Chap. 103.—-An ACT to prevent the pollution and discoloration of streams in the
counties of Bath and Highland by the deposit therein of certain substances; and
to authorize the issuance of injunctions to restrain any such pollution or dis-
coloration at the instance of persons injured or affected thereby. [H B 36]

Approved February 28, 1940

1. Beit enacted by the General Assembly of Virginia as follows:

Section 1. It shall be unlawful in the counties of Bath and High-
land for any person, firm, association, or corporation, to place or
cause or suffer to be placed, washed, carried or deposited, any acid,
or other refuse, arising or resulting from the manufacture of tanning
extract, or any acid, caustic substance, or other refuse arising or
resulting from the manufacture of soda or other caustic products, or
any noxious or injurious substance or refuse arising or resulting from
any mining or manufacturing operation, in the waters of any stream
in either of said counties, whereby the waters of such stream shall
be polluted, or substantially discolored, or rendered unsuitable for
human or animal use or consumption, or unsuitable for the propaga-
tion or preservation of fish therein. For the purpose of this act
“substantially discolored” shall mean so discolored that the dis-
coloration extends for a distance of one mile down the stream from
the point where such refuse or substance enters such stream.

Section 2. Any lower riparian owner or tenant of such stream,
or any other person injured by such violation, shall have the right to
enjoin as a nuisance the placing or deposit of any acid, caustic sub-
stance, or refuse, hereinabove mentioned, in such stream, or the
pollution or discoloration of the waters thereof. This remedy shall
be in addition to any other remedy provided by existing law and
shall depend upon no other proof of injury than the fact of such
pollution or discoloration.

Section 3. This act, however, shall not apply to, or prevent the
carriage, discharge, or placing in any stream in either of the said
counties of any acid, refuse or substance which may arise in or be
discharged from, any plant, manufacturing establishment, or mine,
which was in actual operation on or along any such stream in either
of the said counties prior to the first day of January, nineteen hundred
and forty.

An emergency existing, this act shall be in force from its passage.