Common use of Odor Control Technology Clause in Contracts

Odor Control Technology. The Company shall ensure that odor from the Establishment is not released so as to constitute a nuisance to surrounding properties. The Company shall utilize a closed air system at the Establishment, to include the entire facility, to not relive or introduce any outdoor air into the Establishment, nor allow any indoor air to escape prior to being mitigated with odor-control technologies, including but not limited to carbon filtration installed in the HVAC system. The Company shall employ odor control technology to remove odors and harmful volatile organic compounds (VOCs) from the Establishment. The Company shall ensure proper maintenance of all odor mitigation equipment to ensure maximum efficiency. The Town will notify the Company upon receipt of a complaint. In the event the Town receives three (3) or more complaints with respect to odor impacts in relation to the operation of the Establishment, the Company shall be required to meet with the Select Board, which may require that additional mitigation measures be taken within defined timeframes as identified by the Select Board and/or an Independent Engineer, at the Company’s sole expense, to address the specific nature of the complaints, including, but not limited to, having its odor prevention mechanism and technologies reviewed and assessed by an Independent Engineer, to address the specific nature of the complaints to the satisfaction of the Select Board. If, upon a fourth complaint, in the sole discretion of the Select Board, the odor complaints have not been adequately addressed, the Select Board may terminate this Agreement. Nothing set forth herein, shall limit the authority or jurisdiction of the Department of Environmental Protection, Building Commissioner, Board of Health, or any other state or local enforcement official from enforcing applicable state laws and regulations or the Town’s local bylaws and regulations, with respect to odor violations.

Appears in 1 contract

Sources: Host Community Agreement

Odor Control Technology. The Company shall ensure that odor from the Establishment is not released so as to constitute a nuisance to surrounding properties. The Company shall utilize a closed air system at the Establishment, to include the entire facility, Establishment to not relive or introduce any outdoor air into the Establishment, nor allow any indoor air to escape prior to being mitigated with odor-control technologies, including but not limited to carbon filtration installed in the HVAC systemescape. The Company shall employ odor control technology to remove odors and harmful volatile organic compounds (VOCs) from the Establishment. The Company shall ensure proper maintenance of all odor mitigation equipment to ensure maximum efficiency. The Town will notify I would suggest the following revision, in addition, the Company shall conduct odor tests at the Establishment annually, or more frequently as requested by the Select Board, using an olfactometer to ensure that odors are being properly mitigated to the satisfaction of the Select Board. The Company shall provide the Town two (2) weeks written notice prior to said testing and upon receipt the request of the Select Board, shall schedule the test to be conducted at a complaintmutually agreeable date and time such that a designee of the Select Board may be present. In the event the Town receives three five (35) or more complaints from citizens representing separate households within a two-week period with respect to odor impacts in relation to the operation of the Establishment, the Company shall be required to meet with the Select Board, which may require that additional mitigation measures be taken within defined timeframes as identified by the Select Board and/or an Independent Engineertaken, at the Company’s sole expense, to address the specific nature of the complaints, including, but not limited to, having its odor prevention mechanism and technologies reviewed and assessed by an Independent Engineer, to address the specific nature of the complaints to the satisfaction of the Select Board. If, upon a fourth complaint, in the sole discretion of the Select Board, the odor complaints have not been adequately addressed, the Select Board may terminate this Agreement. Nothing set forth herein, shall limit the authority or jurisdiction of the Department of Environmental Protection, Building CommissionerInspector, Board of Health, or any other state or local enforcement official from enforcing applicable state laws and regulations or regulations, the Town’s local bylaws and regulations, with respect to odor violations.. T

Appears in 1 contract

Sources: Host Community Agreement