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Disposal Odor Citations Process If you smell a foul garbage odor emanating from the Advanced Disposal waste transfer facility located at 1711 Church Street, please call the Citys 311 hotline to report this nuisance. To ensure that your call results in a citation for Advanced Disposal, please read the following information. Citations given to Advanced Disposal due to offensive odor are based on City Ordinance 8-4-1: Enumeration of Particular Nuisances. (A) Offensive smells: To so negligently conduct any business or use any premises as to create such an offensive smell as may taint the air and render it unwholesome or disagreeable to the neighborhood. Citation Process The Department of Public Health has set a limit of three complaints in order to meet the threshold of a neighborhood complaining about an unwholesome odor. They have set this minimum number of complaints because they believe that will best support any citations presented to the Citys administrative hearing officers though there is there no way to predict how any particular hearing officer will determine what number of complaints constitutes a neighborhood. There are three ways that Advanced Disposal might receive a citation for being in violation of this ordinance. 1. A city health inspector passes the facility and because the odor is so offensive to that inspector, a citation is given to Advanced Disposal. 2. Three callers call into 311 during a work day and report offensive odors at the site. An inspector goes out to the site and smells an offensive odor they attribute to Advanced Disposal. The inspector issues a citation and signs off on the citation themselves because they directly experienced the odor. 3. Three callers call into 311 during a work day and report offensive odors at the site. An inspector goes out to the site and smells nothing. In this scenario the inspector will not issue a citation on site. They will return to their office and phone each of the three callers. If the callers come in and sign off on the complaint within 48 hours then the inspector can still issue a citation against Advanced Disposal. If the callers do not come in then the inspector will not issue a citation. Hearings If a hearing is scheduled as a result of a citation issued against Advanced Disposal, the City will only notify those callers listed on the complaint. They cannot notify a larger group. However, the individuals listed on the complaint are free to notify whomever they wish. It is critical that all persons on a complaint attend the hearing and testify. Additionally, any resident who smelled the odor on the date in question is also welcome to testify even though they are not on the complaint. In this case, the Health

Department needs to be notified in advance so that they can inform the legal department that additional witnesses will be present and will testify.

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