Chapter 376 - ODOR CONTROL

Sec. 368.305. - Appeals. Chapter 380 - SOLID WASTE MANAGEMENT Chapter 376 - ODOR CONTROL[1]

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State Law reference— Local pollution control programs, F.S. § 403.182.

Sec. 376.101. - Legislative findings and determinations.

The Council finds and determines as follows:

(a)

It is the City's responsibility to provide its inhabitants with air that is pure, wholesome and free from objectionable odors that cause distaste or annoyance or which unreasonably interfere with or impair the full use, benefit or development of the community.

(b)

That reduced sulfur compounds and total reduced sulfur (TRS) compounds are uniquely odoriferous in very small quantities when emitted into the air separately or in combination with other compounds, chemicals or gases.

(c)

That the smell associated with reduced sulfur compounds and TRS compounds has been and continues to be a source of irritation and annoyance in the City when such odors are allowed to escape beyond the property limits of the premises which emit such odors.

(d)

That such odors adversely impact on property values and unreasonably interfere with the health and welfare and comfortable enjoyment of life or property of the community.

(e)

That the normal conduct of business, living conditions and welfare of the inhabitants of the City is adversely affected by the emission of such odors.

(f)

That because of the unique industrial, geographic and meteorological conditions common to the community, the emission of reduced sulfur compounds and TRS compounds, particulates, gases or odors into the air or water of the City poses a clear and continuing source of irritation and annoyance.

(g)

That it is the responsibility of local government to prevent and control all odor emissions in the interest of the public health, comfort, safety and welfare of the inhabitants of the City.

(h)

That the Board shall have and exercise all reasonable and necessary power and authority to eliminate all objectionable odors including, but not limited to, those odors associated with reduced sulfur compounds and TRS, including but not limited to, those which exist outside the property limits of the premises which emit such objectionable odors, gases or malodorous compounds; which objectionable odors, gases or malodorous compounds are or may be detrimental to human, animal or plant life of any kind or which unreasonably interfere with the comfortable enjoyment of life or property or the conduct of business.

(Ord. 88-117-123, § 19)

Sec. 376.102. - Public policy.

It is the public policy of the City that all objectionable odors in general, and reduced sulfur compounds and TRS odors in particular, be eliminated within the limits of available technology and that the Environmental Protection Board shall use every reasonable means to determine and identify the sources of odors in the community and establish all reasonable and necessary procedures, rules, regulations and standards necessary to detect, monitor and eliminate reduced sulfur compounds and TRS odors and other nauseous, malodorous or irritating odors within the City.

(Ord. 88-117-123, § 20)

Sec. 376.103. - Exercise of County powers; territorial application of Chapter.

This Chapter is an exercise of the City's powers as a County under F.S. § 403.182. This Chapter shall apply throughout the General Services District.

(Ord. 84-674-684, § 4)

Sec. 376.104. - Definitions.

In this Chapter, unless the context otherwise requires:

(a)

Board means the Environmental Protection Board.

(b)

Director means the Director of Neighborhoods.

(c)

Department means the Neighborhoods Department.

(d)

Objectionable odor means an irritating, malodorous or nauseous odor which, by itself, or in combination with other odors, fumes or gases exists in the atmosphere in sufficient quantities and of such duration:

(1)

Exceeds an acceptable level established by the Board under its rulemaking authority; or

(2)

Is irritating, annoying or offensive to a person of normal sensibilities; or

(3)

Is injurious to human, plant or animal life; or

(4)

Unreasonably interferes with the comfortable use and enjoyment of life or property or the conduct of business.

However, if a person alleged to have caused an objectionable odor shows that an emission is made in compliance with odor emission standards, ambient odor standards, odor incineration standards, an odor compliance plan or a consent order with respect to odor, such emission shall not be deemed an objectionable odor; provided, however, that nothing contained herein shall be construed to prohibit abatement of or enforcement against objectionable odors from a source or sources not specifically regulated or not in compliance with the above mentioned standards, compliance plans or consent orders.

(e)

Odor means a sensation resulting from stimulation of the human olfactory organ or a quantifiable level of chemical, fume or gas which has been established by standards of the Board to constitute an odor.

(f)

Person has the meaning given to it in Section 2.101(g), Ordinance Code of the City of Jacksonville and in addition includes any officer, employee, agent, department or instrumentality of the Federal Government, any state, municipality, or political subdivision of the State, or of any foreign government.

(g)

Reduced sulfur compound means either hydrogen sulfide or methyl mercaptan, or dimethyl disulfide or dimethyl sulfide.

(h)

Total reduced sulfur (TRS) means the sum of the sulfur compounds hydrogen sulfide, methyl mercaptan, dimethyl sulfide, and dimethyl disulfide.

(i)

Odor nuisance means the use of any property, facilities, equipment, processes, products or compounds, or the commission of any acts that cause the emission into the outdoor air of dust, fume gas, mist, odor, smoke or vapor, or any combination thereof of a character and in the quantity as to be detectable by the public at any point beyond the property limits of the premises occupied or used by the person responsible for the source thereof, and so as to affect the public in one or more of the following ways: (1) lessen the normal food and water intake of persons of normal sensitivities; (2) produce irritation of the upper respiratory tract in persons of normal sensitivities; (3) produce symptoms of nausea in persons of normal sensitivities; (4) cause injury or damage to real property, personal property, or human, animal or plant life of any kind; (5) cause harm to the health of persons of normal sensitivity; or (6) unreasonably interfere with the normal use and enjoyment of life or property. If a person alleged to have caused an odor nuisance shows that such an odor nuisance was made in compliance with odor emission standards, ambient odor standards, odor incineration standards, an odor compliance plan or a consent order with respect to odor, such emission shall not be deemed an odor nuisance.

(Ord. 84-674-684, § 4; Ord. 88-117-123, § 21; Ord. 91-193-80, § 1; Ord. 94-144-121, § 7; Ord. 2008-513-E, § 1; Ord. 2011-732-E; Ord. 2013-209-E, § 40; Ord. 2016-140-E, § 16)

Sec. 376.105. - Chapter 360 applicable.

The provisions of Chapter 360 shall be applicable to this Chapter, unless otherwise specifically provided in this Chapter.

(Ord. 84-674-684, § 4)

Sec. 376.106. - Enforcement.

In addition to the enforcement provisions otherwise provided, this Chapter shall be enforced by the Director and the Board generally as provided in Chapter 360. The Director may utilize the enforcement provisions of Chapter 360 under any of the following circumstances:

(a)

Violation of any ambient or other odor standard, rule, regulation, compliance plan or agreement promulgated or entered into under the provisions of this ordinance; or

(b)

Receipt by the Director of citizen complaints regarding objectionable odors from at least five persons who do not live in the same household within a 90-day period, alleging that a person or entity is responsible for objectionable odors at or beyond the property line of the responsible person. The Director shall, by rule, prescribe the manner for filing and verifying citizen complaints and for informing the responsible persons or entities that complaints have been filed against them. The Director shall not amend the procedures for filing or verifying complaints without first giving notice and the opportunity to comment to interested persons and the public generally.

(Ord. 88-117-123, § 22)

Sec. 376.107. - Rulemaking authority of Board.

The Board shall, by rule, establish:

(a)

Odor emission limits,

(b)

Ambient odor standards, and

(c)

Incineration standards for objectionable odors that can be incinerated,

Which are applicable to objectionable odors emitted by a source. The rules of the Board shall prescribe:

(a)

The methodology for arriving at these standards.

(b)

The method by which violation of the odor emission limits is established.

(c)

Specific analysis procedures with respect to ambient odor standards.

(d)

Specific objectionable odors which must be incinerated. The rules may provide for a technique or method other than incineration to be used to comply with the requirements of the incineration standards if it is shown to the satisfaction of the Board that the technique or method is equivalent to or exceeds the required incineration in terms of control of the odor emissions.

The Board may exempt activities from the rules in those cases in which it would be manifestly inappropriate to subject them to regulation.

(Ord. 84-674-684, § 4)

Sec. 376.108. - Variances.

A variance to cause or create an odor which would otherwise be in violation of this Chapter may be granted as provided in Section 360.110.

(Ord. 84-674-684, § 4)

Sec. 376.109. - Appeals.

Appeals shall be heard as provided in Part 4, Chapter 360.

(Ord. 84-674-684, § 4)

Sec. 376.110. - Violations and penalties.

A person who, knowingly and willfully or by culpable negligence:

(a)

By taking a measurement of odor levels under the rules of the Board, falsifies a record or tampers with the monitoring equipment so as to produce false measurements, or procures or acquiesces in this falsification or tampering;

(b)

Violates a rule, regulation, order or compliance plan of the Board, with respect to odor pollution control or causes an odor nuisance;

(c)

Each day, during any part of which such violation, as described in subsections (a), (b) and (c) of this Section, occurs, constitutes a separate offense.

(Ord. 91-193-80, § 2)

Editor's note— Former § 376.110, relative to violations and penalties, was repealed by § 2 of Ord. 91-193-80. Former § 376.110 derived from § 4 of Ord. 84-674-684 and § 23 of Ord. 88-117-123.

Sec. 376.111. - Civil penalties.

The following civil penalties may be assessed by administrative or judicial process:

(a)

A person who:

(1)

Makes or continues or causes or contributes to causing or making or continuing an objectionable odor or an odor in violation of the standards or rules or regulations established by the rules of the Board; or

(2)

Violates an agreement or stipulation with the Board or an order of the Board or a condition of a variance granted by the Board under Section 376.108;

May be administratively or judicially assessed a civil penalty of up to $10,000 for each violation.

(b)

An applicant for a variance under this Chapter and an officer, director, partner, agent or attorney of an applicant who knowingly makes a false statement or provides false information on a document or paper accompanying and forming a part of the application shall be administratively or judicially assessed a civil penalty of up to $1,000 for each false statement or false item of information.

(c)

A person who aids or participates in a violation for which a civil penalty may be assessed under this Chapter shall be considered a principal in the violation and may be assessed a civil penalty of up to the maximum amount prescribed for that violation.

(d)

For violations that are of a continuing nature, each day that the violation continues shall be a separate offense subject to penalty.

(Ord. 84-674-684, § 4; Ord. 88-117-123, § 24; Ord. 89-1235-597, § 1)

Sec. 376.112. - Assessment and recovery of civil penalty.

Civil penalties shall be assessed by the administrative process in Chapter 360 or, in the alternative, by judicial process in a civil action filed, in the name of the City, in a court of competent jurisdiction, giving due consideration to the appropriateness of the penalty with respect to the gravity of the violation, the good faith of the violator, the history of previous violations, and the financial ability of the violator to respond. A civil penalty assessed and owed under this Chapter shall be paid to the Tax Collector for deposit into the Environmental Protection Fund established by Section 360.601. An administratively assessed civil penalty under this Section may be recovered in a civil action in the name of the City. The City shall be entitled to reasonable attorney's fees and costs, including appellate fees and costs, in an action where the City is successful in obtaining affirmative relief.

(Ord. 84-674-684, § 4; Ord. 88-117-123, § 25)

Sec. 368.305. - Appeals. Chapter 380 - SOLID WASTE MANAGEMENT