49-479. Rules; hearing


A. The board of supervisors shall adopt such rules as it determines are necessary
and feasible to control the release into the atmosphere of air contaminants originating
within the territorial limits of the county or multi-county air quality control region in
order to control air pollution, which rules, except as provided in subsection C shall
contain standards at least equal to or more restrictive than those adopted by the
director. In fixing such standards, the board or region shall give consideration but
shall not be limited to:


1. The latest scientific knowledge useful in indicating the kind and extent of all
identifiable effects on health and welfare which may be expected from the presence of an
air pollution agent, or combination of agents in the ambient air, in varying quantities.


2. Atmosphere conditions and the types of air pollution agent or agents which, when
present in the atmosphere, may interact with another agent or agents to produce an
adverse effect on public health and welfare.


3. Securing, to the greatest degree practicable, the enjoyment of the natural
attractions of the state and the comfort and convenience of the inhabitants.


B. No rule may be enacted or amended except after the board of supervisors first
holds a public hearing after twenty days' notice of such hearing. The proposed rule, or
any proposed amendment of a rule, shall be made available to the public at the time of
notice of such hearing.


C. A county may adopt or amend a rule, emission standard, or standard of
performance that is as stringent or more stringent than a rule, emission standard or
standard of performance for similar sources adopted by the director only if the county
complies with the applicable provisions of section 49-112.


D. All rules enacted pursuant to this section shall be made available to the public
at a reasonable charge upon request.