The Future of Community Odor Nuisance

Communities expect pure water and efficient waste handling and safe waste disposal and good roads and friendly neighbors and productive commerce and quality of life and clean, odor-free air, and … and … that’s when the trouble begins ! States grant municipalities “Zoning Powers” and “Police Powers”. The Judicial system recognizes statutory nuisance and common law nuisance. Will elected official, regulators, and citizen opt for collaboration or litigation when odor nuisance visits their community ? What are the paths forward; what are the benchmarks ?The path of litigation takes a number of forms. Regulatory agencies develop enforcement policies based on compliance codes and the regulatory limits. However, odor limits are uncommon and usually not enforced. States that have “ambient odor limits” in statute, rarely, inconsistently, and reluctantly carry our enforcement action. Criminal liability (negligence) can exist in unusual circumstances. For the states that have granted municipal “police power” (explain legal concepts), statutory nuisance is selected only after an odor ordinance is enacted. Civil liability (negligence) can be an outcome of statutory nuisance violations. (examples of odor ordinances and penalties)Citizens organize, due to inaction of their municipal (and state) government, for relief through common law nuisance actions and class action lawsuits. The ultimate nightmare of a “nuisance causing” facility is the arrival of the national organization “Operation SMELL” (Save My Environment Land and Life). More likely is the arrival of law firms that search for odor nuisance “class action” opportunities based on their law firm’s business-plan.Collaboration is the alternative path forward. Community Committee formats cast a broad net for participation: elected officials, appointed officials, facility managers, citizens, agency representatives, zoning inspectors, engineers, industry owners, and educators. Gathering and facilitating community committees is not the greatest challenge. Managing expectations in any collaborative (negotiating) process is the overall greatest challenge. What is achievable ? What should be “promised” ? (Mitigation ? Odor Control ? Odor Reduction ? No Complaints ?)This paper, The Future of Community Odor Nuisance, will define odor nuisance, will describe odor perception, will explain odor testing, will tell the story of the “National Odor Problem” and will explore the collaborative and litigation paths forward.