Nothing in this subchapter shall be construed to impair any cause of action, or legal or equitable remedy therefor, of any person or the public, or the village for injury or damage arising from the discharge, emission or release into the atmosphere from any source whatsoever of such quantities of smoke, soot, fly ash, dust, cinders, dirt, noxious or obnoxious acids, fumes, oxides, gases, vapors, noxious odors, toxic or radioactive substances, waste, particulate, liquid or gaseous matter or any other materials in such place, manner or concentration as to constitute atmospheric pollution or a common law nuisance.
('81 Code, § 16-1.17) (Ord. 1971-7-18-817, passed 5-17-71)