Nuisance Odor Investigation and Enforcement in the City

Nuisance Odor Investigation and Enforcement in the City of Fort Worth October 7, 2008 1

Objectives • Define an nuisance • Outline the City’s contractual relationship with the Texas Commission on Environmental Quality • Describe the odor complaint investigation procedures • Answer questions 2

What is a nuisance? • 30 TAC 101. 4 – No person shall discharge from any source whatsoever one or more air contaminants or combinations thereof, in such concentration and of such duration as are or may tend to be injurious to or to adversely affect human health or welfare, animal life, vegetation, or property, or as to interfere with the normal use and enjoyment of animal life, vegetation, or property. 3

What is a nuisance? • 30 TAC 101. 4 – No person shall discharge from any source whatsoever one or more air contaminants or combinations thereof, in such concentration and of such duration as are or may tend to be injurious to or to adversely affect human health or welfare, animal life, vegetation, or property, or as to interfere with the normal use and enjoyment of animal life, vegetation, or property. 4

What is a nuisance? • Code of the City of Fort Worth Sec. 12. 5 -211. Nuisance. – (b) An emission of one (1) or more air contaminants, in such concentration and duration that is or may tend to be injurious to or that does or may affect human health or welfare, animal life, vegetation, or property, or that interferes with the normal use and enjoyment of animal life, vegetation, and property, is hereby declared to be a nuisance. – (Ord. No. 12274, § 1, 11 -28 -95) 5

City of Fort Worth vs. TCEQ • State of Texas contracts with the City to provide air quality inspection and enforcement services within our municipal boundaries – Permit review – Compliance Inspection – Air Quality Monitoring – Citizen Complaints • When we step on site we are acting under the authority of the State of Texas 6

How is a Nuisance Odor Assessed? • 12 step process – Investigate – Assess 7

How is a Nuisance Odor Assessed? • 12 step process – Investigate – Assess • Identification of an Affected Party (Complainant) 8

How is a Nuisance Odor Assessed? • 12 step process – Investigate – Assess • Identification of an Affected Party (Complainant) • FIDO Chart – Used to objectively assess the presence of an enforceable nuisance violation 9

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Enforcement • All violations are handled through state enforcement process – Notice of Violation • Cure period – Formal Enforcement through the State of Texas • Fine • Agreed Order with Compliance provisions • No municipal citation issues – Cannot enforce both state law and local ordinance 13

Animal Works, LLC (A. K. A. Big Cheese Rodent Factory) • Notice of Violation Issued May 20, 2008 – Nuisance Odor – Compliance date – November 1, 2008 • Activity to Date – Secured an enclosed Compactor – Submitted plan for ventilation system • Included Pricing – Working to get building permits 14

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