San Clemente Municipal Code Ch. 8.54 Fugitive Dust Control for Commercial Operations

The purpose of this chapter is to establish minimum requirements for commercial operations that emit fugitive dust onto or over residential zones in an effort to eliminate the resulting harms of these air pollutants.

(Ord. 1330 § 1 (part), 2007)

For the purpose of this chapter, the following definitions are applicable:

"AQMD" means the South Coast Air Quality Management District.

"AQMD best available control measures" means methods used to prevent or mitigate the emission and/or airborne transport of fugitive dust, as identified on Table 1 and Table 2, as applicable, of AQMD's Rule 403, as the same may be amended from time to time.

"Commercial operation" means an on-going operation by an entity of any form, including a sole proprietorship, which conducts business-related work.

"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 human activities.

"High-wind episode" means wind speeds in excess of twenty-five (25) miles per hour as measured by:

a. The closest AQMD monitoring station; or

b. A certified meteorological monitoring station; or

c. An on-site wind monitor calibrated and operated on-site in accordance with the manufacturer's specifications with a data logger or strip chart.

"Operator" means any person who owns, leases, operates, controls, or supervises any potential fugitive dust generating commercial operation made subject to the requirements of this chapter.

"Site" means the real property on which activity subject to this chapter may occur.

"Weed abatement" means the removal of dry grass, weeds, decaying trees, or similar dead vegetation.

(Ord. 1330 § 1 (part), 2007)

A. .....Except as set forth in subsection B of this section, no operator shall cause or allow visible fugitive dust emissions to be released from its site onto or over any other properties located within a residential zone in the City.

B. .....Exceedance of the visible emissions prohibition of this chapter occurring due to a high-wind episode shall not constitute a violation if the operator demonstrates each of the following to the City's reasonable satisfaction:

1. The operator utilized one or more applicable AQMD best available control measures for each fugitive dust source;

2. The exceedance could not have been prevented by better application, implementation, operation, or maintenance of an AQMD best available control measures utilized; and

3. The operator provides documentation of the high-wind episode on the day(s) in question to the City.

(Ord. 1330 § 1 (part), 2007)

The provisions of this chapter shall not apply to:

A. Agricultural operations, including on-field sources used solely for agricultural operations.

B. Any fugitive dust-generating activity where necessary fugitive dust preventive or mitigative actions are in conflict with:

1. Either Federal or State Endangered Species Act provisions as determined in writing by the appropriate federal or state agency; or

2. Any other regulation or standard applicable within the City, including but not limited to any and all applicable water quality standards. It shall be the obligation of the operator to take the necessary steps to ensure that all AQMD best available control measures utilized are accomplished in accordance with any such regulation or standard.

C. Any action required or authorized to implement emergency operations that is officially declared by the City or other governmental agency to ensure the public health and safety.

D. Any activity that is occurring entirely within an enclosed structure from which no visible airborne particulate matter escapes.

E. Activities, including development, construction, and demolition projects, which are both temporary in nature and conducted at the site where the finished product is to be constructed, installed or removed. This exception shall not be read to exempt any activity conducted at a commercial operation's place of business, whether such location is permanent or temporary, regardless of the nature of the activity.

F. Weed abatement activities.

G. Activities, including capital improvement projects, conducted by or under contract to any public agency.

(Ord. 1330 § 1 (part), 2007)

In addition to any legal remedies available to the City for violation of this chapter, the City also may refuse to issue or renew future permits, licenses and/or other approvals, and/or release of securities held until the owner or operator has adequately demonstrated compliance with the notice of violation and paid all outstanding fines and fees owed to the city.

(Ord. 1330 § 1 (part), 2007; Ord. No. 1664, § 20, 9-18-2018)