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I <br /> ' SECTION 9.11 EMISSION OF AIR CONTAMINANT: DETRIMENT TO <br /> PERSON OR PROPERTY Adopted 03/13/68(12)Revised 06/09/83(536),03/11/99(882) <br /> ' (a) It shall be unlawful for any person to cause or allow the emission of any air contaminant <br /> in sufficient quantities and of such characteristics and duration as is, or is likely to be, <br /> injurious to human health, plant or animal life, or property, or which unreasonably <br /> interferes with enjoyment of life and property. <br /> ' (b) With respect to odor, the Agency may take enforcement action under this section if the <br /> Control Officer or a duly authorized representative has documented all of the following: <br /> ' (1) The detection by the Control Officer or a duly authorized representative of an <br /> odor at a level 2 or greater, according to the following odor scale: <br /> level 0 — no odor detected; <br /> level 1 — odor barely detected; <br /> level 2 — odor is distinct and definite, any unpleasant characteristics <br /> recognizable; <br /> level 3 — odor is objectionable enough or strong enough to cause attempts at <br /> avoidance; and <br /> level 4 — odor is so strong that a person does not want to remain present; <br /> ' (2) An affidavit from a person making a complaint that demonstrates that they have <br /> experienced air contaminant emissions in sufficient quantities and of such <br /> ' characteristics and duration so as to unreasonably interfere with their enjoyment <br /> of life and property; and <br /> (3) The source of the odor. <br /> (c) Nothing in this Regulation shall be construed to impair any cause of action or legal <br /> remedy of any person, or the public for injury or damages arising from the emission of <br /> any air contaminant in such place, manner or concentration as to constitute air pollution <br /> or a common law nuisance. <br /> SECTION 9.13 EMISSION OF AIR CONTAMINANT: CONCEALMENT <br /> AND MASKING RESTRICTED Adopted 03/13/68(12)Revised 06/09/88(621) <br /> (a) It shall be unlawful for any person to cause or allow the installation or use of any device <br /> ' or use of any means which, without resulting in a reduction in the total amount of air <br /> contaminant emitted, conceals an emission of air contaminant which would otherwise <br /> violate this article. <br /> (b) It shall be unlawful for any person to cause or allow the installation or use of any device <br /> or use of any means designed to mask the emission of an air contaminant which <br /> causes detriment to health, safety or welfare of any person. <br /> I <br /> I <br /> ' Page 5of7 <br />