
Interstate system;
Primary system;
Visible;
Traveled way;
Dump;
Maintain;
Person.
40-2852 Cum. Supp.
JUNKYARDS ADJACENT TO HIGHWAYS LICENSE
REVOCATION
Power of board of highway directors to revoke license; notice;
hearing.
40-2858 Cum. Supp.
JUNKYARDS ADJACENT TO HIGHWAYS LICENSING
Requirement of license, renewal, fee; requirements for issuance of
license.
40-2853 and 40-2854 Cum. Supp.
JUNKYARDS ADJACENT TO HIGHWAYS PURPOSE
OF ACT
Declaration of non conforming junkyards as public nuisances.
40-2851 Cum. Supp.
JUNKYARDS ADJACENT TO HIGHWAYS REMOVAL
Authority of Idaho board of highway directors to remove
junkyards unfeasible to screen.
40-2856 Cum. Supp.
JUNKYARDS ADJACENT TO HIGHWAYS RULES
AND REGULATIONS
Authority of board of highway directors to promulgate rules and
regulations implementing act.
40-2860 Cum. Supp
JUNKYARDS ADJACENT TO HIGHWAYS
SCREENING
Screening of existing junkyards; duty of board of highway
directois; duty of owner; eminent domain.
40-2855 Cum Supp
JUNKYARDS ADJACENT TO HIGHWAYS
VIOLATIONS AS NUISANCES
Violations of act declared publ-c nuisances; injunctions: venue.
40-2859 Cum. Supp.
-------
IDAHO
NUISANCE ABATEMENT
Power of cities to abate nuisances at expense of parties.
50-334 Cum Supp.
NUISANCE ABATEMENT DOES NOT PRECLUDE
ACTION
Abatement of nuisance does not preclude action for damages.
52-110
NUISANCE ACTIONS
Actions for; person who may bring action; injunction; damages.
52-777
NUISANCE DEFINITIONS
Nuisance defined.
52-707
PLANNING COMMISSION LOCAL DUTIES
Duties concerning planning, zoning, etc.; cooperation with other
commissions.
50-1104 Cum. Supp.
PLANNING COMMISSION LOCAL JOINT
Authority to organize joint planning commissions; powers and
duties.
50-1105 Cum. Supp.
POLICE REGULATIONS LOCAL AUTHORIZATION
Authority of county, cities and towns to enforce police, sanitary
and other regulations.
Art. 72, Sec. 2 Const.
NUISANCE LIABILITY OF SUCCESSIVE OWNERS
Liable of successive owners for continuing nuisances.
52-709
NUISANCE PRIVATE DEFINITION
Definition of private nuisance.
52-707
NUISANCE PRIVATE REMEDIES
Remedies against private nuisance.
52-507
NUISANCE PUBLIC ABATEMENT BY PRIVATE
PERSON
Right of private person to maintain action.
52-204
NUISANCE PUBLIC ABATEMENT BY PUBLIC BODY
OR OFFICER
Authority to abate public nuisances.
52-205
NUISANCE PUBLIC DEFINITION
Definition of public nuisance.
18-5901
NUISANCE PUBLIC NOT LEGALIZED BY
PRESCRIPTION
Public nuisances not legalized by prescription.
52-207
NUISANCE PUBLIC REMEDIES
Indictment; civil action; abatement.
52-202, 52-205
PACKING INFECTED DESTRUCTION
Infected packing around shipments of nursery stock to be
destroyed.
22-7972
POLLUTION WATER COLUMBIA INTERSTATE
COMPACT
Purposes;
Definitions:
Columbia river system;
Columbia river basin;
State;
Upstream state;
Downstream state;
Upstream area;
Beneficial consumptive use;
Nonconsumptive use;
Government;
Commission.
Creation of Columbia Compact Commission;
Finance;
General powers;
Pollution control;
Rules and regulations.
42-3403 Cum. Supp.
POLLUTION WATER MILLS
Prohibition against pollution of streams by sawmills or other mills
01 persons.
56-7/07
POLLUTION WATER RUBBISH
Prohibition of dumping rubbish into waters.
18-4301
PROPERTY PUBLIC OR PRIVATE DEBRIS
Prohibition against placing debris on public or private property;
penalty.
18-7031 Cum Supp.
PLANNING COMMISSION LOCAL CREATION
Authority of cities or counties to create planning commissions;
membership, term of office, removal, compensation.
50-7707 Cum. Supp.
RESERVOIRS POLLUTION
Prohibition against polluting reservoirs; warning signs; penalty.
75-7075
87
-------
IDAHO
SANITARIANS DEFINITIONS
Person;
Department;
Commissioner;
Board;
Sanitarian;
Environmental sanitation;
Sanitarian trainee;
Certificate of registration.
54-2401 Cum. Supp.
SANITARIANS ISSUANCE OF CERTIFICATE OF
REGISTRATION
Issuance of certificates of registration; renewal; fees; State Board
of Examiners; qualifications for certificate; revocation.
54-2402 through 54-2416 Cum. Supp.
SCRAP DEALERS DEFINITION
Definition of scrap dealers.
54-2701 Cum. Supp.
SCRAP DEALERS PENALTIES
Penalties for violations of act and for giving false information in
sale of scrap.
54-2703 and 54-2705 Cum. Supp.
SCRAP DEALERS RECORD OF PURCHASES
Requirement to keep records of purchases of scrap; inspection of
records.
54-2702 Cum. Supp.
SOLID WASTE DISPOSAL COUNTY SITES
Authority of counties to establish solid waste disposal sites;
acquisition of land; funding.
Senate Bill No. 1434, s.2, 1970 Session Laws
SOLID WASTE DISPOSAL MAINTENANCE OF SITES
Duty of counties to maintain and operate sites.
Senate Bill No. 1434, s.3, 1970 Session Laws
SOLID WASTE DISPOSAL PUBLIC POLICY
Policy to establish solid waste disposal sites in counties.
Senate BUI No. 1434, s.l, 1970 Session Laws
SOLID WASTE DISPOSAL SANITARY STANDARDS
Authority of State Board of Health to establish rules and
regulations for minimum sanitary standards for solid waste
disposal-approval of plans for solid waste disposal sites.
39-128, Senate Bill No. 1402, 1970 Session Laws
SOLID WASTE DISPOSAL SITES FUNDS
Levy of tax or fees by counties.
Senate Bill No. 1434, s.4, 1970 Session Laws
SOLID WASTE DISPOSAL SITES VIOLATIONS
PENALTIES
Penalties for violations of act or rules and regulations; injunctions.
Senate Bill No. 1434, s.5, 10, 1970 Session Laws
TIMBER DEAD DISPOSAL
Disposal of dead and down timber on State lands.
58-402 Cum. Supp.
SEWAGE DISPOSAL SYSTEM REGULATIONS
Authority of State Board of Health to regulate water quality and
sewage disposal systems.
39-112 Cum. Supp.
SLASH BURNING
Burning of slash; public nuisance; costs and expenses of
abatement; penalties.
38-109
Prevention of fires; separate offenses; penalties.
38-111
SLASH BURNING INJUNCTION
Injunction against cutting timber if slash not disposed; disposal at
expense of owner; lien and enforcement; orders.
38-110
SLASH BURNING PUBLIC NUISANCE PENALTIES
Slash from timber cutting to be burned; public nuisance;
abatement by State forester; costs and expenses; penalties.
38-110, 38-111
SNOW REMOVAL BY CITIES
Power of cities to remove ice. snow, rubbish and weeds;
assessment of cost.
50^/7 Cum. Supp.
88
TREES FALLEN REMOVAL
Removal of trees which have fallen onto highways; notice to
owner; pen Ity.
40-916
VEHICLES JUNKED CANCELATION OF
CERTIFICATE
Surrender of certificate of title of destroyed vehicle.
49-418
WEEDS NOXIOUS CONTROL OF ON PUBLIC
LANDS
Cost of controlling noxious weeds on public lands to be paid by
such public body.
Senate Bill No. 1558, s.7, 1970 Session Laws
WEEDS NOXIOUS COST OF ERADICATION
Formula for determining payment of cost of weed eradication.
Senate Bill No. 155S, s.9, 1970 Session Laws
WEEDS NOXIOUS DEFINITIONS
Person;
Control;
Noxious weed;
Control authority;
Applicable fund.
Senate Bill No. 1558, s.3, 1970 Session LOYJS
-------
IDAHO
WEEDS NOXIOUS DUTY TO CONTROL
Duty to control noxious weeds on lands owned or controlled by
person.
Senate Bill No. 1558, 5.2, 1970 Session Laws
WEEDS NOXIOUS NOTICES DESTRUCTION BY
CONTROL AUTHORITY QUARANTINE
Notices for control of noxious weeds; destruction of noxious
weeds by control authority; recovery of costs; quarantine.
Senate Bill No. 1558, s.5, 1970 Session Laws
WEEDS NOXIOUS POWERS AND DUTIES OF
COMMISSIONER
Determination of noxious weeds, rules and regulations, cooperate
with other authorities, procure equipment, etc. creation of State
noxious weed eradication control fund
Senate Bill No. 1558, s.4, 1970 Session Laws
WEEDS NOXIOUS POWERS AND DUTIES OF
CONTROL AUTHORITIES
Itemized statement of costs; purchase of equipment and materials.
Senate Bill No. 1558, s. 10-11, 1970 Session Laws
WEEDS NOXIOUS REMOVAL BY COMPANIES
Right of irrigation project company to eradicate weeds.
42-2301
WESTERN INTERSTATE NUCLEAR COMPACT
1. Policy and purpose;
2. Board;
3. Finances;
4. Advisory Committees;
5. Powers, including disposal of wastes;
6. Mutual Aid.
39-3020 Cum. Supp
ZONING GRANT OF POWER
Authority of cities to zone areas in community.
50-1201 Cum. Supp.
ZONING - POWER OF COUNTIES
Zoning powers of counties.
31-3801 Cum. Supp
ZONING REGULATIONS
Division of city into districts; comprehensive plan; methods of
procedure; changes.
50-1202 through 50-1205 Cum. Supp.
ZONING REMEDIES VIOLATION
Authority of cities to institute actions; injunctions; violations;
penalties.
50-1207, 50-1209 Cum. Supp.
ZONING COMMISSION
Authority of city to appoint zoning commission; public hearings,
reports.
50-1210 Cum. Supp.
89
-------
ILLINOIS
AIR CONTAMINANT DEFINITION
Air contaminant means dust, soot, smoke, fumes, gas, or airborne
material that is offensive or noxious.
Ch. 24, S. 11-19.1-11 Cum. Supp.
AIR CONTAMINANT SOURCES DEFINITION
Air contaminant source means any sources, private or public,
including plants, shops, stores, all types of buildings, motor
vehicles, service stations, locomotives, water-craft, portable fuel
burning equipment, incinerators, refuse dumps, stack or chimney
outlets of foregoing.
Ch. 111.5, S. 2402 Cum. Supp.
AIR POLLUTION CONTROL ACT EFFECT OF
EXISTING REMEDIES
No existing civil or criminal remedy for wrongful action in
violation of this law or regulation of the Board shall be excluded
or impaired by this Act.
Ch. 111.5, S. 240.16
AIR POLLUTION CONTROL ACT INJUNCTIVE
RELIEF
Board may institute a civil action in a court for injunctive relief to
prevent further violation or to assess a penalty.
Ch. 111.5, S. 240.15 Cum. Supp.
AIR POLLUTION CONTROL ACT INTENT AND
PURPOSE
Intent and purpose is to maintain purity of the air for protection
of health and welfare. Board will seek to accomplish this through
prevention and control.
Ch. 1115, S. 240.5
AIR POLLUTION CONTROL BOARD ADOPTION OF
RULES AND REGULATIONS
Board will have power to adopt rules and regulations consistent
with purposes of this Act.
Ch. 111.5, S. 2405-1.2
Board may adopt rules and regulations governing procedures for
detection, alerts, fontiol and hearings relative to conditions
resulting from high pressure air masses.
Ch. 1115, S 240.15-1 Cum. Supp.
AIR POLLUTION CONTROL BOARD CONDUCT OF
HEARINGS
Testimony of a hearing shall be under or.th and be available to the
public; Boaid may issue notices of hearings; at least one member
of Board must attend; no secret information relating to
manufacture shall be disclosed.
Ch. 111.5, S. 240.10 Cum. Supp.
AIR POLLUTION CONTROL BOARD CREATION
The Board will consist of 9 members of certain types, terms will
run for 4 years, 4 meetings will be held each year, chairman and
vice chairman will be elected at first meeting each year, and 5
members constitutes a quorum.
Ch. 111.5, S. 240.4
AIR POLLUTION CONTROL BOARD
DETERMINATION OF VALIDITY OF RULES AND
REGULATIONS
Validity of rules may be determined upon petition to Circuit Court
when application threatens to interfere with legal rights of
petitioner.
Ch. 111.5, S. 240.8
AIR POLLUTION CONTROL BOARD DUTIES TO
COLLECT AND DISSEMINATE INFORMATION
Duties will include acquiring technical data required to implement
the plan, including the quantity of emissions.
Ch. 111.5, S. 2405-2.4 Cum. Supp.
AIR POLLUTION CONTROL BOARD DUTY TO
ACCEPT GRANTS FUNDS GIFTS
Duty to accept, receive and administer grants, funds, gifts, federal
monies for the purpose of carrying out functions of this Act.
Ch. 111.5 S. 240.5-2.8
AIR POLLUTION CONTROL BOARD DUTY TO
ASSIST POLITICAL SUBDIVISIONS
Duty to encourage agencies of subdivisions to handle their own
pollution probiems and to provide technical assistance.
Ch. 111.5, S. 240.5-2.2
AIR POLLUTION CONTROL BOARD DUTY TO
BUDGET AND RECEIVE APPROPRIATIONS
Duty to budget and receive monies to carry out provisions of this
Act.
Ch. 111.5, S. 240.5-2.9
AIR POLLUTION CONTROL BOARD DUTY TO
CONSULT AND COOPERATE
Duty to advise, consult and cooperate with other agencies of the
State, other states, individuals, groups and the Federal gov-
ernment.
Ch. 111.5, S. 240.5-2.5
91
-------
ILLINOIS
AIR POLLUTION CONTROL BOARD DUTY TO
ENCOURAGE VOLUNTARY EFFORTS
Duty to encourage voluntary cooperation by persons or groups in
preserving purity of air.
Ch. 111.5, S. 240.5-2.1
AIR POLLUTION CONTROL BOARD DUTY TO
IMPLEMENT RESEARCH EFFORTS
Duty to encourage and conduct studies, investigations and
research.
Ch. 111.5, S. 2405-2.3
AIR POLLUTION CONTROL BOARD DUTY TO
INSPECT PROPERTY
Power to enter private or public property except private residences
to inspect and investigate conditions of air pollution.
Ch. 111.5, S. 2405-1.6
AIR POLLUTION CONTROL BOARD DUTY TO
PROVIDE SERVICES PERSONNEL
Duty to provide technical, scientific or other services, including
laboratories. Personnel shall be employed by the Department.
Ch. 111.5, S 240.5-2.7
AIR POLLUTION CONTROL BOARD DUTY TO
REPRESENT STATE IN INTERSTATE COMPACTS
Duty to represent the State of Illinois in matters pertaining to
plans, and procedures for interstate compacts.
Ch. 111.5, S. 240.5-2.6
AIR POLLUTION CONTROL BOARD EFFECT OF
FAILURE TO ACT ON VARIANCE REQUEST
Failure to act by the Technical Secretary or the Board on requests
and petitions for variances may be treated as a grant or favorable
finding. No fees shall be charged for functions under this Act.
Ch. 111.5, S. 240.12
AIR POLLUTION CONTROL BOARD
INVESTIGATION OF VIOLATIONS
Investigations may be made by request of Board; procedures
taken to eliminate violations, complaints shall be issued to
violator; violator shall respond in writing or person; witnesses
shall be subpoenaed; final orders shall be issued by the Board.
Ch. 111.5, S. 240.9
AIR POLLUTION CONTROL BOARD ISSUANCE OF
CERTIFICATES OF EXEMPTION
Certificate of exemption from this Act will be issued to political
subdivisions which have air pollution controls, suspension may he
made; subdivisions may apply for certificate.
Ch. 111.5, S 240.14
AIR POLLUTION CONTROL BOARD ISSUANCE OF
VARIANCES
Board may grant individual variances beyond the limitations
prescribed m this Act; reports must be made b) the person
receiving the variance as to progress in pollution control;
application may be made for a variance.
Ch. 111.5, S. 240.11
92
AIR POLLUTION CONTROL BOARD JUDICIAL
REVIEW OF FINAL ORDERS
Final orders or determinations of the Board shall be subject to
judicial review pursuant to provisions of the Administrative
Review Act.
Ch. 111.5, S. 240.13
AIR POLLUTION CONTROL BOARD POWER TO
EMPLOY HEARING OFFICER
Power to employ a hearing officer to preside at hearings. The
officer shall be an attorney licensed by State.
Ch. 111.5, S. 240.5-1.9 Cum. Supp.
AIR POLLUTION CONTROL BOARD ~ POWER TO
INSTITUTE LEGAL PROCEEDINGS
Power to institute legal proceedings to compel compliance with
order or determination of Board.
Ch. 111.5, S. 240.5-1.5 Cum. Supp.
AIR POLLUTION CONTROL BOARD POWER TO
PREPARE COMPREHENSIVE PLAN
Power to prepare and develop a plan for prevention, abatement or
control of air pollution.
Ch. 111.5, S. 240.5-1.1
AIR POLLUTION CONTROL BOARD POWER TO
RECEIVE ASSISTANCE OF OTHER STATE AGENCIES
Power to request and receive assistance of educational institutions,
experiment stations, boards, departments and officials and
employees of these.
Ch. ill.5, S. 240.5-1.7
AIR POLLUTION CONTROL BOARD POWERS AND
DUTIES
Powers pertain to: general plan, rules and regulations, hearings.
orders and determinations, legal proceedings to compel com-
pliance, entry upon property, assistance of other states, and
consultants and technical assistants.
Ch. 111.5 SS. 240.5-1 through 240.5-1.8
The duties include those things pertaining to: voluntary
cooperation in preserving purity of air; assistance to political
subdivisions; studies, investigations and research; collection and
dissemination of information; advice and consultation; interstate
compacts; services and personnel; grants and funds, and budget
and appropriations.
Ch. 111.5, SS. 240.5-2 through 240.5-2.9
AIR POLLUTION CONTROL BOARD POWERS AND
DUTIES OF TECHNICAL SECRETARY
Powers and duties include: attending all meetings of the Board,
handling correspondence, control of employees, responsibility tor
complaints, granting permits for equipment capable of polluting
the air.
Ch 111.5, S. 240.6 Cum Supp
AIR POLLUTION CONTROL BOARD POWERS TO
EMPLOY CONSULTANTS AND TECHNICAL
ASSISTANTS
Power to employ consultants or lechmcal assistants on a full or
-------
ILLINOIS
part-time basis as may be necessary to carry out provisions of this
Act.
Ch. 111.5, S. 240.5-1.8
AIR POLLUTION CONTROL BOARD POWERS TO
HOLD HEARINGS
Power to hold hearings on complaints, petitions for variance,
certificate of exemption, and installation permits denied by
Technical Secretary.
Ch. 111.5 S. 240.5-1.3
AIR POLLUTION CONTROL BOARD POWERS TO
ISSUE ORDERS TO EFFECTUATE INTENT AND
PURPOSE
Power to enter order or determination to effectuate the purposes
of this Act. Board must take certain facts and circumstances into
consideration.
Ch. 111.5, S 2405-1 4
ANIMAL CARCASSES TRANSPORTATION
Bodies of diseased animals must be transported under certain
conditions and the Department may prohibit such transportation
of animals that have died of highly contagious diseases.
Ch. 8, S. 162
ANIMALS ABANDONED DISPOSITION BY
VETERINARIANS
Veterinarian may dispose of any animal left in his establishment,
provided he gives notice to the owner at last known address or
through the newspaper.
Ch. 91. S. 124.19
ANIMALS DISEASED DESTRUCTION
The Department of Agriculture of the State may ordei the
slaughter of diseased or exposed animals and disinfect or destroy
infected buildings, vehicles and yards.
Ch 8, S. 171
AIR POLLUTION CONTROL BOARD PROCEDURE
FOR ADOPTION OF RULES AND REGULATIONS
Rules must be accepted by 6 members of the Board, public
hearing must be held, copy of rule must be filed with the Secretary
of State, certain factors must be taken into consideration before a
rule is adopted.
Ch 111 5, S 240.7
AIR POLLUTION CONTROL BOARD SCOPE OF
AUTHORITY
Scope of authority does not include jurisdiction with respect to air
pollution within plants, works or shops, or to relations between
employer and employee.
Ch. 111.5, S. 240.5-3
AIR POLLUTION CONTROL BOARD TRANSFER OF
RECORDS
Materials and records of Northeastern Illinois Metropolitan Area
Air Pollution Control Board shall be tiansferred to the Board.
Ch 111.5, S. 24017
AIR POLLUTION CONTROL BY MUNICIPALITIES
Municipalities may regulate by ordinance certain equipment, uses
of land and operations and may contract with certain parties and
appropriate funds for the purposes of lessening or preventing air
contaminants.
Ch. 24, S. 11-191-11 Cum. Supp.
ANIMAL CARCASSES DISPOSAL
Requirements lo be observed in disposal of dead animals, poultry
and fish include: disposing within 48 hours, skinning done
indoors, bodies may not be fed to livestock, remaining parts must
be buried.
Ch. 8, S 159 Cum. Supp
ANIMAL CARCASSES DISPOSAL BY OWNER OR
AGENT OR CARETAKER
Disposal must be made by owner or ownei's agent within 24 hours
by cooking, burying or burning
Ch 8, S. 165 Cum. Supp
ANIMALS DISEASED DESTRUCTION BY OWNER
When the Department of Agriculture determines an animal :s
diseased, appraisal shall be made as to the value, and the owner
shall destroy the animals, dispose of carcass and disinfect the
premises. If owner does not destroy the animals, the Department
may do so.
Ch. 8, S. 172
ANIMALS IMPOUNDED DESTRUCTION
Various types of animals may be impounded and sold for penalties
incurred and dogs running at large may be impounded and
destroyed.
Ch. 139, S. 39.11
ANIMALS IMPOUNDED DISPOSITION
Licensed institutions are to be provided with impounded animals,
time of impoundment is given for biting and non-biting animals,
owners of licensed animals shall be notified; disabled animals are
to be disposed of.
Ch. 111.5, S. 131 Ctim. Supp.
ANIMALS IMPOUNDED ESTABLISHMENT OF
MEANS FOR DISPOSITION
The boards of health in municipalities shall have the power to
establish means for the impounding and disposition of stray
animals.
Ch. 111.5 S 135
ASHES CONTRACTS FOR COLLECTION AND
DISPOSITION
Any city, village or town may contract with other municipalities
relating to disposition of garbage, refuse and ashes.
Ch. 24, S. 11-19-1
ASHES DEPOSIT AS A FIRE HAZARD
Corporate authorities of municipalities may prevent the deposit of
ashes in places that create a fire hazard.
Ch. 24, S. 11-8-2
ASHES METHODS FOR DISPOSITION
Municipalities may provide methods for disposition of garbage,
93
-------
ILLINOIS
refuse and ashes by methods which include feeding garbage to
hogs, incinerator, reduction to fertilizer.
Ch. 24, S. 11-19-5
ATTORNEY GENERAL POWERS AND DUTIES
INJUNCTIVE RELIEF
It is the duty of the State's Attorney or Attorney General at
request of Sanitary Water Board to bung an injunction against a
person violating this Act.
Ch. 19, S. 145.14 Cum. Supp.
AUTOMOBILE GRAVEYARDS DEFINITION
Automobile graveyard means any establishment maintained, used,
or operated for storing, keeping, buying or selling wrecked or
scrapped motor vehicles or parts.
Ch. 121, S. 462 (3) Cum. Supp.
BLENDER DEFINITION
Blender means a person who acquires inedible by-products of
animals, poultry or fish for the purpose of blending for use in
animal feed or fertilizers.
Ch. 8, S. 149.1(d) Cum. Supp.
BLENDING OPERATIONS APPLICATION FOR AND
CLASSES OF LICENSES
Application for a license shall be made to the Department of
Agriculture and licenses shall be classified according to type of
plant operated. Five classes are listed.
8, S. 152 Cum. Supp.
BLENDING OPERATIONS LICENSING
No person shall engage in disposing of bodies of dead animals
without a license from the Department of Agriculture.
Ch. 8, S. 150 Cum. Supp.
BODIES DEAD BURIAL AFTER USE FOR MEDICAL
PURPOSES
Bodies used for medical purposes shall be buried or cremated by
officers of medical colleges or schools. A penalty will be paid if
burial is neglected.
Ch. 91, S. 22
BODIES DEAD BURIAL BY CORONER
A coroner shall deliver the body of the deceased to his friends or
the coroner shall decently bury him.
Ch. 31, S. 2.2
BODIES DEAD PERMIT FOR DISPOSAL
The funeral director shall obtain a permit for ihe disposition of a
dead human body or fetus.
Ch. 111.5, S. 73-21 Cum. Supp.
BONDS ISSUANCE FOR POLLUTION ABATEMENT
ACTIVITIES
Authorization of bonds may be made to issue bonds for
prevention and control of pollution in streams, lakes, ponds and
other waters.
Ch. 24, S. 8-4-1 Cum. Supp
House Bill No. 3824 1970 Session Laws
94
BRIDGE REMOVAL OF DRIFTWOOD AND DEBRIS
Highway authorities shall inspect bridges and culverts and remove
driftwood and other materials which obstruct the free flow of
water. Funds, forces and equipment for maintenance of public
highways may be used.
Ch. 121, S. 9-111.1 Cum. Supp.
BUILDING AWARDING CONTRACTS FOR
DEMOLITION
Authorities may let contracts for demolition of buildings and
removal of debris by the process of accepting bids.
Ch. 24, S. 11-74.2-10 Cum. Supp.
BUILDING DEMOLITION BY HOUSING
AUTHORITIES
An Authority may carry out and operate projects including those
for the elimination of unsafe and unsanitary dwellings.
Ch. 67.5, S. 8.2 Cum. Supp.
BUILDING DEMOLITION BY LAND CLEARANCE
COMMISSIONS
A Commission shall have the power to remove buildings, to clear
areas and to repair streets.
Ch. 67.5, S 73 Cum Supp.
BUILDING DEMOLITION BY URBAN RENEWAL
DEPARTMENTS
The Department of Urban Renewal has the power to demolish
buildings with respect to redevelopment projects.
Ch. 67.5, S. 91.109 Cum. Supp.
BUILDING DEMOLITION PURSUANT TO
COMMERCIAL REDEVELOPMENT PLAN
Corporate authorities have power to clear any area by demolition
of buildings for a commercial redevelopment plan.
Ch. 24, S. 11-74.2-8 Cum. Supp.
BUILDING LETTING CONTRACTS BY URBAN
RENEWAL DEPARTMENTS FOR DEMOLITION AND
REMOVAL
A Department of Urban Renewal shall advertise for bids and
accept the lowest bid for removal of buildings and debris from
property of a redevelopment project.
Ch. 67.5, S. 91.113 Cum. Supp.
BUILDING LETTING OF CONTRACTS BY LAND
CLEARANCE COMMISSION FOR DEMOLITION AND
REMOVAL
A Land Clearance Commission shall advertise for bids and accept
the lowest responsible bid for a contract for the demolition or
removal of buildings.
Ch. 67.5, S. 77
BUILDING SUBSTANDARD DEMOLITION
Corporate authorities of a municipality may purchase, condemn
and remove, or demolish substandard buildings.
Ch. 24, S. 11-13-17
BUILDING SUBSTANDARD DEMOLITION FOR
URBAN REDEVELOPMENT
Corporate authorities of a municipality may purchase or condemn
-------
ILLINOIS
and demolish and remove substandard buildings from property
acquired for rehabilitation or redevelopment.
Ch 24, S. 11-11-1 Cum. Supp.
BUILDING UNSAFE DEMOLITION
Corporate authorities of a municipality or county may demolish
dangerous and unsafe buildings. Order may be applied for to
Circuit Court if owners do not repair or demolish building.
Ch. 24, S. 11-31-1 Cum Supp.
Ch 34, S. 429.8 Cum Supp.
BUILDING UNSAFE DEMOLITION AS FIRE
HAZARDS
Corporate authorities of a municipality may direct the demolition
of unsafe buildings for purpose of guarding against fire.
Ch. 24, S. 11-8-3
BUSINESS OFFENSIVE REGULATIONS
Corporate authorities of municipality may prohibit an offensive or
unwholesome business.
Ch. 24, S. 11-42-9
CHICAGO SANITARY DISTRICT REMOVAL OF
OBSTRUCTIONS FROM DES PLAINES RIVER
Sanitary District may remove obstructions from Des Flames River
when necessary for prevention of a nuisance.
Ch. 42, S. 372a
CLINICAL LABORATORIES ESTABLISHMENT OF
RULES AND REGULATIONS FOR OPERATION
Department of Public Health shall prescribe and enforce certain
rules and regulations concerning the issuance, renewal, revocation
or suspension of any licenses necessary for purposes of this Act.
Ch 111.5, S. 624-101 Cum. Supp.
COAL MINES REFUGE PLACES TO BE FREE OF
REFUSE OBSTRUCTIONS
All refuge places must be kept clear of obstructions and no
material may be stored or accumulated therein.
Ch. 93, S. 15
COAL MINES ROCK DUSTING
Coal dust must be controlled by wetting or the use of rock dust.
Ch. 93, S. 14.13
BUSINESS UNWHOLESOME REGULATIONS
Corporate authorities of a municipality may compel owner of an
unwholesome business to cleanse, abate or remove the same.
Ch. 24, S. 11-42-10
CATTLE DISEASED DESTRUCTION
Department of Agriculture shall cause the destruction of cattle
affected with tuberculosis.
Ch. 8, S 90
CHICAGO CITY COUNCIL POWER TO DEFINE AND
ABATE NUISANCES
City Council shall have power to define nuisances and abate them
by ordinance.
Ch. 24, S. 21-20
CHICAGO REGIONAL PORT DISTRICT CREATION
Created as a political subdivision, body politic and municipal
corporation embracing certain townships and has power to sue
and be sued.
Ch. 19, S. 154
CHICAGO REGIONAL PORT DISTRICT RIGHTS AND
POWERS
Rights and powers include: issuance of permits for construction or
deposits, removal of obstructions, location of dock and shore lines,
regulations legarding water vessels, construction and maintenance
of terminal facilities and entering into contracts.
Ch 19, S. 156
CHICAGO REGIONAL PORT DISTRICT RIGHTS AND
POWERS GRANTING OF PERMITS
Plans for any fill or deposit of certain material or refuse matter or
building of structures in or near waters of district must be
submitted and permit obtained or fine will be imposed.
Ch. 19, S. 162
COUNTY BOARDS GENERAL POWERS
County board has powers enumerated in Sections 25.01 through
25.33 subject to stated conditions.
Ch. 34, S. 401 Cum. Supp.
COUNTY BOARDS POWER TO ABATE AND
PREVENT WATER POLLUTION
County board has power to prevent pollution in bodies of water
and to cause parties to cease pollution.
Ch. 34, S. 3116
COUNTY BOARDS POWER TO CONTRACT FOR
GARBAGE COLLECTION AND DISPOSAL
Contracts may be made with other cities, villages, towns, or
counties for collection and disposal of garbage, refuse and ashes.
Ch. 34, S. 418
COUNTY BOARDS POWER TO CREATE REGIONAL
PLANNING COMMISSION
A regional planning commission shall be created to make a plan
for the development of a region, and for improvements and
utilities in it.
Ch. 34, S 3001
COUNTY' BOARDS POWER TO ENACT ZONING
REGULATIONS
County boards have the power to regulate and restrict the location
and use of buildings and lands and to regulate zoning of the
county according to certain classifications for purposes of
promoting public welfare.
Ch 34, S. 3151 Cum. Supp.
COUNTY BOARDS POWER TO ESTABLISH
PROGRAMS FOR WEED CONTROL
County Board has the power to create a county weed control
department and to provide for control and eradication of weeds.
Ch 34, S. 420
95
-------
ILLINOIS
COUNTY BOARDS POWER TO ESTABLISH
REGULATIONS
County Boards may prescribe rules and regulations governing
water supply and sewage collection and treatment.
Ch. 34, S. 414
COUNTY BOARDS POWER TO FURNISH GROUNDS
OR FACILITIES FOR GARBAGE DISPOSAL
County boards have the power to furnish grounds or facilities for
garbage disposal by sanitary land fill methods and charge a fee for
the use.
Ch. 34. S. 417 Cum. Supp.
COUNTY BOARDS POWER TO INSPECT AND
LICENSE GARBAGE DISPOSAL AREAS
County board has power to annually license garbage disposal
areas and vehicles used for hauling garbage except those owned by
city or town, and make rules for inspections of disposal areas.
C/i 34, S. 5402
COUNTY BOARDS POWER TO REGULATE SEWAGE
OR WASTE DISPOSAL
County board has power to control and regulate the disposal of
sewage, refuse and other wastes; construct a sewerage system and
furnish sewerage service to individuals or corporations.
C/i. 34, S. 3111 Cum. Supp.
COWS DISEASED DISPOSITION
Cows reacting to tuberculin tests must be disposed of as directed
by authorities.
Ch. 56.5, S. 189
CH. 56.5, S. 220.2
CREMATION DISPOSAL OF RESIDUAL ASHES
Holder of a certificate of registration is authorized to dispose of
the residual ashes of any cremated human body provided no
person entitled to custody makes a proper request.
Ch. 111.5, S. 73.9a Cum. Supp.
CREMATION PERMITS
A permit to cremate a body must be obtained from the coroner by
the funeral director.
Ch. 31, S. 10.3
DEMOLITION MATERIALS DEFINITION
Demolition materials means the wastes resulting from the
destruction of structures including concre'e, plaster, wire, wood
and other materials.
Ch. 85, S. 1653.0! Cum. Supp
DEPARTMENT OF AGRICULTURE DESTRUCTION
OF ADULTERATED FOOD
When a court finds food, drugs or articles are adulterated or
misbranded they shail be destroyed at the expense of the claimant.
Ch. 56.5, S. 506 Cum. Supp
DEPARTMENT OF AGRICULTURE DESTRUCTION
OF NUISANCE PLANTS
When a species or variety of plant is determined to be a nuisance a
hearing will be held and if it is decided that the plant shai) be
eradicated, public notice shall be given. Inspections may be made
96
on property supposed to be infected and if necessary, plants will
be eradicated.
C/i. 5, S. 75
DEPARTMENT OF AGRICULTURE DESTRUCTION
OF SWINE WITH HOG CHOLERA
Swine affected with or exposed to hog cholera shall be destroyed
when there is danger of the cholera spreading. Diagnosis must be
made by certain departments.
Ch. 8, S 10.62 Cum. Supp.
DEPARTMENT OF AGRICULTURE INSPECTION
AND CERTIFICATION OF RENDERING OPERATIONS
Inspection of buildings and equipment used for disposal of dead
bodies shall be made and certification given if requirements are
complied with.
C/i. 8, S. 153
DEPARTMENT OF AGRICULTURE REGULATION OF
LOADING PLATFORM OPERATIONS
Department shall make regulations for loading platforms in
accordance with provisions of this Act.
Ch. 111.5, S. 190
DEPARTMENT OF AGRICULTURE SEIZURE AND
DESTRUCTION OF CERTAIN SEEDS
Department shall inspect, examine and analyze agricultural or
vegetable seeds. If seeds are found to be in violation of the
provisions of this Act, they shall be disposed of in various ways.
Ch. 5, S 41
DEPARTMENT OF AGRICULTURE SUPERVISION OF
DISPOSITION OF CONDEMNED MEAT
Animals or poultry unfit for human food shall be permanently
identified as Illinois Inspected and Condemned.
Ch. 56.5, SS. 309 and 310 Cum. Supp.
DEPARTMENT OF CONSERVATION DISPOSITION
OF CONTRABAND FISH
All fish, minnows, frogs, turtles or mussels bought or sold contrary
to provisions of this Act are contraband and subject to seizure.
Ch. 56, S, 155
DEPARTMENT OF CONSERVATION DISPOSITION
OF WILD ANIMALS
Contraband wild birds or animals or parts thereof, seized and
confiscated, shall be disposed of by Department.
Ch. 61, S. 148 Cum. Supp.
DEPARTMENT OF CONSERVATION LICENSING OF
SURFACE MINES
A permit for surface mining where overburden exceeds 10 feet is
required from the Department.
Ch 93, S. 180.4 Cum Supp
DEPARTMENT OF CONSERVATION POWERS AND
DUTIES
Department shall hsve the powers enumerated in Sections 63al
through 63a28.
Ch. 127, S. 63a Cum. Supp.
-------
ILLINOIS
DEPARTMENT OF CONSERVATION PREVENTION
OF WATER POLLUTION
Power to take measures necessary for the prevention of pollution
of rivers, lakes, streams and other waters, to conserve fauna and
flora, and to work with other Departments for prevention.
Ch. 127, S. 63a5
DEPARTMENT OF PUBLIC HEALTH ADOPTION
ENFORCEMENT OF REGULATIONS
Right to adopt and enforce regulations governing location,
construction and maintenance of public water supply installations.
Ch. 111.5, S. 121f
DEPARTMENT OF PUBLIC HEALTH APPROVAL OF
PLANS FOR WATER SUPPLY INSTALLATION
Approval of plans for public water supply installations must be
obtained from the Department. Attorney General may bring
injunction against person not first obtaining approval.
Ch. 111.5, S. I2Ib
DEPARTMENT OF PUBLIC WORKS AND BUILDING
ILLINOIS WATERWAY SALE OF MACHINERY
Power to sell or dispose of various materials unnecessary for the
management, construction, repair or use of the Illinois Waterway
or its appurtenances.
Ch. 19, S 85.11
DEPARTMENT OF PUBLIC WORKS AND BUILDING
REGULATION OF JUNKYARDS
The Department shall promulgate regulations governing the
location, construction and maintenance, including materials used
in, junkyards or scrap processing facilities.
Ch. 121, S. 465 Cum. Supp.
DEPARTMENT OF REGISTRATION AND EDUCATION
POWERS AND DUTIES
Department has powers listed in Sec. 58.01 through 58.35
inclusive.
Ch. 127, S. 58
DEPARTMENT OF PUBLIC HEALTH
DETERMINATION OF QUALITY OF WATER SUPPLY
When Department determines that a public water supply is
contaminated, the owner must take immediate action to correct
sanitary defects.
Ch. 111.5, S. 121j
DEPARTMENT OF PUBLIC HEALTH GRANTING OF
PERMITS FOR SOLID WASTE DISPOSAL FACILITIES
A permit must be obtained from the Department before
establishing a refuse disposal facility, public or private. Inspection
and reports will be made by the Department before issuing the
permit.
Ch. 85. 1674 Cum. Supp.
DEPARTMENT OF PUBLIC HEALTH POWERS AND
DUTIES
Department has the powers enumerated in Sections 55.01 to 55.35
inclusive.
Ch. 127, S 55
DEPARTMENT OF PUBLIC HEALTH REQUISITION
OF DISPOSAL SITES FOR RADIOACTIVE WASTES
Power to acquire lands and buildings where radioactive wastes can
be disposed and to regulate the operation of the sites.
Ch 127, S 5534
DEPARTMENT OF PUBLIC HEALTH SEIZURE OF
BANNED HAZARDOUS SUBSTANCES
Misbranded or banned hazardous substances are subject to seizure
by the Department and if court orders them condemned, the
Department shall dispose of them.
Ch. 111.5, S. 255 Cum. Supp.
DEPARTMENT OF PUBLIC WORKS AND BUILDING
FIXING OF SHORE AND HARBOR LINES
The Department shall fix shore and harbor lines to prevent fills,
deposits or other encrouchments upon any lake or river of the
State.
Ch. 19, S. 71 Cum Supp.
DEPARTMENT OF REGISTRATION AND EDUCATION
REGULATION OF DISPOSAL DEAD BODIES
To exercise the rights and powers vested in the State Board of
Health relating to the embalming and disposal of dead bodies, and
to license embalmers.
Ch. 127, S. 58.06
DOGS IMPOUNDED DESTRUCTION
All dogs impounded for failure to be inoculated shall be humanely
disposed of when not redeemed by the owner.
Ch. 8, S. 8-23n
DRAINAGE DISTRICT EXERCISE OF EMINENT
DOMAIN
When court orders the performance of any work, the land to be
used may be acquired by eminent domain if a contract cannot be
made with the owner for various reasons.
Ch. 42, S. 4-17 Cum. Supp.
DRAINAGE DISTRICT PREVENTION OF WATER
POLLUTION
The commissioners have the power to provide for collection and
disposal of sewage, construct sewage facilities, and contract with
other parties when the district drainage system is causing
pollution.
Ch. 42, S. 473 Cum. Supp.
House Bill No. 3800 1970 Session Laws
DRAINAGE SYSTEM CONSTRUCTION OR
EXTENSION BY SANITARY DISTRICTS
Every sanitary district has the power to construct or extend
sewerage or drainage district and to provide for funds by the sale
of revenue bonds.
Ch. 42, S. 329a
DUMPING ILLINOIS AND MICHIGAN CANAL
Whoever shall put a dead animal or offensive matter into the
Illinois and Michigan Canal shall be fined.
Ch. 19, S. 23
97
-------
ILLINOIS
ECONOMIC POISONS DEFINITION
Economic poison means a substance for preventing or destroying
insects, rodents, plants, or animals, which the Department shall
declare to be a pest, or a substance used as plant regulator or
defoliant,
Ch. 5, S. 87c.2
ECONOMIC POISONS SEIZURE AND DISPOSITION
Any economic poison not in compliance with this Act is subject to
seizure and if court finds poison to be in violation of this Act, it
shall be disposed of.
Ch. 5, S. 87c.9
EMINENT DOMAIN CITY OF CHICAGO
City may exercise right of eminent domain by condemnation
proceedings.
Ch. 24, S. 21-19
EMINENT DOMAIN DEPARTMENT OF PUBLIC
BUILDINGS AND WORKS
Department has the power to acquire by condemnation under the
eminent domain laws all property necessary for the construction,
maintenance, or repair of waterways and its appurtenances.
Ch. 19, S. 85.8
EMINENT DOMAIN DISPOSAL FACILITIES
When a city, village or town acquires real property by
condemnation for garbage or refuse disposal, it shall use the
procedure for eminent domain.
Ch. 24, S. 11-19-10
EMINENT DOMAIN MUNICIPALITIES
Corporate authorities of a municipality may exercise the right of
eminent domain by condemnation to acquire property useful for
public welfare.
Ch. 24, S. 11-61-1
EMINENT DOMAIN RIVER CONSERVANCY
DISTRICTS
A conservancy district may use the procedure of eminent domain
for the acquirement of property necessary for making im-
provements.
Ch. 42, S. 393
EMINENT DOMAIN SANITARY DISTRICT PRIVATE
PROPERTY
When it is necessary to take or damage private property for right-
of-way or other purposes, the sanitary district may use the right of
eminent domain.
Ch. 42, S. 264
EMINENT DOMAIN SANITARY DISTRICT PUBLIC
PROPERTY
Whenever it is necessary for improvement or work authorized by
this Act to enter public property, the sanitary district may use the
eminent domain laws.
Ch. 42, S. 265
98
EMINENT DOMAIN SANITARY DISTRICTS
A sanitary district may acquire property by purchase, con-
demnation or otherwise required for its purposes.
Ch. 42, S. 261
EMINENT DOMAIN SEWERAGE SYSTEMS
For the purpose of improving, constructing, and acquiring a
sewerage system, a municipality may acquire property by eminent
domain.
Ch. 24, S. 11-141-10
EMINENT DOMAIN WATERWORKS AND
SEWERAGE SYSTEMS
A municipality has the right of eminent domain to acquire,
construct or improve any combined waterworks and sewerage
system.
Ch. 24, S. 11-139-12
ENVIRONMENTAL PROTECTION ACT
This is an act to protect the environment of the State and to repeal
certain Acts. The Act includes 13 sections on general provisions,
air pollution, water pollution, public water supplies, land pollution
and refuse disposal, noise, atomic radiation, regulations,
enforcement, variances, permits, judicial review, penalties and
miscellaneous provisions.
House Bill No. 3788 1970 Session Laws
ENVIRONMENTAL PROTECTION ACT
APPROPRIATIONS FOR ADMINISTRATION
This is an Act making appropriations for administration of the
Environment Protection Act naming sums for the Division of
Engineering and the Division of Laboratories.
House Bill No. 3789, 1970 Session Laws
ENVIRONMENTAL PROTECTION ACT LAND
POLLUTION AND REFUSE DISPOSAL
Purpose of this Title is to prevent the pollution or misuse of land,
to promote conservation of natural resources, and minimize
damage by facilitating disposal of wastes and by re-cycling of
wastes.
House Bill No. 3788, Title V, 1970 Session Laws
ENVIRONMENTAL SANITATION DEFINITION
Environmental sanitation means application of scientific prin-
ciples for the control of various physical conditions of man's
environment for the purpose of promoting the welfare of
mankind; includes the testing and evaluation of materials to
accomplish the above.
Ch. 111.5, S. 552
EXPLOSIVES DEFINITION
Explosives are any chemical compound or mechanical mixture
used for the purpose of producing an explosion and which contain
such ingredients that igniting will cause gaseous pressures capable
of destruction to objects, life or limb.
Ch. 95.5, S. 1-119 (Illinois Vehicle Code) Cum. Supp.
EXPLOSIVES TRANSPORTATION
Every vehicle carrying explosives shall be labelled, Explosive; care
must be taken in driving and handling the vehicle; smoking and
driving while intoxicated is prohibited. No device for producing a
-------
ILLINOIS
spark or heat is allowed near the vehicle; no passengers are
allowed in vehicle; vehicle shall be equipped with two fire
extinguishers; nonflammable flares must be carried. No person
may transport liquid nitroglycerin on any highway unless it is
desensitized.
Ch. 93, S. 151
Ch. 95.5, S. 12-131 Cum. Supp.
House Bill No. 3160, 1970 Session Laws
House Bill No. 3161, 1970 Session Laws
Ch. 127.5, S 51 Cum. Supp.
House Bill No. 3159, 1970 Session Laws
FARM PRODUCTS SEIZURE AND DESTRUCTION
Farm products may be seized for condemnation and confiscation,
warrants issued and the court shall hear and determine the
proceedings. Proceedings shall be by complaint and verified by
affidavit. If article is considered in violation of this act, it shall be
disposed of by destruction.
Ch. 5, S. 102.15 Cum. Supp.
FIREWORKS SEIZURE AND DESTRUCTION
If a violation of this Act has occurred, an official may file a
complaint, verified by affidavit, the premises may be searched for
fireworks and the property seized and ordered destroyed.
Ch. 127.5, S. 130 Cum. Supp.
FOOD SANITATION REGULATIONS FOR
PREPARATION ESTABLISHMENTS
Sidewalks and ceilings of bakeries, creameries, cheese factories,
hotel and restaurant kitchens shall be constructed so they can be
easily cleaned, and floors of buildings handling food shall be of a
material which can be washed with water.
Ch. 56.5, S. 69
FOOD AND INDUSTRIAL PROCESSING WASTES
DEFINITION
Food and industrial processing wastes include the wastes of
canneries, slaughter houses, packing plants, condemned food,
wastes from brick, concrete, shingle, buildings, structures, streets,
sidewalks, or work performed by owner or contractor.
CH. 85, S 1653.02 Cum. Supp.
GARBAGE DEFINITION
Garbage means putrescible vegetable waste, animal, poultry or
fish carcasses resulting from preparation of food, wastes from
storage and sale of produce, animal excretion, glass or metal
containers, unusable objects, paper and wood wastes, grass, leaves,
discarded furniture or clothing, dead animals.
Ch. 8, S. 211 Cum. Supp.
Ch. 24, S. 11-19-2
Ch. 34, S. 5401
Ch. 111.5, S. 462
Garbage means wastes from preparation and cooking of food and
storage and sale of produce.
Refuse means combustible trash, noncombustible trash, street
rubbish.
Ch. 24, S. 11-19-2
GARBAGE DISPOSAL IN CORPORATE LIMITS OF
MUNICIPALITIES
No person may dump garbage within corporate limits of a city
other than his own or one which is under contract with his own.
Penalties will be imposed on violators.
Ch. 100.5, S. 27 Cum. Supp.
GARBAGE DISPOSAL IN OR NEAR STATE WATERS
It is unlawful to deposit wire, cans, bottles, glass, paper, trash,
boxes, insoluble material into the waters or on the ice of any water
of the State or on its banks.
Ch 56, S 160 Cum. Supp.
GARBAGE DISPOSAL ON HIGHWAYS
It is unlawful to deposit weeds, trash, garbage, bottles, glass,
boards or nails on the highway. Fines shall be imposed on
violators.
Ch. 121, S. 9-121 Cum. Supp.
GARBAGE DISPOSAL ON PROPERTY OF OTHERS
It is unlawful to dump garbage or refuse on real property owned
by another without his consent. Penalties will be imposed on
violators.
Ch. 100.5, S. 28 Cum Supp.
GARBAGE DISPOSAL ON STREETS MUNICIPAL
PROPERTIES
Corporate authorities of a municipality may regulate and prevent
the depositing of ashes, offal, dirt, garbage or other offensive
matter in the streets.
Ch. 24, S. 11-80-10
GARBAGE DISPOSAL ON TOLL HIGHWAYS
It is unlawful to deposit on toll highways trash, glass, weeds or
garbage. Fines will be imposed on violators.
Ch. 121, S. 100-27 Cum. Supp.
Ch. 121, S. 314a-47.5 Cum. Supp.
GARBAGE INJUNCTION TO PREVENT FEEDING TO
FARM ANIMALS
A person violating this Act may be enjoined by the Department of
Agriculture from continuing such violation.
Ch. 8, S. 214 Cum. Supp.
GARBAGE INSPECTIONS TO PREVENT FEEDING
TO FARM ANIMALS
The Department of Agriculture may make inspections to enforce
this Act and administer its provisions.
Ch. 8, S. 215 Cum. Supp.
GARBAGE PENALTY FOR FEEDING TO FARM
ANIMALS
Violations of this Act are misdemeanors and fines of various
amounts will be imposed.
Ch. 8, S. 213 Cum. Supp.
GARBAGE POWER OF SANITARY DISTRICTS TO
CONTRACT FOR DISPOSITION
Board of trustees of a sanitary district have the power to contract
with other cities for the reduction, treatment and disposal of
garbage or solid matter removed from sewage at disposal plants.
Ch. 42, S. 293
99
-------
ILLINOIS
GARBAGE STORAGE AND DISPOSAL IN TRAILER
COACH PARKS
Fly-proof and water-tight containers or an incinerator shall be
supplied and shall be emptied every 3 days and shall not create a
nuisance or menace to health.
Ch. 111.5, S. 172.12
GARBAGE COLLECTION AND DISPOSAL
INDIVIDUAL OR JOINT ACTION BY MUNICIPALITIES
Municipalities may contract with other municipalities for garbage
and refuse disposal.
Ch. 24, S. 11-19-6
GARBAGE COLLECTION AND DISPOSAL JOINT
CONTRACTS
Contracts between municipalities for collection or disposal of
garbage and refuse shall include: whether it shall be an inter-
municipal function or contract with private parties, the financial
and personnel contributions and other terms of contract.
Ch. 24, S. 11-19-7
GARBAGE DEPARTMENTS INTER MUNICIPAL
OPERATION
In an inter municipal garbage department, employees shall be
considered employees of the appropriate city, and administrative
heads shall be appointed by the largest municipality.
Ch. 24, S. 11-19-8
GARBAGE DISPOSAL AREA DEFINITION
Garbage disposal area means place to which garbage is hauled
outside a municipality but inside the county.
Ch. 34, S. 5401
GARBAGE DISPOSAL PLANTS ESTABLISHMENT OF
MAINTENANCE
Corporate authorities of a municipality of a certain population
may establish and maintain garbage disposal and collection plants
and may levy a tax or charge for services.
Ch. 24, S. 11-19-4 Cum. Supp.
GARBAGE DUMPS OPEN PENALTIES FOR
OPERATING
The Department of Public Health may bring an action of
injunction against a person operating an open garbage dump and
may impose a fine.
Ch. 111.5, S. 463 Cum Supp.
GARBAGE DUMPS OPEN PROHIBITED
No person may operate an open site for the disposal of garbage.
Inspections of sites may be conducted by the Department of
Public Health.
Ch. 111.5, S. 461 Cum. Supp.
GARBAGE FEEDING TO FARM ANIMALS
Garbage may not be fed to swine or other farm animals or poultry
except garbage produced in an individual's household and fed to
animals on his premises provided the garbage fed to swine does
not contain meat.
Ch. 8, S. 212 Cum. Supp.
100
GARDEN TRASH DEFINITION
Garden trash is all accumulations of grass or shrubbery cuttings
and other refuse from the care of lawns, shrubbery, vines or trees.
Ch. 85, S. 1653.03 Cum. Supp.
GOB DEFINITION
Gob is solid refuse consisting of waste coal, rock, pyrites, slate or
other unmerchantable material.
Ch. 93, S. 180.3 Cum. Supp.
HAVANA REGIONAL PORT DISTRICT CREATION
Havana Regional Port District is created as a political subdivision
embracing Havana Township of Mason County. The District may
sue and be sued.
Ch. 19, S. 601 Cum. Supp.
HAVANA REGIONAL PORT DISTRICT FUNCTIONS
POWERS AND DUTIES
The District has the power to issue permits for the deposit of rock,
earth, sand or other material into navigable waters within the
District.
Ch. 19, S. 604 Cum. Supp.
HAZARDOUS SUBSTANCES DEFINITION
Hazardous substance means a substance or mixture which is toxic,
corrosive, flammable, irritating or which generates pressure and
which may cause personal injury or illness, also means radioactive
substance.
Ch. 111.5, S. 252-4 Cum. Supp.
HIGHWAYS DEPOSITING DANGEROUS
SUBSTANCES
No person may deposit glass, bottles, nails, tacks, wires or cans on
highways and shall remove it if he does so.
Ch. 95.5, S. 11-1413 (111. Vehicle Code) Cum. Supp.
HIGHWAYS DISCHARGE OF WASTE ON OR NEAR
No sewage may be emptied into open ditches or drains along a
street or highway and a penalty will be imposed for violators.
Ch. 121, S. 9-123
HIGHWAYS INJURING OR OBSTRUCTING
Persons obstructing or causing damage to highways by various
means will be fined and required to remedy the situation.
Ch. 121, S. 9-117
HOGS DISEASED DISPOSAL OF CARCASSES
Any owner of hogs suspected of hog cholera or any contagious
disease must prevent the spread of the disease and bury all swine
that have died.
Ch. 8, S. 8
ILLINOIS INDIANA AIR POLLUTION CONTROL
COMPACT
This compact consists of 11 Articles covering: findings and
purpose, definition of air pollution, the powers of the Commission,
functions, hearing procedures, right of entry, committees,
limitations and finances.
Ch. 111.5, S. 240.31
-------
ILLINOIS
ILLINOIS INDIANA INTERSTATE AIR POLLUTION
CONTROL COMMISSION COOPERATION WITH
The departments, agencies and officers of Illinois are authorized
to cooperate with the Illinois-Indiana Interstate Air Pollution
Control Commission and may contract with and lend services to
the Commission.
Ch. 111.5, S. 240.32
INDUSTRIAL WASTE DEFINITION
Industrial wastes means any solids, liquids or gaseous wastes
resulting from industrial processes or from the development of
natural resources. Other wastes means garbage, refuse, wood
residues, sand, lime, ashes, silt, oil, dyes, acids, chemicals, and all
other substances not sewage or industrial wastes which tend to
cause pollution.
Ch. 42. S. 326bb Cum. Supp.
Ch. 19, S. 145.2
House Bill No. 3797 1970 Session Laws
INDUSTRIAL WASTE DISPOSAL BY SANITARY
DISTRICT
No sewerage system which discharges industrial or other wastes
into the waters of a district may be installed without a written
permit from the sanitary district and the district has the power to
collect costs for the operation of such systems whether they are
independent or combined with municipal systems.
Ch. 42, S. 326bb Cum. Supp.
Ch. 42, S. 283.1 Cum. Supp.
INDUSTRIAL WASTE DISPOSITION
It is unlawful for a person or corporation to discharge industrial
wastes into sewers where the discharge goes above a certain
volume unless permission is granted by the sanitary district and
payment is made.
Ch. 42, S. 326a
INFLAMMABLE MATERIALS CARE AND STORAGE
IN METAL MINES
Inflammable materials used in metal mines must be kept in a
covered building or underground tanks and may not be stored in
the working parts of the mine or above any openings, shafts or
tunnels.
Ch. 93, S. 117
JOLIET REGIONAL PORT DISTRICT CREATION
The District was created as a political subdivision and municipal
corporation including certain towns in Will County, Illinois,
adjoining or traversed by the Illinois Waterway. The District may
sue and be sued.
Ch. 19, S. 253
JOLIET REGIONAL PORT DISTRICT ISSUANCE OF
PERMITS
District has the power to issue permits for the construction of
structures in or near navigable waters and for the deposit of
certain materials into such waters. Penalties will be imposed for
those not receiving permits.
Ch. 19, S. 254.1 Cum. Supp.
Ch. 19, S. 263
JOLIET REGIONAL PORT DISTRICT RIGHTS AND
POWERS
District has the powers set out in Sections 4.1 through 4.17.
Ch. 19, S. 254 Cum Supp.
JUNK DEFINITION
Junk means rope, rags, paper, rubber, wrecked automobiles or
scrap metal.
Ch. 121, S. 462 Cum. Supp.
JUNK DEALERS LICENSE
Corporate authorities may license, tax and regulate businesses
dealing in junk.
Ch. 24, S. 11-42-3 Cum. Supp.
JUNK DEALERS LICENSING AND REGULATION BY
TOWNSHIP
Townships may authorize, license and regulate junk dealers.
Ch 139, S. 39.12
JUNK VEHICLES DISPOSAL BY STATE
When an owner of an unclaimed vehicle cannot be determined the
vehicle may be sold or disposed of.
Ch. 95.5, S. 4-208 (III Vehicle Code) Cum. Supp.
JUNK VEHICLES FEASIBILITY OF RECYCLING
The commission shall study the feasibility of recycling junked
vehicles into productive raw materials.
House Bill No. 3185 1970 Session Laws
JUNKYARDS CONDITIONS FOR ESTABLISHMENT
Junkyards may be established near highways if they are screened,
not visible from the highway or located in an industrial zone.
Ch. 121, S. 463 Cum. Supp.
JUNKYARDS DEFINITIONS
A junkyard is a place of business maintained for storing, buying or
selling junk and shall include garbage dumps and sanitary fills.
Ch. 121, S 462 Cum. Supp.
JUNKYARDS FEDERAL-STATE AGREEMENT
The Department may enter into agreements with the U.S.
Government relating to the control of junkyards or scrap
processing facilities in certain areas.
Ch. 121, S. 468 Cum. Supp.
JUNKYARDS LEGISLATIVE DECLARATION
Regulations to restrict the establishment and operation of
junkyards and scrap processing facilities are declared for the
purpose of promoting public health.
Ch. 121, S. 461 Cum. Supp.
JUNKYARDS NONCONFORMING CONDEMNATION
RELOCATION
When regulations cannot be complied with, the Department may
relocate the junkyards.
Ch. 121, S. 466 Cum. Supp.
JUNKYARDS NONCONFORMING INJUNCTIVE
RELIEF
The Department may apply to the circuit court for an injunction
101
-------
ILLINOIS
to abate nuisances created by junkyards which do not comply with
this act.
Ch. 121, S. 467 Cum. Supp.
JUNKYARDS SCREENING
Junkyards within 1000 feet of certain highways must be screened.
Ch. 121, S. 464 Cum. Supp.
KASKASKIA REGIONAL PORT DISTRICT CREATION
District is created as a political subdivision and municipal
corporation embracing certain townships and counties. The
District may sue and be sued.
Ch. 19, S. 503 Cum. Supp.
KASKASKIA REGIONAL PORT DISTRICT GRANTING
OF PERMITS
It is unlawful to deposit rock, sand, refuse, or other materials or
construct structures in or near navigable waters of District without
receiving a permit and a fine will be imposed for noncompliance.
Ch. 19, S. 530 Cum. Supp.
Ch. 19, 2. 507 Cum. Supp.
LAKE MICHIGAN ABATEMENT OF POLLUTION
This bill provides for the abatement of pollution on the beaches of
and in Lake Michigan.
House Bill No. 3823 1970 Session Laws
LAND CLEARING WASTES DEFINITION
Land clearing wastes are wastes resulting from land clearing
operations where certain materials are accumulated.
Ch. 85. S. 1653.04 Cum. Supp.
LAND POLLUTION DEFINITION
Land pollution means land pollution and refuse disposal as stated
in the Environmental Protection Act.
House Bill. No. 3793 1970 Session Laws
LANDING PLATFORM OPERATION DISINFECTION
OF VEHICLES
All vehicles carrying animals, poultry or fish believed to have died
of disease must be totally disinfected with a certain solution.
Ch. 111.5, S. 192
LOADING PLATFORM DEFINITION
A loading platform means a place where dead animals, poultry,
fish or parts thereof are collected for loading on trucks.
111.5. S. 186
LOADING PLATFORM FLOORING
Floors must be constructed of a nonabsorbent material, adequate
drainage and water supply for cleaning. Platforms, trucks and
equipment shall be kept sanitary.
Ch. 115.5, S. 189
LOADING PLATFORM OPERATION LICENSING
A license is required from the Department of Agriculture to
operate a loading platform.
Ch. 111.5, S. 187
102
LOADING PLATFORM OPERATION VIOLATIONS
AND PENALTIES
Whoever violates this Act will be fined or imprisoned or both.
Ch. 111.5, S. 193
METAL MINES REFUGE PLACES FREE OF REFUSE
OBSTRUCTIONS
All places of refuge in a metal mine must be kept clear and no
refuse shall be placed therein.
Ch. 93, 138.28
METAL MINES STABLES REMOVAL OF WASTES
All refuse from water closets shall be removed once a day; all
stables for the housing of mules, horses or other animals shall be
thoroughly cleaned once a day.
Ch. 93. S. 135
MILK AND MILK PRODUCTS REMOVAL STORAGE
AND DISPOSITION OF MANURE
All manure shall be stored or disposed of in a manner to prevent
breeding of flies and access of cows to the manure.
Ch. 56.5, S. 195
MILK AND MILK PRODUCTS MANUFACTURED
DISPOSAL OF WASTES
All wastes from the manufacture of milk products must be
disposed of in conformity with the requirements of the
Department.
Ch. 56.5, S. 129.12
MINES MAGAZINE AREAS
All magazine areas must be kept free of grit and dirt.
Ch. 93, S. 20.08 Cum. Supp.
MINES ROCK DUSTING
All underground mines, except those containing dust in a quantity
sufficient to create an explosion shall be rock dusted.
Ch. 93, S. 24.03 Cum. Supp.
MINES WATERING
Water or wetting agents must be used to control dust in mines.
Ch. 93, S. 24.02 Cum. Supp.
MINES ABANDONED FILLING
All openings of abandoned mines shall be filled with earth or
other material or be permanently enclosed and sealed.
Ch. 93, S. 34.03 Cum. Supp.
MINES REFUGE PLACES FREE OF REFUSE
OBSTRUCTIONS
Refuge places must be kept clear of refuse and obstructions.
Ch. 93, S. 2303 Cum. Supp.
MINES SURFACE DUTY OF OPERATOR RELATIVE
TO REFUSE
Slurry and gob shall be effectively confined in depressed areas and
screened by vegetation.
Ch. 93, 180.6 Cum. Supp.
MINES SURFACE LICENSING PROCEDURES
Any person wishing to engage in surface mining where overburden
-------
ILLINOIS
exceeds 10 feet must obtain a permit upon submiting certain
information. Application for amendment of the permit may be
made.
Ch. 93, 180.5 Cum. Supp.
MIXED REFUSE DEFINITION
Mixed refuse is any combination of garbage and trash as collected
in a combined pickup; may include demolition material or
noncombustible refuse.
Ch. 85, S. 1653.05 Cum. Supp
MOTOR VEHICLE EXHAUST SYSTEM
All motor vehicles must be equipped with an adequate muffler or
exhaust system in constant operation and maintained to prevent
noise and smoke.
Ch. 95.5, S. 12-121 (III. Vehicle Code) Cum. Supp.
MOTOR VEHICLE JUNKING CERTIFICATE
REQUIRED FOR DESTRUCTION
A certificate of junking must be issued by the Secretary of State to
possess, transport, junk or destroy a vehicle.
Ch. 95.5, S. 3-117 (III. Vehicle Code) Cum. Supp.
MOTOR VEHICLE INOPERATIVE DISPOSAL
Corporate authorities of a municipality may declare public or
private inoperable motor vehicles a nuisance and impose fines for
failure of owner to dispose of said vehicle.
Ch. 24, S. 11-40-3 Cum. Supp.
MOTOR VEHICLE WRECKERS LICENSING
An application for license for a wrecker of motor vehicles shall be
filed with the Secretary of State and accompained by stated fees.
Ch. 95.5, S. 5-301 (III, Vehicle Code) Cum. Supp.
MOTOR VEHICLE WRECKERS RECORD KEEPING
Motor vehicle wreckers are required to keep records of bodies,
parts or accessories of vehicles acquired by him and every vehicle
wrecked, dismantled or rebuilt and shall have the title or evidence
of his right to possession of vehicles.
Ch. 95.5, S. 5-401 (III, Vehicle Code) Cum. Supp.
MT CARMEL REGIONAL PORT DISTRICT
CREATION
District was created as a political subdivision, body politic and
municipal corporation which consists of the territory within the
corporate limits of Mt. Carmel. The District may sue and be sued.
Ch. 19, S. 703 Cum. Supp.
MT CARMEL REGIONAL PORT DISTRICT
GRANTING OF PERMITS
It is unlawful to make a fill or deposit of rock, earth, sand or refuse
matter or build any structure near or in the navigable waters of the
district without a permit.
Ch. 19, S. 718 Cum. Supp.
MT CARMEL REGIONAL PORT DISTRICT
ISSUANCE OF PERMITS
Permits may be issued for deposit of matter into and the building
of constructions near the navigable waters of the district.
Ch. 19, S. 705.2 Cum. Supp.
MT CARMEL REGIONAL PORT DISTRICT RIGHT
AND POWERS
Port District has the powers set out in Section 5.1 through 5.22.
Ch. 19, S. 705 Cum. Supp.
MUNICIPAL INDEBTEDNESS LIMITATION
Certain cities may not become indebted beyond a certain limit for
any purpose.
Ch. 24, S. 8-5-1 Cum. Supp.
Ch. 85, S. 851
MUNICIPAL INDEBTEDNESS LIMITATION OF
EXCEPT FOR SEWERAGE FACILITIES AND
TREATMENT PLANTS
Indebtedness shall not apply to acquiring constructing and
operating sewage facilities or sewage treatment plants or a
combination.
Ch. 85, S. 851.19 Cum. Supp.
NATURAL RESOURCES LEGISLATIVE
DECLARATION
Conservation, development and proper use of water resources are
dependent on sound planning and procedures requiring the
cooperative efforts of many different agencies, public and private.
It is essential that a proper State agency be created and vested
with powers and duties.
Ch. 19, S. 1071 Cum. Supp.
NATURAL RESOURCES DEVELOPMENT BOARD
ASSESSMENT OF WATER SUPPLY
Duty to assess biennially the adequacy of water supplies to meet
requirements of State, taking into account quantity and quality
considerations.
Ch. 19, S. 1077.01 Cum. Supp.
NATURAL RESOURCES DEVELOPMENT BOARD
COORDINATION OF ACTIVITIES
Power to formulate and implement policies and procedures to
effect coordination and cooperation between all State agencies in
the planning and management of water and land resources.
Ch. 19, S. 1077.05 Cum. Supp.
NATURAL RESOURCES DEVELOPMENT BOARD
CREATION
The Board is created and shall consist of certain Department
Directors. Other regulations included.
Ch. 19, S. 1072 Cum. Supp.
NATURAL RESOURCES DEVELOPMENT BOARD
POWERS AND DUTIES
The Board has powers and duties prescribed in Sections 7.01
through 7.13.
Ch. 19, S. 1077 Cum. Supp.
NAVIGABLE WATERS GRANTING OF PERMITS FOR
FILLS BY SENECA REGIONAL PORT DISTRICT
It is unlawful to deposit rock, earth or refuse or build structures in
or near the navigable waters of the district without a permit. Fines
or imprisonment will be imposed for noncompliance. Other
regulations included.
Ch. 19, S. 364
103
-------
ILLINOIS
NAVIGABLE WATERS GRANTING OF PERMITS FOR
FILLS BY SHAWNEETOWN REGIONAL PORT
DISTRICT
It is unlawful to deposit earth, sand or refuse or build structures in
or near navigable waters of the district without a permit. Fines and
imprisonment will be imposed for noncompliance. Further
regulations listed.
Ch. 19, S. 414
NAVIGABLE WATERS GRANTING OF PERMITS FOR
FILLS BY THE SOUTHWEST REGIONAL PORT
DISTRICT
It is unlawful to deposit earth, sand or refuse or build structures in
or near the navigable waters of the district without a permit. Fines
and imprisonment will be imposed for noncompliance. Further
regulations listed.
Ch. 19, S. 467
NAVIGABLE WATERS GRANTING OF PERMITS FOR
FILLS BY TRI-CITY REGIONAL PORT DISTRICT
It is unlawful to deposit earth, sand or refuse or build structures in
or near the navigable waters of the district without a permit. Fines
and imprisonment will be imposed for noncompliance. Further
regulations listed.
Ch. 19, S. 297
NAVIGABLE WATERS GRANTING OF PERMITS FOR
FILLS BY WAUKEGAN PORT DISTRICT
It is unlawful to deposit rock, earth or refuse or build structures in
or near the navigable waters of the district without a permit. Fines
or imprisonment will be imposed for noncompliance. Further
regulations listed.
Ch. 19, S. 192
NON-COMBUSTIBLE REFUSE DEFINITION
Non-combustible refuse means refuse that is unburnable in
incinerators, such as metals, glass, crockery or autobodies.
Ch. 85, S. 1653.06 Cum. Supp.
NORTHEASTERN ILLINOIS METROPOLITAN AREA
PLANNING COMMISSION CONTINUED
The above named Commission is continued under the name of
Northeastern Illinois Planning Commission. No rights or duties
are changed.
Ch. 85, S. 1104.1 Cum. Supp.
NORTHEASTERN ILLINOIS METROPOLITAN AREA
PLANNING COMMISSION PREPARATION OF
PLANS
Duty to prepare plans which include plans for: land use,
transportation facilities, water supply, drainage, sewage disposal
and pollution, schools and recreation facilities.
Ch. 85, S. 1121
NORTHEASTERN ILLINOIS PLANNING ACT
Act known and cited as Northeastern Illinois Planning Act.
Ch. 85, S. 1101 Cum. Supp.
NORTHEASTERN ILLINOIS PLANNING ACT POLICY
RELATIVE TO NORTHEASTERN COUNTIES
In order to provide for the welfare of the people a plan should be
104
devised to guide the development of sewage disposal, trans-
portation, and many other services.
Ch. 85, S. 1102 Cum. Supp.
NORTHEASTERN ILLINOIS PLANNING COMMISSION
CREATION
Created as a body politic and corporate to exercise powers and
duties prescribed by this Act.
Ch. 85, S. 1104 Cum. Supp.
NORTHEASTERN ILLINOIS PLANNING COMMISSION
POWERS AND DUTIES
Duties are set out in Sections 18 through 26 and Commission is to
act solely as an advisory body to agencies and interested persons.
Ch. 85, S. 1117 Cum. Supp.
NUISANCE ABATEMENT AND DEFINITION BY
MUNICIPALITY
Corporate authorities of a municipality may define, prevent and
abate nuisances.
Ch. 24, S. 11-60-2
NUISANCE ABATEMENT BY DRAINING AND
FILLING OF PONDS
Corporate authorities of each municipality may provide for
cleansing and purification of waters, watercourses and canals and
provide for drainage and filling of ponds on private property.
Ch. 24, S. 11-20-4
NUISANCE ABATEMENT ON OR NEAR NATIONAL
GUARD GROUNDS
Any filth, offal, decaying matter or any material that constitutes a
menace to public health or near National Guard or Naval Militia
grounds may be ordered by the department of Public Health to be
removed. Fines will be imposed for noncompliance.
Ch. 129, S. 220.96 Cum. Supp.
NUISANCE PUBLIC ABATEMENT
Whoever causes, erects or continues a nuisance shall be fined or
jailed and the nuisance shall be abated by the proper officer.
Ch. 100.5, S. 29 Cum. Supp.
NUISANCE PUBLIC ACTS CONSTITUTING
Public nuisances include: leaving carcasses, offal or filth lying
about, throwing carcasses or offensive matter into waters, or
streets, corrupting waters, obstructing navigable waters or
highways and streets and permitting wells to remain unplugged;
others listed.
Ch. 100.5, S. 26 Cum. Supp.
OHIO RIVER VALLEY WATER SANITATION COMPACT
Negotiated by several states stated in the Act and consists of 11
articles dealing with the control of pollution in the drainage basin
of the Ohio River.
Ch. 111.5, S. 117
OIL FIELD WASTES DISPOSAL
The Mining Board has the power to dispose of salt, sulphur-
bearing water and oil field wastes produced by gas or oil well.
Ch. 104, S. 69a Cum. Supp.
-------
ILLINOIS
OIL WELLS LEAKING LIABILITY
The fact that a person has initiated a proceeding or attempted to
remedy the condition of a well shall not constitute an admission of
liability for pollution.
Ch. 104, S. 80.4 Cum. Supp.
OIL WELLS LEAKING SURFACE AND SUBSURFACE
POLLUTION
The Department may enter upon land to repair or plug wells
leaking salt water, oil or gas if the situation has not been remedied
after notice by the Department.
Ch. 104, S. 80.1 Cum. Supp.
OUTLET SEWERS ACQUISITION OF PROPERTY
Corporate authorities of municipalities may acquire all property
necessary for the construction and maintenance of outlet sewers.
Ch. 24, S. 11-140-3
OUTLET SEWERS CONSTRUCTION
Corporate authorities may construct outlet sewers, reservoirs and
plants for the treatment of sewage, acquire land necessary for
these purposes, and otherwise provide for the discharge of sewage.
Ch. 24, S. 11-140-1
OUTLET SEWERS SPECIAL ASSESSMENTS
Corporate authorities of a municipality may maintain and repair
outlet sewers, purification plants, reservoirs and pumps. Cost shall
be borne by special assessment.
Ch. 24, S 11-140-2
PLANNING COMMISSION AND DEPARTMENT
CREATION
A municipality may create a planning commission. Certain rules
and regulations listed.
Ch. 24, S 11-12-4 Cum. Supp.
PLANNING COMMISSION AND DEPARTMENT
POWERS
Powers include preparing a plan for development of the
municipality, recommending changes and plans for specific
improvements and to give aid to officials.
Ch. 24, S. 11-12-5
PLANNING COMMISSION AND DEPARTMENTS
PRELIMINARY APPROVAL OF PLAT APPLICATIONS
Corporate authorities may provide that a plat of subdivision
showing proposed methods of sewage and waste disposal be
presented to the commission for preliminary approval
Ch. 24, S. 11-12-8 Cum. Supp.
POLLUTION AIR CONTROL BY COUNTIES
Control will be exercised by prescribing by ordinance for the
regulation of the design and installation of structures, the uses of
land and the operation of equipment; and by contracting with
other parties for the control of air pollution.
Ch. 34, S. 421.2 Cum. Supp.
House Bill No. 3825 1970 Session Laws
POLLUTION AIR CONTROL OF ISSUANCE OF
BONDS FOR PURPOSE OF ACQUIRING EQUIPMENT
Bonds will be issued for replacement and remodeling of sewage
treatment works, flood control facilities and air pollution
equipment by the corporate authorities of a sanitary district.
Ch. 42, S. 328.6a Cum. Supp.
POLLUTION AIR DEFINITION
Air pollution its presence in out-door atmosphere of one or more
air contaminants in quantity and of character as to be injurious to
life or property.
Ch. 111.5, S. 240.2 Cum. Supp.
Air pollution means air pollution as defined in Illinois Air
Pollution Control Act.
Ch. 14, S. 11 Cum. Supp.
Air pollution means air pollution as defined in the Environmental
Protection Act, 76th General Assembly.
House Bill No. 3793 1970 Session Laws
POLLUTION AIR MEASURES FOR CONTROL OF
ISSUANCE OF BONDS
State is authorized to issue and sell bonds for control of air and
water pollution.
Ch. 19, S. 1032 Cum. Supp.
POLLUTION AIR POWERS OF ATTORNEY
GENERAL
Attorney General has the power to prevent air or water pollution
in a county by mandamus or injunction.
Ch. 14, S. 12 Cum. Supp.
POLLUTION AIR PUBLIC NUISANCE
Air pollution is contrary to public policy of State of Illinois and in
violation of this Act.
Ch. 111.5, S. 240.3
POLLUTION CONTROL FACILITIES DEFINITION
Pollution control facilities means any system, method, con-
struction, device or appliance, designed and operated to eliminate
or reduce air and water pollution or to treat, modify or dispose of
a solid, liquid or gaseous pollutant.
House Bills Nos. 3806, 3807, 3808, 3809, 3810 1970 Session
Laws
Ch. 120, S. 502a-2
POLLUTION CONTROL FACILITIES TAXATION
RETAILER'S OCCUPATION TAX
Purchase, employment and transfer of tangible personal property
as pollution control facilities is not a purchase, use or sale of
tangible property. Includes definition of Pollution control
facilities.
House Bill No. 3809 1970 Session Laws
POLLUTION CONTROL FACILITIES TAXATION
SERVICE OCCUPATION TAX
Purchase, and transfer of tangible personal property as pollution
control facilities is not a purchase, use or sale of tangible, but
intangible, property. Definition of facilities included.
House Bill No. 3808 1970 Session Laws
POLLUTION CONTROL FACILITIES TAXATION
SERVICE USE TAX ACT
Purchase and transfer of tangible property as pollution control
105
-------
ILLINOIS
facilities is not a purchase, use or sale of tangible property.
Includes definition of facilities.
House Bill No. 3807 1970 Session Laws
POLLUTION CONTROL FACILITIES TAXATION USE
TAX ACT
Purchase and transfer of tangible property as pollution control
facilities is not a purchase, use or sale of tangible property.
Includes definition of facilities.
House Bill No. 3806 1970 Session Laws
POLLUTION CONTROL FACILITIES VALUATION
Certain considerations must be taken into account when pollution
control facilities are evaluated for the purpose of determining the
fair cash value.
Ch. 120, S. 502a-3
POLLUTION CONTROL FACILITIES VALUATION
AGENCIES FOR CERTIFICATION AND ASSESSMENT
Pollution control facilities shall be certified for tax purposes by the
Pollution Control Board and assessed by the Department for tax
purposes.
House Bill No. 3810 1970 Session Laws
POLLUTION CONTROL FACILITIES VALUATION
JUDICIAL REVIEW OF CERTIFICATION
PROCEEDINGS
Any applicant or holder aggrieved by the issuance or refusal to
issue, denial or restriction of a pollution control certificate may
appeal.
Ch. 120, S. 502a-7
House Bill No. 3810 1970 Session Laws
POLLUTION CONTROL FACILITIES VALUATION
POWERS AND DUTIES OF CERTIFYING BOARD
Before denying a certificate, the Board must give notice in writing
and opportunity for a fair hearing to the applicant. Certification
may be revoked under certain stated conditions.
Ch. 120, S. 502a-6
House Bill No. 3810 1970 Session Laws
POLLUTION CONTROL FACILITIES VALUATION
PROCEDURES FOR ASSESSMENT
Proceedings for assessment and reassessment of property certified
for pollution control facilities shall be conducted in accordance
with regulations of Department of Revenue.
Ch. 120, S. 502a-8
POLLUTION WATER COMMISSION TO SURVEY
AND STUDY PROBLEMS
Sum of $20,000 or as much of sum as is necessary is appropriated
to above Commission for ordinary and contingent expenses.
Senate Bill No. 1487 1970 Session Laws
POLLUTION WATER DEFINITION
Water pollution means any alteration of the properties of the
water of this State or discharge into waters of any substance which
is likely to create a nuisance or render waters harmful to life. Also
includes the discharge of wastes containing soluble or insoluble
solids of organic or inorganic nature beyond the volume
106
discharged from sewage treatment works in accordance to
standards set by Sanitary Water Board.
Ch. 14, S. 11 Cum. Supp.
Ch. 19, S. 145.2
Ch. 42, S. 326bb Cum. Supp.
House Bill No. 3793 1970 Session Laws
House Bill No. 3797 1970 Session Laws
POLLUTION WATER POLICY
Whereas pollution to waters of the State constitutes a menance to
public welfare and is harmful to wildlife and aquatic life and
impairs legitimate beneficial uses of water, it is declared the policy
of this State to maintain reasonable standards of purity of the
waters.
Ch. 19, S. 145.1
POLLUTION WATER PREVENTION BY
MUNICIPALITIES
Corporate authorities of municipalities may prevent the pollution
of waters.
Ch. 24, S. 11-125.1
POLLUTION WATER PROHIBITION
No person shall throw, run, drain, or otherwise deposit into waters
of the State any organic or inorganic matter that shall cause
pollution.
Ch. 19, S. 145.10
POLLUTION WATER PURE WATER BOARD
LIMITATION IN AMOUNT OF GRANTS
Total of not to exceed $100,000,000 of proceeds from sale of bonds
issued pursuant to Pure Waters Development Bonds Act may be
used for making grants.
Ch. 19, S. 1023-5 Cum. Supp.
PUBLIC UTILITIES ISSUANCE OF STOCKS BONDS
NOTES
Power of public utilities to issue stocks, certificates, bonds and
notes is a special privilege. The regulation and control of such are
vested in the Commission according to the provisions of this Act.
Ch. Ill 2/3, S. 20
PUBLIC UTILITIES POWERS AND DUTIES
Charges made shall be just and reasonable, unjust charges are
considered unlawful. Services, equipment and facilities shall
promote the welfare of patrons.
Ch. Ill 2/3, S. 32
PUBLIC UTILITY DEFINITION
Public utility means and includes corporations, companies, etc.
that own, control and operate within this State for public use, any
plant, equipment or property used for transportation, telegraph or
telephone messages, furnishing of heat, cold, light, power,
electricity, water; disposal of sewage, conveyance of oil or gas,
business of wharfinger. Exceptions listed.
Ch. Ill 2/3, S. 10.3 Cum. Supp.
PUBLIC UTILITY FUND APPROPRIATIONS FROM
FOR ILLINOIS INSTITUTE ENVIRONMENTAL
QUALITY
Issued for the purpose of conducting studies concerning
-------
ILLINOIS
environmental pollution problems caused by public utilities or for
abating these problems.
House Bill No 3791 1970 Session Laws
PUBLIC WATER GRANTING OF PERMITS FOR
FILLS BY SANITARY WATER BOARD
It is unlawful to deposit earth, sand or refuse or build structures in
or near the waters of the State without obtaining a permit. Fines
will be imposed for noncompliance. Further regulations listed.
Ch. 19, S. 65 Cum. Supp.
PUBLIC WATER DISTRICTS ACQUISITION
MAINTENANCE OF SEWERAGE PROPERTIES
Public Water Districts are authorized to acquire and maintain and
operate sewerage properties in combination with waterworks
properties.
Ch. Ill 2/3, S. 2JOa
PUBLIC WATER DISTRICTS CREATION
AUTHORIZED
Any area of a certain population may be created into a public
water district for the maintenance of waterworks properties to
preserve public health.
Ch. Ill 2/3, S. 188
PUBLIC WATER DISTRICTS ISSUANCE OF
REVENUE BONDS
Board is authorized to issue revenue bonds to pay costs incurred in
acquiring and maintaining waterworks properties. Regulations
regarding bonds are listed.
Ch. Ill 2/3, 203 Cum. Supp.
Board of Trustees is authorized to issue revenue bonds for
acquisition, construction, maintenance and operation of sewerage
properties.
Ch. Ill 2/3, S. 210b
PUBLIC WATER DISTRICTS SUPERVISION AND
CONTROL OF WATERWORKS PROPERTIES
The board of trustees has the supervision and control of all
waterworks properties and has power and duty to maintain,
operate and improve them.
Ch. Ill 2/3, S. 198 Cum. Supp.
PUBLIC WATER SUPPLY DEFINITION
Public water supply means all pipes and structures through which
water is obtained and distributed to the public including certain
structures used for furnishing water for drinking or general
domestic use in municipalities and State-owned properties and
institutions.
Ch. 111.5, S. 121a
PUBLIC WATER SUPPLY OPERATORS TRAINING
INSTITUTE CURRICULUM
The Committee shall develop the curriculum of the above institute
and the Sewage Treatment Operators Training Institute and shall
include courses providing methods for maintenance of facilities
and a study of sewage treatment and disposal laws and public
water supply laws.
Ch. 144, S. 693 Cum. Supp.
PUBLIC WATER SUPPLY OPERATORS TRAINING
INSTITUTE DURATION OF COURSES
Duration must be at least one week and a 2-day refresher course.
Includes Sewage Treatment Operators Training Institute.
Ch. 144, S. 694 Cum. Supp.
PUBLIC WATER SUPPLY OPERATORS TRAINING
INSTITUTE ESTABLISHMENT
Trustees of Southern Illinois University shall establish the above
institute and a Sewage Treatment Plant Operators Training
Institute and designate a location and number of times programs
will be offered.
Ch. 144, S. 691 Cum. Supp.
PUBLIC WATER SUPPLY OPERATORS TRAINING
INSTITUTE EXPENSES OF ATTENDANCE
Each municipality or sanitary district shall pay expenses of
employees attending the Institutes.
Ch. 144, S. 695 Cum. Supp.
PUBLIC WATER SUPPLY OPERATORS TRAINING
INSTITUTE SUPERVISORY COMMITTEE
A Sewage Treatment Operators Training Institute Committee and
a Public Water Supply Operators Training Institute Committee or
a combined committee are created.
Ch. 144, S. 692 Cum. Supp.
PURE WATERS BOARD ADMINISTRATION OF
PURE WATERS DEVELOPMENT ACT
Board has power to administer the provisions of the Pure Water
Development Act.
Ch. 19, S. 1008.12 Cum. Supp.
PURE WATERS BOARD ASSESSMENT OF
QUANTITY AND QUALITY OF WATER SUPPLY
Power to prepare a biennial assessment of the adequacy of water
supply to meet State requirements, considering both quantity and
quality.
Ch. 19, S. 1008.01 Cum. Supp.
PURE WATERS BOARD CONDITIONS FOR LOAN
The applicant must demonstrate that: the facilities to be
constructed are necessary for welfare of the inhabitants and for
community development, the loan application has been reviewed
and the planning commission has attached a statement of its
views, and the revenue from the facility will pay the principal and
interest on the loan.
Ch. 19, S. 1028-1 Cum. Supp.
PURE WATERS BOARD CONDITIONS FOR LOAN
GUARANTEE
The Air Pollution Control Board must certify that: facilities are
necessary for public welfare, facilities will be effective, facilities
will comply with rules and regulations of the Air Pollution Control
Board.
Ch. 19, S. 1027-2 Cum. Supp.
PURE WATERS BOARD CONDITIONS OF
RECEIVING GRANT
Grants will not be distributed unless the Pure Waters Board and
107
-------
ILLINOIS
the Sanitary Water Board find that the grant is necessary for the
construction of treatment facilities.
Ch. 19, S. 1023-3 Cum. Supp.
PURE WATERS BOARD COORDINATION OF
RELEVANT ACTIVITIES
Power to formulate and implement plans and procedures to effect
coordination and cooperation between all State agencies for
development of water and land resources.
Ch. 19, S. 1008.05 Cum. Supp.
PURE WATERS BOARD CREATION
The Pure Waters Board is created and shall consist of Directors of
designated Departments.
Ch. 19. S. 1003 Cum. Supp.
PURE WATERS BOARD DISTRIBUTION OF GRANTS
FOR CONSTRUCTION AND EXPANSION OF WATER
SUPPLY SYSTEMS
Board is authorized to allocate and distribute grants of State funds
to municipalities, intermunicipal and interstate agencies for the
construction and expansion of waterworks and water supply
systems.
Ch. 19, S. 1024.1 Cum. Supp.
PURE WATERS BOARD DISTRIBUTION OF GRANTS
FOR PURE WATER
The Board is authorized to distribute grants for the purpose of
providing pure water for the citizens of the State.
Ch. 19, S. 1023-1 Cum. Supp.
PURE WATERS BOARD DISTRIBUTION OF GRANTS
FOR SEWAGE TREATMENT FACILITIES
Board is authorized to allocate and distribute grants of State funds
to municipalities, sanitary districts, or intermunicipal and inter-
State agencies for construction of treatment works to prevent
discharge of untreated sewage or waste into waters for
improvement of sewage collection systems.
Ch. 19, S. 1023-2 Cum. Supp.
PURE WATERS BOARD ESTABLISHMENT OF LOAN
GUARANTEE PROGRAM
The Board is authorized to establish a loan guarantee program to
assist public and private corporations in financing air pollution
control facilities.
Ch. 19, S. 1027-1 Cum. Supp.
PURE WATERS BOARD LIMITATION OF FUNDS
UNDER LOAN PROGRAM
Total amount from sale of bonds pursuant to Pure Waters
Development Bond Act, not exceeding a certain amount, may be
used to guarantee loans.
Ch. 19, S. 1027-4 Cum. Supp.
PURE WATERS BOARD LIMITATION ON AMOUNT
OF LOANS
The total is not to exceed $250 million of the proceeds from sale of
bonds issued pursuant to the Pure Waters Development Board Act
used for the purpose of making loans.
Ch. 19, S. 1023-6 Cum. Supp.
108
PURE WATERS BOARD PURPOSE OF GRANTS
Grants shall be used for construction, extension and improvement
of sewage collection systems and sewage treatment works and for
reports, plans and specifications in connection with these.
Ch. 19, S. 1023-4 Cum. Supp.
PURE WATERS DEVELOPMENT ACT PURPOSE
Purpose of Act is to provide programs for the conservation,
development and use of natural resources of this State and to
authorize the Pure Waters Board to finance such programs.
Ch. 19, S. 1021-3 Cum. Supp.
RADIOACTIVE WASTES ACQUISITION OF SITES
Director of Public Health is authorized to acquire by various ways
lands, buildings, and grounds where radioactive wastes can be
concentrated, stored or disposed of.
Ch. 111.5, S. 230.1
RADIOACTIVE WASTES DISPOSAL ACQUISITION
OF SITES FEDERAL FUNDS
Director of Public Health may receive moneys, lands and
buildings in behalf of the State given by the Federal government
or public and private agencies for the concentration of radioactive
wastes.
Ch. 111.5, S. 230.2
RADIOACTIVE WASTES DISPOSAL LEASING
Director of Public Health may lease lands and buildings to a
private firm for the purpose of operating sites for the
concentration and storage of radioactive wastes.
Ch. 111.5, S. 230.3
RADIOACTIVE WASTES DISPOSAL RECORD-
KEEPING REQUIREMENTS
Department shall require each person who uses a source of
ionizing radiation to keep records relating to its storage, transfer
or disposal.
Ch. 111.5, S. 218.12
RADIOACTIVE WASTES DISPOSAL STATUS OF
DISPOSAL SITES
Any site used for concentration and storage of radioactive wastes
will be a continuing responsibility in the interests of public welfare
and be reposed in a sovereign government and all such wastes
accepted by the State shall become the property of the State.
Ch. 111.5, S. 230.6
REFUSE DEFINITION
Refuse means garbage, combustible trash, noncombustible
rubbish, street rubbish, ashes and solid wastes.
Ch. 24, S. 11-19-2
Ch. 111.5, S. 481 Cum. Supp.
Ch. 111.5, S. 471 Cum. Supp.
Refuse is all material directly connected with cleaning and
preparation of minerals.
Ch. 93, S. 180.3 Cum. Supp.
REFUSE DISPOSAL ADVISORY BOARD CREATION
Board is created and shall consult with and advise the Department
-------
ILLINOIS
of Public Health on matters of policy in connection with
promulgation of standards and regulations of this Act
Ch. 111.5, S. 474
REFUSE DISPOSAL MINIMUM STANDARDS
CERTIFICATES OF EXEMPTION
A certificate of exemption will be issued to municipalities already
meeting minimum standards of this Act. Certificate may be
suspended if Department of Public Health decides standards are
not being met.
Ch. 111.5, S. 476 Cum. Supp.
REFUSE DISPOSAL REGULATIONS PENALTIES
Whoever violates provisions of this Act will be fined. Each day
constitutes a separate offense.
Ch. 111.5, S. 473.1 Cum. Supp.
REFUSE DISPOSAL SITES AND FACILITIES
INSPECTION
Department of Public Health may conduct inspections to insure
compliance with this Act and minimum standards established.
Injunctive relief may be sought for offenders.
Ch. 111.5, S. 473 Cum. Supp.
REFUSE DISPOSAL SITES AND FACILITIES
REGISTRATION
A person must register with the Department of Public Health any
new disposal site or facility and the discontinuance of any site.
Ch. 111.5, S. 472 Cum. Supp.
REFUSE DISPOSAL SITES AND FACILITIES
SUPERVISION
Department of Public Health shall supervise the operation and
maintenance and enforce procedures for the discontinuance of
refuse disposal sites and facilities.
Ch. 111.5, S. 471 Cum. Supp.
REFUSE OUT-OF-STATE DUMPING
Refuse may not be transported into the State from another state
for the purpose of disposal unless the site is one which meets
requirements of this State.
Ch. 111.5, S. 482 Cum. Supp
REFUSE OUT-OF-STATE PENALTIES FOR DUMPING
Any violation of this Act may be enjoined as a nuisance and
punished by a fine.
Ch. 111.5, S. 483 Cum. Supp.
REGIONAL PLANNING INTERSTATE PLANNING
COMMISSIONS
Joint planning commissions may be formed between counties,
cities and states when authorized by the Department of Business
and Economic Development and by laws of other states.
Ch. 85, S. 1021 Cum. Supp.
REGIONAL PLANNING POLICY RELATIVE TO
SOUTHWESTERN ILLINOIS METROPOLITAN
COUNTIES AREA
General Assembly has determined that the general welfare of the
people is dependent on the development of southwestern Illinois
metropolitan counties area. A comprehensive plan should be
devised to coordinate water supply, sewage disposal and other
listed services, and an agency should be created to adopt the plan.
Ch 85, S. 1152
REGIONAL PLANNING SOUTHWESTERN ILLINOIS
METROPOLITAN AREA PLANNING ACT
Act shall be known and cited as above title.
Ch. 85, S. 1151
RENDERER DEFINITION
Renderer means any person who collects, cooks and processes
animals, poultry or fish for purposes other than human
consumption.
Ch. 8, S. 149.1 Cum. Supp.
RENDERING OPERATIONS FAILURE TO SATISFY
STATUTORY OR AGRICULTURE DEPARTMENT
REGULATIONS
Inspector will notify the applicant if the building does not meet
the requirements of this Act or of the Agriculture Department and
if defects are remedied, a second inspection shall take place.
Ch. 8, S. 156
RENDERING OPERATIONS RENEWAL OF LICENSE
License will be renewed each year if the holder remains
responsible and suitable to carry on the business.
Ch. 8, S. 157
RENDERING OPERATIONS STATUTES AND
REGULATIONS PERTAINING TO VIOLATIONS AND
PUNISHMENT
Violations shall be punished by fine or imprisonment.
Ch. 8, S. 167
RESOURCE DEVELOPMENT BOND ACT
Act shall be known and cited by above title.
Ch. 19, S. 1031 Cum. Supp.
RESOURCE DEVELOPMENT BOND BOARD
CREATION
Board is created and consists of the Governor, State Treasurer and
the Attorney General. The Board will control the issuance and sale
of bonds.
Ch. 8, S. 1033 Cum. Supp.
RIVER CONSERVANCY DISTRICTS ALLOWABLE
INDEBTEDNESS
Limitations in Section 1 of this Act will not apply to indebtedness
incurred by River Conservancy Districts.
Ch. 85, S. 851.5c
RIVER CONSERVANCY DISTRICTS ORGANIZATION
Whenever the unified control of a river system shall be deemed
conducive to the welfare of the rivers, provision of water supplies,
disposal of sewage and provision of recreational facilities, the
same may be organized as a conservancy district by petition,
hearings and vote by residents.
Ch. 42, S. 383 Cum. Supp.
109
-------
ILLINOIS
RIVER CONSERVANCY DISTRICTS POWER TO
CONTRACT FOR SEWAGE DISPOSAL
Power to construct works for the disposal of sewage and to
contract with sanitary districts for sewage disposal.
Ch. 42, S. 404 Cum. Supp.
RIVER CONSERVANCY DISTRICTS POWERS
The board of trustees has the power to clean, fill in, or alter any
ditch, sewer, pond, lake, etc. in the district; to construct ditches,
sewers, reservoirs, and other works and bridges and to change
numerous other constructions listed in this section. Other powers
include: supervision, construction of fishways and acquirement of
land.
Ch. 42, S. 392a Cum. Supp.
RIVER CONSERVANCY DISTRICTS PREVENTION OF
WATER POLLUTION
Board of trustees has the power to prevent pollution of waters and
to organize a police force to control the territory of the District for
purpose of preventing pollution. Districts may cooperate and enter
into agreements with agencies of the U.S. Government, Municipal
Corporations, political subdivisions and persons.
Ch. 42, S. 403 and 409
House Bill No. 3798 1970 Session Laws
ROUGH FISH REMOVAL AND DISPOSITION
The Department may stock waters with fish, minnows, frogs,
turtles and mussels and dispose of all rough fish and turtles when
action is necessary to preserve game fish.
Ch. 56, S. 144.01
RUBBISH DEFINITION
Rubbish or trash means refuse accumulations of paper, excelsior,
rags, boxes, and accumulations of a nature other than garbage
which are used by houses, stores, offices and business places. Does
not include non-combustible refuse.
Ch. 85, S. 1653.07 Cum. Supp.
SANITARIAN REGISTRATION ACT
This Act includes definitions, qualifications for registration as a
Sanitarian, methods of registration, examinations, details con-
cerning certificates of registration (i.e., terms, renewal, denial or
revocation), Board of Registration for Sanitarians, duties and
actions of Board, judicial review of administrative decisions,
violations of the Act and penalties for violation.
Ch. 111.5, SS. 551-561 and 563-571
SANITARIANS DEFINITION
Sanitarian means a person whose education and experience
qualifies him to work for the promotion of public health or who
applies the principles of environmental sanitation for the purpose
of promoting the welfare of mankind. Examples given.
Ch. 111.5, S. 552
SANITARIANS LICENSING
Person must be registered under this Act in order to work as a
Sanitarian, and no agency may employ a person as a Sanitarian
who is not registered. Exceptions for this Act are listed.
Ch. 111.5, S. 553
110
SANITARY DISTRICTS ALLOWABLE
INDEBTEDNESS FOR DISTRICTS ORGANIZED UNDER
1936 ACT
Limitation prescribed in Section 1 of this Act (See No. 247) does
not apply to districts organized under 1936 Act.
Ch. 85, 851.15a
Limitation prescribed in Section 1 of this Act does not apply to
indebtedness of sanitary district organized under 1911 Act.
Ch. 85, S. 851.16a Cum. Supp.
Limitation prescribed in Section 1 of this Act does not apply to
indebtedness of sanitary districts organized under 1917 Act.
Ch. 85, S. 851.16
SANITARY DISTRICTS AUTHORITY TO OPERATE
OR LEASE WATERWORKS
Sanitary districts have the authority to save and preserve waters
from sewage pollution by operating waterworks and have same
powers as districts organized under 1911 Act.
Ch. 42, S. 295
SANITARY DISTRICTS DISCHARGES FROM
CHANNELS
Any channel or outlet discharging sewage into rivers or streams
shall produce a continuous flow of water sufficient to insure health
of people. Certain wastes shall also first be removed. Specifics
listed.
Ch. 42, 341
SANITARY DISTRICTS DISCHARGES OF RAW
SEWAGE OR WASTE FROM CHANNELS
If sanitary district causes or allows discharge of raw sewage or
waste which pollutes waters it shall immediately notify the
Sanitary Water Board and municipalities using the waters.
Ch. 42, S. 326e Cum. Supp.
SANITARY DISTRICTS EXPENDITURES JOINTLY
WITH CITIES OR VILLAGES
Sanitary Districts and cities and villages may join in authorization
for joint expenditures if the cities, villages and the district include
substantially the same area.
Ch. 85, S. 1621 Cum. Supp.
SANITARY DISTRICTS INCORPORATION
When a territory of certain stated specifics shall be situated as to
be subject to overflow from rivers, and the construction of levees
and drainage outlets will be conducive to public health, it may be
incorporated into a sanitary district. Voter requirements included.
Ch. 42, S. 247 Cum. Supp.
SANITARY DISTRICTS POWERS AND DUTIES
Powers include: establishment and construction of works for
treatment and disposal of swamp or overflow water, sewage and
wastes; straightening or changing course of outlets and connecting
them with municipal outlets for sewage; entering into agreement
with municipalities for use of sewage disposal works; and
preserving waters from contamination. Further specifics listed.
Ch. 42, S. 260
House Bill No. 3795 1970 Session Laws
House Bill No. 3826 1970 Session Laws
-------
ILLINOIS
SANITARY DISTRICTS POWERS RELATIVE TO
WATERWORKS AND SEWAGE DISPOSAL
Powers include: construction of conduits, channels or ditches to
carry off sewage; provision of sewage disposal works or plants;
adoption of regulations for waste disposal.
Ch. 42, S. 283 Cum. Supp.
SANITARY DISTRICTS PREVENTION OF WATER
POLLUTION
Powers include: prevention of pollution of water supply, bringing
actions for abatement of pollution, appointment of police force,
building of dams to control flow of water, removing obstructions
from channels, building of sewage disposal plants and adopting
regulations for sewage discharge.
Ch. 42, S. 326aa, Cum. Supp.
Ch. 42, S. 317 Cum. Supp.
Ch. 42, S. 296
SANITARY ENGINEER DEFINITION
A sanitary engineer is a person who has obtained a baccalaureate
degree in engineering with major courses in sanitary or public
health engineering from a recognized four year engineering college
and has a minimum of five years experience in public health, two
of which were spent in administrative capacity, or a person
registered under The Illinois Professional Engineering Act.
Ch. 111.5, S. 552
SANITARY WATER BOARD CREATION
Created with members consisting of the directors of Public Health,
Conservation, and Public Works and Buildings Departments and
two members appointed by the Governor. Deputies from other
departments with voting powers will be appointed. Also created is
a Water Pollution Control Advisory Council consisting of 9
designated members.
Ch. 19, S. 145.3 Cum. Supp.
SANITARY WATER BOARD DESIGNATED AS STATE
WATER POLLUTION AGENCY
Designated as State agency for all purposes of the Federal Act and
authorized to take action to secure to this State the benefits of the
Federal Act.
Ch. 19, S. 145.20
SANITARY WATER BOARD ENFORCEMENT OF
WATER POLLUTION CONTROL MEASURES
Board will investigate violations and take action necessary to
enforce the provisions of this Act.
Ch. 19, S. 145.7
SANITARY WATER BOARD POWERS AND DUTIES
Powers include: cooperation with Surgeon General and State and
Federal agencies in water pollution matters, to apply for and
receive Federal funds, to approve projects of municipalities
applying for Federal money, to cooperate in suits for abatement of
pollution, to determine existence of pollution, to adopt regulations
governing hearings and permits. Numerous other powers listed.
Ch. 19, S. 145.21
Ch. 19, S. 145.6 Cum. Supp.
SANITARY WATER BOARD PROCEEDINGS
Board may investigate alleged acts of pollution. When it appears
this Act has been violated, the Board may order person to show
why discharge should not be discontinued, hearing may be held
and orders may be issued for discontinuance of discharge.
Ch. 19, S. 145.9
SANITARY WATER BOARD UTILIZATION OF
WATERS OF LAKE MICHIGAN
Board shall cooperate with City of Chicago and other units of
government to end discharge of waste into Lake Michigan from
vessels, abate other pollution and shall conduct water quality and
lake bed surveys to evaluate ecology and water quality of Lake
Michigan.
Ch. 19, S. 61a Cum. Supp.
SANITARY WATER BOARD VIOLATIONS AND
PENALTIES
Any person who violates this Act will be fined or jailed and may
be ordered to be liable to pay additional penalties for causing the
death of aquatic life.
Ch. 19, S. 145.13 Cum. Supp.
SCRAP PROCESSING FACILITIES DEFINITION
Scrap processing facility means any establishment having facilities
for processing iron, steel, nonferrous scrap, mineral wastes or slag,
and whose principle produce is scrap iron, steel or nonferrous
scrap for sale or remelting purposes.
Ch. 121, S. 462 Cum. Supp.
SENECA REGIONAL PORT DISTRICT CREATION
Created as a political subdivision, body politic and municipal
corporation embracing certain territory in La Salle County and
Grundy County. District may sue and be sued.
Ch. 19, S. 353
SENECA REGIONAL PORT DISTRICT ISSUANCE OF
PERMITS
Power to issue permits for construction or deposit of rock and
sand in or near navigable waters of district.
Ch. 19, S. 354.1
SENECA REGIONAL PORT DISTRICT RIGHTS AND
POWERS
District has rights and powers set out in Sections 4.1 through 4.17.
Ch. 19, S. 354
SEWAGE DEFINITION
Sewage means water-carried human wastes from residences,
buildings, industrial establishments, institutions or other places in
which such wastes are produced, together with such ground,
surface, storm or other water.
Ch. 42, S. 326bb Cum. Supp.
House BUI No. 3797 1970 Session Laws
SEWAGE AND WATERWORKS SYSTEMS
OPERATION
A municipality may acquire, construct and operate a combined
waterwork and sewerage system, provide for the payment of
obligations therefrom, collect charges for the use of the system,
and enter into contracts with any industrial establishment to abate
or reduce pollution.
Ch. 24, S. 11-139-2
111
-------
ILLINOIS
SEWAGE DISPOSAL INTERMUNICIPAL CONTRACTS
Adjacent municipal corporations have the power to contract
together for sewage drainage systems and sewage disposal or
treatment plants.
Ch. 24, S. 11-147-1
SEWAGE DISPOSAL PLANTS INTERSTATE
CONSTRUCTION AND USE OF PURPOSE
The purpose of certain sections of this Act is to eliminate or lessen
pollution of streams for the benefit of adjacent municipalities
located partly in Illinois and partly in another state.
Ch. 24, S. 11-148-7
SEWAGE DISPOSAL PLANTS INTERSTATE
CONTRACTS FOR CONSTRUCTION
Municipalities in Illinois which are adjacent to municipalities in
another state may jointly construct a sewage disposal plant and
own, operate and maintain the plant for joint use.
Ch. 24, S. 11-148-1
SEWAGE DISPOSAL PLANTS OPERATION AND
MAINTENANCE
Cities of certain populations may collect taxes for the purpose of
operating a sewage disposal plant. Voter regulations listed.
Ch. 24, S. 11-143-2
SEWAGE DISPOSAL SYSTEM TRAILER COACH
PARKS
Disposal of sewage in trailer coach parks shall be into a private
system which includes a sanitary means of disposal which does not
create a nuisance.
Ch. 111.5, S. 17210
SEWAGE PROPERTIES DEFINITION
Sewerage properties means: A sewerage treatment plant, sewers,
and drains, force mains, conduits, pumping stations, ejector
stations and other appurtenances and extensions necessary for
collection and disposal of waste.
Ch. Ill 2/3, S. 188
SEWAGE SYSTEMS APPROVAL OF PLANS
Plans for sewage systems must be first submitted to and approved
by the Department of Public Works and Buildings and by the
Environmental Protection Agency.
House Bill No. 3794 1970 Session Laws
SEWAGE SYSTEMS DEFINITION
Sewerage systems means and includes the following: sewerage
treatment plants, sewers and drains, force mams, conduits,
pumping and ejector stations and all appurtenances and
extensions necessary to the collection, treatment and disposal of
sewage.
Ch. 139, S. 160.31
Ch. 24, S. 11-139-1 Cum. Supp.
Ch. 24, S. 11-141-1
SEWAGE SYSTEMS OPERATION BY TOWNSHIPS
A township of less than 500,000 population is authorized to
construct and operate a waterworks or sewerage system or a
combination of both, to improve or extend such facilities, and to
enter into contract with industrial establishments to reduce
112
pollution and for payment by industrial establishment for use of
system. Board of town auditors may make and enforce rules and
regulations in regard to systems.
Ch. 139, S. 160.32
Ch. 139, S. 160.45 Cum. Supp.
SEWAGE SYSTEMS PUBLIC BENEFIT TAX FOR
FINANCING
A public benefit tax in addition to taxes now authorized may be
levied and collected for municipalities meeting specific listed
requirements.
Ch. 24, S. 9-2-38
SEWAGE SYSTEMS SPECIAL ASSESSMENTS
A municipality in or near a Federal defense project may collect a
special tax or assessment for extension of its sewage facilities
which is necessary because of increased population due to the
project. Exceptions to procedures for collection are listed.
Ch. 24, S 9-2-4
SEWAGE TREATMENT AND DISPOSAL PLANTS
OPERATION AND MAINTENANCE TAXES
A municipality may operate and maintain a sewerage system,
enter into contracts with an industrial establishment to abate or
reduce pollution caused by discharge from such establishment,
borrow money from the U.S. Government and issue its revenue
bonds. Regulations regarding bonds listed.
Ch. 24, S. 11-141-2 Cum. Supp.
SEWER FACILITIES INSTALLATION IN
REDEVELOPMENT PROJECTS
The Department of Urban Renewal may install sewer facilities in
redevelopment projects and advertise for bids for the work. A
State public body may cause sewer or drainage facilities to be
furnished in connection with a redevelopment project.
Ch. 67.5, S. 91.114 Cum. Supp.
Ch. 67.5, S. 85
SHAWNEETOWN REGIONAL PORT DISTRICT
CREATION
Created as a political subdivision, body politic and municipal
corporation embracing certain territory in Callston and Hardin
counties. District may sue and be sued.
Ch. 19, S. 403
SHAWNEETOWN REGIONAL PORT DISTRICT
RIGHTS AND POWERS
District has rights and powers to issue permits for construction
and for deposit of material in or near navigable waters of district,
to remove obstructions, to establish dock and shore lines, to
regulate water vessels, and to police its territories. Other powers
listed.
Ch. 19, S. 404
SLURRY DEFINITION
Slurry is the refuse separated from the mineral in the cleaning
process, consisting of fines and clays.
Ch. 93, S. 180.3 Cum. Supp.
SOLID WASTE DEFINITION
Solid waste includes demolition materials, food and industrial
-------
ILLINOIS
processing wastes, garden trash, land clearing wastes, mixed
refuse, noncombustible refuse, rubbish and trash.
Ch. 85, S. 1653 Cum. Supp.
SOLID WASTE DISPOSAL DISTRICT ADDITIONAL
POWERS AND DUTIES
A district has power to enter contracts, adopt by-laws, acquire real
estate, make regulations, accept gifts and grants, to employ an
executive officer responsible to board for carrying out its policies,
to charge and collect fees for use of facilities and services, to police
its property.
Ch. 85, S. 1667 Cum. Supp.
SOLID WASTE DISPOSAL DISTRICT APPLICATION
FOR GRANTS OR LOANS
District may apply for and receive grants or loans necessary for
performance of its objectives and may undertake its activities in
cooperation with other agencies or districts. Other governmental
units may aid districts in any appropriate manner.
Ch. 85, S. 1673 Cum. Supp.
SOLID WASTE DISPOSAL DISTRICT
CONSTRUCTION ACQUISITION AND OPERATION
DISPOSAL FACILITIES
District may, with approval of State Department of Public Health,
construct, acquire and operate its own solid waste disposal
facilities, may contract with other governmental bodies or private
parties for disposal of solid waste.
Ch. 85, S. 1666 Cum Supp.
SOLID WASTE DISPOSAL DISTRICT DEPOSIT OF
MONIES RECEIVED
Any money received or collected by the District shall be deposited
in the treasury of the district to be used for purchase of land and
equipment and payment of expenses. The board, upon request of
the treasurer, shall designate a bank or other depository in which
the funds may be deposited.
Ch. 85, S. 1669 Cum Supp.
Ch. 85, S. 1661 Cum. Supp.
SOLID WASTE DISPOSAL DISTRICT ELECTION
FOR ISSUANCE OF BONDS
When the board proposes to issue bonds other than tax
anticipation warrants and icvenue bonds, it shall hold an election
at the same time as the next election which is not called for
purposes of this Act, and at which all the voters of the district may
vote. Prior notice of the proposal must be given.
Ch. 85, S 1672 Cum. Supp.
SOLID WASTE DISPOSAL DISTRICT
ESTABLISHMENT
The purpose of this Act is to provide for the creation of solid waste
disposal distucls upon petition and election of the proposal by
voters. Officers shall be selected, and this board shall provide for
safekeeping of its records, have submitted to it a yearly teport by
the district, take care of finances
-------
ILLINOIS
Regulations concerning qualifications and terms of trustees are
included.
Ch. 85, S. 1659 Cum. Supp.
SOLID WASTE DISPOSAL DISTRICT RECORDING
AND FILING ELECTION RETURNS
Returns of the election shall be made to the circuit judge,
canvassed by him and he shall cause a statement of the results to
be entered in records of the circuit court. A majority of favorable
votes shall deem such district to be organized.
Ch. 85, S. 1658 Cum. Supp.
SOLID WASTE DISPOSAL DISTRICT ACT EFFECT
OF RELATED ACTS
All sites operated by district shall be subject to provisions of An
act m relation to registration and regulation of refuse disposal sites
and facilities... and An Act to prohibit dumping of refuse brought
from outside the State.
Ch. 85, S. 1667-1 Cum, Supp.
SOUTHWEST REGIONAL PORT DISTRICT
CREATION
Created as a body politic, political subdivision and municipal
corporation which shall embrace certain townships in St. Clair
County. District may sue and be sued, property may be exempt
from taxes and be construed as public property owned by a
municipality.
Ch. 19, S. 453
SOUTHWEST REGIONAL PORT DISTRICT
EXERCISE OF EMINENT DOMAIN
District may acquire property in the manner of the right of
eminent domain accept property of any kind subject to the
jurisdiction of the Illinois Commerce Commission without first
obtaining its approval, or property owned by a city without
obtaining consent of the governing body.
Ch. 19, S 455 Cum. Supp.
SOUTHWEST REGIONAL PORT DISTRICT RIGHTS
AND POWERS
District has power to issue permits for construction and for
deposit in or near navigable waters, to remove obstructions, to
locate dock and shore lines, to regulate water craft, to police its
territory, to enter into contract and to levy taxes after an election
on the question supports such tax. Other powers concerning
transportation facilities, especially airports, aie included.
Ch. 19, S. 454
SOUTHWESTERN ILLINOIS METROPOLITAN AREA
PLANNING COMMISSION CREATION
Created as a body politic and corporate to exercise powers and
duties of this Act.
Ch. 85, S. 1154
SOUTHWESTERN ILLINOIS METROPOLITAN AREA
PLANNING COMMISSION POWERS AND DUTIES
In addition to other duties set out in this Act, the Commission has
the powers included in Sections 18-26 inclusive.
Ch. 85, S. 1167
114
SOUTHWESTERN ILLINOIS METROPOLITAN AREA
PLANNING COMMISSION PREPARATION OF
PLANS AND ESTABLISHMENT OF POLICY
Power to recommend plans and policies including plans for: land
use, transportation facilities, water supply and distribution,
drainage, sewage disposal and pollution.
Ch. 85, S. 1171
STREET CLEANING
Corporate authorities of each municipality may provide for the
cleaning of streets and other municipal property.
Ch. 24, 11-80-6
SURFACED MINED LAND RECLAMATION ACT
The Act's full title is An act to regulate the reclamation of lands
disturbed by surface minings.
Ch. 93, S. 180.1 Cum. Supp.
SURFACED MINED LAND RECLAMATION ACT
PENALTIES AND INJUNCTIONS FOR
NONCOMPLIANCE
Person who does not comply with the licensing procedure in this
Act is guilty of a misdemeanor and will be fined. Authorities of the
Department may close down such a mine by injunctive procedure.
Ch. 93, S. 180.13 Cum. Supp.
SURFACED MINED LAND RECLAMATION ACT
POLICY RELATIVE TO SURFACE MINING
Policy of the State is to provide for reclamation of land affected by
surface mining by various methods including: planting forests,
establishment of recreational or industrial sites and appropriate
use of natural resources.
Ch. 93, S. 180.2 Cum. Supp.
SURFACED MINED LAND RECLAMATION ACT
PROCEDURAL PROVISIONS
Procedures shall include; inspection of lands, surety bond
requirements, compliance with and violations of this Act, fees and
forfeitures, administration, rules and regulations.
Ch. 93, S. 180.7 through 180.12 Cum. Supp.
TOLL BRIDGES REMOVAL OF DEPOSITS
OBSTRUCTIONS FROM CHANNELS
Any person or corporation owning or operating a bridge over
navigable waters shall keep the channel, above and below the
bridge free and clear from deposits which may be formed by the
erection of such bridge.
Ch. 137, S. 12
TOWNSHIPS ISSUANCE OF REVENUE BONDS FOR
WATERWORKS SEWERAGE SYSTEMS
In order to pay expenses incurred from construction, purchase or
extension of watei works and sewerage systems the Board of Town
Auditors is authorized to issue and sell revenue bonds. Further
regulations regarding maturity, ordinances and manner of sale are
included.
Ch. 139, S. 160.33
TOWNSHIPS PREVENTION OF DEPOSITS OF
NIGHT SOIL GARBAGE
Township has power to prevent night soil, garbage or other
-------
ILLINOIS
offensive substances within the limits of the town. This does not
apply to refuse disposal facilities regulated by Department of
Public Health and the county.
Ch. 139, S. 39. J 5 Cum Supp.
TOWNSHIPS ZONING
For the purpose of promoting public welfare, conserving property
value and lessening hazards from storm or flood waters, the board
of auditors has the power to regulate and restrict the location and
use of structures and lands and divide the township into districts
according to use of land and buildings.
Ch. 139, S. 303 Cum. Supp.
TRI-CITY REGIONAL PORT DISTRICT CREATION
Created as a political subdivision, body politic and municipal
corporation embracing certain territory in Madison County.
District may sue and be sued.
Ch. 19, S 286
TRI-CITY REGIONAL PORT DISTRICT
REGULATORY POWERS
District has the power to issue permits for construction or deposit
near navigable waters, remove obstructions from navigable waters,
establish dock and shore lines, regulate watercraft, acquire and
operate water and sewerage systems, enter into contract and police
its territory. Regulations regarding transportation facilities are
also included.
Ch. 19, 5. 257 Cum. Supp.
UPPER MISSISSIPPI RIVERWAY COMMISSION
POWERS
Powers include things pertaining to: parks and recreational
facilities; studies, recommendations, planning and assistance in
regard to the Upper Mississippi Riverway Compact; legality of
powers; cooperation of party states, hearings and contracts.
Ch. 19, S. 1101, Art V Cum. Supp
UPPER MISSISSIPPI RIVERWAY COMPACT
CONTENTS
Compact consists of 14 articles dealing with: findings, purpose
and policy, Upper Mississippi Riverway District, Upper Mis-
sissippi Riverway Commission, powers, taxation, coordinated
services, charges and concessions, finances, land and water use,
advisory and technical committees, effect on other laws, entry into
force and withdrawal, construction and severabihty.
Ch. 19, S. 1101 Cum Supp.
VEHICLE ABANDONED DEFINITION
Abandoned vehicle is a vehicle in a state of disrepair, incapable of
being driven, or one which has not been moved or used for 1 days.
95.5, S. 4-100 (111. Vehicle Code) Cum. Supp.
WASTES DISPOSAL OF PERMIT REQUIRED WHEN
IN STATE WATERS
A permit must be obtained for the following activities: the
construction, installation and extension of sewage works, increase
in volume of wastes m excess of permissive discharges.
ccmstiuclion or extension of any industrial establishment which
would increase wastes into or alter properties of water of state, the
construction or use of outlets for discharge of wastes into waters of
State.
Ch. 19, S. 145.11
WATER AND SEWER COMMISSIONS
ORGANIZATION AND OPERATION
A commission shall organize by appointing a chairman, clerk and
treasurer, adopt its own rules and provide for meetings.
Commission has complete supervision and control of the
waterworks, sewer or water supply systems. Commission may
contract with the municipalities which established the commission
or other persons or agencies.
Ch. 24, S. J1-136-3
WATER AUTHORITIES INCORPORATION
Any area of contiguous territory may be incorporated as a water
authority by petition of voters, public court hearing, submission of
proposal to legal voters, and election of proposal.
Ch. Ill 2/3, S. 223 Cum. Supp.
WATER AUTHORITIES ISSUANCE OF REVENUE
BONDS
For the purpose of paying expenses incurred from water supply or
water properties, the board of trustees is authorized to issue and
sell revenue bonds. Regulations concerning ordinances, manner of
sale, and maturity of bonds are included.
Ch. Ill 2/3, S. 233
WATER AUTHORITIES LEASING OF LAND AS
POLLUTION CONTROL MEASURE
If trustees determine that leasing of land adjacent to a reservoir
will aid in protection from pollution, it may zone and lease its real
estate upon conditions and terms, that are in the best interests of
the authority.
Ch. Ill 2/3, S. 244
WATER AUTHORITIES OPERATION OF WATER
SEWERAGE SYSTEMS
Power to lease its property for residential or business purposes and
operate a water distribution sewage system.
Ch 111 2/3, S. 248
WATER AUTHORITIES POLLUTION ABATEMENT
AND PREVENTION
Power to prevent pollution of waters which feed a reservoir with
respect to territory outside its corporate limits.
Ch. Ill 2/3, S. 249
WATER AUTHORITIES POWERS AND DUTIES
Powers include: inspection, registration, granting permits, and
plugging or repairing wells or other withdrawal facilities;
regulation and supplementation of water supply; levying or
collecting general taxes on taxable properties; consultation with
various other agencies; and handling of violations.
House Bill No. 3805 1970 Session Laws
WATER COURSES REMOVAL OF OBSTRUCTIONS
Corporate authorities may remove driftwood and othei ob-
structions from water courses after written notice to the owner.
Ch. 24, S. 11-111.1-1
Ch. 34, S. 430 Cum. Supp.
115
-------
ILLINOIS
WATER RESOURCES LEGISLATIVE DECLARATION
The welfare of Illinois depends in no small measure upon the
water resources. In order to provide sound planning for the proper
conservation, development and use of water resources and to
insure coordination of the agencies involved, it is essential that an
appropriate State agency be created and vested with proper
powers and duties.
Ch. 19, S. 1001 Cum. Supp.
WATER SERVICE DISTRICTS LETTING OF
CONTRACTS FOR WATER SERVICE
Board may contract with a city, village, town or public utility for
water service. Money may be borrowed and bonds issued after an
election is held on the issue of bonds. The district may not become
indebted in any manner.
Ch. Ill 2/3, S. 220
WATER SERVICE DISTRICTS LEVYING OF TAXES
Before incurring indebtedness the board shall provide for a
collection of a direct annual tax sufficient to pay the interest and
the principal of the debt.
Ch. Ill 2/3, S. 221 Cum. Supp
WATER SERVICE DISTRICTS ORGANIZATION
An area not included in the corporate boundaries of a
municipality may be incorporated as a water district by petition of
voters, hearing by the court and submission of the proposition for
a vote by the legal voters. Details of procedure are included.
Ch. Ill 2/3, S. 213 Cum. Supp.
WATER SUPPLY POWER OF MUNICIPALITY TO
CONTRACT FOR
The corporate authorities of municipalities may contract with
agencies for a supply of water. Payments shall be made from
revenues of operation of the system.
Ch. 24, S 11-124-1
WATER SUPPLY - SAFEGUARDING
Certain sections of the Act to provide for safeguarding the public
health by control of the Department of Public Health over public
water supplies are repealed.
House Bill No. 3803 1970 Session Laws
WATERWAYS DRAINAGE FLOOD CONTROL WATER
POLLUTION AND WATER RESOURCES STUDY
COMMISSION CREATION
Commission is created consisting of 3 members of the Senate, 3 of
the House of Representatives and 4 of the public; all are
appointed in manner designated by this section. Length of terms
and manner of filling vacancies are stated.
Ch. 19, S. 145.31 Cum. Supp.
WATERWAYS DRAINAGE FLOOD CONTROL WATER
POLLUTION AND WATER RESOURCES STUDY
COMMISSION SUBJECTS STUDIED BY
The commission shall study: progress and problems of political
subdivisions in regard to waterways, drainage, flood control, water
pollution and resources; interrelation-hip of various units of
government and feasibility of plans; cost of projects and
programs; feasibility of State grants in aid to counties and
116
municipalities; and the laws of the State in relation to waterways,
drainage, etc.
Ch. 19, 145.32 Cum. Supp.
WATERWORKS AND SEWERAGE SYSTEM COMBINED
FINANCING
Any municipality may apply money received by Federal
government or other source, issue and sell revenue bonds to
provide sufficient funds for costs of waterworks and sewerage
systems. Details concerning revenue bonds are included.
Ch. 24, S. 11-139-3 Cum. Supp.
WATERWORKS SYSTEM DEFINITION
Waterworks system means an entire system or an integral part,
including mains, hydrants, meters, pumps, tanks, wells, reservoirs,
machinery, purification plants and other elements.
Ch. 139, S. 160.31
WATERWORKS SYSTEMS LAND FOR CONVEYANCE
BY PARK COMMISSIONS
Any park commission or board which has acquired the title to any
land adjacent to public waters may grant, convey or lease any such
lands to any city with a population of 500,000 or more and owning
or operating its waterworks system for the purpose of extending
such system.
Ch. 105, S 327x
WATERWORKS SYSTEMS OPERATION OF
DISPOSITION OF PROCEEDS
Proceeds from operation of waterworks system shall be paid into
the municipal treasury and be kept in a fund known as waterworks
fund. After payment of the operating expenses, the balance shall
be applied toward the payment of the cost of the waterworks
system. Other regulations included.
Ch. 24, S. 9-2-134
WATERWORKS SYSTEMS PURCHASE
CONSTRUCTION OR ENLARGEMENT OF TAXES
City and village may levy, in addition to other taxes authorized by
law, a direct annual tax upon all property within the corporate
limits of city or village. Proceeds shall be used solely for purchase,
construction and enlargement of waterworks.
Ch. 24, S 11-128-1 Cum. Supp.
WAUKEGAN PORT DISTRICT CREATION
Created as a political subdivision, body politic and municipal
corporation embracing all territory within the corporate limits of
the City of Waukegan and other territory outlined in this section.
District may annex territory and sue and be sued.
Ch 19. S. 181
WEEDS DESTRUCTION OF ALONG HIGHWAYS
Highway authorities shall annually destroy all thistles, burdock,
mustard, yellow dock, marijuana and other noxious weeds
growing upon or along public highways. Any highway officer
failing to comply will be fined.
Ch. 121, S. 9-111 Cum Supp.
WEEDS NOXIOUS DESTRUCTION
Owners of lands on which noxious weeds are growing shall destroy
them. Owner shall be notified in writing by the proper
-------
ILLINOIS
commissioner. If owner refuses to destroy the weeds, the
commissioner may enter the land and do so, the expenses to he
paid by the owner and a fine shall be imposed on owner.
Ch. 18, S. 3 Cum. Sitpp.
WILLOW HEDGES DESTRUCTION OF ALONG
HIGHWAYS
When willow hedges or trees growing along highway render tiling
impracticable, the highway authority may contract with the owner
for their destruction. Planting of such is declared to be a public
nuisance.
Ch. 121, S. 9-108
ZONING OBJECTIVES
Objectives of zoning are: to secure adequate light, pure air, and
safety from fire and other dangers, to conserve taxable value of
land and buildings, to lessen congestion in public streets, to lessen
hazards from accumulation or run-off of storm or flood waters,
and to promote public health, safety, comfort, morals and welfare.
Classification, regulation and location of uses are also included.
Ch. 24, S. 11-13-1 Cum. Supp.
-------
-------
INDIANA
AIR POLLUTION CONTROL BOARD
ESTABLISHMENT
Air Pollution Control Board established to achieve purity of the
air resources of the State.
35-4601
AIR POLLUTION CONTROL BOARD UNLAWFUL TO
REFUSE COMPLIANCE
Unlawful to refuse compliance with any rule, regulation, or order
of control board; penalty; misdemeanor; fine.
35-4607 Cum. Supp.
AMBIENT AIR QUALITY STANDARDS
Air pollution control board shall adopt and
regulations creating air quality basins.
35-4609 Cum. Supp.
promulgate
AUTOMOBILE GRAVEYARDS JUNK JUNKYARD
DEFINITIONS
Automobile graveyard is a place of business used to store, buy and
sell parts of wrecked or scrapped motor vehicles.
Junk is old or scrap ferrous or nonferrous material.
Junkyard is an establishment used to store, buy and sell junk.
36-3533 Cum. Supp.
BOARD OF ZONING APPEALS POWERS AND
MEMBERSHIP
Powers and membership of existing boards under single planning
and zoning authority.
53-902
EMINENT DOMAIN HIGHWAY COMMISSION
UNDER HIGHWAY JUNKYARD CONTROL ACT
Highway Commission may exercise right of eminent domain if
owner and commission cannot agree on price or right by
submitting resolution to attorney general; attorney general shall
bring case to court.
36-3538 Cum. Supp.
EMINENT DOMAIN INDIANA PORT COMMISSION
Commission is authorized to acquire land by eminent domain,
especially along waterways.
65-7207
FEDERAL WATER POLLUTION CONTROL ACT
DEFINITIONS
Federal Act, Surgeon General, Federal Security Administrator,
and Interstate Agency defined.
68-535
HIGHWAY COMMISSION CREATION
Highway commission shall consist of four members appointed by
governor for terms of four years; no more than two members from
same political party.
36-101 Cum. Supp.
HIGHWAY COMMISSION POWERS
RESPONSIBILITIES AND DUTIES
Highway commission shall plan and supervise administration of
the work of constructing and improving public highways and
bridges; shall enforce provisions of this act; shall acquire land;
make biennial reports to governor and general assembly.
36-101c Cum. Supp.
HIGHWAY COMMISSION RIGHT TO PURCHASE
LAND FOR CONSTRUCTION AND REPAIR OF STATE
HIGHWAYS
Commission has the right to purchase or condemn land by
exercise of eminent domain.
36-118 Cum. Supp.
HIGHWAY JUNKYARD CONTROL ACT
ENFORCEMENT RESPONSIBILITY OF HIGHWAY
COMMISSION
Highway Commission shall determine when a violation exists,
shall draw up a resolution of said violation, and shall refer it to the
attorney general.
36-3540 Cum. Supp.
INDIANA PORT COMMISSION CREATION
Governor shall appoint five members for regular terms of four
years.
68-1203
INDIANA PORT COMMISSION POWERS AND
DUTIES
Indiana Port Commission is empowered to acquire and operate
ports and establish regulations for the use of ports.
68-1204
JUNKYARDS AUTHORITY OF HIGHWAY
COMMISSION TO ACQUIRE INTEREST IN LAND FOR
REMOVAL OR SCREENING
Highway commission may acquire interest in land after it has
taken all lawful steps to enforce removal or screening of junkyard
by owner.
36-3537 Cum. Supp.
119
-------
INDIANA
JUNKYARDS LAWFULLY IN EXISTENCE
Junkyards or scrap metal processing facilities in existence upon
date of this act which are within one thousand feet of interstate or
primary highway shall be screened so as not to be visible.
36-3535 Cum. Supp.
JUNKYARDS LOCATION
No person may establish junkyard or scrap metal processing
facility within 1,000 feet of interstate or primary highways; four
exceptions.
36-3534 Cum. Supp.
JUNKYARDS PENALTIES FOR VIOLATIONS
Junkyard owners subject to fines and imprisonment for violation
of Highway Junkyard Control Act.
36-3539 Cum. Supp.
JUNKYARDS RIGHT OF STATE HIGHWAY
COMMISSIONER TO ENTER INTO AGREEMENTS
WITH U.S.
Highway commission has the right to enter into agreements with
U.S. Secretary of Commerce for control of junkyards or scrap
metal facilities adjacent to interstate or primary highway systems.
36-3543 Cum. Supp.
JUNKYARDS SCREENING
Highway commission may make regulations on location and
materials, for screening.
36-3536 Cum. Supp.
LAND CONDEMNATION
Any person or firm ordered by the State stream pollution control
board to control sanitary wastes is empowered to acquire, take, or
condemn land therein necessary to comply with order.
68-539 (Main text)
METROPOLITAN PLANNING COMMISSION
CREATION
A county and city within county may, if census allows, consolidate
their planning operations by creating a Metropolitan Planning
Commission.
53-801
Commission may be created by identical ordinances of city
council and board of county commissioners.
55-502
METROPOLITAN PLANNING COMMISSION
POWERS FUNCTIONS AND DUTIES
Commission adopts regulations for determining necessary
improvements and installations in platted subdivisions; 15 other
functions listed.
53-920, 53-807
METROPOLITAN PLANNING COMMISSION
SUPERSEDES PREVIOUSLY ESTABLISHED BODIES
Commission supersedes separate planning and zoning functions of
cities and counties; Board of Zoning Appeals established within
Commission.
53-808a
120
MOTOR VEHICLE CONTROL OF EMISSIONS
Control Board may provide regulations for control of emissions as
long as it submits a copy of proposed rules to each member of
Indiana general assembly; no person shall remove any air
pollution control system which is used to control air pollution of a
motor vehicle; penalty.
35-4610 Cum. Supp.
OHIO RIVER VALLEY WATER SANITATION COMPACT
RATIFICATION
Compact ratified by Illinois, Indiana, Kentucky, New York, Ohio,
Pennsylvania, Tennessee, and West Virginia. Compact includes
eleven Articles; Article VI pertains to solid waste.
68-601
PLAN COMMISSION POWERS AND DUTIES
Each city council, town board, and board of county com-
missioners may by ordinance create a plan commission to improve
health, safety, and welfare of their citizens.
53-701
PLANNING AND ZONING AUTHORITY
UNIFICATION
Single planning and zoning authority created in counties
containing first-class cities.
53-90/
POLLUTION AIR ORDINANCES FOR CONTROL
Local jurisdictions can enact air pollution ordinances if they do
not conflict with the provisions of State Air Pollution Control Act.
35-4608
POLLUTION AIR PUBLIC POLICY
Discharge of air contaminants contrary to public policy of State of
Indiana.
35-4605
POLLUTION WATER DETERMINATION
Stream pollution control board has power to determine what
qualities of water indicate a polluted condition.
68-523
POLLUTION WATER INSPECTION AND
INVESTIGATION
Stream pollution control board has the right to enter any private
or public property to inspect conditions relating to water
pollution.
68-522
POLLUTION WATER ORDER TO CEASE
Stream pollution control board can order any corporation,
municipality, or person to cease watei pollution violations;
conditions of order and procedures of hearing.
65-525
POLLUTION WATER PENALTY FOR VIOLATION
Penalty for failure to comply with order within 30 days is a fine of
not less than $25 or not more than $100, and a possible 90 day
sentence.
68-530
-------
INDIANA
POLLUTION WATER SUITS TO ABATE
Any person suffering or threatened by pollution of water may
bring suit in superior or circuit court to abate pollution.
35-2902
POLLUTION WATER TIME ALLOWED TO ADOPT
PREVENTION SYSTEM
Stream pollution control board may extend time to correct or
abate water pollution after final order is served; polluter must file
petition within 30 days.
68-531
POLLUTION WATER UNLAWFUL TO CAUSE OR
CONTRIBUTE TO
Unlawful for any corporation, municipality, or persons to in any
way dispose of organic or inorganic matter contributing to
pollution of State waters.
68-524
STREAM PENALTY FOR OBSTRUCTING
Penalties for obstructing streams are the same as those for
obstructing public highways.
68-104
STREAM REMOVAL OF OBSTRUCTION
Supervisor of road district through which a stream runs is
responsible for clearing of obstructions.
68-103
STREAM POLLUTION CONTROL BOARD CREATION
This act creates The Stream Pollution Control Board of the State
of Indiana.
68-517
all laws relating to the pollution of water of State; and can require
any person or corporation to build waste treatment plants.
68-521
STREAM POLLUTION CONTROL BOARD POWERS
AND DUTIES
Board shall consist of seven members with power to cooperate
with Federal government and other states to abate water pollution.
68-518, 68-537
STREAM POLLUTION CONTROL BOARD
PRESERVATION
This act preserves and continues the Stream Pollution Control
Board in all rights, powers and duties.
68-517a
WASTEWATER TREATMENT PLANTS
CLASSIFICATION
State Health Commissioner must classify all wastewater treatment
plants according to size and type and according to skill and
experience of operator.
35-2921
WATER POLLUTION AGENCY DEFINITION
Stream Pollution Control Board is designated as water pollution
agency for State for purposes of Federal Water Pollution Control
Act.
68-536
ZONING PETITIONS FOR VARIANCE
City and county board of zoning appeals and metropolitan board
of zoning appeals are authorized to grant zoning variances upon
receiving petitions; conditions for granting petitions.
53-969
STREAM POLLUTION CONTROL BOARD
ENFORCEMENT POWERS
Stream Pollution Control Board has the power to enforce any and
ZONING BOARD POWERS AND DUTIES
To hear appeals and special exceptions and to grant variances.
53-1077, 53-968
121
-------
-------
IOWA
ADULTERATED FOOD CONDEMNATION
DESTRUCTION
Seizure of adulterated foods; condemnation; destruction.
189.17
ANIMALS DEAD DISPOSAL
Requirement to dispose of bodies of dead animals; regulations
concerning disposal.
167.12, 167.18
AIR POLLUTION CONTROL APPLICATION FOR
INJUNCTION
If order of commission not obeyed or emergency exists, attorney
general, upon request of commission may bring action for
injunction; temporary injunction.
136B.11 Cum. Supp.
AIR POLLUTION CONTROL APPLICATION FOR
VARIANCE
Application for variance from standards filed with technical
secretary; hearing; duration of variance.
J36B.13 Cum. Supp.
AIR POLLUTION CONTROL COMMISSION
Creation of Iowa air pollution control commission; members;
term; meetings; compensation.
136B.3 Cum. Supp.
AIR POLLUTION CONTROL DEFINITIONS
Air contaminant;
Air contaminant source;
Air pollution;
Atmosphere;
Commissioner;
Commission;
Department;
Emission;
Technical secretary;
Person;
Political subdivision.
136B.2 Cum. Supp.
AIR POLLUTION CONTROL NOTICE AND ORDER
TO VIOLATORS
Written notice by commission to violator; orders; hearing.
136B.9 Cum. Supp.
AIR POLLUTION CONTROL POWERS AND DUTIES
OF COMMISSION
Powers of commission to develop comprehensive plans for control
of air pollution; to adopt rules and regulations; to adopt air
quality standards and emission standards; conduct investigations;
and hold public hearings.
136B.4 Cum Supp.
ANIMALS DEAD DISPOSAL BY DEPARTMENT OF
AGRICULTURE
Duty of Department of Agriculture to enforce laws relative to
disposal of dead animals.
159.6
ANIMALS DEAD AND REFUSE THROWING INTO
STREAMS
Penalty for throwing dead animals, night soil or garbage into
rivers or streams.
732.3
ANIMALS DISABLED DESTRUCTION
Power of police authorities to destroy disabled animals.
188.50
BEES INFECTED DESTRUCTION
Notice of State apiarist to owners of infected bees to destroy them.
760.6
BOARD OF HEALTH LOCAL POWERS
Enviromental health services; licenses and permits and fees for
collection and disposal of solid waste and construction or
operation of sewage disposal facilities.
137.7 Cum. Supp.
BOARD OF HEALTH STATE POWERS AND DUTIES
Advise department concerning refuse, garbage and solid waste
disposal including garbage and refuse disposal plants.
136.3, 136.3 Cum. Supp., Senate File 1232, s.14, 1970 Session
Laws
BOARD OF HEALTH STATE RULES AND
REGULATIONS
Authority of State Board of Health to adopt rules and regulations
concerning district health departments.
137.9 Cum. Supp.
BODIES DEAD BURIAL
Power of municipalities to regulate the burial of the dead and
crematories.
368.13
123
-------
IOWA
BODIES DEAD DISPOSAL AFTER DISSECTION
Burial or cremation of body remains after dissection for scientific
purposes.
142.5
BUILDING DECLARED A PUBLIC NUISANCE
REMOVAL
Dangerous buildings may be declared a public nuisance by health
officer and ordered removed.
413.80
BUILDING FIRE HAZARDS REMOVAL
Buildings designated by fire marshal as fire hazards may be
ordered removed; time for compliance with order.
100.13 Cum. Supp.
BUILDING UNSAFE DESTRUCTION OR REMOVAL
Power of municipalities to remove or destroy dangerous
structures; collection of special tax for expense of removal.
368.22
DEPARTMENT OF HEALTH STATE ORDERS
CONCERNING WATER POLLUTION
Orders of State Department of Health for the prevention of water
pollution m excess of applicable standard established by Iowa
water pollution control commission.
455B. 11 Cum. Supp.
DEPARTMENT OF HEALTH STATE POWERS AND
DUTIES
Power to make inspection of public water supplies, garbage, refuse
and solid waste disposal plants; exercise jurisdiction over disposal
of dead bodies.
135.11, Senate File 1232, S. 14, 1970 Session Laws
Right of entry to investigate sources of air pollution; duties as to
control of air pollution, including taking samples and making
investigations.
136B.5 Cum. Supp.
DISPOSAL GROUNDS PUBLIC CONTRACTUAL
AGREEMENTS
Authority of county boards of supervisors to enter contracts for
use of dumps, disposal grounds and sanitary land fills; use of
funds from township dump fund.
332.34 Cum. Supp.
DISPOSAL GROUNDS PUBLIC DETERMINATION OF
NEED
Authority of county board of supervisors to determine need for
public disposal ground and its location.
332.31 Cum. Supp.
DISPOSAL GROUNDS PUBLIC RULES AND
REGULATIONS
Authority of county board of supervisors to adopt rules and
regulations and enter into contractual agreements.
332.33 Cum. Supp.
124
DISPOSAL GROUNDS PUBLIC TAX LEVY
Power of county board of supervisors to levy tax on property;
funds placed in township dump fund.
332.32 Cum. Supp.
DITCH AND DRAINS PUBLIC OBSTRUCTION
Penalty for obstructing public ditches or drains for draining
swamp lands or other watercourses.
716.3, 716.4
DREDGING STATE-OWNED WATERS
Prohibition of leaving waste material after dredging in State-
owned waters.
111.55
DWELLINGS DECLARED A PUBLIC NUISANCE
REMOVAL
Dangerous dwellings may be declared a public nuisance by health
officer who may order same removed.
413.80
EMINENT DOMAIN COUNTIES
Power of counties to exercise eminent domain for erection of
buildings which counties have statutory power to erect.
471.4 Cum. Supp.
EMINENT DOMAIN MUNICIPALITIES
Power of municipal corporations to provide for condemnation of
lands for public purposes.
368.37 Cum. Supp.
EMINENT DOMAIN SANITARY DISTRICTS
Power to exercise eminent domain by sanitary district against
private property required for its corporate purposes.
358.17
EMINENT DOMAIN STATE
Exercise of power of eminent domain by State as to private
property necessary for public improvement.
471.1
FIRE PRAIRIE OR TIMBERED LAND PENALTIES
Penalties for allowing fire to escape from control onto prairie or
timbered lands between September and May.
707.8
FOOD ESTABLISHMENTS SANITARY
REGULATIONS
Hotels, restaurants and food establishments required to remove
dirt, refuse and waste products daily.
170.19
GARBAGE KEEPING DWELLINGS FREE FROM
Requirment to keep dwellings free from accumulations of dirt,
filth, rubbish and garbage.
413.69
GARBAGE AND REFUSE DISPOSAL
Power of municipalities to provide for garbage, refuse and solid
waste disposal and erect garbage and refuse and solid waste
-------
IOWA
disposal plants and grounds; schedule of fees; use of town dump;
contracts with private collectors.
368.24 Cum. Supp., Senate File No. 1232, s.14, 1970 Session
Laws
HIGHWAYS REMOVAL OF OBSTRUCTIONS
Authority of State highway commission and board of supervisors
to remove obstructions from highways.
319.1
GARBAGE DISPOSAL PLANTS FEES
Schedule of fees provided by municipal ordinance for collection
and disposal of garbage; revenue bonds.
394.5, Senate File 1232, s.24, 1970 Session Laws
GARBAGE FEEDING TO ANIMALS BOILING
Prohibition against feeding garbage to animals unless boiled or
otherwise acceptably treated; unlawful to feed public or
commercial garbage to swine after September 1, 1970.
163.27 Cum. Supp.
GARBAGE FEEDING TO ANIMALS DEFINITIONS
Department;
Secretary;
Garbage.
163.26 Cum. Supp.
GARBAGE FEEDING TO ANIMALS LICENSES
Requirement of obtaining license to feed garbage to animals;
application; inspection of premises; license fee.
163.28 Cum. Supp.
GARBAGE FEEDING TO ANIMALS PENALTY
Penalty for violation of laws regulating feeding of garbage to
animals; each day as separate offense.
763.29
GARBAGE RECEPTACLES DWELLINGS
Owners of dwellings required to keep adequate garbage
receptacles.
413.72
HIGHWAYS DEBRIS
Prohibition against throwing glass, nails, trash, garbage, rubbish,
litter, offal or other debris on highway; penalty.
321.369
HIGHWAYS ENJOINING OBSTRUCTIONS
Power of State highway commission to enjoin obstruction in
highways.
3199
HIGHWAYS PENALTY FOR OBSTRUCTIONS
Prohibition against obstructing public roads; penalties.
776.6
HIGHWAYS POWER OF MUNICIPALITIES TO
SUPERVISE
Power of municipalities to supervise public highways and
commons and free from nuisances.
389.12
HIGHWAYS REMOVAL OF INJURIOUS MATERIAL
Requirement of removal of injurious materials dropped on
highway.
321.370
HIGHWAYS REMOVAL OF WRECKS
Requirement of removing glass and other injurious substances
from highway while removing wrecked vehicle.
321.371
JUNK STORAGE IN DWELLINGS
Prohibition against storing rags or junk in dwelling or premises
thereof.
413.73
LITTERING PROHIBITION
Prohibition against placing litter, refuse or waste in any area or
receptacle except those provided for that purpose.
111.43
MEAT AND POULTRY UNWHOLESOME
DESTRUCTION
Detention of adulterated livestock and poultry products; seizure
and condemnation; destruction or sale of animal; delivery to
owner upon sufficient bond; right tojury trial.
189A.12 Cum. Supp.
MIGRANT LABOR CAMPS DEFINITIONS
Migratory labor camps;
Garbage;
Refuse.
138 1 Cum. Supp.
MIGRANT LABOR CAMPS PERMITS
Requirement of clearance of rubbish, debris, waste paper, garbage
and refuse; to be eligible for permit; also when camp closed for
season, all garbage, manure and other refuse to be collected and
disposed of to prevent nuisance.
138.13 Cum. Supp.
NUISANCE ABATEMENT BY MUNICIPALITIES
Power of municipalities to abate nuisances; assessment of cost of
abatement; actions in equity to restrain.
368.2, 368.3 Cum. Supp.
NUISANCE DEFINITION ABATEMENT
Definition of what constitutes a nuisance; civil action to enjoin
and abate and recover damages.
657.1
NUISANCE ENUMERATION
The following are nuisances: buildings occasioning noxious
exhalations; collecting offal or filth; obstructing waterways;
polluting waters; depositing junk within fire limits of any city;
emission of dense smoke or fly ash; and dense growth of weeds.
657.2, 657.2 Cum Supp.
NUISANCE PENALTY ABATEMENT
Order of court to abate nuisance; penalties.
65 7.3
125
-------
IOWA
PLAN COMMISSION CITY POWERS
RECOMMENDATIONS AS TO IMPROVEMENTS
Power of city plan commission to make surveys, studies, maps,
plans or charts of municipality; prohibition of erection of public
building without the commission's recommendation.
373.9, 373.10
PLANNING COMMISSION METROPOLITAN
Joint commissions; membership; organization; powers and duties.
473A.1, 473A.2, 473A.3, 473A.4
SANITATION FUND MUNICIPAL CORPORATIONS
Property tax for payment of collection and disposal of garbage
and refuse and to purchase dump grounds.
404.9 Cum. Supp., Senate File 1232, s. 15, 1970 Session Laws
SEWAGE DISPOSAL CONTRACTS BY
MUNICIPALITIES
Authority of municipalities to contract for processing of sewage
with firms outside the corporate limits.
393.10 Cum. Supp.
PLANTS DISEASED DESTRUCTION
Order to burn diseased or infected plants; expenses paid by owner
of plants.
733.3
SEWAGE DISPOSAL MIGRATORY LABOR CAMPS
All wastes not discharged into public sewers to be disposed of in
accordance with provisions of act.
138.13 (5) Cum. Supp.
PLANTS INFECTED DESTRUCTION
Eradication of diseased or infected plants; notice to owner;
destruction by State entomologist.
267.7
PLANTS INFECTED RULES AND REGULATIONS
Authority of State entomologist to make rules and regulations
concerning eradication of diseased plants.
276.6 Cum. Supp.
RAILROAD TRACKS PENALTY OF DEPOSITING
REFUSE ON
Penalty for depositing refuse on railroad tracks.
716.10
RAILROADS OBSTRUCTION
Penalty for obstructing railroad tracks.
776.9
REFUSE AND JUNK POWER OF MUNICIPALITIES
TO PROHIBIT DEPOSIT OF
Power of municipalities to restrain and prohibit deposit of refuse
and junk.
368.7
REFUSE DISPOSAL MIGRATORY LABOR CAMPS
Requirements as to containers; collection of refuse; disposal of
refuse.
138.13(8) Cum. Supp.
SANITARY DISTRICTS SEWAGE DISPOSAL
Power of sanitary districts to provide for sewage disposal,
including disposal plants; taxes.
358.16 Cum. Supp.
SANITARY DISTRICTS AND GARBAGE DISPOSAL
PLANTS REGULATION BY MUNICIPALITIES
Cities and towns may establish and regulate sanitary districts for
collection and disposal of garbage; fees; regulation of garbage
disposal plants.
368.9
126
SEWAGE DISPOSAL SYSTEM PERMIT
Requirement of permit from State Department of Health for
disposal of sewage, industrial waste and other wastes; plans and
specifications submitted to commission; penalties.
455B.25 Cum. Supp.
SMOKE NUISANCE
Emission of dense smoke in cities of fifteen thousand or over is
nuisance; power of cities to provide rules for smoke inspection.
3684
SNOW ICE REMOVAL
Duty of abutting landowners to remove snow and ice from
sidewalks; removal by municipal corporation; assessment of costs.
368.33 Cum. Supp.
SPOIL BANKS SURFACE MINING
Grading; earth dams; covering up acid forming materials; release
of bond to assure rehabilitation of land.
83A. 17 Cum. Supp.
SWINE EXPOSED TO HOG CHOLERA
DESTRUCTION
Authority of Department of Agriculture to destroy swine affected
with hog cholera; diagnosis of animal.
166B.2
VEHICLE JUNKING OF IN LIEU OF SALE
If vehicle cannot be sold by sheriff for enough to pay penalties and
expenses, then it may be scrapped.
321.144
VEHICLES JUNKED SURRENDER OF TITLE
When vehicle is junked, registration plates and card surrendered
with certificate of title to be cancelled.
321.52
WASTES DISCHARGE OF INTO LAKES
Prohibition against discharging sewage, industrial wastes or other
wastes into State-owned lakes.
455B 28 Cum. Supp.
-------
IOWA
WATER POLLUTION CONTROL DEFINITIONS
Sewage;
Industrial waste;
Other waste;
Pollution;
Sewer system;
Treatment works;
Disposal system;
Waters of the State;
Person;
Commission.
45SB.2 Cum. Supp.
WATER POLLUTION CONTROL INJUNCTION
Injunction against pollution of waters of State; action brought by
attorney general upon request of commission.
45 SB.2 3 Cum. Supp.
WATER POLLUTION CONTROL POLICY
Statement of public policy of State as to water pollution control.
45SB. 1 Cum. Supp.
WATER POLLUTION CONTROL COMMISSION
CREATION OF
Creation of Iowa water pollution control commission; purpose.
45SB. 3 Cum. Supp.
WATER POLLUTION CONTROL COMMISSION
POWERS AND DUTIES
The commission shall enforce laws relating to water pollution;
develop plans for abatement of pollution; cause Department of
Health to conduct investigations, adopt water quality standards;
require plans for disposal systems; regulation of permits; prescribe
rules and regulations; hold hearings.
455B 9 Cum. Supp.
WATER QUALITY STANDARDS
Criteria for adopting, modifying or repealing water quality
standards.
45SB. 13 Cum. Supp
WEEDS DESTRUCTION OF BY MUNICIPALITIES
Authority of municipalities to destroy weeds; assessment of costs.
368.31 Cum. Supp.
WEEDS DESTRUCTION OF BY RAILROAD
Duty of railroads to destroy weeds on right-of-way once a year.
477.53
WEEDS NOXIOUS DEFINITIONS
Definition of noxious weeds; division into two classes.
317.1 Cum. Supp.
WEEDS NOXIOUS DESTRUCTION OF GROWING
ON HIGHWAYS
Destruction of noxious weeds growing on highways by board of
supervisors.
317.11 Cum. Supp.
WEEDS NOXIOUS DESTRUCTION OF ON ROADS
Order by board of supervisors to destroy weeds on roads;
assessments of costs on failure to destroy.
317.18 Cum. Supp.
WEEDS NOXIOUS DIRECTION AND CONTROL
Weed commissioners subject to direction and control of county
board of supervisors; control over destruction of weeds in county
by weed commissioner.
317.4 Cum. Supp.
WEEDS NOXIOUS DUTY OF OWNER OR TENANT
Requirement of owner or tenant on lands to destroy all noxious
weeds as prescribed by board of supervisors.
317.10 Cum. Supp.
WEEDS NOXIOUS DUTY OF SECRETARY OF
AGRICULTURE
Secretary of Agriculture shall serve as State weed commissioner;
temporarily declare noxious any new weeds.
317.8 Cum. Supp.
WEEDS NOXIOUS NOTICE OF PROGRAM OF
CONTROL
Program of weed destruction to be followed by landowners; unless
program complied with, the weed commissioner shall destroy
weeds and tax costs incurred; notice of program published in
newspapers.
317.13 and 317.14 Cum. Supp.
WEEDS NOXIOUS NOTICE TO ENTER LAND TO
DESTROY
In case of failure of owner to destroy weeds; county weed
commissioner has authority to enter land to destroy weeds; service
of written notice.
317.6 Cum. Supp.
WEEDS NOXIOUS REPORT TO BOARD OF
SUPERVISORS
Annual report by weed commissioners to board of supervisors;
requirements of report.
317.7
WEEDS NOXIOUS TREATMENT OF ON RAILROAD
OR PUBLIC LANDS
Treatment of weeds on railroad lands and public lands by board
of supervisors.
317.12
WEEDS NOXIOUS WEED COMMISSIONER
County board of supervisors to appoint county weed com-
missioner; towns; compensation.
317.3 Cum. Supp
ZONING AUTHORITY OF MUNICIPALITY
Authority of municipality to regulate location, size and use of
buildings and land.
414.1 Cum. Supp.
127
-------
KANSAS
ANIMALS DISPOSAL OF DEFINITIONS
Commissioner;
Person;
Disposal plant;
Substation;
Place of transfer;
Carcasses of domestic animals.
47-1201
ANIMALS DEAD LICENSE FOR DISPOSAL
License requirements for operating business of disposal of dead
animals or transporting carcasses of dead animals.
47-1202
ANIMALS DEAD REFUSE DEFINITIONS
Definition of refuse for purposes of act.
47-1214
ANIMALS DEAD TRANSPORTATION
Conditions and limitations applicable to vehicles used to transport
carcasses including construction of containers and disinfection of
such containers.
47-1209
ANIMALS DEAD UNLAWFUL DISPOSAL PENALTY
Prohibition against placing dead animals or carcasses into waters
or roads; each day a separate offense; penalties.
47-1219
BOARD OF HEALTH STATE POWERS AND DUTIES
Powers of board of health including sanitary investigations, water
supply, sanitary inspections, and rules and regulations.
65-101
BOARD OF HEALTH STATE TECHNICAL ADVISERS
Authority of board of health to employ technical advisers.
65-17Ic
CARCASSES DISPOSAL
Requirements for disposal of carcasses or packing house refuse.
47-7277
CONDEMNATION LAND OUTSIDE CITY
Procedure for city to condemn land outside of its limits.
26-205
DISPOSAL PLANTS INSPECTION
Inspection of disposal plants, places of transfer and vehicles.
47-7272
DISPOSAL PLANTS LICENSES
Suspension and revocation of licensed disposal plants; notice;
hearing.
47-1213
DISPOSAL PLANTS SPECIFICATIONS
Regulations and specifications for disposal plants for dead
animals.
47-7270
EMINENT DOMAIN CITIES
Right of cities to acquire property by eminent domain, including
rights of boards or commissions.
26-207,26-2/0
EMINENT DOMAIN CORPORATIONS AND
PARTNERSHIPS
Power of certain corporations and partnerships to exercise
eminent domain.
26-707
EMINENT DOMAIN DISPOSAL WORKS
Power of municipalties to condemn land for use as disposal works.
72-623
EMINENT DOMAIN MUNICIPALITIES
Power of municipalities to condemn land for construction of
sewage disposal works.
72-622
EMINENT DOMAIN REFUSE COLLECTION BY TWO
OR MORE CITIES
Power of cities to acquire property for purpose of providing
facilities for disposal of refuse; power of eminent domain.
72-2775
GARBAGE DEFINITION
Definition of garbage
47-7J07
GARBAGE DISPOSAL BY MUNICIPALITIES
Power of municipalities to provide for collection and disposal of
garbage or trash; contracts; power to acquire land and build
incinerators, etc.
72-2702
129
-------
KANSAS
GARBAGE DISPOSAL ON HIGHWAYS
Prohibition against dumping garbage or refuse on highway;
penalties.
21-578,21-579
GARBAGE AND REFUSE MOVING ONTO PUBLIC
STREET RESTRICTIONS
Prohibition against moving garbage or refuse of locker plant or
slaughterhouse upon public street unless in liquid-tight container
and shall be moved to a registered garbage feeding establishment.
47-1306
GARBAGE COLLECTORS REGULATION AND
LICENSING BY CITY
Power of cities to regulate and license garbage or trash collectors.
12-2110
GARBAGE DISPOSAL BY CERTAIN TOWNSHIPS
Power of certain townships to acquire land by condemnation for
sites for garbage disposal; power to issue lands; tax levies;
agreements between two or more townships.
80-2204
GARBAGE FEEDING TO ANIMALS
Prohibition against feeding untreated garbage to animals.
47-1302
GARBAGE RUBBISH AND TRASH DISPOSAL IN
CITIES EMINENT DOMAIN
Power of first or second class cities to acquire sites for disposal of
garbage, rubbish and trash; eminent domain, bonds.
12-2123
GARBAGE UNPROCESSED DISPOSAL
Prohibition against municipalities entering into contracts for
disposal of garbage unless contract requires heating and
processing of garbage.
47-1303
HOGS DISEASED BURNING OF CARCASS
Duty of owner of hog dying of contagious disease to destroy by
burial or burning unless dispersed to a licensed disposal plant;
penalty.
21-1206
HOGS DISEASED PENALTY FOR SELLING
CARCASS
Prohibition of selling carcass of diseased hog except to licensed
disposal plant; penalty.
21-1208
JUNKYARDS LOCATION ALONG CERTAIN
HIGHWAYS RESTRICTIONS
Prohibition against establishing junkyards or auto wrecking yards
near certain highways unless screened from view.
21-579a
JUNKYARDS PENALTIES FOR VIOLATIONS
Penalties for violations of act governing the operation of
junkyards and automobile wrecking yards.
21-579b
130
JUNKYARDS PENALTY FOR VIOLATIONS
Maintaining an unlawful junkyard is unclassified misdemeanor.
21-3723
LITTERING DEFINITION AND PENALTY
Definition of littering; class of misdemeanor.
21-3722
POLLUTION OF STREAMS AUTHORITY OF STATE
BOARD OF HEALTH
Authority of State board of health to extend to stream pollution
affecting public health or animal or aquatic life of State.
65-17 la
POLLUTION WATER ABATEMENT BY ATTORNEY
GENERAL
Duty of attorney general to take action to abate water pollution
upon presentation of evidence by State board of health.
65-77/6
POLLUTION WATER RULES AND REGULATIONS
Power of board of health to make rules and regulations to protect
water from pollution; permits, denial and revocation; order
prohibiting pollution; notice and hearing; procedures; appeals;
fees.
65-17 Id
POLLUTION WATER SEWAGE
Prohibition against polluting waters of State with sewage;
exceptions; sewage defined; investigation by State board of
health; duty to furnish information; order; appeal from order.
65-164
REFUSE COLLECTION AND DISPOSAL CERTAIN
TOWNSHIPS
Power of certain townships to acquire land for use for disposal of
trash and garbage; eminent domain; tax levies; garbage and trash
fund.
80-2201
REFUSE COLLECTION AND DISPOSAL
DEFINITIONS
Garbage;
Trash;
Refuse.
12-2101
REFUSE COLLECTION AND DISPOSAL JOINDER
BY OTHER CITIES
Refuse;
Garbage;
Trash.
12-2112
REFUSE COLLECTION AND DISPOSAL JOINT
CONTRACT BY TOWNSHIPS
Power of two or more townships to provide for refuse collection
and disposal; contract between townships.
80-2203
-------
KANSAS
REFUSE COLLECTION AND DISPOSAL ORDINANCE
DESCRIBING DUTIES
Power of municipality to pass ordinance describing duties of
persons regarding garbage and trash and may prohibit others than
the contractor or city from making collections.
12-2103
SEWAGE DISPOSAL PLANTS TAX LEVY IN CITIES
UNDER 50,000
Authority of cities under 50,000 to levy a tax for purpose of
generating sewage disposal plants.
12-630
SEWAGE DISPOSAL SYSTEM DEFINITION USE OF
REVENUE
Definition of sewage disposal system, revenues not to be used for
certain sewers.
12-63H
SEWAGE DISPOSAL SYSTEM RULES AND
REGULATIONS BY MUNICIPALITIES
Power of municipal bodies to adopt rules and regulations
concerning sewage disposal systems.
12-631}
SEWAGE DISPOSAL WORKS MUNICIPALITIES
Power of cities to provide for systems of disposal works for
purification of sewage; payment of costs; improvement bonds;
limitation of bonded indebtedness.
12-621
SLAUGHTER OF LIVESTOCK BY HUMANE METHOD
DEFINITIONS
Person;
Slaughterer;
Livestock;
Packer;
Stockyard;
Humane method.
47-1402
TOWNSHIPS POWER TO CONTRACT FOR
GARBAGE DISPOSAL
Power of townships to regulate dumping sites and enter into
contracts with municipalities for garbage disposal.
80-2202
WATER DISTRICTS RURAL POWERS
Powers of rural water districts including eminent domain.
82a-619
131
-------
KENTUCKY
AIR CONTAMINANT EMISSION
Types of emissions defined as contaminants; evidences of
violation; powers of board. No contaminant that obscures
observers view may be emitted for more than 3 minutes in 1 hour;
no emission of any contaminant injurious to public health; powers
of air pollution control board.
77.155
AIR CONTAMINANT REGULATION OF
INSTALLATIONS WHICH MAY CAUSE EMISSION
Power to air pollution control board: issuance of permits;
submission of plans and specifications; exempted installations.
77.795
AIR POLLUTION CONTROL ACT NECESSITY
Protection of general health and welfare; maintain degree of
future air purity.
224.320
AIR POLLUTION CONTROL BOARD
Authority to enact orders, rules and regulations for reduction of
air pollution.
77.790
AIR POLLUTION CONTROL BOARD ENJOINMENT
OF VIOLATIONS
Power to board or person aggrieved by violation to bring civil
action.
77.175
AIR POLLUTION CONTROL BOARD HOLDING OF
PUBLIC HEARINGS BEFORE ENACTMENT OF
ORDERS RULES OR REGULATIONS
Notice.
77.185
AIR POLLUTION CONTROL BOARD MEMBERSHIP
Composition of board; appointment of members; qualifications;
filling of vacancies; removal of member; definition of mayor.
77.070
AIR POLLUTION CONTROL BOARD ORDER RULES
AND REGULATIONS
Power of enforcement; power to make needful orders, rules or
regulations.
77.750
AIR POLLUTION CONTROL BOARD POWER AFTER
HEARING
Suspension of permit; removal of suspension; find no violation
exists; revocation of permit; condition needed for revocation.
77.230
AIR POLLUTION CONTROL BOARD SUSPENSION
OF PERMIT
Suspension for failure or refusal to furnish information concerning
installation; notice; reinstatement.
77.220
AIR POLLUTION CONTROL DISTRICT
Creation and boundaries.
77.070
AIR POLLUTION CONTROL DISTRICT ACTION OF
FISCAL COURT AND CITY LEGISLATIVE BODY
NECESSARY TO ACTIVATE
Declaration of need from fiscal court required.
77.075
AIR POLLUTION CONTROL DISTRICT FORM AND
SUFFICIENCY OF RESOLUTION AND ORDINANCE
Resolution of fiscal court; ordinance of legislative body.
77.040
AIR POLLUTION CONTROL DISTRICT
FUNCTIONING IMMEDIATELY UPON ACTIVATION
Conclusiveness of activation and organization.
77.055
AIR POLLUTION CONTROL DISTRICT ORDINANCE
OF CITY LEGISLATIVE BODY
To be based upon finding of facts; evidence received at public
hearings; conditions needed for legislative body to find need for
air pollution control district.
77.035
AIR POLLUTION CONTROL DISTRICT POWERS
AND DUTIES
Sue and be sued; make rules and regulations; contract and be
contracted; hold, acquire or dispose of real property, leasing of
property.
77.060
133
-------
KENTUCKY
AIR POLLUTION CONTROL DISTRICT
PROHIBITIONS INAPPLICABLE UNTIL ACTIVATION
Prohibitions against air pollution do not apply until district is
activated.
77.750
AIR POLLUTION CONTROL DISTRICT PUBLIC
HEARING TO DETERMINE FUNCTIONING
Hearing by fiscal court and legislative body must be held to
determine need for district to function.
77.020
AIR POLLUTION CONTROL DISTRICT
RESOLUTION OF FISCAL COURT
To be based on evidence received at public hearing; findings
needed to adopt control district.
77.030
AIR POLLUTION CONTROL OFFICER
INFORMATION CONCERNING INSTALLATIONS TO
BE FURNISHED TO
Officer may require information disclosing the extent, quality and
degree of air contaminants discharged.
77.215
AIR POLLUTION CONTROL OFFICER POWERS
AND DUTIES
Observe and enforce orders, rules, regulation, variances and
standards of board; authorized in enforcement as peace officers.
77.145
AIR POLLUTION CONTROL OFFICER REQUESTING
PUBLIC HEARING ON REVOCATION OR
SUSPENSION OF PERMIT
Hearing board must hold hearing within 30 days of request; notice
to permittee.
77.225
AIR POLLUTION CONTROL OFFICER RIGHT OF
ENTRY AND INSPECTION POWERS
Power to inspect and right of entry, except into a building used
exclusively as a private residence.
77.165
ANIMALS SLAUGHTER FOR OWNERS USE
Inspection not required; sanitation regulations.
2/7.247
BOARD OF HEALTH CITY
Establishment of; membership; powers.
2/2.070, 272.220.
BOARD OF HEALTH POWERS AND DUTIES
State, city and county boards may make and enforce all
regulations and rules affecting public health in municipalities of
the county; power to examine all nuisances and sources of filth.
272.600, 272.270
134
BOARD OF HEALTH COUNTY POWER AND
DUTIES
Listing of powers and duties.
272.2JO
BOARD OF HEALTH STATE CERTIFICATION OF
WATER AND SEWAGE PLANT OPERATORS
Adoption and types of rules and regulations regarding water and
sewage plant operations; rules and regulations filed with legislative
research commission as of June 16, 1966 declared in full force.
221200
BOARD OF HEALTH STATE INSPECTION OF
HOTELS AND RESTAURANTS
Right of access to board; enforcement of laws; abatement of
unlawful conditions; notices.
219.060
BOARD OF PUBLIC WORKS POWERS AND DUTIES
Supervise construction and maintenance of sewers, drains and
culverts within city limits.
94.110
BOARD OF TRUSTEES POWER TO ACQUIRE
CONTROL AND DISPOSE OF PROPERTY
Exception of waterfront property which must be rented; terms of
leases of waterfront property.
88.090
BOARD OF TRUSTEES POWER TO USE REAL
ESTATE DEDICATED FOR STREETS FOR PUBLIC
BUILDINGS
Four-fifths votes of members of board and consent of fronting and
abutting property owners needed.
88.110
BRIDGE COMMISSION RESPONSIBILITY FOR
REMOVAL OF OBSTRUCTIONS
Responsibility of owner for obstructions; penalty for failure to
comply.
7*7.650
BUILDING CIVIL ACTION TO ENFORCE
STANDARDS
Types of action possible.
67.420
BUILDING CONSTRUCTION
Requirement for walls, ceilings and floors; power to fiscal court;
exceptions.
277J00, 67.380
BUILDING COUNTY STANDARDS
Authority to adopt standards for first class city; public hearings.
67.400
BUILDING INSPECTION
Power of inspection to city council.
£6.760
-------
KENTUCKY
BUILDING PUBLIC
Power to city council to designate real estate for streets for public
hearings.
57.700
BUILDING AND EQUIPMENT CARE
To be kept clean and sanitary; protection from contamination;
removal of waste.
277.290
BUILDING COMMISSION DUTIES
Procedures in adopting plans.
95.700
BUILDING COMMISSION POWERS
Listing of powers.
98.090
CARCASSES INSPECTION
Destruction for food of condemned carcasses; stamping.
277.570
CARCASSES SUBJECT TO INSPECTION
Types of animals that inspection is required of; time of inspection.
277.573
CITIES SECOND CLASS POWER OF
CONDEMNATION
Property for public uses; providing for condemnation.
94.680
CITIES SECOND CLASS POWERS
Building and vehicle inspection; smoke abatement.
84.240
CITY COUNCIL POWER TO ACQUIRE AND
DISPOSE OF PROPERTY
Power to city council, restrictions as to disposition of waterfront.
87.080
CONDEMNATION AUTHORITY OF CITY TO USE
POWER
Types of uses required property can be used for; power to city
attorney.
93.100
CONDEMNATION INDUSTRIAL BUILDINGS
Power to city or county; procedure.
705.245
CONDEMNATION POWER OF CITIES
Procedures for compensation.
57.090
CONDEMNATION POWER OF GARBAGE DISPOSAL
DISTRICTS
Power to board of directors.
709.760
CONDEMNATION POWERS OF BOARD OF HEALTH
Procedures of condemnation; eminent domain.
2/2.590
CONDEMNATION PRIVATE PROPERTY
Power to city authorities; acreage limits for cemeteries.
55.700
CONDEMNATION PUBLIC PURPOSES BY CITIES
OF SECOND CLASS
Proceedings for condemnation.
94.650
CONDEMNATION SCIENCE AND TECHNOLOGY
COMMISSION
Procedures of condemnation; compensation of owners.
752.670
CORPSES REMOVAL FROM STREAM
Reward for removal.
72.750
COUNTY BUILDING COMMISSION
Creation of; membership terms; bond; vacancies; officers.
67.450
COUNTY HEALTH BOARDS
Appointment; membership; compensation.
272.020
COUNTY HEALTH DEPARTMENT
Duties.
272.240
DEPARTMENT OF BUILDING AND HOUSING
INSPECTION
Powers and functions.
53.772
DEPARTMENT OF PUBLIC WORKS
Administration and organization.
93.020
DEPARTMENT OF PUBLIC WORKS AUTHORITY
Control over public ways, improvements, and places; public
buildings and improvements.
93.050, 93.060
DEPARTMENT OF SANITATION
Powers and functions.
53.777
DEVELOPMENT AREA DISPOSAL OF PROPERTY
Power to urban renewal and redevelopment agency; methods of
disposal; appraisals.
99.450
DEVELOPMENT PLAN ADOPTION
Prerequisites for adoption.
99.370
135
-------
KENTUCKY
DEVELOPMENT PLAN CONTENTS
What development plan must contain.
99.030
GARBAGE DISPOSAL DISTRICT CREATION
Power to fiscal courts and cities.
109.030
EMINENT DOMAIN
Types of possible proceedings; procedures.
99.420
ENGINEER DUTIES OF CHIEF
Duties of engineer under State Health Department.
109.110
ENGINEER QUALIFICATION AND DUTIES OF
CHIEF
Approval of State Board of Health.
220.210
FOOD ESTABLISHMENT LAW ENFORCEMENT
Power of entry and inspection to officials; violations; abatement
of unlawful conditions; notice required; hearings; failure to
comply with order; penalties.
217.380
FOOD ESTABLISHMENTS SANITARY
REGULATIONS
Rules and regulation relating to sanitation and storage.
277.250
GARBAGE CONTRACTS FOR COLLECTION AND
DISPOSAL
What contracts between subdivisions must contain.
709.020
GARBAGE PLANS FOR COLLECTION AND
DISPOSAL
Plans without approval of garbage and refuse district declared
unlawful; public nuisance; abatement of operations.
709.090
GARBAGE PLANS FOR DISPOSAL
Plans must be approved by State Department of Health; methods
of disposal.
709.050
GARBAGE DISPOSAL DISTRICT RULES AND
REGULATIONS OF BOARD OF DIRECTORS
Power to board to adopt rules and regulations.
709.720
HEALTH OFFICERS LOCAL
Powers and duties.
272.260
HOTELS AND RESTAURANTS PLUMBING
FACILITIES
Regulations for sanitary conditions of lavatories.
279.070
INTERSTATE WATER SANITATION BOARD
Establishment; membership; appointment.
224.205
INTERSTATE WATER SANITATION CONTROL
COMMISSION POWERS
Duties of State agencies.
224.2/0
JUNKYARDS PENALTIES FOR VIOLATIONS
Types of violations and penalties.
777.990
JUNKYARDS PERMITS
Permit required; conditions; screening.
777.975
JUNKYARDS UNAUTHORIZED
Junkyards in proximity to roads declared public nuisance.
777.970
KENTUCKY SCIENCE AND TECHNOLOGY
COMMISSION CREATION
Members; appointment; terms; chairman; meetings; advisory
committees.
752.540
GARBAGE AND REFUSE DISPOSAL DEFINITIONS
Garbage;
Refuse;
Disposal method;
Collection system;
Person;
Department;
Board;
Chief engineer.
709.0/0
GARBAGE DISPOSAL DISTRICT BOARD OF
DIRECTORS
Membership; appointment; residence requirements of members.
709.040
136
KENTUCKY SCIENCE AND TECHNOLOGY
COMMISSION POWERS
Listing of general powers.
752.590
MUNICIPALITIES POWER OF ACQUISITION OF
LANDS
Power of eminent domain; power to purchase or acquire by gift,
grant, or bequest real properties.
93.352 (a), (b)
MUNICIPALITIES UNFIT DWELLINGS
Exercise of police power authorized; condition present in unfit
dwelling.
80.630
-------
KENTUCKY
NEIGHBORHOOD IMPROVEMENT DISTRICTS
Establishment of; territory included.
66.613
NUISANCE ABATEMENT
Power of board of health; enforcement of orders.
272.620
NUISANCE CONDITIONS
Nuisance declared unlawful.
217.330
POLLUTION AIR ORDERS FOR CESSATION OF
VIOLATIONS
Orders; notice; hearings.
224.390
POLLUTION AIR REGULATION OF EQUIPMENT TO
PREVENT
Permits; power to air pollution commission.
224.360
OHIO RIVER VALLEY WATER SANITATION COMPACT
Text of compact.
224.790
PLANNING COMMISSION APPROVAL
Commission must approve construction of public works.
147.680
PLANNING COMMISSION APPROVAL OF ZONING
Commission must approve changes in zoning regulations; motion
to override disapproval of commission.
100.321
PLANNING COMMISSION POWERS AND DUTIES
Establishment of master plan.
147.670
POLLUTION AIR REPORTS AND RECORDS HELD
CONFIDENTIAL
Limits on use.
224.380
POLLUTION AIR STANDARDS
Considerations in fixing standards.
224.340
POLLUTION AIR VARIANCES
Power to issue variances to air pollution control board.
77.245
PLANNING UNIT REGIONAL
Authorization for; financing.
100.123
POLLUTION PROHIBITION
Pollution declared unlawful; permits.
224.060
POLLUTION AIR ABATEMENT
Abatement by injunction.
77.240
POLLUTION AIR VIOLATION
Types of violations.
77.235
POLLUTION AIR VIOLATION OF RULES OR
STANDARDS
Declared unlawful.
224.330
POLLUTION AIR EMERGENCY ORDERS FOR
ABATEMENT
Power to executive secretary; notice to governor; issuance of
order; hearing within 24 hours required.
224.400
POLLUTION AIR EXEMPTIONS FROM
REGULATIONS
Applications, granting and limitations on exceptions from
regulations.
224.470
POLLUTION CONTROL AIR DEFINITIONS
Department;
Commission;
Member;
Person;
District;
Air pollution;
Air contaminant;
Air contamination source
224.3/0
POLLUTION AIR INSPECTION FOR VIOLATIONS
Authorized: power of Department of Public Health; interference
declared unlawful.
224.370
POLLUTION WATER CIVIL LIABILITY
State may sue.
224.110
137
-------
KENTUCKY
POLLUTION WATER DEFINITION
Commission;
Member;
Person;
Water;
Pollution;
Sewage;
Industrial wastes;
Other wastes;
Establishment;
Sewer system;
Treatment works;
Disposal system;
Outlet.
224.010
POLLUTOR AIR REGISTRATION WITH AIR
POLLUTION CONTROL COMMISSION
Information required of polluter.
224.350
PUBLIC HEALTH
Ordinance for the protection of public health.
84.210
PUBLIC WORKS DUTIES OF SUPERINTENDENT
Appropriation for public works.
94.050
PUBLIC WORKS POWERS OF SUPERINTENDENT
Listing of powers.
94.040
REAL PROPERTY CONVEYANCE
Power to city or county; exceptions.
65.010
SANITARIAN EXAMINING COMMITTEE CREATION
Composition; qualification of members; appointment; term;
examination of applicants.
223.020
SANITARY DISTRICTS ACQUISITION OF REAL
PROPERTY
Authorized.
220.300
SANITARY DISTRICTS COMMISSIONER
Power to establish districts.
220.020
SANITARY DISTRICTS IMPROVEMENT
Power to board to prepare plan for improvements.
220.220
SANITARY DISTRICTS OBSTRUCTIONS
Responsibility for removal or adjustment of obstructions; costs.
220.330
138
SANITARY DISTRICTS PETITION NECESSARY TO
ESTABLISH
Requirement of petition; requisites.
220.040
SANITARY DISTRICTS REGULATION
Use and construction of works; improvements; enforcement;
penalties and damages.
220.320
SANITARY DISTRICTS STATE BOARD OF HEALTH
MUST APPROVE CHANGES
Copy of records of approval.
220.240
SEWAGE DISPOSAL SYSTEM OPERATION
Regulation regarding operation.
74.407
SEWAGE TREATMENT COMPANY POWER TO
CONDEMN RIGHT-OF-WAY
Authorized; approval required; objections.
224.7 30
SEWAGE TREATMENT PLANT OPERATION
WITHOUT CERTIFICATE
Prohibited; provisional certificates.
223.2/0
SEWAGE TREATMENT PLANTS
Penalties for violations.
223.990, 223.997
SEWAGE TREATMENT PLANTS CERTIFICATION OF
OPERATORS
Certification of operator, competency required.
223.760
SEWAGE TREATMENT PLANTS CERTIFICATIONS
OF SUPERVISORS
Certificate of competency required.
223.790
SEWAGE TREATMENT PLANTS CLASSIFICATIONS
Classification in accordance to skills required in operation of
plant; power of classification to State Department of Health.
223.750
SLAUGHTERHOUSES ACCESS OF INSPECTORS
Right of access authorized.
2/7.577
SLAUGHTERHOUSES INSPECTION
Inspection, regulations; inspectors, appointments, duties; in
nighttime as well as daytime.
277.523, 277.S40, 277.527
SLAUGHTERHOUSES WITHDRAWAL OF
INSPECTION
Hearing; judicial review.
2/7.570
-------
KENTUCKY
STREAM OBSTRUCTION
Exceptions.
182.010
URBAN RENEWAL PROJECTS AUTHORIZATION
FOR
Authorization; acquisition of property.
99.530
WASTES DISPOSAL OF
Regulations governing disposal and transportation of wastes from
septic tank.
224.233
WATER DISPOSAL OF SUBSTANCES INTO
Disposal without permit prohibited.
151.310
WATER DISTRICTS CREATION OF
Notice; procedures; fees.
74.010
WATER DISTRICTS POWER TO ACQUIRE LANDS
Procedure in cases requiring condemnation.
76.110
WATER POLLUTION CONTROL COMMISSION
COOPERATION WITH UNITED STATES
Acceptance of funds for water pollution control from United
States and other sources authorized.
224.050
WATER POLLUTION CONTROL COMMISSION
CREATION OF
Membership; compensation; meetings; officers and employees.
224.030
WATER POLLUTION CONTROL COMMISSION
EMERGENCY ORDERS OF
Effect of orders; hearings.
224.070
WATER POLLUTION CONTROL COMMISSION
HEARINGS OF
Notice; granting of hearing; appeal from orders or rulings of
commission.
224.080
WATER POLLUTION CONTROL COMMISSION
POWERS AND DUTIES OF
Listing of powers and duties.
224.040
WATER RESOURCES AUTHORITY OF KENTUCKY
CREATION OF
Creation; members; expenses; quorum; officers.
151.330
WATER RESOURCES AUTHORITY OF KENTUCKY
POWERS OF
Acquisition of land.
151.370
139
-------
LOUISIANA
BAYOU D'ARBONNE WATERSHED COMMISSION
POWERS OF BOARD
Board powers to: purchase land; acquire rights-of-way by
purchase or expropriation; conserve soil; construct public works;
construct drainage; water facilities; levy taxes; receive gifts;
contract privately; maintain spillways, locks, basins; police; secure
general health; grant franchises; establish regulations; incur debt
in public works construction; regulations for election of board.
38:2558
BAYOU D'ARBONNE WATERSHED DISTRICT
CREATION
Boundaries and creation of watershed district.
38:2551
BOARD OF HEALTH RULES ENFORCEMENT
Board shall promulgate and enforce rules to carry out provision of
sanitary garbage disposal act.
40:1134
BOARD OF HEALTH SANITARY CODE POWERS
Board has jurisdiction over: water quality; waste disposal;
sanitary code establishment; transportation of dead bodies; food
contamination standards.
40:11
BUILDING ENFORCEMENT REGULATIONS
Authorization of enforcement of building and zoning regulations;
penalties for violation.
33:4728
BUILDING EXIT REQUIREMENTS
Exit requirement for buildings.
40:1580
DRAINAGE INTERFERENCE
Regulations for dumping or discharge into drainage system of
trees, debris, substances.
38:214
DRAINAGE OBSTRUCTION
Obstruction of drainage system prohibited; punishment.
38:215
EMINENT DOMAIN DEPARTMENT OF PUBLIC
WORKS
Department of public works granted power of eminent domain.
38:2563
FIRE MARSHALL INVESTIGATIONS OF FIRES OF
SUSPICIOUS ORIGIN
Special investigations of fires of suspicious origin authorized.
40:1568
FIRE MARSHALL INVESTIGATIONS PRIVATE
Investigations of premises may be private.
40:1571
FIRE MARSHALL POWERS AND DUTIES
Powers and duties of fire marshall; aid of local officials; use of
deputies.
40:1563
FIREMEN INGRESS REQUIREMENT
Ingress requirement for buildings.
40:1579
GARBAGE DISPOSAL
Specific acts involving disposal of garbage illegal.
40:1132
GARBAGE REMOVAL BY AUTHORIZED
COLLECTORS; LICENSING
Rules for garbage removal; licensing of removers.
40:1133
HEALTH OFFICER POWER TO INSPECT PREMISES
Authority to enter, inspect premises.
40:69
HIGHWAYS REMOVAL OF OBSTRUCTIONS
Orders to remove obstructions, hazards; advertizing signs;
liability; punishment for violation.
48:347
DRAINAGE CHANNELS OBSTRUCTION
Prohibition of specific kinds of obstructions of drainage system;
channels; punishment.
38:219
HOUSING ESTABLISHMENT OF HABITATION
FITNESS STANDARDS
Standards for determination of unfitness for human habitation.
40:566
141
-------
LOUISIANA
HOUSING PROCEDURE FOR COMPLAINTS,
ORDERS
Service of official orders.
40:567
HOUSING PROJECTS COOPERATION IN
UNDERTAKING
Public body authorized to acquire land; construct public works;
plan public facilities; zone; employ funds; incur expenses; enter
into agreements with Federal government.
40:533
HOUSING PROJECTS EXCEPTIONS FROM
REGULATIONS
Exception of certain projects from regulations of State public
body.
40:535
LAND LEASE OWNED BY LEVEE DISTRICTS
Authority to lease land owned by levee districts.
38:282
PREMISES EXAMINATION FIRE MARSHALL
AUTHORIZED
Examination by fire marshal!; searches and seizures.
40:1570
PREMISES INSPECTION ORDERS TO REPAIR
Inspection power of fire marshall; orders for repair or removal of
dangerous conditions.
40:1575
ROADS INTERFERENCE WITH DRAINAGE
Interference with drainage of roads parallel or contiguous to
public levees prohibited; punishment.
38:220
ROADS OBSTRUCTION
Prohibition against closing; obstructing or changing legal road;
restoring to former condition.
48:512
SANITARY CODE PENALTY FOR VIOLATION
Penalties for violation.
40:12
SLUM AREAS FINDINGS AND DECLARATION OF
NECESSITY
Procedures for declaring slum areas unsafe; declaration of
necessity of clearance; finding areas.
40:381.1, 40:531.1
SLUM CLEARANCE PROCEDURES BY HEALTH
DEPARTMENT
Provisions for slum clearance; procedures by public officer.
40:564
SLUMS DECLARATION OF CONDITIONS BY
MUNICIPALITY
Slum conditions; action to abate, remedy.
40:563
VEHICLE MOTOR REQUIREMENT OF WRECKER
LICENSES
Dealer's and wrecker's licenses; applications.
32:718
VEHICLE MOTOR SALE OF SCRAP
Sale of motor vehicle scrap regulations.
32:717
VEHICLES MOTOR LICENSE FOR WRECKERS
Issuance of license; cancellations; supplemental license.
32:719
ZONING HIGHER STANDARDS TO APPLY IN
CASES OF CONFLICTING REGULATIONS
Conflicting regulations; higher standards to apply.
33:4729
ZONING COMMISSION APPOINTMENT; HEARINGS
Duties of commission; recommendations; public hearings.
33:4726
142
-------
MAINE
AIR POLLUTION CONTROL DECLARATION OF
LEGISLATURE
Declaration by legislature as to exercise of police power of State to
regulate air pollution.
38-581 Cum. Supp.
AIR POLLUTION CONTROL DEFINITIONS
Defines:
Air contaminant;
Air contamination source;
Air pollution;
Air pollution control appartus;
Ambient air;
Commission;
Emission;
Municipality;
Person;
Region.
38-582, 18-461 Cum. Supp.
AIR POLLUTION CONTROL ENFORCEMENT OF
ORDERS
Orders of commission to be enforced by Attorney General;
injunctive relief.
38-595 Cum. Supp.
AIR POLLUTION CONTROL MUNICIPALITIES AND
COUNTIES
Power of municipalities and counties to enact air pollution control
ordinances not in conflict with State law.
38-463, 38-597 Cum. Supp.
AIR POLLUTION CONTROL PENALTIES FOR
VIOLATIONS
Penalties for violation of air pollution laws; injunction;
registration of polluters; filing reports.
38-462, 38-589 Cum. Supp
AIR POLLUTION CONTROL POWERS AND DUTIES
Power of Commission to establish air quality regions; ambient air
quality standards; emission standards; grant variances; licensing.
38-583 through 38-590 Cum. Supp.
AIR POLLUTION CONTROL PROHIBITIONS
Prohibition against discharging air contaminants into ambient air
violating air quality standards; operation without a license.
38-591 Cum. Supp
AIR POLLUTION CONTROL VIOLATIONS
Notice to violator, hearing, order, finding of facts; emergency
procedures if immediate danger of public health or safety.
38-593 Cum. Supp.
AIR POLLUTION CONTROL SYSTEMS MOTOR
VEHICLES
Definitions; prohibition of operating motor vehicle without air
pollution control system.
29-2/27 Cum. Supp. and House Bill No. 1369-X, 1969 Session
Laws
ANIMAL CARCASSES CONDEMNATION AND
DESTRUCTION
Carcasses or meat products distributed in violation of health laws
or adulterated may be seized and condemned and disposed of by
sale or destruction; bond to prevent disposal.
22-2583 Cum. Supp.
ANIMAL CARCASSES POSTMORTEM INSPECTION
Requirement of postmortem inspection of carcasses of animals
used for human food; marking; condemnation of adulterated
parts; destruction of condemned carcasses.
22-2544 Cum. Supp.
ANIMALS DEAD NUISANCE
Removal of carcass of dead animal upon notice from health
office; penalty.
22-7562
ANIMALS DISEASED APPRAISAL AND INDEMNITY
Authority of commissioner to appraise and destroy diseased
animals; indemnity.
7-1756
ANIMALS FOOT AND MOUTH DISEASE
DESTRUCTION
Animals infected or exposed to foot and mouth disease shall be
destroyed under direct supervision of commissioner.
7-1815
AUTOMOBILE JUNKYARDS REGULATIONS,
LICENSES AND PERMITS
Definitions; permits; hearings; limitations on permits; fees;
violations; penalties; rules and regulations; relocation, removal,
disposal, compensation and condemnation.
30-2451 et seq. Cum. Supp.
143
-------
MAINE
BEDDING AND CLOTHING INFECTED
DESTRUCTION
Power of local health officer to destroy bedding or clothing
exposed to infection.
22-1004
BUREAU OF PUBLIC IMPROVEMENTS POWERS
AND DUTIES
Power to demolish obsolete buildings and contract for utility
services.
5-1742
BODIES DEAD DISPOSAL
Requirement to bury or cremate body within reasonable time after
death; regulations.
13-1032
BODIES DEAD IMPROPER CONDITIONS; REMOVAL
If Bureau of Health determines structure containing dead bodies
has become menace to public health, court may order removal of
body.
13-1347
BODIES DEAD UNLAWFUL DISPOSAL
Penalties for digging up or abandoning dead bodies.
17-1251
BODIES HUMAN BURIAL PERMITS
Requirement to obtain permit prior to burial; permit for
transportation; permit for removal; permit for burial.
22-2843
BUILDING DEMOLITION AS FIRE HAZARD
After notice and hearing, the court may authorize town to
demolish building which is a fire hazard; expenses incurred; hen
against land.
25-2393
BUILDING FIRE HAZARDS REMOVAL OF
DANGEROUS MATERIAL
Order to remove dilapidated buildings or combustible material
which constitute fire hazard; appeal and review by Insurance
Commissioner.
25-2392
BUILDING UNSAFE DISPOSAL
Buildings considered dangerous by municipal officers may, after
notice and hearing, record an order as to disposal; order of
removal.
17-2851, 17-2553 Cum. Supp.
BUREAU OF HEALTH APPROVAL OF
MAUSOLEUMS
Bureau of Health shall approve any community mausoleum.
13-1342
BUREAU OF HEALTH CONSTRUCTION OF
MAUSOLEUMS
Bureau of Health shall approve type of construction of
mausoleums.
13-1343
BUREAU OF PURCHASES PURCHASE OF RUBBISH
AND DISPOSAL SERVICES
Purchasing authority includes rubbish and garbage disposal
service for the State government.
5-1812 Cum. Supp.
CARCASSES DISPOSAL
Owner of carcass of diseased animal may be required to dispose of
carcass by method prescribed by commissioner.
7-1817
COMMISSIONER OF SEA AND SHORE FISHERIES
Duty of commissioner to examine and close contaminated or
polluted shores, waters or flats.
12-3503
CONSERVATION RESTRICTIONS
Limitations on:
1. Structures;
2. Landfill;
3. Vegetation;
4. Loam, gravel, etc.;
5. Surface use.
House Bill No. 1336-X 1970 Session Laws
CREMATION
Cremation of body after receiving certificate from medical
examiner as to cause of death.
32-1405
DEAD FISH DUMPING
Prohibition against depositing dead fish in waters of State;
penalty.
12-4206
DEBRIS BURNING
Definition of debris; restrictions on time for burning; exceptions;
penalty.
25-2436-A Cum. Supp.
DEPARTMENT OF HEALTH AND WELFARE DUTIES
General supervision over interests of health of citizens of State;
sanitary investigations; advise local authorities as to water supply
purity; evaluations of health hazards affecting employees and
establishing standards therefore.
22-3 Cum. Supp., House Bill No. 1311-X 1970 Session Laws
BUREAU OF HEALTH MAUSOLEUMS
Bureau of Health shall have supervisory control over erection of
community mausoleums.
13-1344
144
DOGS KILLING
Power to kill dogs during emergency epidemic of rabies or
hydrophobia if in violation of quarantine.
22-1311
-------
MAINE
DREDGING PONDS REMOVAL OF MATERIAL
Power of Forest Commissioner to grant permits for dredging
ponds and for disposal of materials removed.
12-514 Cum. Supp.
DRUGS ADULTERATED
Whoever fraudulently adulterates, for purpose of sale, any drug or
medicine shall be punished by a fine of not more than $1,000 or by
imprisonment for not more than 11 months.
22-2277
DRUGS ADULTERATED DESTRUCTION
Adulterated drugs and medicines to be forfeited and destroyed
under direction of court.
22-22/7
DUMPS ASSESSMENT FOR PUBLIC SERVICES TAX
Authority of county commissioners of Washington and Franklin
Counties to enter into contracts to provide public dumps for
certain townships; assessment for such services; collection of
taxes.
30-1202 Cum. Supp.
DUMPS COUNTIES
Power of county commissioners to contract for establishment and
maintenance of public dumps in unorganized territory.
30-1203 Cum. Supp.
EMINENT DOMAIN PURCHASE BY STATE
Manner of taking of land for use by State.
7-S77 through 1-813
EXCREMENT INFECTED DISPOSAL
Excreta of persons sick with certain diseases shall be disinfected
and disposed of.
22-7002
EXPLOSIVES STORAGE AND TRANSPORTATION
Rules and regulations by Insurance Commissioner for storage or
transporting dangerous explosives; penalties; license to transport
explosives required.
25-2441, 25-2444, 25-2441 Cum. Supp.
FERTILIZER COMMERCIAL SEIZURE AND
DISPOSAL
Noncomplymg commercial fertilizer subject to seizure; order of
condemnation by court; disposal.
7-748
FIRE PREVENTION PRIMARY PROCESSORS
All primary processors of wood products shall keep any slash
resulting from cutting forest growth removed for distance of 50
feet in all directions from mill, sawdust pile and any open
incinerator.
72-7555 7970 Cum. Supp.
DUMPS FIRE PREVENTION; CLOSING FOR
VIOLATIONS
Preventive measures required of dumps for disposal of waste,
rubbish or debris which may facilitate spread of forest fires;
weeds, brush and debris removed around dumps; watchman
during burning; closing for violations.
72-7557, 12-1352 Cum. Supp.
DUMPS MUNICIPAL AUTHORITY TO RAISE
MONEY
Authority of municipality to raise money to provide public dumps
within or outside its boundaries.
30-5103
DUMPS PUBLIC ACQUISITION; NUISANCES
Acquiring land for public dumping grounds for municipality;
disposal of dumping grounds; nuisance where offal, filth or
noisome substance not deposited in manner satisfactory to local
health officer; penalty; recovery of expenses of abatement by
municipality.
30-4101, 30-4102
DUMPS PUBLIC RAT CONTROL
Duty of municipal officers to have dumping grounds treated once
a year with rat exterminating agents.
30-4103
ECONOMIC POISONS SEIZURE AND DISPOSITION
Illegal economic poisons subject to seizure and destruction.
7-590
FISHWAYS DUMPING
Prohibition against introducing foreign objects into fishway;
penalty.
72-2202
FOODSTUFFS CONDEMNED DESTRUCTION
Adulterated foods; destruction by order of court at expense of
claimant; declaration as nuisance.
22-2759
GARBAGE FEEDING TO SWINE DEFINITION
Definition of garbage for feeding to swine; definition of person.
7-1813
GARBAGE FEEDING TO SWINE LICENSES
Requirement of license to feed garbage to swine; fee; exception
for household garbage; treatment of garbage; entry for inspection.
7-1814
HAZARDOUS SUBSTANCES DISPOSITION
Seizure of hazardous substances by court order; condemnation
and disposal.
7-506 Cum. Supp.
HIGHWAYS DEPOSITING SAWDUST
It is unlawful for any mill to be established or located within
proximity to any highway of State as to allow sawdust therefrom
to blow into such highway.
77-2252
145
-------
MAINE
INDUSTRIAL DISPOSAL SYSTEMS TAX
EXEMPTIONS
Tax exemption for industrial disposal systems that produce no by-
products which are marketed or used in production.
36-656
INTERSTATE WATER POLLUTION CONTROL
Creation of New England Interstate Water Pollution Control
Commission; organization and operation; personnel and pro-
grams; water quality network; limitations; form and contents.
38-491A through 38-496C Cum. Supp.
38-497, 38-536
JUNK PURCHASE OR SALE
Municipality may enact police ordinances to regulate purchase or
sale of junk.
30-2151.5.B, 30-2151.5.B Cum. Supp.
JUNK DEALERS RECORDS
Every dealer shall keep record of every person selling junk to such
dealer.
30-3051
JUNKYARDS DEFINITIONS
Junkyard means place of storage for:
1. Discarded plumbing, appliances and furniture;
2. Scrap and junked lumber;
3. Old copper, brass, rope, rags, batteries, paper trash,
rubber debris, waste and all scrap iron, steel and other
scrap ferrous or non-ferrous materials;
4. Garbage dumps, waste dumps and sanitary fills.
30-2451-B.2 1970 Cum. Supp.
JUNKYARDS NUISANCE
Junkyards and automobile graveyards are a nuisance and are
subject to regulation and control.
30-2451 1970 Cum. Supp.
LAND USE REGULATION PURPOSE
Extension of principles of sound planning, zoning and subdivision
control to the unorganized and deorganized townships and
mainland plantations of the State in order to preserve public
peace, health, safety and general welfare.
12-681 1970 Cum. Supp.
LAND USE REGULATION COMMISSION POWERS
AND DUTIES
Zoning regulations.
12-686 1970 Cum. Supp.
LITTER STATE PARK COMMISSION
Maine State Park and Recreation Commission shall provide for
elimination of offensive litter and other unsightly conditions on
roadsides, streets, waterways and beaches and in parks and other
public areas.
12-632 1970 Cum. Supp.
146
LITTERING AND DUMPING HIGHWAYS AND
PUBLIC PLACES
Prohibition against littering or dumping on highways or other
public places including inland or tidal waters; penalty.
17-2251 Cum. Supp.
MAUSOLEUMS COMPLETION
No community mausoleum shall be used before fully completed.
13-1345
MEDICAL LABORATORIES SANITARY CONDITIONS
Department of Health and Welfare shall publish rules and
regulations relating to all sanitary conditions within laboratory
and its surroundings, including water supply, sewage, handling of
specimens and general hygiene which shall insure protection of
public health.
22-2023.3 1970 Cum. Supp.
MINING BUREAU AUTHORITY
Bureau is authorized to prevent waste of oil and gas and related
materials to protect correlative rights, and to prevent pollution.
70-2/55 1970 Cum. Supp.
MINING BUREAU POLLUTION
Mining Bureau shall require repair of any well causing pollution.
10-2155.1.E 1970 Cum. Supp.
MINING BUREAU POLLUTION BY OIL OR GAS
Mining bureau shall require drilling, casing, operation and
plugging of wells such as to prevent escape of oil or gas.
10-2155. l.C 1970 Cum. Supp.
MINING BUREAU POLLUTION STATE WATERS
Mining Bureau shall regulate operation, abandonment and proper
plugging of wells to prevent pollution of streams and public bodies
of surface water of State.
10-2155.3.E 1970 Cum. Supp.
MINING BUREAU REGULATIONS
Bureau shall adopt, amend, repeal and enforce regulations to
prevent waste and pollution.
10-2155 6 1970 Cum. Supp.
MOTOR VEHICLE EXHAUST
No person shall operate motor vehicle unless equiped with
adequate muffler to prevent excessive or unusual noise.
29-1364 1970 Cum. Supp.
MUNICIPAL FACILITIES RATES AND FEES
Municipal officers shall fix schedule of rates and fees for services
furnished by any revenue producing municipal facility.
30-4253 Cum. Supp.
MUNICIPAL FACILITIES REVENUE BONDS
Municipal officers of any municipality with population over 1,000
are authorized to provide for issuance of revenue bonds for
purpose of paying cost of acquiring, constructing, reconstructing,
improving, extending, enlarging or equipping any revenue
producing municipal facility.
30-4252 1970 Cum. Supp.
-------
MAINE
MUNICIPAL POWERS REVENUE PRODUCING
General powers:
1. Revenue producing facilities;
2. Bonds;
3. Refunding bonds;
4. Rates and fees;
5. Pledge of revenues;
6. Acquisition of land or personalty;
7. Contracts; employment of specialists;
8. Jurisdiction and control;
9. Right of entry; surveys;
10. Use of streets and highways;
11. Federal contracts;
12. Federal aid;
13. General powers.
30-4251 1970 Cum. Supp.
MUNICIPALITIES MUNICIPAL DEVELOPMENT
Municipality may act for purpose of municipal development.
30-4951
MUNICIPALITIES POWERS
Municipal powers:
1. General;
2. Public ways and other public property;
3. Vehicles;
4. Buildings, structures, trailers and equipment;
5. Commercial.
30-2151
NURSERY STOCK INFESTED
If stock is found to be infested with any injurious insects or plant
diseases, the State horticulturist shall cause it to be destroyed.
7-2204
OIL DUMPING
Oil shall not be intentionally placed on banks of any river where
such material may fall into said watercourse.
77-2794
PLANNING REGIONAL PLANNING COMMISSION
Municipality which has planning board may join regional
planning commission for purpose of regional development and for
coordination with state and federal planning and development
programs.
30-4501 Cum. Supp.
PLANNING BOARD MUNICIPAL
Municipalities may establish planning boards.
30-4952 1970 Cum. Supp.
PLANNING COMMISSION POWERS AND DUTIES
Powers and duties:
1. Jurisdiction;
2. Organization;
3. Comprehensive regional plan;
4. Local assistance.
30-4504
NEW ENGLAND INTERSTATE WATER POLLUTION
CONTROL COMMISSION STANDARDS
Commission shall establish standards of water quality satisfactory
for various classifications of use.
38-495
NUISANCE ABATEMENT
When any person is adjudged guilty of nuisance, court may order
nuisance abated or removed at expense of defendant.
77-2702
PLANNING OFFICE STATE
State Planning Office-Powers:
1. Technical assistance;
2. Maine Comprehensive Plan;
3. Economic analysis and planning;
4. Planning assistance;
6. Inter-governmental planning;
7. Assistance to public or citizens groups;
8. Coordinating agency.
5-3305 1970 Cum. Supp.
POWERS AND DUTIES
NUISANCE MISCELLANEOUS
Declaration of miscellaneous nuisances.
77-2502 7970 Cum. Supp.
NUISANCE PRIVATE REMOVAL
When any nuisance is found on private property within 24 hours
after notice, owner forfeits $100.
22-7567
NUISANCE ABATEMENT PENALTY
Whoever causes nuisance shall be punished by fine of not more
than $100.
77-2706
POLLUTION ABATEMENT GRANTS AND LOANS
Commission may make grants to municipalities and planning
commissions for expenses incurred in preliminary planning of
pollution abatement facilities and pollution abatement con-
struction programs.
Senate Bill No. 584-X 1970 Session Laws
POLLUTION ABATEMENT STATE CONTRIBUTION
State contributions to pollution abatement:
1. Grants by State for facilities;
2. Advances and grants by State for facilities;
3. Grants by State for planning.
38-411 1970 Cum. Supp.
NUISANCE ABATEMENT STATE POWER
Nothing shall limit the powers of the State to initiate and maintain
actions to abate public nuisances.
38-372
POLLUTION WATER INJUNCTION
In event of violation of order of commission, Attorney General
may institute injunction proceedings to enjoin further violation.
38-454
147
-------
MAINE
POLLUTION WATER LICENSE
No person shall discharge into any water any waste, refuse or
effluent without first obtaining license from commission.
38-413 1970 Cum. Supp.
POLLUTION WATER OIL DISCHARGE PREVENTION
Definition of oil to include sludge; power of Environmental
Improvement Commission to require license for operation of oil
terminal facility, regulatory powers of commission; Governor's
powers in emergency; removal of prohibited discharges;
enforcement and penalties.
House Bill No. 1459-X 1970 Session Laws
POLLUTION WATER PENALTIES
Whoever willfully corrupts waters used for domestic purposes or
sources of any public water supply so as to affect purity of such
water shall be punished by fine of not more than $5,000 or by
imprisonment for any term of years.
38-571
POLLUTION WATER POTATOES
No person shall deposit potatoes into any stream, pond, lake or
other body of water where such potatoes may pollute such waters.
38-417 1970 Cum. Supp.
POLLUTION WATER SAMPLES FOR EXAMINATION
Power of Department of Health and Welfare to require persons
providing water for domestic purposes to submit samples for
examination; order prohibiting sale; order directing installation of
purification equipment; inspection of premises; charge of costs
incurred.
22-2431 Cum. Supp.
POLLUTION WATER SAMPLES OF WATER FOR
SCHOOL USE
Requirement that school officials submit water samples for
examination if taken from other than municipal water system;
order prohibiting use of unfit water; charge of costs.
22-2433
POTATOES CONTROL OF SURPLUS
Committee shall recommend control and distribution of surplus
potatoes for equalizing burden of surplus elimination.
7-995
POULTRY DEAD DISPOSAL
Owner of any premises wherein poultry are raised shall maintain
adequate disposal facilities for sanitary disposal of dead poultry.
7-1818
RADIATION NUCLEAR MATERIALS
All sources of radiation shall be shielded, transported, handled,
used and kept to prevent exposure to unnecessary radiation.
10-104
RAILROAD INFLAMMABLE MATERIAL
Every railroad company shall cut and burn off or remove from its
right-of-way all grass, brush or other inflammable material. No
railroad employee shall build a fire to burn any material along
right-of-way.
12-1455 1970 Cum. Supp.
148
REFUSE DEPOSIT IN STREAMS
No person shall place or deposit in the inland waters or tidal
waters of State any slabs, edgings, sawdust, chips, bark or shavings
created in manufacture of lumber or other wood products.
38-416 1970 Cum. Supp.
REFUSE DISPOSAL ON LAND
No person shall deposit refuse on any kind on land without
consent of owner.
12-1353
ROADS OBSTRUCTION
Whoever places obstructions on traveled road shall be punished
by fine of not more than $10 for each offense.
17-3961
RUBBISH DUMPING ON ANOTHER'S LAND
Penalty for depositing rubbish or garbage on another's land
without consent.
17-3955
SANITARY DISTRICT ENABLING ACT CITED
Chapter shall be known and may be cited as Maine Sanitary
District Enabling Act.
38-1061 1970 Cum. Supp.
SANITARY DISTRICTS BOND ISSUES
Any sanitary district for purposes of accomplishing its objectives is
authorized to borrow money and issue bonds.
38-1201 1970 Cum. Supp.
SANITARY DISTRICTS DECLARATION OF POLICY
It is policy of State to encourage development of sanitary districts
to assist in abatement of pollution of public streams, lakes and
inland and ocean waters and enhance public health, safety and
welfare of citizens of State.
38-1062 1970 Cum. Supp.
SANITARY DISTRICTS POWERS AND DUTIES
Each sanitary district shall have power to construct and maintain
treatment works for purifying, distributing and disposing of
sewage.
38-1151 1970 Cum. Supp.
SANITARY DISTRICTS PURPOSE
Purpose of each sanitary district shall be to construct, maintain,
operate and provide system of sewerage, sewage and commercial
and industrial waste disposal and sewage treatment.
38-1063 1970 Cum. Supp.
SANITARY DISTRICTS SEWAGE DISPOSAL
Any sanitary district may contract for disposal of sewage.
38-1157 1970 Cum. Supp.
SEEDS SEIZURE
Any seeds not m compliance with this subchapter shall be subject
to seizure on complaint of commissioner.
7-1048 1970 Cum. Supp
SEWAGE DISPOSAL CONNECTION SYSTEM
After operation of sewage disposal system, any building connected
-------
MAINE
to such system shall cease to use any other method for disposal of
sewage, sewage waste or other polluting matter.
30-4257 1970 Cum. Supp.
SEWAGE DISPOSAL DOMESTIC UNITS
Malfunctioning domestic sewage disposal units are declared to be
nuisance.
30-4359 1970 Cum. Supp.
SEWAGE DISPOSAL SYSTEM DATA
Any authorized member of commission may enter any land or
establishment for purpose of collecting information concerning
pollution of waters.
38-452
SLASH DEFINITION
Slash-branches, bark, tops, chunks, cull logs, uprooted stumps and
broken or uprooted trees and shrubs left on ground as results of
logging, right-of-way construction or maintenance and land
clearance.
12-I551-A 1970 Cum. Supp.
SLASH DISPOSAL BORDERING LAND
Whoever causes to be cut any forest growth on land which borders
land of another shall dispose of slash in manner prescribed.
12-1554 1970 Cum. Supp.
SLASH DISPOSAL ON HIGHWAYS
All slash resulting from cutting of forest growth shall not remain
on ground within right-of-way or within 50 feet of such right-of-
way.
12-1552 1970 Cum. Supp.
SLASH DWELLINGS
Commissioner may require removal of slash within 100 feet of
buildings and trailers currently used for human occupancy when
such slash constitutes an unusual hazard.
12-1555 1970 Cum. Supp.
SLASH RAILROADS
Whoever causes to be cut any forest growth which borders upon
rights-of-way of any railroad, electric power, telegraph, telephone
or pipelines shall dispose of slash in manner described.
12-1553 1970 Cum. Supp.
TAX EXEMPTIONS POLLUTION CONTROL
FACILITIES
Tax exemption for sale, storage, use of air and water pollution
control facilities.
36-1760 Cum Supp.
WASTE DUMPING OF POTATOES
No person shall dump waste potatoes m such manner that they
sprout and grow, thereby permitting or in any way facilitating
spread of potato diseases to cultivated potato fields.
7-7007
WASTE OUT-OF-STATE DUMPING
Definition of waste matter; prohibition against dumping out-of-
state waste matter; penalty; jurisdiction of Superior Court to order
injunctions.
Senate Bill No. 645-X 1970 Session Laws
WATER AND AIR ENVIRONMENTAL IMPROVEMENT
COMMISSION APPEALS
Any person aggrieved by order of commission may appeal to
Superior Court.
38-415 1970 Cum. Supp.
38-594 1970 Cum. Supp.
WATER AND AIR ENVIRONMENTAL IMPROVEMENT
COMMISSION AUTHORITY TO ACCEPT FEDERAL
FUNDS
Authority of commission to accept federal funds for water.
38-362 Cum. Supp.
WATER AND AIR ENVIRONMENTAL IMPROVEMENT
COMMISSION CLASSIFICATION FRESH WATER
Commission designates four categories for classification of fresh
water.
38-363 1970 Cum. Supp.
WATER AND AIR ENVIRONMENTAL IMPROVEMENT
COMMISSION CLASSIFICATION TIDAL WATERS
Commission designates five categories for classification of tidal or
marine waters.
38-364 1970 Cum. Supp.
WATER AND AIR ENVIRONMENTAL IMPROVEMENT
COMMISSION LICENSES FOR DISCHARGE OF
WASTE
Applications for granting of licenses for discharging of waste into
State waters shall be submitted to commission. Commission may
approve applications in accord with applicable law and
regulations.
38-414 1970 Cum. Supp.
WATER AND AIR ENVIRONMENTAL IMPROVEMENT
COMMISSION ORGANIZATION AND DUTIES
Commission consists of 10 members; term; compensation; duty to
study the control of pollution of air, rivers, waters and coastal flats
by deposit of municipal sewage, industrial waste and other
substances; recommendations to Legislature; approval of plans
for sewage disposal; research relating to air pollution.
38-361 Cum. Supp.
38-460 Cum. Supp.
WATER AND AIR ENVIRONMENTAL IMPROVEMENT
COMMISSION SUBPOENA POWER
Commission may issue subpoenas to compel production of books,
records and other data related to matters in issue at any
commission hearing.
38-586 1970 Cum. Supp.
WATER AND AIR ENVIRONMENTAL IMPROVEMENT
COMMISSION VIOLATIONS
Any person who violates any order of commission shall be
punished by fine for each day of violation.
38-453 1970 Cum. Supp.
149
-------
MAINE
WATER POLLUTION ABATEMENT ENFORCEMENT
It shall be unlawful for any person to dispose of sewage in such
manner as will lower quality of surface waters or tidal flats.
Commission may establish zones with respect to such discharge.
38-451 1970 Cum. Supp.
WATER POLLUTION ABATEMENT NEW YORK
Commission is authorized to negotiate with state agencies in New
York questions of pollution of waters which flow into New
England area from New York or vice versa.
38-500
WATER POLLUTION ABATEMENT UNISSUED
BONDS
Bonds shall be dated and may be made redeemable before
maturity at option of Treasurer of State.
Senate Bill No. 663-X 1970 Session Laws
WATER POLLUTION CONTROL DECLARATION OF
PUBLIC NECESSITY
Maintenance and improvement of safe and pure water necessary
for public health. Improved water and sewer systems necessary for
public health.
House Bill No. 1407-X, S. 1901-A 1970 Session Laws
WATER POLLUTION CONTROL PENALTIES
Penalties for violation of order of commission.
38-596 Cum. Supp.
WATER SUPPLY PROTECTION
Any water utility or municipality supplying water to public is
authorized to take reasonable methods to protect its source of
public water supply from pollution.
22-2436 1970 Cum. Supp.
ZONING ORDINANCES MUNICIPAL AUTHORITY
Municipality which has planning board may enact zoning
ordinance dividing it into zones consistent with proper de-
velopment of municipality.
30-4953 1970 Cum. Supp.
150
-------
MARYLAND
AIR POLLUTION CONTROL POWER OF
COMMISSIONERS IN CECIL COUNTY
Power of County Commissioners to adopt rules and regulations
for control of air and water pollution and industrial waste;
advertising proposed ordinance or resolution.
Art. 25, Sec. I1B Cum. Supp.
AIRCRAFT DUMPING
Aircraft owner prima facie liable for damage caused by flight or
dropping or falling objects therefrom, unless contributory
neglience or aircraft operated without owner's consent; pre-
sumption of liability rebuttable; personal liability, lien on aircraft.
Art. 1A, Sec. 9
ANIMALS DEAD PENALTIES
Penalties for obstructing State Veterinarian in his duties; authority
of State Veterinarian to apply to court for injunction.
Art. 66C, Sec. 439
ANIMALS DISEASED BURIAL
Domestic animals dying of infectious disease shall be buried or
burned; penalties.
Art. 66C, Sec. 434
BOARD OF HEALTH STATE CONSULTING AND
ADVISING POTENTIAL POLLUTERS
Duty of Board to consult with and advise county and municipal
authorities and persons as to best methods of sewage or refuse
disposal; power to conduct experiments relating to purification of
water and treatment of refuse.
Art. 43, Sec. 389
BOARD OF HEALTH STATE DESIGNATION AS
STATE WATER POLLUTION CONTROL AGENCY
State Board of Health designated as State Water Pollution Control
Agency including necessary powers to enforce water pollution
control.
Art. 43, Sec. 617
BOARD OF HEALTH STATE INVESTIGATIONS INTO
TRADE WASTES AND NUISANCES
Duty of Board to conduct inquiries into nature of sewage, trade
wastes and nuisances.
Art. 43, Sec. 35
BOARD OF HEALTH STATE POWERS AND DUTIES
Powers of Board include policy for environmental and health
services; promulgate rules and regulations, general supervision
over waters of State; power to promulgate rules and regulations to
prevent pollution; investigations and examination of water supply;
pass upon design and construction of all sewerage systems and
refuse disposal plants.
Art 43, Sees. IF, 388
BOARD OF HEALTH STATE POWERS AND DUTIES
OF DIRECTOR
Powers and duties of Director including keeping records and
making reports; advising as to disposal of excrement of any State
institution; jurisdiction over health officers.
An. 43, Sec. 5
BOARD OF HEALTH STATE RIGHT OF ENTRY
Authority of Board to enter at reasonable hours the premises of
any establishment or room of any business for purpose of
inspecting and enforcing State health laws; penalty for refusal of
access.
Art. 43, Sec. 203
BUILDING INFECTED DESTRUCTION
Buildings, stables, etc. incapable of disinfection may be appraised
and ordered destroyed by Board.
Art. 66C, Sec. 429
CARCASSES REGISTRATION; COMPLIANCE WITH
BOARD REGULATIONS
Prohibition against engaging in business of buying, selling or
transporting carcasses of dead animals without registering with
Board and complying with regulations of Board.
An. 66C, Sec. 470K Cum. Supp.
CARCASSES SEIZURE AND CONDEMNATION
Carcasses in violation of law or adulterated may be seized and
condemned by order of courts; destruction; release under bond.
Art. 66C, Sec. 470T Cum. Supp.
CARCASSES ADULTERATED CONDEMNATION AND
DESTRUCTION
All livestock carcasses and meat food products found to be
adulterated shall be condemned and destroyed; appeal.
Art. 66C, Sec. 470F Cum. Supp.
CHARTER COUNTIES
Enumeration of express powers including property protection,
acquisition, condemnation for public purposes; prevent, abate,
remove nuisances, regulate slaughterhouses, all places conducting
offensive trades; enact local laws enabling council control over
waste disposal, soil erosion, natural topography preservation.
Art. 25A, Sec. 5
151
-------
MARYLAND
COMMISSION CHESAPEAKE BAY AFFAIRS
Creation of Commission; composition; appointment and terms of
members; residency requirement; reappointment and vacancies;
expenses; rules of procedure.
Art. 66C, Sees. 6, 8 Cum. Supp.
EMINENT DOMAIN SUSQUEHANNA RIVER BASIN
COMMISSION
Power of Commission to acquire real property by condemnation
proceedings.
Art. 96A, Sec. 74 Cum. Supp.
COUNTY GENERAL POWERS
Control over public roads, regulations to clean, repair, provide for
payment of cost; regulate vehicle parking on highways, notice of
hydrant, trailer camp, sidewalk construction; bounty to destroy
harmful animals and birds. Enumeration of powers including to
prevent and remove nuisances, regulate health measures such as
slaughterhouse location; road and sidewalk construction, re-
construction and maintenance; prescribe plumbing permit
issuance for installing sanitary systems, zoning permits, plumbing,
building, housing code adoption; regulate collection, disposal,
removal of refuse, garbage, rubbish; maintain fund for waterway
improvement projects. Express and additional powers of specific
Maryland counties set forth such as acquire, lease, purchase real
or leasehold property, create advisory committee on natural
resources and community appearance; also to provide, maintain
and operate community services.
Art. 25, Sees. 2, 3, 6-10
COUNTY PROPERTY POWERS
Authority to acquire property by purchase, gift, condemnation for
public purpose, erect buildings, sell, after notice, at public auction;
statutory acquisition, condemnation procedures established.
Art. 25, Sec. HA
DEPARTMENT OF CHESAPEAKE BAY AFFAIRS
CREATION AND POWERS
Creation of Department of Chesapeake Bay Affairs; power over
and regulation of tidal waters.
An. 66C, Sees 6, 13
ENVIRONMENTAL EDUCATION PROGRAM
Resolution to design program of environmental education.
House Jt. Res. No. 26, 1970 Session Laws
FIRE PENALTIES FOR CAUSING
Penalties for maliciously or negligently causing fires in woods,
brush, grass, etc.
Art. 66C, Sees. 352, 353
FIRE PREVENTION POWERS OF COUNTIES
County power to adopt by ordinance or resolution a fire
prevention code to protect against fire, remove fire hazards;
incorporation by reference by national standards authorized;
publication by advertisement, opportunity for hearing for
adoption; inapplicable to municipality which adopted code.
Art. 25, Sec. ll
FIRE PREVENTION POWERS OF MUNICIPALITIES
Municipal power to adopt by ordinance or resolution a fire
prevention code to protect against fire, remove fire hazards;
utilization of national standards by incorporation by reference;
adoption procedure: publication of notice, opportunity for
hearing.
Art. 23A, Sec. 6
FOOD REMOVAL OF WASTE AND REFUSE FROM
PROCESSING PLANTS
Rules and regulations governing removal of waste products and
refuse from canning factories and food processing plants.
Art. 43, Sec. 200
DEPARTMENT OF PUBLIC IMPROVEMENTS
POWERS
Authority of Department over all public improvements including
contracts, plans and specifications.
Art. 78A, Sec. 21 Cum. Supp.
DEPARTMENT OF STATE PLANNING PURPOSES
Creation of State Department of Planning, prepare program for
natural resources.
Art. 88C, See. 1
DEPARTMENT OF WATER RESOURCES CREATION
Creation of Department of Water Resources which has all power
formerly exercised by Water Pollution Control Commission.
Art. 96A, Sec. 1
DEPARTMENT OF WATER RESOURCES POWERS
AND FUNCTIONS
Power of Department to make surveys, investigations, studies and
contracts for research.
Art. 96A, See. 7 Cum. Supp.
152
GARBAGE COLLECTION
State appropriation to capital city as payment for collection of
garbage, ashes and trash from State buildings.
Art. 41, Sec. 139
HEALTH OFFICERS POWERS AND DUTIES
Power of health officer to enforce public health statutes and rules
and regulations of State Board of Health or local board of health.
Art. 43, Sec. 51
HEALTH OFFICERS STATE POWERS AND DUTIES
Right of entry into any workshop, factory, slaughterhouse,
business or private house in pursuit of official duties; report on
condition of streams, sources of public water supply and sewerage
facilities; enforce health statutes and rules and regulations.
Art. 43, Sec. 7 Cum. Supp.
HIGHWAYS DEPOSITING GLASS
Prohibition against throwing trash, junk or refuse on highways or
into waters of State; trucks must be loaded so as to prevent spilling
on highway; penalty.
Art. 66 1/2, Sec. 253 Cum. Supp. and Senate Bill No. 10,
Sees. 11-1111, 1970 Session Laws
-------
MARYLAND
HIGHWAYS REMOVAL OF TRASH AND CARCASSES
OF ANIMALS
Duty of State Road Commission to clear trash and remove trash
and carcasses from State highways.
Art. 89B, Sees. 26, 28
INDUSTRIAL WASTE POLLUTION
Power of State Board of Health to issue order against industrial
wastes polluting waters of State; permits for alternate methods of
disposal.
Art. 43, Sec. 397
INTERSTATE COMMISSION ON POTOMAC RIVER
BASIN
Composition; appointment; terms and compensation; con-
tribution to expenses; compact with other states and D.C.
Art. 43, Sec. 407
JUNK DEALERS LICENSING AND KEEPING OF
BOOKS
Prohibition of operating as junk dealer without license; fee for
license; nonresident junk dealers doing business in State; issue of
licenses, transferability; books to be kept; transportingjunk from
State; penalty; exceptions.
Art. 56, Sees. 234 through 238
JUNKYARDS
County authority to adopt rules for licensing, control, location,
maintenance of junk yards, public or private dumps, automobile
junk yards, outdoor places for storage, dismantling old vehicles,
lots where refuse, trash, junk deposited; standards for regulations;
notice, public hearing prior to adoption; misdemeanor, penalty for
violation; screening or fencing junk yards required in Charles
County.
Art. 25, Sees. 122A, 122B
JUNKYARDS DEFINITIONS
Junk;
Automobile graveyard;
Junk yard;
Scrap metal processing facility;
Interstate system;
Primary system.
Art. 89B, Sec. 240
JUNKYARDS LOCATION NEXT TO HIGHWAYS
Legislative declaration; rules and regulations; license re-
quirement; license fee, term, renewal; restriction as to location;
screening or relocating junk yards; violations; injunction;
penalties.
Art. 89B, Sec. 239
JUNKYARDS SCREENING OF IN CALVERT COUNTY
Duty of owner of junk yard, dump or automobile junk yard within
100 feet of highway to screen premises; penalty.
Art. 25, Sec. 122C Cum. Supp
LANDFILL CLOSING AND COVERING UPON
TERMINATION OF OPERATIONS
Upon termination of landfill operations, owner shall close and
cover all land in manner to prevent erosion, nuisances and
pollution; bond.
Art. 43, Sec. 394B Cum. Supp.
LANDFILL REFUSE DISPOSAL SYSTEM PERMIT
Requirement of public hearings prior to issuance of permit; notice
of application and hearing.
Art. 43, Sec. 394A Cum. Supp.
MANUFACTURERS OF SOFT DRINKS REMOVAL OF
WASTES
Requirement to remove refuse, dirt and waste products daily.
Art. 43, Sec. 164
MARYLAND ENVIRONMENTAL SERVICE CREATION
Creation of Service; officers, membership of Board of Directors,
staff.
Senate Bill No. 382, 1970 Session Laws
MARYLAND ENVIRONMENTAL TRUST CREATION,
POWERS AND DUTIES
Creation of trust; number, education and terms of trustees; power
to sponsor research and education in environment; operating
powers.
Art. 41, Sec. 181 Cum. Supp.
MARYLAND ENVIRONMENTAL TRUST FUNCTIONS
All functions of Governor's Committee to keep Maryland
beautiful transferred to Maryland Environmental Trust, including
education in litter prevention and cleanup projects of citizens.
Art. 41, See. 181W Cum. Supp.
MARYLAND PORT AUTHORITY POWERS
Power to adopt rules and regulations to prevent refuse from being
deposited in navigable waters.
Art. 62B, Sec. 5
MUNICIPAL AUTHORITIES PURPOSE AND POWERS
Powers include acquiring land or property; issue revenue bonds;
to fix and collect rates, fees and charges; to make contracts,
including with Federal agencies or other municipalities, eminent
domain, the right to issue revenue bonds; fix and collect fees for
services; to enter contracts.
Art. 43, Sec. 450
MUNICIPAL AUTHORITIES RIGHT OF ENTRY
Right of entry of employee or agent of municipal authorities upon
any private premises or building within their jurisdiction; restraint
of as misdemeanor.
Art. 43, Sec. 422
MUNICIPALITIES CONTRACTS FOR SEWAGE
DISPOSAL
Authority of municipality to contract with any authority for
collection, treatment or disposal of sewage.
An. 43, Sec. 463
MUNICIPALITIES POWER TO CONTRACT WITH
OTHER AUTHORITIES
Power of municipal authorities to contract with other municipal
authorities or with county, State or Federal authorities with
153
-------
MARYLAND
respect to disposal of sewage or refuse or operation of sewerage or
refuse disposal systems.
Art. 43, Sec. 423
MUNICIPALITIES REGULATION OF REFUSE
DISPOSAL SYSTEMS
Power of municipal authorities to promulgate rules and
regulations for sewerage and refuse disposal systems; penalty for
violation.
Art. 43, Sec. 417
MUNICIPALITIES RIGHT OF ENTRY ONTO
HIGHWAYS TO INSTALL REFUSE DISPOSAL SYSTEM
AND REMOVAL OF OBSTRUCTIONS
Power of municipal authorities to enter on highway for installing,
maintaining or operating a sewerage or refuse disposal system;
removal of obstructions blocking sewerage or refuse disposal
system.
Art. 43, Sees. 419, 420
NUISANCE CECIL COUNTY
Definition of nuisance, including unkept junk yard, excessive
accumulation of trash or garbage, dead animals.
Art. 43, Sec. 104A Cum. Supp.
NUISANCE CONTROL BY STATE BOARD OF
HEALTH
Power of State Board of Health to investigate nuisances and
devise means for their control.
Art. 43, Sec. 33
NUISANCE COURT ORDER UPON REFUSAL TO
ABATE
Court proceedings upon refusal to abate or where nuisance likely
to recur; order of court whose nuisance created by more than one
person, firm or corporation; penalty for refusal to obey order of
court; prosecution; exception in Baltimore City.
Art. 43, Sec. 106-108
NUISANCE ORDERS BY STATE BOARD OF
HEALTH TO ABATE
In case of accumulation of offensive matter certified to State
Board of Health to be a nuisance, the Board to investigate and if
nuisance found, notice to person causing nuisance requiring him
to abate same.
Art. 43, Sec. 105
OYSTER SHELLS DISPOSAL
Shells returned to bed from which taken; penalties.
Art. 66C, Sec. 699
PLANNING ASSISTANCE TO LOCAL AGENCIES
Authority of Department of State Planning to render financial or
other planning assistance to local planning agencies; matching
Federal funds; audits of local agencies.
Art. 88C, Sec. 8
PLANNING COMMISSION STATE
Creation; membership; qualifications; term; vacancies; expenses
of members; meetings.
Art. 88C, Sec. 4
154
POLLUTION WATER DISCHARGE OF WASTES
Prohibition against discharging raw sewage or other wastes into
rivers or tributaries; penalty; oyster and clam shells not deemed
waste.
Art. 66C, Sec. 411AB Cum. Supp., House Bill No. 1151, 1970
Session Laws
POLLUTION WATER PATUXENT RIVER
WATERSHED
Legislative finding that Patuxent River is being polluted by poorly
treated effluent from sewage disposal plants; definition of
Patuxent River watershed.
Art. 66C, Sec. 411V Cum. Supp.
POLLUTION WATER SUSQUEHANNA RIVER
Prohibition against dumping or littering Susquehanna River with
rubbish trash, litter, debris or other waste material.
Art. 96A, Sec. 65 Cum. Supp.
PUBLIC IMPROVEMENT DEFINITION
Definition of public improvement for purposes of subdivision
dealing with Department of Public Improvements.
Art. 78A, Sec. 20 Cum. Supp.
PUBLIC SERVICE COMMISSION JURISDICTION
AND POWERS
Jurisdiction and power of Commission extends to all public
service companies engaged in operating a utility business in State.
Art. 78, Sec. 1
PUBLIC SERVICE COMMISSIONER LAW
DEFINITIONS
Carriers of flammables;
Plant;
Public service company;
Sewage disposal company.
Art. 78, Sec. 2
RADIATION CONTROL WASTE PRODUCTS
Prohibition against permanent storage of waste nuclear materials
in State.
Senate Bill No. 107, 1970 Session Laws
REFUSE DEPOSIT IN WATERS
Chesapeake Bay Affairs Department duty over boats using
Maryland waters, plus clearing waterways of logs, debris, other
navigational detriments; Department enforcement over pro-
hibitory dumping of trash, junk, other refuse upon State waters;
dumper guilty of misdemeanor; penalty.
Art. 14B, Sec. 12
REFUSE DISPOSAL
Prohibition against dumping or throwing trash, junk or refuse on
land of another without consent or on public property; penalty for
violation.
Art. 27, Sec. 468 Cum. Supp.
REFUSE AND GARBAGE FACILITIES POWERS OF
COUNTIES
Acquire, maintain, operate lands for garbage, refuse, rubbish
disposal; construct incinerator or other plant for disposal;
-------
MARYLAND
prescribe rules for operation and use, make agreements for
cooperation, financial support of disposal areas or facilities, fix,
collect fees for use; municipality contracts to dispose of refuse,
garbage in county; make appropriations, borrow funds for land
acquisition and capital improvements.
Art. 25, Sec. 14A
REFUSE DISPOSAL PLANTS PLANS TO BE FILED
WITH STATE BOARD OF HEALTH
Authorities warning refuse disposal plants to file plans with State
Board of Health; power of State Board to request other
information and records.
Art. 43, Sec. 390
REFUSE DISPOSAL SYSTEM ORDER FOR
ALTERATIONS AND EXTENSIONS
Power of State Board of Health to issue order requiring alterations
or extensions in system or plant if conditions cannot be improved
by change in operation.
Art. 43, Sec. 392
REFUSE DISPOSAL SYSTEM POWER OF
MUNICIPALITIES
Power of municipal authorities to establish by purchase or
condemnation sewerage and refuse disposal systems and extend,
alter and maintain such systems.
Art. 43, Sec. 409
REFUSE DISPOSAL SYSTEM TAKE OVER BY
MUNICIPALITIES
Power of municipal authorities to take over by purchase or
condemnation any privately-owned sewerage or refuse disposal
system. Power to disregard existing systems if unfit.
Art. 43, Sec. 418
RIVERS, HARBORS THROWING OBJECTS INTO
Prohibition to cast out of a vessel any ballast, ashes, filth, earth,
soil, oysters, oyster shells into rivers, harbors below high water
mark; penalty upon conviction, appeal; inapplicable to harbor
improvement, wharf construction or riparian proprietors' rights;
enforcement responsibility to State fishery force.
Art. 27, Sees. 482, 483
ROADSIDE SANITARY FACILITIES
Authority of State Roads Commission to acquire strips of land
adjacent to highways for sanitary facilities.
Art. 89B, Sec. 237
SANITARIANS REGISTRATION
Definitions; creation of Board of Sanitarian Registration;
qualifications for registration.
Art. 43, Sec. 725-736 Cum. Supp.
SANITARY FACILITIES FUND PLANNING SOLID
WASTE DISPOSAL FACILITIES
Funds for State Department of Health to finance planning for
solid waste disposal systems and solid waste acceptance facilities.
Art. 43, Sec. 387B Cum. Supp and Senate Bill No. 542, 1970
Session Laws
SCIENCE ADVISORY BOARD WATER POLLUTION
CONTROL
Creation of Board to render available to State water pollution
control programs the scientific capabilities of various State
institutions.
Art. 43, Sec. 718 Cum. Supp.
SCRAP PROCESSOR AND WRECKER LICENSING
License requirement; definitions; application for license; no-
tification of acquisition of vehicles and assessment for vehicles not
destroyed; conveyance of title; records.
Senate Bill No. 10, Sees. 5-201-5-210, 1970 Session Laws
SECRETARY OF HEALTH AND MENTAL HYGIENE
POWERS AND DUTIES
Power to establish policy for environmental services for State; to
promulgate rules and regulations.
Art. 43, Sec. IF Cum. Supp.
SEVERN RIVER WATERSHED WASTE CONTROL
Declaration that Severn River Watershed is being polluted; rules
and regulations as to sewage disposal plants; penalties.
House Bill No. 1173, 1970 Session Laws
SEWAGE DISPOSAL PLAN PATUXENT RIVER
WATERSHED
When sewage disposal plan required; submission; contents;
review and approval; hearing and notice.
Art. 66C, Sec. 411X Cum. Supp.
SEWAGE DISPOSAL PLANTS ANALYSIS OF
STREAM SAMPLES FROM OVERFLOWS
Duty of county health department to take at least one monthly
stream sample at critical point of all sewage disposal plant
overflows.
Art. 66C, Sec. 411AA Cum. Supp.
SEWAGE DISPOSAL PLANTS AUTHORITY OF
SEWAGE COMMISSION
Authority of Sewage Commission to purchase or condemn
property for use of sewage disposal plant.
Art 43, Sec. 666A
SEWAGE DISPOSAL SYSTEM ABANDONMENT
Power of State Board of Health to order abandonment of sewage
disposal plant if prejudicial to health; also power to prevent
construction of sewage disposal system.
Art 43, Sec. 399
SEWAGE DISPOSAL SYSTEM AUTHORITY OF
PUBLIC SERVICE COMMISSION
Requirement of prior authorization of Commission to construct a
sewage disposal system; authority to revoke authorization.
Art. 78, Sec. 24A
SEWAGE OR REFUSE DISPOSAL SYSTEM
INSTALLATION BY STATE BOARD OF HEALTH
Where Board finds waters of State being polluted so as to be
dangerous to health, it may order a public system of sewerage or
refuse disposal to be installed.
Art. 43, Sec. 393
155
-------
MARYLAND
SEWAGE OR REFUSE DISPOSAL SYSTEM ORDER
BY STATE BOARD OF HEALTH WHEN OPERATION
INEFFICIENT
If Board finds sewerage system or refuse disposal works to be
inefficient, it may issue order to person in charge to secure
reasonable operating results; if such results not obtained within
time specified, the Board may appoint a person to take charge of
and operate said systems.
Art. 43, Sec. 391
SEWAGE OR REFUSE DISPOSAL SYSTEMS PERMIT
FROM STATE BOARD OF HEALTH
Requirement of written permit from State Board of Health to
install sewerage or refuse disposal system; approval of plans and
specifications; rules and regulations for submission of plans for
approval.
Art. 43, Sec. 394
SEWERS, LAND, WATER POWERS OF TOWNS
Entry on county public ways to install, repair, operate sanitary
sewerage system, sewage treatment plant, storm water sewers.
Connections to sanitary sewers for abutting property, owners to
connect fixtures; may order removal of cesspools, smkdrains,
privies, polluted wells; charge for connection. Require changes in
plumbing, fixtures, connections to prevent improper use of sewage
disposal system. Prohibit, by ordinance, private systems if adverse
to public health. Right of entry, at reasonable hours, for access to
sewer systems. Prohibition to pollute town water supply system.
Town contracts with parties to provide for sewage removal.
Exceptions are towns in sanitary district or special tax area.
Art. 23B, Sec. 81-91
SHELLFISH QUARANTINE
Rules and regulations authorized to protect State shellfish;
penalties for violation.
Art. 66C, Sec. 13D
SIDEWALKS POWERS OF TOWNS
Establish grade lines; sidewalk construction materials; alter
sidewalks; require abutting property owners to clear ice, snow,
other obstructions; failure of property owner to comply; work
performance by town; lien on property.
Art. 23B, Sec. 77
SNOW REMOVAL IN GARRET COUNTY
Prohibition against blocking entrances of residences or businesses
in the process of clearing snow from highways.
Art. 89B, Sec. 27
SOLID WASTE DISPOSAL SYSTEMS COUNTY
Definitions of solid wastes, solid waste disposal system, and solid
waste acceptance facility; adoption of county plans; regulations;
appeal from disapproval of county plan; studies; surveys;
approval of plans.
Art. 43, Sec. 387C Cum. Supp.
SOLID WASTE DISPOSAL SYSTEMS SANITARY
DISTRICTS
Definitions of Solid Waste Disposal System, Solid Waste and
Solid Waste Acceptance Facility; power to exercise eminent
156
domain; enter into contracts; bonds; planning; hearings; charges
for services.
7970 Session Laws, Ch. 248
Art. 43, Sees. 645-668, Senate Bill No. 541, 1970 Session Laws
SOLID WASTES TRANSPORTATION
Funds for dredging of Back River for transportation of solid
wastes; sale of certificates.
Senate Bill No. 367, 1970 Session Laws
SPOIL MATERIAL DUMPING OFF KENT ISLAND
Resolution that Board of Public Works is urged to ban disposal of
contaminated spoil material in Kent Island Spoil Disposal Area
and to ban overboard dumping materials in such area.
House Joint Resolution No. 83, 1970 Session Laws
SUSQUEHANNA RIVER BASIN COMPACT
I. Title, Purposes, and Limitations;
II. Organization and Area;
III. Powers and Duties of Commission;
IV. Water Supply;
V. Water Quality Management and Control;
VI. Flood Protection;
VII. Watershed Management;
VIII. Recreation;
IX. Other Public Values;
X. Hydroelectric Power;
XIV. Plan, Program and Budgets.
Art. 96A, Sees. 59-73 Cum. Supp.
SUSQUEHANNA RIVER BASIN COMPACT
DEFINITIONS
Basin;
Facility;
Project;
Waters;
Water resources.
Art. 96A, Sec. 60 Cum. Supp.
TOWN PROPERTY
Town authority to acquire, possess and dispose of property for
public purposes; power to condemn property, public purpose
construed, statutory procedure established; acquire, obtain,
construct buildings and structures for government operation;
protect town property.
Art. 23B, Sees. 94-97
TRAINS THROWING GLASS FROM
Prohibition to throw from or at moving '.rain bottle, article of
glass, wood, metal, stone; penalty prescribed.
Art. 27, Sees. 458, 459
VEHICLES ABANDONED
Carroll County power to regulate public roads concerning
abandoned vehicles thereon; penalty prescribed.
Art. 25, Sec. 10B
VEHICLES SCRAPPING
Requirement of cancelling registration card of scrapped vehicle.
Senate Bill No. 10 1970 Session Laws
-------
MARYLAND
VEHICLES MOTOR ABANDONED
Definitions of abandoned motor vehicle, scrap processor, and
wrecker; authority of police to take abandoned vehicles into
custody; notice; sale; certificate of authority to sell vehicle to
wrecker; duties of wreckers or scrap processors; penalty for
abandoning vehicle; refusal, revocation or suspension of license of
wrecker or scrap processor; maximum density for storage by
wrecker.
Art. 66 1/2, Sec. 71 Cum. Supp.
WASHINGTON SUBURBAN SANITARY COMMISSION
Power of State and local authorities to contract with Commission
for disposal of sewage.
Art. 43, Sec. 674
WATER OR ICE DANGEROUS SOURCE
Authority of State Board of Health to order source of water or ice
supply closed if dangerous to health, or when refuse disposal is
prejudicial to health, the Board may order condemned.
Art. 43, Sec. 398
WATER POLLUTION CONTROL DISPOSAL OF
WASTES FROM MARINAS AND WATERCRAFT
Duty of State Department of Health to prepare report
recommending policies and regulations controlling disposal of
wastes from marinas and watercraft.
Art. 43, Sec. 721 Cum. Supp.
WATER POLLUTION CONTROL PROGRAM BY
DEPARTMENT OF WATER RESOURCES
Duty of Department to prepare a program for conservation and
development of waters of State.
Art. 96A, Sec 6
WATER POLLUTION CONTROL STUDIES, SURVEYS
AND INVESTIGATIONS
Authority of Department of Water Resources and State
Department of Health to conduct studies, surveys, investigations
and engage consultants.
Art. 96A, Sec. 79 Cum. Supp
WATER POLLUTION CONTROL PROGRAM
REPORTS CONCERNING
Joint report by State Health Department and Department of
Water Resources to Governor and General Assembly on water
quality monitoring, data processing and labortory services, and
measures to control water pollution caused by silt and industrial
waste.
Art. 96A, Sees. 75, 76 Cum. Supp.
WATER QUALITY ACT DEFINITIONS
Pollution;
Wastes;
Treatment works;
Disposal system;
Waters of the State;
Person.
House Bill No. 882, 1970 Session Laws
WATER RESOURCES DEFINITIONS
Department;
Director;
Commission;
Person;
Pollution;
Waters of the State;
Secretary;
Board of Review;
Principal Department.
Art. 96A, Sec. 2, and Art. 96A, Sec. 2 Cum. Supp.
WATER RESOURCES COMMISSION
Creation; composition; meetings; powers and duties.
Art. 96A, Sees. 4-7 Cum. Supp.
WATER SUPPLY SOURCES POLLUTION
Prohibition to place dead animal, carcass, part thereof, decayed
animal or vegetable matter into water source used for drinking or
domestic purposes; or permit sewage, washings, offensive matter
from privy, cesspool, trades establishment to flow therein; penalty
prescribed.
Art. 27, Sec. 583
WATERWAYS IMPROVEMENT DISTRICTS
Establish and designate areas for districts by governing body,
subject to report by Chesapeake Bay Affairs Department;
governing body as district council, powers and duties; department
responsible for administrative duties including use of funds for
clearing debris, aquatic vegetation, navigable waters.
Art. 14B, Sees. 12B, 12F
WATERWORKS CERTIFICATION FOR
SUPERINTENDENTS DEFINITIONS
Waterworks;
Waste-water works;
Industrial waste-water works;
Responsible charge;
Superintendent.
Art. 43, Sec 406A Cum. Supp.
ZONING POWER OF MUNICIPALITIES
Authority of municipalities to regulate location and use of
buildings and land.
Art. 66B, Sec. 1
157
-------
MASSACHUSETTS
AIR AND WATER QUALITY RIGHT OF THE
PEOPLE
Declaration; power of eminent domain; use of such land for other
purposes.
House Bill No. 3875, 1970 Session Laws
AIR POLLUTION CONTROL DISTRICT
ESTABLISHMENT
Procedure; composition of districts; joint applications; powers,
rights, duties; power to adopt air quality standards.
Ill, S.142C, 111, S. 142D Cum. Supp.
AIR POLLUTION CONTROL DISTRICT
METROPOLITAN
Establishment of; rules and regulations; inspections; power to
abate pollution; limitations; air sampling stations, etc.; ap-
propriations.
Ill, S.142B
AIR POLLUTION EMERGENCY PROCEDURE
DURING
Declaration by Commissioner of Public Health; emergency plan;
powers of Commissioner; advisory council on air pollution
established; enforcement of emergency orders; appeals to
emergency orders; hearings; definitions,
111, S. 2B Cum. Supp
AIR POLLUTION OF DEPARTMENT OF PUBLIC
HEALTH COOPERATION WITH RESOURCES OF
AIR GOVERNMENT AGENCIES
Cease and desist orders; hearings; injunctions.
Ill, S.142B
ALGAE, WEEDS AND AQUATIC NUISANCES
CONTROL
Department of Health to control; hearing; survey, and cost
estimate required.
Ill, S.5F
ATMOSPHERIC POLLUTION CONTROL
Authorization to control; adopting of rules for control; hearings
on rules; Department of Health to advise; violations, punishment.
Ill, S.31C
ATMOSPHERIC POLLUTION REGULATIONS
AMENDING
Amending regulations; compliance with amended regulations;
hearings, enforcement.
/U S.142A
BEES DISEASED TREATMENT AND DESTRUCTION
Regulated; reimbursement.
128, S.34
BILLBOARDS ABATEMENT AND REMOVAL
Permit required; violation a nuisance.
93, S.30A
BODIES DEAD REMOVAL OF CONSTITUTING
MENACE TO HEALTH
Court may order interment.
114, S.43I
BODIES DEAD TRANSPORTATION OF INFECTED
Permit required; preparation of body; rules; burial requirements
specified.
Ill, S.107
BODIES DEAD OR REMAINS PERMANENT
DISPOSITION
Burial requirements specified.
114, S.43M
BUILDING BURNED OR DANGEROUS DISPOSITION
Notice to owner; hearing; orders.
139, S.I, House Bill No. 1496, 1970 Session Laws.
BUILDING DEMOLISHED OR REMOVED SITES
Board of Health may regulate leveling and filling.
Ill, S.128A
BUILDING TO BE PULLED DOWN AUTHORITY TO
ORDER
Three or more municipal officers must be present.
48, S.3
BURIAL BODIES BROUGHT INTO
COMMONWEALTH
Procedure if there is a removal permit from State from which body
removed; procedure if no permit; issuance of burial permit;
records.
114, S.46, 114, S.46 Cum. Supp.
BURIAL BODIES OF VETERANS
Procedure for permit; records.
114, S.46 A
159
-------
MASSACHUSETTS
BURIAL CERTIFICATES
Required; records.
114, S.47
FOXES, RODENTS CONTROL
Authority for commissioner to control; right of entry.
128, S.8A
BURIAL HUMAN ASHES
Burial permit and certificate of medical examiner required.
114, S.48
BURIAL PERMITS
Required.
114, S.45
BUSHES AND SMALL TREES CUTTING
Hearing required; size limitation; not applicable to trees on
highways or interfering with suppression of pests.
87, S.5
CESSPOOLS PRIVIES AND SEPTIC TANKS
CONTENTS
Approval of Department of Health required; charges for use;
investigations, recommendations; orders by department; service
by private company; joint action by municipalities.
//;, S.31D 1969 Cum. Supp.
COASTAL WATERS REMOVAL, FILLING, DREDGING
IN CERTAIN BORDERING AREAS
Prohibited without prior notice; hearing required.
130. S.27A 1969 Cum. Supp.
CREMATION REGULATION
Time limit after death; certificates required.
114, S.44
DANGEROUS STRUCTURES REMOVAL OR REPAIR
Authorization.
143, S.I4
DREDGED MATERIAL TRANSPORTATION AND
DUMPING INTO TIDAL WATERS
Supervision by department; payment of supervision costs.
91, S.52, 91, S.52 1968 Cum. Supp.
DREDGING FILLING AND REMOVAL OF CERTAIN
AREAS BORDERING ON COASTAL WATERS
Prohibited without written notice; hearing; violations, penalties;
exceptions.
130, S.27A, 130, S.27A 1969 Cum. Supp.
DUMPING IN TIDE WATERS SUPERVISION
Required; payment of supervision costs.
91, S.54
GARBAGE PERMIT FOR REMOVAL AND
TRANSPORTATION
Application; exceptions.
Ill, S.31A
GARBAGE AND REFUSE DISPOSAL ON HIGHWAYS,
PRIVATE PROPERTY OR IN WATERS
Penalties.
270, S.16
GARBAGE REMOVAL RULES AND REGULATIONS
Authority of boards of health to make; penalties for violations.
;//, S.31B
GARBAGE-FEEDING TO ANIMALS OTHER THAN
SWINE
Fine; imprisonment.
270, S.9
GATES AND BARS REMOVAL
Removal permitted; exceptions.
86, S.5
GLASS THROWING IN STREETS
Penalty.
265, S.32
HOGS INFECTED WITH CHOLERA DISPOSITION
Quaratine; appraisal; slaughter; disposal of carcasses; reim-
bursement; no reimbursement if owner willfully contributed to
spread of disease.
729, S.14C 1968 Cum. Supp.
HORSES KILLING AND RENDERING
License required; application; violations, penalties.
Ill, S.154 Cum. Supp.
HORSES OWNED BY CITIES OR TOWNS
DISPOSITION
May be sold to Red Acre Farm; proceeds of sale.
133, S.4
INDUSTRIAL WASTE WATER POLLUTION
ABATEMENT PROGRAM
Loans to businesses for abatement facilities; qualifications for
loan; interest; appropriation.
Senate Bill No. 1545, 1970 Session Laws
EMINENT DOMAIN PROCEDURE
Board of officers; order of taking trees on land.
79, S.I, 45, S.20
FLOATING STRUCTURES BREAKING UP AND
DISPOSAL
License required if within harbor limits.
91, S.46
160
JUNK, JUNKYARDS DEFINITION
Definition.
140B, S.I Cum. Supp.
JUNKYARDS ACQUISITION OF LAND FOR
REMOVAL OR SCREENING
Authorization.
140B, S.4 Cum. Supp.
-------
MASSACHUSETTS
JUNKYARDS OPERATION NEAR HIGHWAY
Exceptions.
140B, S.2 Cum. Supp.
JUNKYARDS SCREENING
Authority to adopt rules governing.
J40B, S.3 Cum. Supp.
JUNKYARDS NONCONFORMING DEEMED A
NUISANCE
Abatement by injunction.
140B, 5.7 Cum. Supp.
LAND TAKING OR PURCHASE BY MUNICIPALITY
Authorization by City Council and appropriation required.
40, S.I4
LAND OR EASEMENTS ABANDONED DISPOSITION
Procedure; cost; not applicable to land acquired by eminent
domain; exceptions.
40, S.15
MOTOR VEHICLE ABANDONED DISPOSAL
Procedure; vehicles worth less than cost of disposition; vehicles
worth more than cost of disposition.
90, S.22C
NOISE AND AIR POLLUTION INVESTIGATION
Logan International Airport.
House Bill 5965, 1970 Session Laws
NUISANCE ABATEMENT BY BOARD OF HEALTH
Hearing; damages; assessments.
;//, S.136
NUISANCE CERTAIN LAND
Wet, rotten, covered with stagnant water; petition and hearing;
abatement.
Ill, S.132
NUISANCE REMOVAL UPON CONVICTION OF
OWNER
Authorization; owner's expense.
///, S.129
OBSTRUCTIONS CLEARING OF NEAR STATE
HIGHWAYS
Power of removal by the department; right of owner to possession
of removed material.
81, S.I4
OIL DISCHARGE INTO OR ON CERTAIN WATERS
AND FLATS
Penalties; exceptions; enforcement.
91, S.59 Cum. Supp.
OIL OR OTHER POISONOUS SUBSTANCES
DISCHARGE
Penalties; exceptions.
130, S.23
POISONOUS SUBSTANCES DISPOSAL OF
CONTAINERS
Authority to make rules concerning, including penalties.
/7/, S.8A
POLLUTION PREVENTION OF IN CHARLES RIVER
BASIN
Power of commission to order removal of sewage and factory
waste.
92, S.76
POLLUTION PROTECTION OF CHARLES RIVER BY
DEPARTMENT OF PUBLIC HEALTH
Orders to prohibit discharge of sewage, etc.; consultation with
owner of offending establishment on abatement; violation of
orders to abate; punishment.
///, S.175
POLLUTION REMOVAL OF CAUSES
Petition by officials to abate; hearing; normal agricultural
processes excluded; expenses of changes required.
Ill, S.162
POLLUTION WATER FROM WORKS
Examination by Department of Public Health; abatement orders.
83, S.7
POLLUTION WATER SUPPLY INJUNCTION
Authorization.
///, S.169
POLLUTION WATER ABATEMENT FACILITIES
REQUIRED BY STATE
Notice of violation; hearing; rules governing operation of
abatement facilities; judicial review.
Senate Bill 1284, 1970 Session Laws
REFUSE REGULATION OF TRANSPORTATION OF
AND INCINERATORS FOR
Authority to construct incinerators, location; cost of incinerators;
covering of vehicles required.
92, S.9A
REFUSE DISPOSAL DISTRICT COMMITTEE REGIONAL
Application of Certain Sections of Chapter 44.
40, S.44K
REFUSE DISPOSAL DISTRICT COMMITTEE REGIONAL
AUDIT OF ACCOUNTS
Audit; costs.
40, 5.441
REFUSE DISPOSAL DISTRICT COMMITTEE REGIONAL
OFFICERS
Chairman, Treasurer, Secretary.
40, S.44G
REFUSE DISPOSAL DISTRICT COMMITTEE REGIONAL
PAYMENT BY CITIES AND TOWNS
Budget; apportionment; indebtedness limit.
40, S.44H
161
-------
MASSACHUSETTS
REFUSE DISPOSAL DISTRICT COMMITTEE REGIONAL
SALE, LEASE OF PROPERTY BY MUNICIPALITY
Authorization; regulations of sale and lease.
40, S.44J
REFUSE DISPOSAL DISTRICT REGIONAL
ESTABLISHMENT
Powers and duties.
40, S. 44F, 44C
REFUSE DISPOSAL FACILITIES REGULATION OF
SITES
Definitions; hearing required; appeals; approval of plans;
operating standards; violations of regulations, penalties.
Ill, S.150A
REFUSE DISPOSAL PLANNING BOARD REGIONAL
Reports and recommendations.
40, S.44D
REFUSE DISPOSAL PLANNING BOARD REGIONAL
DUTIES, EXPENSES
Study and plan; definitions.
40, S.44B
REFUSE DISPOSAL PLANNING COMMITTEE
REGIONAL CREATION
Vote of council or town required.
40, S.44A Cum. Supp.
SNOW REMOVAL
Municipalities may regulate; penalties.
85, S.5
SNOW AND ICE REMOVAL BY MUNICIPALITY
Appropriation of money for removal.
40, 5.7
SNOW AND ICE REMOVAL FROM PRIVATE WAYS
OPEN TO PUBLIC
Responsibility of municipality.
40, S.6C
SNOW AND ICE REMOVAL FROM STATE
HIGHWAYS
The responsibility of Commonwealth.
81, S.19
SOLID WASTE STUDY OF REUSE
Study commission established.
Senate Bill No. 963, 1970 Session Laws
SOLID WASTE DISPOSAL FACILITIES OPERATION
BY CITY OF MALDEN
Authorization; financing; indebtedness; leases; contracts.
Senate Bill No. 1592, 1970 Session Laws
STRUCTURES UNUSED REMOVAL
City officers may remove.
86, 5.7
REFUSE, HOUSEHOLD OR COMMERCIAL
DISPOSAL IN HIGHWAY TRASH BARRELS
Penalty.
270, 5.77
SEWAGE DISCHARGE INTO COASTAL WATERS
Exceptions for approved drainage.
730, 5.25
SEWAGE DISPOSAL BOARD OF HEALTH TO
CONSULT WITH MUNICIPALITIES
Board also to consult with businesses on sewage disposal;
approval of disposal systems required; definitions: "drainage",
"sewage."
C.777 5.77
SEWAGE DISPOSAL FACILITIES ESTABLISHMENT
BY A MUNICIPALITY
Department approval; public hearing.
83, 5.6
SLAUGHTERHOUSES PERMISSION TO OPERATE
Exceptions.
777, 5.757
SWINE FEEDING GARBAGE
Definitions; permits; fees; revocation of permits because of
violation; treating of garbage; inspections; right of entry to
inspect; records.
729, S.14B
TRASH CLEARING LAND OF BY UTILITIES
COMPANIES
Removal specified.
48, S.I8
TRASH CLEARING OF ENFORCED BY FOREST
WARDENS
Inspection of lumber operations, utilities companies' transmission
lines.
48, S.19
TRASH CLEARING OF REQUIRED
Owners of land must clear; not including electric, telephone and
telegraph companies.
48, S.I6
TRASH CLEARING WAYS OF
Removal required.
48, S.I7
SNOW ASSESSMENT FOR REMOVAL
Municipality may assess.
55, 5.6
162
VEHICLES ABANDONING
Misdemeanor.
90, S.22B
-------
MASSACHUSETTS
VEHICLES CONSTRUCTION OF TO PREVENT
DROPPING OF CONTENTS
Penalties.
85, S.36
VEHICLES REMOVAL OF WHEN INTERFERING
WITH REMOVAL OF SNOW AND ICE
Authorization.
85, S.2A
VEHICLES TOWING OF FROM STATE HIGHWAYS
AUTHORIZED
Exceptions; liability.
55, S.2C
VESSEL OBSTRUCTING DRAW REMOVAL
Authorization; costs of removal.
85, S.29
VESSELS REMOVAL OF BY STATE AFTER NOTICE
TO OWNER
Costs of removal.
91, S.41
VESSELS OLD DISPOSAL OF IN CHARLES RIVER
BASIN
Power of Commission to remove.
92, S.73
VESSELS WILLFULLY SUNK REMOVAL OF
LIABILITY FOR
Liability specified; costs; claims for contribution.
91, S.42
Water SUPPLY WILLFULLY CORRUPTING
Penalties; no warrant needed to detain offenders.
Ill, S.171
WASTE HAZARDOUS DISPOSAL OF REGULATED
Board established to regulate; hazardous substances must be
specified; handling procedure; disposal location; exceptions; fees;
license required; violations; penalties.
Senate Bill No. 1342, 1970 Session Laws
WASTE MATERIAL DISCHARGE OF INTO CERTAIN
INLAND WATERS
Notice of pollution to Commissioner of Public Health; hearing;
orders; appeals; violations; penalties.
131, S.28
WATER DEFILEMENT OF SOURCE
Penalties.
//;, s.no
WATER DIVERSION, POLLUTION, WASTE OF AND
INJURY TO PROPERTY
Metropolitan water supply.
92, S.I8
WATER WILLFULLY POLLUTING OR DIVERTING
Damages; penalties.
40, S.39G
WATER DELETERIOUS DISCHARGE OF INTO
COASTAL WATERS
Notice by commissioner of Department of Public Health; hearing;
orders; appeals; penalty for violations.
130, S.22
WATER POLLUTION CONTROL FINANCIAL
ASSISTANCE
Appropriation; financing.
Senate Bill No. 1546, 1970 Session Laws
WRECKS REMOVAL OF FROM CHARLES RIVER
BASIN
Power of Commission to remove.
92, S.72
WRECKS IN TIDAL WATERS REMOVAL
Authorization; not including Charles River Basin.
91, S.39
WRECKS ON SHORES REMOVAL
Authorization; not including Charles River Basin.
91, S.38
163
-------
-------
MICHIGAN
ANIMALS INFECTED
When any livestock shall be appraised and killed by order of
commissioner, he shall issue to owner of stock so killed certificate
showing number and kind of animals killed, and amount to which
owner is entitled. When in opinion of commissioner it shall be
necessary to prevent further spread of any contagious or infectious
disease among live stock of State, to destroy affected animals, he
shall cause such animals to be killed and carcasses disposed of.
Sees. 12-377, 12-375
ANIMALS DEAD LICENSE FOR DISPOSAL
Any person engaging in business of transporting bodies of dead
animals or of disposing of such bodies, shall first procure from
State Department of Agriculture a license.
Sec. 12-581
ANIMALS DEAD TRANSPORTATION AND
DISPOSAL
No person, except one holding a license shall either haul or
transport, or dispose of to any person, the bodies of any dead
animals.
Sec. 12-582(1)
ANIMALS DOMESTIC INFECTED
If domestic animal is affected with contagious or infectious disease
of malignant character, local board of health shall immediately
establish temporary quarantine to prevent spread of disease. No
person having in his possession any domestic animal affected with
any contagious, infectious or communicable disease shall permit
the same to run at large, nor shall any person sell, ship, drive,
trade, or give away any such diseased animal.
Sees. 12-374, 12-379
BODIES DEAD DISPOSAL
Unclaimed dead bodies received for educational purposes shall be
disposed of in accordance with rules and regulations adopted by
anatomy committee.
Sec. 14-513(9) 1969 Cum. Supp.
BODIES DEAD DISPOSAL AFTER AUTOPSY
Upon completion of autopsy, dead body shall be treated and
disposed of in same manner as any other unclaimed dead body.
Sec. 14-522 1969 Cum. Supp.
BODIES DEAD UNLAWFUL DISPOSAL
Every person who unlawfully disposes, uses or sells body of
unclaimed dead person is guilty of misdeameanor.
Sec. 14-513(12) 1969 Cum. Supp.
BRUSH REMOVAL
Owners of lands in State shall trim all hedges. Trimmings or brush
from such hedges shall not be left lying within limits of highway.
Sec. 9-525
BUILDING DEMOLITION TO ARREST FIRE
Engineer in charge of any fire may cause any building to be pulled
down or destroyed in order to arrest progress of fire.
Sec. 5-1928
BUILDING RAZING
Commissioner shall determine to what extent buildings should be
repaired or whether same should be razed and completely
removed.
Sec. 4-559(9) 1969 Cum. Supp.
BUILDING RAZING AUTHORIZED
Fire chief may cause any building to be pulled down or destroyed,
when deemed necessary in order to arrest progress of fire.
Sec. 5-1407
CARCASSES INSPECTION AND DISPOSITION
Carcasses found to be unsound, diseased or otherwise unfit for
human consumption shall be condemned and conspicuously
identified and disposed of.
Sec. 12-844(6)
CATTLE INFECTED WITH BANG'S DISEASE OR
TUBERCULOSIS
Commissioner shall direct killing of cattle infected with
tuberculosis or Bang's disease.
Sec. 12-384
DREDGING NOTICE
Public agency having authority to dredge in lake or stream shall
notify department before work is commenced.
Sec. 11-462 1969 Cum. Supp.
EGGS UNFIT
No person shall sell eggs unfit for human consumption.
Sec. 12-985(22)
EMINENT DOMAIN
Board of supervisors of any county are authorized to take private
property for uses and purposes specified in this act. Com-
missioners may purchase, accept by gift or devise or condemn
private property.
Sees. 11-287, 5-2148(9)
165
-------
MICHIGAN
EXPLOSIVES TRANSPORTATION
Any person transporting explosives upon a highway shall at all
times carry at least 2 fire extinguishers, and vehicle shall be
marked explosives.
Sec. 9-2414
HIGHWAYS, DRAINS, STREAMS OBSTRUCTIONS
Whoever willfully obstructs any river or stream, declared public
highway, or obstructs any highway or drainage ditch shall forfeit
for every offense sum not exceeding $25.
Sec. 9-334
FIRE CLEARING OF LAND
Any person violating provisions relating to clearing of land by fire
shall be guilty of felony.
Sec. 28-274
GARBAGE AND REFUSE DISPOSAL
Garbage and rubbish shall be disposed of in manner not to create
a nuisance or a menace to health.
Sec. 5-278(96)
GARBAGE DISPOSAL MUNICIPALITIES
Any 2 or more cities, villages or townships may incorporate
authority for purpose of collection, or disposal of garbage or
rubbish.
Sec. 5-2725(1)
GARBAGE DISPOSAL EQUIPMENT SYSTEM
Any city or village may provide for garbage disposal equipment
system to acquire, purchase, lease, install, replace or repair
garbage disposal equipment.
Sec. 5-2726(2)
HUMAN REMAINS DISINTERMENT
Cemetery authority shall not remove interred remains without
permit from local health officer.
House Bill No. 4689, 1970 Session Laws
ICE AND SNOW REMOVAL
Council shall have power to require owners and occupants of any
lot or premises to remove all snow and ice from sidewalks.
Sec. 5-1293
LITTERING
It is unlawful for any person knowingly to dump, deposit, place,
throw or leave litter on any public or private property or waters
other than property designated and set aside for such purposes.
Sec. 28-603(1) Cum. Supp.
LIVESTOCK TUBERCULOSIS
All testing for tuberculosis in live stock shall be performed under
direction of State Department of Agriculture.
Sec. 12-461
GARBAGE DISPOSAL PLANTS
Cities have power to prevent other municipalities from main-
taining garbage disposal plants within corporate limits of such
cities. Public or municipal corporation must obtain permit for
construction of garbage disposal plants. City council shall have
power to establish and maintain garbage systems or plants for
collection and disposal of garbage.
Sees. 5-2681, 5-2693
GARBAGE FEEDING TO SWINE
All garbage shall before being fed to swine be thoroughly heated
to at least 212 degrees Fahrenheit for at least 30 minutes.
Sec. 12-483(5)
GARBAGE FEEDING TO SWINE INSPECTION
Any authorized representative of Michigan Department of
Agriculture shall have authority to enter any private or public
property for purpose of inspecting and investigating conditions
relating to treating of garbage to be fed to swine.
Sec. 12-483(6)
GARBAGE FEEDING TO SWINE LICENSE
No person shall feed garbage to swine without first securing
license.
Sec. 12-483(2)
LOGS REMOVAL
Whenever logs shall be drifted upon banks or shores of waters of
State, owner of such logs may at any time within eighteen months
remove same upon paying or tendering to owner or occupant
reasonable damages.
Sec. 18-260
NUISANCE ABATEMENT
If as a result of neglect a nuisance is not abated and expense is
therefore incurred by city, such expenses may be recovered from
neglecting party. Director shall determine nuisances as defined in
section 18 and see to their eradication. Municipal council may
remove or abate all nuisances dangerous to life or health within
the city.
Sees. 5-1758, 5-1760, 12-220 1969 Cum. Supp.
NUISANCE ABATEMENT AND PREVENTION
Municipal council has power to prevent and remove or abate all
nuisances dangerous to life or health.
Sec. 5-1332
NUISANCE BLACK CURRANT
Cultivated black currant is declared a public nuisance.
Sec. 12-274
GRASSHOPPERS EXTERMINATION
Whenever any scourge of grasshoppers or other similar pests
occurs, board of supervisors of any county is authorized to
appropriate money for extermination of such pests.
Sec. 12-291
166
NUISANCE BOX ELDERS
Female box elder trees are a public nuisance, and legislative body
of any township, village or city may provide for destruction of
such trees.
Sec. 12-270(1)
-------
MICHIGAN
NUISANCE DECLARATION
Any building, plant or work erected, constructed or carried on in
violation of any provisions of this act is declared a nuisance.
Sec. 5-2694
NUISANCE FIRE HAZARD
Failure to abate fire hazard is a nuisance.
Sec. 4-559(16)
NUISANCE GENERAL POWERS OF CITY
CORPORATIONS
1) To prevent injury or annoyance from anything dangerous,
offensive, or unhealthy; to prohibit and remove anything tending
to cause or promote disease; to prevent and abate nuisances, and
to punish those occasioning them, or neglecting or refusing to
abate, discontinue or remove the same.
2) Compel owners of offensive, nauseous, or unwholesome place
or house, to dense, remove or abate same for health, comfort, or
convenience of inhabitants of city.
Sec. 5-1740
NUISANCE INFECTION
Whenever any nuisance, source of filth, or cause of sickness, shall
be found on private property, board of health shall order owner to
remove same within 24 hours or forfeit $100.
Sec. 14-69
NUISANCE PROHIBITED STRUCTURES
Every building or structure in violation of any ordinance or
regulation made for prevention of fires is declared to be a
nuisance.
Sec. 5-1926
NUISANCE SLAUGHTERHOUSE
Any person in charge of any slaughterhouse, slaughter-yard or
slaughter-pen who shall dispose of any offal, heads, horns, hides or
other portions of any dead animals in such manner as to be a
nuisance shall be guilty of misdemeanor.
Sec. 28-802
OBSTRUCTIONS REMOVAL
Whenever any person shall obstruct any established drain,
commissioner shall cause such obstruction to be removed. In case
any saw logs, cordwood, or other loose obstruction shall be upon
any highway, commissioner may notify owner to remove same
within 2 days. Commissioner shall have power to provide for
removal of any booms, rafts, logs or other obstruction.
Sees. 11-1421, 9-260, 9-1175
PLANTS DESTRUCTION
Any white pines, currants or gooseberries found to be infected
with white pine blister rust are declared a public nuisance.
Sec. 12-273
PLANTS DESTRUCTION OF BLISTER RUST
Commissioner shall designate white pine blister rust control areas.
Landowners within such designated areas shall carry out such
control measures as ordered by commissioner.
Sec. 12-275
POISON SEIZURE
Director is authorized to seize all economic poisons or devices
kept for sale, exposed for sale, distributed, or held in possession
which are contrary to provisions of this act.
Sec. 12-352(10)
POLLUTION THERMAL
Resolution creating special House Committee to study thermal
pollution.
House Resolution No. 440, 1970 Session Laws
POLLUTION AIR NOTICE TO DISCONTINUE
When commissioner finds that any person is discharging into the
atmosphere any air contaminant constituting danger to health of
people, he may notify such person to discontinue pollution
immediately.
Sec. 14-58 (14)
REFUSE DISPOSAL
No person shall dispose of refuse at any place except licensed
disposal area.
Sec. 14-435(2) 1969 Cum. Supp.
REFUSE DISPOSAL FROM HOUSEHOLD
Person may not dispose of refuse from his household in such a
manner as to create nuisance.
House Bill No. 2982, 1970 Session Laws
SEWAGE DISCHARGE INTO DRAINS
It is unlawful to discharge into any county drain any sewage or
waste matter capable of producing detrimental deposits,
objectional odor nuisance, injury to drainage conduits or
structures, or such pollution of waters of state receiving flow from
drains as to injure livestock, destroy fish life or be injurious to
public health.
Sec. 11-1423
SEWAGE DISPOSAL FROM TRAILERS
Methods and facilities for collection, treatment and disposal of
sewage or other water carried wastes from trailers shall be of such
a nature as not to create unlawful pollution of waters of State, a
menace to health or condition of nuisance.
Sec. 5-278(87)
SEWAGE DISPOSAL PLANTS
Every city and village is authorized to construct, operate and
maintain works for treatment, purification and disposal of sewage.
Sec. 5-2701
SEWAGE DISPOSAL SYSTEM
Any city or village is authorized to acquire, construct, operate and
maintain intercepting sewers, including plants for treatment,
purification and disposal of liquid and solid wastes, sewage, night
soil and garbage.
Sec. 5-2661
SEWAGE DISPOSAL SYSTEM ACQUISITION BY
CITY
City may acquire by purchase water supply system and/or sewage
disposal system owned by metropolitan district.
Sec. 5-2534(2)
167
-------
MICHIGAN
SEWERS CITY COUNCIL
City council shall have power to regulate construction, repair and
use of vaults, cisterns, areas, hydrants, pumps, sewers and gutters.
Sec. 5-1740
SEWERS CONSTRUCTION AND CONDEMNATION
City council may establish, construct and maintain sewers and
drains as they may deem proper for drainage of city, and private
property may be taken for such public use.
Sec. 5-1788
SNOW AND ICE REMOVAL
Council shall have power to cause owners of any premises to
remove all snow and ice from sidewalks.
Sec. 5-1822
STREAM REMOVAL OF OBSTRUCTION
If any person shall put into any lake, river, creek or stream, any
logs, lumber, timber, cedar poles or other forest products and shall
not make adequate provisions for breakingjams, it shall be lawful
for any other person to cause such jams to be broken.
Sec. 18-231
STREET COMMISSIONER DUTIES
Street commissioner shall perform repairs and improvements upon
highways, streets, sidewalks, alleys, bridges, reservoirs, drains,
culverts, sewers, public grounds and parks within city as council
shall direct.
Sec. 5-1679
TREES INFECTED, INFESTED AND ABANDONED
Commissioner of Agriculture has authority to examine trees,
shrubs, vines, and plants for presence of destructive insects or
diseases; if found, he may take necessary steps to eradicate them.
Any neglected or abandoned trees, vines, shrubs, plants or parts
thereof, which constitute a menace to the county are declared to
be public nuisances.
Sees. 12-263(3), (5)
TREES REMOVAL FROM HIGHWAY
If any trees shall fall from any occupied land into any highway,
any person may give notice to occupant of land to remove such
trees within 2 days or be subject to fine of 50 cents per day.
Sec. 9-338
UNWHOLESOME CONDITIONS
If any place, or premises within city shall be damp, unwholesome,
offensive or filthy, council may cause same to be drained, filled
up, cleaned, amended or purified.
Sec. 5-7759
UNWHOLESOME PREMISES
Unwholesome premises made to be acceptable under direction of
council.
Sec. 5-1333
WASTE BUSINESSES
Persons engaged in business shall prevent accumulation of litter,
waste, refuse or decomposed matter in or around buildings, yards
or grounds used by them.
Sec. 12-914
168
WASTE DISPOSAL FROM SEPTIC TANKS
Waste from any septic tank, seepage pit or cesspool may be
dumped into municipal sewage treatment systems where available.
Sec. 14-434(5)
WASTE PREVENTION
Upon allegation that waste is taking place, supervisor shall call a
hearing to determine whether or not waste is taking place and
what action should be taken to prevent such waste.
Sec. 13-139(7)
WATER POLLUTION COMMISSION INVESTIGATION
POWERS
Commission shall have right to enter any private or public
property for purpose of inspecting and investigating conditions
relating to pollution of any waters of State.
Sec. 3-524
WATER POLLUTION CONTROL FUND STATE
Fund to be known as State Water Pollution Control Fund is
established to be used for State grants to counties, cities, villages,
townships or other public bodies having jurisdiction over disposal
of sewage or other wastes for their reconstruction or construction
of sewage treatment facilities.
Sec. 3-533(51) 1969 Cum. Supp.
WATER RESOURCES COMMISSION
Creation of water resources commission.
Sec. 3-521 1969 Cum. Supp.
WATER RESOURCES COMMISSION POWERS
Commission shall:
1) Make rules and regulations;
2) Protect and conserve water resources;
3) Have control of pollution of waters;
4) Be empowered to make studies;
5) Assist flood control district; and
6) Advise and consult with legislature.
Sec. 3-522
WATER RESOURCES COMMISSION STANDARDS
Commission shall establish such pollution standards for lakes,
rivers, streams and other waters of State as it shall deem necessary.
Sec. 3-525
WATER RESOURCES COMMISSION SUITS
Commission shall be authorized to bring any appropriate action to
enforce any and all laws relating to pollution of waters of State.
Sec. 3-523 1969 Cum. Supp.
WATERS UNLAWFUL DISCHARGE
It is unlawful to discharge into waters of State any substance
injurious to public health, safety or welfare. Any person who
discharges any substance into waters of State contrary to
regulations shall be guilty of misdemeanor.
House Bill No. 4021, 1970 Session Laws
WEED CONTROL POISONS
Poison shall not be used for purpose of weed control in any inland
lake without consent of department of conservation.
Sec. 5-265(3)
-------
MICHIGAN
WEEDS CONTROL INLAND LAKES
Upon petition, township board shall appropriate money for
purpose of controlling weeds in inland public lakes.
Sec. 5-265(1)
169
-------
-------
MINNESOTA
ACQUISITION AND BETTERMENT DEFINITION
Acquisition and betterment shall have meanings given to them in
Minnesota Statutes, Chapter 475.
Sec. 473D.02 (7) 1969 Cum. Supp.
AGENCY DEFINITION
Agency means Minnesota pollution control agency.
Sees. 115.41 1969 Cum. Supp., 473D.02 (8) 1969 Cum. Supp.
Agency means Minnesota pollution control agency.
Sec. 473D.02 (8) 1969 Cum. Supp.
AIR CONTAMINANT DEFINITION
Air contaminant or air contamination means presence in outdoor
atmosphere of any dust, fume, mist, smoke, vapor, gas or other
gaseous fluid, or particulate substance differing in composition
from or exceeding in concentration natural components or
atmosphere.
Sec. 116.06(2) 1969 Cum. Supp
ANIMALS DEAD DISPOSAL
Every person owning any domestic animal that has died or been
killed other than for human or animal consumption shall bury
carcass at least three feet deep in ground or cause same to be
consumed by fire. Fourth-class cities require destruction of swill,
offal, garbage, ashes, street sweepings, barn yard litter, manure,
rubbish, yard cleanings, and contents of privy vaults, cesspools,
and sinks, decaying animal matter and dead animals.
Sees. 411.40(64), 35.82 1969 Cum. Supp.
ANIMALS DISEASED DESTRUCTION
Board shall decide upon killing of animal affected with
tuberculosis, paratuberculosis, glanders, or Bang's disease. Any
carcass of dead, dying, disabled, or diseased animal transported in
intrastate commerce in violation of Sees. 31A.01 to 31A.31, or is
capable of use as human food shall be proceeded against and
seized and condemned.
Sees. 35.08 1969 Cum. Supp., 31A.24 Cum. Supp.
ANIMALS DISEASED INSPECTION AND
DISPOSITION
Commissioner shall cause examination and inspection of all
animals before they shall be allowed into any slaughtering
establishment. Commissioner shall cause post-mortem ex-
amination and inspection of carcasses of all animals capable of
use as human food. Inspection provisions shall apply to all
carcasses capable of use as human food. Commissioner shall cause
examination and inspection of all meat food products prepared in
any slaughtering establishment.
Sees. 31A.03 1969 Cum. Supp., 31A.04 1969 Cum. Supp.,
31A 05, 31AM
APIARIES DISEASED DESTRUCTION
If any abandoned apiary is found to be diseased, commissioner
shall cause it to be immediately destroyed.
Sec. 19.27
ASHES RAILROADS
No railroad company shall leave deposit of fire or live coals or hot
ashes in immediate vicinity of forest lands or lands likely to be
overrun by fires.
Sec. 88.21 1969 Cum. Supp.
ASHES DEPOSIT FOURTH-CLASS CITIES
Fourth-class cities shall regulate and prevent throwing or
depositing of ashes, offal, dirt, garbage or any offensive matter in
or upon any street, alley or public ground or place.
Sec. 411.40 (2)
ASHES DEPOSIT MUNICIPALITIES
City council shall regulate and prevent throwing or depositing of
ashes, offal, dirt, garbage, or any offensive matter in or upon any
street, alley or public ground or place.
Sec. 135
BOARD OF HEALTH RULES AND REGULATIONS
Board may make rules and regulations necessary to carry into
effect provisions of Section 144.10. Board may adopt, alter, and
enforce reasonable regulations for preservation of public health.
Sees. 144.11, 144.12 1969 Cum. Supp.
BOARD OF HEALTH LOCAL DUTIES
Local boards of health shall make investigations concerning
communicable diseases, and shall cause all laws and regulations
relating to public health to be obeyed.
Sec. 145.03
BUILDING CONSTRUCTION REGULATION; ASHES
Common council shall prevent deposit of ashes in unsafe places,
and throwing of ashes in streets and alleys.
Laws 1870, c.31, subc. VII, § 2.
BUILDING DEMOLITION
Fire marshal! may condemn and order destruction, repair, or
alteration of any building or structure liable to fire. Fire marshal!
is authorized to petition order of condemnation directing
171
-------
MINNESOTA
destruction, repair, or alteration of any building or structure
located on land liable to fire.
Sees. 73.09, 73.JO
BUILDING NUISANCE
Any building or structure in violation of sections 462.12 to 462.17
shall be deemed nuisance and may be abated at suit of city in civil
action.
Sec. 462.17
BUILDING STATE DISPOSITION
Commissioner of administration shall have control of State owned
building which is fire or safety hazard and shall sell, wreck, or
otherwise dispose of such building.
Sec. 16.82 1969 Cum. Supp.
BUILDING UNSAFE REMOVAL
Governing body of any city, village, town, or borough rriay remove
or raze any hazardous building. Governing body of any city,
village, town, or borough may order owner of any hazardous
building to correct hazardous condition of such building or to raze
or remove same.
Sees. 463.151 1969 Cum. Supp., 463.17 1969 Cum. Supp.
CARCASSES DISPOSITION MUNICIPALITIES
Common council shall prevent any person from bringing,
depositing or having within city any putrid carcass or
unwholesome substance, and to require removal of same.
Laws 1870, c. 31, subc. IV, § 3(10)
CITIES FOURTH CLASS POWERS AND DUTIES
Powers:
1) Regulate deposit of ashes; garbage;
2) Regulate sewers;
3) Remove and abate nuisances;
4) Regulate cesspools and privies;
5) Restrain pollution of waters;
6) Regulate junk dealers;
7) Declare emission of smoke from chimneys a nuisance;
8) Regulate emission of sparks and cinders;
9) Regulate burial of dead;
10) Regulate slaughter houses;
11) Require destruction of garbage, ashes, rubbish, etc.
12) Suppress disease; and
13) Clear brush and timber.
Sec. 411.40
COMBUSTIBLE MATERIAL REMOVAL
State fire marshall who finds any combustible or explosive
material, rubbish, rags, waste or inflammable matter of any kind
endangering safety of building or property or occupants, he shall
order these materials removed or dangerous condition corrected
forthwith.
Sec. 73.17
COMMISSIONER DEFINITION
Commissioner means commissioner of administration.
Sec. 115.41
172
COUNCIL POWERS AND DUTIES
Common council shall have following powers:
1) Prevent deposit of unwholesome substances;
2) Require removal of dangerous buildings;
3) Remove and abate nuisances.
Laws 1870, c. 31 subc. IV, § 3
COUNCIL SPECIFIC POWERS
Council shall:
1) Regulate slaughterhouses;
2) Regulate disposal of sewage and garbage; and
3) Abate nuisances.
Sec. 412.221
DEAD FISH DISPOSAL
Commissioner shall remove, bury or dispose of dead fish which
have accumulated in any public waters or upon their shores in
such quantity as to constitute a public nuisance or to be
detrimental to game fish in waters.
Sec. 101.46
DEBRIS INFLAMMABLE REMOVAL
Commissioner may permit the clean up and removal of all dead or
down timber, underbrush, rotting logs, stumps, and all other
inflammable refuse and debris which is deemed a fire hazard.
Sec. 88.06 1969 Cum. Supp.
DEBRIS TIMBER DISPOSAL
Whenever in judgment of commissioner or any forest officer there
is danger of starting and spreading of fires from slashings and
debris from cutting of timber, forest officer shall order person for
whom timber products are cut to dispose of such slashings, debris,
or refuse as state employee may direct.
Sec. 88.14 1969 Cum. Supp.
DISPOSAL SYSTEM DEFINITION
Disposal system means system for disposing of sewage, industrial
waste and other wastes, and includes sewer systems and treatment
works.
Sec. 115.01 (8)
DISPOSAL SYSTEM WATER POLLUTION CONTROL
COMMISSION
Commission may examine any books, papers, records, or
memoranda pertaining to operation of disposal system. Com-
mission or any member, employee, or agent thereof, may enter
upon any property, public or private, for purpose of obtaining
information or conducting surveys or investigations.
Sec. 115.04
DUMPING PROHIBITION
Commissioner may close any public or private dumping area, by
posting such area as closed to dumping, whenever he deems it
necessary for prevention of forest fires.
Sec. 88.22 1969 Cum. Supp.
EMINENT DOMAIN
When taking of private property for any public use shall be
authorized by law, it may be acquired under right of eminent
domain.
Sec. 117.01
-------
MINNESOTA
EMINENT DOMAIN GARBAGE DISPOSAL
Any first class city is authorized to acquire, by purchase or
condemnation, lands on which to erect plants for destruction of
garbage or other refuse matter.
Sec. 443. J 8
EMINENT DOMAIN MUNICIPALITIES
All cities and villages may exercise right of eminent domain for
purpose of acquiring private property for any purpose for which it
is authorized by law. When necessary for city, village, or borough
to exercise right of eminent domain, all proceedings shall conform
to provisions of Chapter 117.
Sees. 431.26, 465.01
EMINENT DOMAIN PUBLIC BUILDINGS
Any city having population of over 50,000 shall have right and
power to condemn lands under right of eminent domain for sites
and grounds for public buildings.
Sec. 416.16
EMISSION DEFINITION
"Emission" means release or discharge into outdoor atmosphere
of any air contaminant.
Sec. 116.06(4) 1969 Cum. Supp.
EMISSION FACILITY DEFINITION
"Emission facility" means any structure, work, equipment,
machinery, device, apparatus, or other means whereby an
emission is caused to occur.
Sec. 116.06(5) 1969 Cum. Supp.
FIRE PREVENTION RAILROAD
No railroad company shall permit deposit of fire, live coals, or
ashes in immediate vicinity of woodland or lands liable to be
overrun by fire.
Sec. 219.57 1969 Cum. Supp.
FOOD INSANITARY CONDITIONS
No person, firm, or corporation shall operate any place where any
fruit or food products are manufactured, packed, stored,
deposited, collected, prepared, produced, or served, or sold, if
same is filthy, unclean or unsanitary.
Sec. 31.161
GARBAGE COLLECTION BY VILLAGERS
Village council shall provide for or regulate disposal of sewage,
garbage, and other refuse. Village may grant franchise for garbage
collection.
Sees. 412.221 (22), (51)
GARBAGE DEFINITION
Garbage shall mean kitchen offal and all other refuse matter
composed of either animal or vegetable substance.
Sec. 368.79
GARBAGE DISPOSAL BY BOARD OF HEALTH
Board may control general sanitation of tourist camps, summer
hotels, and resorts in respect to water supplies, disposal of sewage,
garbage, and other wastes and prevention and control of
communicable diseases.
Sec. 144.12 (13)
GARBAGE DISPOSAL PLANTS MUNICIPALITIES
Governing body of first class city is authorized to issue bonds for
construction of garbage plants.
Sec. 443.20
GARBAGE DISPOSAL SANITARY DISTRICTS
District may construct and operate any system to provide or
regulate, and control disposal of garbage or refuse.
Sec. 115.26 (3)
GARBAGE REMOVAL BY TOWNS
Town board is authorized to enter into contract for removal of
garbage for any premise within such town.
Sec. 368.79
GREAT LAKES BASIN COMPACT
Purposes:
1) Promote development, use, and conservation of water
resources of Great Lakes Basin;
2) Plan for welfare and development of water resources of
Basin;
3) Make possible maximum benefit from public works;
4) Advise legitimate use of water resources of Basin; and
5) Maintain intergovernmental agency.
Sec. 1.21
HEALTH COMMISSIONER DUTIES
Health commissioner shall:
1) Enforce health regulations;
2) Abate nuisances;
3) Prevent disease among animals;
4) Control quarantines, hospitals, and morgues; cemeteries,
crematories, and burial places;
5) Inspect food products; and
6) Grant burial permits.
Laws 1895, c. 8, subc. XVIII, § 301
HIGHWAYS REMOVAL OF SNOW
Road authorities may contract for removal of snow from highways
under their supervision.
Sec. 160.21
INDUSTRIAL WASTE DEFINITION
Industrial waste means any liquid, gaseous or solid waste
substance resulting from any process of industry, manufacturing
trade or business or from development of any natural resource.
Sec. 115.01 (3)
JUNK DEALERS FOURTH-CLASS CITIES
Common council shall have power to license junk dealers.
Sec. 411.40 (28)
JUNKYARDS DEFINITIONS
Junkyard means motor vehicle, agricultural machinery or
construction machinery junkyard used as place of storage or
deposit, within one half mile of any right-of-way of any State
trunk highway, where waste, body, or discarded matenal stored is
equal in bulk to five or more motor vehicles and which are to be
resold for used parts or old iron, metal, glass, or other discarded
material.
Sec. 161.242(3) 1969 Cum. Supp.
173
-------
MINNESOTA
JUNKYARDS PROHIBITION
No person shall operate any junkyard unless it be screened so as to
conceal it from view of motorists using highways.
Sec. 161.242 (3) 1969 Cum. Supp.
LAND POLLUTION DEFINITION
"Land pollution" means presence in or on land of any solid waste
in such quantity, of such nature and duration, and under such
condition as would affect injuriously any waters of State, create air
contaminants or cause air pollution.
Sec. 116.06(9) 1969 Cum. Supp.
LOCAL GOVERNMENT UNIT DEFINITION
Local government unit means any municipal corporation or
governmental subdivision other than metropolitan county located
in whole or in part in metropolitan area, authorized by law to
provide for disposal of solid waste.
Sec. 473D.02 (5) 1969 Cum. Supp.
METROPOLITAN AREA DEFINITION
Metropolitan area means area over which metropolitan council
has jurisdiction.
Sec. 473D.02 (2) 1969 Cum. Supp.
METROPOLITAN COUNCIL DEFINITION
Metropolitan council or council means metropolitan council
established by Minnesota Statutes, Sec. 473B.02.
Sec. 473D.02 (3) 1969 Cum. Supp.
METROPOLITAN COUNTY DEFINITION
Metropolitan county means any one of following counties: Anoka,
Carver, Dakota, Hennepm, Ramsey, Scott or Washington.
Sec. 473D.02 (4) 1969 Cum. Supp.
METROPOLITAN SOLID WASTE DISPOSAL
Legislature determines that for protection of public health, safety,
and welfare of people of metropolitan areas, for prevention,
control and abatement of pollution of air and waters of State, and
for efficient and economic disposal of solid waste in metropolitan
area, it is necessary to authorize pollution control agency to
regulate location and operation of solid waste disposal sites and
facilities in area, to authorize metropolitan council to carry on
continuous, long range program of planning with respect to, and
regulate location and use of solid waste disposal sites and facilities
in area, and to authorize counties in area to acquire, construct,
operate, maintain and regulate solid waste disposal sites and
facilities.
Sec. 473D.01 1969 Cum. Supp.
MINNEAPOLIS ST PAUL SANITARY DISTRICT
OBJECT AND PURPOSE
General purpose and object of any sanitary district shall be to
promote public health and welfare by providing adequate and
efficient system and means of collecting, conveying, pumping,
treatment and disposal of all domestic sewage, commercial and
industrial wastes so that pollution shall be so reduced that such
river, stream or watercourse shall not become a nuisance.
Sec. 445.10
MINNESOTA WISCONSIN BOUNDARY COMPACT
Compact for purpose of development of boundary lands, river
174
valleys, and waters comprising boundaries of this State and
entered into with State of Wisconsin. Other purposes are to:
1) Conduct studies;
2) Coordinate plans;
3) Participation in Federal programs;
4) Control air and water pollution, maintain water quality,
and control water use.
Sec. 1.31
MUNICIPAL PLANNING POLICY
Municipalities can prepare for anticipated changes in future
development through municipal planning by providing public
guides to future municipal action.
Sec. 462.351 1969 Cum. Supp.
MUNICIPAL PLANNING ZONING
For purpose of promoting public health, safety, morals and
general welfare, municipality may make zoning regulations and
standards.
§462.357 1969 Cum. Supp.
MUNICIPAL WATER POLLUTION CONTROL ACT
Policy: prevent, control, and abate water pollution. Powers:
1) Prohibit discharge of sewage and wastes;
2) Regulate storage of polluting liquid;
3) Install disposal systems;
4) Classify waters according to standards of quality and
purity;
5) Prosecute violations; and
6) Enforce regulations.
Sec. 115.41-47
MUNICIPALITIES DEFINITION
Municipality means city, village, borough, sanitary district, or
other governmental subdivision or public corporation.
Sec. 11541
MUNICIPALITIES PLANNING
Municipality may carry on comprehensive municipal planning
activities for guiding future development of municipality.
Sec. 462.353 1969 Cum. Supp.
NOXIOUS WEEDS DEFINITION
Noxious weeds means annual, biennial, and perennial plants
which are deemed by commissioner to be injurious to public
health, public roads, crops, livestock and other property.
Sec. 18.171 (5)
NOXIOUS WEEDS DESTRUCTION
Mayor or president of village must be notified prior to destruction
of growing crop of noxious weeds.
Sec. 18.251
NOXIOUS WEEDS HIGHWAYS
Road authorities shall cause all noxious weeds on highways and
streets to be cut down or otherwise destroyed or eradicated as
often as necessary.
Sec. 160.23
NOXIOUS WEEDS PUBLIC HIGHWAYS
Commissioner of highways shall cause all noxious weeds standing,
-------
MINNESOTA
being or growing on all trunk highways and other public highways
to be cut down, otherwise destroyed or eradicated, as often as
necessary.
Sec. 18.211 1969 Cum. Supp.
NOXIOUS WEEDS RAILROAD COMPANIES
Railway company shall cause all noxious weeds on land of
company adjoining right of way to be cut down, otherwise
destroyed or eradicated in such manner and at such times as may
be directed or ordered by local weed inspector.
Sec. 18.201
NUISANCE ABATEMENT
When any nuisance, source of filth, or cause of sickness is found
on any property, health officer of city, village, or town shall order
removal of same. Common council to provide for abatement or
removal of nuisances. Commissioner of health shall see to the
abatement of nuisances.
Sec. 145.22 1969 Cum Supp., Laws 1870, c.31, subc. IV, § 5,
Laws 1895, c.8, subc. XVIII, § 307
NUISANCE ABATEMENT BY CITIES
City council shall have authority to regulate the abatement of
nuisances.
Laws 1895, c.8, subc. VI, § 135
NUISANCE ABATEMENT BY CITY COUNCIL
City council is authorized and empowered to enact ordinances to
regulate, control, prohibit, and abate issuance or emission of dense
smoke in city.
Sec. 461.07
NUISANCE ABATEMENT OF SMOKE
Any third class city is authorized to control, regulate, prevent, and
prohibit emission of dense smoke and to declare such emission of
dense smoke to be public nuisance, and to provide for summary
abatement thereof.
Sec. 461.09
NUISANCE ACTIONS
Action may be brought by any person whose property is
injuriously affected by nuisance and, by judgement, nuisance may
be enjoined or abated.
Sec. 561.01
PERSON DEFINITION
Person means any human being, any municipality or other
governmental or political subdivision or other public agency, any
public or private corporation, any partnership, firm, association,
or other organization, any receiver, trustee, assignee, agent, or
other legal representative of any of foregoing, or any other legal
entity, but does not include pollution control agency; State or any
agency or institution thereof and includes any officer or governing
or managing body of any municipality, governmental subdivision,
or public or private corporation.
Sees. 116.06(8) 1969 Cum. Supp., 473D.02 (6) 1969 Cum.
Supp., 115.01 (10)
PLANNING METROPOLITAN AREAS
As result of urban growth and development in metropolitan areas,
problems have arisen, and no single unit can make plans for their
solution without affecting other units in area. An area-wide
approach in planning solutions to problems which demand
coordinated and cooperative action by affected governmental
units, and that comprehensive planning for orderly and
economical growth of entire metropolitan areas consistent with
general welfare requires establishment of regional planning
commissions.
Sec. 473.01
PLANNING REGIONAL PLANNING BOARD
Two or more counties, cities, villages, boroughs, or towns may
enter into agreement for conduct of regional planning activities,
and may create regional planning agency and regional planning
board which may prepare plans for region.
Sees. 462.371-373 1969 Cum. Supp.
PLANNING STATE PLANNING AGENCY
Powers and duties of State planning agency:
1) Prepare recommendations;
2) Develop long range planning;
3) Review programming;
4) Contract with regional planning agency;
5) Conduct studies;
6) Coordinate with State budget;
7) Make information available;
8) Act as coordinating agency;
9) Review plans;
10) Encourage development of planning programs.
Sees. 4 12, and 4.12 1969 Cum. Supp.
Creation of State planning agency.
Sees. 4.11, and 4.11 1969 Cum. Supp.
State planning officer may apply for and receive funds and grants.
Sec. 4.13 1969 Cum. Supp.
PLANNING AND ZONING COMMISSION
Board of supervisors may appoint planning and zoning
commission.
Sec. 366.17
PLANNING COMMISSION POWERS AND DUTIES
County planning commission shall:
1) Propose comprehensive plan;
2) Divide county into zones;
3) Mark historical landmarks;
4) Propose alternations; and
5) Cooperate with other planning boards.
Sec. 394.09
PLANNING COMMISSION COUNTY
Authorization for establishment of county planning commission.
Sec. 394.06
PLANTS DISEASED DESTRUCTION
Any white pines or currants or gooseberries found to be infected
with white pine blister-rust are declared to be public menace and
may be destroyed.
Sec. 18.433
POLLUTION DEFINITION
Pollution means contamination of any waters of State so as to
create nuisance or render such waters unclean, or noxious, or
175
-------
MINNESOTA
impure so as to be actually or potentially harmful or detrimental
or injurious to public health, safety, or welfare, to domestic,
commercial, industrial or recreational use, or to livestock, wild
animals, bird, fish, or other aquatic life.
Sec. 115.01 (5)
POLLUTION AIR BOARD OF HEALTH
Board of health may regulate atmosphere pollution which may be
injurious or detrimental to public health.
Sec. 144.12 (14) 1969 Cum. Supp.
POLLUTION AIR DEFINITION
Air pollution means presence in outdoor atmosphere of any air
contaminant in such quantity, or such nature and duration, and
under such conditions as would be injurious to human health or
welfare, to animal or plant life, or to property, or to interfere
unreasonably with enjoyment of life or property.
Sec. 116.06 (3)
POLLUTION CONTROL AGENCY COOPERATION
All State departments and agencies are directed to cooperate with
pollution control agency, and pollution control agency is
authorized to cooperate with other departments and agencies of
State, with municipalities, with other states, and with Federal
government.
Sec. 116.05 1969 Cum. Supp.
POLLUTION CONTROL AGENCY CREATION
Creation of pollution control agency.
Sec. 116.02 1969 Cum. Supp.
POLLUTION CONTROL AGENCY DIRECTOR
Creation of office of director of pollution control agency.
Sec. 116.03 1969 Cum. Supp.
POLLUTION CONTROL AGENCY EMERGENCY
POWERS
In event of imminent danger to health and welfare of people of
state as result of pollution of air, land or water, agency may by
emergency order direct abatement of such pollution without
notice and without hearing.
Sec. 116.11 1969 Cum. Supp.
POLLUTION CONTROL AGENCY ENFORCEMENT
Violation of provisions of pollution control agency shall be
misdemeanor, punishable by fine of not exceeding $100 or
imprisonment for not exceeding 90 days. Each day of any such
violation shall constitute separate offense.
Sec. 116.08 1969 Cum. Supp.
POLLUTION CONTROL AGENCY EXECUTIVE
SECRETARY
Director of pollution control agency is executive secretary and
chief-executive officer of Minnesota pollution control agency.
Sec. 116.04 1969 Cum. Supp.
POLLUTION CONTROL AGENCY LONG RANGE
PLAN
Pollution control agency shall prepare long-range plan and
program for effectuation of policy, and shall make report of
progress on abatement and control of air and land pollution with
176
recommendations for action in furtherance of air and land
pollution and solid waste programs.
116.10 1969 Cum. Supp.
POLLUTION CONTROL AGENCY POLICY
Policy of pollution control agency is to meet variety and
complexity of problems relating to water, air and land pollution.
Sec. 116.01 1969 Cum. Supp.
POLLUTION CONTROL AGENCY POWERS AND
DUTIES
Pollution control agency shall adopt standards of air quality and
for control of collection, transportation and disposal of solid waste
for prevention and abatement of water, air and land pollution.
Sec. 116.07 1969 Cum. Supp.
POLLUTION CONTROL AGENCY SOLID WASTE
REGULATIONS
Pollution control agency, to abate or prevent pollution of air and
waters of State, shall adopt regulations relating to location and
operation of solid waste disposal sites and facilities in
metropolitan area.
Sec. 473D.07 1969 Cum. Supp.
POLLUTION WATER
No sewage or other matter shall be deposited where it will fall or
drain into any pond or stream used as source of water supply for
domestic use.
Sec. 144.35
POLLUTION WATER CRYSTAL WATERS ACT
Upon determination by pollution control agency, any public
agency is eligible under Federal statutes for grant of funds.
Sec. 7/6.75 7969 Cum. Supp.
POLLUTION WATER PARK DISTRICT BOARD
Park district boards have power to prevent water pollution.
Sec. 398.09
REFUSE HIGHWAYS
No person shall throw or deposit upon any highway any refuse
likely to injure any person, animal or vehicle upon such highway
or upon any public or privately owned land adjacent thereto. Any
person removing wrecked or damaged vehicle from highway shall
remove any glass or other injurious substance dropped upon
highway from such vehicle.
Sec. 769.42 7969 Cum. Supp.
REFUSE REMOVAL BY MUNICIPALITIES
Municipalities may compel owner of building to remove snow, dirt
or rubbish from sidewalk, street or alley opposite thereto.
Laws 1870, c.31, subc. IV, § 3 (21)
RUBBISH DISPOSAL
City Council shall have authority to direct method of handling
and storage of rubbish. Governing body in providing for rubbish
disposal may determine along which streets collection shall be
made, and volume of rubbish to be collected, and shall have
authority to regulate time and manner of private disposal. Such
-------
MINNESOTA
regulation may provide for immediate abatement of any condition
which is menace to public health and safety.
Sees. 443.31, 443.32
or animals, together with such ground water infiltration and
surface water as may be present.
Sec. 115.01
RUBBISH DISPOSAL BY CITY COUNCIL
City council is authorized to employ facilities for rubbish disposal.
Sec. 443.28
RUBBISH DISPOSAL VIOLATIONS; PENALTIES
First class cities are authorized to impose penalties and provide
punishment for violation of any ordinance or regulation relative to
accumulation of rubbish, its collection or disposition.
Sec. 443.35
RUBBISH DISPOSAL DEFINITION
Rubbish means any one or all of following substances: offal,
garbage, ashes, barnyard litter, manure, rubbish, barnyard
cleanings, dead animals, or any other foul or unhealthy stuff or
material. Rubbish disposal means removal, collection, and
disposal of rubbish from public and private property within any
such city.
Sec. 443.27
RUBBISH DISPOSAL FUND
Rates charged and collected shall be deposited in fund to be
designated Rubbish Disposal Fund to which shall be credited all
receipts, and to which shall be charged all costs, principal or
current, incident to such activity.
Sec. 443.33
SANITARY DISTRICTS
State board of health shall determine whether discharge of sewage
and indue trial wastes from 2 or more contiguous cities is likely to
cause public nuisance, and, if so, declare these cities to be single
sanitary district.
Sec. 445.02
SANITARY DISTRICTS MINNEAPOLIS-ST PAUL
When two or more contiguous cities shall directly or indirectly
discharge sewage or industrial wastes into common natural
watercourse and do so discharge sewage or industrial wastes into
such watercourse as to endanger public health or to create
nuisance, such cities shall be organized and incorporated into
sanitary district.
Sec. 445.01
SANITARY DISTRICTS POWERS AND DUTIES
Sanitary district is empowered to:
1) Regulate discharge of industrial waste;
2) Contract with industries producing waste;
3) Require abatement of industrial waste nuisance;
4) Make rules and regulations;
5) Make contracts for waste disposal; and
6) Acquire measuring equipment.
Sec. 445.09 1969 Cum. Supp.
SEWAGE DEFINITION
Sewage means water-carried waste products from residences,
public buildings, institutions, or other buildings, including
excrementitious or other discharge from bodies of human beings
SEWAGE DISPOSAL PLANTS
When any fourth class city does not provide method of
constructing sewers, city, village, or borough council shall have
power to maintain and extend any existing sewer system, to relay,
alter, or extend any existing sewer system and to establish and
maintain general system of sewers, and to establish and maintain
sewage treatment plants when deemed necessary.
Sec. 431.01
SEWER SYSTEM DEFINITION
Sewer system means pipe lines or conduits, pumping stations, and
force mains, and all other constructions, devices, and appliances
appurtenant thereto, used for conducting sewage or industrial
waste or other wastes to point of ultimate disposal.
Sec. 115.01 (6)
SNOW REMOVAL BY TOWN
Town board is authorized to remove snow from public alleys.
Sec. 368.65
SOLID WASTE DEFINITION
Solid waste means garbage, refuse and other discarded solid
materials, except animal waste used as fertilizer including solid
waste materials resulting from industrial, commercial and
agricultural operations, and from community activities, but does
not include earthen fill, boulders, rock and other materials
normally handled in construction operations, solids or dissolved
material in domestic sewage or other significant pollutants in
water resources, such as silt, dissolved or suspended solids in
industrial waste water effluents, dissolved materials in irrigation
return flows, or other common water pollutants.
Sees. 116.06 (10) 1969 Cum. Supp., 473D.02 (9) 1969 Cum.
Supp
SOLID WASTE DISPOSAL METROPOLITAN
COUNCIL
Metropolitan council shall prepare comprehensive plan for
disposal of solid waste in metropolitan area.
Sec. 473D.03 1969 Cum. Supp.
SOLID WASTE DISPOSAL METROPOLITAN
COUNCIL RATES AND CHARGES
Each metropolitan county shall submit to metropolitan council
schedule of rates and charges in effect or proposed for use of any
solid waste disposal site or facility owned or operated by or in its
behalf.
Sec. 473D.06 1969 Cum. Supp.
SOLID WASTE DISPOSAL METROPOLITAN
COUNCIL REPORT
Each metropolitan county shall prepare and submit to council
report including a description of any solid waste disposal site or
facility which county owns or plans to acquire to implement
comprehensive plan.
Sec 473D.04 1969 Cum. Supp.
Ill
-------
MINNESOTA
SOLID WASTE DISPOSAL METROPOLITAN
COUNCIL SITES AND FACILITIES
Each metropolitan county may acquire by purchase, lease, gift or
condemnation solid waste disposal sites or facilities which are in
accord with comprehensive plan.
Sec. 473D.05 1969 Cum. Supp.
SOLID WASTE DISPOSAL SITE OR FACILITY
DEFINITION
Solid waste disposal site or facility means all property, real or
personal, including negative and positive easements and water and
air rights, which is or may be needed or useful for disposal of solid
waste, except property for collection of solid waste.
Sec. 473D.02 (JO) 1969 Cum. Supp.
STORAGE FACILITY DEFINITION
Storage facility or potential air contaminant storage facility means
any structure, work, equipment, device, apparatus, tank,
container, or other means for storage or confinement, either
stationary or in transit, of any substance which, if released or
discharged into outdoor atmosphere might cause air con-
tamination or air pollution.
Sec. 116.06 (7) 1969 Cum. Supp.
SWINE DISEASED DESTRUCTION
Board may destroy any swine, affected with or exposed to hog
cholera.
Sec. 35.132 1969 Cum. Supp.
TOWN POWERS OF VILLAGES
Town having portions in which there resides 1,200 or more people
shall have and possess same power and authority possessed by
villages.
Sec. 368.01
TRADE OFFENSIVE
No person shall engage in any trade which is hurtful to
inhabitants, or dangerous to public health, or injurious to
neighboring property, or from which noxious odors arise.
Sec. 145.17
TREATMENT WORKS DEFINITION
Treatment works means any plant, disposal field, lagoon, dam,
pumping station, constructed drainage ditch or surface water
intercepting ditch, incinerator, area devoted to sanitary land fills,
or other works not specifically mentioned herein, installed for
purpose of treating, stabilizing or disposing of sewage, industrial
waste or other wastes.
Sec. 115.01(7)
VEGETATION UNDESIRABLE
Governing body of city, village, borough, or town may expend
funds for control or destruction of harmful or undesirable aquatic
vegetation or organisms in public waters.
Sees. 111.81, 111.81 1969 Cum. Supp.
WASTE OTHER DEFINITION
Other wastes mean garbage, municipal refuse, decayed wood,
sawdust, shavings, bark, lime, sand, ashes, offal, oil, tar, chemicals,
and all other substances not sewage or industrial waste which may
pollute or tend to pollute waters of state.
Sec. 115.01 (4)
WATER PURITY
Board shall have power and authority to do all things it deems
necessary to enhance purity of water supply of any city.
Sec. 442.22
WATERS OF THE STATE DEFINITION
Waters of the State means all streams, lakes, ponds, marshes
watercourses, waterways, wells, springs, reservoirs, aquifers,
irrigation systems, drainage systems and all other bodies or
accumulations of water, surface or underground, natural or
artificial, public or private, which are contained within, flow
through, or border upon State or any portion thereof.
Sec. 115.01 (9)
ZONING REGULATIONS
Zoning regulations shall be made in accordance with com-
prehensive plan for purpose of promoting health, morals,
convenience, order, prosperity, or welfare of present and future
inhabitants of such town.
Sec. 366.14
ZONING REGULATIONS TOWN BOARD
Board of supervisors of any town having population of more than
450,000 is authorized to submit to voters question as to whether or
not such board shall adopt building and zoning regulations and
restrictions in such town.
Sec. 366.10
178
-------
MISSISSIPPI
AIR AND WATER CONTROL COMMISSION WASTE
DISPOSAL PRODUCTS
Regulation of waste disposal products; jurisdiction; drill of wells.
House Bill No. 268, 1970 Session Laws
ANIMALS DEAD DISPOSAL
Burning and burial of carcass; penalties for violation.
Crimes and Misdemeanors § 2005
AUTOMOBILE WRECKING ESTABLISHMENTS AND
JUNKYARDS
Prohibition of establishment within one-half mile of highway.
Crimes and Misdemeanors § 2018.5
AUTOMOBILE GRAVEYARDS PUBLIC NUISANCE
Repeal of section 1073.5 Mississippi Code.
House Bill No. 200, 1970 Session Laws
BEACHES LEAVING BREAKABLE CONTAINERS OR
DEBRIS UPON
Penalties; definition of established beaches.
Crimes and Misdemeanors § 2018.7
BOATS AND LOGS SALVAGE OF ABANDONED
Ownership to owner of bed of stream.
Salvage § 1007
DRAINAGE DISTRICT POWER TO PURCHASE
STATE FORFEITED TAX LAND
Purchasing tax forfeited land authorized; limitations of act;
appropriation of money.
Public Lands § 4085
EFFLUENTS OR INDUSTRIAL WASTE PERSONS OR
CORPORATION DISCHARGING INTO STREAMS
Inspections fees.
Game and Fish § 5929-15
EMINENT DOMAIN HYDROELECTRIC COMPANIES
Use of power outlined: restrictions.
Special Actions § 2777
EMINENT DOMAIN MISSISSIPPI HIGHWAY
COMMISSION
Uses of power outlined: restrictions.
Highways § 8023
EMINENT DOMAIN MISSISSIPPI STATE HIGHWAY
DEPARTMENT
Uses of power outlined; size restrictions.
Mississippi Code Annotated § 5987
EMINENT DOMAIN MUNICIPALITIES
Right to eminent domain authorized.
Public Lands § 4127
BUILDINGS EFFECT ON SALE OF LAND OF
DESTROYED
Power of sale to commissioner.
Officers § 4133
CATTLE CONDEMNATION
Disposition of; disposal.
Livestock Sanitary Board § 4845
CONDEMNATION CORPORATE POWER
Types of corporations authorized; liability to owners of property.
Special Actions § 2776
CONDEMNATION POWER OF MISSISSIPPI
HIGHWAY COMMISSIONS
Powers and rights of commission stated; right of entry upon lands;
payment to owner; power to condemn for right of way.
Mississippi Code Annotated § 6001
EMINENT DOMAIN POWER
General outline of powers.
Roads, Ferries, and Bridges § 8327
EMINENT DOMAIN TAX
Right of eminent domain on county's land for use as State park;
purchase of land for taxes authorized.
Reforestation § 6037
GAME AND FISH COMMISSION POWER OVER
CONTROL OF WASTE DISPOSAL
Jurisdiction and control of wastes disposed in water of the State;
powers of enforcement; violation declared nuisance.
Game and Fish § 5929-04
HIGHWAYS DEPOSITING GLASS, BOTTLES, NAILS,
OTHER SUBSTANCES
Misdemeanor; penalties.
Crimes and Misdemeanors § 2214
179
-------
MISSISSIPPI
HIGHWAYS DUMPING TRASH
Penalty; exceptions.
Crimes and Misdemeanors § 2214.5
HIGHWAYS SPILLING LOADS
Prohibited: exceptions.
Highways § 8268
HIGHWAYS AND WATERWAYS OBSTRUCTION
Unlawful; penalties.
Crimes § 2211
INVESTIGATIONS ENTRY ONTO LAND
Authorized; power to commissioners of drainage districts;
purposes of entry and inspection; penalty for hindering entry.
Drainage Districts § 4615
LAND LEASED TO UNITED STATES BY
MUNICIPALITY
Leasing of land by municipality authorized.
Public Lands § 4128
LAND POWER OF MUNICIPALITY TO PURCHASE
Lands within corporate limits may be purchased by municipality
from State; power to Land Commissioner; appropriation of
monies.
Officers § 4086
LAND PUBLIC THOSE WHO MAY NOT PURCHASE
Non-resident and corporations restricted in purchase; effect upon
mortgage or deed of trust holders.
Public Lands § 4109
MISSISSIPPI GAME AND FISH COMMISSION
Authorization to enforce pollution act.
Game and Fish § 5929-02
MISSISSIPPI GAME AND FISH COMMISSION
AUTHORIZATION TO BRING AUCTIONS TO
ENFORCE ORDERS
Power of injunction.
Game and Fish § 5929-05
MISSISSIPPI GAME AND FISH COMMISSION
ENTRY ONTO PROPERTY
Inspection of conditions relating to water pollution; authority of
commission.
Game and Fish § 5929-06
MISSISSIPPI GAME AND FISH COMMISSION
POWERS AND DUTIES OF FORESTER
Term of forester; enforcement of rules and regulations pertaining
to forests and wood lands; assure proper utilization of lands.
Reforestation 6023
MUNICIPALITIES RIGHT OF EMINENT DOMAIN
FOR LAYING OF STREET
Power outlined and authorized: restriction.
Municipalities § 3374-128
180
NAVIGABLE STREAM REMOVAL OF
OBSTRUCTIONS
Authorized.
Highways § 8415
POLLUTION WATER PENALTIES
Declared misdemeanor; penalties; each day declared separate
violation.
Game and Fish § 5929-10
POLLUTION WATER VIOLATIONS
Pollution of waters declared unlawful; types of violations: existing
pollution.
Game and Fish § 5929-08
RAILROAD OBSTRUCTING AS TO DISRAIL TRAIN
UPON
Penalty: those to which act applies.
Crimes § 2341
RAILROADS PENALTY FOR OBSTRUCTION
Fines and imprisonment.
Crimes § 2340
ROADS OBSTRUCTION
Penalties for violation; removal of obstruction; duty of bringing
suit; jurisdiction of justice of the peace.
Highways § 5259
SANITARY DISPOSAL SYSTEMS AUTHORIZED
CONSTRUCTION
Power to municipalities.
Municipalities § 3664-02
SEWAGE DISPOSAL PLANTS CONSTRUCTION
WITHIN COUNTIES CONTAINING MILITARY CAMPS
Power to counties governing body: borrowing of money and
issuing of bonds authorized.
Board of Supervisors § 2957
TELEPHONE, TELEGRAPH AND STREET RAILWAY
COMPANIES
Exercise of right of eminent domain across railroads; uses, power,
outlined restrictions.
Eminent Domain § 2774
WASTE CONTROL ACT
Necessary for preservation of public health and safety.
Game and Fish § 5929-77
WATERS OBSTRUCTION AND POLLUTION
Declared misdemeanor; penalties: exceptions.
Crimes § 2414
WATERS POLLUTION BY SAWMILLS AND
CREOSOTING PLANTS
Declared misdemeanor; penalties, extent of pollution necessary
for prosecution; reasonable defense by violators.
Crimes § 2415
-------
MISSISSIPPI
WATERS OF THE STATE DEFINITIONS property owners of removal required; failure by owner to do
Defines: Person, Waters of the State.
Game and Fish § 5929-01 work: collect of costs through taxes; types of work municipality
WEEDS, RUBBISH AND WASTE REMOVAL BY may engage in.
MUNICIPALITY
Powers contingent upon petition of majority of residents; notice to Municipalities § 3374-171
181
-------
MISSOURI
AIR CLEANING DEVICE DEFINITION
Defines:
Air cleaning device;
Air contaminant;
Air contaminant source;
Air pollution;
Ambient air;
Area of State;
Commissioner;
Person;
Political subdivision.
203.020 Cum. Supp.
AIR CONSERVATION COMMISSION CREATION
Authority to create commission; makeup; terms; meetings;
officers.
203.040 Cum. Supp.
AIR CONSERVATION COMMISSION EMERGENCY
CONDITIONS; PROCEDURES
Procedures for dealing with emergency conditions.
203.090 Cum. Supp.
AIR CONSERVATION COMMISSION ENJOINING
VIOLATIONS
Power to enjoin violations; penalties.
203.160 Cum. Supp.
AIR CONSERVATION COMMISSION FAILURE TO
ACT
Procedure to petition commission for action.
203.120 Cum Supp.
AIR CONSERVATION COMMISSION
INVESTIGATION OF VIOLATIONS
Power to investigate violations; conciliation; orders; hearings.
203.080 Cum. Supp.
AIR CONSERVATION COMMISSION POWERS AND
DUTIES
Powers to: adopt rules; regulate use of equipment; establish
standards; require reports; submission of plans; hold hearing;
enforce compliance; authorize inspection; prepare comprehensive
plan; enter into interstate compacts; receive moneys, grants, gifts.
203.060 Cum. Supp.
AIR CONSERVATION COMMISSION VARIANCES
Power to grant, modify, revoke variances.
203.110 Cum. Supp.
AIR QUALITY COMPACT EFFECTIVE DATE
Compact to be effective when; commissioners; qualifications;
terms; vacancies filled.
203.610 Cum. Supp.
AIR QUALITY COMPACT TEXT
Compact contains: Definitions of air pollution, air contaminant,
air contaminant source; purpose of compact; creation of
commission; powers and duties of commission; hearings; finance;
construction; cooperation with federal government.
203.600 Cum. Supp.
ANIMAL CARCASSES DISPOSAL
Rules for disposition of carcasses.
17-269.020
ANIMALS DEAD CLEANSING AND USING
VEHICLES
Hauling live animals or feeds in same vehicles prohibited.
17-269.150
ANIMALS DEAD TRANSPORTATION
Transportation of dead animals for foreign plants; permits; fees;
revocation or suspension.
17-269.080
ANIMALS DEAD TRANSPORTATION BY
VETERINARIAN
Additional requirements by State veterinarian.
17-269.140
ANIMALS DEAD TRANSPORTATION NUISANCES
Transportation nuisances to be avoided.
17-269.160
ANIMALS DEAD VEHICLES FOR TRANSPORTATION
Vehicles for transportation; how constructed.
17-269.130
ASHES DEFINITION
Defines:
Ashes;
Garbage;
Refuse;
Rubbish.
6-64.460
AUTHORITIES DEFINITION; POWERS
Authorities; definition of; powers to plan, lease and obtain land,
183
-------
MISSOURI
enter into contracts, borrow and receive money, make surveys,
carry out laws, sue and be sued, repair public works, utilities,
delegate powers.
7-99.420 and 99.420 Cum. Supp.
AUTHORITIES POWER TO COOPERATE
Two or more authorities may cooperate in a project.
100.560 Cum. Supp.
AUTHORITIES POWER TO DISPOSE OF
PROPERTIES
Power to dispose of properties; procedures.
7-99.450
AUTOMOBILE WRECKING YARDS; PENALTIES FOR
VIOLATION
Penalties for violations.
14-229.190, 14-229.200
AUTOMOBILE GRAVEYARDS DEFINITION
Defines:
Automobile graveyards;
Interstate system;
Junk;
Junkyard;
Primary system.
266.660 Cum. Supp.
BLIGHTED AREA DEFINITION
Defines:
Authority;
Land clearance for redevelopment authority;
Municipality;
Community;
Public body;
Area of operation.
7-99.320
BOARD OF ALDERMEN POWER TO CONTROL
INFECTIOUS DISEASES
Disease control; condemnation of property for public works.
7-79.380
BOARD OF ALDERMEN POWERS
Powers to regulate channels of watercourse, market places, parks;
powers to prevent encroachment of public ways.
7-79.390, 7-79.410
BOARD OF ALDERMEN REGULATION OF
SLAUGHTERHOUSES
Board shall regulate sanitation of slaughterhouses; manufacture of
noxious substances.
7-79.370
BOARD OF COMMISSIONERS APPOINTMENT
Board; appointment, qualifications; terms.
7-99.340
BOARD OF HEALTH
Powers to: quarantine;
184
POWERS AND DUTIES
inspect for sanitation food, buildings,
water facilities; abate nuisances; supervise burial of bodies,
animals.
7-96.030
BOTTLES THROWING ON HIGHWAY
Throwing bottles, glass, refuse on highways, navigable waters
prohibited; punishment.
38-564.480 and 564.480 Cum. Supp.
BUILDING OBSTRUCTING INSPECTOR
Hindering or obstructing inspector; penalty.
21-315.230
BUILDING PENALTY FOR VIOLATIONS BY
INSPECTOR
Penalty for violation by inspector.
21-315.220
BUILDING POWER OF CITY COUNCIL TO
REGULATE CONSTRUCTION
City Councils may regulate and control building construction.
7-77.500
CITY COUNCIL POWERS TO REGULATE
STOCKYARDS
Powers to regulate stockyards, slaughterhouses.
7-77.560
CITY COUNCIL SANITARY REGULATORY POWERS
Regulations for prevention of disease, hospitals, waterworks,
sewers, cemeteries, nuisances.
7-77.5^0
CONDEMNATION OF PRIVATE PROPERTY
AUTHORITY
City authority to condemn property.
7-88.010
CONDEMNATION OF PROPERTY AUTHORITY OF
CITIES
Authority to condemn properties; procedures.
7-88.073
CONDEMNATION OF PROPERTY THIRD CLASS
CITY
Procedure for private property condemnation.
7-55 497
CONDEMNED LAND POSSESSION
Possession of condemned land; when.
7-74.5.? 7
COUNTY ACQUIRING LAND FOR LANDFILLS
Land acquired for recreational and sanitary landfill purposes; tax
levy (class one counties).
6-64.320
COUNTY MASTER PLAN
Master plan, contents, hearings, adoption; master plan for class
two and three counties; hearings; contents; adoption.
6-64.815, 6-64-550
-------
MISSOURI
COUNTY HEALTH AND WELFARE PROGRAMS
ORGANIZATION
Organization; regulations; duties.
205.190 Session Laws
DISPOSAL PLANTS SUSPENSION OR REVOCATION
OF LICENSES
Suspension or revocation of licenses; procedure; right of appeal.
17-269. J10
COUNTY PLAN COUNTY COURT PROVISION
County court may provide for county plan; when; county
planning commission
6-64.510
DISTRICTS BOUNDARIES
Establishment of original districts; notice; hearings; powers of
county courts.
6-64.265
COUNTY PLANNING AND ZONING PROGRAMS
CREATION
Authority and procedures for creating planning and zoning
program.
6-64.885
COUNTY PLANNING COMMISSION CREATION
Procedures for creation of planning commission.
6-64.010
COUNTY ZONING ADJUSTMENT BOARD POWERS
Board powers; members; organization; duties; appeals.
6-64.120
DAMS PUBLIC NUISANCE
Declaring dams public nuisances.
14-236.240
DITCH OBSTRUCTION
Penalty for obstructing ditches; inspection of lands.
15-244.130
DITCH DRAINAGE OBSTRUCTION
Obstruction, impairment, destruction of drainage ditches; penalty.
15-246.210
DITCH SEWERS ENCLOSURE REQUIREMENT
Sewers and ditches in certain class one counties near recreation
areas to be enclosed; failure a nuisance; penalty.
6-64.300
DIVISION OF HEALTH ENFORCEMENT OF LAWS
Enforcement of certain laws by director; records; contents.
21-315.030
DEPARTMENT OF HEALTH CREATION
Creation of under supervision of Board of Health.
7-96.0/0
DIVISION OF HEALTH RULES; LICENSE
Division to promulgate rules, regulations; inspect licensed areas.
6-64 477
DISPOSAL PLANTS EXCEPTIONS
Exceptions to chapter on disposal plants.
17-269.200
DISPOSAL PLANTS FAILURE TO SECURE LICENSE
Failure to secure license; punishment.
77-269.2/0
DISPOSAL PLANTS INSPECTION
Requirement for inspections.
77-269.790
DISPOSAL PLANTS LICENSES
License required to transport or operate disposal plant.
17-269.030
DISPOSAL PLANTS LOCATION
Location of plants; restrictions; exceptions.
77-26P.770
DISPOSAL PLANTS PENALTY FOR VIOLATIONS
Violations of law; penalties.
/ 7-269.220
DIVISION OF HEALTH WATER QUALITY
STANDARDS
Division to make rules to insure quality of drinking water.
/2-792./50
DRAINAGE OR LEVEE DISTRICTS OFFENSE
REPORTING
Offenses reported; to whom; information filed.
15-246.240
DUMPING UNLICENSED AREA
Dumping in unlicensed areas prohibited.
6-64.463
DUMPING GROUND VIOLATION OF LAWS
Violation of laws misdemeanor.
6-64.487
DUMPING GROUND WHEN REGULATIONS
INOPERATIVE
Law inoperative until county court orders; notice, hearing.
6-64.483
DISPOSAL PLANTS SPECIFICATIONS
Specifications for disposal plants.
17-269.180
DUMPING GROUND LICENSE APPLICATION
Application for dumping ground license; fee.
6-64.467
185
-------
MISSOURI
DUMPING GROUND LICENSE DIVISION OF
HEALTH APPROVAL
Approval of area by division; court to issue license; renewal of
license.
6-64.470
DUMPING GROUND LICENSE REVOCATION
Revocation procedure.
6-64.473
HEALTH AND WELFARE PUBLIC PROVISIONS
Powers; provision for public health, welfare; sanitation reg-
ulations.
7-74.133
HOTELS INSPECTION
Inspection of hotels, inns, boarding houses; duties of health
inspector.
12-192.090
EMINENT DOMAIN
Authorities may exercise power of eminent domain.
100.420 Cum. Supp.
EMINENT DOMAIN ACQUISITION AUTHORITY OF
MUNICIPAL HOUSING
Authority to acquire property.
7-99.120
EMINENT DOMAIN MUNICIPALITIES
Powers; civil service; eminent domain within and without city.
7-74.757
EMINENT DOMAIN PROCEDURE
Power of eminent domain; procedures.
99-460
FACTORIES FINE FOR OFFENSES
Operating offensive factories; fines.
38-564.040
GARBAGE COLLECTION
Garbage, refuse collections and disposal; contracts for; disposal
facilities; acquisition; bond issue; contracts.
71-680 Cum. Supp.
GARBAGE DEFINITION
Defines: Garbage.
/ 7-266.410
GARBAGE FEEDING PERMIT
Permit required for feeding garbage; fee; issuance of permit.
17-266.430
GARBAGE UNTREATED NOT TO BE FED
Untreated garbage not to be fed; exception. !CT 17-266.420
HEALTH AND SANITATION DEPARTMENT POWERS
AND DUTIES
Department powers to: enforce health laws; require examinations;
approve rules.
7-74.417
HEALTH AND WELFARE BOARD APPOINTMENT
Board of trustees; appointment.
96.160 Session Laws
HEALTH AND WELFARE ORGANIZATION OF
BOARD
Organization; rules, regulations.
96.180 Session Laws
186
HOUSING AUTHORITY CREATION
Creating a housing authority; need of, how determined.
7-99.040 and 99.040 Session Laws
HOUSING PROJECTS SUBJECT TO LOCAL
REGULATION
Projects subject to planning; zoning, sanitary, building laws.
7-99.130
JUNKYARDS LICENSE PROCEDURES; FEES
Procedures for obtaining licenses; fees.
226.670 Cum. Supp.
JUNKYARDS PENALTY FOR UNSCREENED NEAR
ROAD
Unscreened junkyard near road prohibited; penalty.
226.720 Cum. Supp.
JUNKYARDS PROHIBITED FROM CERTAIN AREAS
Certain areas prohibited; exceptions.
226.680 Cum. Supp.
JUNKYARDS RULES AUTHORIZED; INJUNCTIVE
RELIEF
Highway department may regulate junkyards; injunctions
authorized.
226.700 Cum. Supp.
JUNKYARDS SCREENING REMOVAL
Screening provision; removal procedures.
226.690 Cum. Supp.
JUNKYARDS AUTOMOBILE PROHIBITIONS
Automobile wrecking and junkyards prohibited near roads;
exceptions.
74-229.180
JUNKYARDS UNLICENSED PENALTY
Penalty for violation.
226.710 Cum. Supp.
LEVEE AND DRAINAGE DISTRICTS
CONDEMNATION
Lands may be condemned; when; petitions; parties.
523.010 Session Laws
MUNICIPAL HOUSING AUTHORITIES POWERS
Authority to constitute municipal corporations; powers.
7-99 080
-------
MISSOURI
MUNICIPAL HOUSING AUTHORITY EMPOWERED
TO JOIN
Authorities may join, cooperate.
7-99.110
NUISANCE ABATEMENT
Health Commissioner: powers to abate nuisances; conditions;
procedures; punishment.
7-74.425
NUISANCE PUBLIC DETERMINED BY COURT
Nuisances determining by court; procedure.
38-564.080
PLANNING CITY CONTENTS OF PLAN
City plan contents; zoning plan.
89.340 Cum. Supp.
PLANNING CITY PURPOSE OF PLAN
Plan; preparation procedures; purposes.
89.350 Cum. Supp.
PLANNING COMMISSION APPROVAL OF
IMPROVEMENTS
Commission to approve improvements; disapproval; overruled;
how.
89-380 Cum. Supp.
PLANNING COMMISSION MASTER PLAN
Master plan of county; contents; hearings; adoption.
6-64.040
PLANNING COMMISSION POWERS AND DUTIES
Commission rules; employees; expenses; general powers.
6-64.810, 6-64540
PLANNING COMMISSION POWERS;
RECOMMENDATIONS
Powers to recommend plans concerning public projects.
89.370 Cum. Supp.
PLANNING COMMISSION SUBDIVISIONS OF LAND
Regulations for subdivisions of land; contents; public hearings.
89.410 Cum. Supp.
POLLUTION AIR CONTROL BY POLITICAL
SUBDIVISIONS
Political subdivisions may control air pollution.
203.140 Cum. Supp., 203.140 Session Laws
POLLUTION AIR POLITICAL SUBDIVISIONS
EXEMPTED
Provision for exemption of political subdivisions.
203.150 Cum. Supp., 203.150 Session Laws
POLLUTION WATER COST OF COMMON SEWER
Costs of common sewer district met; how.
204.360 Session Laws
POLLUTION WATER DEFINITION
Defines:
Board;
Industrial Wastes;
Other Wastes;
Person;
Pollution;
Sewage;
Waters of the State.
12-204.010
POLLUTION WATER PENALTY FOR VIOLATION
Violations of law or order of board; penalties.
12-204.170
POLLUTION WATER POLICY
Policy on water pollution declared.
12-204.020
POLLUTION WATER PROHIBITION
Water pollution unlawful; waste and sewage discharge regulated;
permits required; revocation; notice.
12-204.030
POLLUTION WATER SEWER DISTRICT
INCORPORATION
Incorporation of common sewer districts in certain areas.
204.250 Session Laws
PROPERTY CONDEMNATION OUTSIDE CITY
LIMITS
Condemnation of property outside city limits.
7-88.077
PUBLIC HEALTH AND WELFARE DEPARTMENT
PURPOSE
Purpose of department; establishment; divisions.
12-191.010
RAILROAD TRACK PENALTY FOR OBSTRUCTION
Penalty for obstruction of track.
38-564.360
REDEVELOPMENT PLAN PREPARATION AND
APPROVAL
Preparation of redevelopment, renewal plans.
99.430 Cum. Supp.
SANITARY DRAINAGE DISTRICTS BOUNDARIES
Distr.ct boundaries determined; general provisions.
15-248.020
POLLUTION WATER
TRUSTEES
Board of trustees; staff.
204-300 Sess. Laws.
APPOINTMENT OF BOARD OF
SANITARY DRAINAGE DISTRICTS ESTABLISHMENT
Establishment of districts authorized; petition; by whom;
contents.
15-248.010
187
-------
MISSOURI
SANITARY ENGINEER APPOINTMENT; DUTIES
Engineers: appointment; oath; reports; contents.
15-249.040
SEWER DISTRICTS ORGANIZATION PETITION
Petition procedure for sewer district organization.
15-249.010
SLAUGHTERHOUSES FINES FOR OFFENSES
Offensive slaughterhouses fined.
38-564.0 30
SMOKE CONTROL NEAR STATE BUILDING
Control near State building.
38-564.050
WATER POLLUTION BOARD ENFORCEMENT
POWERS
Investigation of violations; enforcement actions.
12-204.100
WATER POLLUTION BOARD MEMBERS
APPOINTMENT
Board members; appointment; terms; expenses; meetings;
organization.
12-204.070
WATER POLLUTION BOARD POWERS
Board powers to: conduct research; cooperate with Federal
agencies; enter into agreements, compacts.
12-204.090
SMOKE EMISSION A MISDEMEANOR
Smoke emission; abatement; fine.
38-564.060
SMOKE NUISANCE PENALTY
Penalty for smoke nuisance; enforcement.
7-71.760, 7-71.770
STREAM PENALTIES FOR POLLUTION
Penalties for polluting streams, watercourses.
38-564.010
SWINE GARBAGE FED INJUNCTION
Injunction to enforce rules of sale, transportation.
17-266.450
SWINE GARBAGE FED SALE; TRANSPORTATION
Sale, transportation, purchase of garbage fed swine prohibited.
; 7-266.440
SWINE GARBAGE FED VIOLATIONS
Violation of provision a misdemeanor; what constitutes offense.
17-266.460
TIMBER DISPOSAL OF CONDEMNED PRODUCTS
Disposal of condemned products.
17-280.110
TOURIST CAMPS INSPECTION
Division of Health must inspect tourist camps, resorts.
21-315.240
VACANT LAND DEVELOPMENT
Development of vacant land; when.
7-99.470
WATER POLLUTION BOARD COOPERATION WITH
UNITED STATES
Authority of Board to cooperate with Federal government.
12-204.120
WATER POLLUTION BOARD DUTIES
Duties of Board to: survey waters; prepare plan; pass rules; hold
hearings; establish purity standards; conduct investigations.
12-204.080
188
WATER RESOURCES BOARD DUTIES AND
POWERS
Board powers to: collect data; accept gifts; grants; investigate.
256.200 Cum. Supp.
WATERCOURSES OBSTRUCTION UNLAWFUL
Obstruction of watercourses; a misdemeanor; penalty.
38-560.545
WATERS LITTERING
Littering waters; injuring plants; selling in State parks mis-
demeanor.
560.473 Cum. Supp.
ZONING ADJUSTMENT BOARD POWERS
Board members; organization; appeal to; procedure; powers.
6-64.870
ZONING DISTRICTS CREATION
Zoning districts; creation; regulations.
6-64.261
ZONING REGULATION PREVAIL OVER OTHER
LAWS
Zoning regulations to prevail over other laws.
6-64.880
ZONING REGULATIONS PROCEDURE FOR
AMENDMENT
Amendment procedures; protests.
6-64.140
ZONING REGULATIONS REGULATIONS SHALL
GOVERN
Regulations govern; when.
6-64.130
ZONING REGULATIONS SUPERSEDE OTHER LAWS
Regulations to supersede other laws; when.
64-285
ZONING REGULATIONS VIOLATIONS ARE
MISDEMEANORS
Violations constitute misdemeanors; enforcement of regulations.
6-64.895
-------
MISSOURI
ZONING VIOLATIONS MISDEMEANOR
Violations of law; misdemeanor; civil remedies.
6-64.295
189
-------
-------
MONTANA
ANIMALS DEAD PROHIBITION AGAINST DUMPING
Prohibition against dumping dead animal carcasses in water, on
highways, etc.; misdemeanor.
94-3542
COAL SLACK DEPOSITING IN STREAMS
Prohibition against depositing coal slack or refuse in streams.
94-3551
COAL SLACK PENALTY FOR DEPOSITING IN
STREAMS
Penalty for depositing coal slack or refuse in streams.
94-3552
DEPARTMENT OF HEALTH STATE
ESTABLISHMENT
Establishment of State Department of Health.
69-4101
GARBAGE DISPOSAL
Prohibition against dumping garbage in unlicensed areas.
69-4003
GARBAGE DISPOSAL ON HIGHWAYS
Prohibition against dumping garbage, dead animals or refuse on
highways, public recreational property or private property;
penalty; enforcement.
32-4410 Cum. Supp.
GARBAGE AND ASH COLLECTION TAX
Creation of garbage and ash collection districts by board of
county commissioners; levy of tax; rates in lien of taxes.
16-1031
GARBAGE AND ASHES COLLECTION POWERS OF
TOWN COUNCIL
Power of town council to provide for garbage and ashes collection,
snow removal and street cleaning; special taxes.
11-909
GARBAGE FEEDING TO SWINE APPLICATIONS
FOR LICENSES
Application to livestock sanitary board for license.
46-2603
GARBAGE FEEDING TO SWINE ENTRY OF
PREMISES FOR INSPECTION
Authorized representative of livestock sanitary board may enter
premises to inspect conditions relating to feeding garbage to
swine; examination of records.
46-2605
GARBAGE FEEDING TO SWINE LICENSES
License requirement for feeding garbage to swine; fees;
exceptions.
46-2602
GARBAGE FEEDING TO SWINE PENALTIES
Penalties for violation of provisions regulating the feeding of
garbage to swine.
46-2611
GARBAGE FEEDING TO SWINE PROHIBITION OF
USE OF AIRPLANE GARBAGE
Prohibition of use of garbage removed from airplanes as feed for
swine.
46-2610
GARBAGE FEEDING TO SWINE RESTRAINING
OPERATION
Power of livestock sanitary board to restrain the operation of
garbage feeders; hearing; right of appeal; notice.
46-2606
GARBAGE FEEDING TO SWINE REVOCATION OF
LICENSE
Power of livestock sanitary board to revoke license of garbage
feeder; notice; appeal.
46-2607
GARBAGE FEEDING TO SWINE RULES AND
REGULATIONS
Power of livestock sanitary board to promulgate regulations
concerning feeding garbage to swine.
46-2604
GARBAGE FEEDING TO SWINE DEFINITION
Definitions of garbage, person, and garbage feeder.
46-2601
GARBAGE FEEDING TO SWINE TREATMENT
Cooking or treatment of garbage to be fed to swine.
46-2609
191
-------
MONTANA
JUNKYARDS ADJACENT TO HIGHWAYS
AUTHORITY TO ACQUIRE LAND
Commission may acquire land for screening or removal of
junkyards.
32-4520 Cum. Supp.
JUNKYARDS ADJACENT TO HIGHWAYS
INJUNCTION
Injunction against non-conforming junkyards to abate as
nuisance.
32-4521 Cum. Supp.
JUNKYARDS ADJACENT TO HIGHWAYS ISSUANCE
OF LICENSE
Authority of commission to issue licenses; fee; term; renewal.
32-4516 Cum. Supp.
JUNKYARDS ADJACENT TO HIGHWAYS LOCATION
Screened junkyards, areas zoned industrial, areas not visible from
highway are permitted near highway.
32-4517 Cum. Supp.
JUNKYARDS ADJACENT TO ROADS DEFINITIONS
Interstate system;
Primary system;
Junk;
Junkyard;
Automobile graveyard.
32-4514 Cum. Supp.
JUNKYARDS ADJACENT TO ROADS LICENSING
Prohibition of operating junkyard adjacent to certain highways.
32-4515 Cum. Supp.
POLLUTION WATER DEFINITION
Sewage;
Industrial waste;
Other waste;
Contamination;
Pollution;
Sewerage system;
Treatment works;
Disposal system;
State waters;
Person;
Council.
69-4802
POLLUTION WATER DUTIES OF STATE BOARD OF
HEALTH
Duties of State Board of Health as to water pollution including
regulation of permits for collection of wastes.
69-4808
POLLUTION WATER PERMITS
Water pollution unlawful; certain activities requiring permit.
69-4806
192
POLLUTION WATER POWERS AND DUTIES OF
COUNCIL
Powers and duties of State Water Pollution Control Council.
69-4813
POLLUTION WATER POWERS AND DUTIES OF
STATE DEPARTMENT OF HEALTH
Powers of State Department of Health concerning permits and
collection of information relating to water pollution.
69-4809
POLLUTION WATER PUBLIC POLICY
Public policy of State concerning water pullution.
69-4801
POLLUTION WATER STATE CONTROL COUNCIL
Creation of State Water Pollution Control Council; members;
appointment and terms of office.
69-4810
REFUSE DISPOSAL AREAS APPROVAL BY STATE
DEPARTMENT OF HEALTH
Inspection and approval of plans for refuse disposal area by State
Department of Health; license.
69-4005
REFUSE DISPOSAL AREAS DEFINITIONS
Definitions of garbage, refuse and rubbish.
69-4002
REFUSE DISPOSAL AREAS LEGISLATIVE POLICY
Public policy as to refuse disposal areas.
69-4001
REFUSE DISPOSAL AREAS LICENSING
License requirement to operate refuse disposal area; application;
fee.
69-4004
REFUSE DISPOSAL AREAS PENALTY
Penalty for violating act covering refuse disposal areas.
69-4009
REFUSE DISPOSAL AREAS RULES AND
REGULATIONS
Rules and regulations for operation of refuse disposal areas; to
provide sanitary standards; inspections and recommendations.
69-4007
REFUSE DISPOSAL DISTRICTS CREATION
Commissioners authority to create refuse disposal district;
inclusion of cities and towns; resolution of intention.
69-6003
REFUSE DISPOSAL DISTRICTS DEFINITIONS
Commissioners;
Family residential unit;
Refuse;
Refuse disposal district.
69-6002
-------
MONTANA
REFUSE DISPOSAL DISTRICTS FEES FOR SERVICE
Commissioner to establish fee; maintenance assessments.
69-6007
REFUSE DISPOSAL DISTRICTS POWERS OF
BOARD
Enumerated powers of board of directors of refuse disposal
district.
69-60/0
RENDERING PLANTS DEAD OR FALLEN ANIMAL
RECORDS
Official form for person requesting removal of dead animal.
46-2409
RENDERING PLANTS RULES AND REGULATIONS
Authority of livestock sanitary board to promulgate rules and
regulations for rendering plants.
46-2402
RENDERING PLANTS TAGGING OF DEAD ANIMALS
Tagging of dead or fallen animals with serially numbered
identification tags.
46-2410
TIMBER SLASHINGS DISPOSAL
Removal of slashing and debris incident to timber cutting
operations; disposal by State forester; withholding of purchase
money for timber until slash disposed of.
28-402
RENDERING PLANTS DEFINITIONS
Definitions of dead or fallen animal and licensed rendering plant
and licensed renderei.
46-2407
RENDERING PLANTS IDENTIFICATION TAGS
Licensed rendering plants to have serial-numbered identification
tags.
46-2408
RENDERING PLANTS INSPECTION OF HIDES TO
BE DISPOSED
Inspection of hides to be disposed of by rendering plants; filing of
dead animal record.
46-2412
RENDERING PLANTS LICENSE REVOCATION
Power of livestock sanitary board to revoke license of rendering
plant; notice; appeal of licensee.
46-2404
RENDERING PLANTS LICENSING
Requirement of license to operate rendering plant for disposal of
animal bodies; license fee.
46-2401
RENDERING PLANTS PENALTIES
Penalties for operation of rendering plant without license or in
violation of restraining order. Penalties provided for violation of
laws relating to dead animal records and identification tags.
46-2406, 46-2413
RENDERING PLANTS PRODUCTION OF DEAD
ANIMAL RECORD ON DEMAND
Licensed Tenderer to produce records on demand by proper
authorities; animal not to be removed during transportation
investigation.
46-2411
RENDERING PLANTS RESTRAINING ORDER
Power of livestock sanitary board to issue restraining order against
operation of rendering plants; hearing; notice; right of appeal.
46-2403
TIMBER SLASHINGS DISPOSAL; INJUNCTION;
LIEN; ENFORCEMENT
Injunction against cutting timber until slash disposed of; disposal
by State Forester; lien for costs.
28-407
WEED CONTROL APPOINTMENT OF SUPERVISORS
Appointment of weed control extermination supervisors; term of
office; compensation.
16-1713 Cum. Supp.
WEED CONTROL DEFINITIONS
Noxious weeds.
16-1701
WEED CONTROL DESTRUCTION OF WEEDS BY
SUPERVISOR
Destruction of weeds by supervisor if notice not observed; noxious
weed fund; tax levy.
16-1715
WEED CONTROL DESTRUCTION OF WEEDS
MINGLED WITH CROP
Power of supervisors to destroy crop mixed with weeds; extension
of order to destroy for one year.
/6-/7/6
WEED CONTROL EMBARGO AGAINST NOXIOUS
WEED SEEDS
Power of Commissioner of Agriculture to declare embargo against
out-of-State farm products and seeds.
/ 6-1708
WEED CONTROL EXTERMINATION DISTRICTS
Definition of weed control and extermination district.
16-1703
WEED CONTROL FURNISHING OF MATERIALS
Power of supervisors to purchase materials for effective control
program; noxious weed fund; costs charged to landowner.
16-1718
WEED CONTROL INSPECTION OF PREMISES
Power of supervisors to inspect premises; notice to occupant.
16-1714
193
-------
MONTANA
WEED CONTROL NOXIOUS WEED FUND WEED CONTROL PUBLIC HIGHWAYS AND LAND
Creation of noxious weed fund by county commissioners; Duty of supervisors to control noxious weeds on highways and
expenditure. county owned lands; paid from noxious weed fund.
16-1717 16-1719
WEED CONTROL NOXIOUS WEED SEEDS
Noxious weed seeds declared a common nuisance.
16-1702
WEED CONTROL PENALTIES WEED CONTROL QUARANTINE
Penalty for violation of weed control laws; fines placed in noxious Declaration of embargo against importation of certain farm
weed fund. products and seeds.
16-1722 16-1702
194
-------
NEBRASKA
ANIMAL CARCASSES DEPOSIT IN STATE WATERS
PENALTY
Unlawful for any person, association, or corporation to place the
carcass of any dead animal, fish or fowl in or near State waters;
penalty, fine per day of violation not more than one thousand
dollars.
37-5/7
ANIMALS ABANDONMENT OF SICK OR DISABLED
UNLAWFUL; PENALTY
To abandon to die any maimed, sick, or disabled animal is
unlawful; guilty of misdemeanor; penalty from five to fifty
dollars.
28-559
ANIMALS DEAD LICENSED RENDERING PLANTS
AUTHORIZED TO TRANSPORT REGULATIONS
Licensed rendering establishment is authorized to transport over
any public highway the carcasses of domestic animals that died of
disease; conditions; trucks disinfected; lined with impervious
material, license may be revoked.
54-739 Cum. Supp.
ANIMALS DEAD FROM ANTHRAX REMOVAL OF
CARCASS
Transportation of animals that died of anthrax or suspected of
having died from anthrax from any premises where animal died is
hereby prohibited; skinning of use of their flesh for food of other
livestock also prohibited.
54-762
ANIMALS DEAD FROM ANTHRAX DISPOSITION OF
CARCASSES; DISINFECTION OF PREMISES
Owner of animal or animals which died of anthrax must destroy
and bury or burn carcasses. Department of Agriculture shall
supervise disposition and see that premises are disinfected.
54-757 Cum Supp.
ANIMALS DISEASED DESTRUCTION; DUTY TO
DISPOSE OF CARCASSES
Owner of domestic animal killed by order of Department of
Agriculture must dispose of carcass in manner described by
department; if owner is unknown ar absent from premises, carcass
disposed of at expense of county in which carcass is located.
54-743
ANIMALS DISEASED MANNER OF DISPOSITION
OF CARCASSES
Owner of any domestic animal which dies of any infectious
disease must bury carcass within thirty-six hours after knowledge
of death at least four feet below surface of ground; or must burn
carcass completely on premises; or have disposed of by licensed
establishment.
54-744
ANIMALS DOMESTIC DISPOSITION OF UNBURIED
CARCASSES BY SHERIFF; EXPENSES
County Sheriff is authorized to enter upon any premises to cause
burial of carcass of domestic animal after notice that any such
carcass has remained unburied in violation of provisions; owner of
animal liable to county for expense of burial.
54-745
ANIMALS DOMESTIC PREVENTION OF DISEASES;
POWER OF DEPARTMENT OF AGRICULTURE
Department of Agriculture shall control and eradicate dangerous
diseases among domestic animals; shall kill any animal infected
with such disease.
54-701 Cum. Supp.
ANIMALS DOMESTIC AFFECTED WITH FOOT AND
MOUTH DISEASE DESTRUCTION OF;
REIMBURSEMENT
When inspector of Department of Agriculture finds any domestic
animal affected with foot and mouth disease, animal's value to be
determined and animal destroyed; owner reimbursed.
54-726
ANIMALS DOMESTIC AFFECTED WITH GLANDERS
OR DOURINE DESTRUCTION; REIMBURSEMENT
Any horse or mule found by inspector of Department of
Agriculture to be affected with glanders or dourine shall, after its
value is determined, be destroyed; owner reimbursed.
54-725
ANIMALS DOMESTIC FEEDING OF GARBAGE TO
PERMIT
Department of Agriculture shall require any person before feeding
garbage to swine to have permit and inspection of premises;
permit fee.
54-753.03
ANIMALS DOMESTIC FEEDING OF GARBAGE TO
UNLAWFUL; EXCEPTIONS; PERMIT
No person shall feed garbage to animals unless garbage is cooked
in plants approved by Department of Agriculture; plant shall be in
sanitary condition; shall not create nuisance in neighborhood;
195
-------
NEBRASKA
permits required, may be revoked; trucks transporting raw
garbage subject to certain requirements.
54-753.02 through 54-753.09 Cum. Supp.
ANIMALS TUBERCULIN REACTORS DESTRUCTION
OF; OWNER COMPENSATED
Whenever any bovine animal has reacted to tuberculin test,
Department of Agriculture shall have animal branded, quar-
antined and slaughtered; owner compensated in money.
54- 715 Cum. Supp.
BOARD OF HEALTH POWERS AND DUTIES IN
SECOND-CLASS CITIES
Second-class cities may make regulations to control disease, and
create board of health of four members to enact laws, rules, and
regulations.
17-121
BOARD OF HEALTH VILLAGE POWERS AND
DUTIES
Village board of trustees shall appoint a board of health consisting
of three members to enact rules to safeguard health of people of
village and prevent nuisances and unsanitary conditions; board of
health shall enforce rules and provide penalties for violation of.
77-205
BOARD OF PUBLIC WORKS CREATION IN
SECOND-CLASS CITIES
City council may create board of public works to oversee
waterworks, power plants, sewage systems, etc.
17-801
BOARD OF PUBLIC WORKS POWERS AND DUTIES
IN SECOND-CLASS CITIES
Board of public works directs and supervises all public utilities.
17-802
BOARD OF TRUSTEES POWERS IN SECOND-CLASS
CITIES
Board of trustees has power to pass ordinances to prevent and
remove nuisances of many kinds (enumerated) and set penalties.
77-207
BODIES DEAD DISPOSAL BY CORONER
Coroner shall deliver dead bodies to friends of deceased or if
none, to bury body at public expense.
23-1816
BODIES HUMAN UNLAWFUL TO ABANDON
Unlawful for any person to throw away or abandon any dead
human body in any place other than a regular place for burial and
under proper death certificate.
28-1033
BRUCELLOSIS VACCINE FOR DOMESTIC ANIMALS
USE RESTRICTED TO ACCREDITED VETERINARIANS;
PERMIT; DESTRUCTION OF ANIMALS
For protection of Nebraska cattle industry, it is necessary to
confine official administration of brucellosis vacine to accredited
veterinarians; such veterinarians shall have permit. Animals with
196
brucellosis shall be destroyed and owner may be compensated in
money.
54-1332 Cum. Supp.
BUILDING CONDEMNATION OR ORDER TO
REPAIR BY STATE FIRE MARSHALL; VIOLATION OF
ORDER; PENALTY
State fire marshall shall order to be condemned any building
which by reason of certain defects is especially liable to fire; if
marshall wishes to condemn a building for any other cause than
fire, he must obtain a written report from a building contractor,
licensed architect or engineer stating reasons why building should
be condemned; if fire marshall orders a building to be repaired
and order is violated, owner is guilty of misdemeanor; penalty; jail
or fine.
81-513
BUILDING CONDEMNED DEMOLITION OR REPAIR
BY STATE FIRE MARSHAL
If owner of condemned building fails to comply with order of
condemnation, State Fire Marshal shall cause building to be
demolished or repaired; when demolished, may sell and dispose of
salvage materials at public auction; owner responsible for
expenses.
81-519
BUILDING UNSAFE DESTRUCTION BY CITIES OF
METROPOLITAN CLASS
City council, in cities of metropolitan class, shall have power to
order, in areas with three miles of corporate limits, removal and
tearing down of buildings, dwellings, and other structures except
farms, which constitute nuisances because of the dilapidated,
unsafe conditions.
14-419 Cum. Supp.
BUILDING UNSAFE DESTRUCTION BY CITIES OF
PRIMARY CLASS
Every city of primary class has power to order removal and tearing
down of buildings, dwellings, and other structures, except farms,
which constitute nuisances because of the dilapidated, unsafe, or
rundown conditions.
75-905 Cum. Supp.
BURIAL STRUCTURES BUILDING PLANS AND
SPECIFICATIONS
Plans and specifications shall provide that structure be of best
quality materials and be constructed to insure safety, convenience,
comfort, and health of community in which it is located.
72-60S
BURIAL STRUCTURES CERTIFICATION BY
DEPARTMENT OF PUBLIC HEALTH
Any firm, person, partnership or corporation must by law before
constructing public burial structure submit to Department of
Health plans and specifications for structure, must obtain a
certificate of approval and have it filed with office of clerk of
county in which structure is to be erected.
72-607
BURIAL STRUCTURES CONSTRUCTION
No person, firm, corporation, or association shall construct any
-------
NEBRASKA
public burial structure, wholly or partially above surface of
ground, unless structure shall be located within a cemetery which
has been in operation at least five years; plans and specifications
must be approved by Department of Health.
12-606
BURIAL STRUCTURES FINAL CERTIFICATION BY
DEPARTMENT OF HEALTH
No burial structure erected under provisions of this act shall be
used until there has been obtained from the Department of Health
a final certificate, signed; certificate filed with clerk of county in
which structure is located.
12-611
BURIAL STRUCTURES INSPECTION BY
DEPARTMENT OF HEALTH DURING CONSTRUCTION
Any person, firm, partnership, or corporation erecting any public
burial structure shall after obtaining approval of plans and
specifications permit during construction the Department of
Health to come upon premises of construction to examine various
steps of construction.
12-609
BURIAL STRUCTURES SUPERVISION OF
CONSTRUCTION BY DEPARTMENT OF HEALTH
Department of Health, before issuing any certificate approving
plans or specifications for construction of burial structure, shall
examine plans and be sure that materials are of best quality;
provide that construction be under supervision of an inspector
appointed by department.
12-610
CITY PLANNING METROPOLITAN CLASS CITIES
Metropolitan class cities required to prepare plans for future
development; authorized to establish planning boards.
14-3 73
CLEAN WATERS COMMISSION AID TO
MUNICIPALITIES
Commission may advise any municipality on planning or
financing of waterworks, waste water treatment plants, solid waste
disposal facilities to meet State or Federal water pollution control
regulations.
71-4207 Cum. Supp.
CLEAN WATERS COMMISSION CREATION
Nebraska Clean Waters Commission created as a State agency
with five members appointed by Governor; officers and terms
explained.
71-4202 Cum. Supp.
CLEAN WATERS COMMISSION POWERS
Powers of Commission include, among others, accepting Federal
and State loans and grants and administering grants to
municipalities for construction of waterworks, waste water
systems, and solid waste disposal systems.
71-4206 Cum. Supp.
CLEAN WATERS COMMISSION PURPOSES
Purpose of Commission is to assist municipalities in planning and
financing waste water treatment and collecting systems, solid
waste disposal facilities, and to provide financing arrangements in
order for municipalities to participate in State and Federal water
pollution control programs.
71-4205 Cum. Supp.
CLEAN WATERS COMMISSION ACT
Act defines terms, creates commission, sets membership terms,
outlines powers and purposes, etc.
71-4201 through 71-4234 Cum. Supp.
DEBRIS, REFUSE, DISCARDED MATERIAL
DEFINITIONS
Lands, premises or property shall also include any barrow-pit or
right-of-way, whether the same are public or private property, and
any and all public property or places including streams and public
waters within the State.
28-590 Cum Supp.
DEBRIS, REFUSE, DISCARDED MATERIAL
VIOLATIONS; PENALTY
Any person violating provisions of section 28-591 shall be guilty of
a misdemeanor; if convicted punished by fine from twenty-five to
one hundred dollars or by jail.
28-592 Cum Supp.
DEBRIS, REFUSE, DISCARDED MATERIALS
UNLAWFUL ACTS; ENFORCEMENT OF ACT
Unlawful for any person to place, throw, deposit in any manner
any garbage, cans, bottles, debris, refuse or waste material, upon
any lands not belonging to such person; all law enforcement
officers shall enforce the provisions and make investigation of
violation.
28-591 Cum. Supp.
DEER OR ANTELOPE CAUSING DAMAGE TO
PROPERTY REMOVAL; DISPOSITION OF CARCASS
Game and Parks Commission is authorized, when written request
by property owner has been filed, to remove any deer or antelope
causing damage to real or personal property; carcasses offered to
local hospitals or Board of Control for use in institutions; or
carcasses sold or disposed of in any other manner.
37-215.01
DISPOSAL AREA LICENSE TO OPERATE
APPLICATION SUBMITTED TO DEPARTMENT OF
HEALTH
A person, partnership, corporation, governmental subdivision or
agency desiring a license to operate a disposal area shall make
application to Department of Health; contents of application and
fee for application.
71-4103 Cum. Supp.
DISPOSAL AREAS PROMULGATION OF RULES
AND REGULATIONS BY DIRECTOR OF HEALTH
Director of Health shall promulgate rules and regulations which
shall contain sanitary conditions for disposal areas.
71-4107 Cum. Supp.
197
-------
NEBRASKA
DISPOSAL SYSTEM DEFINITION
Disposal system means a system for disposing of wastes by surface
or underground methods.
71-3002(5) Cum. Supp.
DOGS DESTRUCTION OF BY SECOND-CLASS
CITIES
Second-class cities may license dogs, destroy those not licensed,
and prohibit running at large or other annoyances of dogs.
17-526
DRAINAGE DITCHES CLEANING
Board of supervisors empowered to clean and remove obstructions
from bed of any watercourse; to fill in, change direction or deepen
watercourses.
31-352
DRAINAGE DITCHES DEPOSIT OF DEBRIS
Any person or corporation depositing debris in drainage ditch is
guilty of misdemeanor; penalties and fines.
31-134
DRAINAGE DITCHES REMOVAL OF DEBRIS
Landowners and tenants required to clean dramange ditches each
year between March 1 and April 15.
31-224
DRUGS CONDEMNED DESTRUCTION
Any drugs condemned by court must be destroyed or sold if court
directs.
28-493 Cum. Supp.
DRUGS NARCOTIC DISPOSAL
All illegally possessed narcotic drugs shall be disposed of or
destroyed; may be given to Department of Health or to hospital.
28-464
ECONOMIC POISONS DEFINITION
Economic poison is any substance or mixture for preventing,
destroying or repelling insects, rodents, fungi, weeds, or as a plant
regulator, defoliant, or desiccant; further definitions of various
types.
2-2601(1)
ECONOMIC POISONS CONDEMNED DESTRUCTION
Any economic poison distributed, sold or transported within State
may be seized and condemned if adulterated or misbranded; if
condemned it shall be destroyed or sold.
2-2608
EMINENT DOMAIN ACQUISITION OF
WATERWORKS
Whenever electors of city vote to acquire public utilities including
waterworks, the city has power to exercise eminent domain.
14-376
EMINENT DOMAIN FIRST OR SECOND-CLASS
CITIES
Mayor and city council of first or second-class cities have power to
purchase or appropriate land for various purposes, including
198
sewers, wells, sewage disposal, etc.; condemnation and ap-
propriation subject to regulations.
79-709 Cum. Supp.
EMINENT DOMAIN PRIMARY-CLASS CITIES
Primary city authorized to acquire land or other real or personal
property necessary for public purposes, by gift, purchase,
condemnation, etc.
75-229 Cum. Supp.
EMINENT DOMAIN SANITARY AND IMPROVEMENT
DISTRICT
Whenever necessary, a sanitary and improvement district shall
have power to acquire right-of-way by exercise of eminent
domain.
31-714
EMINENT DOMAIN SECOND-CLASS CITIES
Second-class cities may take private property for public use,
including use for water or sewer systems; regulation for
condemnation.
77-559
EMINENT DOMAIN SEWER CONSTRUCTION
If any landowner refuses to allow sewer or drain construction on
his land, the city has power to acquire land by power of eminent
domain.
77-754
EMINENT DOMAIN SEWERAGE SYSTEMS AND
WATERWORKS
Cities may acquire private or public property by eminent domain
for building of sewerage systems and waterworks.
14-366
EMINENT DOMAIN WATERWORKS
CONSTRUCTION
Cities may acquire land by eminent domain for construction of
waterworks.
75-507
EXPLOSIVES TRANSPORTATION
Primary cities may regulate transportation of gunpowder or other
combustible materials.
75-255
EXPLOSIVES AND DANGEROUS SUBSTANCES
REMOVAL BY COUNTIES
County boards have power to abate or remove deposits of
explosives or inflammable materials which could endanger persons
or property; penalties for failure to remove.
23-335
FEED COMMERCIAL CONDEMNED DISPOSITION
Any lot of commercial feed that is condemned as not in
compliance with law shall be disposed of or destroyed, after court
ruling.
54-838
-------
NEBRASKA
FIRE HAZARDS ABATEMENT OF INCLUDING
RUBBISH
If State Fire Marshal finds on any premises combustible materials,
including rubbish, rags, or waste he can order removal or
abatement of fire hazard.
81-520
FISH, GAME, BIRD, OR ANIMAL ABANDONMENT
OR NEEDLESS WASTE UNLAWFUL; PENALTY
Any person who captures, kills, or destroys any fish, game bird, or
animal, who abandons or lets it be needlessly wasted, who fails to
dispose of in sanitary manner is guilty of misdemeanor; fine.
37-525
FLOODWAYS NATURAL OBSTRUCTIONS
Natural obstructions in floodways, such as fallen trees, silt, debris,
etc. may be removed by State Soil and Water Conservation
Commission.
2-1506.07 Cum. Supp.
FLOODWAYS OBSTRUCTIONS DECLARED PUBLIC
NUISANCE
Any artificial substance in any commission floodway shall be
declared a public nuisance.
2-1506.04 Cum. Supp.
FOOD DESTRUCTION CONDEMNED
Adulterated or misbranded food may be condemned by order of
district court; if condemned it must be destroyed under
supervision of State agent; decomposed or putrid food may be
declared public nuisance and destroyed.
81-217.16
FOOD TAINTED DESTRUCTION
Mayors or city councils shall have power to seize and destroy
tainted or unsound meat or food.
16-699
GARBAGE DEFINITION
Garbage means rejected food wastes, animal, fruit, or vegetable
matter intended for food.
71-4101(2) Cum. Supp.
GARBAGE DISPOSAL
No person shall dispose of any garbage at any place except
licensed disposal areas.
71-4102 Cum. Supp.
charge service rates; sites must be approved by Department of
Health; penalties for violation of regulations.
19-2101 through 19-2111
GARBAGE PENALTY FOR ILLEGAL DISPOSAL
Any person who disposes of garbage in unlicensed areas and other
violations is guilty of misdemeanor; penalty.
71-4109 Cum. Supp.
GARBAGE DISPOSAL AREA EXPIRATION AND
RENEWAL OF LICENSE
Licenses shall expire on October first annually and may be
renewed for fee.
71-4105 Cum. Supp.
GARBAGE DISPOSAL AREA REVOCATION OF
LICENSE
Director of Health may revoke license after hearing if area not
legally operated.
71-4106 Cum. Supp.
GARBAGE HOUSEHOLD DISPOSAL
Householder may dispose of garbage on his own land.
71-4108 Cum. Supp.
HEALTH AND SANITARY REGULATIONS
ADOPTION BY FIRST-CLASS CITIES
First-class cities may make regulations by ordinance to secure
general health, abate nuisances, control slaughterhouses and
stockyards, and fix or limit number of swine or cattle within city
limits.
16-240
HOST PLANTS DESTRUCTION BY DEPARTMENT
OF AGRICULTURE WHEN OWNER FAILS TO
DESTROY
Department of Agriculture and Inspection shall destroy trees
harboring disease known as orange or cedar rust of the apple
whenever owner refuses or neglects to destroy host plants, trees;
owner's expense.
2-1044
INTERLOCAL COOPERATION ACT PURPOSE
Act permits local governments to cooperate with other localities to
provide services and facilities for development of local com-
munities.
23-2201 Cum. Supp.
GARBAGE DISPOSAL BY COUNTIES
Each county may buy, construct, or maintain garbage disposal
systems or dumps; may purchase or appropriate lands for said
purpose; may enter agreements with city or village within county
to operate or maintain such a plant.
23-379 Cum. Supp., 23-380 Cum. Supp.
GARBAGE DISPOSAL IN FIRST-CLASS CITIES
First-class cities shall construct and maintain garbage disposal
plants and dumps and lease or take land for this purpose; can levy
taxes for this purpose; may issue bonds; enter into contracts;
JUNK ACCUMULATION
State or city Department of Health shall investigate complaints of
junk accumulation, and shall serve notice to remove. It is unlawful
for any property owner to accumulate junk on property not used
exclusively for agricultural purposes.
28-1037 Cum. Supp., 28-1036 Cum. Supp.
JUNK DEFINITION
Junk means scrap copper, iron, rope, rags, paper, rubber, wrecked
automobiles and other old or scrapped materials.
28-1035 Cum. Supp.
199
-------
NEBRASKA
JUNK FAILURE TO REMOVE ACCUMULATION
When property owner fails to remove accumulation of junk,
Department of Health shall ask county attorney to prosecute.
28-1038 Cum. Supp.
JUNK PENALTY FOR FAILURE TO REMOVE
ACCUMULATION
Any property owner failing to removejunk after court order shall
be guilty of misdemeanor; fines.
28-1039 Cum. Supp.
METROPOLITAN CLASS CITIES ADDITIONAL
POWERS AND DUTIES
Additional powers and duties of metropolitan class cities listed;
include regulation of public health, power to levy taxes, regulate
sale of foodstuffs, remove weeds, clean sidewalks, impound stray
animals, dispose of garbage, regulate cemeteries, set plumbing and
building regulations, and others.
14-102 (1-36) Cum. Supp.
MOTOR VEHICLE DESTRUCTION OF; SURRENDER
OF TITLE
Owners of motor vehicles dismantled or destroyed shall surrender
title to county clerk who issued it.
60-113
MUNICIPALITIES ESTABLISHMENT OF SEWERAGE
DISTRICTS
Any city has power to divide its territory into sewerage districts;
includes power to own, construct and operate such systems.
14-360
MUNICIPALITIES POWER TO CONSTRUCT
SEWAGE DISPOSAL SYSTEM
Any metropolitan city is authorized to own, construct, and operate
a sewerage system, including storm sewers and plants for
treatment of liquid or solid wastes; may levy taxes for this
purpose.
14-365.01
MUNICIPALITIES POWER TO CREATE PLANNING
COMMISSION
Any municipality is authorized to make, amend and carry out a
comprehensive municipal plan and appoint planning commission.
18-1302
MUNICIPALITIES SEWER AND WATER EXTENSION
DISTRICTS
Mayors and city councils may extend existing municipal sewer
and water services beyond city limits by establishment of
extension districts.
19-2402
NOXIOUS WEEDS CONTROL AND ERADICATION
DUTY OF DIRECTOR OF AGRICULTURE
Director shall determine which weeds are noxious; take all
necessary steps to control and eradicate; publish general and
individual notices to eradicate; penalties for failure to comply with
notices; power to quarantine land infested with noxious weeds.
2-954 Cum. Supp., 2-955 Cum. Supp.
200
NUISANCE ABATEMENT AND PREVENTION BY
PRIMARY-CLASS CITIES
Primary-class cities have power by ordinance to prevent anyone
from bringing or having in city dead carcass or putrid animals or
fish; can compel removal.
15-221
NUISANCE ABATEMENT BY CITY COUNCIL
City councils have power to define, regulate, suppress, and prevent
nuisances.
14-103
NUISANCE ABATEMENT BY SECOND-CLASS CITIES
AND VILLAGES
Second-class cities and villages shall have the power to regulate,
prevent and remove nuisances in residential areas and to designate
what shall be considered a nuisance.
17-556
NUISANCE ABATEMENT IN FIRST-CLASS CITIES
First-class cities may prevent anyone from bringing or having on
his premises, or anywhere in city, any carcass or putrid animal or
fish or any unwholesome substance, and compel removal;
provided substance does not endanger public health, morals,
safety.
16-231, 19-1201
NUISANCE ABATEMENT IN SECOND-CLASS CITIES
Second-class cities have power to make regulations to secure
general health, prevent or remove nuisances, and provide water.
17-123
NUISANCE DEFINITIONS
Nuisance includes erecting or using any building for any business
which causes noxious or offensive smells; the obstruction of any
navigable river or watercourse; the rendering unwholesome of any
watercourse; the maintaining of dilapidated buildings; or the
obstruction of any public highway.
28-1016 Cum. Supp.
NUISANCE INCLUDING AIR AND WATER POLLUTION
ABATEMENT POWERS OF PRIMARY-CLASS CITIES
Primary-class cities have powers to regulate abatement of
nuisances, including air and water pollution; other nuisances
listed.
15-237 Cum. Supp.
NUISANCE PLANTS POWER OF DEPARTMENT OF
AGRICULTURE TO ABATE
Whenever any owner of nuisance plants (definition section 2-1030)
who fails to remove, cut, destroy or completely eradicate nuisance
plants, the Department of Agriculture and Inspection may
proceed to abate such nuisance; department is authorized to treat,
remove, or destroy infested or infected plants.
2-1032
PLANNING COMPREHENSIVE SCHEME IN
PRIMARY-CLASS CITIES
Comprehensive planning scheme required to include existing and
proposed streets and other transportation routes, public parks,
schools, public utilities, urban renewal projects, and public
-------
NEBRASKA
buildings; shall also
provements plan.
15-1102
include land-use plan and public im-
or infested plants from being shipped into State; department shall
destroy such plants at owners' expense.
2-1002
PLANNING COUNTY COMMISSIONS
County boards shall appoint planning commissions to prepare and
adopt comprehensive development plans for improvement of
county.
23-114.01 Cum. Supp.
PLANNING MUNICIPAL COMMISSIONS
Municipal boards shall appoint planning commissions to prepare
and adopt comprehensive development plans for improvement of
municipality.
18-1306 Cum. Supp.
PLANNING COMMISSION CREATION IN PRIMARY-
CLASS CITIES
Primary-class cities required to create planning departments,
including planning commission, planning director, etc.
15-1101
POLLUTION DEFINITION
Pollution means contamination or alteration of physical, chemical
or biological properties of any State water so as to create a
nuisance or render waters harmful.
71-3002(1) Cum. Supp.
PRAIRIE DOGS EXTERMINATION
It is duty of State and any private land owner to totally
exterminate prairie dogs on land by November first of each year.
2-1063
PUBLIC GROUNDS DEPOSIT OF FOREIGN
SUBSTANCES
Any person who puts dead animal carcass or any spoiled meats or
fish or any putrid animals substances on any public lands or who
refuses to remove such substances shall be fined.
28-1014
PLANNING COMMISSION ELEMENTS OF
COMPREHENSIVE PLAN
Comprehensive development plan shall include land use plans,
location of roads, streets or highways, location and area of
community facilities such as schools and libraries; act outlines
general purposes of plan.
19-903 Cum. Supp.
PLANT DISEASES QUARANTINE;
TRANSPORTATION OR DISPOSITION OF INFECTED
PLANTS
Department of Agriculture and Inspection may issue permanent
order quarantining district of State infected by plant disease;
unlawful to transport or dispose of infected plants contrary to
conditions of department.
2-1004
PLANTS CONTROL OF NUISANCES
Department of Agriculture has power to inspect trees or plants
suspected of infection by insect or plant diseases constituting a
nuisance.
2-1031
PLANTS DESTRUCTION OF HOSTS BY
LANDOWNER
Department of Agriculture may order destruction of red cedar
trees infected with orange cedar rust by landowner.
2-1041
PLANTS DESTRUCTION OF NUISANCE
Any red cedar tree known to be infected with orange cedar rust is
declared public nuisance and shall be destroyed by owner.
2-1040
PLANTS INFECTED OR INFESTED SHIPMENT INTO
STATE; DESTRUCTION OF BY DEPARTMENT OF
AGRICULTURE AND INSPECTION
Department of Agriculture and Inspection shall prohibit infected
PUBLIC HEALTH AND SAFETY PROMOTION IN
METROPOLITAN CLASS CITIES
Metropolitan class cities may make all ordinances, rules and
regulations for promotion of public health and safety.
14-102.01 Cum. Supp.
QUARANTINED PLANTS AND PLANT PRODUCTS
DESTRUCTION
When department finds that any quarantined plants or plant
products has been disposed of under conditions contrary to those
of Department of Agriculture, department may dispose of plants
to prevent dissemination of plant disease.
2-1006
REFUSE DAILY REMOVAL FROM FOOD
PRODUCTION ESTABLISHMENTS
Any refuse existing in food production establishment shall be
removed daily.
81-2.112
REFUSE DEFINITION
Refuse means putrescible and nonputrescible solid waste
including garbage, rubbish, ashes, and other wastes.
71-4101(1) Cum. Supp.
REFUSE DEPOSIT IN STATE WATERS
It is unlawful for any person or corporation to dump or drain any
refuse into State waters; penalties.
37-516 Cum. Supp.
REFUSE INFECTED WITH SUGAR BEET
NEMATODES
It is unlawful for any person or corporation to deposit on public
highways any dirt, or refuse infected with sugar beet nematodes.
2-1051
RENDERING PLANTS INSPECTION
Upon receipt of application, inspection shall be made of all
201
-------
NEBRASKA
rendering plants with due regard to dangers of disease
transmission and dissemination before granting license to operate.
54-738 Cum. Supp.
RENDERING PLANTS OPERATION REQUIREMENTS
Rendering plants shall be situated and constructed so as not to
interfere with the enjoyment of life and property of citizens of
State.
54-740.01 Cum. Supp.
RENDERING PLANTS PENALTIES FOR ILLEGAL
OPERATION
Any person violating operating requirements for rendering plants
is guilty of misdemeanor; penalties and possible revocation of
license.
54-740.02 Cum. Supp.
ROADS DEPOSIT OF FOREIGN SUBSTANCES
Any person who shall deposit any wood, stone, or other material
on any public road causing an obstruction shall be fined or
imprisoned.
39-716
ROADS REMOVAL OF OBSTRUCTIONS
Any person who injures or obstructs a public road shall be fined;
except any person who shall lawfully fell any tree and immediately
remove the same.
39-703
ROADS, BRIDGES, STREETS, SIDEWALKS, DITCHES
THROWING, DEPOSITING, DUMPING OR LEAVING
RUBBISH ON; PENALTY; SIGNS
Whoever shall throw, deposit, dump or leave on any public way or
in any stream or ditch, except at designated places, any rubbish,
refuse, sewage, dead animal, glass, trash, debris, crockery, tacks,
nails, or any substance which may injure any person, or detract
from cleanliness, create stench is guilty of a misdemeanor; fine;
Department of Roads shall place anti-litter signs showing penalty.
39-713
ROADS, RUBBISH ON DUTY OF PUBLIC OFFICERS
It shall be the duty for all public law enforcement officers to
enforce regulations and make investigations of violations of laws
against rubbish on public highways.
39-713.01 Cum. Supp.
RUBBISH DEFINITION
Rubbish means nonputrescible solid wastes such as paper,
cardboards, tin cans, wood, glass, or litter of any kind.
71-4101(3) Cum. Supp.
SANITARY AND IMPROVEMENT DISTRICTS
FORMATION
Whenever it is conducive to public health, safety or welfare, voters
may petition county board to hold referendum on establishment
of sanitary and improvement district.
31-701
202
SANITARY AND IMPROVEMENT DISTRICTS
ISSUANCE OF BONDS BY INDEPENDENT
LEGISLATION
Regulations of previous section (10-613) are independent,
cumulative legislation and take precedence over local regulations.
10-614
SANITARY AND IMPROVEMENT DISTRICTS
POWERS
Said districts have power to establish, maintain and construct
water and sewage treatment plants to dispose of waste and sewage
in a satisfactory manner.
31-708 Cum. Supp.
SANITARY DISTRICTS BOND ISSUES
Sanitary and improvement districts, and other districts, which
have issued bonds for which it is legally liable may issue coupon
refunding bonds at rates and under regulations established by this
act.
10-613
SEWAGE DISPOSAL PLANTS CONTRACTS
Any municipality may contract with any corporation to construct
and operate sewage disposal plants and sewerage systems.
14-365.05
SEWAGE DISPOSAL PLANTS DEFINITION
The terms sewage or sewerage system and disposal plants mean
any system or works for the purpose of removal, discharge,
treatment, or disposal of liquid, and solid wastes of a municipality.
14-365.11
SEWAGE DISPOSAL PLANTS FINANCING
For the purpose of owning, operating, or constructing sewage
disposal plants or sewerage systems a municipality may issue
mortgage bonds.
14-365.02
SEWAGE DISPOSAL PLANTS SALE OF GENERAL
OBLIGATION BONDS
Mayors and city councils of any metropolitan city may pass an
ordinance to issue revenue bonds; general obligation bonds may
be issued for sale only after special election.
14-365.07
SEWAGE SYSTEMS DEFINITION
Sewage system means pipelines, pumping stations, and all other
constructions and facilities used for collecting or conducting
wastes to an ultimate point for treatment or disposal.
71-3002(3) Cum. Supp.
SEWAGE SYSTEMS FINANCING BY CITIES OF THE
FIRST-CLASS
Mayors and city councils have power to borrow money and pledge
property and credit for construction of sewerage and drainage
systems.
16-680 Cum. Supp.
SEWAGE SYSTEMS OPERATION AND
CONSTRUCTION
Any city or village authorized to own, operate and construct
-------
NEBRASKA
sewerage systems, to acquire land for that purpose, levy taxes for
that purpose.
18-501
SEWAGE SYSTEMS SERVICE BEYOND CORPORATE
LIMITS
Owners of any sewerage systems or any municipality is authorized
to extend service beyond the limits of a metropolitan city and to
charge reasonable and fair rates for the service.
14-365.09, 18-508
SEWAGE SYSTEMS AND DISTRICTS
ESTABLISHMENT BY SECOND-CLASS CITIES
Second-class cities may establish systems of sewage and drainage;
divide city into districts for that purpose, construct system, compel
connections, etc.
17-149
SEWER BONDS ISSUANCE BY METROPOLITAN
CLASS CITIES
City councils may issue bonds up to $500,000 for sewer
construction. City councils may issue special assessment sewer
bonds not to exceed $200,000 without vote of electors for sewer
construction if five-sixths of cost is borne by Federal government;
regulations of assessment.
14-517
SEWER CONSTRUCTION FINANCING
A municipality may issue revenue bonds for the purpose of
owning, operating, constructing sewage disposal plants or
sewerage systems.
18-502
SEWER CONSTRUCTION FIRST-CLASS CITIES
First-class cities may construct or repair sewers and drains, and
levy tax for such construction, upon approval of city council.
16-250
SEWER CONSTRUCTION SECOND-CLASS CITIES
Second-class cities have power to construct culverts and sewers.
17-508
SEWER CONSTRUCTION SECOND-CLASS CITIES
AND VILLAGES
City councils or boards of trustees may resolve to construct or
purchase sanitary sewer or storm drain systems.
77-973
SEWER DISTRICTS CREATION
Any city may lay off the city into districts for the purpose of
establishing sewer and drainage systems.
76-667
SIDEWALKS REMOVAL OF OBSTRUCTIONS IN
SECOND-CLASS CITIES
Second-class cities have power to remove all obstructions from its
sidewalks, regulate planting of trees, remove ice, snow, and mud,
regulate use by animals.
77-555, 77-557
SIDEWALKS BRIDGES INJURING OR
OBSTRUCTING; PENALTY
If any person shall purposely destroy or injure any sidewalk or
public or private bridge, culvert or causeway, he shall forfeit a sum
from three to one hundred dollars and shall be liable for all
damages.
39-704
SOLID WASTE DEFINITION
Solid waste means all putrescible and non-putrescible wastes
including garbage, rubbish, ashes, street cleanings, dead animals,
construction debris, automobile bodies, offal and other wastes.
71-4201(6) Cum. Supp.
SOLID WASTE DISPOSAL AREA INSPECTION AND
APPROVAL
Before State Board of Health approves solid waste disposal area,
county or city councils must also approve site after public notice;
rules and regulations for approval.
71-4104 Cum. Supp.
SOLID WASTE DISPOSAL FACILITIES DEFINITION
Means facilities or sites for the purpose of treating, compacting,
composting, or disposing of solid wastes.
71-4201(9) Cum. Supp.
SOLID WASTE DISPOSAL FACILITIES FINANCING
Clean Water Commission has power to issue negotiable bonds,
notes or other obligations to provide funds for achieving its
purposes; fiscal rules and regulations outlined.
71-4208 through 71-4233 Cum. Supp.
STOCK CARS PENALTIES FOR UNCLEAN
It is unlawful for any railroad company to bring into the State any
empty car used for transporting hogs or sheep that has any filth of
any kind whatsoever in the same; fine of one hundred dollars.
25-70/5
SWINE AFFECTED WITH HOG CHOLERA
DESTRUCTION
Swine infected with or exposed to hog cholera shall be destroyed
and disposed of by salvage, burial, or burning.
54-1505 Cum. Supp.
SWINE AFFECTED WITH VESICULAR EXANTHEMA
DESTRUCTION
Any swine found by Department of Agriculture to be so infected
shall be appraised in value and disposed of under direction of
department; owner reimbursed unless swine fed on raw garbage.
54-726.02
TREATMENT WORKS DEFINITION
Treatment works means any plant or other works used for the
purpose of treating, stabilizing, or holding wastes.
71-3002(4) Cum. Supp.
WASTE WATER DEFINITION
Waste water means any water containing sewage or other
pollutants which render the water unfit for reuse.
71-4201(5) Cum. Supp.
203
-------
NEBRASKA
WASTES DEFINITION
Wastes mean sewage, industrial waste, and all other liquid,
gaseous, solid, radioactive, or other substances which may tend to
pollute any State waters.
71-3002(2) Cum. Supp.
WATER BOARDS CREATION OF IN
METROPOLITAN CLASS CITIES
Each metropolitan class city shall have a water board of six
members; rules of election and terms of office.
14-901
WATER BOARDS POWERS AND DUTIES IN
METROPOLITAN CLASS CITIES
Water boards shall have general charge, supervision, and control
of all matters pertaining to city water supply; including setting of
rates and rentals, and power to enter into contracts.
14-905
WATER DOMESTIC DEPOSIT OF FOREIGN
SUBSTANCES INTO
Any person who puts dead animals, carcass or other filthy
substance into any well or any spring or brook shall be fined.
28-1013
WATER POLLUTION CONTROL DECLARATION OF
POLICY
Pollution of State waters declared a menace to public health and
safety; conservation of State waters necessary for benefit of the
State.
71-3001 Cum. Supp.
WATER POLLUTION CONTROL ACT VIOLATIONS
AND PENALTIES
Any person who violates any provision of this act shall be fined or
imprisoned; any violator who causes death of fish or wildlife shall
reimburse State for restocking of such wildlife; attorney general
may bring injunctions against violators.
71-3009 Cum. Supp.
WATER POLLUTION CONTROL COUNCIL APPEALS
Any person may appeal an order of the council to the district
court of the affected county within thirty days after notice is
served; rules for trial outlined.
71-3010 Cum. Supp.
WATER POLLUTION CONTROL COUNCIL
CLASSIFICATION OF WATERS
Council shall set water quality standards to protect public health
and welfare; hearings must be held.
71-3005 Cum. Supp.
WATER POLLUTION CONTROL COUNCIL
CREATION
Act creates State water pollution council with ten members;
appointments and meeting schedules outlined.
71-3003 Cum. Supp.
WATER POLLUTION CONTROL COUNCIL
HEARINGS
Any violator of any provision of this act may be served written
204
complaint by council; violator may request hearing; hearing
regulations outlined.
71-3008 Cum. Supp.
WATER POLLUTION CONTROL COUNCIL
INSPECTIONS AND INVESTIGATIONS
Council or its representatives have power to enter any private or
public property to inspect and investigate conditions of pollution;
council may have access to any records necessary to carry out its
duties.
71-3012 Cum. Supp.
WATER POLLUTION CONTROL COUNCIL POWERS
AND DUTIES
Council has power to supervise and enforce all provisions of this
act, develop comprehensive pollution control programs, to
cooperate with other State and Federal agencies, to accept and
administer loans and grants, to conduct water pollution research,
and related duties.
71-3004 Cum. Supp.
WATER SUPPLY PROTECTION OF BY SECOND-
CLASS CITIES
Second-class city jurisdiction extends 15 miles beyond corporate
limits, to prevent and protect against pollution to source of its
water supply.
17-536
WATERCOURSES WILLFUL OBSTRUCTING;
PENALTY
Any persons who willfully fill up, injure, or destroy any
watercourse, drain, or ditch shall be guilty of misdemeanor and
fined or imprisoned.
31-221 Cum. Supp.
WATERCOURSES WITHIN CITIES REMOVAL OF
FOREIGN SUBSTANCES
Any watercourse within city limits if filled with trees, silt, or other
debris must be cleaned upon request of any five landowners to the
city council.
31-229
WATERS DEFINITION
Water means all waters within jurisdiction of State, including all
streams, lakes, impounding reservoirs, springs, irrigation systems,
and all other accumulations of water.
71-3002(6) Cum. Supp.
WATERS STATE EXPLOSIVES OR POISON
Any person who explodes any dynamite, powder, or bomb in any
lake, river, or other State waters to take fish or who places lime or
other poisons in any State waters shall be fined and imprisoned;
certain exceptions.
37-515 Cum. Supp.
WATERWORKS ACQUISITION AND CONSTRUCTION
BY SECOND-CLASS CITIES
Second-class cities have power to provide system of waterworks,
water mams, etc.; and for maintenance of system.
17-531
-------
NEBRASKA
WATERWORKS CONSTRUCTION AND OPERATION
BY CITY COUNCILS
City councils may construct, maintain, and operate waterworks
and other public utilities; may fix rates and charges.
14-107
WATERWORKS CONSTRUCTION IN FIRST-CLASS
CITIES
First-class cities are authorized to construct waterworks plant or
water system (or natural or bottled gas system), can issue bonds
for construction of said system; approval of qualified voters
required.
16-6,101
WATERWORKS FINANCING
City council authorized to issue bonds for construction of
waterworks and other public utilities.
14-524
WATERWORKS FINANCING OF BY SECOND-CLASS
CITIES AND VILLAGES
Said cities or villages may borrow money or issue bonds or levy
and collect general taxes for purpose of constructing waterworks;
borrowing regulations outlined.
/ 7-534
WATERWORKS FRANCHISES GRANTED BY
SECOND-CLASS CITIES
Second-class cities have power to contract with any person or
corporation to erect and maintain a system of waterworks under
supervision of city council.
17-5 30
WEEDS DESTRUCTION
Second-class cities and villages have power to destroy and remove
weeds and worthless vegetation on any lots or lands within the city
or village, may require landowners to remove the same from their
lands; penalty for failure to comply.
17-563.01
WEEDS DESTRUCTION AND REMOVAL OF IN
FIRST-CLASS CITIES
First-class cities may require property owners to clear weeds and
rank vegetation; also drain or fill land to eliminate stagnant water;
can assess costs for such work not done.
16-230
WEEDS DESTRUCTION AND REMOVAL OF IN
PRIMARY-CLASS CITIES
Primary-class cities may provide for destruction and removal of
weeds or worthless vegetation on any lot within city and along
streets; may require property owners to remove weeds; can assess
costs for removal.
15-268
WEEDS DESTRUCTION OF ALONG COUNTY
ROADS
It is the duty of all landowners to mow all weeds that can be
mowed with an ordinary farm mower along all public roads and
ditches at least twice a year; county shall mow weeds at owner's
expense if owner refuses.
39-1811
WEEDS NOXIOUS ERADICATION
It is the duty of every person in this state to control the spread and
to eradicate noxious weeds on lands owned or controlled by him
using methods approved by the Director of Agriculture.
2-952 Cum. Supp.
WELLS ABANDONED PLUGGING
Whenever owner of registered well abandons such well he shall
plug or cap it in accordance with regulations of the Department of
Water Resources and shall give notice of his abandonment.
46-602(3) Cum. Supp.
ZONING COUNTIES
Every county in which is located a city of the primary class shall
have the power to regulate and restrict the location and size of
buildings, the size of yards and open spaces, the density of
population and the location of buildings used for business or
trade; zoning regulations shall have purpose of developing urban
and non-urban areas, lessening street congestion, securing fire
safety and other listed purposes.
23-114.03 Cum. Supp. and 23-17401
ZONING POWERS OF METROPOLITAN CLASS
CITIES
City council may regulate building size, size of lots, open spaces,
population density, location of buildings, etc; to promote public
health and safety.
14-401
ZONING PRIMARY-CLASS CITIES
Primary-class cities have power to regulate size and location of
buildings, open spaces, population density, and land-use;
comprehensive plan needed.
15-902 Cum. Supp.
205
-------
-------
NEVADA
BLIGHTED AREA DEFINITION FOR COMMUNITY
DEVELOPMENT PURPOSES
Definition of blighted area including unsafe or dangerous
buildings.
279.388
BLIGHTED AREA DEFINITION FOR
REDEVELOPMENT PURPOSES
Definition of blighted area including slums and deteriorated
structures.
279.050
CITIES POWER OF COUNCIL
City council has power to regulate and prevent throwing ashes,
offal, dirt, garbage on streets or other public grounds.
266.275
CONDEMNATION DEFINITION
Definition of condemnation; power of eminent domain in board
of county commissioners.
244.454
CONDEMNATION PROPERTY SUBJECT TO
Classes of property subject to the power of eminent domain.
J7.020-J7.0JO
DANGEROUS OR INFLAMMABLE MATERIALS
FAILURE TO REMOVE; PENALTIES
Requirement to remove dangerous or inflammable material from
city, town or village after receiving written notice from fire
warden; penalty; removal by fire warden.
269.270
EMINENT DOMAIN LOCAL IMPROVEMENT
DISTRICTS
Power of local improvement districts to exercise power of eminent
domain; power to purchase; payment of judgement awards within
6 months.
309.400
EMINENT DOMAIN POWER
Governmental uses for which power of eminent domain may be
used, including sewerage systems.
37.010
EXPLOSIVES TRANSPORTATION
Requirement of marking explosives being transported; penalty.
476.040
GARBAGE AND REFUSE COLLECTION; DISPOSAL
Power of board to acquire sites for disposal of garbage and refuse,
to own equipment and to contract for such disposal.
318.142
GARBAGE AND REFUSE DISPOSAL REGULATION
BY COUNTY BOARD OF HEALTH
Power of board to consult with health division of Department of
Health, Welfare and Rehabilitation about garbage and refuse
collection and disposal; to compel owners of property to use
district's system for garbage collection and disposal; make and
enforce regulations.
318.170
GARBAGE AND REFUSE DISPOSAL UNLAWFUL;
PENALTY
Definition of garbage; prohibition against dumping garbage on
public or private property; penalty; enforcement.
444.210
HIGHWAYS DEPOSITING DIRT, GARBAGE AND
RUBBISH
Definitions of dead animals, dirt, garbage, rubbish, prohibition
against throwing dead animals, dirt, garbage or rubbish on
highway; penalty.
405.220
LIVESTOCK DUMPING INJURIOUS WASTES NEAR
Penalty for dumping poisonous or injurious wastes in waters near
livestock; liability for damages.
575.040
MOTOR VEHICLE WRECKING LICENSE
Prohibition against dismantling or wrecking vehicles without
license; application for license.
457.050
NEVADA TAHOE REGIONAL PLANNING AGENCY
Legislature delcarations and policy.
27S.702
EMINENT DOMAIN URBAN RENEWAL
Power of municipality to condemn land for urban renewal or
redevelopment.
279.290
NUCLEAR MATERIALS IMPOUNDING
Power of State Board of Health in emergency to impound sources
of ionizing radiation.
459.750
207
-------
NEVADA
NUISANCE ABATEMENT
Order by court or magistrate to abate nuisance; property
destroyed by sheriff at cost of defendant.
202.480
NUISANCE ABATEMENT PROCEDURE
Definition of nuisance in unincorporated towns including garbage
and filth heaps; complaint; notice to abate; expense.
269.270
NUISANCE CITY COUNCIL
Power of city council to declare nuisances; abate nuisances and
impose fines; to compel owners of property to clean same; to
require by ordinance owners of real property to remove unsafe
buildings and all filth, garbage, offal, ashes, shavings, weeds, grass,
leaves, manure, debris, etc; performance by city at expense of
owner; lien on property; foreclosure of hen.
266.335
NUISANCE DEFINITION; ACTION FOR ABATEMENT
AND DAMAGES
Definition of nuisance; action for abatement and damages.
40.140
NUISANCE PUBLIC DEFINITION
Definition of public nuisances including pollution of waters or
roads.
202.450
NUISANCE PUBLIC PENALTIES
Penalty for committing or maintaining a public nuisance.
202.470
POLLUTION WATER AND LAND
Prohibition against littering on highways or water and against
establishing a business near a highway or water detrimental to
public health and against depositing in water offal from dead body
of any animal.
202.750
POLLUTION AIR REGULATION AND CONTROL
Power of boards of county commissioners to regulate and control
as public nuisance excessive emission of dense smoke and air
pollution.
244.361
POLLUTION STREAM SAWDUST PREVENTION;
TAX LEVY
Authority of board of county commissioners to bring suits against
the depositing of sawdust in streams; tax levy.
244.365
POLLUTION WATER LAKE TAHOE
Prohibition against discharging wastes into Lake Tahoe or nearby
water supply; permit for sewage works.
445.090
POLLUTION WATER PENALTIES
Prohibition against water pollution by sawdust, pulp, rubbish, etc.
damaging water quality; penalty.
445.070
POLLUTION WATER SAWMILLS,
SLAUGHTERHOUSES, BREWERIES OR TANNERIES
Prohibition against injuring or obstructing water by sawmills,
slaughterhouse, brewery or tannery; action by city or county
governments owning agricultural lands; penalties.
555.700
REDEVELOPMENT DEFINITION
Definition of redevelopment for purposes of urban renewal.
279.40S
REDEVELOPMENT LOCAL POWERS OF PUBLIC
BODIES
Powers of public bodies aiding with redevelopment projects.
279.452
STREET BEAUTIFICATION PROJECT DEFINITION
Definition of street beautification project for purpose of county
government.
244.472
TAHOE REGIONAL PLANNING COMPACT
Findings and declarations; definitions.
277.200
URBAN RENEWAL PROJECT DEFINITION
Definition of urban renewal project for purposes of slum clearance
and redevelopment of urban areas.
279220
208
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000OD4F.tif): Saving image to "C:\Conversion\JobRoot\000006HZ\tiff\2000OD4F.T$F.T$F" failed.
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000OD4G.tif): Unspecified error
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000OD4H.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000OD4I.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000OD4J.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000OD4K.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000OD4L.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000OD4M.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000OD4N.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000OD4O.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000OD4P.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000OD4Q.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000OD4R.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000OD4S.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000OD4T.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000OD4U.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000OD4V.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000OD4W.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000OD4X.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000OD4Y.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000OD4Z.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000OD50.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000OD51.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000OD52.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000OD53.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000OD54.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000OD55.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000OD56.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000OD57.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000OD58.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000OD59.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000OD5A.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000OD5B.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000OD5C.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000OD5D.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000OD5E.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000OD5F.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000OD5G.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000OD5H.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000OD5I.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000OD5J.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000OD5K.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000OD5L.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000OD5M.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000OD5N.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000OD5O.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000OD5P.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000OD5Q.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000OD5R.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000OD5S.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000OD5T.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000OD5U.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000OD5V.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000OD5W.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000OD5X.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000OD5Y.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000OD5Z.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000OD60.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000OD61.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000OD62.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000OD63.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000OD64.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000OD65.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000OD66.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000OD67.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000OD68.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000OD69.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000OD6A.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000OD6B.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000OD6C.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000OD6D.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000OD6E.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000OD6F.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000OD6G.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000OD6H.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000OD6I.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000OD6J.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000OD6K.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000OD6L.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000OD6M.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000OD6N.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000OD6O.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000OD6P.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000OD6Q.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000OD6R.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000OD6S.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000OD6T.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000OD6U.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000OD6V.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000OD6W.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000OD6X.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000OD6Y.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000OD6Z.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000OD70.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000OD71.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000OD72.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000OD73.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000OD74.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000OD75.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000OD76.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000OD77.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000OD78.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000OD79.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000OD7A.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000OD7B.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000OD7C.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000OD7D.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000OD7E.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000OD7F.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000OD7G.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000OD7H.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000OD7I.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000OD7J.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000OD7K.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000OD7L.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000OD7M.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000OD7N.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000OD7O.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000OD7P.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000OD7Q.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000OD7R.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000OD7S.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000OD7T.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000OD7U.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000OD7V.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000OD7W.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000OD7X.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000OD7Y.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000OD7Z.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000OD80.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000OD81.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000OD82.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000OD83.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000OD84.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000OD85.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000OD86.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000OD87.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000OD88.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000OD89.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000OD8A.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000OD8B.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000OD8C.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000OD8D.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000OD8E.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000OD8F.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000OD8G.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000OD8H.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000OD8I.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000OD8J.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000OD8K.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000OD8L.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000OD8M.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000OD8N.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000OD8O.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000OD8P.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000OD8Q.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000OD8R.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000OD8S.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000OD8T.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000OD8U.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000OD8V.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000OD8W.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000OD8X.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000OD8Y.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000OD8Z.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000OD90.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000OD91.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000OD92.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000OD93.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000OD94.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000OD95.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000OD96.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000OD97.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000OD98.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000OD99.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000OD9A.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000OD9B.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000OD9C.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000OD9D.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000OD9E.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000OD9F.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000OD9G.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000OD9H.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000OD9I.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000OD9J.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000OD9K.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000OD9L.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000OD9M.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000OD9N.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000OD9O.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000OD9P.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000OD9Q.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000OD9R.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000OD9S.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000OD9T.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000OD9U.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000OD9V.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000OD9W.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000OD9X.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000OD9Y.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000OD9Z.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000ODA0.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000ODA1.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000ODA2.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000ODA3.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000ODA4.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000ODA5.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000ODA6.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000ODA7.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000ODA8.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000ODA9.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000ODAA.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000ODAB.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000ODAC.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000ODAD.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000ODAE.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000ODAF.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000ODAG.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000ODAH.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000ODAI.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000ODAJ.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000ODAK.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000ODAL.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000ODAM.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000ODAN.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000ODAO.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000ODAP.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000ODAQ.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000ODAR.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000ODAS.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000ODAT.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000ODAU.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000ODAV.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000ODAW.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000ODAX.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000ODAY.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000ODAZ.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000ODB0.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000ODB1.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000ODB2.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000ODB3.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000ODB4.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000ODB5.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000ODB6.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000ODB7.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000ODB8.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000ODB9.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000ODBA.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000ODBB.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000ODBC.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000ODBD.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000ODBE.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000ODBF.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000ODBG.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000ODBH.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000ODBI.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000ODBJ.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000ODBK.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000ODBL.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000ODBM.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000ODBN.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000ODBO.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000ODBP.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000ODBQ.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000ODBR.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000ODBS.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000ODBT.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000ODBU.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000ODBV.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000ODBW.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000ODBX.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000ODBY.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000ODBZ.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000ODC0.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000ODC1.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000ODC2.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000ODC3.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000ODC4.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000ODC5.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000ODC6.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000ODC7.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000ODC8.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000ODC9.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000ODCA.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000ODCB.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000ODCC.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000ODCD.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- OCR error (C:\Conversion\JobRoot\000006HZ\tiff\2000ODCE.tif): Cannot open ZyIMAGE Global Professional OCR OCR engine
------- |