For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
DISTURBED SURFACE AREA. A portion of the earth’s surface (or material placed thereupon) which has been physically moved, uncovered, destabilized, or otherwise modified from its undisturbed native condition.
DUST CONTROL IMPLEMENT. A tool, machine, equipment, accessory, structure, enclosure, cover, material, or supply, including an adequate readily available supply of water and its associated distribution/delivery system, used to control fugitive dust emissions.
DUST CONTROL PLAN. A written plan describing all control measures.
DUST GENERATING OPERATION. Any activity capable of generating fugitive dust, including but not limited to, land clearing, earthmoving, weed abatement by discing or blading, excavating, construction, demolition, material handling, storage and/or transporting operations, vehicle use and movement, the operation of any outdoor equipment, or unpaved parking lots. For the purpose of this code, basic (not including trenching, grading, or any other mechanized activity) landscaping maintenance and/or playing on a ball field shall not be considered a DUST GENERATING OPERATION.
DUST SUPPRESSANT. Water, hygroscopic material, solution of water and chemical surfactant, foam. Non-toxic chemical stabilizer or any other dust palliative, which is not prohibited for ground surface application by the U.S. Environmental Protection Agency (EPA) or the Arizona Department of Environmental Quality (ADEQ) or any applicable law, rule, or regulation as a treatment material for reducing fugitive dust emissions.
FUGITIVE DUST. The particulate matter, which is not collected by a capture system, which is entrained in the ambient air, and which is caused from human and/or natural activities, such as but not limited to, movement of soil, vehicles, equipment, blasting, and wind.
INTERMITTENT SOURCE. A fugitive dust generating operation and/or activity that lasts for a duration of less than six consecutive minutes.
MOTOR VEHICLE. A self-propelled vehicle for use on the public roads and highways of the City of El Mirage and required to be registered under the Arizona State Uniform Motor Vehicle Act, including any non-motorized attachments, such as but not limited to, trailers or other conveyances which are connected to or propelled by the actual motorized portion of the vehicle.
OFF-ROAD VEHICLE. Any self propelled conveyance specifically designed for off-road use, including but not limited to, off-road or all-terrain equipment, trucks, cars, motorcycles, motorbikes, or motor buggies.
OPEN AREAS AND VACANT LOTS. Any of the following:
(1) An unsubdivided or undeveloped tract of land adjoining a developed or a partially developed residential, industrial, institutional, governmental, or a commercial area;
(2) A subdivided residential, industrial, institutional, governmental, or commercial lot, which contains no approved or permitted buildings or structures of a temporary or permanent nature;
(3) A partially developed residential, industrial, institutional, governmental, or commercial lot;
(4) A tract of land, in the non-attainment area, adjoining agricultural property;
(5) Vacant portions of residential or commercial lots that are immediately adjacent and owned and/or operated by the same individual or entity are considered one vacant open area or vacant lot; and/or
(6) Does not include any site that has been issued a county dust control permit.
OWNER AND/OR OPERATOR. Any person who owns, leases, operates, controls, or supervises a dust generating operation subject to the requirements of this chapter.
PAVE. To apply and maintain asphalt, concrete, or other similar material to a roadway surface (i.e. asphaltic concrete, concrete pavement, chip seal, or rubberized asphalt).
PUBLIC ROADWAYS. Any roadways that are open to public travel.
SILT. Any aggregate material with a particle size of less than 75 micrometers in diameter which passes through a No. 200 sieve.
UNPAVED HAUL/ACCESS ROAD. Any on-site unpaved road used by commercial, industrial, institutional, or governmental travel.
UNPAVED PARKING LOT. Any area (other than residential with four or fewer units) larger than 5,000 square feet that is not paved and that is used for parking, maneuvering, or the storing of motor vehicles and residential areas of 3,000 square feet or more with four or fewer units.
UNPAVED ROAD. Any road or equipment path that is not paved and used exclusively for the purpose of travel by motor vehicle.
(Prior Code, § 23-1-2) (Ord. O08-03-03, passed 3-13-2008)