Courtesy codification including revisions through October 13, 2010 S:\wp11\rules\pinal\FINAL\2010\Oct_10\10 _13_10_Codified_rules_larger_Font.doc 127 

### CHAPTER 4. EMISSIONS FROM EXISTING AND

NEW NON-POINT SOURCES

ARTICLE 1. ADOPTED DOCUMENT(S)

4-1-010. Adopted document(s) A.A.C. , Title 18, Chapter 2, Article 6 is hereby adopted by reference and made a part of this

Code. [Adopted effective June 29, 1993. Revised 5/14/97. ]

ARTICLE 2. FUGITIVE DUST

4-2-020. General The purpose of this article is to reasonably re gulate operations which periodically may cause fugitive dust emissions into the atmosphere.

[Adopted effective June 29, 1993. Revised 12/4/2002. ]

4-2-030. Definitions For the purpose of this article, the following definitions shall apply: 1. MOTOR VEHICLE - A self-propelled vehicle weighing less than six thousand pounds that is designed for carrying persons or property on a street or highway.

2. REASONABLE PRECAUTION - Measures taken to prevent fugitive dust from becoming airborne which result in the lowest emission limitation by the application of control technology that is reasonably available considering technological and economic feasibility.

3. URBAN or SUBURBAN OPEN AREA - An unsubdivided tract of land surrounding a substantial urba n development of a residential, industrial, or commercial nature and which, though near or within the limits of some city or town, may be used for agriculture , be uncultivated, or lie fallow.

4. VACANT LOT - A subdivided residentia l or commercial lot which contains no buildings or structures of a temporary or permanent nature.

[Adopted effective June 29, 1993. Revised 12/4/2002. ]

4-2-040. Standards A. No person shall cause, suffer, allow, or permit a building or its appurtenances, subdivision site, driveway, parking area, vacant lot or sales lot, or an urban or suburban open area to be constructed, used, altered, repa ired, demolished, cleared, or leveled, or the earth to be moved or excavated, or fill dirt to be depos ited, without taking reasonable precautions to effectively prevent fugitive dust from becoming airborne. B. No person shall cause, suffer, allow, or perm it a vacant lot, or an urban or suburban open area, to be driven over or used by motor ve hicles, such as but not limited to all-terrain vehicles, trucks, cars, cycles, bikes, or buggies, without taking reasonable precautions to effectively prevent fugitive dust from becoming airborne. C. No person shall cause, suffer, allow or permit the performance of agricultural practices including but not limited to tilling of land and application of fertilizers without taking reasonable precautions to prevent particulate matter from becoming airborne. D. No person shall disturb or remove soil or natural cover from any area without taking reasonable precautions to effectively prev ent fugitive dust from becoming airborne. E. No person shall crush, screen, handle or c onvey materials or cause, suffer, allow or permit material to be stacked, piled or otherwise st ored without taking reasonable precautions to effectively prevent fugitive dust from becoming airborne.Courtesy codification including revisions through October 13, 2010 S:\wp11\rules\pinal\FINAL\2010\Oct_10\10 _13_10_Codified_rules_larger_Font.doc 128 F. Stacking and reclaiming machinery utilized at storage piles shall be operated at all times

with a minimum fall of material and in such manner, or with the use of spray bars and wetting agents, as to prevent excessive amounts of particulate matter from becoming airborne. Other reasonable precautions shall be taken, as necessary, to effectively prevent fugitive dust from becoming airborne. G. No person shall cause, suffer, allow or perm it transportation of materials likely to give rise to fugitive dust without taking reasonable precautions to prevent fugitive dust from becoming airborne. Earth and other material that is tracked out or transported by trucking and earth moving equipment on paved streets shall be removed by the party or person responsible for such deposits. Removal of ear th from paved streets shall not violate the visibility standard in Chapter 2. H. No person shall operate, maintain, use or permit the use of any commercial feedlot or commercial livestock area for purposes of feeding or displaying animals, or engage in other activity such as racing and exercising, without taking reasonable precautions to effectively prevent fugitive dust from becoming airborne. I. No person shall cause, suffer, allow, or permit the use, repair, construction or reconstruction of any road or alley w ithout taking every reasonable precaution to effectively prevent fugitive dust from becoming airborne. J. No person shall operate a motor vehicle for recreational purposes in a dry wash, riverbed or open area in such a way as to cause or contribute to visible dust emissions which then cross property lines into a residential, recreational, in stitutional, educational, retail sales, hotel or business premises. For purposes of this subsecti on "motor vehicles" shall include, but not be limited to trucks, cars, cycles, bikes, buggies and 3-wheelers. Any person who violates the provisions of this subsection shall be subject to prosecution under A.R. S. §49-513. K. No person shall cause, suffer, allow, or pe rmit construction of mineral tailing piles without taking reasonable precautions to prevent excessive amounts of particulate matter from becoming airborne. For purposes of controlling emissions from mineral tailings piles, reasonable precautions shall mean wetting, ch emical stabilization, revegetation or such other measures as may be approved by the Control Officer.

[Adopted effective June 29, 1993. Amended October 27, 2004. ]

4-2-050. Monitoring and records A. Sources subject to §4-2-040. shall also be subject to the visible opacity limitations in Chapter 2, Article 8. B. Opacity observations for visible emissi ons of fugitive dust sh all be conducted in accordance with techniques speci fied in Reference Method 9 in the Arizona Testing

Manual for Air Pollutant Emissions.

[Adopted effective June 29, 1993. Revised May 14, 1997. Amended October 27, 2004. ]