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i
COMPLIANCE & ENFORCEMENT
DIVISION
Policies &
Procedures
COMPLAINT GUIDELINES
Table of Contents
1. COMPLAINT RECEIPT AND DISPATCH......................................................1
A. Public Outreach – How to Start the Complaint Investigation Process........1
B. Received During Staffed Office Hours (Core Hours)..................................2
C. Received By the Answering Service ..........................................................3
D. Received by the Inspector..........................................................................3
E. Complaints Received by Petition................................................................3
F. Complaints Received as an Area-wide Event ............................................4
G. Cancellation ...............................................................................................4
2. COMPLAINT TYPES REQUIRING SPECIALIZED PROCESSING...............5
A. Received from Schools (H&SC 42301.8) ...................................................5
B. Regarding Compost Operations (H&SC 41705).........................................6
C. Regarding Idling Trucks at Certain California Ports (H&SC 40720) ...........7
D. Regarding Idling Bus Emissions (H&SC 42403.5) .....................................7
E. Alleging Health Effects...............................................................................7
F. Regarding Indoor Air Quality......................................................................8
G. Potential Nuisance Sites ............................................................................8
H. Regarding Gasoline Dispensing Facility.....................................................8
I. Regarding Residential Woodsmoke...........................................................8
3. FIELD INVESTIGATION................................................................................9
A. Assignment of Priority ................................................................................9
B. Inspector Safety .........................................................................................9
C. Inspector Procedures ...............................................................................10
D. Complaint Interview..................................................................................11
E. Complaint Confidentiality..........................................................................12
F. Inspection of the Alleged Source..............................................................13
G. Complaint Confirmation Status.................................................................14
H. Non-Specific Complaint............................................................................15
4. PUBLIC NUISANCE – REGULATION 1......................................................16
A. Exclusions................................................................................................16
B. Public Nuisance Violation Criteria ............................................................17
C. Further Enforcement Action .....................................................................19
D. Complainant Notification of Abatement Hearing.......................................19
5. ODOROUS EMISSIONS - REGULATION 7...............................................19
A. Standards Applicability.............................................................................20
B.
Facility Notification ...................................................................................20
C. Sampling Request....................................................................................20
D. Determination of Sampling Location ........................................................21
Bay Area Air Quality Management District Compliance & Enforcement Division
Complaint Guidelines Revised March 1, 2004
Adopted July 14, 1990
ii
E. Odorous Emissions Violation Criteria.......................................................21
6. COMPLAINT REPORTS .............................................................................21
A. General ....................................................................................................21
B. Major Incident...........................................................................................22
7. COMPLAINT FORMS..................................................................................22
A. Complaint Report .....................................................................................22
B. Complaint Declaration..............................................................................22
C. Odor Log ..................................................................................................22
Exhibits
1 – Complaint Report form
2 – Complaint Declaration Form
3 – Odor Log form
4 – Doorknob business Card Holder
5 – Sample Notification Letter for Regulation 7 Applicability
6 – Odor Field Data Sheet
7 – Inspector “Investigator” Badge
Bay Area Air Quality Management District Compliance & Enforcement Division
Complaint Guidelines Revised March 1, 2004
..................................................................................24
..........................................................................26
................................................................................................28
....................................................................30
................................31
.......................................................................33
1
COMPLIANCE & ENFORCEMENT
DIVISION
Policies &
Procedures
COMPLAINT GUIDELINES
For purposes of this policy, an air quality complaint is a concern that is
communicated to the District alleging a realized or potential injury, detriment,
annoyance or nuisance occurring as a result of the release or potential release of
air contaminants or other materials, including, but not limited to, smoke, odors,
dust and other particulate matter.
Community members are often the first to be aware of an emission release, and
the community can be considered the “eyes and noses” of the District. In
response to legitimate civic concerns, District staff will endeavor to investigate
every complaint in order to achieve early intervention on potential problems and
allow the District to be proactive in protecting public health. District staff will
maintain the cooperative, but objective, attitude of an investigator. Informal
complaints will also be investigated where the person may otherwise feel
uncomfortable filing a formal complaint.
These Complaint Guidelines are intended to handle air pollution complaints that
have impacts on individuals, and which may result in District enforcement actions
against public nuisance, visible emissions, particulate emissions, odorous
substances emissions, etc. Referrals, or “tips,” from other agencies or
individuals, which do not involve impacts on individual persons, are not covered
under these guidelines.
Air pollution complaints are an important part of the daily workload of an
inspector. It is essential that complaint investigation and complaint processing
be handled in a prompt, efficient and professional manner.
1. COMPLAINT RECEIPT AND DISPATCH
A. Public Outreach – How to Start the Complaint Investigation Process
The following methods are used by the District to inform the public about
how to report a complaint:
• Telephone directory listings for the District’s toll-free Complaint Line at
1-800-334-ODOR (6367) can be found in any local white page
directory under the “California, State of” listing, under any of the
following subheadings:
Bay Area Air Quality Management District Compliance & Enforcement Division
Complaint Guidelines Revised March 1, 2004
2
“Bay Area Air Quality Management District”
“Air Pollution”
“Environmental”
“Odor Complaints”
These listings are in both the blue-bordered government and red-
bordered business white pages.
• Members of the public wishing to register a complaint who do not
speak English can receive Over-the-Phone-Interpretation in 150
languages from a third party translator once they reach the District’s
toll-free Complaint Line at 1-800-334-ODOR (6367).
• Complaint Cards entitled “To Register a Complaint” (colored 3 x 5”
cards) with instructions on how to call are distributed at public events.
• District brochures covering complaint-related topics on the following
subjects are circulated at public events:
o Complaint Procedures
o Odors
o Residential Woodstoves and Fireplaces
o Requirements for Building Permits and Industrial Facilities
Near Schools and Hospitals
Air quality complaints are sometimes made to other agencies or
organizations that may take them but not act upon them. In order to
correctly receive such complaints, the District will maintain an outreach
program to communicate with and educate other possible agencies of
these complaints and refer them to the District.
B. Received During Staffed Office Hours (Core Hours)
Complaints called in on the District’s toll-free complaint line are normally
received by telephone in the District’s Communication Center
(ComCenter) during core hours of 7:30 a.m. to 6:00 p.m. on Monday
through Friday. Core hours for Saturday and Sunday are 8:30 a.m. to
5:00 p.m.
The complaint is entered into a District computer program. This entry
creates a complaint record and reference number (C#) that automatically
assigns the complaint to the area inspector or an alternate inspector. The
C# will be provided to the complainant and can be used to track the
progress, actions taken, and final resolution of the complaint.
Complaints will be dispatched as soon as possible according to a priority
system that allows the District to respond more quickly to urgent complaint
situations.
Bay Area Air Quality Management District Compliance & Enforcement Division
Complaint Guidelines Revised March 1, 2004
3
C. Received By the Answering Service
The District contracts with an answering service to take complaints during
non-core hours. If a complaint is taken by the answering service at night
or over the weekend, the complaint information is telephoned/faxed to the
ComCenter the following morning and will be entered into the computer,
assigned a C# and dispatched at that time.
During non-core hours, when the answering service receives three (3) or
more complaints alleging a single company they will refer the complaints
to a supervising inspector with the complaint information. If the caller is a
public official acting in an official capacity, only one call is needed for the
answering service to call the assigned supervising inspector or manager.
Each complaint will be evaluated on a case-by-case basis and a
determination made whether an investigation by an inspector is warranted.
If a possible public nuisance situation is developing, an inspector will be
called back to work to conduct an investigation.
D. Received by the Inspector
When a complaint is received in the field, the inspector will obtain
pertinent information from the complainant and begin completing a
“Complaint Report” form (see Exhibit 1 and Section 7(A) below).
If a large number of people wish to make complaints at the same time, the
“Complaint Declaration” form (see Exhibit 2 and Section 7(B) below) may
be distributed in order to accommodate the information collection process,
if the inspector has detected the air contaminant within the previous 60
minutes. The “Complaint Declaration” form can be collected by the
Inspector later and the process completed, as below. However, if a
complaint can be confirmed immediately, a “Complaint Declaration” form
may be circulated to assist solely in information gathering.
When time permits, the inspector will contact the ComCenter to submit the
complaint information and obtain a C#. All complaints must be assigned a
C# and this can only be done by contacting the ComCenter. The
inspector will give the C# to the complainant at the time received, or will
call the complainant later if that person is no longer available, provided the
complainant wants the C#.
E. Complaints Received by Petition
Petitions are written complaints signed by more than one complainant,
usually generated in response to an ongoing problem that is airborne in
nature. However, because some petitions are initiated to prevent certain
actions from taking place (based upon an assumption of future airborne
problems), the following information should be verified for each petitioner
contacted:
Bay Area Air Quality Management District Compliance & Enforcement Division
Complaint Guidelines Revised March 1, 2004
4
1. Date(s) on which alleged air emission took or is anticipated to take
place
2. Description of harm, injury, annoyance, etc. (real or potential)
suffered
3. Source of air emission (real or potential)
A petition will be assigned only one C# for tracking purposes, but all
petitioners may be considered as individual complainants, based on the
outcome of the investigation.
F. Complaints Received as an Area-wide Event
Area-wide complaint events are generally the result of an unusual
occurrence such as a large accidental fire or an industrial incident
resulting in the emission of air contaminants that are detected by the
public.
Following any air pollution incident, whether or not it resulted in an area-
wide complaint event, the supervising inspector responsible for the area in
which the event is occurring shall arrange for the preparation of an
"Incident Report" (see ”Incident Response and Investigation Plan”
Guidelines of this Manual).
G. Cancellation
Complaints are sometimes received which are duplicates of an already
existing, or Primary, complaint. These complaints warrant investigation
but not the creation of a separate reference number (C#). The information
that is generated by the investigation of such complaints is always
incorporated into the report for the Primary complaint, but the inadvertent
creation of a separate reference number (C#) will result in cancellation, as
indicated in the following cases:
• When a duplicate complaint is received on the same day (any calendar
day) for the same source, from the same person. The original
complaint for this person is referred to as the primary complaint.
• When a duplicate complaint is received on the same day from a person
related to someone living in the same household (dwelling), where the
related other party has already filed a complaint against the same
source.
For these cases, if an existing Primary complaint has not yet been
confirmed, but a subsequent duplicate complaint is received, that
subsequent complaint is treated as a message to continue the
investigation. If the follow-up investigation results in confirmation, then the
Primary complaint will be confirmed.
Bay Area Air Quality Management District Compliance & Enforcement Division
Complaint Guidelines Revised March 1, 2004
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Also for these cases, the person may be given an “Odor Log” form (see
Exhibit 3 and Section 7(C) below) to use for detailed tracking purposes by
the same person or a person in the same household. Inspectors will
collect and attach such documents to their Primary complaint report in
order to support the complaint investigation and/or for additional case
development.
Other cases where District staff can investigate complaints received, but
cannot take any enforcement action is where:
• the source of an air emission is affecting an individual located inside
the District’s boundary, but itself is located outside the District’s
boundary; or
• the complaint is for a non-air-pollution contaminant, e.g., noise.
For these cases, the inspector will conduct all appropriate investigation
and will work with or refer the complaint to any adjacent district or
applicable public agency to resolve the problem. The inspector will
recommend cancellation of any associated complaint reference number
(C#).
In a final cancellation category, if, after contact by District staff, a
complainant wishes to withdraw his/her name from the record, the
complaint can be converted to “Anonymous” or can be cancelled entirely.
This action is entirely at the complainant’s discretion (see “Complaint
Confidentiality” at Section 3(E) below).
For cancellation of a complaint under any of the categories listed above,
approval by the Air Quality Program Manager is required.
2. COMPLAINT TYPES REQUIRING SPECIALIZED PROCESSING
A. Received from Schools (H&SC 42301.8)
If the principal, or an authorized representative thereof, of a school
contacts the District to request an investigation of odors or possible air
pollution sources from new and modified sources (as of January 1, 1989)
as the cause of impact on persons at a school, the District must respond
and investigate.
The inspector who receives this complaint for investigation is also
responsible for notification within 24 hours of the complaint to the following
agencies:
• The city or county office responsible for administering
hazardous materials policy, and
• The fire department having jurisdiction over the school.
Bay Area Air Quality Management District Compliance & Enforcement Division
Complaint Guidelines Revised March 1, 2004
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B. Regarding Compost Operations (H&SC 41705)
Compost operations are exempt from the public nuisance provision of
Regulation 1 and from the complaint applicability of Regulation 7.
A compost operation is described in the Public Resources Code (PRC),
Section 40116, in the following manner:
“Compost” means the product resulting from the “controlled” biological
decomposition of organic wastes that are source separated from the
municipal solid waste stream, or which are separated at a centralized
facility. Compost includes vegetable, yard, and wood wastes which
are not a hazardous waste.
“Controlled” is defined as having the ability to aerate the material at will,
regulate the water content and control temperature in such a manner that
would result in a product legally marketable as compost under the rules of
the California Integrated Waste Management Board (CIWMB) of Cal/EPA.
Activities which do not constitute compostable material handling
operations are listed in Section 17855 “Excluded Activities” of the
California Code of Regulations (CCR), Title 14, Division 7, Chapter 3.1.
All odor complaints that allege or are determined to be compost related
shall be reported to a "Local Enforcement Agency” (LEA) designated and
certified pursuant to PRC Section 43200. The inspector receiving the
complaint will notify, within 24 hours or by the next working day, the LEA
having jurisdiction over the alleged source. In the event that the CIWMB
has decertified the LEA having jurisdiction, the complaint(s) will be
reported to the enforcement section of the CIWMB (PRC Section 43205).
Where the alleged source or location is known or suspected to have odor
sources, other than compost, that are under District jurisdiction, the
inspector will investigate all complaints at the site. In the event that co-
mingling of odors from compost and sources under District
jurisdiction results in a sufficient number of complaints to document a
public nuisance, the case will be submitted to the Manager for
determination on whether an NOV is to be issued.
The inspector will advise the complainant(s) of the LEA's jurisdiction
regarding compost operations. The inspector will also advise
complainants that the inspector will contact the LEA and provide all
applicable complaint information, unless the complaint is canceled.
Additionally, complainants will be advised to contact the LEA for future
complaint handling.
Bay Area Air Quality Management District Compliance & Enforcement Division
Complaint Guidelines Revised March 1, 2004
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C. Regarding Idling Trucks at Certain California Ports (H&SC 40720)
Assembly Bill 2650 (AB 2650) was originally introduced into legislation by
Assemblyman Alan Lowenthal (Long Beach). AB 2650 required each
Marine Terminal Operator (MTO) in certain ports (within District jurisdiction
only the Port of Oakland is subject to these provisions) to operate in a
manner that does not cause the engines on trucks to idle or queue for
more than 30 minutes while waiting to enter the terminal. The bill required
that citations for violations be issued to the MTO by the applicable district.
AB 2650 was implemented as Health and Safety Code Section 40720 on
July 1, 2003.
If a complainant calls specifically regarding trucks idling at a terminal at
the Port of Oakland, thus making them subject to enforcement by the
District, then ComCenter staff will take and dispatch complaints of “Idling
Port Truck.” For complaints regarding any idling trucks outside of this
scope, the complaint will be taken as “Other.”
In order to confirm idling port truck complaints, the inspector must
determine if a violation of 40720(a) has occurred.
D. Regarding Idling Bus Emissions (H&SC 42403.5)
Any idling diesel-powered bus shall be subject to the provisions of H&SC
Section 41700 (public nuisance), unless the operator can show that the
harm caused by the emissions does not exceed the benefit accrued to bus
passengers as a result of idling, e.g., heating or cooling.
E. Alleging Health Effects
District staff does not have the medical expertise to determine whether or
not complaints of physical symptoms are caused by exposure to specific
air contaminants. The county Health Officer affiliated with the appropriate
county health department is equipped to evaluate such cases.
When a complainant verbally alleges health effect(s) (nausea, eye or
throat irritation, asthma attacks, etc.) associated with an air contaminant
that the inspector is investigating, the inspector will carefully record any
alleged symptoms and any visible signs, as offered by the complainant
(see Section 3(D)5 below).
In addition to conducting the complaint investigation, the inspector will also
direct the complainant to contact the appropriate county health
department. The inspector may also suggest the complainant may also
wish to contact his/her own health care provider regarding the alleged
health effect(s). The inspector will note all the circumstances of any
referral to the county health office.
Bay Area Air Quality Management District Compliance & Enforcement Division
Complaint Guidelines Revised March 1, 2004
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F. Regarding Indoor Air Quality
Complaints are sometimes received and dispatched for sources of air
contaminants that are not directly emitted to the atmosphere. The H&SC
Section 39002 sets forth the jurisdiction for each district to regulate only
the “air pollution from all sources other than vehicular sources.” Section
39013 states that an “air pollutant” means any discharge…into the
atmosphere….” This restricts inspectors from citing sources that do not
emit air contaminants into the outdoor air environment, but does not
prevent response and investigation.
In order to be under District jurisdiction, the air contaminant must enter the
complainant’s site from the ambient air, not through interior vents or walls.
Asbestos demolition and renovation operations are an exception in that
the asbestos air contaminants may possibly not leave an interior building,
but are still subject to District jurisdiction. For indoor air contaminants,
either the Cal OSHA or local health department is the appropriate agency
for referral.
G. Potential Nuisance Sites
The Director of Enforcement, or an Air Quality Program Manager, may
designate any company/facility to be a potential public nuisance source
when sufficient complaint activity alleges air emissions from that site. The
Director may then consider enhanced response, which may include, but
not necessarily be limited to, assignment of overtime coverage or shift
work for field inspectors and support staff as needed to address the
specifics of the situation. The Director may also send the company/facility
a letter notifying them that they are being designated a potential public
nuisance.
H. Regarding Gasoline Dispensing Facility
See “Gasoline Dispensing Facilities” Guidelines of this Manual.
I. Regarding Residential Woodsmoke
If a complaint is received for woodburning smoke coming from a
residential fireplace or woodstove, the occupant at the residence address
identified will be sent a package of informational material concerning the
air pollution impacts of woodsmoke. If complaints become numerous
within one day, an inspector will be dispatched for investigation.
Bay Area Air Quality Management District Compliance & Enforcement Division
Complaint Guidelines Revised March 1, 2004
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3. FIELD INVESTIGATION
A. Assignment of Priority
Complaints will dispatched according to the Priority (P#) ranking listed in
the table below. Not all “Types” of specialized complaints are designated
in the table. If a Type is not listed, then the current status (ongoing vs. not
ongoing) will be used as the screening factor.
P# CURRENT
STATUS OR
TYPE
DISPATCH RESPONSE INSPECTOR
RESPONSE
1
Ongoing,
Potential
Nuisance Sites
15 minutes 30 min
2
Ongoing, non-
Nuisance
First Available, up to 30 minutes 30 min
3
Not Ongoing,
Asbestos
When inspector is first available
(but no later than 2 pm)
1 hr/2 hr for
Asbestos
4 Service station
nozzle
When inspector is first available
(but no later than 2 pm)
24 hr
N/A Residential
wood smoke
Wood smoke information materials
to be sent by mail
N/A
After a complaint has been dispatched the inspector must decide which of
the following to do first:
1. Go directly to the alleged or suspected source, or
2. Contact the complainant via telephone or
3. Contact the complainant in person.
If there is any possibility that a violation is in progress, then the complaint
response should begin with a visit to the suspected source of the
contaminant.
B. Inspector Safety
Inspection staff must conduct themselves in accordance with the District
Safety Policy which promotes “a safe work environment that will allow
employees to perform their work without fear of possible harm to their lives
and/or health….it is BAAQMD’s intent to provide a safe workplace, safe
equipment, proper materials and to establish and insist upon safe work
methods and practices at all times.” At the first sign of danger or threat to
safety, inspection staff should remove themselves from harm’s way as
quickly and safely as possible. Any inspection staff member who believes
Bay Area Air Quality Management District Compliance & Enforcement Division
Complaint Guidelines Revised March 1, 2004
10
that he/she has been endangered is to immediately report the incident to
his/her supervisor.
There may be cases during an inspector’s normal activities where
circumstances require a judgment call on the part of the inspector as to
whether his/her safety may be compromised. In such cases where the
inspector elects not to conduct the inspection activity due to safety
concerns, the inspector will notify his/her supervisor to obtain guidance on
how to proceed.
C. Inspector Procedures
The District investigates air pollution complaints as an impartial party to
determine facts and circumstances surrounding an alleged release of an
air contaminant to the atmosphere. Therefore, the inspector needs to
remain objective, impartial and neutral as he/she conducts the
investigation. Soliciting complaints, taking sides (with any party), leading
or influencing anyone is inappropriate. The Inspector is there to document
his/her observations, gather evidence and, if necessary, take appropriate
enforcement action.
The following guidelines will be followed by the Inspector when
interviewing the complainant:
1. Identification: Identify her/himself by name and by credentials on
the “Investigator” badge (see Exhibit 7) in a professional and
cooperative manner.
2. Listening: Allow the complainant to explain the details of the
complaint. When facts appear, the inspector should repeat them
aloud for verification and then write them down.
3. Explaining: Explain that:
• he/she will conduct an investigation, to include
o an attempt to track the source of the air contaminants
o contact of possible sources
• different regulations or laws may be involved and evidence will
be necessary to proceed with any enforcement action, if
appropriate.
4. Questioning: Proceed with a line of questioning, after the
complainant has expressed his/herself, which will help determine
the cause, nature, and source of the air pollution problem alleged in
the complaint.
Note: It may be necessary to explain to the complainant that this
line of questioning is necessary to establish the nuisance aspect of
Bay Area Air Quality Management District Compliance & Enforcement Division
Complaint Guidelines Revised March 1, 2004
11
their complaint. The inspector may need to explain that he/she is
not attempting to discourage or raise barriers, etc. An inspector will
NOT ask a complainant if they are willing to testify in court.
5. Impartiality/Objectiveness: Attempt to determine the source of
the air quality problem that may be revealed by a complaint, but will
remain impartial in the conduct of her/his duties, and will not take
“sides” during an investigation.
6. Other Jurisdictions: Attempt to assist the complainant to the
proper agency, if the complaint is not within the District's
jurisdiction, and if possible, provide the agency's phone number
(see Section 1(G) above). If the complainant requests help in
pursuing the complaint with the other jurisdiction, the inspector may
offer to facilitate the first contact, just to get the process started.
7. Other Information: Advise the complainant that until the
investigation is completed no promise of any legal action or
commitment to any course of enforcement action can be made.
The inspector will also advise the complainant that at the
conclusion of the investigation they can choose to receive the
following:
• the written Complaint Report and/or
• notification of the final disposition of any enforcement action that
may result from their complaint.
D. Complaint Interview
If the inspector meets with a non-English speaking complainant, the
inspector should utilize the available over-the-phone translation services
or use the card “We Speak Your Language” to have a complainant point to
his/her language in order to request the correct translator.
Upon arrival at the scene of the complaint situation (or at an alternative
location as prearranged by the inspector and the complainant), every
effort will be made to avoid obvious identification of the complainant (i.e.,
parking in front of the complainant's home when a representative(s) of the
alleged source is in the vicinity).
In order to effectively complete the investigation, the following information
should be obtained as part of the complaint interview:
1. Description of the problem and its frequency.
2. Time of day the incident or problem was first noticed.
3. Name and location of suspected release of air contaminants
4. Duration of each occurrence.
Bay Area Air Quality Management District Compliance & Enforcement Division
Complaint Guidelines Revised March 1, 2004
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If the complainant alleges health effects, then document the description
and frequency of the air contaminants or how the situation affected the
complainant, including any illnesses alleged to have resulted from such
incident. The inspector should attempt to document signs and
symptoms alleged by the complainant, as explained below:
5. Signs are observable - Examples are: tearing eyes, running nose,
coughing, sneezing, vomiting, sweating, respiratory distress,
scratching, rashes etc.
6. Symptoms are felt by the person affected and are not
observable. Examples are: nausea, burning eyes, burning throat,
burning nose, tightness in chest, stomach ache, tingling sensations,
itching etc. These symptoms must be described to the inspector by
the complainant.
7. If fall-out or other property impacts are involved, the inspector
should also examine the complainant’s property, and take
photographs, if possible. The pattern of fall-out of contaminants
may indicate the direction from which they came. Fall-out is any
material that is emitted as liquid or solid particles, or gaseous
material, which becomes liquid or solid particles, and has been
deposited through an airborne process onto a complainant’s
personal or real property.
8. Description of odors, if any involved.
9. Record of meteorological observations. The wind direction should
be obtained to help determine the source of an alleged odor.
10. Any other information the complainant may have that will relate the
complaint or air quality problem to a specific piece of equipment.
If the complainant is not at home the inspector will contact the complainant
by voice mail, or leave a card. The doorknob business card holder (see
Exhibit 4) should be used if possible.
If information is revealed that the complainant has other reasons for
registering a complaint besides personal impact of air contaminants, the
inspector will note that information in the statements in the written report.
E. Complaint Confidentiality
At the conclusion of the interview the inspector will inform the complainant
of the District confidentiality policy:
“The District cannot ensure complainant confidentiality with respect
to any matter which results in litigation, and which results from
and/or relies on the complaint as a basis for the litigation. All such
complainant information is discoverable and will, upon formal
demand, be made known to the defendant in the action.”
Bay Area Air Quality Management District Compliance & Enforcement Division
Complaint Guidelines Revised March 1, 2004
13
If the complainant wishes to retain confidentiality, then the inspector can
either offer to have the complaint changed to “Anonymous” or will notify
the ComCenter to cancel the complaint (see Section 1(G) above).
If the inspector feels, upon completion of the investigation, that a
complaint is essential to initiating an enforcement action, including the
issuance of an NOV, Regulation 7 applicability letter, etc., then the
inspector may ask a complainant to reconsider the confidentiality issue.
No coercion or pressure will be used.
No enforcement action, including the issuance of an NOV, etc. may be
based upon complaints which have been cancelled due to confidentiality
issues, nor will any reference to them be made in any other documents
associated with such issuance.
All complaints will continue to be confidential in every other manner, and a
complainant’s identity may not be released without an authorization from
the District Counsel’s Office.
F. Inspection of the Alleged Source
To establish a complaint verification (confirmation), the party responsible
for the release of an air contaminant, or for failure to follow a regulatory
requirement, must be established. When at all possible, the specific
source responsible should be identified.
When investigating the source the inspector should:
1. Identify her/himself by name and by credentials on “Investigator”
badge (see Exhibit 7) in a professional and cooperative manner.
2. Explain that he/she is investigating a complaint. For verification
purposes, the source contact may telephone the District
ComCenter (or Answering Service after core hours) at 800-334-
6367 to make certain a complaint was received and is being
investigated.
3. Ask pertinent questions relating to the facility’s activity at the date
and time in question, based on information obtained from
complainant
4. Inspect the equipment and compare actual operating conditions,
cycles and times of operation, with the times and frequencies of
complaints
5. Obtain wind data, if appropriate, from a nearby facility, e.g. airport,
air monitoring station, or by using a wind gauge.
6. Inform the responsible source as early as possible of any complaint
confirmation to them; or advise the alleged source of the
investigation outcome if they are determined not to be responsible.
Bay Area Air Quality Management District Compliance & Enforcement Division
Complaint Guidelines Revised March 1, 2004
14
G. Complaint Confirmation Status
A complaint confirmation status must be one of the following:
1. Complaint Confirmed
A confirmed complaint means that either an inspector, or another
trained employee of the District, or a complainant must be able to
establish that a particular operation or combination of operations is the
source of the air contaminants. This confirmation includes two
elements:
• detecting the odor/air contaminant release, and
• tracing it to its source.
Confirmation may be accomplished in three (3) different ways:
a. Face-to-Face: Personal observation by an inspector or
another trained District employee with the complainant. This
would require that the Inspector or District employee had
traced the air contaminant from the complainant's impacted
location to the alleged source. A contaminant can be traced
not only from residence or place of business, but from any
area where a complainant might typically be for public use,
e.g., parks, places of worship, stadiums, museums,
recreational facilities, etc.
b. Declaration: The Complainant is unable to meet with the
inspector, but, within 60 minutes of the time of the complaint,
the inspector is able to detect the alleged contaminant and is
reasonably assured, by corroborative evidence, that the
contaminant detected is the same as alleged by the
complainant, based on at least one prior face-to-face
confirmation with the same complainant for the same type of
contaminant. The Inspector is also able to trace the alleged
contaminant from the complainant’s impacted location to the
alleged source. The Complainant is subsequently offered
and chooses to complete a District “Complaint Declaration”
Form.
c. Other Evidence: The identification of an operation as the
source of the air contaminants by:
i. Analysis of a sample of the air contaminant, and, in some
cases, through other supporting data, such as, but not
limited to, recording chart data which can be correlated
Bay Area Air Quality Management District Compliance & Enforcement Division
Complaint Guidelines Revised March 1, 2004
15
with the time of complaints; e.g., wind charts, monitoring
devices, other public agency observations.
ii. Smoke emissions that are observed by the inspector and
the complainant, and the source can be identified.
iii. Fall-out that is observed impacting a complainant’s
property and the source can be identified.
NOTE: Although these represent three primary means for
confirming a complaint, the District reserves the right to
use any means legally available for confirmation.
2. Complaint Unconfirmed
An unconfirmed complaint means that either the odor/air contaminant
release could not be detected, or the source/facility cannot be
determined. A complaint should be deemed unconfirmed in the
following situations:
a. The inspector detected an odor or observed alleged fall-
out, smoke or other air contaminant, with the complainant,
but could not trace it to a source/facility. In these
circumstances the Inspector should offer the complainant
the use of an “Odor Log” (see Exhibit 3), which may help
the Inspector locate a source/facility.
b. The Inspector detected an odor downwind, or in close
proximity, of the alleged source/facility, but was unable to
detect an odor with the complainant.
NOTE: If a complainant completes a “Complaint
Declaration” form (subject to the conditions specified in
Section 1(B) above), an “Unconfirmed Complaint under
these circumstances” may be changed to a “Complaint
Confirmed.”
c. The Inspector cannot detect the odor/air contaminant.
H. Non-Specific Complaint
The cause of a complaint may not always involve air pollution. Although
most complaints are valid, some will concern problems over which the
agency has little or no control or in which air pollution plays a minor role.
Inspectors will thoroughly investigate air pollution problems that may be
pertinent. This may require alerting other government agencies with more
direct jurisdiction.
Bay Area Air Quality Management District Compliance & Enforcement Division
Complaint Guidelines Revised March 1, 2004
16
I. Complainant Follow-up
By the end of the day in which a complaint is received, the inspector will
attempt to contact the complainant and inform him/her of the current
status of the complaint investigation. If the investigation is still open at the
end of the day, the inspector will keep the complainant updated at
whatever reasonable time interval the complainant wishes to be advised
until the investigation is completed (confirmation status and enforcement
action, if any).
The inspector will ask the complainant whether or not he/she would like a
copy of the:
o written Complaint Report, and/or
o notification of disposition of any related enforcement
action (i.e., NOV Final Disposition) taken as a result of
the complaint filing (see Section 3(C)7 and 3(I) above).
4. PUBLIC NUISANCE – REGULATION 1
"No person shall discharge from any source whatsoever such quantities of air
contaminants or other material which cause injury, detriment, nuisance, or
annoyance to any considerable number of persons or to the public, or which
endanger the comfort, repose, health, or safety of any such persons or the
public, or which cause, or have a natural tendency to cause injury or damage
to business or property.
For the purposes of this section, three or more notice of violations validly
issued in a 30-day period to a facility for public nuisance shall give rise to a
refutable presumption that the violations resulted from negligent conduct."
Regulation 1, Section 301
A. Exclusions
1. Regulation 1, Section 301, cannot apply to:
a. Emissions from engines used to propel motor vehicles, as
defined by the California Vehicle Code
b. Aircraft
c. Fires used for residential heating or cooking
d. Open outdoor fires, recreational fires and outdoor cooking
fires, except to the extent limited by Regulation 5
e. Emission points which are unintended openings and from
which insignificant quantities of air contaminants are emitted
Bay Area Air Quality Management District Compliance & Enforcement Division
Complaint Guidelines Revised March 1, 2004
17
f. Air contaminants where purposely emitted for specific
beneficial use, e.g., smoke generated for public safety
training purposes
g. Emissions from agricultural operations, except as limited by
Regulation 5.
Refer to Regulation 1, Section 110, for specific details. Note: some
operations could still be cited under H&SC, Section 41700 with Director of
Enforcement/Air Quality Program Manager approval.
2. California H&SC, Section 41700, does not apply to odors emanating
from:
a. Agricultural operations necessary for the growing of crops or
the raising of fowl or animals
b. Operations that produce, manufacture, or handle compost,
as defined in PRC, Section 40116, if the odors emanate
directly from the compost facility or operations (See Section
2(B) above).
Refer to CH&SC Section 41705 for specific details.
B. Public Nuisance Violation Criteria
When sufficient complaint activity results from air emissions from a
company/facility, the Director of Enforcement, or an Air Quality Program
Manager, may designate that plant to be a potential public nuisance
source (see Section 2(G) above). The District may then allocate staff
resources to better address the developing nuisance situation. To
enhance the District’s response to these complaints, the Director or Air
Quality Program Manager may assign overtime coverage or shift work for
field inspectors and support staff as needed to address the specifics of the
situation. The Director of Enforcement may send the company/facility a
letter notifying them that they are being so designated.
In order to make a finding of violation for a specific incident, on a daily
basis, the District must establish the following:
1. Discharge of an air contaminant and the responsible party
Both the air contaminant and the responsible party must be
established by: direct observation; or odor/plume survey; or fall out
comparison; or evidence from monitors; or other data sources (e.g., FD
run reports, CHP & police reports, Hazmat reports).
2. Effect of the contaminant on the public, a considerable number of
persons, property or business, under one or more of the following
scenarios:
a. Causes injury, detriment, nuisance or annoyance to the public
or a considerable number of persons. Information regarding the
Bay Area Air Quality Management District Compliance & Enforcement Division
Complaint Guidelines Revised March 1, 2004
18
actual effect of the air contaminant on person(s) or the public can be
obtained from medical facilities, indicating the number of persons
treated and the nature of the treatment; OR information from the
complainants indicating how the contaminant is injurious, detrimental,
a nuisance, or annoyance can be obtained.
NOTE: A considerable number of persons or the public will be
determined by any of the ways listed under items i, ii, or iii below:
b. Endangers the comfort, repose, health or safety of the public
or a considerable number of persons. Information from
complainants can be obtained indicating how the contaminant has
endangered (threatened) their comfort, repose, health or safety; OR
information from a public agency or responsible government official
that an action was taken to protect the safety of the public can be
obtained.
NOTE: A considerable number of persons or the public may be
determined by any of the ways listed under items i, ii, or iii below:
c. Causes or has a natural tendency to cause injury or damage to
business or property. Document a quantifiable injury or damage to
business or property. "Damage" refers to quantifiable dollar losses.
To prove a public nuisance based on damage to a business, the
District requires documentation or proof of financial loss, such as
receipts for the clean up and/or repair costs associated with remedying
the alleged nuisance or other documentation of loss of business or
revenue. Employee loss of time can be considered where a business
owner provides written documentation demonstrating significant loss of
business.
A violation can be based on one complaint only, where information
from a complainant, as indicated above, must be provided. Or the
District can establish “a natural tendency,” if injury or damage is real
and verifiable, without documentation, based on repeat occurrences.
This option can only be utilized if the circumstances surrounding the
prior verification can be established to have occurred again with the
same degree of confidence. Such factors will be carefully reviewed
before issuance of an NOV under this citation.
In order to fulfill the criteria required under subsections 2(1) and 2(b)
above, the impact to a considerable number of persons must be
established in one of the following ways:
i. Daily, Complaint-Based: A minimum of five (5) confirmed
complaints in a day and at least two of which are confirmed in the
presence of the Inspector. NOTE: An inspector will not solicit
complaints from community members. This means an inspector will
not attempt to encourage or gather complaints in the field unilaterally
or act in a prejudicial manner against any facility under investigation.
Bay Area Air Quality Management District Compliance & Enforcement Division
Complaint Guidelines Revised March 1, 2004
19
However, this restriction does not apply to any organizing or soliciting
that may take place between members of the public.
ii. Public Agency-Based: The public aspect of a nuisance does
not need to rely on any complaints received by the District, if reliable
information from a public agency is available documenting the number
of persons impacted. Use of any such information will be only of data
based on real time activity and not include any projected or modeled
activity which might indicate a probability.
iii. Other Impact-Based: The weight of facts and evidence
demonstrates that the public has been impacted over time, which may
be less than the typical single-day thresholds for public nuisance on
any one day. Approval to issue based on this criteria will be
determined by the Director of Enforcement.
Once a finding of violation has been established pursuant to the applicable
criteria listed above, issuance of any public nuisance Notice of Violation
will be only after approval of the Air Quality Program Manager.
C. Further Enforcement Action
The Compliance and Enforcement Division staff will evaluate cases and
confer with the District Counsel’s Office to discuss options for further legal
action on cases.
D. Complainant Notification of Abatement Hearing
In all actions brought before the Hearing Board for the abatement of a
public nuisance, complainants involved in the nuisance will be notified of
the hearing.
5. ODOROUS EMISSIONS - REGULATION 7
Section 301: General Limit on Odorous Substances
Non-specific, any odor, at emission point
Sample diluted with odor-free air (Refer to Table I of Regulation 7 for
dilution rates).
Section 302: Limit on Odorous Substances at or Beyond Property Line
Non-specific, odorous ambient air
Sample diluted with four parts of odor-free air
Section 303: Limit on Odorous Compounds
Five specific, chemically identifiable odors at emission point
Maximum allowable concentrations (Refer to Table II of Reg. 7)
Bay Area Air Quality Management District Compliance & Enforcement Division
Complaint Guidelines Revised March 1, 2004
20
A. Standards Applicability
The standards of Regulation 7 are not applicable until the District receives
odor complaints from ten or more individuals within a 90-day period
alleging a specific facility. The complaints must allege that a person has
caused odors perceived at or beyond the property line of such person's
facility that are deemed to be objectionable by the complainants in the
normal course of their work, travel, or residence. This also includes areas
where complainants might typically be for public use, e.g., parks, places of
worship, stadiums, museums, recreational facilities, etc.
All complaints received against an alleged source are investigated for
confirmation, pursuant to the procedures specified at Section 3 above.
However, for the purposes of Regulation 7 applicability, complaints need
not be confirmed, if, based on facts and the weight of evidence through
investigation, such complaints are considered legitimate and provided they
are not related to one single event.
The standards remain in effect for any rolling 12 months from the date of
the most recent complaint. If 12 months pass and no additional
complaints are received, the facility is removed from the Regulation 7 list.
However, the limits will become applicable again when the District
receives alleged odor complaints from at least five or more complainants
within a 90-day period.
B. Facility Notification
Once the requirements of Regulation 7 have been triggered, the facility
must be notified in writing by the District that it is now subject to the
provisions of Regulation 7.
A letter, which must be signed by the Director of Enforcement (see
example at Exhibit 5), advises the persons responsible for the alleged
source(s) that Regulation 7 is now in effect and will remain in effect for a
period of 12 months from the date of the most recent complaint. A copy of
Regulation 7 must accompany the letter.
Only after facility notification is accomplished can an odor bag sample be
requested from the District’s Technical Services Division.
C. Sampling Request
Once a facility is subject to the provisions of Regulation 7 (10 complaints
have been received and proper notification has been made to the facility),
upon receipt of any additional complaints, the inspector will proceed to the
vicinity of the complaint to determine the viability of requesting a source
test unit for the purpose of obtaining a bag sample. Factors that influence
the viability of a Regulation 7 odor sampling are: commingling sources,
strength of odor, wind stability, etc. The inspector may request an odor
Bay Area Air Quality Management District Compliance & Enforcement Division
Complaint Guidelines Revised March 1, 2004
21
bag sample for up to 72 hours, but should carefully weigh the factors
before calling.
If an odor is present, the Inspector shall advise the supervising inspector
to request the Technical Division Source Test Section staff
to conduct a
source test or collect odor bag samples. All communication
surrounding the request for an odor bag and potential odor panelists
should be conducted in a secured manner (e.g., not by way of the
ComCenter radio system. Nextel devices used in either the phone or
direct connect mode are secure).
D. Determination of Sampling Location
The inspector will be responsible for selection of an appropriate location
for off-property odor sampling. The overriding basis for the selection shall
be the assurance, that any sample collected, which may be deemed
odorous after dilution at four to one, was emitted from the alleged source.
Evaluation, by the inspector, of any odors directly upwind of the selected
sampling location shall be conducted immediately prior to and immediately
after sampling has been conducted.
If, in the opinion of the inspector on site, there is a potential that an odor
directly upwind of the selected location may pose a potential interference
to the collected sample, and no other appropriate downwind sampling
location can be found to eliminate this potential interference, an upwind
sample shall also be collected for evaluation pursuant to Section 404 of
Regulation 7. Upon completion of sampling, the Inspector will sign the
"Odor Field Data Sheet" (see Exhibit 6) provided by Source Test Section
staff, verifying that all the pre-test and post-test upwind inspections were
conducted.
E. Odorous Emissions Violation Criteria
See “Source Test Requests and Results Guidelines" of this Manual for
processing of Source Test recommendations for Notice of Violation
issuance.
6. COMPLAINT REPORTS
A. General
Verify the correct information was dispatched regarding complaint type
and Site#.
Do NOT identify the complainant by either first or last name or by address
within the body of the report. When referring to the complainant, identify
him/her only by the C#.
Bay Area Air Quality Management District Compliance & Enforcement Division
Complaint Guidelines Revised March 1, 2004
22
B. Major Incident
In some situations, complaints are associated with an accidental release
or a major incident. The inspector should follow the “Incident Response
and Investigation Plan” Guidelines of this Policies and Procedures Manual
and may need to prepare an Incident Report.
7. COMPLAINT FORMS
A. Complaint Report
A complaint report documenting the investigation of a complaint received
will be written on the “Complaint Report” form (see Exhibit 1). If the
Complainant has indicated a desire to receive a copy of the written report,
that process will also be initiated. Copies of complaint reports resulting
from ARB or EPA referral are sent to the referring agency.
B. Complaint Declaration
A “Complaint Declaration” form (see Exhibit 2) should be offered to a
Complainant if the inspector and Complainant are unable to meet and
identify the contaminant together (face to face), but the inspector is able to
accomplish the following:
• Can arrive within 60 minutes of the time of the complaint
occurrence at the location specified;
• Can independently detect the contaminant alleged by the
complainant and trace it from the Complainant’s impacted location
back to the alleged source/facility;
• Is reasonably certain the contaminant detected is the same
contaminant alleged by the complainant, based upon at least one
prior face-to-face confirmation with the same Complainant.
If the above criteria are met, then a “Complaint Declaration” form
completed and returned by the Complainant for processing will be deemed
to confirm a complaint (see Section 3(G) above).
If the above conditions have already been established for at least one
complainant, the “Complaint Declaration” form may also be used in public
situations where many people approach an inspector at once. The forms
can be distributed, retrieved, and the complainants can be interviewed at a
later time.
C. Odor Log
The “Odor Log” form (see Exhibit 3) is an information-gathering tool to
gather correlating information when a source is unknown or to assist in
building or strengthening an existing case. It should not be used instead
of making a formal complaint (via telephone) or, where applicable,
Bay Area Air Quality Management District Compliance & Enforcement Division
Complaint Guidelines Revised March 1, 2004
23
completing a “Complaint Declaration” form. An “Odor Log” form should be
used for the following circumstances:
• Complainants who wish to record daily and hourly observations of
an air contaminant for which a complaint has already been called in
to the District. This can be used when a Complainant wants to
make more than one complaint in any single calendar day (see
Section 1(G) above).
• Complainants who are family members of the same household
where a Primary complaint has already been received for the same
source on the same day (see Section 1(G) above).
• Complainants who have stated they want to assist in the
investigation where the source/facility has not been determined.
These guidelines are intended to provide staff with standardized procedures.
District staff may deviate from these guidelines following approval from District
management. The guidelines do not modify District regulation or other applicable
law, and do not create binding requirements on the APCO or any entity outside
the District. In the event of a conflict between these guidelines and District
regulation, the latter will govern.
Bay Area Air Quality Management District Compliance & Enforcement Division
Complaint Guidelines Revised March 1, 2004
BAY AREA AIR QUALITY MANAGEMENT DISTRICT 939 ELLIS STREET, SAN FRANCISCO, CA, (415) 771-6000
Exhibit 1
COMPLAINT #
COMPLAINT REPORT
; ALLEGED SOURCE
Name:
Address:
City: Zip:
DESCRIPTION
Type: odor
Odor Description:
Occurrence Date: Time: hours On-going
Pertinent Data:
COMPLAINANT
Last First
Name: anonymous
Address:
City: Zip:
Home Phone: ( ) - now
Alternate Phone: ( ) - now
Referral: EPA ARB Other Agency Petition - # of people:
RESPONSE
Contacted: 1-No- Do Not contact
How Contacted
: Date: Time: hours
Source: confirmed as alleged unconfirmed
Show exact confirmed source if different from alleged
Name:
Address:
City: Zip:
Contact:
Location: single family dwelling
Site #: NOV# (0=NONE):
Note: Report on page 2
Inspector: I# Date:
Routing
Init Date
Supv Insp
Radio Rm Update
C
H
A
N
G
E
S
Complaint Guidelines Revised March 1, 2004
24
BAY AREA AIR QUALITY MANAGMENT DISTRICT 939 ELLIS STREET SAN FRANCISCO, CA 94109 (415) 771-6000
Complaint Report – page 2
C #
A confirmed complaint does not automatically indicate a violation of the state or Federal law or BAAQMD
regulation.
Inspector:
# Date of Report:
I. INTRODUCTION
II. OBSERVATIONS
III. STATEMENTS
IV. CONCLUSIONS
Complaint Guidelines Revised March 1, 2004
25
See page Two for General Information and Specific Instructions
Exhibit 2
COMPLIANCE & ENFORCEMENT
DIVISION
Complaint
Declaration
C#_____________
Person Making Complaint
Name:
Home Address:
Mailing Address, if different:
Home Phone: Alternate Daytime Phone: (cell? Yes No )
Time of Emission
Date emission was observed:
Time when emission was observed: From_______ AM/PM To ___________ AM/PM
Was the emission continuous or intermittent during that time?
Location of Emission
Was this location different from the above home address? Yes No
Location where the emission was observed if other than above. Give address if possible
Suspected source Company name, if known:
Direction the wind was blowing from, if noticed: N-- NE-- E-- SE-- S-- SW-- W-- NW--
Description of Emission
Odor--- Smoke--- Dust--- Asbestos--- Other---
If Other, please describe:
If Odor, please describe (see Instructions on reverse)
Odor Intensity: Very Strong--- Strong--- Easily Noticeable--- Faint--- Very Faint---
Impact of Emission
How did the emission affect you?
Other useful information, comments:
Will you testify in court? Yes No
Declaration
I declare under penalty of perjury that the above information is true and correct.
Executed on: __________________ 20___ at __________________________, California
_________________________________________________
Signature of Complainant
Bay Area Air Quality Management District Compliance & Enforcement Division
Complaint Guidelines Revised March 1, 2004
26
Exhibit 2
Exhibit 2
General Information
• This form should be obtained from a District Inspector during the course of
complaint investigation in order to establish the connection between a
complaint and the case being investigated.
• The Inspector will interview the Complainant either at the time of the
complaint or when this Complaint Declaration form is collected.
Instructions
• ALL: Every box must be completed. If the information is not known or is
not applicable, the Complainant will indicate “not known” or “not
applicable” in the space provided.
• COMPLAINANT INFORMATION: The Complainant must list a residence
location, not a post office box number. At least one of the telephone
numbers must allow contact with the Complainant from 8:30 AM to 5:00
PM Monday through Friday.
• ODOR DESCRIPTION: If possible, the Complainant can relate the
emission to a more familiar odor. Some examples are:
o skunk, rotten eggs, sewage, tar/asphalt, sulfur
o solvent, paint, gasoline, petroleum, oil
o burning, burning wood, burning pot handles, burning brakes/clutch
o garbage, dead animal, rotten meat, vomit, cooking vegetables
o chemical, musty, metallic
• IMPACT OF EMISSIONS: The Complainant must state the way in which
the emissions impacted or had a result/effect on him/her.
• DECLARATION: The inspector will check that the signature is the
Complainant’s legal name.
Bay Area Air Quality Management District Compliance & Enforcement Division
Complaint Guidelines Revised March 1, 2004
27
This form is an information-gathering tool to collect correlating data when a source is unknown or to assist in
building or strengthening an existing case. It should not be used instead of making a complaint via telephone.
See Reverse for Instructions and Completion
Exhibit 3
Compliance and
Enforcement Division
To Report an Air Pollution Complaint, call the
Toll-Free, Multi-Lingual Complaint Line:
1-800-334-ODOR [6367]
To Report a Natural Gas Odor to PG&E:
1-800-743-5000
To Report any EMERGENCY: Dial 9-1-1
Odor Log
Week of:
___________________
through
___________________
C#_____________
(if applicable)
Name of Alleged Odorous Facility: Unknown
Address of Alleged Odorous Facility:
Address Location for Log:
Mo/Date Sun. __/__ Mon. __/__ Tues. __/__ Wed. __/__ Thurs. __/__ Fri. __/__ Sat. __/__
6 – 9 AM
Intensity
Description
Wind From:
9 - 12 PM
Intensity
Description
Wind From:
12 - 3 PM
Intensity
Description
Wind From:
3 - 6 PM
Intensity
Description
Wind From:
6 - 9 PM
Intensity
Description
Wind From:
9 - 12 AM
Intensity
Description
Wind From:
12 – 3 AM
Intensity
Description
Wind From:
3- 6 AM
Intensity
Description
Wind From:
Bay Area Air Quality Management District Compliance & Enforcement Division
Complaint Guidelines Revised March 1, 2004
28
Exhibit 3
H:\PUB_DATA\P&P development\Complaint Guidelines\Odor Log2-Ex 3.doc
Coments:
Name of Person Completing Form: Keep Confidential? Y___ N ___
Signed ___________________________________________________________ Date __________________
Address of Person Completing Form:
General Instructions for Completing Odor Log
The form should be filled out by only one adult in the household to insure uniformity.
The location can be anywhere the odor is detected, but it must be the location used
consistently per log. Each log contains a week’s period, with eight 3-hour spaces for
recording odors on each 24-hour day. For each log, make entries as follow:
• Under “Week of” enter Sunday’s date of the week in which the log was started.
Any portion of the week may be recorded or left blank.
• Next to each day of the week, enter the abbreviated month/date.
• In the first row under each time slot, labeled “Intensity,” select a number (1)
through (5) which indicates the strength of the odor. See Odor Intensity below.
If you do not detect any odor during any time slot, leave that slot blank.
• In the second row under each time slot, labeled “Character,” select a letter (A)
through (P) which best describes the type of odor you detected. You may use
more than one letter, if necessary. See Odor Descriptions below:
• In the third row under each time slot, labeled “Wind From.” list the compass point
direction from which
the wind was blowing, e.g., E or NW.
Under the comments area, add any information you feel may be helpful, such as wind
speed, weather conditions, further description of the odor, etc.
Odor Intensity Odor Descriptions
1 – Very faint A – Chemical
2 – Faint B – Paint-like, solvent
3 – Easily noticeable C – Natural gas, household stove
4 – Strong D – Sewage, fecal matter, manure
5 – Very strong E – Gasoline, diesel, kerosene, oily
F – Tar-like, asphalt
G – Rotten egg (H2S), skunk
H – Sulfur, lighting match
I – Vomit, rotten meat, dead animal, putrid
J – Sour, acid, vinegar
K – Sweet, acrid, pungent
L – Musty, metallic
M – Burning brakes, clutch, pot handle
N – Burning wood, cardboard, paper
O - Compost, rotting vegetation
P – Other, specify in comments area
Bay Area Air Quality Management District Compliance & Enforcement Division
Complaint Guidelines Revised March 1, 2004
29
Bay Area Air Quality Management District Compliance & Enforcement Division
Complaint Guidelines Revised March 1, 2004
30
Exhibit 4
Exhibit 5
Date_____________
Facility Name
Address
City
Dear _________________:
This letter is to advise you that the Bay Area air Quality Management District has
received a sufficient number of complaints from citizens alleging objectionable
odors from your facility during the 90-day period commencing on ___________
and ending on _________________.
As a result of these complaints, your facility is now subject to the provisions of
District Regulation 7, Odorous Substances. A copy of the regulation is enclosed
for your review. Your facility will remain subject to this regulation until such time
as the District has confirmed no citizen complaint for a period of 12 months from
the date of this letter.
The District would be please to discuss with you the nature of the complaints,
and assist you in identifying and eliminating or reducing the offending odor from
your facility. It is our hope that this matter can be resolved to everyone’s
satisfaction and that further enforcement action will not be necessary. Please
contact _____________, Supervising Air Quality Inspector, at (415) 749-xxxx to
arrange such a discussion, or to obtain additional information.
Thank you for your attention to this matter.
Very truly yours,
Kelly Wee
Director, Compliance and Enforcement
KW
Enclosure
Bay Area Air Quality Management District Compliance & Enforcement Division
Complaint Guidelines Revised March 1, 2004
31
Exhibit 5
Bay Area Air Quality Management District Compliance & Enforcement Division
Complaint Guidelines Revised March 1, 2004
32
Exhibit 6
Bay Area Air Quality Management District Compliance & Enforcement Division
Complaint Guidelines Revised March 1, 2004
Exhibit 7
33
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