§ 8-4-306 — Political subdivisions preempted - Exception

(a) In order to avoid conflicting and overlapping jurisdiction, it is the intention of this chapter to occupy, by preemption, the field of control and abatement of air pollution and contamination and no political subdivision of this state shall enact or enforce laws, ordinances, resolutions, rules, or regulations in this field. (b) Notwithstanding subsection (a) of this section, any political subdivision of this state may enact and enforce laws, ordinances, resolutions, rules, or regulations for the purpose of prohibiting burning in the open or in a receptacle having no means for significantly controlling the fuel/air ratio. (c) Nothing in this chapter shall be construed to prevent private actions under existing laws.

Legislative History

Acts 1949, No. 472, [Part 2], § 12, as added by Acts 1965, No. 183, § 7; A.S.A. 1947, § 82-1941; Acts 1989, No. 765, § 1.