NORTH CAROLINA GENERAL ASSEMBLY
1963 SESSION

CHAPTER 536
SENATE BILL 146

AN ACT TO AMEND CHAPTER 130 OF THE GENERAL STATUTES SO AS TO AUTHORIZE THE ESTABLISHMENT OF A STATE AIR HYGIENE PROGRAM BY THE STATE BOARD OF HEALTH.

The General Assembly of North Carolina do enact:

Section 1.  Chapter 130 of the General Statutes is hereby amended by adding a new Article at the end thereof, to be designated as Article 25, and to read as follows:
"Article 25
"State Air Hygiene Program
"Sec. 130-221.  Short Title. This Article may be cited as the 'State Air Hygiene Program Act'.
"Sec. 130-222.  Definitions. (a) 'Person' shall include any individual, firm, partnership, cooperative organization, corporation, municipality, any other political subdivision of the State, or other organizational entity.
"(b)	'Air pollution' means the presence in the outdoor atmosphere of one or more air contaminants or combinations thereof in such quantities and of such duration which are injurious to human, plant, or animal life, or property.
"Sec. 130-223.  Creation of State Air Hygiene Service; Personnel; Expenditure of Funds. The State Board of Health is hereby authorized and empowered: (1) to create a State air hygiene service and to administer the provisions of this Article; (2) to employ or appoint such personnel as are necessary for the carrying out of the provisions of this Article; and, (3) to expend such State funds, Federal grants-in-aid, or donations as are made to the State Board of Health for the purpose of establishing a State air hygiene service and otherwise carrying out the provisions of this Article.
"Sec. 130-224.  Authority of State Air Hygiene Service. The State air hygiene service to be established by the State Board of Health is authorized to:
"(1)	Advise, consult, and cooperate, within the limitations of this Article, with other State agencies, local governmental units, industries, the Federal government, and other affected agencies or groups in matters relating to air pollution;
"(2)	Collect and disseminate information relative to air pollution prevention and control;
"(3)	Initiate, supervise and encourage research and studies of existing air quality methods of examination and appraisal, and develop procedures and standards for State-wide application with special emphasis on the effect of air contaminants;
"(4)	Encourage local agencies to handle air pollution problems to the maximum extent that their resources will permit; and
"(5)	Provide technical assistance and cooperation to local and regional air pollution control programs.
"Sec. 130-225.  Authority of State Health Director. The State Health Director or his duly authorized deputy or agent shall have authority to:
"(1)	Enter at reasonable times and inspect any building or equipment, for the purpose of investigating a known or suspected source of or contributing factor to air pollution. Nothing in this Article shall authorize entry into non-commercial private dwellings without the consent of the occupants thereof.
"(2)	Require persons engaged in operations which may result or contribute to air pollution to supply information when available about the pollution such as, but not limited to, composition of effluent sources of emission and rate of discharge; provided, however, that no person shall be required to disclose any secret formulae processes or methods used by any manufacturing operation carried on by him or under his direction.
"Sec. 130-226.  Municipal Powers Unaffected. This Article shall be in addition to all other laws relating to air hygiene or air pollution and shall not be construed to affect or modify the authority of any municipality to adopt ordinances pursuant to any other provisions of law."
Sec. 2.  All laws and clauses of laws in conflict with this Act are hereby repealed.
Sec. 3.  This Act shall become effective from and after July 1, 1963.
In the General Assembly read three times and ratified, this the 23rd day of May, 1963.