§ 95A.131 PURPOSE.
   (A)   Purpose. The purpose of this subchapter is to establish minimum requirements for construction and demolition activities and other specified sources in order to reduce man-made fugitive dust and the corresponding PM10 emissions.
   (B)   Definitions. For the purpose of this subchapter, the following definitions are applicable.
      AGRICULTURAL OPERATIONS are any operation directly related to the growing of crops, or raising of fowls or animals for the primary purpose of making a livelihood.
      AQMD is the South Coast Air Quality Management District and the representatives thereof.
      AVERAGE DAILY TRAFFIC (ADT) is the number of motor vehicles that traverse a given unpaved or paved surface during a specified 24-hour period. ADT levels are calculated as the average daily volume over a specified 48-hour period as determined by the City in consultation with the AQMD.
      BULK MATERIAL is all sand, gravel, soil, aggregate and other organic and inorganic particulate matter.
      CHEMICAL DUST SUPPRESSANTS are non-toxic chemical soil binders that are not prohibited for use by the City, the California Regional Water Quality Control Board, the California Air Resources Board, the U.S. Environmental Protection Agency (U.S. EPA), or any other law, rule or regulation, used to reduce dust on disturbed surfaces.
      COACHELLA VALLEY BEST AVAILABLE CONTROL MEASURES (CV BACM) are methods to prevent or mitigate the emission and/or airborne transport of fugitive dust, as identified in the Coachella Valley Fugitive Dust Control Handbook.
      COACHELLA VALLEY FUGITIVE DUST CONTROL HANDBOOK is the most recently approved reference document by the AQMD that includes a description of fugitive dust control measures, guidance for preparation of Fugitive Dust Control Plans, notification forms, signage provisions, and test methods.
      CONSTRUCTION ACTIVITIES are any on-site activities preparatory to or related to the building, alteration, rehabilitation, or improvement of property, including, but not limited to the following activities; grading, excavation, trenching, loading, vehicular travel, crushing, blasting, cutting, planning, shaping, breaking, equipment staging/storage areas, weed abatement activities or adding or removing bulk materials from storage piles.
      DEMOLITION ACTIVITIES are the wrecking or taking out of any load-supporting structural member of a structure or building and related handling operations or the intentional burning of any structure or building.
      DISTURBED SURFACE AREA is any portion of the earth's surface (or material placed thereupon) that has been physically moved, uncovered, destabilized, or otherwise modified from its undisturbed native condition (including vehicular disturbances) thereby increasing the potential for the emission of fugitive dust. This definition does not include land that has been restored to a native condition, such that the vegetative ground cover and soil characteristics are equal to surrounding native conditions.
      EARTH-MOVING OPERATIONS are the use of any equipment for an activity where soil is being moved or uncovered.
      FINISH GRADE is the final grade of the site that conforms to the approved grading plan.
      FUGITIVE DUST is any solid particulate matter that becomes airborne, other than that emitted from an exhaust stack, directly or indirectly as a result of human activities. PM10 is a subset of fugitive dust and is defined as particulate matter with an aerodynamic diameter of ten microns or less.
      FUGITIVE DUST CONTROL PLAN is a document that describes fugitive dust sources at a site and the corresponding control measures and is prepared in accordance with the guidance contained in the Coachella Valley Fugitive Dust Control Handbook.
      HIGH-WIND EPISODE is when wind speeds exceed 25 miles per hour as measured by:
         (a)   The closest AQMD monitoring station; or
         (b)   A certified meteorological monitoring station; or
         (c)   An on-site wind monitor calibrated and operated on-site in accordance with the manufacturer's specifications with a data logger or strip chart.
      OPERATOR is any person who owns, leases, operates, controls, or supervises any potential fugitive dust generating operation subject to the requirements of this subchapter. This definition includes any person who has been officially designated by a property owner as the person responsible for fugitive dust control at a site, as indicated in an approved Fugitive Dust Control Plan.
      PAVED ROAD is an improved street, highway, alley, public way, or easement that is covered by roadway materials (such as cement, asphalt or asphaltic concrete).
      PHYSICAL ACCESS RESTRICTION is any barrier, including but not limited to; curbs, fences, gates, posts with fencing, shrubs, trees, or other measures that are effective in preventing vehicular and Off-Highway Vehicle (OHV) use of a specified site.
      SILT is any bulk material with a particle size less than 75 micrometers in diameter that passes through a Number 200 sieve as determined by American Society of Testing and Materials (ASTM) Test Method C 136 or any other test method approved by the U.S. EPA and AQMD.
      SITE is the real property on which construction, demolition, or other activities subject to this ordinance may occur.
      STABILIZED SURFACE is any portion of land that meets the minimum standards as established by the applicable test method contained in the Coachella Valley Fugitive Dust Control Handbook.
      STORAGE PILE is any accumulation of bulk material with a height of three feet or more and a total surface area of 300 or more square feet.
      UNPAVED PARKING LOT is an area utilized for parking vehicles and associated vehicle maneuvering that is not covered with roadway materials (such as cement, asphalt or asphaltic concrete).
      UNPAVED ROAD is any service roads, internal access roads, heavy and light duty equipment paths and other roadways which are not covered by typical roadway materials (such as cement, asphalt, asphaltic concrete).
      TEMPORARY UNPAVED PARKING LOTS are those used less than 24 days per year.
   (C)   Performance standards and test methods. All performance standards and test methods referenced in this subchapter shall be based on the methodologies included in the Coachella Valley Dust Control Handbook.
(Ord.1125, passed 10-7-92; Am. Ord. 1138, passed 3-17-93; Am. Ord. 1244, passed 5-5-99; Am. Ord. 1357, passed 12-3-03)