North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-15 - Air Pollution Control › Chapter 33.1-15-16 - Restriction of Odorous Air Contaminants › Section 33.1-15-16-02 - Emissions of odorous substances restricted

Current through Supplement No. 393, July, 2024
1. In areas located
				within a city or the area over which a city has exercised extraterritorial
				zoning as defined in North Dakota Century Code section 40-47-01.1, a person may
				not discharge into the ambient air any objectionable odorous air contaminant
				that measures seven odor concentration units or higher outside the property
				boundary where the discharge is occurring. If an agricultural operation as
				defined by North Dakota Century Code section 42-04-01 has been in operation for
				more than one year, as provided by North Dakota Century Code section 42-04-02,
				and the business or residence making the odor complaint was built or
				established after the agricultural operation was established, the measurement
				for compliance with the seven odor concentration units standard must be taken
				within one hundred feet [30.48 meters] of the subsequently established
				residence, church, school, business, or public building making the complaint
				rather than at the property boundary of the agricultural operation. The
				measurement may not be taken within five hundred feet [.15 kilometer] of the
				property boundary of the agricultural operation.
2. In areas located outside a city or outside
				the area over which a city has exercised extraterritorial zoning as defined in
				North Dakota Century Code section 40-47-01.1, a person may not discharge into
				the ambient air any objectionable odorous air contaminant that causes odors
				that measure seven odor concentration units or higher as measured at any of the
				following locations:
a. Within one hundred
				feet [30.48 meters] of any residence, church, school, business, or public
				building, or within a campground or public park. An odor measurement may not be
				taken at the residence of the owner or operator of the source of the odor, or
				at any residence, church, school, business, or public building, or within a
				campground or public park, that is built or established within one-half mile
				[.80 kilometer] of the source of the odor after the source of the odor has been
				built or established;
b. At any
				point located beyond one-half mile [.80 kilometer] from the source of the odor,
				except for property owned by the owner or operator of the source of the odor,
				or over which the owner or operator of the source of the odor has purchased an
				odor easement; or
c. If a county or
				township has zoned or established a setback distance for an animal feeding
				operation which is greater than one-half mile [.80 kilometer] under either
				North Dakota Century Code section 11-33-02 or 58-03-11, or if the setback
				distance under subsection 7 of North Dakota Century Code section 23.1-06-15 is
				greater than one-half mile [.80 kilometer], measurements for compliance with
				the seven odor concentration units standard must be taken at the setback
				distance rather than one-half mile [0.80 kilometer] from the facility under
				subdivision b, except for any residence, church, school, business, public
				building, park, or campground within the setback distance which was built or
				established before the animal feeding operation was established, unless the
				animal feeding operation has obtained an odor easement from the preexisting
				facility.