(A) Owners of property with a disturbed surface area greater than 5,000 square feet shall within 30 days of receiving official notice by the city prevent trespass through physical access restriction as permitted by the city.
(B) In the event that implementation of § 95A.133 is not effective in establishing a stabilized surface within 45 days of restricting access, the owner shall implement at least one of the following long term stabilization techniques within an additional 15 days, unless the City has determined that the land has been restabilized:
(1) Uniformly apply and maintain surface gravel or chemical dust suppressants such that a stabilized surface is formed; or
(2) Begin restoring disturbed surfaces such that the vegetative cover and soil characteristics are similar to adjacent or nearby undisturbed native conditions. Such restoration control measure(s) must be maintained and reapplied, if necessary, such that a stabilized surface is formed within eight months of the initial application.
(C) Any operator conducting weed abatement activities on a site that results in a disturbed surface area of 5,000 or more square feet shall:
(1) Apply sufficient water before and during weed abatement activities such that the applicable performance standards are met; and
(2) Ensure that the affected area is a stabilized surface once weed abatement activities have ceased.
(D) Performance Standards and Test Methods: No person subject to the provisions of §§ 95A.133(A) through 95A.133(C) shall cause or allow visible fugitive dust emissions to exceed 20% opacity, or extend more than 100 feet either horizontally or vertically from a source, or cross any property line, and shall either:
(1) Maintain a stabilized surface; or
(2) Maintain a threshold friction velocity for disturbed surface areas corrected for non-erodible elements of 100 centimeters per second or higher.
(E) Reporting / Recordkeeping: Within 90 days of ordinance adoption, operators of property with disturbed surface area of 5,000 or more square feet shall notify the City of the location of such lands and provide owner contact information.
(F) Any person subject to the provisions of §§ 95A.133(A) through 95A.133(C) shall compile, and retain for a period of not less than three years, records indicating the name and contact person of all firms contracted with for dust mitigation, listing of dust control implements used on-site, and invoices from dust suppressant contractors/vendors.
(Ord. 1357, passed 12-3-03)