[Ord. No. 1030, 3/3/2022]
This Part shall be known and may be cited as the "Town of Bloomsburg
Fugitive Dust Control Ordinance."
[Ord. No. 1030, 3/3/2022]
1. The following words, terms, and phrases, when used in this Part,
unless the context clearly indicates otherwise, shall have the following
meanings ascribed to them:
DUST PALLIATIVE
A substance used to abate the dispersion of particulate matter
into the air. Dust palliatives for use on roads and other surfaces
may be water or other substances approved by the Pennsylvania Department
of Transportation ("PennDOT") and the Department of Environmental
Protection ("DEP").
PERSON
Any individual, public or private corporation for profit
or not for profit, association, partnership, firm, trust, estate,
department, board, bureau or agency of the commonwealth or the federal
government, political subdivision, municipality, district, authority,
or any other legal entity whatsoever which is recognized by law as
the subject of rights and duties.
ROADS AND STREETS
Any paved or unpaved public or private roadways, including
racetracks and parking areas.
USED OIL
A petroleum-based or synthetic oil which is used in an internal
combustion engine as an engine lubricant, or as a product for lubricating
motor vehicle transmissions, gears, or axles which, through use, storage,
or handling has become unsuitable for its original purpose due to
the presence of chemical or physical impurities or loss of original
properties.
WASTE OIL
Oil refined from crude oil or synthetically produced, used,
and as a result of the use, contaminated by physical or chemical impurities.
The term includes used oil or oil whose original purpose has been
completed and which is directed to a disposal or processing facility
or is otherwise disposed.
[Ord. No. 1030, 3/3/2022]
1. A person responsible for any of the following activities or sources
of fugitive air contaminants shall take all reasonable actions to
prevent particulate matter from becoming airborne:
A. Construction or demolition of buildings or structures.
B. Construction, grading, paving, and maintenance of roads and streets.
C. Use of roads and streets.
E. Stockpiling of materials.
2. A person shall not permit fugitive particulate matter to:
A. Be emitted into the outdoor atmosphere from a source listed in Subsection
1 if the emissions are visible at the point the emissions pass outside the person's property; or
B. Adversely affect any other person, their property, or their reasonable
enjoyment of their property.
[Ord. No. 1030, 3/3/2022]
1. A person responsible for any source specified in §
10-403 shall take all reasonable actions to prevent particulate matter from becoming airborne. These actions include, but are not limited to, the following:
A. Use, where possible, of water or approved dust palliatives for control
of dust in the demolition of buildings or structures, construction
operations, the grading or use of roads or streets, or the clearing
of land. The dust palliative used must be one which is approved by
PennDOT and by the DEP. The method of application must be one which
is approved by PennDOT and by the DEP. The use of waste oil as a dust
palliative is prohibited.
B. Application of asphalt, water, or approved dust palliatives on dirt
roads, racetracks, material stockpiles, and other surfaces which may
give rise to airborne dusts. The dust palliative used must be one
which is approved by PennDOT and by the DEP. The method of application
must be one which is approved by PennDOT and by the DEP. The use of
waste oil as a dust palliative is prohibited.
C. Paving and maintenance of roadways.
D. Immediate removal of earth or other material from paved streets onto
which earth or other material has been transported by trucking or
earthmoving equipment, erosion by water, or other means.
2. Dust Control Plan. If a person is responsible for emitting fugitive dust into the outdoor atmosphere from a source listed in §
10-403, Subsection
1, then such person shall, upon request of the Town, submit a fugitive dust control plan to the Town Code Enforcement Officer outlining the mitigation measures that will be undertaken to prevent fugitive dust from becoming airborne and escaping the property.
[Ord. No. 1030, 3/3/2022]
The requirements of this Part do not apply to fugitive dust
emissions arising from the production of agricultural commodities
in their unmanufactured state on the premises of the farm operation
or to Town or public utility authorized maintenance and cleaning activities.
[Ord. No. 1030, 3/3/2022]
1. The Town's Code Enforcement Officer shall have the power and duty
to enforce the provisions of this Part.
2. The Code Enforcement Officer may issue such orders as are necessary
to aid in the enforcement of the provisions of this Part. These orders
shall include, but shall not be limited to: orders requiring persons
to cease unlawful activities or cease operation of a fugitive dust
source which, in the course of its operation, is in violation of any
provision of this Part; orders to take corrective action or to abate
a public nuisance; orders requiring the testing, sampling, or monitoring
of any fugitive dust source; or orders requiring production of information.
Such an order may be issued if the Code Enforcement Officer finds
that any condition existing in or on the facility or source involved
is causing or contributing to fugitive dust or if the Code Enforcement
Officer finds that any person is in violation of any provision of
this Part.
3. The Code Enforcement Officer may, in its order, require compliance
with such conditions as are necessary to prevent or abate fugitive
dust emissions or effect the purposes of this Part.
4. An order issued under this section shall take effect upon notice,
unless the order specifies otherwise. The order may be appealed to
the Code Appeal Board within 10 days of such order. An appeal to the
Code Appeal Board of the Code Enforcement Officer order shall not
act as a supersedeas; provided, however, that, upon application and
for good cause shown, the Code Appeal Board may issue such a supersedeas.
5. The authority of the Code Enforcement Officer to issue an order under
this section is in addition to any remedy or penalty which may be
imposed pursuant to this Part. The failure to comply with any such
order is hereby declared to be a public nuisance and a violation of
this Part.
[Ord. No. 1030, 3/3/2022]
1. Any person who violates any provision of this Part or any order of
the Code Enforcement Officer issued pursuant to this Part commits
a summary offense and shall, upon conviction, be sentenced to pay
a fine of not more than $2,500. The Code Enforcement officer shall
be authorized to issue or file citations for summary violations under
this Part, and the Town's Attorney is hereby authorized to prosecute
these offenses. For purposes of this section, a summary offense may
be prosecuted before any Magisterial District Justice in the Town.
2. In addition, the Town may institute injunctive or any other appropriate
action or proceeding at law or in equity for the enforcement of this
Part. Any court of competent jurisdiction shall have the right to
issue restraining orders, temporary or permanent injunctions, mandamus,
or other appropriate forms of remedy or relief.