§ 25-7-126 — Application of article

(1) The factual or legal basis for
proceedings or other actions that shall result from a violation of any emission
control regulation inure solely to and shall be for the benefit of the people of the
state generally, and it is not intended to create by this article, in any way, new or
enlarged private rights, or to enlarge existing private rights, or to diminish private
rights. A determination that air pollution exists or that any standard has been
disregarded or violated, whether or not a proceeding or action may be brought by
the state, shall not create by reason thereof any presumption of law or finding of
fact which shall inure to or be for the benefit of any person other than the state.

(2) Other than section 25-7-112 or 25-7-113, the provisions of this article and
regulations adopted under this article shall not apply to air pollution insofar as such
pollution exists within the confines of a particular commercial or industrial plant,
works, or shop which is the source of air pollution and shall not apply or affect the
relations between employers and employees with respect to or arising out of any
condition of air pollution.

(3) It is the purpose of this article to provide additional and cumulative
remedies to prevent and abate air pollution. Nothing in this article shall abridge or
alter rights of action or remedies existing on June 20, 1979, or after said date, nor
shall any provision of this article or anything done by virtue of this article be
construed as estopping individuals, cities, towns, counties, cities and counties, or
duly constituted political subdivisions of the state from the exercise of their
respective rights to suppress nuisances.

Legislative History

Source: L. 79: Entire article R&RE, p. 1046, � 1, effective June 20.