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 for the identified nuisance. For sources subject to 340-216-0020 or 340-218-0020, 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 for the identified nuisance. For purposes of this section, "permit condition" does not include the general condition prohibiting the creation of nuisances.