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(a) It shall be unlawful for any person to cause or allow the emission of any air contaminant in sufficient quantities and of such characteristics and duration as is, or is likely to be, injurious to human health, plant or animal life, or property, or which unreasonably interferes with enjoyment of life and property. (b) With respect to odor, the Agency may take enforcement action under this section if the Control Officer or a duly authorized representative has documented all of the following: (1) The detection by the Control Officer or a duly authorized representative of an odor at a level 2 or greater, according to the following odor scale: level 0 – no odor detected; level 1 – odor barely detected; level 2 – odor is distinct and definite, any unpleasant characteristics recognizable; level 3 – odor is objectionable enough or strong enough to cause attempts at avoidance; and level 4 – odor is so strong that a person does not want to remain present; (2) An affidavit from a person making a complaint that demonstrates that they have experienced air contaminant emissions in sufficient quantities and of such characteristics and duration so as to unreasonably interfere with their enjoyment of life and property; and (3) The source of the odor. (c) Nothing in this Regulation shall be construed to impair any cause of action or legal remedy of any person, or the public for injury or damages arising from the emission of any air contaminant in such place, manner or concentration as to constitute air pollution or a common law nuisance. SECTION 9.13 EMISSION OF AIR CONTAMINANT: CONCEALMENT AND MASKING RESTRICTED Adopted 03/13/68 (12) Revised 06/09/88 (621) (a) It shall be unlawful for any person to cause or allow the installation or use of any device or use of any means which, without resulting in a reduction in the total amount of air contaminant emitted, conceals an emission of air contaminant which would otherwise violate this article. (b) It shall be unlawful for any person to cause or allow the installation or use of any device or use of any means designed to mask the emission of an air contaminant which causes detriment to health, safety or welfare of any person. SECTION 9.15 FUGITIVE DUST CONTROL MEASURES Adopted 03/13/68 (12) Revised 06/09/83 (536), 06/09/88 (621), 08/10/89 (644), 03/11/99 (882) (a) It shall be unlawful for any person to cause or allow visible emissions of fugitive dust unless reasonable precautions are employed to minimize the emissions. Reasonable precautions include, but are not limited to, the following: (1) The use of control equipment, enclosures, and wet (or chemical) suppression techniques, as practical, and curtailment during high winds;