(A) Responsibility for administration.
(1) The enforcement officer, acting through and designated by the Town Manager, shall administer, implement, and enforce the provisions of this chapter involving air quality and fugitive dust. The enforcement officer may enforce the provisions of this chapter when reasonable cause exists to believe that any person has violated or is in violation of any provision of this chapter.
(2) The term ENFORCEMENT OFFICER means any person, who is either an employee, agent, or independent contractor, authorized by the Town Manager to administer, implement, and enforce the provisions of this chapter and who has authority to enforce the town rules, regulations, resolutions, and ordinances. The ENFORCEMENT OFFICER may include more than one person, including a civil hearing officer acting in compliance with A.R.S. § 9-500.21.
(B) Application.
(1) This chapter shall not apply during a period of public emergency as declared by the town, state authorities, or federal authorities, or if the operation is directed by a peace officer or other public authority.
(2) Pursuant to A.R.S. § 9-500.04(H), the requirements of §§ 93.04, 93.06, and 93.07 do not apply to any site that has a permit issued by a control officer as defined in A.R.S. § 49-471 for the control of fugitive dust from dust generating operations.
(Ord. 2008-08, passed 4-3-2008)