Section 4.78.080 Enforcement.

1. The Odor Emissions Control Program established by this chapter shall be implemented, administered, and enforced by the Citizen Odor Committee.

2. The provisions of this chapter which prohibit the causing or continuation of odor emissions, shall be enforced only upon the finding by the Citizen Odor Committee that a source is a significant odor generator as defined in Section 4.78.020. Notification by the Odor Hot Line Operator as provided in Section 4.78.030-5, shall be sufficient to establish the fact of a significant odor complaint condition regarding an odor emission upon verification by the Enforcement Official of the names and addresses of the complainants. Upon receipt of such notification by the Odor Hot Line Operator, the Enforcement Official shall undertake the investigation required by paragraphs 5 or 6 herein.

3. If the Enforcement Official makes a preliminary finding that an industry, facility, or source is a significant odor generator pursuant to paragraph 6. herein, then the Citizen Odor Committee shall review this finding at its next meeting. At this meeting, the Citizen Odor Committee shall make its own finding as to whether an industry, facility, or source is a significant odor generator, taking into consideration the following factors:

a. The location of the complainants in relation to the alleged significant odor generator;

b. The degree or intensity of the odor;

c. The level of cooperation of the industry identified as a significant odor generator;

d. The need to designate the industry, facility, or source in order to enforce compliance with this chapter; and

e. A review of the factors considered by the Enforcement Official in reaching the preliminary finding under paragraph 6. herein.

4. In addition, to further implement and enforce this chapter the Enforcement Official may:

a. Conduct research, monitoring, and other studies related to odor pollution;

b. Review public and private projects, including those subject to mandatory review or approval by other departments of the City for compliance with this chapter, if these projects are likely to cause odor pollution in violation of this chapter.

5. Non-significant Odor Generator. For an industry, facility, or source not designated as a significant odor generator, the following procedures shall apply:

a. Upon notification of a significant odor complaint by the Odor Hot Line Operator, the Enforcement Official shall:

(1) Determine the location which resulted in a significant odor complaint.

(2) Prepare a summary of the odor description which resulted in the significant odor complaint;

(3) Determine the general weather condition at the time of the significant odor complaint including wind direction, temperature, wind velocity, and humidity.

(4) Immediately visit the general area from which the majority of complaints were generated in order to characterize the nature of the complaint; and

(5) Verify the names and addresses of the complainants.

b. Based on the parameters in paragraph 5a. above, the Enforcement Official shall attempt to make a determination as to the industry, facility, or source of the significant odor complaint.

c. If the Enforcement Official determines that a specific industry, facility, or source is the cause of odor emissions resulting in the significant odor complaint, the Enforcement Official shall immediately provide telephone notification to the owner, operator, or manager of the facility that the facility has been designated as the cause of odor emissions resulting in a significant odor complaint. The Enforcement Official shall follow up the telephone notification with a written notice to the owner, operator, or manager of the facility.

d. The telephone and written notifications shall contain the following:

(1) The dates, times, and locations of the occurrences of the odors described in the odor complaints;

(2) The factors, evidence and other information constituting the basis for the decision of the Enforcement Official; and

(3) The potential for the industry, facility, or source to be designated as a significant odor generator, and the potential for enforcement action.

6. Significant Odor Generators. The following procedures apply for the investigation and identification of a significant odor generator, as defined in Section 4.78.020-8 :

a. Upon notification of three significant odor complaints within a ninety (90) day period by the Odor Hot Line Operator, the Enforcement Official shall:

(1) Determine the location which resulted in the significant odor complaints;

(2) Prepare a summary of the odor descriptions contained in the complaints, including the nature of the odor, the average duration the odor was noticed, and the dates and times of the occurrence of the odor, and the time of day the first complaint was filed with the Odor Hot Line;

(3) Determine the general weather conditions at the time of the complaints, including wind direction, temperature, wind velocity, and humidity.

(4) Immediately visit the general area from which the majority of complaints were generated in order to verify and characterize the nature of the complaint; and

(5) Verify the names and addresses of the complainants.

b. Based upon the above review, the Enforcement Official shall attempt to make a preliminary finding as to:

(1) Whether an odor emission as defined in Section 4.78.020-8 occurred and was the result of the three significant odor complaints within a 90-day period, and, if so;

(2) The industry, facility, or source that was the cause of the three significant odor complaints within a 90-day period.

c. If the Enforcement Official determines that an odor emission occurred which caused three significant odor complaints within a 90-day period and determines that such odor emission may have been caused by an industry, facility, or source, then the Enforcement Official shall:

(1) Inspect the facility's operating log books pertaining to odor control, the instrumentation monitoring the odor control and process equipment, any processes and equipment that may relate to odor generation and control; and

(2) Where applicable, the Enforcement Official shall make a determination as to whether the facility is operating within the parameters set forth in its Odor Abatement Plan or its Odor Compliance Plan.

d. Based upon the results of the investigation conducted in accordance with paragraphs 6a. and 6b. above, if the Enforcement Official makes a preliminary finding that an industry, facility, or source was the cause of odor emissions resulting in three significant odor complaints within a 90-day period, and, where applicable, that the industry, facility, or source was not operating within the parameters of its Odor Abatement Plan or its Odor Compliance Plan, then the Enforcement Official shall refer this finding to the Citizen Odor Committee. This referral shall be in writing, and the Enforcement Official shall send a copy of this referral to the industry, facility, or source via Certified Mail, Return Receipt Requested. This notice shall include:

(1) The dates, times, and locations of the occurrences of the odors described in the Odor Complaints;

(2) The factors, evidence and other information constituting the basis for the decision of the Enforcement Official; and

(3) A statement that this finding has been referred to the Citizen Odor Committee for consideration pursuant to this chapter.

e. Upon receipt by the Citizen Odor Committee of a preliminary finding by the Enforcement Official that an odor emission resulting in three significant odor complaints within 90 days has occurred from an industry, facility, or source, the Citizen Odor Committee shall consider the factors outlined in paragraph-3. above. If the Citizen Odor Committee finds that an industry, facility, or source is a significant odor generator, then the Citizen Odor Committee shall follow the procedures outlined in Section 4.78.050. (Ord. 92/U-425)