Except as otherwise provided in Section 41705, no person shall discharge from any source whatsoever such quantities of air contaminants or other material which cause injury, detriment, nuisance, or annoyance to any considerable number of persons or to the public, or which endanger the comfort, repose, health, or safety of any such persons or the public, or which cause, or have a natural tendency to cause, injury or damage to business or property.

Added Stats 1975 ch 957 § 12.

Former Sections: Former § 41700, similar to present § 51350, was added by Stats 1st Ex Sess 1975 ch 1 § 7, effective September 26, 1975, amended by Stats 1976 ch 1341 § 26, and repealed by Stats 1977 ch 610 § 1.

Historical Derivation: (a) Former § 24243, as added by Stats 1947 ch 632 § 1.
(b) Former § 24360, as added by Stats 1955 ch 1797 § 1.
(c) Former § 39077, as added by Stats 1970 ch 1552 § 27.
(d) Former § 39430, as added by Stats 1967 ch 1545 § 5.

Cross References: Agricultural odors: H & S C § 41705.

Penalty for violation: H & S C § 42402.

Collateral References: 12 Witkin Summary (10th ed) Real Property § 899.

Emission standards for hazardous air pollutants under Federal Clean Air Act: 42 USCS § 7412.

Proof of Facts: Insured's proof that pollution exclusion clause does not bar coverage for environmental claims. 38 AmJur POF3d 477.

Law Review Articles:

California's air control program administered by local agencies, regional and country districts. 58 CLR 1488.

Rule enforcement by the Los Angeles County Air Pollution Control District. 3 ELQ 507.

Mandelker and Taub, Constitutional limitations on emission quotas as an air pollution control strategy. 8 ELQ 269 (1979).

Annotations:

Validity of regulation of smoke and other air pollution. 78 ALR2d 1305.

Operation of incinerator as nuisance. 41 ALR3d 1009.

Recovery in trespass for injury to land caused by airborne pollutants. 2 ALR4th 1054.

When statute of limitations begins to run as to cause of action for nuisance based on air pollution. 19 ALR4th 456.

Construction and application of pollution exclusion clause in liability insurance policy. 39 ALR4th 1047.

Pre-emption, by provisions of Clean Air Act (42 USCS §§ 7401 et seq.), of federal common law of nuisance in area of air pollution. 61 ALR Fed 859.

NOTES OF DECISIONS

The trial court erred in granting defendant's motion for arrest of judgment in a municipal court misdemeanor prosecution for violation of the statute proscribing the discharging of annoying air contaminants (Health & Saf. Code, § 41700), where it appeared from the record that it should not have been too difficult for defendant to be aware that the release from its paint baking oven of paint odors could annoy and irritate those persons who lived and worked in the area surrounding defendant's plant. In examining statutes challenged on vagueness grounds, courts have looked not merely at the hypothetical cases to which the statutes have uncertain applicability, but also at the act allegedly committed by the charged defendant. As to penal statutes challenged on vagueness grounds, void for vagueness simply means that criminal responsibility should not attach to a person in the absence of his ability to reasonably understand his conduct is proscribed. People v. General Motors Corp. (1980) 116 CA3d Supp 6, 172 Cal Rptr 470, 1980 Cal App LEXIS 2654.