To protect the health, safety and general welfare, all construction sites must make all reasonable efforts to prevent or control blowing dust and debris. Property owners shall be responsible for maintaining their property in such a manner that dust and other wind-borne debris transported to adjacent properties are kept to reasonable minimal levels. In the case of site grading and other construction operations, it will also be the responsibility of the permittee to make all reasonable efforts to control blowing dust and debris onto adjacent properties. When grading operations involve the hauling of dirt from one site to another, it is also the permittee's responsibility to maintain the public streets in a clean condition and limit any spillage which would generate dust or other blowing debris.
(Ord. 13-8 § 4 (Exh. A), 6/11/2013)
A. 
Required. A dust prevention and control plan shall be submitted in conjunction with a grading plan or other plan involving the movement of dirt. The City Engineer may also require the submittal of a dust prevention and control plan for other development deemed necessary.
B. 
Plan. The plan shall demonstrate that the discharge of dust from the construction site will not occur or can be controlled to an acceptable level depending on the particular site conditions and circumstances. The plan shall address site conditions during construction operations, after normal working hours and during various phases of construction. The plan shall include the name and the twenty-four (24) hour phone number of a responsible party in case of emergency. If the importing or exporting of dirt is necessary as demonstrated by the cut and fill quantities on the grading plan, the plan shall also include the procedures necessary to keep the public streets and private properties along the haul route free of dirt, dust and other debris. When an entire project is to be graded and the subsequent construction on the site is to be completed in phases, the portion of the site not under construction shall be treated with dust preventive substance or plant materials and an irrigation system. All phased projects shall submit a plan demonstrating that dust will not be generated from future phase areas.
C. 
Plan Review. The City Engineer shall be responsible for the review and approval of the dust prevention and control plan. This plan shall be incorporated into the grading plan and constructive notice shall be placed on the grading plan to notify the owner and contractors of the need to comply with the dust prevention and control plan.
D. 
Dust Control Compliance Statement. A dust control compliance statement form must be completed and signed by the property owner.
(Ord. 13-8 § 4 (Exh. A), 6/11/2013)
A. 
Site Investigation. If an investigation of the project site indicates that dust prevention and control measures are inadequate, the City Engineer or his authorized representative may limit or halt all activities on the site until adequate dust prevention and control measures are achieved. The City Engineer may charge the property owner and/or contractor for reasonable costs related to providing the necessary site inspections to determine the adequacy of the dust control plan.
B. 
Notice of Inadequate Prevention and Control Measures. If it is determined that a property is in violation of Section 17.89.010 (Dust Prevention and Control Provisions), the property owner and/or contractor will have two (2) hours to bring the site into compliance. If, after two (2) hours, the site is not brought into compliance or an extension of time has not been granted by the City Engineer, the Building Official may, at any time thereafter, determine the site to be substandard property and give written notice of said violation. As substandard property, the site will be subject to all the provisions of the Building Code and Municipal Code as adopted by the City. Thereupon, the City Engineer may enter the property for the purposes of installing, by City forces or by other means, adequate dust prevention and control measures (the cost of which shall be borne by the property owner), or the City Engineer may cause the owner of the site to be prosecuted as a violator of this code, or the City Engineer may take both actions.
C. 
Responsibility for Adequate Dust Prevention and Control. The approval of a dust prevention and control plan does not relieve the owner or contractors of the responsibility to implement whatever additional measures may be required to properly prevent and control dust as outlined in Section 17.89.010 (Dust Prevention and Control Provisions).
(Ord. 13-8 § 4 (Exh. A), 6/11/2013)
The dust prevention and control plan and any additional measures that may be necessary for the adequate prevention and control of dust shall not be in violation of the NPDES stormwater regulations as adopted by the City.
(Ord. 13-8 § 4 (Exh. A), 6/11/2013)