HB 1359

Bill Subjects

Air Pollution Environment Generally Nuisances

Abstract

Defines "odor nuisance" as a situation in which the repeated or persistent discharge into the outdoor atmosphere of air contaminants causes an odor that: (1) substantially obstructs the free use of property; or (2) is injurious to human health. Requires the environmental rules board (board) to adopt administrative rules that: (1) establish a means of determining when an odor nuisance exists; and (2) identify practical and economically feasible methods of eliminating odor nuisances at their source. Sets forth certain: (1) means of determining when an odor nuisance exists; and (2) methods of eliminating odor nuisances; that the board may include in the rules. Authorizes the commissioner of the department of environmental management (department) to order a person that creates an odor nuisance in a city to implement one or more of the methods of eliminating the odor nuisance. Provides that a person who violates an order of the commissioner is subject to a civil penalty. Authorizes the department to bring a civil action to enjoin a person's violation of an order of the commissioner. Provides that one or more persons adversely affected by a purported odor nuisance in a city may bring an action to abate the purported odor nuisance. Provides that if the commissioner of the department issues an order under the air pollution control laws directing a person to cease and desist, imposing a monetary penalty, mandating corrective action, or revoking or modifying a permit, and if the commissioner's order is stayed during an administrative appeal, the stay of the order expires not more than 180 days after it begins. Provides that if the commissioner's order is later determined to have been an abuse of discretion, arbitrary and capricious, contrary to substantial or reliable evidence, or contrary to law, the effects of the order will be reversed.