One kind of pollution that people do not often think about is called odor pollution. You have a right to an environment that smells good. And if a neighbor, be it a business or residential neighbor, creates an odor that extends beyond its property line, forcing you to continuously smell it, you have a right to relief.

Usually, an isolated odor is not actionable - in other words, you usually can't sue the offender for a single smelly incident. But ongoing odors may be another story.

What are examples of odors that can be offensive to residential neighborhoods? What about communities that reside near sewage treatment facilities? In the old days, sewage treatment facilities were built relatively far from where people lived so that they did not have to put up with the odor. But in many parts of this country, where there is dense construction and habitation, no remote place exits to locate these kinds of facilities. So, people are now more prone to have to confront these unpleasantries.

And also, what about noxious industries? Some industries use smokestacks as part of their method of eliminating industrial waste. Suppose, for example, people live near a fragrance company and have to smell vanilla or strawberry. For some people, that might not be such a bad thing, but other people may not like this and may feel that they are entitled to enjoy their property without noxious interference from their neighbors.

Since the time that we were ruled by the British there has existed a doctrine of nuisance. Under this doctrine, people have a right to use and enjoy their property without unreasonable interference, such as a bad smell, from others. The doctrine is as viable today as ever.

In the last fifty years or so, many municipalities, as well as county governments and even state governments, have passed odor laws. Often, the law is something like 'it is illegal to produce an odor which extends beyond your property line.' Of course, you need to look at your specific law or ordinance to find out exactly what the level of regulation is in your locale.

And as society becomes increasingly more industrialized, and as people move closer and closer together with the onslaught of track housing, odor issues are becoming more prevalent.

People that reside in rural areas have their own kind of odor problems. Odors relating to animal waste management have been a problem for some time. And many states have laws relating to odors from animal waste management.

Recently, a published report indicated that a dairy located in Idaho received a notice of violation from the Idaho State Department of Agriculture because neighbors complained that it was producing odors. A law that became effective this past July gave the Department of Agriculture the right to regulate odors that are in excess of those odors normally associated with acceptable agricultural practices. Thus, the standard is a loose one: what is acceptable for the particular agricultural practice in question (such as dairy farming).

Composting facilities and landfill operations are also frequent sources of odor complaints. As organic debris rots in composting facilities, the facilities can produce noxious odors that often disturb neighbors. Proper composting management is very important to avoid these problems. In a recent New Jersey case, nearby residents not only complained of the odors relating to a composting facility, but they also claimed that they became ill as a result of the odors and filed a lawsuit relating to the composting facility's operation.

Landfills must use daily dirt cover to avoid odor problems. Landfills contain rotting debris, which can cause substantial odor problems. In addition, they produce methane gas, which not only produces odors, but also can be explosive if not properly controlled.

The bottom line is that people have a right to live in their communities without being exposed to noxious odors. While a discrete single event should not upset anybody, continuous offensive smells are something that nobody should ever have to put up with. If this happens to you, start first by being nice. Often, simple dialogue is enough to make the problem go away.

But if that does not work, than you need to explore legal remedies. The law may support you. In this regard, a statute of limitations might apply. So, if you feel that something smells, look to obtain relief promptly so that you do not lose your legal rights.

A little odor won't hurt any of us. But on-going bad smells should not have to be tolerated.

The information provided in this column is written by Stuart Lieberman,a practicing environmental attorney, and is for general information purposes only. It is not legal advice and should not be used in place of legal advice.

Stuart Lieberman, Esq., and IRED.Com, Inc., will not accept any responsibilty for any reliance on the information in this column or any damages whatsoever resulting from reading this column.