(A) The City’s Public Works Department shall implement and maintain a plan for the stabilization of city-owned unpaved roads, alleys, and the unpaved shoulders on all arterial roads with the use of approved dust suppressants. An inventory shall be taken and routinely updated to identify unpaved rights-of-way, haul/access roads, roadways (designated or otherwise), shoulders, and alleys for treatment.
(B) The following criteria shall be considered for prioritizing the dust control measures:
(1) Traffic volume. Roads with greater traffic volume have a higher potential for dust emissions from the road surface and shoulders based upon direct tire action as well as vehicular wake effects. Consistent with A.R.S. § 9-500.04, priority shall be given to unpaved roads with 100 average daily trips. Traffic volumes shall also be considered in prioritizing shoulders. Alley traffic volumes are generally low, but should be considered for treatment.
(2) Shoulders on arterial roads or other road segments with vehicular use. Shoulders shall be prioritized for stabilization based upon the location of the shoulder segments along arterial streets and evidence of vehicular use. Shoulders which appear to be used for unauthorized turn lanes, parking, or traffic bypass shall have a higher priority. In addition, shoulders in areas where vehicular use is anticipated due to projected traffic volume have a higher potential for generating dust emissions.
(3) Traffic speed. Roadways with a higher vehicular speed also have a higher potential for generating dust from direct vehicular tire action and the vehicular wake effect.
(4) Heavy-duty truck traffic. Roadways with higher heavy-duty truck traffic have a higher potential for dust from the larger tires, greater weight, and larger vehicle profile, which cause a greater wake effect.
(5) Silt content in underlying soil. Natural soils with clay and silty clay have a severe erosion potential rating. This rating indicates a high potential for generating fine particle of dust, which stay suspended as PM-10 pollution. Areas of high silt content within the City of El Mirage limits shall be identified and targeted for routine observation and treatment.
(6) Target areas. Priority shall be given to the Agua Fria river basin and the areas adjacent to the river. In addition, the areas contained within the Dysart Ranchette community shall be given priority as these areas reflect the highest opportunity to reduce PM-10 through the treatment of unpaved roads.
(7) Safety, drainage, and other issues. Safety and drainage issues are an important factor in prioritizing treatment areas. Roads and paving shoulders in areas without a storm drain system are susceptible to discharge onto the roadway. Selection of roads for treatment must also include consideration of connectivity to other roads, as well as the location, relative to other paving and stabilization projects.
(C) The City of El Mirage will maintain records of implementation of city-owned road, shoulder, and alley treatments and will submit annual or periodic reports as requested by Maricopa County or other responsible agencies.
(D) (1) Private roadways used for haul/access or any on-site unpaved road used by commercial, industrial, institutional, or governmental travel shall be targeted by Code Enforcement for compliance with the dust control measures included within this chapter unless all of the following measures are continuously observed:
(a) Speed limits are posted at 15 mph;
(b) Trips on the roadway are limited to not more than 20 trips per day; and
(c) Water is applied so the surface is visibly moist or the surface is treated with other dust suppressant materials or methods.
(2) In the even a violation this division (D) is discovered, the following fines and procedures shall apply:
(a) First offense. A notice of compliance (NOC) shall be issued requiring compliance with this section no later than 30 days from the issuance date of the NOC. The purpose of the NOC is to provide the public information on PM-10 issues and educational material regarding compliance with dust control regulations.
(b) Second offense or failure to comply with a NOC. A civil fine of $250 shall be imposed and the violator shall be given a notice of violation (NOV) requiring compliance within two weeks. Failure to comply with the NOV within two weeks shall also constitute a third offense.
(c) Third and subsequent offenses. A civil fine of $500 shall be imposed. Each day the violation is permitted to exist may be treated as a new offense for which a new NOV may be issued.
(d) Additional fines. Additional fines may be issued by Maricopa County Air Quality for repeat offenders.
(Prior Code, § 23-1-3) (Ord. O08-03-03, passed 3-13-2008; Ord. O08-10-17, passed 10-9-2008)