[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. DUST PALLIATIVE FUGITIVE PARTICULATE MATTER or FUGITIVE DUST PERSON ROADS AND STREETS USED OIL WASTE OIL
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:
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").
Solid airborne particulate matter emitted from any source other than a flue or stack.
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.
Any paved or unpaved public or private roadways, including racetracks and parking areas.
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.
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 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.