Title49 - Nuisance Control Requirements
Nuisance Control Requirements
Section 49-005 Definitions
Definitions of words or terms used in Title 49 can be found in LRAPA Title
12, “Definitions.”
Section 49-010 Nuisance Prohibited
- No person may cause or allow air contaminants from any source subject to
regulation by the Authority to cause a nuisance.
- Upon determining that a nuisance may exist, the Authority will provide written
notice to the person creating the suspected nuisance. The Authority will endeavor
to resolve observed nuisances in keeping with the policy outlined in Section
15-001. If the Authority subsequently determines that a nuisance exists under
Section 49-020 and proceeds with a formal enforcement action pursuant to Title
15, the first day for determining penalties will be no earlier than the date
of this written notice.
| Section 49-020 Determining Whether a Nuisance Exists |
| 1. In determining a nuisance, the authority may consider
factors including, but not limited to, the following: |
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A. frequency of the emissions; |
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B. duration of the emissions; |
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C. strength or intensity of the emissions, odors, or
other offending properties of the emissions; |
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D. number of people impacted; |
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E. the suitability of each party’s use to the character
of the locality in which it is conducted; |
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F. extent and character of the harm to complainants;
and |
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G. the source’s ability to prevent or avoid harm. |
| 2. Compliance with a Best Work Practices Agreement
that identifies and abates a suspected nuisance constitutes compliance with
Section 49-010 for the identified nuisance. For sources subject to Title
34, compliance with specific permit conditions that results in the abatement
of a nuisance associated with an operation, process or other pollutant-emitting
activity constitutes compliance with Section 49-010 for the identified nuisance.
For purposes of this section, “permit condition” does not include the general
condition prohibiting the creation of nuisances. |
| 49-030 Best Work Practices Agreement |
| 1. A person may voluntarily enter into an agreement
with the Authority to implement specific practices to abate the suspected
nuisance. This agreement may be modified by mutual consent of both parties.
This agreement will be an Order for the purposes of enforcement under Title
15. |
| 2. For any source subject to Title 34, the conditions
outlined in the Best Work Practices Agreement will be incorporated into
the permit at the next permit renewal or modification. |
| 3. This agreement will remain in effect unless or until the
Authority provides written notification to the person subject to the agreement
that: |
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A. the agreement is superseded by conditions and requirements
established later
in a permit; |
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B. the Authority determines the activities that were
the subject of the agreement no longer occur; or |
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C. the Authority determines that further reasonably
available practices are necessary to abate the suspected nuisance. |
| 4. The agreement will include one or more specific
practices to abate the suspected nuisance. The agreement may contain other
requirements including, but not limited to: |
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A. monitoring and tracking the emissions of air contaminants; |
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B. logging complaints and the source’s response to
the complaints; and |
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C. conducting a study to propose further refinements
to best work practices. |
5. The Authority will consult, as appropriate, with
complainants with standing
in the matter throughout the development, preparation, implementation, modification
and evaluation of a Best Work Practices Agreement. The Authority will not
require
that complainants identify themselves to the source as part of the investigation
and development of the Best Work Practices Agreement. |
Section 49-040 Masking of Emissions
No person may cause or permit the installation or use of any device or use
of any means designed to mask the emission of an air contaminant that causes
or is likely to cause detriment to health, safety, or welfare of any person
or otherwise violate any other regulation or requirement.
Section 49-050 General
- Domestic residences of four or fewer family living units are exempt from
the requirements of Title 49.
- Compliance with any of the requirements of Title 49 does not preclude required
compliance with any other requirement of the Authority’s Rules and Regulations.
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