Section 429.03. Malodorous emissions.

 

(1)   General limitations. No person may cause, allow or permit emission into the ambient air of any substance or combination of substances in such quantities that an objectionable odor is determined to result unless preventive measures satisfactory to the department are taken to abate or control such emission.

(2)   Objectionable odor tests. An odor shall be deemed objectionable when either or both of the following tests are met:

(a) Upon decision resulting from investigation by the department, based upon the nature, intensity, frequency and duration of the odor as well as the type of area involved and other pertinent factors.

(b) Or when 60% of a random sample of persons exposed to the odor in their place of residence or employment, other than employment at the odor source, claim it to be objectionable and the nature, intensity, frequency and duration of the odor are considered.

(3)   Abatement or control requirements. Abatement or control requirements may include but are not limited to:

(a) Use of catalytic incinerators, after burners, scrubbers, adsorbers, absorbers or other methods approved by the department.

(b) The removal and disposal of odorous materials.

(c) The use of methods in handling and storage of odorous materials that minimize emissions.

(d) The following of prescribed standards in the maintenance of premises to reduce odorous emissions.

(e) Use of best available control technology to reduce odorous emissions.

History: Renum. from NR 154.18 (1), Register, September, 1986, No. 369 , eff. 10-1-86; am. (1), Register, May, 1992, No. 437 , eff. 6-1-92.