(a) A person must not cause or allow any material to be handled, transported, or stored, or any building or road to be constructed, altered, repaired, or demolished, without taking reasonable precautions to prevent particulate matter from becoming airborne.
(b) Unless the Director finds otherwise in a particular situation, reasonable precautions include:
(1) using water or chemicals to control dust when demolishing a building or structure, undertaking construction operations, grading a road, or clearing land;
(2) applying asphalt, water, or suitable chemicals on a dirt road, materials stockpile, or other surface that can create airborne dust;
(3) installing and using hoods, fans, and dust collectors to enclose and vent the handling of dusty materials, and employing reasonable containment methods to prevent the release of particulate matter during sandblasting or similar operations;
(4) covering each open-bodied vehicle used to transport any material likely to create air pollution at all times when the vehicle is moving;
(5) paving a roadway and maintaining it in clean condition; and
(6) promptly removing earth or other dust-producing material from a paved street to which the material was transported by truck, earth moving equipment, or water erosion. (2002 L.M.C., ch. 6, § 1.)
Editor’s note—2002 L.M.C., ch. 6, § 2, states: Transition. Until superseded, an Executive Regulation issued under Chapter 3 before the effective date of this Act [April 11, 2002] remains in effect to the extent the regulation is consistent with this Act. This Act does not apply to a violation of Chapter 3 that occurred before this Act took effect [April 11, 2002].
2002 L.M.C., ch. 6, § 1, repealed former § 3-7, “Permits for certain equipment,” which was derived from 1975 L.M.C., ch. 17, § 1.