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the atmosphere from any affected facility any emissions which cause an odor objectionable to individuals of ordinary sensibility.”
What Is Ordinary?
“Have you ever gone before a circuit court judge and asked him to determine if someone has ‘ordinary sensibilities’?" Kearns asked.
“Take the judge to Front Royal and let him decide if the smell is offensive to ordinary sensibilities,” someone suggested from the audience.
Asked repeatedly if state regulations set an unenforceable standard for odor control, Kearns declined to answer with a yes or no. He said, however, that Virginia is one of only six or seven states with odor regulations. He noted that the
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