### Chandler Arizona WereValrtesMake TheDifferefzce



### May 6,2008

Diane Arnst Planning Section Manager ADEQ Air Quality Division 1 1 10 W. Washington Street Phoenix, AZ 985007 Dear Ms. Arnst: Enclosed please find a copy of the City's OrdinanceNo. 4045 as requested in the attached letter dated April 16,2008,from Nancy C. Wrona.

W. 

### ark Pentz City Manager

Enclosures

Mailng Addrerr Mail Stop 605 POBox 4008 Chandler, Arizona 852444008 Office of the City Manager Telephone (480) 782-2210

Fa(480) 782-2209 wwurchandleraz.gov Location Suite 301 55 North Arizona Place Chandler, Arizona 85225Janet Napolitano Governor


### April 16,2008 

# ARIZONA DEPARTMENT

OF 

# ENVIRONMENTAL QUALITY
1110West Washington Street Phoenix. Arizona 85007



### Mr. Mark Pentz, Manager City of Chandler 5 5 North Arizona Place #30 1 Chandler,AZ 85225-5540 MANAGER'S

- OFFICE - Stephen A. Owens Director



### SUBJECT: Request for Adopted Municipal Ordinances Dear 

### Mr. Pentz: 

### I am asking for your help in securinginformationregarding implementation ofprovisions in SenateBill 1552(Arizona Laws 2007, Chapter292) affecting your city, town or county. This information is critical for approval of our clean 

### airplan. 

### In December 2007, ADEQ submittedto U.S. EPA Region 

## IX a StateImplementationPlan Revision developedby the MaricopaAssociation of Governmentsto achieve 5%reductionsfiom the emissions baseline of ParticulateMatter 10 microns and smaller in size (PMlo)

### annual&until attainment ofthe PMlo standardis achieved. Thisplan included commitmentsto adopt and enforce ordinances. The Plan Revision, includingAppendices, can be viewed at 

### http://www.mag.maricopa.g;ov/detail.cms?item=8072. Collecting and submitting these ordinances is necessary for demonstrating to EPA that 

### the emission controlprograms included in this plan'arein effect. That is why we need your help. The following provisions of SB1552required cities and towns in Area A to adopt ordices by March 31,2008:
J 

### Section 1, amending A.R.S. 9-500.04.5 Ban leafblower debrisin public roadways
J 

### Section 1, amendingA.R.S. 

## 5 9-500.04.6 Adopt codes requiring dustproof paving or stabilizationatparking, maneuvering,ingress and egress areas at developmentsother than 

### residentialbuildings with 4 or fewer units
J 

### Section 1,amending A.R.S. 

## 5 9-500.04.7 Adopt codes requiringpaving or stabilizationofparking, maneuvering, ingress and egress areas 3,000 square feet or larger at residential buildings with 4 or fewerunits

Northern Regional Office Southern Regional Office 1801 W. Route 66 Suite 11 7 Flagstaff, AZ 86001 400 West Congress Street Suite 433 Tucson, AZ 85701 (928) 779-031 3 (520) 628-6733

### Mr. Mark Pentz April 16,2008 Page 2

J 

### Section 1, amendingA.R.S. 

## 5 9-500.04.8 = 

### Adopt codesrestricting vehicle parking and use on unpaved or unstabilized lots
J 

### Section2, amendingA.RS. 

## 5 9-500.27 Adopt an ordinancebanning operation of any vehicle including offhighway vehicles, all-terrain vehicles, and off-road recreationalm~tor vehicles-from operation on unpaved public or privateroads closed by the landowner by rule orregulation or by proper posting, excepting vehicles used in the normal course of business or government operations [This requirement does not preempt pre-existing similar ordinances adopted for dust abatement purposes before 313 1/08] The followingprovisions of SB1552required Counties containing any

### part ofArea A to adopt the following ordinances:
J 

### Section 3, amendingA.R.S. 11-871.B By October 3 1,2007,include a ban on open burning on 

### High Pollution AdvisoryDays forecastedfor 

### PMlo
J 

### Section 3, amendingA.R.S. 

## 5 11-871 

### .D. By October 3 1,2007, amend penalty provisions for violations ofbans on open burning to add a $250 civil penalty forthe 4' and subsequent violations
J 

### Section 5, 

### amendingA.R.S. 

## 5 11-877.A.2. By March 31,2008,ban leafblower-debrisin publicroadways
J 

### Section 5, amendingA.R.S. 5.1 1-877.A.3. By March 3 1,2008,ban operation of leafblowers except on surfaces stabilizedby listed methods [Exceptionfor sitespermitted by a Control Officer for dust controlunder A.R.S. 

## 9 49-47 11 The following provision of SB1552 required any Maricopa Countv and Pinal Countv to adopt the following ordinance:
J 

### Section 18, amendingA.R.S. $49-501 Ban by ordinancethe use ofwood burning chimineas, outdoor fire pits, and similar outdoor fires on County No Burn days.

### Mr. 

### Mark Penz April 16,2008 Page 

### 3

The following provisions of SB1552required Maricopa Countv to adoptthe following ordinances:
J 

### Section 16, amending A.R.S. 

## 5 49-474.01.6 Adopt an 

### ordinance requiring paving or stabilizationofparking, maneuvering, ingress and egress areas 3,000 squarefeet or larger at residential buildings with 4 or fewer units
J 

### Section 16,amending A.R.S. § 

### 49-474.01.7 Adopt codes restricting vehicle parking and use on unpaved or unstabilized lots
J 

### Section 16,amendingA.R.S. 

## 5 49-474.01.8 Adopt rule revisions regarding 30-day advance legal notice to owner or owner's agent of need to stabilize unpaved disturbed vacant lot surface, including estimated cost to County to stabilize; authority to enter lotto 

### stabilize at owner's expense, and related topics. Please submit a copy ofadoptedordinances and proof

### ofadoptionby May 8" 

### to the attention ofDiane Amst, Planning Section Manager, ADEQ 

### Air Quality Division, 1110W. Washington Street,Phoenix, 

## AZ 85007. She can be reached at (602) 771-2375. It isADEQ's god 

### to submit a Supplementto the 5% Plan Revision to EPA Region 

### IX by May 

### 30~ consistingof all of the adopted Ordinances, to fulfill the commitmentsin the Plan that affected political subdivisionswould adopt 'these ordinances. Ordinance adoption is 

### only the first step; tracking compliance and enforcementwill 

### be the next challenge. 

### Thankyou foryour assistance 

### inthismatter. If you have questions ofme or would like to discuss this, please contactme at (602) 771 2308 or by e-mail at wrona.nancy @a.zdeq.gov.

Nancy C. 

### ~iona, Director 

### Air Quality DivisionORDINANCE NO. 4045 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHANDLER, ARIZONA, AMENDING CHAPTER 1, SUBSECTIONS 1-8.3 AND 1-8.4, AMENDING CHAPTER 11 BY ADDING A NEW SECTION 11-9 AND AMENDING CHAPTER 30, SECTION 30-2 AND SUBSECTION 30-3.2 OF THE CODE OF THE CITY OF CHANDLER TO ADDRESS LEGISLATIVE MANDATES RELATING TO FUGITIVE DUST CONTROL AND DECLARING AN EMERGENCY. WHEREAS, several areas within the State, including Maricopa County, are not in compliance with United States Environmental Protection Agency standards for National Ambient Air Quality (NAAQS) for particulate matter; WHEREAS, compliance with NAAQS for particulate matter is an issue of public health and safety; WHEREAS, the State passed and adopted Senate Bill 1552 (SB 1552) in 2007 to prescribe new measures for the State and its political subdivisions to control fugitive dust believed to be necessary to achieve compliancewith NAAQS for particulate matter; WHEREAS, under SB 1552, the City of Chandler is required to adopt specified measures to limit fugitive dust emissions that impact compliance with NAAQS for particulate matter by no later than March 31,2008; and WHEREAS, the measures to be adopted pursuant to this Ordinance are no broader than necessary to comply with the mandates set forth under SB 1552; and WHEREAS, the City of Chandler believes that limiting fugitive dust emissions is important to the health and safety of its residents and that the control measures set forth in this ordinance satis@ the requirements set forth in SB 1552. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Chandler, Arizona, as follows: Section 1. Subsection 1-8.3 of Section 1-8 of Chapter 1, Code of the City of Chandler, is hereby amended to read as follows: 1-8.3.Except as otherwise provided by law or ordinance, a person convicted of a violation of this Code shall be guilty of a Class 1 misdemeanor. A Class 1 misdemeanor is punishable by a fine not exceeding two thousand five hundred dollars ($2,500.00), by imprisonment for a term not exceeding six 

### (6) months, by probation for a term not exceeding three (3) years, or by any combination thereof. A Class 2 misdemeanor is punishable by a fine not exceeding seven hundred fifty dollars ($750.00), by imprisonment for a term not exceeding four (4) months, by probation for a term not exceeding two (2) years, or by any combination thereof. A Class 3 misdemeanor is punishable by a fine not exceeding five hundred dollars ($500.00), by imprisonment for a term not exceeding thirty (30) days, by probation for a term not exceeding one (1) year, or by any combination thereof. Except as otherwise provided by law or ordinance, with respect to violations of this Code that are continuous with respect to time, each day that the violation continues is a separate offense.OrdinanceNo. 4045 Page 2 Section 2. Subsection 1-8.4 of Section 1-8 of Chapter 1, Code of the City of Chandler, is hereby amended to read as follows: 1-8.4. The sentence to pay a fine, imposed on an enterprise convicted of a Class 1 misdemeanor shall be 

### an amount not more than twenty thousand dollars ($20,000.00), on an enterprise convicted of a class 2 misdemeanor shall be an amount not more than ten thousand dollars ($10,000.00), and on an enterprise convicted of a Class 

### 3 misdemeanor shall be an amount not more than two thousand dollars ($2,000.00). Section 3. Chapter 11, Code of the City of Chandler, is hereby amended by adding a new Section 11-9, which sectionnumber had been reserved, to read as follows: 11-9. Motorvehicle use on property that has not been stabilized. 11-9.1. Vacant lots. The use of any motorized vehicle, including an off-highway vehicle, an allterrain vehicle or an off-road motor vehicle on any vacant lot that has not been stabilized is prohibited. Stabilized means ground surfaces treated with asphaltic concrete, cement concrete, hardscape, penetration treatment of bituminous material and seal coat of bituminous binder and a mineral aggregate, decomposed granite cover, crushed granite cover, aggregate cover, gravel cover, grass or other continuousvegetative cover, or any combination ofthese stabilizers. 11-9.2. Unpaved surfaces. The use of any motorized vehicle, including an off-highway vehicle, an all-terrain vehicle or an off-road motor vehicle on an unpaved surface that is not a public or private road, street or lawful easement and that is closed by the landownerby rule or regulation of a federal agency, the state, Maricopa County or the city, or by proper posting if the land is private land, is prohibited. 11-9.3. No Preemptions. This section does not prohibit or preempt the enforcement of other ordinances or code provisionsrelatingto dust abatement or city development standards. 11-9.4. Exceptions. This section does not apply to the operation of motor vehicles used in the normal course ofbusiness or in the normal course of government operations. 11-9.5. Alternative Remedies. 

### In addition to or in lieu of any fine or penalty to be assessed for a violation ofthis section, a judge may order the person in violation of the sectionto perform at least eight (8) but no more than twenty-four (24) hours of community restitution or to complete an approved safety course related to the off-highway operation ofmotor vehicles, or both. 11-9.6. Violation. A person who violatesthis section is guilty of a CIass 3 misdemeanor. Section 4. Section 30-2 of Chapter 30, Code of the City of Chandler,is hereby amended by adding, in proper alphabetical order, definitions of "Fugitive Emissions or Fugitive Dust," "Landscape Debris," "Leaf Blower" and "Sta6ilizationy'to read as follows:
Fugitive Emissions orFugitive Dust. Any particulate matter that becomes airborne,other than particulatematter that directly or indirectly passes through a stack, chimney, vent or other functionallyequivalent openingas a result ofhuman activity.Ordinance No. 4045 Page 3 

### Landscape Debris. Material generated or accumulated as a result of, or moved in the course of, landscape operations. Landscape debris includes, but is not limited to, grass clippings, leaves, branches, vegetative matter, rubbish, soil and rock. 

### LeafBlower. Any device that generates a stream of 

### air that is designed, or used, to move landscape debris. 

### Stabilization or Stabilized. Treatment of ground surfaces with asphaltic concrete, cement concrete, hardscape, penetration treatment of bituminous material and seal coat of bituminous binder and a mineral aggregate, decomposed granite cover, crushed granite cover, aggregate cover, gravel cover, grass or other continuous vegetative cover, or any combination ofthese stabilizers. Section 

### 5. Subsection 30-3.2 of Section 30-3 of Chapter 30, Code of the City of Chandler, is hereby amended by adding new paragraphs H and 

### I to read as follows: 

### H. Parking orManeuvering on UnimprovedSurfaces. 1. On or after October 1, 2008, all parking, maneuvering, ingress and egress areas on any lot or parcel of land developed for a use other than residential use with four or fewer dwelling units shall be maintained with a surface material satisfyingthe requirements for parking surfaces set forth in Section 35-1802(5) of this Code. This subparagraph shall not prevent the enforcement of zoning provisions under Chapter 35 of this Code relating to the development, maintenance or improvement ofparking, maneuvering, ingress and egress areas. 2. On or after October 1, 2009, all parking, maneuvering, ingress and egress areas that are three thousand square feet or more in size on a lot or parcel that is developed for residential use with four or fewer dwelling units shall be maintained with a surface material satisfying the requirements for parking surfaces set forth in Section 35-1802(5) of this Code. This subparagraph shall not prevent the enforcement of zoning provisions under Chapter 35 of this Code relating to the development, maintenance or improvement ofparking, maneuvering, ingress and egress areas.

3. No person shall park any motor vehicle on any vacant lot that has not been stabilized. In any proceeding alleging a violation of this subparagraph, all persons in whose names the motor vehicle is registered shall be jointly and severally prima facie responsible for such violation. I. 

### Leaf Blowers and Landscape Debris. No person shall cause or permit landscape debris or other material to be blown or placed in or on any highway, street, alley, public place or public rightof-way. No person shall operate a leafblower over surfaces that have not been stabilized. Section 6. Pursuant to Subsection 1-8.7 and Section 26-12, Code of the City of Chandler, any person violating sections 4 and 5 of this Ordinance amending Chapter 30, Code of the City of Chandler, may be punished by imposition of a civil sanction not to exceed five hundred dollars ($500.00), unless another penalty is specified. Any person who commits a violation of this code after previously having been found responsible for committing two (2) or more infractions of this code within any thirty-six (36) month period, whether by admission, by payment of the fine, by default, or'by judgment after hearing, shall be guilty of a Class 1 criminal misdemeanor punishableOrdinance No. 4045 Page 4 by a fine not exceeding two thousand five hundred doIIars ($2,500.00), by imprisonment for a term not exceeding six 

### (6)months, by probation for a term not exceeding three (3) years, or by any combination thereof. Each day a violation continues shall constitute a separate offense. Section 7. That because the immediate operation of the provisions of this Ordinance is necessary for the preservation of the public peace, health, life and property of the City of Chandler, an emergency is hereby declared to exist, to-wit: fugitive dust emissions pose a heaIth and safety risk to the citizens of the City of Chandler and the terms of this Ordinance must be quickly adopted to satisfy state legislative mandates. This Ordinance shall be in full force and effect from and after the passage, adoption and approval by the City Council ofthe City of Chandler, and it is hereby exempt from the referendum provisions ofthe Constitutionand the laws ofthe State of Arizona. PASSED AND ADOPTED by the Mayor and City Council of the City of Chandler, Arizona, this 

### 1 3th day ofMarch 2008.

ATTEST:

CERTIFICATION I HEREBY CERTIFY that the above and foregoing Ordinance No. 4045 was duly passed and adopted by the City Council of the City of Chandler, Arizona, at a regular meeting held on the 

### 13" day ofMarch 2008, and that a quorum was present thereat. 

# 7d CITY CLERK APPROVED AS TOFORM:

PUBLISHED in the Arizona Republic on March 20 and March 27,2008.OrdinanceNo. 4045 Page 5 Status of PM-10 Projects March 03,2008 

### In accordance with Resolution 409 1, signed on June 28,2007, City staffhas moved forward to meet the commitmentsto control PM-10 emissions in the City of Chandler. Below is a summary of actions on these committed measures: A. Communication and Public Affairs has implemented PM-10 public education efforts including the distribution of information to HOAs, development of media releases, council commentaries, city newsletter articles, placement of information onthe City's Web site and on Cable Channel 11. 

### B. While the City has relatively few off-road areas frequented by off-road vehicles Neighborhood Services enforcement ofexisting rules limits such activity on vacant lots. C. The Streets Department utilizes only PM-10 certified street sweepers to sweep City streets. Current sweeping schedules conformto commitments made in the resolution. D. 

### The City has fenced offthe portion of site 

### 7 owned by the City and will add decomposed granite to preclude dust. All other downtown City owned lots being used for parking already had decomposed granite and nothing further isplanned for these parking lots. 

### E. Work has commenced on stabilization of 10

### miles ofalleys and the portion of Ryan Road to be paved under this commitment has been completed. 

### F. Speed limit signs of 15miles per hour have been posed onthe remaining unpaved roadways as 

### committed. 

### G. Contracts have been issued for 

### the 12miles of shoulders to be stabilized for this year. This year CIP projects have completed 

### in excess of the 5 miles of curb and gutter committed under this resolution. H. 

### Vehicle use and parking on vacant lots is currently prohibited by existing ordinance and is being enforced by Neighborhood Resources. I. The ordinance controlling vehicle trespass on vacant lots are already in force and being enforced as 

### part of Neighborhood Resources.