The purpose of this Chapter is to establish minimum requirements
for construction and demolition activities and other specified sources
in order to reduce man-made fugitive dust and the corresponding PM10
emissions.
For the purpose of this Chapter, the following definitions are
applicable:
are any operation directly related to the growing of crops,
or raising of fowls or animals for the primary purpose of making a
livelihood.
is the South Coast Air Quality Management District and the
representatives thereof.
is the number of motor vehicles that traverse a given unpaved
or paved surface during a specified 24-hour period. ADT levels are
calculated as the average daily volume over a specified 48-hour period
as determined by the City in consultation with the AQMD.
is all sand, gravel, soil, aggregate and other organic and
inorganic particulate matter.
are non-toxic chemical soil binders that are not prohibited
for use by the City, the California Regional Water Quality Control
Board, the California Air Resources Board, the U.S. Environmental
Protection Agency (U.S. EPA), or any other law, rule or regulation,
used to reduce dust on disturbed surfaces.
means methods to prevent or mitigate the emission and/or
airborne transport of fugitive dust, as identified in the Coachella
Valley Fugitive Dust Control Handbook.
means a reference document approved by the AQMD that includes
a description of fugitive dust control measures, guidance for preparation
of Fugitive Dust Control Plans, notification forms, signage provisions,
and test methods.
means any on-site activities preparatory to or related to
the building, alteration, rehabilitation, or improvement of property,
including, but not limited to the following activities: grading, excavation,
trenching, loading, vehicular travel, crushing, blasting, cutting,
planning, shaping, breaking, equipment staging/storage areas, weed
abatement activities or adding or removing bulk materials from storage
piles.
means the wrecking or taking out of any load-supporting structural
member of a structure or building and related handling operations
or the intentional burning of any structure or building.
means any portion of the earth's surface (or material
placed thereupon) that has been physically moved, uncovered, destabilized,
or otherwise modified from its undisturbed native condition (including
vehicular disturbances) thereby increasing the potential for the emission
of fugitive dust. This definition does not include land that has been
restored to a native condition, such that the vegetative ground cover
and soil characteristics are equal to surrounding native conditions.
are the use of any equipment for an activity where soil is
being moved or uncovered.
means the final grade of the site that conforms to the approved
grading plan.
means any solid particulate matter that becomes airborne,
other than that emitted from an exhaust stack, directly or indirectly
as a result of human activities. PM10 is a subset of fugitive dust
and is defined as particulate matter with an aerodynamic diameter
of 10 microns or less.
means a document that describes fugitive dust sources at
a site and the corresponding control measures and is prepared in accordance
with the guidance contained in the Coachella Valley Fugitive Dust
Control Handbook.
means when wind speeds exceed 25 miles per hour as measured
by: the closest AQMD monitoring station, or a certified meteorological
monitoring station, or an on-site wind monitor calibrated and operated
on-site in accordance with the manufacturer's specifications
with a data logger or strip chart.
means any person who owns, leases, operates, controls, or
supervises any potential fugitive dust generating operation subject
to the requirements of this Chapter. This definition includes any
person who has been officially designated by a property owner as the
person responsible for fugitive dust control at a site, as indicated
in an approved Fugitive Dust Control Plan.
means an improved street, highway, alley, public way, or
easement that is covered by roadway materials (e.g., concrete, asphalt
or asphaltic concrete)
means any barrier, including but not limited to: curbs, fences,
gates, posts with fencing, shrubs, trees, or other measures that are
effective in preventing vehicular and off-highway vehicle (OHV) use
of a specified site.
means any bulk material with a particle size less than 75
micrometers in diameter that passes through a Number 200 sieve as
determined by American Society of Testing and Materials (ASTM) Test
Method C 136 or any other test method approved by the U.S. EPA and
AQMD.
means the real property on which construction, demolition,
or other activities subject to this Chapter may occur.
means any portion of land that meets the minimum standards
as established by the applicable test method contained in the Coachella
Valley Fugitive Dust Control Handbook.
is any accumulation of bulk material with a height of three
feet or more and a total surface area of 300 or more square feet.
means an area utilized for parking vehicles and associated
vehicle maneuvering that is not covered with roadway materials (e.g.,
concrete, asphalt or asphaltic concrete).
means any service roads, internal access roads, heavy and
light duty equipment paths and other roadways which are not covered
by typical roadway materials (e.g., concrete, asphalt, asphaltic concrete).
means those used less than 24 days per year.
All performance standards and test methods referenced in this
Chapter shall be based on the methodologies included in the Coachella
Valley Fugitive Dust Control Handbook, on file with the City Clerk's
Office and the Public Works Department.
(a)
No
operator shall conduct any potential dust-generating activity on a
site unless the operator utilizes one or more Coachella Valley Best
Available Control Measures, as identified in the Coachella Valley
Fugitive Dust Control Handbook for each fugitive dust source such
that the applicable performance standards are met.
(b)
Any
operator involved in any potential dust-generating activity on a site
with a disturbed surface area greater than one acre shall, at a minimum,
operate a water application system as identified in the Coachella
Valley Fugitive Dust Control Handbook, if watering is the selected
control measure.
(c)
No person subject to the requirements contained in Section 8.20.410(a) shall cause or allow visible fugitive dust emissions to exceed 20% opacity, or extend more than 100 feet either horizontally or vertically from the origin of a source, or cross any property line.
(a)
Any operator applying for a grading
permit, or a building permit for an activity with a disturbed surface
area of more than 5,000 square feet, shall not initiate any earth-moving
operations unless a Fugitive Dust Control Plan has been prepared pursuant
to the provisions of the Coachella Valley Fugitive Dust Control Handbook
and approved by the City.
(1)
Fugitive Dust Control Applications and Fugitive Dust Control Plans
shall be filed with the Public Works Department, together with all
fees, plans, maps, and any other information required by the Public
Works Director or designee.
(2)
Any operator requesting approval by the City of a Fugitive Dust Control
Plan shall first deposit with the City a cash deposit or a Performance
Bond guaranteeing compliance with said plan. Amount of said deposit
shall be in an amount equal to at least $2,000 per acre for projects
with more than 5,000 square feet of disturbed surfaces. Such funds
shall be in an amount sufficient to completely stabilize all disturbed
areas in the event that the operator fails to adequately control dust,
or abandons the site in lieu of mitigating fugitive dust problems.
Said site shall be easily accessible to the City in order to initiate
stabilization measures without a significant delay.
(3)
City's Right to Enter Property. Approval of a Fugitive Dust
Control Plan will permit the City to enter the subject property to
verify and ensure that the requirements of said plan are being implemented.
(b)
A
complete copy of the approved Fugitive Dust Control Plan must be kept
on site in a conspicuous place at all times and provided to the City
and AQMD upon request.
(c)
Any
operator involved in demolition activities shall comply with AQMD
Rule 1403 (Asbestos Emissions from Demolition/Renovation Activities)
requirements, and the requirements of Title 40, Part 61 of the code
of Federal Regulations.
(d)
Any
operator involved in earth-moving operations shall implement at least
one of the following short-term stabilization methods during non-working
hours:
(e)
Within
10 days of ceasing activity, an operator shall implement at least
one of the following long-term stabilization techniques for any disturbed
surface area where construction activities are not scheduled to occur
for at least 30 days:
1.
Revegetation
that results in 75% ground coverage provided that an active watering
system is in place at all times; or
2.
Establishment
of a stabilized surface through watering with physical access restriction
surrounding the area; or
3.
Use
of chemical stabilizers to establish a stabilized surface with physical
access restriction surrounding the area.
(g)
Any
operator of a project with a disturbed surface area of five or more
acres or of any project that involves the import or export of at least
100 cubic yards of bulk material per day shall install and maintain
at least one of the following control measures at the intersection
of each site entrance and any paved road open to through traffic with
all vehicles exiting the site routed over the selected device(s):
1.
Pad
consisting of minimum one inch washed gravel maintained in a clean
condition to a depth of at least six inches and extending at least
30 feet wide and at least 50 feet long; or
2.
Paved
surface extending at least 100 feet and at least 20 feet wide; or
3.
Wheel
shaker/wheel spreading device consisting of raised dividers (rails,
pipe, or grates) at least three inches tall and at least six inches
apart and 20 feet long; or
4.
A
wheel washing system that conforms to all local, County, State, and
Federal regulations.
(h)
Any operator required to submit a Fugitive Dust Control Plan under Section 8.20.420(a) shall install and maintain project contact signage that meets the minimum standards of the City of Indian Wells Standard Plan for Dust Control Signs, including a 24-hour manned toll-free or local phone number, prior to initiating any type of earth-moving operations.
(i)
Any
operator of a project with a disturbed surface area of 50 or more
acres shall have an Environmental Observer on the site or available
on-site within 30 minutes of initial contact that:
1.
Is
hired by the property owner or developer; and
2.
Has
dust control as the sole or primary responsibility; and
3.
Has
successfully completed the AQMD Coachella Valley Fugitive Dust Control
Class and has been issued a Certificate of Completion for the class;
and
4.
Is
identified in the approved Fugitive Dust Control Plan as having the
authority to immediately employ sufficient dust mitigation 24-hours
per day, seven days a week and to ensure compliance with this ordinance,
the approved Fugitive Dust Control Plan, and AQMD regulations.
(j)
No operator required to submit a Fugitive Dust Control Plan under Section 8.20.420(a) shall cause or allow visible fugitive dust emissions to exceed 20% opacity, or extend more than 100 feet either horizontally or vertically from the origin of a source, or cross any property line.
(k)
Exceedance of the visible emissions prohibition in Section 8.20.420(j) occurring due to a high-wind episode shall constitute a violation of Section 8.20.420(j), unless the operator demonstrates to City all the following conditions:
1.
All
Fugitive Dust Control Plan measures or applicable Coachella Valley
Best Available Control Measures were implemented and maintained on
site; and
2.
The
exceedance could not have been prevented by better application, implementation,
operation, or maintenance of control measures; and
3.
Appropriate recordkeeping was complied and retained in accordance with the requirements in Section 8.20.420(l) through 8.20.420(o); and
4.
Documentation
of the high-wind episode on the day(s) in question is provided by
appropriate records.
(l)
The
operator of a project with 10 acres or more of earth-moving operations
shall:
1.
Forward
two copies of a Site-Specific, Stand Alone [8½ by 11 inch]
Fugitive Dust Control Plan to the AQMD within 10 days after approval
by the City. [Note: A separate AQMD approval will not be issued];
and
2.
Notify
the City and the AQMD at least 24-hours prior to initiating earth-moving
operations.
(m)
Any
operator involved in earth-moving operations shall compile, and maintain
for a period of not less than three years, daily self-inspection recordkeeping
forms in accordance with the guidelines contained in the Coachella
Valley Fugitive Dust Control Handbook.
(n)
Any
operator involved in earth-moving operations that utilizes chemical
dust suppressants for dust control on a site shall compile records
indicating the type of product applied, vendor name, and the method,
frequency, concentration, quantity and date(s) of application and
shall retain such records for a period of not less than three years.
(o)
Any operator subject to the provisions of Section 8.20.420(l) shall notify the City and the AQMD within 10 days of the establishment of the finish grade or at the conclusion of the finished grading inspection.
(a)
Owners
of property with a disturbed surface area greater than 5,000 square
feet shall within 30 days of receiving official notice by the City
prevent trespass through physical access restriction as permitted
by the City.
(b)
In the event that implementation of Section 8.20.430(a) is not effective in establishing a stabilized surface within 45 days of restricting access, the owner shall implement at least one of the following long term stabilization techniques within an additional 15 days, unless the City has determined that the land has been restabilized:
1.
Uniformly
apply and maintain surface gravel or chemical dust suppressants such
that a stabilized surface is formed; or
2.
Begin
restoring disturbed surfaces such that the vegetative cover and soil
characteristics are similar to adjacent or nearby undisturbed native
conditions. Such restoration control measure(s) must be maintained
and reapplied, if necessary, such that a stabilized surface is formed
within eight months of the initial application.
(c)
Any
operator conducting weed abatement activities on a site that results
in a disturbed surface area of 5,000 or more square feet shall:
(d)
No person subject to the provisions of Sections 8.20.430(a) through 8.20.430(c) shall cause or allow visible fugitive dust emissions to exceed 20% opacity, or extend more than 100 feet either horizontally or vertically from a source, or cross any property line, and shall either:
(e)
Within
90 days of ordinance adoption, operators of property with disturbed
surface area of 5,000 or more square feet shall notify the City of
the location of such lands and provide owner contact information.
(f)
Any person subject to the provisions of Sections 8.20.430(a) through 8.20.430(c) shall compile, and retain for a period of not less than three years, records indicating the name and contact person of all firms contracted with for dust mitigation, listing of dust control implements used on-site, and invoices from dust suppressant contractors/vendors.
(a)
Owners
of private unpaved roads with average daily traffic levels between
20 and 150 vehicles must take measures (signage or speed control devices)
to reduce vehicular speeds to no more than 15 miles per hour.
(b)
Owners of a cumulative distance of six or less miles of private unpaved roads shall pave each segment having 150 or more average daily trips or, alternatively apply and maintain chemical dust suppressants in accordance with the manufacturer's specifications for a travel surface and the performance standards included in Section 8.20.440(d) in accordance with the following treatment schedule:
(c)
Owners
of a cumulative distance of more than six (6) miles of private unpaved
roads shall stabilize each segment having one hundred fifty (150)
or more average daily trips in accordance with the following treatment
schedule:
1.
At least two (2) miles paved or four (4) miles stabilized with chemical dust suppressants in accordance with the manufacturer's specifications for a travel surface and the performance standards established in Section 8.20.440(d) within one year of the ordinance adoption; and
2.
At least two (2) miles paved or four (4) miles stabilized with chemical dust suppressants in accordance with the manufacturer's specifications for a travel surface and the performance standards included in Section 8.20.440(d) in accordance with the following treatment schedule annually thereafter until all qualifying unpaved roads have been stabilized. (Note: treatments in excess of annual requirements can apply to future years).
(d)
Owners
of any private unpaved road shall not allow visible fugitive dust
emissions to exceed twenty (20) percent opacity, or extend more than
one hundred (100) feet either horizontally or vertically from the
origin of a source, and shall either:
(e)
Within
ninety (90) days of ordinance adoption, owners of unpaved roads shall
pro-vide to the City and the AQMD the location and ADT estimates for
all unpaved roads.
(f)
Owners
of unpaved roads that utilize chemical dust suppressants shall compile,
and retain for a period of not less than three (3) years, records
indicating the type of product applied, vendor name, and the method,
frequency, concentration, quantity and date(s) of application.
(a)
Owners of parking lots established subsequent to ordinance adoption are required to pave such areas, or alternatively apply and maintain chemical dust suppressants in accordance with the manufacturer's specifications for traffic areas and the performance standards included in Section 8.20.450(d)
(b)
Owners
of existing private unpaved parking lots shall implement one of the
following control strategies within one hundred eighty (180) days
of ordinance adoption:
1.
Pave;
or
2.
Apply and maintain dust suppressants in accordance with the manufacturer's specifications for traffic areas and the performance standards included in Section 8.20.450(d); or
3.
Apply and maintain washed gravel in accordance with the performance standards included in Section 8.20.450(d)
(c)
Owners of private temporary unpaved parking lots (those that are used twenty-four (24) days or less per year) shall apply and maintain chemical dust suppressants in accordance with the manufacturer's specifications for traffic areas and the performance standards included in Section 8.20.450(d) prior to any twenty-four (24)-hour period when more than forty (40) vehicles are expected to enter and park. The owner of any temporary unpaved parking lot greater than five thousand (5,000) square feet shall implement the disturbed vacant land requirements contained in Section 8.20.430 during non-parking periods.
(d)
The
operator of any private unpaved parking lot shall not allow visible
fugitive dust emissions to exceed twenty (20) percent opacity, or
extend more than one hundred (100) feet either horizontally or vertically
from the origin of a source, and shall either:
(e)
Within
ninety (90) days of ordinance adoption, owners of unpaved parking
lots shall provide to the City and the AQMD the location and ADT estimates
and the size (in square feet) of unpaved parking lots.
(f)
Owners
of unpaved parking lots that utilize chemical dust suppressants or
apply gravel shall compile, and retain for a period of not less than
three (3) years, records indicating the type of product applied, vendor
name, and the method, frequency, concentration, quantity and date(s)
of application.
(a)
Any
owner of paved roads shall construct, or require to be constructed
all new or widened paved roads in accordance with the following standards:
1.
Curbing in accordance with the American Association of State Highway and Transportation Officials guidelines or as an alternative, road shoulders paved or treated with chemical dust suppressants or washed gravel in accordance with the performance standards included in Section 8.20.440(d) with the following minimum widths:
|
Average Daily Trips
|
Minimum Shoulder Width
|
|---|---|
|
500 - 3,000
|
4 feet
|
|
3,000 or greater
|
8 feet
|
2.
Paved medians or as an alternative, medians surrounded by curbing and treated with landscaping, chemical dust suppressants, or washed gravel applied and maintained in accordance with the performance standards included in Section 8.20.440(d)
(b)
Any
owner of private paved roads shall remove or cause to be removed any
erosion-caused deposits of greater than two thousand five hundred
(2,500) square feet within twenty-four (24)-hours after receiving
notice by the City or the AQMD or prior to resumption of traffic where
the paved area has been closed to vehicular traffic.
(a)
Any
operator preparing a Fugitive Dust Control Plan shall complete the
AQMD Coachella Valley Fugitive Dust Control Class and maintain a current
valid Certificate of Completion.
(b)
At
least one representative of each construction or demolition general
contractor and subcontractor responsible for earth-movement operations
shall complete the AQMD Coachella Valley Fugitive Dust Control Class
and maintain a current valid Certificate of Completion.
(a)
The
provisions of this Chapter shall not apply to:
1.
Agricultural
operations including on-field sources and unpaved roads used solely
for agricultural operations.
2.
Any
dust-generating activity where necessary fugitive dust preventive
or mitigative actions are in conflict with either Federal or State
Endangered Species Act provisions as determined in writing by the
appropriate federal or State agency.
3.
Any
action required or authorized to implement emergency operations that
are officially declared by the City to ensure the public health and
safety.
(b)
The provisions of Section 8.20.420(a) shall not apply to any construction or demolition activity meeting any of the following activity levels or requirements:
1.
The
activity is occurring entirely within an enclosed structure from which
no visible airborne particulate matter escapes; or
2.
Activities
that do not require issuance of a grading permit or those that require
a building permit provided that the project results in five thousand
(5,000) or less square feet of soil disturbance.
(c)
The provisions of Section 8.20.420(h) shall not apply to:
(a)
A
person violating any section of this ordinance or with any portion
of an approved Dust Control Plan is guilty of an infraction punishable
by a fine of not more than one hundred dollars ($100.00) for a first
violation and a fine not exceeding four hundred dollars ($400.00)
for a second violation within one year. A third violation, or more,
within one year shall each be prosecuted at a level consistent with
a misdemeanor violation.
(b)
In
addition to any other remedy provided by law, failure to correct any
condition indicated in a notice of violation within one hour of issuance
will allow the City to initiate one or more of the following actions
where appropriate:
1.
Criminal
proceedings;
2.
Civil
proceedings to obtain an injunction, or any other relief against the
owner or operator to stop operations at the site;
3.
Refusal
to issue future permits and/or release of securities held until owner
or operator has adequately demonstrated compliance with the notice
of violation;
4.
Correction
of the condition by the City through the use of any securities held
under this Chapter.
If any provision of this Chapter, section, subsection or clause,
or the application thereof to any person or circumstance shall be
deemed unconstitutional or otherwise invalid, the remaining chapter,
section, subsection and clauses and application of such provision(s)
to other persons or circumstances shall not be affected.
(Ord. 89 § 2, 1973; Ord. 104 § 1, 1974; Ord. 313 § 1, 1993; Ord. 446 § 3, 1999; Ord. 531 § 1, 2003; Ord. 545 §
2, 2003)
