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:
"Agricultural operations"
are any operation directly related to the growing of crops,
or raising of fowls or animals for the primary purpose of making a
livelihood.
"AQMD"
is the South Coast Air Quality Management District and the
representatives thereof.
"Average daily traffic (ADT)"
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.
"Bulk material"
is all sand, gravel, soil, aggregate and other organic and
inorganic particulate matter.
"Chemical dust suppressants"
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.
"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.
"Construction activities"
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.
"Demolition activities"
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.
"Disturbed surface area"
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.
"Finish grade"
is the final grade of the site that conforms to the approved
grading plan.
"Fugitive dust"
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.
"Fugitive dust control plan"
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.
"High-wind episode"
is when wind speeds exceed twenty-five miles per hour as
measured by:
1.
The closest AQMD monitoring station; or
2.
A certified meteorological monitoring station; or
3.
An on-site wind monitor calibrated and operated on-site in accordance
with the manufacturer's specifications with a data logger or strip
chart.
"Operator"
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.
"Owner"
means any person, agency, firm or corporation having a legal
possessory or equitable interest in a given real property.
"Paved road"
is an improved street, highway, alley, public way, or easement
that is covered by roadway materials (e.g., cement, asphalt or asphaltic
concrete).
"Person"
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.
"Physical access restriction"
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.
"Silt"
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.
"Site"
is the real property on which construction, demolition, or
other activities subject to this chapter may occur.
"Stabilized surface"
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.
"Storage pile"
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.
"Unpaved parking lot"
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).
"Unpaved road"
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. 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. 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:
Average Daily Trips
|
Minimum Shoulder Width
|
---|
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.
C. All reporting/recordkeeping required by Section
7.01.042 shall be provided to the city and AQMD representatives immediately upon request.
D. All reporting/recordkeeping required by Section
7.01.043 through Section
7.01.046 shall be provided to the city and AQMD representatives within twenty-four hours of a written request.
(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:
1. Projects that takes two weeks or less to complete provided that a long-term stabilization technique(s) identified in Section
7.01.043 are implemented; and
2. Line
projects (i.e., pipelines, cable access lines, etc.).
(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:
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)