The City Council on Tuesday decided to delay until April 9 an ordinance to control noxious odors and nuisances.
In response to recent complaints about chicken plants in the city, Chairman Ken Smith is sponsoring an amendment that adds sections relating to noxious odors and nuisances to the current ordinance.
This will shift some responsibility of control to the Hamilton County Health Department.
However, at the time of the 3 p.m. agenda meeting, the Health Department had not yet reviewed information that City Attorney Phil Noblett had sent.
Council members said they do not want the plants owned by Pilgrim’s Pride on Broad Street and Koch located on Cuppella Street to close. And they do not want to lose jobs that these companies provide. They do want to ensure that the issue of odor is addressed without getting into any legal battles.
The air pollution control board has regulations; however, it does not consider odors as a health threat, said Councilwoman Carol Berz. One concern is that 25 people may get together to complain to the Health Department about odors from a sewage treatment plant or storage tank or just the smell of food cooking at a restaurant that they do not like. The ordinance modeled after Memphis’ might deal with nuisances, not especially odors, said Mr. Noblett. It could be a requirement for permitting.
The problem has been around for years said Councilwoman Demetrus Coonrod, but nothing was done until the demographics changed, she said. "I wasn’t there at that time," said Chairman Smith, adding that he is just trying to fix the problem now. There are mechanisms in place to reduce the smell, he said, and, if they are doing what they should, there should be no problem and there should be no odors. Recent inspections, however, have found those mechanisms and equipment not working. This has nothing to do with nobody taking action in the past, he told Councilwoman Coonrod.
"I’m tired of blaming things on class or race issues," said Councilman Jerry Mitchell. "Let’s just do something and they will comply. It is about what is right for the community. This is our moment in time, let’s do it,” he said.
The question of how to get companies in compliance with the city’s codes was asked by Councilman Erskine Oglesby. He said the maximum fine for non-compliance is $50 a day, or $18,250 per year, which is not enough to ensure huge companies to follow the rules. Councilwoman Berz said that $50 per day would do nothing, but “the court of public opinion” would be more effective. She suggested sitting down with officials from the two companies to see what can be worked out.
The Air Pollution Control Board has been called recently, which spurred Mr. Smith’s probe into the issue. He is attempting to find out why that board has not been doing permitting reviews and what difference that might have made.
The plants have been at their present locations many years before developers who are complaining purchased property nearby and have built condominiums. The attorney said the businesses cannot be made to move since the developers knew what was there at the time they bought the property. He said the city can still take steps to regulate a health issue.
There are commercial businesses in town that deal with this kind of problem, said Councilman Darrin Ledford. He said, "There are solutions out there." But he said it is not for the council to promote their use. That is up to the businesses. He suggested addressing the matter as a permitting issue.
Councilperson Anthony Byrd said future generations should be considered when dealing with this problem. Protections need to be put in place for children.
Representatives from both food companies will be present at the 6 p.m. council meeting. And, a representative from the Health Department has been requested to attend.