Section 33.1-15-16-01 - General provisions1. An odor will be considered objectionable when a department certified inspector or at least thirty percent of a randomly selected group of persons, or an odor panel exposed to the odor would deem that odor objectionable if the odor were present in their place of residence.2. An "odor concentration unit" is defined as a volume of odor-free air mixed with an equal volume of odorous air such that the combination would be at the threshold level of the olfactory senses. The intensity of an odor is determined by the ratio of the volume of odor-free air that must be mixed with a standard volume of odorous air so that a department-certified inspector or at least fifty percent of an odor panel can still detect the odor in the diluted mixture.3. A department-certified inspector is any person designated by the department who has successfully completed a department-sponsored odor certification course and demonstrated the ability to distinguish various odorous samples and concentrations. In the case of hydrogen sulfide (H2S) complaints, the inspector will be competent with the hydrogen sulfide (H2S) detection equipment being used.4. An odor panel, if used, must consist of a minimum of five persons who have successfully completed a department-sponsored odor certification course and demonstrated the ability to distinguish various odorous samples and concentrations.5. Odor emissions in excess of the limits stated in section 33.1-15-16-02 or 33.1-15-16-02.1, or both, will be addressed on a complaint basis.N.D. Admin Code 33.1-15-16-01
Adopted by Administrative Rules Supplement 370, October 2018, effective 1/1/2019.General Authority: NDCC 23.1-06-04; S.L. 2017, ch. 199, § 1
Law Implemented: NDCC 23.1-06-04; S.L. 2017, ch. 199, § 21