Good morning!

We are dealing with a situation where a disgruntled property owner (unhappy
with zoning regulations, among other issues) is complaining that an
industrial facility regularly emits steam and noise which the complainant
believes is a nuisance and hazardous to the community.

The noise ordinance is not very stringent, so no current issue there.  I
think the ordinance will be updated this month to include exceptions for
noise such as carillons and industrial while also implementing clearer
guidelines on noises emanating from within structures.

The municipality doesn't have any ordinances that would regulate the steam
or airborne particulate that is being expelled from the facility.  As far as
I can tell, that would be within the exclusive purview of ODEQ/EPA.

My inclination is to advise that the complainant should take up the issue
with DEQ but I would appreciate any insight from you all.

Thanks very much,

Kim Spady

Although not really on point with your issue, Kim.........for everyone's benefit and bc municipal victories aren't an everyday thing...........I am attaching a public opinion issued on 10-1-23 by the 10th Cir. which ruled in favor of the City of Norman on a suit which addresses the constitutionality of the City's disturbing the peace.    Congrats to the Norman City Attorneys who handled this one!!!

Ambre C. Gooch
Associate General Counsel
agooch@omag.orgmailto:agooch@omag.org

[cid:image001.png@01D94D09.380D2410]
3650 S. Boulevard
Edmond, OK  73013
Phone: 405.657.1447
Fax: 405.657.1401
OMAG Web Sitehttp://www.omag.org/
Follow us on:
[https://www.omag.org/portals/0/facebook.png]https://www.facebook.com/pages/Oklahoma-Municipal-Assurance-Group/217733311740931?ref=stream    [https://www.omag.org/portals/0/twitter.png] https://twitter.com/omag1977      [https://www.omag.org/portals/0/linkedin.png] http://www.linkedin.com/company/oklahoma-municipal-assurance-group
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From: Kim@spadylaw.com Kim@spadylaw.com
Sent: Thursday, March 2, 2023 10:35 AM
To: 'OAMA luistserv' oama@lists.imla.org
Subject: [Oama] Noise/Pollution

Good morning!

We are dealing with a situation where a disgruntled property owner (unhappy with zoning regulations, among other issues) is complaining that an industrial facility regularly emits steam and noise which the complainant believes is a nuisance and hazardous to the community.

The noise ordinance is not very stringent, so no current issue there.  I think the ordinance will be updated this month to include exceptions for noise such as carillons and industrial while also implementing clearer guidelines on noises emanating from within structures.

The municipality doesn't have any ordinances that would regulate the steam or airborne particulate that is being expelled from the facility.  As far as I can tell, that would be within the exclusive purview of ODEQ/EPA.

My inclination is to advise that the complainant should take up the issue with DEQ but I would appreciate any insight from you all.

Thanks very much,
Kim Spady

Although not really on point with your issue, Kim.........for everyone's benefit and bc municipal victories aren't an everyday thing...........on 3-1-23, the 10th Cir. issued a published opinion in Harmon, et al. v City of Norman, et al., which ruled in favor of the City of Norman on a suit which addresses the constitutionality of the City's disturbing the peace.    Congrats to the Norman City Attorneys who handled this one!!!

I tried attaching the Opinion to this email but the IMLA server rejected it due to its size.........you can find it on the 10th Circuit website, though, for opinions issued on 3-1-23.

Ambre C. Gooch
Associate General Counsel
agooch@omag.orgmailto:agooch@omag.org

[cid:image001.png@01D94D0C.018D8B20]
3650 S. Boulevard
Edmond, OK  73013
Phone: 405.657.1447
Fax: 405.657.1401
OMAG Web Sitehttp://www.omag.org/
Follow us on:
[https://www.omag.org/portals/0/facebook.png]https://www.facebook.com/pages/Oklahoma-Municipal-Assurance-Group/217733311740931?ref=stream    [https://www.omag.org/portals/0/twitter.png] https://twitter.com/omag1977      [https://www.omag.org/portals/0/linkedin.png] http://www.linkedin.com/company/oklahoma-municipal-assurance-group
NOTICE: The information contained in this email and any document attached hereto is intended only for the named recipient(s). If you are not the intended recipient, nor the employee or agent responsible for delivering this message in confidence to the intended recipient(s), you are hereby notified that you have received this transmittal in error, and any review, dissemination, distribution or copying of this transmittal or its attachments is strictly prohibited. If you have received this transmittal and/or attachments in error, please notify me immediately by reply e-mail and then delete this message, including any attachments.

From: Kim@spadylaw.com Kim@spadylaw.com
Sent: Thursday, March 2, 2023 10:35 AM
To: 'OAMA luistserv' oama@lists.imla.org
Subject: [Oama] Noise/Pollution

Good morning!

We are dealing with a situation where a disgruntled property owner (unhappy with zoning regulations, among other issues) is complaining that an industrial facility regularly emits steam and noise which the complainant believes is a nuisance and hazardous to the community.

The noise ordinance is not very stringent, so no current issue there.  I think the ordinance will be updated this month to include exceptions for noise such as carillons and industrial while also implementing clearer guidelines on noises emanating from within structures.

The municipality doesn't have any ordinances that would regulate the steam or airborne particulate that is being expelled from the facility.  As far as I can tell, that would be within the exclusive purview of ODEQ/EPA.

My inclination is to advise that the complainant should take up the issue with DEQ but I would appreciate any insight from you all.

Thanks very much,
Kim Spady

Kim:

I agree that the property owner's remedy is to address his/her issue with DEQ for whatever is being expelled from the facility. Years ago, I had a similar case and the Plaintiffs (multiple) hired an attorney and sued a company for airborne particulates - they didn't get very far but your property owner might have that option as well.

Thomas G. Ferguson, Jr.
Partner
[WFF Legal]

From: Kim@spadylaw.com Kim@spadylaw.com
Sent: Thursday, March 2, 2023 10:35 AM
To: 'OAMA luistserv' oama@lists.imla.org
Subject: [External] [Oama] Noise/Pollution

Good morning!

We are dealing with a situation where a disgruntled property owner (unhappy with zoning regulations, among other issues) is complaining that an industrial facility regularly emits steam and noise which the complainant believes is a nuisance and hazardous to the community.

The noise ordinance is not very stringent, so no current issue there.  I think the ordinance will be updated this month to include exceptions for noise such as carillons and industrial while also implementing clearer guidelines on noises emanating from within structures.

The municipality doesn't have any ordinances that would regulate the steam or airborne particulate that is being expelled from the facility.  As far as I can tell, that would be within the exclusive purview of ODEQ/EPA.

My inclination is to advise that the complainant should take up the issue with DEQ but I would appreciate any insight from you all.

Thanks very much,
Kim Spady