The company located next to my house won't stop spraying paint fumes.
April 30, 2013 9:02 AM Subscribe
The company located next my house sprays noxious paint fumes into the air and my yard. Despite years of trying to get them to stop, they haven't. What are the next steps to take?
My significant other and I have been renting a house for several years that we love. It's wonderful. The rent is cheap, the place is beautiful, and we don't want to move. However, there is one big thing that sucks, and that is our neighbor. Our house is next to an industrial-zoned area, and one of our closest neighbors (a couple lots away) is a company that creates industrial metal products (don't want to get too specific in case we pursue legal action.) Every day, including on the weekends, they spray paint outdoors. You can hear the paint sprayers, but the issue is the constant presence of paint fumes. We can't use our yard because it stinks like paint. We can't open the windows in our home on the side that faces their building. We are afraid to plant food in our garden. We're worried about our health.
We looked up our city's zoning code, and it clearly states in several places that a company in an industrial zone like theirs cannot create fumes or any sort of health hazard that affects nearby residents. A few years ago, we had the city investigate, and they found that the company was violating city code in many ways. However, since then, every time I ask the city for an update, there is always some song and dance about how they are "working on it" and I don't get much more than that. In the meantime, the paint spraying continues.
We tried to be neighborly and approached the company, but we didn't get much more than a shrug and a "sorry, it's our business" type of response. I also called the county last year and had them come out to do an air inspection. They inspected and their response was that the company was technically under the legal level of air toxins/emissions/whatever, but the inspector also leveled with me and was like yeah, it's probably not good to be breathing that in. I also approached our landlord (who lives out of town), and while he was kind of like "yeah, that's bad", he's pretty hands-off and I'm not sure I can get him to get gung-ho on this issue.
I'm so frustrated. We're not in a situation right now where we want to move - it would be a huge pain in the butt and an unneeded financial hit. As I said, everything else about the house is amazing. What would you do in my situation? Should we hire a lawyer? Or should we just suck it up and get an air filter and never open our windows again?
My significant other and I have been renting a house for several years that we love. It's wonderful. The rent is cheap, the place is beautiful, and we don't want to move. However, there is one big thing that sucks, and that is our neighbor. Our house is next to an industrial-zoned area, and one of our closest neighbors (a couple lots away) is a company that creates industrial metal products (don't want to get too specific in case we pursue legal action.) Every day, including on the weekends, they spray paint outdoors. You can hear the paint sprayers, but the issue is the constant presence of paint fumes. We can't use our yard because it stinks like paint. We can't open the windows in our home on the side that faces their building. We are afraid to plant food in our garden. We're worried about our health.
We looked up our city's zoning code, and it clearly states in several places that a company in an industrial zone like theirs cannot create fumes or any sort of health hazard that affects nearby residents. A few years ago, we had the city investigate, and they found that the company was violating city code in many ways. However, since then, every time I ask the city for an update, there is always some song and dance about how they are "working on it" and I don't get much more than that. In the meantime, the paint spraying continues.
We tried to be neighborly and approached the company, but we didn't get much more than a shrug and a "sorry, it's our business" type of response. I also called the county last year and had them come out to do an air inspection. They inspected and their response was that the company was technically under the legal level of air toxins/emissions/whatever, but the inspector also leveled with me and was like yeah, it's probably not good to be breathing that in. I also approached our landlord (who lives out of town), and while he was kind of like "yeah, that's bad", he's pretty hands-off and I'm not sure I can get him to get gung-ho on this issue.
I'm so frustrated. We're not in a situation right now where we want to move - it would be a huge pain in the butt and an unneeded financial hit. As I said, everything else about the house is amazing. What would you do in my situation? Should we hire a lawyer? Or should we just suck it up and get an air filter and never open our windows again?
Is there a block association or neighborhood group in your area? Are your other neighbors concerned about these fumes? There is usually more power in approaching the city as a group of concerned citizens than there is as an individual.
You can try asking your landlord for a decrease in rent for the rest of your lease term, and then use that savings to move when it is more economically feasible. The reason your rent is so low for an otherwise attractive property is likely the industrial zoning and a history of complaints from previous tenants. (I'm not sure how you would go about looking up a potential history of such complaints in your area, but it would be a good piece of information to have if you plan to renegotiate your rent.)
posted by elizardbits at 9:17 AM on April 30, 2013
You can try asking your landlord for a decrease in rent for the rest of your lease term, and then use that savings to move when it is more economically feasible. The reason your rent is so low for an otherwise attractive property is likely the industrial zoning and a history of complaints from previous tenants. (I'm not sure how you would go about looking up a potential history of such complaints in your area, but it would be a good piece of information to have if you plan to renegotiate your rent.)
posted by elizardbits at 9:17 AM on April 30, 2013
Sometimes bringing stuff like this to the attention of a local news channel/paper can expedite the "working on it" issue.
posted by backwards guitar at 9:19 AM on April 30, 2013 [5 favorites]
posted by backwards guitar at 9:19 AM on April 30, 2013 [5 favorites]
You might check to see if the EPA environmental violation report form has categories for your complaints. Might find that the feds have different levels, or that you get an inspector who's willing to let the VOC sensor sit for long enough to register hazardous levels.
posted by straw at 9:27 AM on April 30, 2013
posted by straw at 9:27 AM on April 30, 2013
The city said they were breaking code, but the county says they're below the limit. Could you explain this? Was the city talking about other aspects of building/zoning code (in which case they're under the local air limit, and I don't see how a lawyer could help unless the federal limit is stricter)? Or do the city and the county disagree about whether there is legally a problem with the air quality?
posted by caek at 9:34 AM on April 30, 2013
posted by caek at 9:34 AM on April 30, 2013
If your city officials aren't making any progress, you can also escalate this to your state rep and/or state senator - most of them are always looking for some good press, especially around election time.
Also, reach out to the media, as backwards guitar mentioned above. A little public shaming can go a long way towards making things happen when needed.
posted by deliciae at 9:35 AM on April 30, 2013 [1 favorite]
Also, reach out to the media, as backwards guitar mentioned above. A little public shaming can go a long way towards making things happen when needed.
posted by deliciae at 9:35 AM on April 30, 2013 [1 favorite]
Have you tried to contact your local city representative or council person? They can light a fire under the right city department.
posted by tman99 at 9:57 AM on April 30, 2013 [1 favorite]
posted by tman99 at 9:57 AM on April 30, 2013 [1 favorite]
A few years ago, we had the city investigate, and they found that the company was violating city code in many ways. However, since then, every time I ask the city for an update, there is always some song and dance about how they are "working on it" and I don't get much more than that
State/local congresscritter or a alderman type person is where you should escalate to next. Do you have a copy of the investigation from the city?
posted by kellyblah at 9:57 AM on April 30, 2013 [2 favorites]
State/local congresscritter or a alderman type person is where you should escalate to next. Do you have a copy of the investigation from the city?
posted by kellyblah at 9:57 AM on April 30, 2013 [2 favorites]
I am not saying you should just suck it up, especially if they are really breaking some code or zoning ordinance, but it's worth articulating what your optimal outcome here is.
Is it that they reduce/stop spraying paint? Is there any way for them to feasibly do that without themselves moving or closing their business? I think you're going to have an uphill battle if the choice for the local government officials is "shut down a taxpaying business to make one couple happy" vs. "muddle along and do nothing."
I think the advice here about how to best escalate this to higher levels of local/state govt is good, but please think about the possible outcomes before you decide to go ahead.
posted by Wretch729 at 10:08 AM on April 30, 2013
Is it that they reduce/stop spraying paint? Is there any way for them to feasibly do that without themselves moving or closing their business? I think you're going to have an uphill battle if the choice for the local government officials is "shut down a taxpaying business to make one couple happy" vs. "muddle along and do nothing."
I think the advice here about how to best escalate this to higher levels of local/state govt is good, but please think about the possible outcomes before you decide to go ahead.
posted by Wretch729 at 10:08 AM on April 30, 2013
If spray painting is a normal part of their business then they should have a proper paint booth. They should not be spraying outside.
posted by tman99 at 10:15 AM on April 30, 2013 [10 favorites]
posted by tman99 at 10:15 AM on April 30, 2013 [10 favorites]
So a lot of this depends on where you are. Some states (and towns) value jobs more highly than environmental compliance, even if the laws/regulations are technically on the books. Unfortunately, if your state isn't known for environmental compliance, this may be a tough one to get enforced.
In general, assuming you are in the US, I would suggest calling the air quality or hazardous materials compliance group with your state level environmental department. (Normally I'd suggest the county or the city, but you're already tried that.) Talk to whoever picks up and explain your situation, and ask where you should go next. They will have much more specific information for your situation.
Calling a local elected official is a good idea. Reporting to the EPA is probably not that useful; it won't hurt your cause, but really this isn't the kind of thing EPA does. I'd stick to the local and state level.
Also, if you have tried only Code/Building/Zoning at the local level, it might be worth calling the Fire Department or Fire Prevention as well -- they may not have done an inspection recently. You could also try calling the state labor board -- if they're exposing you to this, they probably aren't using respirators etc. to protect their workers.
In terms of whether this is something the company *can* fix, which has been brought up above: It sounds like the local code calls for a paint booth (very, very common) which would solve the problem. Paint booths are expensive, but not like totally crazy. It's a reasonable thing for them to get to comply with local code.
On a more depressing note, if you're on the fence about moving, it might be worth considering that there are other types of exposure you may be facing by living near an industrial zone -- heavy metals in soils and solvents in groundwater causing vapor intrusion being two of the common ones.
posted by pie ninja at 10:58 AM on April 30, 2013 [3 favorites]
In general, assuming you are in the US, I would suggest calling the air quality or hazardous materials compliance group with your state level environmental department. (Normally I'd suggest the county or the city, but you're already tried that.) Talk to whoever picks up and explain your situation, and ask where you should go next. They will have much more specific information for your situation.
Calling a local elected official is a good idea. Reporting to the EPA is probably not that useful; it won't hurt your cause, but really this isn't the kind of thing EPA does. I'd stick to the local and state level.
Also, if you have tried only Code/Building/Zoning at the local level, it might be worth calling the Fire Department or Fire Prevention as well -- they may not have done an inspection recently. You could also try calling the state labor board -- if they're exposing you to this, they probably aren't using respirators etc. to protect their workers.
In terms of whether this is something the company *can* fix, which has been brought up above: It sounds like the local code calls for a paint booth (very, very common) which would solve the problem. Paint booths are expensive, but not like totally crazy. It's a reasonable thing for them to get to comply with local code.
On a more depressing note, if you're on the fence about moving, it might be worth considering that there are other types of exposure you may be facing by living near an industrial zone -- heavy metals in soils and solvents in groundwater causing vapor intrusion being two of the common ones.
posted by pie ninja at 10:58 AM on April 30, 2013 [3 favorites]
My first thought was "I guess you know why the rent is cheap!" Some good ideas here, but I think you have to decide how much your health is worth -- this sounds like a very bad long-term exposure problem, and I wouldn't want to put up with it even as long as you have.
posted by acm at 1:08 PM on April 30, 2013 [1 favorite]
posted by acm at 1:08 PM on April 30, 2013 [1 favorite]
Seconding the advice to contact your local elected officials- Mayor/city manager, city council, county supervisor, state legislators and your member of Congress. Write a letter, documenting what you have done and who you have spoken with and when.
In my town my city council meetings have a time for public comment- you can go and have three minutes to talk to them about it, and while they won't be able to give you any answers on the spot you will have a chance to be heard. Where I live those meetings are on streamed live on the internet and also available for viewing later, so your comments become part of the public record. You may want to take some of that into account if you are considering legal action, but it does help you get the attention of your local elected officials.
There are organizations working for environmental justice that may be able to help you. The NRDC has a listing, you may be able to find one for your area on that list or searching Google focused on your location.
posted by ambrosia at 1:16 PM on April 30, 2013
In my town my city council meetings have a time for public comment- you can go and have three minutes to talk to them about it, and while they won't be able to give you any answers on the spot you will have a chance to be heard. Where I live those meetings are on streamed live on the internet and also available for viewing later, so your comments become part of the public record. You may want to take some of that into account if you are considering legal action, but it does help you get the attention of your local elected officials.
There are organizations working for environmental justice that may be able to help you. The NRDC has a listing, you may be able to find one for your area on that list or searching Google focused on your location.
posted by ambrosia at 1:16 PM on April 30, 2013
A few years ago, we had the city investigate, and they found that the company was violating city code in many ways. However, since then, every time I ask the city for an update, there is always some song and dance about how they are "working on it" and I don't get much more than that.
Seconding the suggestion to bring this up at the next town meeting or zoning board meeting; it's a lot easier for them to blow off your concerns when you're not on the public record.
If that doesn't get you anywhere, gather documentation on exactly how they're in violation of city code, when they've been notified about it (by both you and by the city) and their responses, and request a written description from the zoning board (or whoever you've been talking to in the city government) of what "working on it" has consisted of. Then give all of that documentation to a good lawyer.
posted by ook at 1:22 PM on April 30, 2013
Seconding the suggestion to bring this up at the next town meeting or zoning board meeting; it's a lot easier for them to blow off your concerns when you're not on the public record.
If that doesn't get you anywhere, gather documentation on exactly how they're in violation of city code, when they've been notified about it (by both you and by the city) and their responses, and request a written description from the zoning board (or whoever you've been talking to in the city government) of what "working on it" has consisted of. Then give all of that documentation to a good lawyer.
posted by ook at 1:22 PM on April 30, 2013
In a similar situation we were in, the zoning officer would make noises such as, "we're working on it", but nothing serious ever happened. An email to the mayor later, the zoning officer and several state enforcement guys turned up and gave the offenders thirty minutes to sort it out. I asked the mayor what changed, and he said, "the zoning officer was waiting for proof - and I told him your email was proof - but your phone calls weren't." Whether the email constituted proof or not is immaterial - getting the right person (the mayor) to press the right button is the object. Always go to the elected representative.
posted by blue_wardrobe at 2:03 PM on April 30, 2013 [1 favorite]
posted by blue_wardrobe at 2:03 PM on April 30, 2013 [1 favorite]
I used to live in a similar situation, except instead of paint fumes it was constant noise from a panelbeaters.
This is why your rent is cheap. It was the reason mine was a good 30% cheaper than the rest of the area.
You can try and fight this, but if that business has been there paying taxes and employing people for any significant amount of time, odds are good that fuckall is going to change, no matter how much you complain.
It's worth noting too that if the county has said they're under the legal emissions limit, but that the city says they have violations, it may well be that the violations in question have nothing to do with your paint fumes and may relate to other health and safety issues. Even if it does get resolved with the city, you may still be looking at a fumey future.
Best bet's to move. It's what I wound up having to do.
posted by Jilder at 2:39 PM on April 30, 2013
This is why your rent is cheap. It was the reason mine was a good 30% cheaper than the rest of the area.
You can try and fight this, but if that business has been there paying taxes and employing people for any significant amount of time, odds are good that fuckall is going to change, no matter how much you complain.
It's worth noting too that if the county has said they're under the legal emissions limit, but that the city says they have violations, it may well be that the violations in question have nothing to do with your paint fumes and may relate to other health and safety issues. Even if it does get resolved with the city, you may still be looking at a fumey future.
Best bet's to move. It's what I wound up having to do.
posted by Jilder at 2:39 PM on April 30, 2013
This thread is closed to new comments.
Press the city, perhaps make an appointment and go to City Hall and speak face to face with a human. See what it's going to take. They may not ever do anything meaningful about it.
If this company is violating a code, then it needs to stop. If they aren't, there isn't a whole lot you can do except suck it up.
Is the trade off worth it to you? At what point do you say, "I'm done, this is too much," or do you say, "I'll live with it."
One thing I would do is find out what they're using and if there are any toxins or fumes that you need to be aware of.
posted by Ruthless Bunny at 9:09 AM on April 30, 2013