Section 4.78.060 Notice by Industry.

1. Violation of this chapter shall not be found if an industry, facility, or source that may be emitting odors has notified the Enforcement Official or his or her designee that it is or will be involved in the start-up, shut-down, cleaning, maintenance or test of:

b. Machinery or equipment designated to control, reduce or eliminate odor emissions. If feasible, the industry shall schedule ordinary maintenance procedures at such times during the year when it will cause the least odor emissions.

2. The notice required herein shall be given in writing, or, if given by oral communication due to an emergency situation, confirmed in writing. The notice shall include the date and duration of the repair or maintenance.

3. Except in emergencies, this notification shall be made no later than twenty-four hours, nor earlier than seven days prior to the scheduled repair or maintenance.

4. In the event of an emergency shut-down of odor control equipment or an emergency situation causing odor emissions or noncompliance with an Odor Abatement Plan or an Odor Compliance Plan, violation of this chapter shall not be found if the industry, facility, or source notifies the Enforcement Official or his or her designee orally within twelve hours of the shut-down or emergency situation. Written notification as provided in paragraph 2., above must follow in writing within five days of the event.

5. The Enforcement Official may confirm such notice by inspection of the premises during regular business hours.

6. If the time requested for such action is considered unreasonably prolonged by the Enforcement Official, the Enforcement Official may request that the repair activity engaged in be conducted in a shorter period of time. (Ord. 92/U-425)