The board of trustees of the village of Hatch is authorized by statute, in particular New Mexico Statutes Annotated 1978, section 4-37-4, to enact ordinances to protect and promote the health, safety, and general welfare of the residents of the village of Hatch. The purpose of this chapter is to protect and maintain the natural environment and to reduce the negative health effects caused by the creation of fugitive dust, more specifically "PM10", which refers to a size of particulate matter within dust that has been identified by the scientific and medical communities and by the federal environmental protection agency ("EPA") as a significant health risk in high concentrations in the air. This chapter is enacted consistent with the goals and policies of the comprehensive plans for the village of Hatch, and as a part of New Mexico environment department's natural events action plan (NEAP) for the village of Hatch and the state of New Mexico. This chapter shall accomplish the requirements of these documents by preventing, limiting, or mitigating the effects of activities which create fugitive dust (which includes PM10s), or have a tendency to make land more vulnerable to natural erosion forces that create fugitive dust. The objective of this chapter is to ensure that all surface disturbance activities use erosion control measures to mitigate visible fugitive dust on an ongoing basis for the protection of the health and safety of the residents of the village of Hatch. This chapter also attempts to ensure that when natural events do occur, such as fugitive dust creation through high winds, the contribution of human generated dust is limited in its negative health and safety impacts. Emissions that are regulated by federal or state law to require filtering or similar treatment prior to release into the air are not considered "fugitive", and are not regulated by this chapter. (Ord. 352, 2009)