§ 25-8-611 — Proceedings by other parties

(1) The factual or legal basis for
proceedings or other actions that result from a violation of any control regulation
inure solely to, and shall be for the benefit of the people of, the state generally, and
it is not intended by this article, in any way, to create new private rights or to
enlarge existing private rights. A determination that water 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 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) A permit issued pursuant to this article may be introduced in any court of
law as evidence that the permittee's activity is not a public or private nuisance.
Introduction into evidence of such permit and evidence of compliance with the
permit conditions shall constitute a prima facie case that the activity to which the
permit pertains is not a public or private nuisance.

Legislative History

Source: L. 81: Entire article R&RE, p. 1335, � 1, effective July 1.