It is the purpose of this article to provide additional and cumulative remedies to prevent, abate and control air pollution in the state. Except as prescribed by section 49-402, subsection C, nothing contained in this article shall be construed to abridge or alter rights of action or remedies in equity under the common law or statutory law, criminal or civil, nor shall any provisions of this article, or any act done by virtue thereof, be construed as estopping the state or any municipality or owners of land from the exercise of their rights in equity or under the common law or statutory law to suppress nuisances or to abate pollution.

Terms Used In Arizona Laws 49-516

  • Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
  • Air pollution: means the presence in the outdoor atmosphere of one or more air contaminants or combinations thereof in sufficient quantities, which either alone or in connection with other substances, by reason of their concentration and duration are or tend to be injurious to human, plant or animal life, or cause damage to property, or unreasonably interfere with the comfortable enjoyment of life or property of a substantial part of a community, or obscure visibility, or which in any way degrade the quality of the ambient air below the standards established by the board of supervisors. See Arizona Laws 49-471
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  Previous section
Next section  
 Article 3 Contents