El Segundo Municipal Code Ch. 3 Dust and Particulate Matter

It is hereby declared to be the policy of the City to prohibit unnecessary and excessive emission of dust and particulate matter from all sources subject to its police power. Therefore, the City Council does ordain and declare that creating, maintaining, causing or allowing to be created, maintained, or caused, any emissions of dust or particulate matter in a manner prohibited by or not in conformity with the provisions of this Chapter, is a public nuisance and shall be punished as such. (Ord. 1184, 9-1-1992)

A. Dust Emissions: A person shall not create, maintain or cause or allow to be created, maintained or caused, the emissions of dust or particulate matter from any transport, handling, construction, demolition, excavation, grading, clearing of land, or storage activity so that the presence of such dust or particulate matter remains visible in the atmosphere beyond the property line of the emission source.

B. Exclusions: A person or entity shall not be found in violation of subsection A of this Section if that person or entity has taken every reasonable precaution to minimize the dust or particulate matter emissions resulting from its activity. Reasonable precautions include, but are not limited to, the following: site watering; soil binders; street sweeping; organic control erosion mats; covering loose soil; sloping and bracing excavation sites to minimize erosion; and establishing ground cover. (Ord. 1184, 9-1-1992)

The City Council reserves the right to exempt certain activities which require a City permit from the regulations under this Chapter. The exemption under this Section must appear on the permit. (Ord. 1184, 9-1-1992)

A. Responsible Official: The City Manager, or his designee, is directed to enforce the provisions of this Chapter.

B. Interference: No person shall interfere with, oppose or resist any authorized person charged with the enforcement of this Chapter while such person is engaged in the performance of his duty. (Ord. 1184, 9-1-1992)

Any person violating any of the provisions of this Chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be punishable as provided in Section 1-2-1 of this Code. (Ord. 1184, 9-1-1992; amd. 2000 Code)