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.
(Prior code § 150.115)
For the purpose of this chapter, the following definitions are
applicable:
means any operation directly related to the growing of crops,
or raising of fowls or animals for the primary purpose of making a
livelihood.
means 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 (County) in consultation with the AQMD.
means all sand, gravel, soil, aggregate and other organic
and inorganic particulate matter.
means nontoxic 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.
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 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.
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 groundcover
and soil characteristics are equal to surrounding native conditions.
means the use of any equipment for an activity where soil
is being moved, 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 ten 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 (2003).
is when wind speeds exceed 25 miles per hour as measured
by:
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., cement, 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 (2003).
means 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.,
cement, 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., cement, asphalt, asphaltic concrete).
means those used less than 24 days per year.
(Prior code § 150.116)
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.
(Prior code § 150.117)
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.
B.
Performance Standards and Test Methods. No person subject to the requirements contained in subsection A of this section shall cause or allow visible fugitive dust emissions to exceed 20 percent opacity, or extend more than 100 feet either horizontally or vertically from the origin of a source, or cross any property line.
(Prior code § 150.118)
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 (2003) and approved by the City.
B.
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.
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 nonworking
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 30 days:
1.
Re-vegetation
that results in 75 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.
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.
H.
Any operator required to submit a fugitive dust control plan under subsection A of this section shall install and maintain project contact signage that meets the minimum standards of the Coachella Valley Fugitive Dust Control Handbook, 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 on-site environmental observer 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 chapter,
the approved fugitive dust control plan, and AQMD regulations.
J.
Performance
Standards and Test Methods.
1.
No operator required to submit a fugitive dust control plan under subsection A of this section shall cause or allow visible fugitive dust emissions to exceed 20 percent opacity, or extend more than 100 feet either horizontally or vertically from the origin of a source, or cross any property line.
2.
Exceedance of the visible emissions prohibition in subsection (J)(1) of this section occurring due to a high-wind episode shall constitute a violation of subsection (J)(1) of this section, unless the operator demonstrates to the 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 subsection K of this section; and
d.
Documentation of the high-wind episode on the day(s) in question
is provided by appropriate records.
K.
Reporting/Recordkeeping.
1.
Before
Construction. 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 (County) and the AQMD at least 24-hours prior to
initiating earth-moving operations.
2.
During
Construction.
a.
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 (2003).
b.
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.
(Prior code § 150.119)
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 subsection A of this section 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.
Performance Standards and Test Methods. No person subject to the provisions of subsections A through C of this section shall cause or allow visible fugitive dust emissions to exceed 20 percent opacity, or extend more than 100 feet either horizontally or vertically from a source, or cross any property line, and shall either:
E.
Reporting/Recordkeeping.
1.
Within
90 days of adoption of the ordinance codified in this chapter, 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.
2.
Any person subject to the provisions of subsections A through C of this section 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.
(Prior code § 150.120)
A.
Owners
of public or 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 public or 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 subsection D of this section in accordance with the following treatment schedule:
C.
Owners
of a cumulative distance of more than six miles of public or private
unpaved roads shall stabilize each segment having 150 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 subsection D of this section within one year of the ordinance adoption; and
2.
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 subsection D of this section 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.
Performance
Standards and Test Methods. Owners of any public or private unpaved
road shall not allow visible fugitive dust emissions to exceed 20
percent opacity, or extend more than 100 feet either horizontally
or vertically from the origin of a source, and shall either:
E.
Reporting/Recordkeeping.
1.
Within
90 days of adoption of the ordinance codified in this chapter, owners
of unpaved roads shall provide to the City and the AQMD the location
and ADT estimates for all unpaved roads.
2.
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.
(Prior code § 150.121)
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 subsection D of this section.
B.
Owners
of existing public or private unpaved parking lots shall implement
one of the following control strategies within 180 days of adoption
of the ordinance codified in this chapter:
C.
Owners of public or private temporary unpaved parking lots (those that are used 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 subsection D of this section prior to any 24-hour period when more than 40 vehicles are expected to enter and park. The owner of any temporary unpaved parking lot greater than 5,000 square feet shall implement the disturbed vacant land requirements contained in Section 15.84.060 during nonparking periods.
D.
Performance
Standards and Test Methods. The operator of any public or private
unpaved parking lot shall not allow visible fugitive dust emissions
to exceed 20 percent opacity, or extend more than 100 feet either
horizontally or vertically from the origin of a source, and shall
either:
E.
Reporting/Recordkeeping.
1.
Within
90 days of adoption of the ordinance codified in this chapter, 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.
2.
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.
(Prior code § 150.122)
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 15.84.080(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 15.84.070(D).
B.
Any
owner of public or private paved roads shall remove or cause to be
removed any erosioncaused deposits of greater than 2,500 square feet
within 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.
(Prior code § 150.123)
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.
(Prior code § 150.124)
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 (County) to ensure the public
health and safety.
B.
The provisions of Section 15.84.060(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 5,000 or less
square feet of soil disturbance.
C.
The
provisions of Section 15.84.060(H) 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 15.84.060(E) are implemented; and
2.
Line
projects (i.e., pipelines, cable access lines, etc.).
(Prior code § 150.125)
Violation of, or failure to comply with any provisions of an
approved fugitive dust control plan shall be a violation of this chapter.
(Prior code § 150.126)
A.
Any
person who violates this chapter shall be guilty of a misdemeanor
and subject to a fine of not more than $1,000, or by imprisonment
in the County Jail for no more than six months, or by both such fine
and imprisonment. Each day that the violation exists shall be deemed
a separate offense.
B.
In
addition to any other remedy provided by law, failure to correct any
condition in the notice of violation within 24 hours of issuance will
permit the City to initiate one or more of the following actions where
appropriate:
1.
Civil
proceedings to obtain an injunction or other relief against the owner/permittee.
2.
Refusal
to issue future permits and/or to release of securities held until
the owner/permittee has adequately demonstrated compliance with the
notice of violation.
3.
Correction
of the condition by the City through the use of any securities held
under this chapter.
(Prior code § 150.127)
