Department of Environmental Quality
Chapter 340
Division 208
VISIBLE EMISSIONS AND NUISANCE REQUIREMENTS
340-208-0310
Nuisance Control Requirements: Determining Whether A Nuisance Exists
(1) In determining whether a nuisance exists, DEQ may consider factors including, but not limited to, the following:
(a) Frequency of the emission;
(b) Duration of the emission;
(c) Strength or intensity of the emissions, odors or other offending properties;
(d) Number of people impacted;
(e) The suitability of each party's use to the character of the locality in which it is conducted;
(f) Extent and character of the harm to complainants;
(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 OAR 340-208-0300 for the identified nuisance. For sources subject to 340-216-0020 or 340-218-0020, 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 340-208-0300 for the identified nuisance. For purposes of this section, "permit condition" does not include the general condition prohibiting the creation of nuisances.
Statutory/Other Authority: ORS 468, 468A.010 & 468A.025
Statutes/Other Implemented: ORS 468A.010 & 468A.025
History:
DEQ 7-2015, f. & cert. ef. 4-16-15
DEQ 2-2001, f. & cert. ef. 2-5-01