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(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 odor <br />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 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 causes <br />detriment to health, safety or welfare of any person. <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) The use of control equipment, enclosures, and wet (or chemical) suppression <br />techniques, as practical, and curtailment during high winds;