To protect the health, safety, and general welfare, all construction sites must make all reasonable efforts to prevent or control blowing dust and debris. Property owners shall be responsible for maintaining their property in such a manner that dust and other wind borne debris transported to adjacent properties are kept to reasonable minimal levels. In the case of site grading and other construction operations, it will also be the responsibility of the permittee to make all reasonable efforts to control blowing dust and debris onto adjacent properties. When grading operations involve the hauling of dirt from one site to another, it is also the permittee's responsibility to maintain the public streets in a clean condition and limit any spillage that would generate dust or other blowing debris.
(A) Dust prevention and control plan required. A dust prevention and control plan shall be submitted in conjunction with a grading plan or other plan involving the movement of dirt. The City Engineer or Building Official may also require the submittal of a dust prevention and control plan for other development deemed necessary.
(B) Plan requirements. The plan shall demonstrate that the discharge of dust from the construction site will not occur or can be controlled to an acceptable level depending on the particular site conditions and circumstances. The plan shall address site conditions during construction operations, after normal working hours, and during various phases of construction. The plan shall include the name and the 24-hour phone number of a responsible party in case of emergency. If the importing or exporting of dirt is necessary as demonstrated by the cut and fill quantities on the grading plan, the plan shall also include the procedures necessary to keep the public streets and private properties along the haul route free of dirt, dust, and other debris. When an entire project is to be graded and the subsequent construction on the site is to be completed in phases, the portion of the site not under construction shall be treated with dust preventive substance or plant materials and an irrigation system. All phased projects shall submit a plan demonstrating that dust will not be generated from future phase areas.
(C) Plan review. The City Engineer or Building Official will be responsible for the review and approval of the dust prevention and control plan. This plan shall be incorporated into the grading plan and constructive notice shall be placed on the grading plan to notify the owner and contractors of the need to comply with the dust prevention and control plan.
(D) Dust control compliance statement. A dust control compliance statement form must be completed and signed by the property owner.
(E) Inadequate dust prevention and control measures. If an investigation of the project site indicates that dust prevention and control measures are inadequate, the City Engineer or Building Official may limit or halt all activities on the site until adequate dust prevention and control measures are achieved. The City Engineer or Building Official may charge the property owner and/or contractor for reasonable costs related to providing the necessary site inspections to determine the adequacy of the dust control plan.
(F) Notice of inadequate prevention and control measures. If it is determined that a property in violation of § 16.99.030, the City Engineer or Building Official may deliver the property owner or contractor a written notice of violation, and the property owner or contractor will then have 24 hours to bring the site into compliance. If after 24 hours, the site is not brought into compliance or an extension of time has not been granted by the City Engineer or Building Official, the violation may be prosecuted by the City Attorney as a misdemeanor violation of the Municipal Code.
(G) Responsibility for adequate dust prevention and control. The approval of a dust prevention and control plan does not relieve the owner or contractors of the responsibility to implement whatever additional measures may be required to properly prevent and control dust as required by § 16.99.060.
(H) NPDES Stormwater Regulations. The dust prevention and control plan and any additional measures that may be necessary for the adequate prevention and control of dust must comply with all applicable NPDES Stormwater Regulations.
(Ord. 1103, passed 3-7-05)