Section 4.78.050 Designation as a Significant Odor Generator.

Once the Citizen Odor Committee has determined that an industry, facility or source is a significant odor generator pursuant to Section 4.78.080 herein, the Enforcement Official shall:

1. Notify the industry, facility or source in writing that it has been found to be a significant odor generator. Appeal regarding such notice may be made by the industry, facility or source as provided in Section 4.78.120, and such notice shall include information regarding rights of appeal by the industry, facility or source as set forth in Section 4.78.120. Such notice shall also contain orders requiring a written response within fifteen days (15) by the industry, facility, or source stating any reasons or causes for the significant odor complaint, or any defenses to the designation as a significant odor generator, and proposing corrective action it would like the Citizen Odor Committee to consider.

2. Twenty days after receipt of the response by the industry, facility, or source, the Citizen Odor Committee shall withdraw the designation of significant odor generator, accept the proposed corrective action, propose corrective action to the industry, facility, or source, or issue an order to the industry, facility, or source requiring the following:

a. Submission to the Enforcement Official of a preliminary Odor Compliance Plan within 30 days of written notification of an industry, facility, or source that it is a significant odor generator. The preliminary Odor Compliance Plan shall contain, in general terms, the means by which an industry, facility, or source intends to evaluate and mitigate odor emissions; and

b. Submission to the Enforcement Official of a final Odor Compliance Plan within 120 days of notification that an industry, facility, or source is a significant odor generator. The final Odor Compliance Plan shall incorporate the best practicable odor control technology as defined herein for the mitigation of and control of odor from the industry, facility, or source. The final Odor Compliance Plan shall also include such monitoring instrumentation and equipment as needed to ensure the maximum effective operation of best practicable odor control technology and compliance with this ordinance. The final Odor Compliance Plan shall include specific time frames for the complete installation and start-up of best practicable odor control technologies.

b. Make a written recommendation to the Citizen Odor Committee to accept or reject the Final Compliance Plan, or to request modifications to the compliance plan prior to making a final decision regarding the Final Compliance Plan.

4. The Citizen Odor Committee shall review the Final Compliance Plan and the recommendation of the Enforcement Official, and either approve, reject, or request modification to the compliance plan. Approval or rejection of the Final Compliance Plan shall be made within 30 days after submission to the Citizen Odor Committee. The decision of the Citizen Odor Committee to accept or reject the Final Compliance Plan shall be made in writing to the significant odor generator. The written approval and acceptance of the Final Compliance Plan by the Citizen Odor Committee shall constitute the Odor Compliance Plan.

5. Failure to meet milestones and deadlines outlined in the Odor Compliance Plan or established by the Citizens Odor Committee, unless the failures are determined by the Citizen Odor Committee to be beyond the control of the significant odor generator or the result of an accident or unexpected and unforeseen events, shall result in penalties as outlined in Section 4.78.100.

6. Compliance shall be deemed achieved when the industry, facility, or source has completed the installation, start-up and operation of best practicable odor control technology in accordance with the Final Compliance Plan.

7. At such time that an industry, facility, or source has achieved compliance with the Final Compliance Plan and has received no significant odor complaints for a period of twelve (12) months, such industry, facility, or source shall be removed from the significant odor generator classification. (Ord. 92/U-425)