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AGO Opinions with Topic: AIR POLLUTION CONTROL DISTRICTS
AGO 1957 No. 118 >  September 12, 1957
COUNTIES - CITIES AND TOWNS - HEALTH - AIR POLLUTION - AIR POLLUTION CONTROL DISTRICTS - NUISANCE - CONSTITUTIONAL LAW
COUNTIES ‑- CITIES AND TOWNS -- HEALTH ‑- AIR POLLUTION ‑- AIR POLLUTION CONTROL DISTRICTS -- NUISANCE -- CONSTITUTIONAL LAW ‑- TAXATION ‑- FORTY MILL LIMITATION 1. Chapter 232, Laws of 1957, chapter 70.94 RCW, requires that an entire county be included within an air pollution control district but does not require that two or more cities, exclusive of any unincorporated county area, be contiguous. 2. Chapter 232, Laws of 1957, chapter 70.94 RCW, requires each city, town or county to conduct tests and surveys prior to the enactment of air pollution control measures for the formation of an air pollution control district. 3. Chapter 70.94 RCW, chapter 232, Laws of 1957, does not require that each component city, town or county of an air pollution control district separately enact air pollution control measures but does provide that the district as a governmental unit may promulgate rules and regulations for this purpose. 4. It is not necessary that a city, town or county follow the procedure established in chapter 232, Laws of 1957, chapter 70.94 RCW, in order to enact or enforce air pollution control measures. 5. Amendment 17 to the Washington State Constitution requires that any tax by a city, town, county or district in excess of the 40-mill limitation must be [[Orig. Op. Page 2]]submitted to the electorate each year that such governmental unit seeks to levy the additional tax.
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