OAR 340-208-0310
Nuisance Control Requirements: Determining Whether A Nuisance Exists

(1)

In determining whether a nuisance exists, DEQ may consider factors including, but not limited to, the following:

(a)

Frequency of the emission;

(b)

Duration of the emission;

(c)

Strength or intensity of the emissions, odors or other offending properties;

(d)

Number of people impacted;

(e)

The suitability of each party’s use to the character of the locality in which it is conducted;

(f)

Extent and character of the harm to complainants;

(g)

The source’s ability to prevent or avoid harm.

(2)

Compliance with a best work practices agreement that identifies and abates a suspected nuisance constitutes compliance with OAR 340-208-0300 (Nuisance Control Requirements: Nuisance Prohibited) for the identified nuisance. For sources subject to 340-216-0020 (Applicability and Jurisdiction) or 340-218-0020 (Applicability), compliance with specific permit conditions that results in the abatement of a nuisance associated with an operation, process or other pollutant emitting activity constitutes compliance with 340-208-0300 (Nuisance Control Requirements: Nuisance Prohibited) for the identified nuisance. For purposes of this section, “permit condition” does not include the general condition prohibiting the creation of nuisances.

Source: Rule 340-208-0310 — Nuisance Control Requirements: Determining Whether A Nuisance Exists, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=340-208-0310.

Last Updated

Jun. 8, 2021

Rule 340-208-0310’s source at or​.us