Odours and their dangers

Did you know that if a company's operation produces a disturbing stench that impairs the quality of life of people living nearby, several pieces of Hungarian legislation allow the authorities to take action?

The exact procedure and the severity of sanctions depend largely on the nature and extent of the pollution and on where the odour source is located.

Legal background

• Environmental Protection Act (Act LIII of 1995 on the general rules of environmental protection): requires business organisations to operate in a way that does not cause unjustified environmental load, including odour nuisance.

• Government Decree on air protection (306/2010 (XII. 23.)): regulates the emission of substances polluting the air, including odour emissions. The Decree states that it is prohibited to pollute the air with odours that disturb the population. In connection with this, it stipulates that activities involving odour emissions must be carried out using the best available technology. If good air quality for the population is still not ensured, further technical requirements may be imposed, such as the use of an odour reduction unit.

• Local municipal regulations: many municipalities have separate rules on odour and noise nuisance, and the public space inspectorate or the local environmental authority may also act against disturbing odours.

The procedure

If a complaint or report is received from residents (e.g. at the municipality, the government office or the public health authority), an investigation may be launched. In such cases, the authority has various options:

• it may carry out an on-site inspection,

• it may measure the odour load (by olfactometric testing),

• it may oblige the company to take technical measures to reduce the odour.

Possible consequences

If it is established that the company's operation causes a serious odour load or impairs the quality of life of local residents, various sanctions may apply.

1.     An order to eliminate the odour and make technological changes.

2.     An environmental fine – if the authority establishes an infringement. Depending on the extent and duration of the nuisance, the amount can range from tens of thousands of forints up to millions.

3.     Restriction or suspension of the activity – if the company fails to comply with the requirements.

4.     Public health measures – if the odour may be harmful to health.

In Hungary, companies whose operations cause odour nuisance may face official obligations, fines and even restrictions on their operation. The environmental and public health authorities act on residents' complaints, and fines can be substantial depending on the circumstances.

The case of a meat processing plant

In one Hungarian town, a meat processing plant caused unpleasant, disturbing odours for local residents over a long period. The official procedure and its consequences were as follows:

• Residents first filed a complaint with the environmental authority.

• The authority sent the plant several warnings, pointing out the need to use more advanced filter systems and odour control processes.

• As the plant failed to comply with these requirements, the authority eventually closed part of the plant.

• The plant was only allowed to reopen after the company had introduced appropriate technical measures (an effective odour control system).

This case clearly shows that, after repeated warnings, the authority may even close part of a plant if it fails to comply with the requirements for reducing odour nuisance.

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