Or. Admin. Code § 340-208-0310 - 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.

Notes

Or. Admin. Code § 340-208-0310

DEQ 2-2001, f. & cert. ef. 2-5-01; DEQ 7-2015, f. & cert. ef. 4/16/2015

Stat. Auth.: ORS 468, 468A.010 & 468A.025

Stats. Implemented: ORS 468A.010 & 468A.025