The following definitions shall apply to the interpretation of and enforcement of this chapter:
(a) "Atmosphere" shall mean air, except for air inside of a fully enclosed structure.
(b) "Best available control technology" means the utilization of technologies, processes, procedures or operating methods by an industry facility or source which results in a substantial cost effective means of mitigating odors from an odor emission source designed and approved by a licensed professional engineer with experience in odor control.
(c) "Township" means the Charter Township of Clinton.
(d) "Code Enforcement Official" means the designated representative of the township, including but not limited to the Building Director, employees within the Building Department, police officers and fireman, who are authorized for oversight and enforcement of the requirements herein.
(e) "Department" shall mean the Building Department.
(f) "Director" shall mean the Building Director, Department Head of the Township Building Department.
(g) "Nuisance" means something that is deemed offensive, annoying, obnoxious, or interferes with the comfortable enjoyment of life or property to an individual or a property within the township.
(h) "Odor" means the property or quantity of a substance that activates, affects, stimulates, or is perceived by the sense of smell.
(i) "Odor complaint" means a communication received by the township from a person identifying themselves by furnishing a name, address, phone number and description of and duration of the odor. If the name and address of the person making the odor complaint cannot be verified, such odor complaint shall be used solely for tracking purposes, rather than enforcement. The township may in its discretion proceed without complete information listed to qualify as a defined odor complaint.
(j) "Odor emission" means the release of offensive or nuisance smoke, gases, fumes and vapors into the atmosphere from a source the "odor generator" which is unreasonably unpleasant, distasteful, disturbing, nauseating, or harmful to a person of ordinary sensibilities, and/or the release of offensive or nuisance smoke, gases, fumes and vapors which are detected in the ambient air on the property boundary of the premises from which the odor is generated, after it is diluted with seven volumes of odor-free air as measured by a field olfactometer operated according to manufacturer specifications by a township employee trained in the use of the olfactometer in concentrations and frequencies for a durations that can be perceived when one volume odorous air is diluted with seven volumes of odor-free air for two separate trials not less than five minutes apart within a period of one hour.
(k) "Odor generator" means any person causing an odor emission or significant odor complaint or both and any property owner or occupant from which an odor emission occurs or from which a significant odor complaint originates.
(l) "Person" means an individual living person, or legal fictional entity such as a corporation, partnership, limited liability company or other similar entity.
(m) "Significant odor complaint" shall mean the receipt of three or more odor complaints from different property addresses, independent from each other, within a ten day period relating to a premises from which an odor emission has occurred.
(Ord. 452. Passed 5-13-19.)