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  24 hour toll-free complaint hotline: 1-800-334-ODOR(6367) 24 hour toll-free complaint hotline: 1-800-334-ODOR(6367)

The Bay Area Air Quality Management District receives approximately 3,000 air pollution complaints every year from members of the public. Nearly 1,700 of these complaints are related to odor.   Members of the public are keenly aware of air pollution events in their communities and often act as first indicators of air quality problems to the District. Satisfactory resolution of complaints is one of the most important and difficult responsibilities of District staff. In fact, other than a violation in progress, responding to complaints from the public takes precedence over all other duties assigned to inspectors.

 

If you wish to register a complaint about air pollution, the following information will tell you about the process and give you some tips that will help us respond to your complaint in the most efficient manner.

For instructions on filing a smoking vehicle complaint, visit the Smoking Vehicle web page.

For idling or smoking locomotive complaints you can call the number above or file a complaint at: www.arb.ca.gov/railyard/complaint/complaint.htm.

General Information

Every complaint is investigated individually by a field Inspector.

Whenever possible, complainants are contacted in person unless they specifically request otherwise.

The names and addresses of complainants are confidential and are divulged to no one but Air District staff, except where required in matters pending before the court. Or, you may register your complaint anonymously.

District Inspectors prepare a written report for each complaint investigation and you may request a copy of the report if you wish.

Complaints are never solicited by District personnel. Air pollution complaints should be spontaneous and self-generated.

Air Pollution Complaint Investigation

 

Complaints are routinely received for many air contaminants which may include odors, smoke, dust, and/or fallout. During regular business hours, complaints are dispatched to an inspector as soon as received, or, with very few exceptions, no later than 30 minutes after receipt. This ensures a prompt, timely investigation while the event is in progress.

 

When complaints are dispatched, Inspectors proceed directly to the area of the suspected source to determine the cause of the complaint. Inspectors are often able to quickly determine the likely source of emissions. Complainants are contacted as soon as possible under the circumstances at the time of investigation. Inspectors will contact each complainant and will confirm odor complaints in the presence of the complainant whenever possible.

 

While Inspectors attempt to ascertain whether a violation of air quality regulations has occurred, air quality complaints may even occur when an operation is in full compliance with regulations. But even if the suspected facility is in compliance, Air District Inspectors will still strive to achieve early intervention on any potential problems where possible in order to achieve successful resolution. The goal is to mitigate any negative impact on the public. If a violation is documented, enforcement action will be taken.  

Public Nuisance

 

The Air District can receive numerous complaints that are confirmed to a particular plant or facility.   This occurrence may result in a determination that the facility is creating a public nuisance. The California Health and Safety Code and District regulations prohibit emissions of air contaminants which cause nuisance or annoyance to a considerable number of people, or that present a threat to public health, or damage to property.

 

Notice of Violation

 

When a public nuisance or other violation of state, federal or District rules and regulations occurs, the District may issue a Notice of Violation to the responsible individual or facility. California law provides that violations of air pollution regulations may be prosecuted through either administrative, civil, or criminal processes.

 

If an individual or facility does not achieve compliance promptly after enforcement action has been taken, the Air Pollution Control Officer may petition the Air District’s Hearing Board for an Order of Abatement. Abatement Orders may require the addition or modification of air pollution control equipment and/or changes in operating procedures within a specified time-frame to eliminate the release of offensive air contaminants or excessive emissions.

 

Tips on Making a Complaint

 

Air pollution complaints should be made as soon as possible after detecting an odor or observing smoke or fallout. The sooner a complaint is received, the sooner it is dispatched to an Inspector and the investigation can begin.  

 

When making an odor complaint, a good description is very helpful. Try to associate the odor with something familiar to most people such as rotten eggs, rotten cabbage, sweet or sour chemicals, burning plastic, garlic, chlorine, or asphalt. Some other useful descriptions are: oily, musty, metallic, pungent, light or heavy. Other helpful information is whether the odor is intermittent but recurring, or constant for longer periods of time, and how long you have been experiencing the problem. It is very important for us to know what impact the emissions have had on you.

 

It is also important to phone in complaints on each day that the problem is observed.

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