Cathedral City Municipal Code Ch. 6.16 Fugitive Dust Emissions

The purpose of these regulations is to establish minimum requirements for construction and demolition activities and other specified land uses in order to reduce fugitive dust and corresponding PM10 emissions.

(Ord. 377 § 2, 1993)

As applied in this chapter, the following words and terms shall be defined as follows:

"ADT (average daily traffic)"

means the average number of vehicles that separately ingress and egress a given surface during a specified twenty-four-hour time period.

"Annual vehicle trips"

means the number of motor vehicles that ingress and egress an unpaved or paved surface during a specified annual time period. (Example: One vehicle that both ingresses and egresses over the specified time period shall be counted as two vehicle trips.)

"Applicant"

means any person who is required to submit a fugitive dust mitigation plan to the city for review.

"Bulk material"

means all sand, gravel, soil, aggregate and other organic and inorganic particulate matter.

"City"

means the city of Cathedral City, which is represented by the city manager or his or her designee.

"Chemical stabilization"

means a method of dust control implemented by a person to mitigate fugitive dust and corresponding PM10 emissions which involves the use of nontoxic chemical soil stabilizers in sufficient quantities to eliminate wind erosion from disturbed surface areas, provided that such materials are not prohibited for use by the city, the California Regional Water Quality Control Board, the California Air Resources Board, the Environmental Protection Agency (EPA) or any other law, rule or regulation.

"Construction and demolition activities"

means any on-site mechanical activities preparatory to or related to the building, alteration, rehabilitation, demolition or improvement of property, including, but not limited to, the following activities: grading, excavation, loading, crushing, blasting, cutting, planing, shaping or breaking.

"Disturbed surface area"

means a portion of the earth's surface which, through the activities of man, has been physically moved, uncovered, destabilized or otherwise modified from its undisturbed natural soil condition, but does not include land used for agriculture, land that has been cleared for the purpose of fire of health safety in compliance with local or state regulations or areas which have been restored to a natural state, such that the vegetative ground cover and soil characteristics are similar to adjacent or nearby natural conditions.

"Dust control implements"

means tools, machines, devices, supplies and/or other approved methods intended to prevent fugitive dust from entering into the ambient air, or to prevent soil or other materials from being tracked onto paved roads by motor vehicles.

"Dust control measures"

means all U.S. EPA approved techniques used to prevent the emission and/or airborne transport of fugitive dust. Currently approved techniques included in U.S. EPA guidance documents include, but are not limited to, the use of coverings and enclosures, application of dust suppressants or installation of dust control implements. (General Preamble, Implementation of Title 1, Clear Air Act Amendments of 1990, Appendix C 1, U.S. EPA, March 27, 1992)

"Dust suppressants"

means water, vegetation, hygroscopic materials or chemical soil stabilization materials not prohibited for use by the city, the Regional Water Quality Control Board, the Environmental Protection Agency, the California Air Resources Board or any other law, rule or regulation.

"Fugitive dust"

means any solid particulate matter that becomes airborne (other than that emitted from an exhaust stack), directly or indirectly as a result of the activities of man. Fugitive dust includes PM10.

"Off-road motor vehicles"

means any wheeled vehicle which is used off paved roadways and includes but is not limited to the following:

Any motorcycle or motor-driven cycle;

Any motor vehicle commonly referred to as a sand buggy, dune buggy or all-terrain vehicle. "Open areas" means any unpaved disturbed surface area or unimproved lot of greater than one acre.

"Open storage pile"

means any accumulation of bulk material with a height of three feet or more and a total surface area of three hundred or more square feet.

"Owner"

means the person, partnership, corporation, agency or other public or private entity whose name appears as the owner of any particular piece of property under a deed as to that property duly recorded in the Riverside County recorder's office.

"Parking lot"

means an area utilized for parking vehicles and associated vehicle maneuvering. Paved parking lots are those covered with typical roadway materials. Unpaved parking lots are all parking lots which are not paved. Temporary unpaved parking lots are those used for an event lasting three consecutive days or less or five cumulative days or less within a given month, provided that vehicle activity never exceeds one hundred vehicles per day as determined by the city.

"Particulate matter"

means any material, except uncombined water, which exists in finely divided form as a liquid or solid at standard conditions.

"Paved road"

means an improved street, highway, alley, public way or easement that is covered by a typical roadway material. Public paved roads are those open to public access and that are owned by any federal, state, county, municipal or any other governmental or quasi-governmental agencies. Private paved roads are any paved roads not defined as public, whether or not open to the public.

"Permittee"

means any person who has received approval of a fugitive dust mitigation plan by the city. "Person" means any individual, corporation, public entity, partnership or association existing under or authorized by the laws of the state.

"Plan"

means a plan as required in this chapter to identify and contain fugitive dust and PM10.

"PM10"

means particulate matter with an aerodynamic diameter smaller than or equal to ten microns as measured by the applicable federal reference test methods. (40 Code of Federal Regulations, Part 50, Appendix J)

"Road length"

means the total center line distance of all contiguous sections of a road, regardless of change of direction, road name, or surface type, or intersection with a road not owned or operated by the applicant or permittee.

"Site"

means the real property on which activities subject to this chapter may occur.

"Staging area"

means an area greater than twenty thousand square feet used for the shipping, receiving, transferring, storage or assembly of goods and materials.

"Typical roadway materials"

for permanent roadways means cement, asphalt or asphaltic concrete. "Unpaved roads" means any unpaved service roads, internal access roads, heavy and light duty equipment paths and other roadways which are not covered by typical roadway materials as defined herein. Public unpaved roads are those open to public access and that are owned by any federal, state, county, municipal or any other governmental or quasi-governmental agencies. Private unpaved roads are all other unpaved roadways not defined as public, whether or not open to the public.

(Ord. 377 § 2, 1993)

A. The following activities are categorically exempt from the provisions of this chapter:

1. Any construction and/or demolition activity which does not require issuance of a grading permit or a demolition permit;

2. Any construction and/or demolition activity meeting any of the following activity levels or requirements:

a. Occurring entirely within an enclosed structure from which no visible airborne particulate matter escapes,

b. Modifications or additions to existing detached single-family residential dwellings;

3. Any action required or authorized to implement emergency operations which are officially declared by the city or county to ensure the public health and safety.

B. The following activities may be exempted from the provisions of this chapter subject to approval from the city:

1. Actions which cannot mitigate fugitive dust emissions because all potential mitigation would, as determined by the city, conflict with the federal or State Endangered Species Act or with city ordinances as they pertain to weed abatement or fire hazard control;

2. Agricultural operations, including growing, harvesting, tilling or cultivating of crops, or the raising of animals, fowl or bees; however, unpaved roads associated with such operations with an average ADT greater than twenty vehicles are not exempted;

3. Unpaved roads with an ADT volume of less than twenty vehicles;

4. Unpaved roads used for activities lasting three consecutive days or less, and five cumulative days or less within a calendar month, provided that vehicle activity never exceeds one hundred vehicles per day;

5. Unpaved parking lots for existing land uses which have fewer than eight parking spaces, provided that said use does not generate more than six thousand annual vehicle trips;

6. Temporary unpaved parking lots.

(Ord. 377 § 2, 1993)

A. Existing Unpaved Roadways (Minor). The owner of any existing unpaved roadway with ADT volumes between twenty and one hundred fifty vehicles shall take measures to reduce vehicular speeds as permitted by state law or less. Such measures are to include, but shall not be limited to, posting speed limit signs or installation of speed-control devices in accordance with city procedures.

B. Off-Road Vehicles. The owner of any unimproved property shall not permit the use of said property for off-road motor vehicle use. Methods to stop off-road motor vehicle use may include, but shall not be limited to, signs at intervals of not more than three hundred feet as measured along the access perimeter, fencing along the access perimeter and/or other methods as deemed necessary by the city.

(Ord. 377 § 2, 1993)

A. Grading and Demolition Permits. A plan must be approved prior to issuance of any grading or demolition permits associated with the project. A person possessing a grading or demolition permit approved prior to adoption of the ordinance codified in this chapter must submit a plan six months after the effective date of the ordinance codified in this chapter, unless all permitted activity has been completed.

B. Staging and Open Areas, Unpaved Roads. The owner of any existing staging or open area, or public or private unpaved road with ADT volumes greater than one hundred fifty vehicles shall submit to the city a proposed plan no later than six months after the effective date of the ordinance codified in this chapter. The owner must comply with all of the requirements of the plan within sixty days after the approval of the plan. If the plan is denied, the owner must within thirty days from the date of disapproval correct specified deficiencies and resubmit a revised plan to the city. Once approved, the owner must comply with all the plan requirements within thirty days of its approval. The activity will continue to be subject to the requirements of the approved plan until such time that an amended plan is approved by the city.

C. Unpaved Parking Lot. 1. The owner of any existing unpaved parking lot with eight or more spaces shall, within six months from the effective date of the ordinance codified in this chapter, pave the area utilized for parking or vehicle maneuvering with typical roadway material. Said owner may petition the city during the six month period to permit the use of chemical stabilization, recycled asphaltic road base and/or other materials as approved by the city instead of paving. As part of the petition, the owner shall prepare a plan. The city may require the plan to contain provision for annual resubmittal to the city to ensure that the control measures specified by the plan are being implemented. 2. The owner of any temporary unpaved parking area shall treat areas used for parking and vehicle maneuvering with chemical stabilization forty-eight hours prior to each individual event which requires parking for one hundred or more vehicles per day.

D. Tribal Land Exemptions. All lands of the Agua Caliente Indian Reservation shall be exempt from the provision of subsections (B) and (C) contained in this section.

(Ord. 377 § 2, 1993)

A. The plan shall control fugitive dust through implementation of reasonably available dust control measures (see definition) such that fugitive dust emissions are in compliance with South Coast Air Quality Management District Rule 403. The plan shall be subject to approval of the city and include provisions to treat disturbed surface areas at construction and demolition sites with dust suppressants when activities have ceased for thirty days or more. Said treatments must be in sufficient frequencies and quantities to prevent visible emissions from crossing the property line. The following are methods to control fugitive dust which are to be included in the plan if applicable to the project:

1. Application of chemical stabilization to unpaved roads and vehicle parking areas;

2. Application of water prior to initiating any earth movement;

3. Application of water to disturbed surface areas;

4. Application of dust suppressants on disturbed surface areas when construction activities cease for more than four consecutive days;

5. Installation of wind fencing bordering disturbed surface areas upwind of paved roadways or urban areas;

6. Sweeping and/or cleaning streets where vehicles exit construction sites;

7. Installation of bedliners in fill import and export vehicles;

8. Covering of fill import and export vehicles when carrying bulk material;

9. Installation of wheel washers where vehicles exit disturbed surface areas on to paved roads;

10. Paving of construction access roads;

11. Paving of all roads on a construction site once final elevations have been reached or at the earliest feasible time;

12. Installation of drainage devices including temporary diking, sand bags and/or curing to prevent sediment from reaching paved roads;

13. Revegetation of disturbed surface areas;

14. Installation of security fencing surrounding disturbed surface areas which have been treated with dust suppressants;

15. Any other measures as approved by the city.

B. The city shall either approved the plan or approve the plan with conditions, including a condition that the applicant consent to entry upon the lands for mitigation measures.

C. If the city denies the plan, an explanation will be provided on what additional measures are needed. The owner may revise the plan and resubmit or appeal as provided herein. If the denial is for a plan for an existing source, the owner has thirty days from the date of denial to either pave the area to the satisfaction of the city or submit a revised plan that corrects the specified deficiencies. The requirement to pave will not begin until the six-month grace period has ended.

D. For approved plans either the city, or the applicant if so conditioned, will monitor the effectiveness of the plan. If determined by the city that the conditions of the approved plan are not sufficiently adhered to, the applicant shall take immediate remedial action. If remedial action is not effective in either timing or effort to the satisfaction of the city, the city shall order the work done. All actual city costs, plus twenty percent administrative cost, shall be the responsibility of the applicant. The city shall be reimbursed in total prior to final inspection of the buildings. If, for whatever reason, there is no final inspection of a building, the charges shall be placed on the property as a lien to be paid as part of the property tax collection.

(Ord. 377 § 2, 1993)

Upon denial of a plan, or approval with conditions, the applicant may petition the disapproval or the conditions to the city council. A petition for appeal must be submitted to the city clerk within ten calendar days after the plan has been disapproved, or conditions approved. The city council shall make the final determination as to plan approval, conditional approval or denial in accordance with existing procedures.

(Ord. 377 § 2, 1993)

Upon plan approval and/or issuance of grading/demolition permits and commencement of construction activity, the approved dust control measure shall be continuously and diligently implemented to project completion to the satisfaction of the city. Any post-project dust control measures required shall be completed and continuously maintained as required. Any proposed modifications to the plan/program shall first be submitted to the city for processing prior to a change in the dust control activity.

(Ord. 377 § 2, 1993)

Any person who received an approved plan shall compile and retain records of evidence of control measure application during project implementation and for a period of one year after project completion. Said records of evidence may include, but shall not be limited to, name and contact person of all firms contracted with for dust suppression, listing of all dust control implements used on-site, proof (invoices from dust suppressant and dust control implement vendors) of dust suppressant application at the concentrations specified by the plan and costs associated with implementation of the plan. The records shall be required to be submitted to the city upon request.

(Ord. 377 § 2, 1993)

A. Construction/Demolition Activities.

1. Violation of, or failure to comply with, any provisions of an approved plan shall be a violation of this chapter.

2. Failure to correct any condition indicated in a notice of violation within twenty-four hours of issuance will permit the city to initiate one or more of the following actions:

a. Legal proceedings to obtain an injunction against the owner or permittee;

b. If applicable, suspend issuance of all future permits issued by the city and suspend the release of securities held until the owner or permittee has adequately demonstrated compliance with the notice of violation.

B. Existing Activities and Uses.

1. Failure of existing activities and uses which are subject to this chapter to comply with the provisions of this chapter or failure to submit a plan within six months of its effective date will be a violation of this chapter.

2. A plan prepared for existing activities and uses which is disapproved by the city must be revised by the applicant and resubmitted to the city within thirty calendar days of receipt of the notice of disapproval, or the applicant shall be deemed in violation of this chapter.

3. Continuance of existing activities or uses which are subject to this chapter and for which a plan has been denied for a second consecutive time, without the owner thereof effecting mitigation measures satisfactory to the city manager or to his or her designee, shall be a violation of this chapter.

4. Violation of, or failure to comply with, any provisions of an approved plan shall be a violation of this chapter.

5. Failure to correct the condition indicated in the notice of violation within twenty-four hours of issuance will permit the city to initiate legal proceedings to obtain an injunction against the owner or permittee.

(Ord. 377 § 2, 1993)

A person violating any provisions of this chapter shall be guilty of an infraction, unless the violation is specifically filed by the city attorney as a misdemeanor. Each day the violation exists shall be deemed a separate offense. A misdemeanor shall be punishable by a fine of not more than five hundred dollars or by imprisonment in the county jail for no more than six months or by both such fine and imprisonment.

(Ord. 377 § 2, 1993)