§ 95A.132 CONTROL REQUIREMENTS.
   (A)   Work practices—all fugitive dust sources.
      (1)   No operator shall conduct any potential dust-generating activity on a site unless the operator utilizes one or more Coachella Valley Best Available Control Measures, as identified in the Coachella Valley Fugitive Dust Control Handbook for each fugitive dust source such that the applicable performance standards are met.
      (2)   Any operator involved in any potential dust-generating activity on a site with a disturbed surface area greater than one acre shall, at a minimum, operate a water application system as identified in the Coachella Valley Fugitive Dust Control Handbook, if watering is the selected control measure.
      (3)   Performance Standards and Test Methods: No person subject to the requirements contained in § 95A.132(B)(1) shall cause or allow visible fugitive dust emissions to exceed 20% opacity, or extend more than 100 feet either horizontally or vertically from the origin of a source, or cross any property line.
   (B)   Construction and demolition activities.
      (1)   Any operator applying for a grading permit or a building permit for an activity with a disturbed surface area of more than 5,000 square feet, shall not initiate any earth-moving operations unless a Fugitive Dust Control Plan has been prepared pursuant to the provisions of the Coachella Valley Fugitive Dust Control Handbook and approved by the city.
      (2)   A complete copy of the approved Fugitive Dust Control Plan must be kept on site in a conspicuous place at all times and provided to the city and AQMD upon request.
      (3)   Any operator involved in demolition activities shall comply with AQMD Rule 1403 (Asbestos Emissions from Demolition/Renovation Activities) requirements, and the requirements of Title 40, Part 61 of the code of Federal Regulations.
      (4)   Any operator involved in earth-moving operations shall implement at least one of the following short-term stabilization methods during non-working hours:
         (a)   Maintaining soils in a damp condition as determined by sight or touch; or
         (b)   Establishment of a stabilized surface through watering; or
         (c)   Application of a chemical dust suppressant in sufficient quantities and concentrations to maintain a stabilized surface.
      (5)   Within ten days of ceasing activity, an operator shall implement at least one of the following long-term stabilization techniques for any disturbed surface area where construction activities are not scheduled to occur for at least 30 days:
         (a)   Revegetation that results in 75 % ground coverage provided that an active watering system is in place at all times; or
         (b)   Establishment of a stabilized surface through watering with physical access restriction surrounding the area; or
         (c)   Use of chemical stabilizers to establish a stabilized surface with physical access restriction surrounding the area.
      (6)   Any operator shall remove all bulk material track-out from any site access point onto any paved road open to through traffic:
         (a)   Within one hour if such material extends for a cumulative distance of greater than 25 feet from any site access point; and
         (b)   At the conclusion of each workday.
      (7)   Any operator of a project with a disturbed surface area of five or more acres or of any project that involves the import or export of at least 100 cubic yards of bulk material per day shall install and maintain at least one of the following control measures at the intersection of each site entrance and any paved road open to through traffic with all vehicles exiting the site routed over the selected device(s):
         (a)   Pad consisting of minimum one inch washed gravel maintained in a clean condition to a depth of at least six inches and extending at least 30 feet wide and at least 50 feet long; or
         (b)   Paved surface extending at least 100 feet and at least 20 feet wide; or
         (c)   Wheel shaker/wheel spreading device consisting of raised dividers (rails, pipe, or grates) at least three inches tall and at least six inches apart and 20 feet long; or
         (d)   A wheel washing system.
      (8)   Any operator required to submit a Fugitive Dust Control Plan under § 95A.132(B)(1) shall install and maintain project contact signage that meets the minimum standards of the Coachella Valley Fugitive Dust Control Handbook, including a 24-hour manned toll-free or local phone number, prior to initiating any type of earth-moving operations.
      (9)   Any operator of a project with a disturbed surface area of 50 or more acres shall have an Environmental Observer on the site or available on-site within 30 minutes of initial contact that:
         (a)   Is hired by the property owner or developer; and
         (b)   Has dust control as the sole or primary responsibility; and
         (c)   Has successfully completed the AQMD Coachella Valley Fugitive Dust Control Class and has been issued a Certificate of Completion for the class; and
         (d)   Is identified in the approved Fugitive Dust Control Plan as having the authority to immediately employ sufficient dust mitigation 24-hours per day, seven days a week and to ensure compliance with this subchapter, the approved Fugitive Dust Control Plan, and AQMD regulations.
      (10)   Performance Standards and Test Methods: No operator required to submit a Fugitive Dust Control Plan under § 95A.132(B)(1) shall cause or allow visible fugitive dust emissions to exceed 20 percent opacity, or extend more than 100 feet either horizontally or vertically from the origin of a source, or cross any property line.
      (11)   Exceedance of the visible emissions prohibition in § 95A.132(B)(10) occurring due to a high-wind episode shall constitute a violation of § 95A.132(B)(10), unless the operator demonstrates to City all the following conditions:
         (a)   All Fugitive Dust Control Plan measures or applicable Coachella Valley Best Available Control Measures were implemented and maintained on site; and
         (b)   The exceedance could not have been prevented by better application, implementation, operation, or maintenance of control measures; and
         (c)   Appropriate recordkeeping was complied and retained in accordance with the requirements in §§ 95A.132(B)(12) through 95A.132(B)(15); and
         (d)   Documentation of the high-wind episode on the day(s) in question is provided by appropriate records.
      (12)   Reporting/recordkeeping before construction : The operator of a project with ten acres or more of earth-moving operations shall:
         (a)   Forward two copies of a Site-Specific, Stand Alone [8½ by 11 inch] Fugitive Dust Control Plan to the AQMD within ten days after approval by the city. [Note: A separate AQMD approval will not be issued]; and
         (b)   Notify the city and the AQMD at least 24-hours prior to initiating earth-moving operations.
      (13)   During construction: Any operator involved in earth-moving operations shall compile, and maintain for a period of not less than three years, daily self-inspection recordkeeping forms in accordance with the guidelines contained in the Coachella Valley Fugitive Dust Control Handbook.
      (14)   During construction: Any operator involved in earth-moving operations that utilizes chemical dust suppressants for dust control on a site shall compile records indicating the type of product applied, vendor name, and the method, frequency, concentration, quantity and date(s) of application and shall retain such records for a period of not less than three years.
      (15)   After construction: Any operator subject to the provisions of § 420.12 shall notify the city and the AQMD within ten days of the establishment of the finish grade or at the conclusion of the finished grading inspection.
(Ord. 1357, passed 12-3-03)