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 corresponding PM10 emissions.
(Ord. 1639 § 1, 2003)
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 twenty-four-hour period. ADT levels
are calculated as the average daily volume over a specified forty-eight
hour period as determined by the city in consultation with the AQMD.
is all the 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 regulations,
used to reduce dust on disturbed surfaces.
means the city of Palm Springs or its authorized representative.
are methods to prevent or mitigate the emission and/or airborne
transport of fugitive dust, as identified in the Coachella Valley
Fugitive Dust Control Handbook.
is the most recently approved reference document 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.
are 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.
is 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.
is the final grade of the site that conforms to the approved
grading plan.
is 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 ten
microns or less.
is 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.
is when wind speeds exceed twenty-five miles per hour as
measured by:
is 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.
is an improved street, highway, alley, public way, or easement
that is covered by a roadway materials (e.g., cement, asphalt or asphaltic
concrete).
is 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.
is any bulk material with a particle size less than seventy-five
micrometers in diameter that passes through a Number two hundred 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.
is the real property on which construction, demolition, or
other activities subject to this ordinance may occur.
is 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 three hundred or more square
feet.
are those used less than twenty-four days per year.
is an area utilized for parking vehicles and associated vehicle
maneuvering that is not covered with roadway materials (e.g. cement,
asphalt or asphaltic concrete).
is 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., cement, asphalt, asphaltic concrete).
(Ord. 1639 § 1, 2003)
All performance standards and test methods referenced in this
ordinance shall be based on the methodologies included in the Coachella
Valley Dust Control Handbook.
(Ord. 1639 § 1, 2003)
(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.
Performance Standards and Test Methods.
(c)
No person subject to the requirements contained in Section 8.50.021(a) shall cause or allow visible fugitive dust emissions to exceed twenty percent opacity, or extend more than one hundred feet either horizontally or vertically from the origin of a source, or cross any property line.
(Ord. 1639 § 1, 2003)
(a)
Any
operator applying for a grading permit or a building permit for an
activity with a disturbed surface area of more than five thousand
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.
(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
ten 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 thirty days:
(1)
Re-vegetation that results in seventy-five percent 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.
(f)
Any
operator shall remove all bulk material track-out from any site access
point onto any paved road open to through traffic:
(g)
Any
operator of a project with a disturbed surface area of five or more
acres of any project that involves the import or export of at least
one hundred 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 thirty feet wide and at least fifty feet long; or
(2)
Paved surface extending at least one hundred feet and at least twenty
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 twenty feet long; or
(4)
A wheel washing system.
(h)
Any operator required to submit a fugitive dust control plan under Section 8.50.022(a) shall install and maintain project contract signage that meets the minimum standards of the Coachella Valley Fugitive Dust Control Handbook, including a twenty-four manned toll-free or local phone number, prior to initiating any type of earth-moving operations. Said operator shall also be required to post a bond, cash deposit or equivalent in a form approved by the city at a rate of two thousand dollars per disturbed acre or portion thereof. Such bond or deposit shall be conditioned for and limited to expenditure by the city in such increments as may be determined to be necessary to pay for emergency dust control measures deemed necessary by the city in the event of discovery of a sand or dust condition having developed and in the event effective remedial measures by operator are not forthcoming in a timely manner. Where the city must draw on the bond or deposit as provided herein, the operator shall replenish or replace same, upon demand, to the original amount. The cash or bond shall be returned to operator once the sources of the fugitive dust have been eliminated.
(i)
Any
operator of a project with a disturbed surface area of fifty or more
acres shall have an environmental observer on the site or available
on-site within thirty 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 of the
class; and
(4)
Is identified in the approved fugitive dust control plan as having
the authority to immediately employ sufficient dust mitigation twenty-four
hours per day, seven days a week and to ensure compliance with this
chapter, the approved fugitive dust control plan, and AQMD regulations.
Performance Standards and Test Methods.
(j)
No operator required to submit a fugitive dust control plan under Section 8.50.022(a) shall cause or allow visible fugitive dust emissions to exceed twenty percent opacity, or extend more than one hundred 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 8.50.022(a) occurring due to a high-wind episode shall constitute a violation of Section 8.50.022(a), 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 implements 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 8.50.022(l) through 8.50.022(o); and
(4)
Documentation of the high-wind episode on the day(s) in question
is provided by appropriate records.
Reporting/Recordkeeping Before Construction.
(l)
The
operator of a project with ten acres or more of earth-moving operations
shall:
(1)
Forward two copies of a site-specific, stand alone (eight and half
by eleven inch) fugitive dust control plan to the AQMD within ten
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 twenty-four hours prior to
initiating earth-moving operations.
During Construction.
(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, concentrations, quantity and date(s) of application and
shall retain such records for a period of not less than three years.
After Construction.
(o)
Any operator subject to the provisions of Section 8.50.022(l) shall notify the city and the AQMD within ten days of the establishment of the finish grade or at the conclusion of the finished grading inspection.
(Ord. 1639 § 1, 2003)
(a)
Owners
of property with a disturbed surface area greater than five thousand
square feet shall within thirty 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 8.50.023(a) is not effective in establishing a stabilized surface within forty-five days of restricting access, the owner shall implement at least one of the following long term stabilization techniques within an additional fifteen 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 measures(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 five thousand or more square feet shall:
(d)
No person subject to the provisions of Sections 8.50.023(a) through 8.50.023(c) shall cause or allow visible fugitive dust emissions to exceed twenty percent opacity, or extend more than one hundred feet either horizontally or vertically from a source, or cross any property line, and shall either:
(e)
Within
ninety days of chapter adoption, operators of property with disturbed
surface area of five thousand 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 Section 8.50.023(a) through 8.50.023(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 use on-site, and invoices from dust suppressant contractors/vendors.
(Ord. 1639 § 1, 2003)
(a)
Owners
of private unpaved roads with average daily traffic levels between
twenty and one hundred fifty vehicles must take measures (signage
or speed control devices) to reduce vehicular speeds to no more than
fifteen miles per hour.
(b)
Owners of a cumulative distance of six or less miles of private unpaved roads shall pave each segment having one hundred and fifty or more average daily trips or, alternatively apply and maintain dust suppressants in accordance with the manufacturer's specifications for a travel surface and the performance standards included in Section 8.50.024(d) in accordance with the following treatment schedule:
(c)
Owners
of a cumulative distance of more than six miles of private unpaved
roads shall stabilize each segment having one hundred and fifty or
more average daily trips in accordance with the following treatment
schedule:
(1)
At least two miles paved or four miles stabilized with chemical dust suppressants in accordance with the manufacturer's specifications for a travel surface and the performance standards established in Section 8.50.024(d) within one year of the ordinance adoption; and
(2)
At least two miles paved or four miles stabilized with dust suppressants in accordance with the manufacturer's specifications for a travel surface and the performance standards included in Section 8.50.024(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).
Performance Standards and Test Methods.
(d)
Owners
of any private unpaved road shall not allow vehicle fugitive dust
emissions to exceed twenty percent opacity, or extend more than one
hundred feet either horizontally or vertically from the origin of
a source, and shall either:
(e)
Within
ninety days of ordinance adoption, owners of unpaved roads shall provide
to the city and the AQMD the location and ADT estimates for all unpaved
roads.
(f)
Owners
of unpaved roads that utilize dust suppressants shall compile, and
retain for a period of not less than three years, records indicating
the type of product applied, vendor name, and the method, frequency,
concentration, quantity and date(s) of application.
(Ord. 1639 § 1, 2003)
(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 8.50.025(d).
(b)
Owners
of existing private unpaved parking lots shall implement one of the
following control strategies within one hundred and eighty days of
ordinance adoption:
(1)
Pave; or
(2)
Apply and maintain dust suppressants in accordance with the manufacturer's specifications for traffic area and the performance standards included in Section 8.50.024(d).
(3)
Apply and maintain washed gravel in accordance with the performance standards included in Section 8.50.025(d).
(c)
Owners of private temporary unpaved parking lots (those that are used twenty-four 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 8.50.024(d) prior to any twenty-four hour period when more than forty vehicles are expected to enter and park. The owner of any temporary unpaved parking lot greater than five thousand square feet shall implement the disturbed vacant land requirements in Section 8.50.023 during non-parking periods.
Performance Standards and Test Methods.
(d)
The
operator of any private unpaved parking lot shall not allow visible
fugitive dust emissions to exceed twenty percent opacity, or extend
more than one hundred feet either horizontally or vertically from
the origin of a source, and shall either:
(e)
Within
ninety 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 years, records indicating the type of product applied, vendor
name, and the method, frequency, concentration, quantity and date(s)
of application.
(Ord. 1639 § 1, 2003)
(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 dust suppressants or washed gravel
in accordance with the performance standards included in Section 8.50.24(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, dust suppressants, or washed gravel applied and maintained in accordance with the performance standards included in Section 8.50.024(d).
(b)
Any
owner of public or private paved roads shall remove or cause to be
removed any erosion-caused deposits greater than two thousand five
hundred square feet within twenty-four-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.
(Ord. 1639 § 1, 2003)
(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 competition.
(b)
At
least one on-site 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 competition.
(Ord. 1639 § 1, 2003)
(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 8.50.022(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 or less square feet of soil disturbance.
(c)
The provisions of Section 8.50.022(h) shall not apply to:
(Ord. 1639 § 1, 2003)
(a)
A person violating any section of this chapter or any portion of an approved dust control plan is guilty of an infraction and subject to a fine as specified in Section 1.01.155 of the Municipal Code. The third, and any additional violation, shall constitute a misdemeanor. Any person guilty of a misdemeanor shall be subject to a fine not more than one thousand dollars and/or imprisonment for no more than six months. Each day that the violation exists shall be deemed a separate offense.
(b)
In
addition to any other remedy provided by law, the 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 the owner or operator has adequately demonstrated compliance
with the notice of violation.
(4)
Correction of the condition of the city through the use of any securities
held under this chapter.
(Ord. 1639 § 1, 2003)
