A. 
The purpose of this chapter is to establish minimum requirements for construction and demolition activities and other specified land uses in order to reduce fugitive dust and corresponding PM10 emissions (defined as particulate matter with an aerodynamic diameter of ten microns or less).
B. 
These provisions are supplementary and additional to the grading and zoning regulations of this code and shall be read and construed as an integral part of the regulations and the land development patterns and controls established; thereby, it is the intent of the city council to protect life and property; promote the general welfare; enhance and improve the physical environment of the community; and preserve, subject to economic feasibility, the natural scenic character of the city.
(Ord. 1056 § 2, 2003)
As applied in this chapter. the following words and terms shall be defined as follows:
"Agricultural operations"
mean any operation directly related to the growing of crops, or raising of fowls or animals for the primary purpose of making a livelihood.
"AQMD"
means the South Coast Air Quality Management District and the representatives thereof.
"Average daily traffic (ADT)"
means 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.
"Bulk material"
means all sand, gravel, soil, aggregate and other organic and inorganic particulate matter.
"Chemical dust suppressants"
mean non-toxic chemical and 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.
"Coachella Valley Best Available Control Measures (CV BACM)"
mean methods to prevent or mitigate the emission and/or airborne transport of fugitive dust, as identified in the Coachella Valley Fugitive Dust Control Handbook.
"Coachella Valley Fugitive Dust Control Handbook"
means 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"
mean any on-site activities preparatory to or related to the building, alteration, rehabilitation, or improvement or property, including, but not limited to the following activities; grading, excavation, trenching, loading, vehicular traffic, crushing, blasting, cutting, planting, shaping, breaking, equipment staging/storage areas, weed abatement activities or adding or removing bulk materials from storage piles.
"Demolition activities"
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.
"Disturbed surface area"
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.
"Earth-moving operations"
means the use of any equipment for an activity where soil is being moved, uncovered.
"Finish grade"
means the final grade of the site that conforms to the approved grading plan.
"Fugitive dust"
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 ten microns or less.
"Fugitive dust control plan"
means a document that describes fugitive dust sources at a site and corresponding control measures and is prepared in accordance with the guidance contained in the Coachella Valley fugitive dust control handbook.
"High-wind episode"
means when wind speeds exceed twenty-five miles per hour as measured by:
A. 
The closest AQMD monitoring station;
B. 
A certified meteorological monitoring station; or
C. 
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"
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.
"Paved road"
means an improved street, highway, alley, public way or easement that is covered by roadway materials (e.g., cement, asphalt or asphaltic concrete).
"Physical access restriction"
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.
"Silt"
means any bulk material with a particle size less than seventy-five micrometers in diameter that passes through a Number 200 sieve as determined by the 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"
means the real property on which construction, demolition, or other activities subject to this chapter may occur.
"Stabilized surface"
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.
"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.
"Temporary unpaved parking lots"
mean those used less than twenty-four days per year.
"Unpaved parking lot"
means 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"
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., cement, asphalt, or asphaltic concrete).
(Ord. 1056 § 2, 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 24.12.040(B)(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 that 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 24.12.040(B)(8) shall not apply to:
1. 
Projects that take two weeks or less to complete provided that a long-term stabilization technique(s) identified in Section 24.12.040(C) is/are implemented; and
2. 
Line projects (i.e.. pipelines, cable access lines, etc.).
(Ord. 1056 § 2, 2003)
All performance standards and test methods referenced in this section shall be based on the methodologies included in the Coachella Valley Dust Control Handbook.
A. 
Work Practices—All Fugitive Dust Sources.
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 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.
3. 
Performance Standards and Test Methods. No person subject to the requirements contained in subsection (A)(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.
B. 
Construction and Demolition Activities.
1. 
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 Plan Handbook and approved by the city.
2. 
A complete copy of the approved Fugitive Dust Control Plan must be kept on-site 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:
a. 
Maintaining soils in a damp condition as determined by sight or touch;
b. 
Establishment of stabilized surface through watering; or
c. 
Application of a chemical dust suppressant in sufficient quantities and concentrations to maintain a stabilized surface.
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;
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.
6. 
Any operator shall remove all bulk material track-out from any site access point onto any paved road open to through traffic:
a. 
Within one hour is such material extends for a cumulative distance of greater than twenty-five feet from any access point; and
b. 
At the conclusion of each workday.
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;
b. 
Paved surface extending at least one hundred feet and at least twenty feet wide;
c. 
Wheel shaker/wheel spreading device consisting of raised dividers (rails, pipes, or grates) at least three inches tall and at least six inches apart and twenty feet long; or
d. 
A wheel washing system.
8. 
Any operator required to submit a Fugitive Dust Control Plan under Section 24.12.040(B)(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 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 the site or available on-site within thirty minutes of 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.
10. 
Performance Standards and Test Methods. No operator required to submit a Fugitive Dust Control Plan under subsection (B)(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.
11. 
Exceedance of the visible emissions prohibition in subsection (B)(10) occurring due to a high-wind episode shall constitute a violation of subsection (B)(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;
b. 
The exceedance could not have been prevented by better application, implementation, operation, or maintenance of control measures;
c. 
Appropriate record keeping was compiled and retained in accordance with the requirements in subsection (B)(12) through (B)(15); and
d. 
Documentation of the high-wind episode on the day(s) in question is provided by appropriate records.
12. 
Reporting/Recordkeeping Before Construction. The operator of a project with ten acres or more of earthmoving 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 the AQMD at least twenty-four hours prior to initiating earth-moving operations.
13. 
Reporting/Recordkeeping During Construction. 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.
15. 
Reporting/Recordkeeping After Construction. Any operator subject to the provisions of subsection (B)(12) 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.
C. 
Disturbed Vacant Lands/Weed Abatement Activities.
1. 
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.
2. 
In the event that implementation of subsection (C)(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:
a. 
Apply sufficient water before and during weed abatement activities such that the applicable performance standards are met; and
b. 
Ensure that the affected area is a stabilized surface once weed abatement activities has ceased.
4. 
Performance Standards and Test Methods. No person subject to the provisions of subsections (C)(1) through (C)(3) 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:
a. 
Maintain a stabilized surface; or
b. 
Maintain a threshold friction velocity for disturbed surface areas corrected for non-erodible elements of one hundred centimeters per second or higher.
5. 
Reporting/Recordkeeping. 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 subsections (C)(1) through (C)(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.
D. 
Unpaved Roads.
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 not 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 subsection (D)(4) in accordance with the following treatment schedule:
a. 
One-third of qualifying unpaved road segments within one year of ordinance adoption; and
b. 
Remainder of qualifying unpaved road segments within three years of ordinance adoption. (Note: treatments in excess of annual requirements can apply to future years.)
3. 
Owners of a cumulative distance of more than six miles of private unpaved roads shall stabilize each segment having one hundred fifty or more average daily road 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 subsection (D)(4) within one year of adoption; and
b. 
At least two miles of 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 subsection (D)(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.)
4. 
Performance Standards and Test Methods. Owners of any private unpaved road shall not allow visible fugitive dust emissions to exceed twenty percent opacity, or to extend more than one hundred feet either horizontally or vertically from the origin of a source, and shall either:
a. 
Not allow silt loading to be equal to or greater than 0.33 ounces per square foot; or
b. 
Not allow the silt content to exceed six percent.
5. 
Reporting/Recordkeeping. 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.
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.
E. 
Unpaved Parking Lots.
1. 
Owners of unpaved 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 subsection (E)(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 control suppressants in accordance with the manufacturer's specifications for traffic areas and the performance standards included in subsection (E)(4);
c. 
Apply and maintain washed gravel in accordance with the performance standards included in subsection (E)(4).
3. 
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 subsection (E)(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 greater than five thousand square feet shall implement the disturbed vacant land requirements contained in subsection C during non-parking periods.
4. 
Performance Standards and Test Methods. 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:
a. 
Not allow silt loading to be equal to or greater than 0.33 ounces per square foot; or
b. 
Not allow silt content to exceed eight percent.
5. 
Reporting/Recordkeeping. 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.
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.
F. 
Public or Private Paved Roads.
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 subsection (D)(4) of this section with the following minimum widths:
Average daily trips
Min. shoulder widths
Five hundred to three thousand
four feet
Three thousand one or greater
eight 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 subsection (D)(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 have been closed to vehicular traffic.
(Ord. 1056 § 2, 2003; Ord. 1074 § 2, 2004)
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 24.12.040(B) shall be provided to the city and AQMD representatives immediately upon request.
D. 
All reporting/recordkeeping required by Section 24.12.040(C) through (F) shall be provided to the city and AQMD representatives within twenty-four hours of a written request.
(Ord. 1056 § 2, 2003)
A. 
Violation of, or failure to comply with any section of this ordinance, or any provisions of an approved fugitive dust (PM10) control plan shall be a violation of this chapter. Each day the violation exists shall be deemed a separate offense. Violators shall be guilty of an infraction punishable by a fine, not to exceed one hundred dollars for a first violation and a fine not to exceed four hundred dollars for a second violation within one year. A third violation, or more, within one year shall be prosecuted at a level consistent with a misdemeanor violation. The misdemeanor shall be punishable by a fine of not more than one thousand dollars, or by imprisonment in the County Jail for no more than six months or by both such fine and imprisonment.
B. 
In addition to any other remedy provided by the 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 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 city through agents of the city entering and stabilizing the site of source emissions, and the use of any securities held under this chapter.
(Ord. 1056 § 2, 2003)
A. 
For the purposes of meeting its obligations under this chapter, fees are deemed necessary to review the fugitive dust (PM10) mitigation plan as well as monitor and inspect the project to insure the plan is being carried out by applicant, property owner or designee. The fees shall be set by a resolution of the city council of the city.
B. 
A fugitive dust (PM10) mitigation plan review fee will be due at the time of initial project application submission to the public works department or the building and safety department for demolition projects.
C. 
The city council of the city shall set by resolution, fees for fugitive dust (PM10) mitigation plan review, monitoring and inspection. The city council resolution will distinguish and set two separate fees for the following plan submittals:
1. 
Fugitive dust (PM10) control plan for small-scale construction/demolition projects, less than or equal to five acres.
2. 
Fugitive dust (PM 10) control plan for medium-large scale construction/demolition projects, greater than five acres.
D. 
The city council of the city shall require a bond, a cash certificate of deposit, or an equivalent form approved by the city, in an amount equal to at least two thousand dollars per acre or portion thereof. 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; and shall be easily accessible to the city in order to initiate stabilization measures without a significant delay.
E. 
If a fugitive dust (PM10) mitigation plan is not submitted prior to land alteration or the start of construction work, for those persons required to submit a plan, a late submittal fee of twice the normal plan review, monitoring and inspection, and mitigation fee shall be required.
(Ord. 1056 § 2, 2003)
Neither the adoption of this ordinance codified in this chapter nor the repeal of any other ordinance in which violations were committed prior to the effective date of said ordinance, shall be construed as a waiver of any license, or penalty or the penal provisions application to any violation thereof. The provisions of said ordinance, insofar as they are substantially the same as ordinance provisions previously adopted by the city relating to the same subject matter, shall be construed as restatements and continuations, and shall not be construed as a new enactment unless substantial revisions or provisions are required by said ordinance.
(Ord. 1056 § 2, 2003)
The city clerk shall certify to the passage of the ordinance codified in this chapter, cause it to be entered into the minutes of the city council and cause it to be posted as required by law. Said ordinance shall take effect on the thirtieth day following the date of its adoption.
(Ord. 1056 § 2, 2003)