House File 410 - IntroducedA Bill ForAn Act 1relating to the regulation of objectionable odors and
2providing penalties.
1   Section 1.  Section 136.3, Code 2019, is amended by adding
2the following new subsection:
3   NEW SUBSECTION.  13.  Hear appeals of compliance orders
4issued by the director pursuant to chapter 136E and affirm,
5modify, or vacate such orders.
6   Sec. 2.  NEW SECTION.  136E.1  Definitions.
   7As used in this chapter, unless the context otherwise
   91.  “County health department” means the same as in section
   112.  “Scent-detecting device” means a device in which an
12air sample is diluted with odor-free air and such mixture is
13directed to a trained inspector’s nasal passages.
14   Sec. 3.  NEW SECTION.  136E.2  Odor regulation — procedure.
   151.  A person shall not allow an objectionable odor to emit
16from the person’s property.
   172.  The department shall be responsible for investigating
18complaints into objectionable odors and enforcing compliance
19orders to suppress objectionable odors.
   203.  For purposes of this chapter and pursuant to criteria
21provided in subsection 6 of this section, an odor is
22objectionable if it unreasonably interferes with the proper
23enjoyment of life or the proper use of property of others. The
24odor must be detectable, distinct from other background odors,
25and specific to a particular source. The duration of the odor
26must be of a sufficiently long duration to interfere with the
27activities at the property of a complainant.
   284.  When a complaint is filed with the department, the
29department shall notify the relevant county health department.
30The department or a county health department shall send
31necessary personnel to the site of the complaint as soon as
32possible to sample the air.
   335.  The department or a responding county health department
34shall have staff members trained in the operation and use of a
35scent-detecting device.
   16.  a.  The department or a responding county health
2department shall use all of the following criteria, as
3applicable, to determine if an odor is objectionable for
4purposes of this chapter:
   5(1)  On or adjacent to a residential, recreational,
6institutional, retail sales, hotel, or educational property,
7the odor is detectable using a scent-detecting device when the
8sample is diluted with odor-free air eight times the volume of
9the sample.
   10(2)  On or adjacent to an industrial property, the odor is
11detectable using a scent-detecting device when the sample is
12diluted with odor-free air twenty-four times the volume of the
   14(3)  On or adjacent to properties not included in paragraph
15“a” or “b”, the odor is detectable using a scent-detecting
16device when the sample is diluted with odor-free air sixteen
17times the volume of the sample.
   18b.  An odor is objectionable if at least two out of three
19inspectors trained in using a scent-detecting device shall
20agree within a one-hour period and at intervals of not
21less than fifteen minutes that an odor properly diluted is
22detectable at levels at or greater than those provided in
23paragraph “a”.
   247.  A sample taken pursuant to this section shall be taken
25at or within the property line from which the complaint was
26received or at or near places where people live or work.
27   Sec. 4.  NEW SECTION.  136E.3  Enforcement — civil penalty —
28civil action not precluded.
   291.  The director may issue any order necessary to secure
30compliance with or prevent a violation of the provisions of
31this chapter or any rule adopted or permit or order issued
32pursuant to this chapter. The person to whom such compliance
33order is issued may cause to be commenced a contested case
34within the meaning of chapter 17A by filing within thirty days
35a notice of appeal to the state board of health. On appeal, the
-2-1board may affirm, modify, or vacate the order of the director.
   22.  The department shall assess a civil penalty of ten
3thousand dollars per day for each day a violation of terms set
4forth in a compliance order occurs.
   53.  Enforcement against an objectionable odor shall not
6preclude a person from proceeding in a civil action pursuant
7to chapter 657.
8   Sec. 5.  NEW SECTION.  136E.4  Rulemaking authority.
   9The department shall adopt rules pursuant to chapter 17A to
10administer this chapter.
12The inclusion of this explanation does not constitute agreement with
13the explanation’s substance by the members of the general assembly.
   14This bill creates an administrative system to regulate
15objectionable odors. The bill places responsibility for
16investigating odor complaints and enforcing compliance orders
17with the department of public health. The department or a
18county health department shall respond to a complaint and
19use a scent-detecting device to determine whether an odor
20is objectionable. After the department or a county health
21department determines that an odor is objectionable, the
22department may issue a compliance order. A person may appeal
23the issuance of a compliance order to the state board of
24health. A violation of the terms of a compliance order is
25punishable by a civil penalty of $10,000 per day for each
26day a violation occurs. Enforcement under the bill does not
27preclude a person from proceeding in a nuisance action for the
28objectionable odor. The bill requires the department to adopt
29rules to administer provisions of the bill.