Sec. 4-10. - Nuisance.
(a) To prevent and control nuisance odors, an odor control plan shall be submitted to the Manager describing the odor(s), if any, originating or anticipated to originate at the premises and the control technologies to be used to prevent such odor(s) from leaving the premises in any of the following occur:
(1) If odorous contaminants are detected when one (1) volume of the odorous air has been diluted with seven (7) or more volumes of odor-free air, as measured by any instrument, device, or method designated by the Colorado Air Pollution Control Division to be used in the determination of the intensity of an odor and in the enforcement of Colorado Air Quality Control Commission Regulation 2.
(2) If the department receives five (5) or more complaints from individuals representing separate households or businesses within the city within a 30-day period relating to a single odor description, and the department verifies the source of the odor. To be considered an odor complaint the department must have a record of it, which must include the:
a. Name, address and phone number of complainant.
b. Time and date of call.
c. Description of odor nuisance, including estimated location or source of complaint, and if possible, prevailing wind or weather conditions observed.
(3) If any person engages in one (1) or more of the following activities:
a. Pet food manufacturing;
b. Marijuana growing, processing, manufacturing, or consumption, as provided in chapter 6;
c. Rendering and meat byproduct processing;
d. Asphalt shingle and coating materials manufacturing;
e. Petroleum refining;
f. Sewage treatment;
g. Wood preservation;
h. Any other activity determined by the board through a rulemaking to cause, or be likely to cause, nuisance odors.
(4) The department shall use reasonable efforts to investigate all odor complaints and undertake enforcement and regulatory measures necessary to abate nuisance odors.
(b) Unlawful acts.
(1) It shall be unlawful for any person to emit air contaminants that constitute a nuisance as defined in section 4-2.
a. It shall be an affirmative defense to a violation of this section that a person is in compliance with a submitted odor control plan.
(2) It shall be unlawful for any person to emit odorous air contaminants without submitting an odor control plan when one is required by this section, by rules promulgated by the board, or by an order issued by the manager, irrespective of whether odorous contaminants are detected when one (1) volume of the odorous air has been diluted with seven (7) more volumes of odor-free air, as measured by any instrument, device, or method designated by the Colorado Air Pollution Control Division to be used in the determination of the intensity of an odor and in the enforcement of Colorado Air Quality Control Commission Regulation 2.
(3) It shall be unlawful for any person to fail to adhere to a submitted odor control plan when one is required by this section, by rules promulgated by the board, or by an order issued by the manager, irrespective of whether odorous contaminants are detected when one (1) volume of the odorous air has been diluted with seven (7) more volumes of odor-free air, as measured by any instrument, device, or method designated by the Colorado Air Pollution Control Division to be used in the determination of the intensity of an odor and in the enforcement of Colorado Air Quality Control Commission Regulation 2.
(c) Temporary rodeos, stock shows, tarring operations, and other similar temporary events are exempt from this section.
(d) Board to promulgate rules. The board shall promulgate rules regarding the contents of odor control plans required by this section, which shall include, but are not limited to: identification of odor sources; odor control technologies and practices; operation and maintenance plans; and timelines for implementation.
(e) Effective date. Where applicable, the requirement to submit an odor control plan shall become effective ninety (90) days from adoption of rules pursuant to this section.
(Ord. No. 292-90, § 3, 5-29-90; Ord. No. 683-08, § 5, 12-8-08; Ord. No. 257-16, § 1, 5-2-16; Ord. No. 217-21, § 2, 4-19-21)
