By Dan Klepal
The Cincinnati Enquirer

The city of Cincinnati may be getting back into the odor-control business.

City Council is likely to consider on Wednesday a plan that would allow prompt prosecution of companies that fail to control odors and plant emissions such as dust, fumes, gas, smoke or vapors and allow the city to impose fines of up to $15,000 for every day the violation goes unresolved.

The cases would prosecuted in county housing court.

"This is an indicator of the quality of life within our city," Councilman John Cranley said. "People have a right not to be nuisanced."

The new plan is a way to replace Title X - considered one of the toughest air nuisance codes in the country - which allowed the city to go after businesses that emit odors and harmful fumes into nearby residential neighborhoods. That law was eliminated two years ago, along with the city's Office of Environmental Management, which enforced the law, in a budget crunch.

The new "Cincinnati Clean Air Act" will use Hamilton County's Department of Environmental Services to investigate nuisance complaints within the city. Violations will be forwarded to a newly created position in the city solicitor's office. That person will make a decision on whether to take the case to court.

Previously, the county forwarded the results of its complaint investigations to the Ohio Environmental Protection Agency.

"The OEPA doesn't do enforcement of nuisance complaints unless there is health or property damage," said Karen Arnett, of the Environmental Community Organization, which was involved in drafting the city's plan.

Cory Chadwick, director of the county's Department of Environmental Services, said local enforcement will be an improvement over sending those issues to Columbus.

He said all the other counties in Southwest Ohio have local enforcement of these issues.

"It will help us get the cases completed in a much more timely fashion," Chadwick said.

Officials with the Greater Cincinnati Chamber of Commerce have written a letter opposing the idea because they say such enforcement could drive businesses away.

"We shouldn't have to apologize for enforcing the law," Cranley said. Councilman David Crowley added that he's not aware of the city ever losing a business because of enforcement of Title X.

The idea for the new enforcement plan was actually hatched by a group of law students at the University of Cincinnati.

They were told to find a way to enforce the law without the benefit of the city's Office of Environmental Management, which cost the city about $300,000 a year to keep open.

To file a nuisance complaint, call 946-7777.

Cincinnati's Community Development Committee will discuss the city's proposed Clean Air Act Monday, beginning at 11 a.m. in council chambers. If approved by the committee, the ordinance will be voted on by the full council Wednesday.

E-mail dklepal@enquirer.com