Tracy Municipal Code Art. 1 Dust

Any person, firm or corporation either as principal or employee working on construction projects throughout the City shall be responsible for controlling dust which is generated as a result of the construction work caused by wind, or caused by traffic inside the construction area during all phases of construction. Use of water or approved dust palliatives shall be permitted for the alleviation or prevention of a dust nuisance.

(Prior code § 7-6.101)

(a) Construction projects. Water shall be sprayed on the construction site, exposed grades or sub-base as required during windy and dry days including weekends and holidays to control dust. The number of water applications per day shall be determined by the Director of Public Works or his appointed designee depending upon the intensity of wind and the dust nuisance. The contractor shall provide water truck(s) equipped with a spraying system on the construction site as required during all times. The number and size of trucks shall be of sufficient capacity required to cover the size of the project and shall require approval from the Director of Public Works or his appointed designee.

(b) Subdivision construction. Existing grades, excavated areas, sub-base, building pads and other exposed areas within the subdivision shall be sprayed with water as required on windy and dry days including weekends and holidays to control dust. The number of water applications per day shall be determined by the Director of Public Works or his appointed designee depending upon the intensity of wind and dust nuisance. A sufficient number of trucks with required capacities and equipment shall be made available by the developer/contractor on the job site as required at all times.

(Prior code § 7-6.102)

Dust palliatives, for the purpose of this chapter, are defined as chemicals used to mitigate a dust nuisance.

Any dust palliatives used, in lieu of water, at the subdivision construction site or at the construction projects to alleviate or prevent dust nuisances shall be suitable for use in residential areas and must have approval of the Federal, State, County and Environmental Protection Agencies for similar uses. The owner/developer/contractor will furnish and apply the dust palliatives on the site at his own expense. Prior approval shall be required from the Director of Public Works or his appointed designee for the type of palliatives proposed for use. The materials shall not be hazardous or detrimental to the health and safety of the public, animals, pets, vegetation, plants, trees, landscaping and shall not be injurious to other materials including infrastructures, buildings, automobiles, air and water quality in the neighborhood and the surrounding areas. Certified approved tests of the proposed dust palliatives with proper clearances and recommendations from the State and Federal agencies will be submitted to the Director of Public Works for the City's review at least two (2) weeks prior to start of use of palliatives. The decision of the Director of Public Works will be final.

(Prior code § 7-6.103)

Any dirt, excavated material or backfill stored in the subdivisions or other construction areas in the City shall be properly covered, treated with dust palliatives, or sprayed with water to prevent a dust nuisance. Use of water or dust palliatives shall be in accordance with the requirements of this chapter as described in Sections 7.24.020 and 7.24.030 of this chapter. Any cover membrane/material will be properly fastened and hooked to cover the entire storage. This membrane should be capable of withstanding the intensity of the wind expected in the area.

(Prior code § 7-6.105)