8.28.090: DEFINITIONS:
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
ACTIVE OPERATIONS: Any human activity that is capable of generating, or generates visible fugitive dust, including bulk material storage, handling and processing; earthmoving; construction/renovation/demolition activities; and the movement of motorized vehicles on any unpaved roadways and parking areas.
BULK MATERIAL: Sand, gravel, soil, aggregate and any other inorganic or organic solid matter capable of releasing visible fugitive dust.
CHEMICAL SOIL STABILIZATION/SUPPRESSION: A method of dust control implemented by any person to mitigate PM10 emissions by applying asphaltic emulsions, acrylics, adhesives, or any other approved material that are not prohibited for use by the New Mexico environment department, the environmental protection agency, or any other law, rule, or regulation.
DISTURBED AREA: Any area in which the soil will be altered by grading, leveling, scraping, cut and fill activities, excavation, brush and timber clearing, grubbing, and unpaved soils on which vehicle operations and/or movement will or has occurred.
DUST GENERATING OPERATION: Any activity capable of generating fugitive dust, including, but not limited to, activities associated with creating a disturbed area, construction and demolition activities, and the movement of vehicles on unpaved roadways or parking areas.
DUST SUPPRESSANT: Water, hygroscopic materials, or nontoxic chemical stabilizers used as a treatment to reduce visible fugitive dust emissions. Dust suppressants shall be used as recommended by the manufacturer and in concentrations and application frequencies sufficient to prevent violation of this chapter.
EROSION CONTROL MEASURES (ECM): Techniques used to limit the emission and/or airborne transport of fugitive dust from its original site to accomplish satisfactory results for temporary and/or extended suppression of dust and PM10 emission(s).
EROSION CONTROL PLAN (ECP): A written description of all reasonably available control measures (RACMs) to be implemented at a work site and/or in transit to and from a work site for any earthmoving, construction, or potential dust generating operation. Such written description may be incorporated into building and construction plans or be a separate document submitted with said plans.
FUGITIVE DUST: Any particulate matter entrained in the ambient air that is caused from manmade and natural activities without first passing through a stack or duct designed to control flow, including, but not limited to, emissions caused by movement of soil, vehicles, equipment, and windblown dust. Excluded particulate matter includes matter emitted directly from the exhaust of motor vehicles, or from other combustion devices, portable brazing, soldering or welding equipment, and pile drivers.
HIGH WIND CONDITIONS: On site hourly average wind speed greater than fifteen (15) miles per hour, gusts of twenty (20) miles per hour or an active wind advisory issued by the national weather service for the village of Hatch.
NATIVE PLANTS: Plants that are indigenous to the state from other places that have become established in wildlands without cultivation.
NATURAL COVER: Any vegetation that exists on the property, prior to any construction activity or achieved through vegetation restoration back to a natural state, including the placement of sod.
PM10: Particulate matter, both filterable and condensable, with an aerodynamic diameter less than or equal to a nominal ten (10) micrometers.
PALLIATIVE: Any agent used to lessen or reduce dust emissions.
PARTICULATE MATTER: Any material emitted or entrained into the air as liquid or solid particulate, with the exception of uncombined water.
REASONABLY AVAILABLE CONTROL MEASURE (RACM): Any device, system, process modification, apparatus, technique, or control measure, or combination thereof, which results in the lowest emissions rate possible taking into consideration the RACM's technological and economical feasibility as determined by approval of the erosion control plan.
STABILIZED OR STABILIZATION: The ongoing process necessary to reduce the fugitive dust generating capability of a surface by paving, dust suppression, watering, compacting or revegetating the disturbed surface sufficient to prevent a violation of this chapter.
TRACK-OUT: Visible bulk material deposited upon a paved public or private roadway and capable of going airborne due to mechanical actions. (Ord. 352, 2009)