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(1) Purpose.

(a) The purpose of this section is to prevent certain detectable odors by establishing performance standards for hydrogen sulfide and ammonia emissions in order to prevent nuisance odor emissions, promote the health, safety, and welfare of the community and to maintain compatibility of surrounding land uses. This section is not to be construed to conflict with any applicable federal or state air emission standard or regulation.

(b) This section is not intended to prevent a single odor emission released as a direct result of necessary facility maintenance.

(2) Exemptions. This section does not apply to:

(a) agricultural activities as defined in SCC 30.91A.090, occurring on lands where agriculture is a legal use;

(b) solid waste facilities including landfills, transfer stations, drop boxes and refuse, leachate and landfill gas systems;

(c) side sewer systems;

(d) wastewater collection and conveyance system pipes under 24 inches in size;

(e) permitted yard waste processing facilities.

(f) wastewater treatment facilities with treatment plant capacity of less than 25 million gallons per day (MGD); and

(g) wastewater conveyance, collection and treatment systems, including treatment plants, or upgrades to such systems, in existence prior to December 31, 2004.

(3) Applicability. This section applies to:

(a) Permit applications for any new facilities which generate hydrogen sulfide or ammonia emissions or odors; and

(b) Permit applications for modification or expansion of facilities that generate hydrogen sulfide or ammonia odor emissions.

(4) Performance standard.

(a) There is hereby established a no detectable odor emission standard which is defined to mean odor emissions released from a facility or use of less than 0.8 part per billion (ppb) by volume of hydrogen sulfide and less than 2800 ppb by volume of ammonia emissions at or beyond the property boundary of a facility or use. This standard is based on a single highest three-minute concentration by volume averaged for a one-year period with worst-case meteorological conditions and summer emission loading levels. This standard excludes ambient air levels and is measured by current field instrument technology.

(b) All facilities and uses subject to SCC 30.28.093 shall comply with the no detectable odor emission standard.

(c) All facilities and uses subject to the provisions of this section shall comply with the following additional requirements and design standards for odor prevention systems, where needed to meet the odor emission standard:

(i) The odor prevention system shall be designed to remove hydrogen sulfide and ammonia compounds at peak load on a 24-hour, 365 days per year basis; and

(ii) The odor prevention system shall be sized and designed for the site to handle "worst-case" operating conditions when combinations of meteorological conditions, such as inversions and stagnant air, coincide with peak odor releases from treatment processes.

(d) Package lift/pump stations and collection system components are deemed to meet the design standards set forth in SCC 30.28.093(4)(a) and (c).

(5) New, modified or expanded facilities and uses. Applicable facilities shall be designed, constructed, operated and maintained to meet the no detectable odor emission standard set forth in SCC 30.28.093(4).

(6) Compliance Agreements. A development agreement approved under chapter 30.75 SCC or interlocal agreement approved under SCC 3.04.210 may add requirements and design standards or modify the standards in this section in order to meet the purpose of this chapter.

(7) Submittal Requirements.

(a) In addition to any other requirement of this title, all facilities and uses subject to this section shall submit information on a form, provided by the department, describing the facility or use and the processes or locations for potential emissions of hydrogen sulfide and ammonia. The department may require any of the following information:

(i) Engineering documentation showing the facility or use will meet the hydrogen sulfide and ammonia odor emission standard set forth in SCC 30.28.093(4) at or beyond the property boundary of the facility; or

(ii) Engineering documents for an odor control system appropriate for the site to prevent and control emissions of hydrogen sulfide or ammonia to meet the standard set forth in SCC 30.28.093(4) of no detectable odor at or beyond the property boundary of such facilities and uses; or

(iii) Letter from an applicable sewer district approving and accepting a lift/pump station.

(b) Odor monitoring. Before beginning odor emissions from new or upgraded facilities or uses, the applicant shall submit an odor monitoring and response plan to ensure the operation and maintenance of the facility or use complies with the odor prevention requirements of this section. The plan shall include the standard sampling techniques, location and frequency of monitoring, and a proposed timeframe for response to nuisance odor complaints.

(8) Odor complaint response.

(a) When a complaint is received, the facility operator shall respond to the complainant, determine the potential location and source of odor emissions, and document in writing the steps taken in response to the odor complaint.

(b) If the performance standard set forth in SCC 30.28.093(4) is being met, no further action is required.

(c) If an odor emission violates the standard set forth in SCC 30.28.093(4), the facility operator shall select and implement the means to reduce the off-site odor impacts to the standard including, but not limited to, modifying the process, controlling emissions, improving dispersion, repairing or retrofitting equipment, or any combination subject to technical and financial feasibility.

(d) Facility operators shall keep complaint and response records available for County review consistent with state records retention requirements.

(9) Transportation of treatment waste and chemicals. In addition to any other requirements, sludge, biosolids, solid waste, and chemicals transported from facilities or uses subject to this section by vehicles such as trucks or trains shall be covered and secured to limit nuisance odors emanating from the vehicles. (Added by Amended Ord. 06-074, Nov. 8, 2006, Eff date Nov. 26, 2006).