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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 regulate 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 urban 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 residential 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, repaired, demolished, cleared, or leveled, or the earth to be 

moved or excavated, or fill dirt to be deposited, without taking reasonable precautions to 

effectively prevent fugitive dust from becoming airborne. 

B. No person shall cause, suffer, allow, or permit a vacant lot, or an urban or suburban open 

area, to be driven over or used by motor vehicles, 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 prevent fugitive dust from becoming airborne. 

E. No person shall crush, screen, handle or convey materials or cause, suffer, allow or permit 

material to be stacked, piled or otherwise stored without taking reasonable precautions to 

effectively prevent fugitive dust from becoming airborne. 
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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 permit 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 earth 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 without 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, institutional, educational, retail sales, hotel or 

business premises. For purposes of this subsection "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 permit 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, chemical 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 emissions of fugitive dust shall be conducted in 

accordance with techniques specified 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. ]