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nuisance language, which is generally a criminal violation. There is also a civil nuisance statute, <br />which states that any person can bring forward a complaint if they feel their property is affected <br />or enjoyment of their property is lessened. In regards to the criminal aspect the City would need <br />to prove beyond a reasonable doubt the violation, including testimony of a considerable amount <br />of residents. Gathering evidence on odor is very difficult. ~ <br /> <br />Community Development Director Frolik stated that the MPCA has repealed their process <br />relating to odors because it is subjective. <br /> <br />City Attorney Goodrich noted that he talked to the City of St. Paul Attorney's office who is <br />having an ongoing issue with an ethanol plant. In that case they have determined the odor device <br />was too expensive, so they are dealing with the issue by citizen complaints so that if they go <br />forward with prosecution they will be relying solely on citizens complaint, which makes <br />prosecution more difficult. <br /> <br />Mike Herron, Tiller Corporation-Commercial Asphalt, requested that the Council allow them to <br />work with staff and monitor their plant the first 60 days of operation. He hopes that by doing <br />that they can target specific mixes that they are using or making that are causing the problem. <br /> <br />Councilmember Anderson inquired if there are any harmful elements that people need to be <br />concerned about. <br /> <br />Mr. Herron replied that he is not an expert in that, but the production of asphalt has been studied <br />extensively by the EPA and PCA and they are a very minimal generator of asphalt. <br /> <br />Councilmember Anderson inquired as to how they can get rid of the smell. <br /> <br />Mr. Herron replied that they are requesting the opportunity to work .with staff this spring as well <br />as the manufacturer of the masking agent to resolve the problem. <br /> <br />Councilmember Anderson stated that her concern is that they have a history of a resident <br />complaint since 1987, which is a very long time. <br /> <br />Councilmember Hendriksen stated that before the asphalt plant came to Ramsey, they heard <br />testimony from people in Anoka that they had the same problem. <br /> <br />Mr. Herron stated that he did not see anything in the record that indicates that the odor nuisance <br />began in 1987. <br /> <br />Councilmember Hendriksen stated that he drives down Highway #10 and smells the odor on <br />many occasions, but he does not call the City every time he smells it. <br /> <br />Mr. Herron stated that he was not saying that the odor does not occur, but he would like the <br />opportunity to work with staff next spring when the plant is reopened. <br /> <br />City Council/November 26, 2002 <br /> Page 18 of 23 <br /> <br /> <br />