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


250-RICR-120-05-17 ACTIVE RULE

17.1 Purpose and Authority

17.1.1 Purpose

The purpose of this regulation is to prohibit the release of an air contaminant which may create an objectionable odor beyond the source’s property line.

17.1.2 Authority

These regulations are authorized pursuant to R.I. Gen. Laws § 42-17.1-2(19) and R.I. Gen. Laws Chapter 23-23, and have been promulgated pursuant to the procedures set forth in the R.I. Administrative Procedures Act, R.I. Gen. Laws Chapter 42-35.

17.2 Application

The terms and provisions of this regulation shall be liberally construed to permit the Department to effectuate the purposes of state laws, goals and policies.

17.3 Severability

If any provision of this regulation or the application thereof to any person or circumstance, is held invalid by a court of competent jurisdiction, the validity of the remainder of the regulation shall not be affected thereby.

17.4 Definitions

Unless otherwise expressly defined in this section, the terms used in this regulation shall be defined by reference to Part 0 of this Subchapter (General Definitions).

17.5 Prohibitions

No person shall emit or cause to be emitted into the atmosphere any air contaminant or combination of air contaminants which creates an objectionable odor beyond the property line of said person.

17.6 Odor Evaluations

A staff member of the Department shall determine by personal observation if an odor is objectionable, taking into account its nature, concentration, location, duration and source.

Title 250 Rhode Island Department of Environmental Management
Chapter 120 Air Resources
Subchapter 05 Air Pollution Control
Part 17 Odors (250-RICR-120-05-17)
Type of Filing Technical Revision
Regulation Status Active
Effective 07/19/2007

Regulation Authority :

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

Purpose and Reason :

This technical revision is filed in order to renumber the sections of this Part. The sections of this Part entitled "Authority" and "Purpose" are now subsections under § 17.1 of this Part. The remaining sections have been renumbered accordingly. No substantive changes have been made.

There are no electronic rulemaking documents for rules filed prior to August 14, 2018. For rulemaking documents for rules filed prior to this date, please contact the appropriate agency's Rules Coordinator.