§ 93.025 CITY LIABILITY.

   The city shall not be liable for any losses occurring due to any hazardous condition created which may be claimed by any person.

(Prior Code, § 4-6-6) (Ord. 280, passed 8-1-1983)

ODOR CONTROL

§ 93.040 DEFINITIONS.

   For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

   ATMOSPHERE. All space outside of buildings, stacks or exterior ducts.

   BEST AVAILABLE CONTROL TECHNOLOGY (BACT). The utilization of those technologies, processes, procedures or operating methods, or alterations by an industry or other source which results in elimination or the maximum achievable reduction of odor pollution from an odor emission point source.

   EMISSION. A release of air contaminants causing an odor to enter the outdoor atmosphere.

   ODOR. That which produces a response of the human sense of smell to an odorous substance which is deemed objectionable by a reasonable person.

   ODOR ALERT. An odor circumstance which generates three or more unrelated complaint calls to the city within a six-hour period, and which is determined by the Building and Zoning Officer and at least one other city employee to constitute an objectionable odor.

   ODOR POLLUTION. An odor emitted to the atmosphere by an industry or other source which is determined by the Building and Zoning Officer to be the cause of an odor alert.

   SIGNIFICANT ODOR GENERATOR. An industry, facility or other source which has been identified by the Building and Zoning Officer as the cause of three odor alerts in a 90-day period or which, due to the nature of the commercial or industrial process, is reasonably likely to be an odor pollution producer if best available control technology is not implemented and monitored.

(Prior Code, § 4-7-1) (Ord. 751, passed 6-3-2013)

§ 93.041 ODOR POLLUTION PROHIBITED.

   No person, industry, facility or other source shall erect, continue or use any building or other place that occasions ODOR POLLUTION as defined in § 93.040. The production of odor pollution is deemed a public nuisance and an environmental violation.

(Prior Code, § 4-7-2) (Ord. 751, passed 6-3-2013) Penalty, see § 93.999

§ 93.042 CLASSIFICATION AS SIGNIFICANT ODOR GENERATOR.

   (A)   Upon a determination by the Building and Zoning Officer that an industry, facility or other source is a significant odor generator, the Building and Zoning Officer shall notify the operator and shall require the operator to provide to the city, within 30 days of the date of notification, a compliance plan, including an evaluation and analysis of odor produced, a description of investigation undertaken and studies conducted, and a description of a proposed plan utilizing the BACT for the mitigation and on-going control of odor. The period of time for the production of this report shall be determined by the Building and Zoning Officer.

   (B)   Upon receipt of the compliance report, the Building and Zoning Officer shall review the report for adequacy. If deemed necessary by the Building and Zoning Officer, the report may be submitted to a private consultant for review and recommendation; the cost of the consultant’s review will be borne by the subject industry, facility or source.

   (C)   The report shall include an implementation plan which shall include implementation, operation, observation and maintenance of technologies, processes, procedures or operating methods to accomplish best available odor control.

(Prior Code, § 4-7-3) (Ord. 751, passed 6-3-2013)