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1 <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 <br /> enjoyment of life and property; and <br /> 1 (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 <br /> of any air contaminant in such place, manner or concentration as to constitute air <br /> pollution 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 <br /> device or use of any means which, without resulting in a reduction in the total amount <br /> of air contaminant emitted, conceals an emission of air contaminant which would <br /> otherwise violate this article. <br /> (b) It shall be unlawful for any person to cause or allow the installation or use of any <br /> device or use of any means designed to mask the emission of an air contaminant <br /> which causes detriment to health, safety or welfare of any person. <br /> I <br /> I <br /> SECTION 9.15 FUGITIVE DUST CONTROL MEASURES <br /> Adopted 03/13/68(12)Revised 06/09/83(536),06/09/88(621),08/10/89(644),03/11/99(882) <br /> (a) It shall be unlawful for any person to cause or allow visible emissions of fugitive dust <br /> unless reasonable precautions are employed to minimize the emissions. Reasonable <br /> precautions include, but are not limited to, the following: <br /> 1 (1) The use of control equipment, enclosures, and wet (or chemical) suppression <br /> techniques, as practical, and curtailment during high winds; <br /> (2) Surfacing roadways and parking areas with asphalt, concrete, or gravel; <br /> (3) Treating temporary, low-traffic areas (e.g., construction sites) with water or <br /> chemical stabilizers, reducing vehicle speeds, constructing pavement or rip rap <br /> exit aprons, and cleaning vehicle undercarriages before they exit to prevent the <br /> track-out of mud or dirt onto paved public roadways; <br /> or <br /> (4) Covering or wetting truck loads or allowing adequate freeboard to prevent the <br /> escape of dust-bearing materials. <br /> (b) Compliance with the provisions of this section shall not relieve any person from the <br /> responsibility to comply with Section 9.11 of this regulation. <br />