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AGO Opinions with Topic: ASSUMPTION OF JURISDICTION AS TO AIR CONTAMINANT SOURCE
AGO 1968 No. 29 >  September 5, 1968
OFFICES AND OFFICERS - STATE AIR POLLUTION CONTROL BOARD - POLLUTION - ASSUMPTION OF JURISDICTION AS TO AIR CONTAMINANT SOURCE
OFFICES AND OFFICERS - STATE AIR POLLUTION CONTROL BOARD - POLLUTION - ASSUMPTION OF JURISDICTION AS TO AIR CONTAMINANT SOURCE (1) When the state air pollution control board assumes jurisdiction over a particular type or class of air contaminant source, in the manner set forth in § 53, chapter 238, Laws of 1967 (the Washington Clean Air Act), and adopts appropriate rules and regulations to control and/or prevent the emission of air contaminants from such source, the various local or regional air pollution control authorities are thereby precluded from continuing to enforce such emission control regulations as they may previously have adopted with respect to such contaminant source. (2) During any period of time which may elapse between the assumption of abstract jurisdiction by the state board and the effective date of such rules and regulations as are adopted by the board in implementation of that jurisdiction, the existing rules and regulations of the local or regional authority having territorial jurisdiction over the contaminant source will continue to be in effect and enforceable as to that source. (3) The state air pollution control board in assuming jurisdiction over a particular type or class of air contaminant source, may not elect to do so only as to certain areas of the state, for the board's only authority in assuming this type of jurisdiction is to do so on a state wide [[statewide]] basis.
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