Odors (250-RICR-120-05-17)

Regulation Authority:

R.I. Gen. Laws § 42-17.1-2(19) and R.I. Gen. Laws Chapter 23-23

Purpose and Reason:

The proposed amendments will strengthen the Departments ability to enforce this odor prohibition.  As currently written a violation of the regulation occurs when an inspector determines an objectionable odor is present beyond a facilities property line. Objectionable odors are often very difficult and subjective to determine, and as a result, the regulation was difficult to understand and enforce. To correct this Part 17 is being amended to clearly define odors and prohibit the emissions of any air contaminants that create or contribute to an odor that constitutes a nuisance beyond a facilities property line. As proposed an odor will be considered to constitute a nuisance beyond a facilities property line if one or more representatives of the Department determine that an odor exists with such intensity, characteristics, frequency, and duration that it is, or can reasonably be expected to interfere with a reasonable person’s enjoyment of life and/or property. The proposed amendments will allow the Department to respond to community complaints and evaluate the odors on a more consistent and accurate basis.