The following definitions shall apply in the interpretation and enforcement of this chapter.

    1. "Best Practicable Odor Control Technology" means the utilization of those technologies, processes, procedures, or operating methods by an industry, facility, or source which results in the most cost effective means of mitigation of odors from an odor emission point source.

    2. "Citizen Odor Committee" means the committee established pursuant to Section 4.78.040 herein.

    3. "Odor Compliance Plan" means an agreement between a significant odor generator and the Citizen Odor Committee which results in the utilization by the significant odor generator of best practicable odor control technology in an effort to mitigate odors.

    4. "Odor Abatement Plan" means a plan voluntarily submitted by an industry, facility, or source to the Citizen Odor Committee, and on file with the department of the City after the effective date of this ordinance.  Any plan submitted and approved by the department of the City prior to the effective date shall be deemed to be an Odor Abatement Plan for all purposes under this ordinance, including without limitation Section 4.78.090.

    5. "Atmosphere" means all space outside of buildings to which the general public has access.

    6. "Enforcement Official" means the Environmental Health Officer for the City of Sioux City, or his or her designee.

    7. "Odor" means that which produces a response of the human sense of smell to an odorous substance.

    8. "Odor Emission" means a release of offensive gases, fumes, and vapors into the atmosphere by an industry, facility, or source which is determined by the Enforcement Official to cause unreasonable injury, nuisance, or annoyance to the public.  The Citizen Odor Committee shall establish objective criteria for use by the Enforcement Official in determining whether an odor emission causes unreasonable injury, nuisance, or annoyance to the public.

    9. "Odor Complaint" shall mean a call received by the Odor Hot Line Operator from a person who identifies himself or herself by giving his or her name, address and phone number, and the location, description, 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 deemed null and void.

    10. "Significant Odor Complaint" shall mean the receipt of ten or more individual odor complaints from ten or more separate residences by the Odor Hot Line Operator within any six-hour period relating to a single odor description or location.

    11. "Significant Odor Generator" means an industry, facility or source which the Citizen Odor Committee has determined to be the cause of odor emissions resulting in three significant odor complaints in a 90-day period pursuant to Section 4.78.080 herein.  This definition includes any industry, facility or source of odors previously found to be in compliance with an Odor Abatement Plan or Odor Compliance Plan, which through violations of the Odor Abatement Plan or Odor Compliance Plan has caused odor emissions which result in three significant odor complaints in a 90-day period; provided, however, that any industry, facility or source which is operating in compliance with an Odor Abatement Plan is excluded from the definition of significant odor generator.

    12. "Non-significant Odor Generator" means an industry or other source which is the cause of a significant odor complaint but has not been designated as a significant odor generator as defined above.

    13. "Nuisances" shall have the meaning ascribed to it in Chapter 8.72 of the Municipal Code of the City of Sioux City.

    14. “Department” means the department of environmental services. (Ord. 98/U-6424; 92/U-425)