(A) Administrative requirements.
(1) Any operator preparing a Fugitive Dust Control Plan shall complete the AQMD Coachella Valley Fugitive Dust Control Class and maintain a current valid Certificate of Completion.
(2) At least one representative of each construction or demolition general contractor and subcontractor responsible for earth-movement operations shall complete the AQMD Coachella Valley Fugitive Dust Control Class and maintain a current valid Certificate of Completion.
(3) All reporting / recordkeeping required by § 95A.132(B) shall be provided to the city and AQMD representatives immediately upon request.
(B) Exemptions.
(1) The provisions of this subchapter shall not apply to:
(a) Agricultural operations including on-field sources and unpaved roads used solely for agricultural operations.
(b) Any dust-generating activity where necessary fugitive dust preventive or mitigative actions are in conflict with either federal or State Endangered Species Act provisions as determined in writing by the appropriate federal or state agency.
(c) Any action required or authorized to implement emergency operations that are officially declared by the City to ensure the public health and safety.
(2) The provisions of § 95A.132(B) shall not apply to any construction or demolition activity meeting any of the following activity levels or requirements:
(a) The activity is occurring entirely within an enclosed structure from which no visible airborne particulate matter escapes; or
(b) Activities that do not require issuance of a grading permit or those that require a building permit provided that the project results in 5,000 or less square feet of soil disturbance.
(3) The provisions of § 95A.132(B)(8) shall not apply to:
(a) Projects that takes two weeks or less to complete provided that a long-term stabilization technique(s) identified in § 95A.133 are implemented; and
(b) Line projects (such as pipelines, cable access lines, and the like).
(C) Compliance.
(1) A person violating any section of this subchapter or with any portion of an approved Dust Control Plan is guilty of an infraction punishable by a fine of not more than $100 for a first violation and a fine not exceeding $400 for a second violation within one year. A third violation, or more, within one year shall each be prosecuted at a level consistent with a misdemeanor violation.
(2) In addition to any other remedy provided by law, failure to correct any condition indicated in a notice of violation within one hour of issuance will allow the city to initiate one or more of the following actions where appropriate:
(a) Criminal proceedings.
(b) Civil proceedings to obtain an injunction; or any other relief against the owner or operator to stop operations at the site.
(c) Refusal to issue future permits and/or release of securities held until owner or operator has adequately demonstrated compliance with the notice of violation.
(d) Correction of the condition by the city through the use of any securities held under this subchapter.
(Ord. 1357, passed 12-3-03)