The Bridgeport evening farmer., 1913-07-24

900 to 5000.
 The tes stirnony offered by persons re- siding on Mill Hill was almost unani- nous, that at times when the wind Is from the Northwest the odor is very prevalent there
 A considerable number of convincing witnesses testified that the odors reach the Beards1ey park district when the wind is in an Easterly di- rectfon
 Between these sections along Boston avenue, Old Mill Green, and streets contiguous, there Is evidence that the odorS are equally noticea ble when the wind and atmospheric conditions are favorable.
 Testimony did not show that these edors always reach the several sec tions referred to upon a favorable wind, but that in large proportion of eases they are thus noticeable.
 On the other hand, witnesses resid- ing on Huntington road. Ashley street, Noble. avenue, Crescent avenue, East street, and elsewhere, within the odor zone, (excepting Mill HtlD testified that they had not been annoyed by these odors- Some had occasionally noticed them but not so unp1easantly as to complain of them.
 think the testimony of both classes of witnesses may be reconciled with out doing violence to the testimony of either.
 I find that the odors complained of exist almost continuously; that they are offensive, and when particularly strong are of siclxening character, tending to produce nausea, although no instance of actual nausea so caus- ed was proved; that they are of a peculiar and unmistakable character, easily. recognizable, and hence, easily traceable to their source; that they emanent from the garbage plant. exclude the possibility that they emanate from the ma sses of raw gar bage buried some years ago on the Town Farm in the nefghborhood of the plant, which possibility was sug- gested at the hearing by one or more witnesses.
 Considerable testimony, expert and otherwise, was offered as to the de tails Of the process of garbage reduc- tion carried on at the plant of the appellant and the construction of the digesters, dryers, washers, etc. all of which, I assume was offered for the purpose of showing on the one hand how the odors escape in the process. and on the other hand, what precau- tions are taken to prevent such an escape I do not deem it necessary to go into an analysis of the process or an enumeration Of the precautions I am Of the opinion that there are not
 
 fensive odors escape from this plant into the outer air. That these odors are carried in directions and Attitudes dependent upon atmospheric condf- tions. Sometimes they ascend to such an altitude that they are carried away and dissipated in the upper air without annoyance to anyone. Some times they pass harmFessiy over the intervening territory and spread them selves along the western slope of Mill Hill or over that section which we have called the odor zone; sometimes they cover but a marrow path and are carried along near the surface of the ground.
 The district near to the plant itself 1 is less afflicted than districts more re-
 mote, which attribute to the fact 1 that the plant itself generates a con- cending carries with it the odors to some altitude, when as the polluted air coo1s it settles again at more or less distance from the plant. As I have indicated, it is difficult if not impossible. to say that the odore noticeable at a distance emanate from a particular part of the process or a particular defect in the mechanical construction of the plant, nor do I deem such course necessary. As con d1cted during the period under con- sfderation and up to the present time, [ find the plant as a whole Q, nuisance prejudfctaI to the public health, and made by the Health Officer of Bridge | port was necessary and proper for 1 preserving the public health. The contract under which MT. Fisch- er is engaged in reducing the city, s garbage, at this plant, was offered in evidence By the terms of this con 1 tract it is within the power of the city to terminate it in the event that the plant or the process should become a source of offensive odors, and the 1 inference was drawn by counsel that inasmuch as the city has not so ter minated the contract, no nuisance ex- ists. do not take the view that this contract has any bearing upon the question before me, which question | is merely whether or not. the condi- 1 tions constitute a nuisance prejudicial | to the public health.
 It was testified by MT. Fischer that | his investment in the plant is very close to $70,00O, and that his efforts l to eliminate the odors have cost 3 ] very. .considera ble sum, and 1t Wak
 urged by inference. if not directly that this fact should give some weight in determining the question before me for decision. While I realize thai property interests and establish ed manufa curing plants should not be 1 lightly or inconsiderateiy fnterferrec with by the Health authorities dc
 not feel that the fact that a large | investment is involved should have any determining weight in the deci- 1 sion. A community as populou6 af
 many of the more important smaller l towns of Connecticut is affected bJ
 this nuisance and from the standpoint 1 of public health their interests should | be deemed of primary importance.
 The order of the Health Officer l 151 111ofAd iS hereby modified t( 1 read as follows:
 | To Charles C. Fischer, | Asylum street,
 Bridgeport, Conn.
 I Sir
 You are hereby notified that tht
 plant for the reduction of garbage l offal, and animal and vegetable waste and manufacture of by-produets upor the premises owned by you or in you ] charge on Asylum street in the Cit!