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.
(Ord. 855 § 2 Exh. A,
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 (county) 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 (county), 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.
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.
are 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,
planing, shaping, breaking, equipment staging/storage areas, lawn
scalping or turf over seeding, weed abatement activities or disturbance
of any vegetation, whether living or dead 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 or Construction 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.
means any person, agency, firm or corporation having a legal
possessory or equitable interest in a given real property.
is an improved street, highway, alley, public way, or easement
that is covered by roadway materials (e.g., cement, asphalt or asphaltic
concrete).
means and includes a natural person, joint venture, joint
stock company, partnership, association, club, corporation, business,
trust, organization, or the manager, lessee, agent, servant, officer
or employee of any of them.
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 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.
is the real property on which construction, demolition, or
other activities subject to this chapter 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.
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).
are those used less than twenty-four days per year.
(Ord. 855 § 2 Exh. A,
2003)
All performance standards and test methods referenced in this
chapter shall be based upon the methodologies included in the Coachella
Valley Dust Control Handbook.
(Ord. 855 § 2 Exh. A,
2003)
1.
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.
2.
Any
operator involved in any potential dust-generating activity on a site
shall, at a minimum, operate a water application system as identified
in the Coachella Valley Fugitive Dust Control Handbook and as otherwise
may be determined by the city, if watering is the selected control
measure.
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Performance Standards and Test Methods
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3.
No person subject to the requirements contained in Section 7.01.041(1) 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.
1.
Any
operator applying for a grading permit, demolition permit or 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.
2.
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.
3.
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.
4.
Any
operator involved in earth-moving operations shall implement at least
one of the following short-term stabilization methods during non-working
hours:
5.
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:
a.
Revegetation
that results in seventy-five percent ground coverage, provided that
an active watering system is in place at all times; or
b.
Establishment
of a stabilized surface through watering with physical access restriction
surrounding the area; or
c.
Use
of chemical stabilizers to establish a stabilized surface with physical
access restriction surrounding the area.
7.
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
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):
a.
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
b.
Paved
surface extending at least one hundred feet and at least twenty feet
wide; or
c.
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 and twelve feet wide; or
d.
A
wheel washing system.
8.
Any operator required to submit a Fugitive Dust Control Plan under Section 7.01.042(1) shall install and maintain project contact signage that meets the minimum standards of the Coachella Valley Fugitive Dust Control Handbook, including a twenty-four-hour manned toll-free or local phone number, prior to initiating any type of earth-moving operations.
9.
Any
operator of a project with a disturbed surface area of fifty or more
acres shall have an environmental observer on site within thirty minutes
of the initial contact that:
a.
Is
hired by the property owner or developer; and
b.
Has
dust control as the sole or primary responsibility; and
c.
Has
successfully completed the AQMD Coachella Valley Fugitive Dust Control
Class and has been issued a Certificate of Completion for the class;
and
d.
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.
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Performance Standards and Test Methods
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10.
Notwithstanding any other provision of this chapter, no operator, whether required to submit a Fugitive Dust Control Plan under Section 7.01.042(1) or not, 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.
11.
Exceedance of the visible emissions prohibition in Section 7.01.042(10) occurring due to a high-wind episode shall constitute a violation of Section 7.01.042(10), unless the operator demonstrates to city all the following conditions:
a.
All
Fugitive Dust Control Plan measures or applicable Coachella Valley
Best Available Control Measures were implemented and maintained on
site; and
b.
The
exceedance could not have been prevented by better application, implementation,
operation, or maintenance of control measures; and
c.
Appropriate recordkeeping was complied and retained in accordance with the requirements in Sections 7.01.042(12) through 7.01.042(15); and
d.
Documentation
of the high-wind episode on the day(s) in question is provided by
appropriate records.
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Reporting/Recordkeeping
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Before Construction
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12.
The
operator of a project with ten acres or more of earth-moving operations
shall:
a.
Forward
two copies of a Site-Specific, Stand Alone [8 1/2 by 11 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
b.
Notify
the city's public works director in writing on a form provided by
the city and the AQMD at least twenty-four hours prior to initiating
earth-moving operations.
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During Construction
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13.
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.
14.
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.
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After Construction
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15.
Any operator subject to the provisions of Section 7.01.042(12) shall notify the city's public works director in writing on a form provided by 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. 863, § 2 2004)
1.
Owners
of property with a disturbed surface area greater than five thousand
square feet shall within the time specified by the city in the city's
official notice (not to exceed thirty days) prevent trespass through
physical access restriction as permitted by the city.
2.
In the event that implementation of Section 7.01.043(1) 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:
a.
Uniformly
apply and maintain surface gravel or chemical dust suppressants such
that a stabilized surface is formed; or
b.
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.
3.
Any
operator conducting weed abatement activities on a site that results
in a disturbed surface area of five thousand or more square feet shall:
4.
No person, whether subject to the provisions of Sections 7.01.043(1) through 7.01.043(3) or not, 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:
5.
Within
ninety days of ordinance 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.
6.
Any person subject to the provisions of Sections 7.01.043(1) through 7.01.043(3) 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.
1.
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.
2.
Owners of a cumulative distance of six or less miles of private unpaved roads shall pave each segment having one hundred fifty 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 7.01.044(4) in accordance with the following treatment schedule:
3.
Owners
of a cumulative distance of more than six miles of public unpaved
roads shall stabilize each segment having one hundred fifty or more
average daily trips in accordance with the following treatment schedule:
a.
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 440.4 within one year of the ordinance adoption; and
b.
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 included in Section
440.4 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).
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Performance Standards and Test Methods
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4.
Owners
of any private unpaved road, which includes driveways of one hundred
feet in length or greater, 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:
5.
Within
ninety days of ordinance adoption, owners of private unpaved roads
shall provide to the city and the AQMD the location and ADT estimates
for all unpaved roads.
6.
Owners
of unpaved roads that utilize chemical 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.
1.
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 7.01.045(4).
2.
Owners
of existing private unpaved parking lots shall implement one of the
following control strategies within one hundred eighty days of ordinance
adoption:
a.
Pave;
or
b.
Apply and maintain dust suppressants in accordance with the manufacturer's specifications for traffic areas and the performance standards included in Section 7.01.045(4); or
c.
Apply and maintain washed gravel in accordance with the performance standards included in Section 7.01.045(4).
3.
Owners of private temporary unpaved parking lots or vacant lots being used or having been used for parking purposes (those temporary unpaved parking lots or vacant lots that are used for parking purposes 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 7.01.045(4) 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 or vacant lot being used or having been used for parking purposes greater than five thousand square feet shall implement the disturbed vacant land requirements contained in Section 7.01.043 during non-parking periods.
It shall be unlawful for vehicles to park in any unpaved parking
lots or vacant lots being used or having been used for parking purposes
that fail to comply with the standards set forth in this chapter.
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Performance Standards and Test Methods
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4.
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:
5.
Within
ninety days of ordinance adoption, owners of unpaved parking lots
shall provide in writing to the city and the AQMD the location and
ADT estimates and the size (in square feet) of unpaved parking lots.
6.
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.
1.
Any
owner of paved roads shall construct, or require to be constructed
all new or widened paved roads in accordance with the following standards:
a.
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 440.4 with the
following minimum widths:
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Average Daily Trips
|
Minimum Shoulder Width
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|---|---|
|
500-3,000
|
4 feet
|
|
3,000 or greater
|
8 feet
|
b.
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 7.01.044(4).
2.
Any
owner of public or private paved roads shall remove or cause to be
removed any erosion-caused deposits of 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. 855 § 2 Exh. A,
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 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.
(Ord. 855 § 2 Exh. A,
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 7.01.042(1) 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 7.01.042(8) shall not apply to:
(Ord. 855 § 2 Exh. A,
2003)
A.
A person
violating any section of this chapter or any portion of an approved
Dust Control Plan shall be guilty of an infraction punishable by a
fine of one hundred dollars for a first violation and a fine of four
hundred dollars for a second violation within one year. A third violation,
or more, within one year shall be prosecuted as 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
permit 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 by the city through the use of any securities held
under this chapter.
C.
Any
violation of this chapter shall constitute a public nuisance.
D.
The
remedies set forth in this chapter are in addition to any other remedies
set forth in the Rancho Mirage Municipal Code or otherwise provided
by law.
(Ord. 855 § 2 Exh. A,
2003)
To the extent any regulations in the Rancho Mirage Municipal
Code impose greater restrictions upon the activities regulated by
this chapter, the more restrictive regulations shall govern.
(Ord. 855 § 2 Exh. A,
2003)
