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SCS/SB 490 - Private nuisance actions based upon an air emission or water or solid waste discharge, other than the placement of nuclear waste, are specifically prohibited, if the emission or discharge was expressly authorized by a statute, regulation, certain licenses or permits, or a court order and the emission or discharge does not violate a term of the statute, regulation, license, permit, or order. However, a person may file suit based on these types of actions if the permit or order produces a result that was unknown or not reasonably foreseeable at the time it was issued or if the permit holder purposely failed to disclose relevant facts in obtaining the permit or order. This act is similar to SB 278 (2011). MIKE HAMMANN
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