### Diane 

### Arnst From: Sent: To: Cc: Subject: 

### Don Gabrielson [Don.Gabrielson@co.pinal.az.us] 

### Thursday, May 08,20084:10 PM Diane Arnst scott.dibase@co.pinaI.az.us 

### SB 1552; implementation in Pinal County Attachments: 

### resl21207-AQ2.pdf; LB-RESOLUTION-051408-AQl-dft.pdf; 

### 14aar1153,pdf; May1 6.pdf 

# mQ=yQQ

ry, res121207-AQ2.pdf LB-RESOLUTION-014aar1153.pdf (70 Mayl6.pdf (342 KB) (126 KB) 51408-AQl-dft.~ 

## ... KB) 5/8/08 Diane, In response to Nancy Wrona's 4/16/08 letter request for copies of local rules and ordinances adopted to meet the various mandates of SB 1552, I convey the following: 1. Open burning. Pursuant to SB 1552 Sections 3 and 18, I convey a digital copy of executed and recorded Pinal County Ordinance 121207-AQ2. See res121207AQ.pdf. The ordinance addresses the open burning restrictions required under SB 1552. 2. Leaf blowers. Pursuant to SB 1552 Section 5, I convey a digital copy of a proposed leaf-blower ordinance 051408-AQ1. See LB Resolution 051408-AQl.pdf. The Board of Supervisors will consider adoption of this ordinance-on May 14, 2008. 3. Parking dustproofing, stabilization and restriction on vehicle parking/use. Pursuant to SB 1552 Section 16, I convey a digital copy of a notice of proposed rulemaking published in the Arizona Administrative Register on April 14, 2008. See 14aar1153.pdf. The Board of Supervisors will consider adoption of these rules on May 14, 2008. 4. Forced entry to stablize vacant lots. This pertains to our proposed "barge and charge" rules; at least in theory, we'll barge in, stabilize the problem and then charge the owner. Pursuant to SB 1552 Section 16, I convey a digital copy of a notice of proposed rulemaking submitted to the Secretary of State on 4/25/08. See mayl6.pdf. This notice will publish on May 16, 2008, and the Board of Supervisors will consider adoption of these rules on June 18, 2008. For those still-pending measures, we will provide you fully executed copies once they have been properly adopted. Questions? You can call Scott DiBiase @ 520-866-696, or me @ 520-866-6915. regards, Don Gabrielson Director Pinal County Air Quality

## OFFlClAl RECORDS OF 

### When recorded 

## return to: P~~ 

### COUNTY RECORDER 

## Clerk of the Board 

## Pinal 

## County 

## P.O. Box 

## 827 DA=/TIME: 01/08/08 

### 1034 

### FEE : 

### Florence, Arizona 

## 85232 $0.00



### A 

## RESOLUTION OF 

## THE 

## BOARD OF 

## COMMImING TOTAKE

## CERTAIN ACTIONSW 

# LT RIVER BASE AND MERIDIAN. 

## WHEREAS, the Pinal 

## Coun Board") is 

## empowered under A.R.S. 849-479 

## to adopt rules 

## lling the release of air contaminants throughout 

## the County, including
and incorporatedportionsof

## Township 1 North, 

## Range 8 

### East, 

## the manage the 

### network 

## of pave 

## ntifies that 

### portion of Pinal County 

## designated as commonly 

## known as Apache Junction, as a 

## portion of the



# ,

Nonattaiament 

## Area;
with the 

## approved serious area 

## plan for the 

### Phoenix 

## Planning Junction, unpaved roads are

## a 

## significantsource 

## in ApacheJunction. 

## WHEREAS, at 

## 72 Fed, Reg. 

## 13723 

## (March 23, 

## 2007) the 

## EPA found that 

### the 

### Phoenix Planning 

## Area, including Township 1 

### North, 

## Range 8 East, has failed to attain the 

## PM,, standard, 

## and that finding triggered 

## an obligation to submit by December 

## 31, 

## 2007 a 

## "5% 

## SIP" pursuant to Clean 

## Air Act 

## $189(d);

~~~~SIp~%~u)~k~ ITS



## - .- 

### -

## THJ3REFORE,for the 

## purposes ofi

0 

## Protecting 

## andpreservingthe 

## quality of 

## airwithin Pinal 

## County 

## in 

## a sensible and 

## orderly 

## manner;

0 

## Committing for purposes 

### of 

## the Phoenix nonattainment 

## area "5% 

## SIP" to the 

## definition an 

## ent of 

## control 

## measures to

## achieve 

## reductionsfrom 

## signifi north, Range 8 

## east;
the Pinal County 

## Board of 

## Supervisors resoIves to 

## rm each of 

## the following

## measures:
1. 

## COMMITMENT #1 

# - irt roads qualify as 

## a commits to the 

## following 

## measure: 

## unincorporated areas of Township 

## 1 

## existing county-owned 

## dirt roads that



## unty currently

## maintainsroadways

## in approximately 

## ern and

## easternportions

## ofTownship 1 

## north 

## Range 

## of several 

## businesses adjoining State 

## Route 88, 

## the exclusively residential. 

## BLM lands 

## lie to 

## the 

## north, and provide

## only neighborhoodaccess. 

## Almostall internal section-line


## halt 

## rock dust palliative,"

## which consists of a 

## double 

## chip seal 

## typically ver 

## a built-up 

## base. For the remaining unpaved roads ia 

## the 

## area, the 

## will identify and assess 

## traffic loads on 

## all existiog dirt 

## roads 

## on either 

## a dedicatedright-of-wayor 

## acounty-managedeasement

## ofrecord. The County

## will pave or 

## chip seal all county-owned

## roads that have

## an indicated traffic 

## loading of more 

## than 150 

## vehicles per 

## day.

2 ..~vamrj*U%p(an'XCsoh*~~~ rea

&

### Res~onsible Agency and Authority for Implementation: 

## This measure will be

, 

### irnplemened by 

### the 

## Pinal County Public Works Department. Legal authority for this action is provided under 

## A.R.S. 

## 9 11-251(4).
lmvlementation Schedule:
1. 

### May 

## 1, 2008 - 

### Complete 

## the invent0 roadways

## ondedicated rights-of-w of record.



## 3. December 3

## 1,2009-



## th existing staff, 

### without additional expense. Estimati

_I 

### will be 

## $300,000. accomplished either by adding 

## to or 

## reent Budget for 2008-2009.



## er 

## Laws 2007, Chapter 

## 292 

## (a.k.a. 

## Senate Bill 1552), 

## g on 

## June 1, 2008, 

## Pinal County 

## is obligated 

## to submit 

## a to the joint legislative budget committee of the Arizona 

## cumentingthe number of 

## miles of streets, 

## roads, alleys, shoulders 

## as paved 

## in the 

## Pinal 

## County portion of 

## the Phoenix 

## PM,,serious ent area, 

## namely Township 1 north, Range 8 east.



# INWITNESS WHEREOF,the undersigned, in 

## accord with 

## the vote of the 

### Pinal County Board of Supervisors 

## as duly reflected 

## in the minutes of the Board meeting, have executed this document 

## on behalf of the 

## Board of 

## Supervisors on this day of-kf

3 ..\rule&~~%plln~uuon\Cm& ns

-- -__I_III-- - --.----

## PINAL 

## COUNTY,a political 

## subdivision ofthe State of 

## Arizona,

By: 

# C\ Chainnan

## of the 

## Board of Supervisors 

# \\ 

# gx- r~*'tl Clerk 

## of the 

## Board of 

## Supervi
APPROVED AS 

## TO FORM: 

# /r'/\u
James 

# P. Walsh

### When recorded return to: Clerk of the Board Pinal County P.O. Box 827 Florence, Arizona 85232 ORDINANCE NO.051408-AQ1 AN ORDINANCE APPLICABLE THROUGHOUT INCORPORATED AND UNINCORPORATED PORTIONS OF PINAL COUNTY LYING WITHIN AREA A AS DEFINED IN A.R.S. 549-541,RESTRICTINGTHE USE OF LEAF BLOWERS. WHEREAS, the 2007 Arizona Legislature adopted Laws 2007, Chapter 292, commonly known as SenateBill 1552,and Section 5 of that Bill mandated adoption of revised county ordinances more stringently regulating the use of leaf blowers 

### in incorporated and unincorporated areas of Pinal County lying within Area A as defined in A.R.S. 949-541; WHEREAS, A.R.S. 

# 51 1-251.05 establishes the procedural requisites for the Board's adoption of ordinances, and, in context, those requisites have been met;

### THEREFORE, for the purposes of:



### 1. Protecting and preserving the quality of air within Pinal County in a sensible and orderly manner; 2. Committing for purposes of the Phoenix Planning Area PMio serious nonattainrnent area "5% SIP" to the definition and enforcement of control measures to achieve reductions from PMlo sources in Township 

### 1north, Range 

### 8 east; 

### and

,. 

### 3. 

### Responding to the statutory mandates of Senate Bill 1552;



### BE IT ORDAINED by the Board of Supervisors of Pinal county, Arizona, as follows: (Remainder ofpage intentionally left blank.)

### Ordinance No. 051408-AQ1
PINAL COUNTY LEAF BLOWER ORDINANCE FOR AREA A 1 

### Title. Pursuant to the mandate of A.R.S. $1

### 1-877, this Ordinance shall be known as the "Pinal County Leaf Blower Ordinance for Area A." 

### 2. 

### Applicability A. Geographic Applicability. Subject to any additional applicability limitations set forth below, the prohibitions under this ordinance apply to incorporated and unincorporated regions within the Pinal-County-portion of Area A as defined at A.R.S. 

### $49-541 (2007). B. Exemption for Permitted Sources. This ordinance shall not apply to any site, persons and activities covered by a permit or registration issued by the Pinal County Control Officer pertaining to the control of fugitive dust fiom earth moving or other dust generating operations 

### 3. Prohibition on Blowing Material into Roadways. In the unincorporated portions of ~inal-county-portion of Area A, no person shall cause, suffer or allow the use of a leaf blower to blow material into public roadways at any time. 

### 4. Prohibition on Using Leaf Blowers on Un-stabilized Surfaces. No person shall cause, suffer or allow the operation of a leaf blower except on surfaces that have been stabilized 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, or grass or other continuous vegetative cover, or any combination of those stabilizers. 

### 5. Effective Date The Ordinance shall take effect thirty days after adoption by the Board of Supervisors. 

### 6. Enforcement A. Violation 

## - Any person who violates a prohibition under this Ordinance shall be gzilty of a violation ofthe Ordinance. B. Limitations on Defenses. Actions that violate this ordinance shall be malum prohitum, and a lack of knowledge shall not constitute a defense.

, . . . , ;! , . 

### , , , -.

. , . . .>,;: :.',I 

### . .,-~

.. .. ..,., . ... .. , ,. . 

### !,. !-.. <, ,,i %. - .:,-:,.,:

. ..

### C. Penalty for Violation 

# - The punishment or imprisonment for a violation of this ordinance shall not exceed the maximum limitations for a class 1 

### misdemeanor. 

### 7. Definitions A. "Control Officer" as used in this ordinance, means the director and executive head of the Pinal County Air Quality Control District responsible for performing duties and exercising powers prescribed by law.


### IN WITNESS WHEREOF, the undersigned, in accord with the vote of the Pinal County Board of Supervisors as duly reflected in the minutes of the Board meeting, have executed this document on behalf of the Board of Supervisors on this day of ,2008. PINAL COUNTY, a political subdivision of the State of krizona, By : 

### Chairman of the Board of Supervisors ATTEST: Clerk of the Board of Supervisors APPROVED AS TO FORI'vf: James P. Walsh Pinal County Attorney By: Deputy County Attorney

### ArizonaAdministrativeRegister/Secretary 

### ofState 

### County Notices Pursuant to 

### A.R.S. 49-112
Township 4 South, Range 5 West through Range 1East 

### B. DESIGNATED OR OPENED TRAIL SYSTEM 

### - Roads or routes that are part of a system oftrails and that are designated or opened by a government land management agency by order, sign, andlor map approved by such agency. 

### C. ROAD OR HIGHWAY 

### - The entire width between the boundary lines of every way publicly maintained by the federal government, a city, a town or a county if any part ofthe way is generally open to the use ofthe public for purposes ofvehicular travel. For purposes ofthis ordinance, the term "road or highway" also includes designated or opened trail systems and service roads regardless of surface composition, and any other property dedicated or otherwise reserved for public or private street uses, as evidenced by a recorded document, orhaving thereon a public easement for such use. 

### D. VACANT LOTS 

# - Any of the following described in Section 2(D)(1) through Section 2(D)(4) ofthis ordinance: 1. An unsubdivided or undeveloped tract of land. 

### 2. A subdivided residential, industrial, institutional, governmental, or commercial lot that contains no approved or permitted buildings, structures, or uses of a temporary or permanent nature. 

### 3. A partially developed residential, industrial, institutional, governmental, or commercial lot. 4. For the purposes ofthis ordinance, a vacant lot is not a road or highway. 

### E. VEHICLE

# - A self propelled device and its appurtances, excluding devices moved by human power orused exclusively on stationary rails ortracks. 

### SECTION 3 

# - REQUIREMENTS A. RESTRICTED VEHICLE PARKING AND 

### USE: A person shall not park or use a vehicle on an unstabilized vacant lot within the unincorporated sections of Area A in Maricopa County. 

### SECTION 4

# - VIOLATIONS, NOTICES, AND PENALTIES A. A person who violates this Ordinance is guilty of a class 3 misdemeanor. 

### B. In addition to or in lieu of a fine pursuant to this section, ajudge may order the person to perform at least eight but not more than twenty-four hours of a community restitution course related to the off-highway operation of motor vehicles. 

### C. For violations of this Ordinance, the Enforcement Officer shall use auniform traffic ticket and complaint prescribed by the rules of procedure in civil traffic cases adopted by the Supreme Court. The Enforcement Officer may issue a citation to persons in violation ofthis ordinance. 

### SECTION 5

# - EXEMPTIONS A. The property owner, person entitled to immediate possession ofthe property, orinvitee who has lawhlauthority may operate such vehicles if such use does not violate any other applicable laws. 

### B. Any site that has been issued a permit by the Control Officer for the control of fugitive dust from dust generating operations. 

### NOTICE OF EXPEDITED RULEMAKING PURSUANT TO A.R.S. 

### $ 49-471.O1 et seq. 

### PINAL COUNTY AIR QUALITY CONTROL DISTRICT [M08-1471 

### 1. Preamble 2. The Pinal County Air Quality Control District, an operating division of Pinal County, proposes that the Board of Supervisors adopt new rules in response to recent legislative mandates. Those mandates require dust-proofing or stabilization for certain parking, ingress and egress areas in that portion of Pinal County lying within the Phoenix Planning Area PMlO nonattainrnent area. See A.R.S. 

## $8 49-474.01(A)(5) and (A)(6). The mandates also require restrictions on vehicle parking and use on unstabilized lots in the same area. See A.R.S. 

### $ 49-474.01(A)(11). Geographically, the proposed limitations apply in the Apache Junction Township, Township 1North, Range 8 East, Gila and Salt River Base and Meridian ("TIN R8EW). 3. Those wishing hrther information regarding any aspect of this proposal may contact Scott DiBiase, Planning Manager, Pinal County Air Quality, 3 

### 1N. Pinal St., Building F, Florence, AZ, 520-866-6969. To the extent possible, the District will also post information on the County's website, www.co.pinal.az.us, under the "air quality" link. 4. The Board of Supervisors has authority to adopt air quality rules. A.R.S. 

### $ 49-479. Given the obligatory nature of the action, this rule-adoption will follow the expedited rule-making process defmed in A.R.S. 

### $ 49-471.08. Following April 11,2008 Page 1153 Volume 14, Issue 

### 15

### ArizonaAdministrative 

### Register /Secretary of State 

### County Notices Pursuant to A.R.S. 49-112

publication of a notice ofproposed rulemaking and a 30 day public comment period, the proposal along with a summary of any comments received will be submitted to the Board of Supervisors for consideration and possible adoption. The date and location for the hearing-of-adoption before the Board of Supervisors will be separately scheduled and noticed in accord with the requirements of A.R.S. 

## 4 49-479 and 40 CFR 51.102. Tentatively, that hearing before the Board of Supervisors is scheduled for May 14,2008. 5. Given that this proposal responds to a statutory mandate, there are no supporting studies nor has the District prepared an economic, small business or consumer impact discussion. There are no prior register notices pertaining to this proposal. 6. If adopted, these revisions will take effect and become enforceable upon adoption by the Board of Supervisors, with the exception of deferred enforcement where allowed by statute. 7. To clearly identify those rules that will be presented for inclusion in the Arizona State Implementation Plan, corresponding revisions to $1-1-105 are also included. EPA guidance precludes SIP-approval for rules that allow unfettered Control-Officer discretion 

### in defming alterative control requirements. See EPA guidance entitled "Review of State Implementation Plans and Revisions for Enforceability and Legal Sufficiency," Michael S. Alushin, et al., Sept. 23, 1987. To the extent that proposed SIP rules $44-4-110, 4-5-160 and 4-6-200.B all allow for "control officer discretion" in defming case-by-case dustproofing and stabilization methods, in each case that latitude is objectively limited by the quantifiable and replicable limitation on allowable trackout from the subject parcel. 8. Pursuant to A.R.S. 

## 4 49-471.08(A)(2), Donald 

### P. Gabrielson, the Control Officer for the District, finds that Laws 2007, Chapter 292, $ 16 mandates that within the affected area the County require: maintenance of dustproof surfacing for parking, maneuvering, ingress and egress areas at developments other than residential buildings with four or fewer units; maintenance of paving or stabilization for parking, maneuvering, ingress and egress areas three thousand square feet or more in size and located at smaller residential developments; and restriction of vehicle parking and use on unpaved or unstabilized vacant lots. The Control Officer finds that the proposed rules are substantially identical to the sense, meaning and effect of the underlying statutory mandate. 9. Text of Proposed Rule Revisions New rules are identified as such. Changes to existing rules are shown by strike-through and underlining. Chapter 

### 1

### - General Provisions and Definitions (Existing) Article 1 

### - Provisions (Existing) 1-1-105. SIPlist (Existing) A. As a declaration ofBoard policy rather than a rule, and subject to the limitations of paragraphs 

### B. and C. of this section, the Board of Supervisors expressly designates the following list of sections within this Code, to be presented to the Governor of Arizona for transmittal to the Administrator of the EPA with a request that they be included as elements in the Arizona SIP: 1. Chapter 1 a. Article ].(As amended 5/14/97 and 5/27/98), except for $$I-1-105 and 1-1-107. b. Article 2 (As amended 5/14/97 and 7/12/00) except for $1-2-1 10. c. Article 3. (As amended 5/14/97, 5/27/98 and 10/27/04,except for $1-3-130 and the definition in $1-3- 140.82 (10112195) of "maximum achievable control technology.") 2. Chapter 2 a. Article 1.(As amended 10/12/95). b. Article 2. (As amended 5/14/97). c. Article 

### 3. (As amended 10/12/95). d. Article 4. (As amended 10/12/95). e. Article 5. (As amended 10/12/95). 

### f. Article 6. (As amended 10/12/95). g. Article 7. (As amended 10/12/95). h. Article 8. (As amended 5/18/05). 3. Chapter 3 a. Article 1. (As amended 5/14/97, and 5/27/98 and 7/12/00), excluding: I. 43-1-020 11.



## ... 53-1-045 HI. $3-1-080 iv. $3-1-100 Volume 14, Issue 15 Page 1 1 54

### Arizona AdministrativeRegister/Secretary of

### State 

### County Notices Pursuant toA.R.S. 

### 49-112

b. Article 2. (As amended 10112195, 5/27/98 and 7/29/98). c. Article 3. (As amended 10112195). d. Article 8. (As amended 10112195 and 10127104). 4. Chapter 4 a. Article 1. (As amended 2/22/95). b. Article 2. (As amended 5/14/97,7/12/00 and 10127104,excluding $$4-2-020 and 4-2-030). C. - Article 4. (As amended ,2008.) d. - Article 5. (As amended .2008.) e. Article 6. (As amended .2008. 

### 8. ~otwithsindin~ the approval as elements of the SIP o:those provisions of the Code identified in paragraph A of this section, those provisions, save 53-1-084 which shall be expressly exempted from the limitation of this paragraph, shall operate as elements of the SIP only insofar as they pertain to: 1. "construction," as defined in Nov. '93 Code $1-3-140.28; or 2. "modification," as defined in Nov. '93 Code $1-3-140.85; and C. Notwithstanding the approval as elements of the SIP of those provisions of the Code identified in paragraph A of this section,neither those provisions nor any permit conditions imposed pursuant to those provisions shall: 1. Operate as elements of the SIP insofar as they pertain to other than "conventional pollutants," as defined in $1- 3-140.33; 2. Operate as elements ofthe SIP insofar 

### as they pertain only to a requirement arising under, orpertain to a source subject to regulation exclusively by virtue of a requirement arising under: a. $ 111 ofthe Clean Air Act; or b. Title IV ofthe 1990amendments to the Clean Air Act; or c. Title VI of the 1990 amendments to the Clean Air Act; or d. Any section ofthis Code that is not a part ofthe SIP; 3. Operate as an element ofthe SIP, at least insofar 

### as they impose a "fee"; 4. Operate as an element of the SIP, at least insofar asthey require a "certification"; 5. Operate as an element of the SIP, at least insofar 

### as they impose obligationspertaining to "renewals"; 6. Operate as an element of the SIP, at least insofar as they impose requirements regarding "excess emissions"; or 7. Operate as an element of the SIP, at least insofar as they impose requirements regarding "compliance plans." D. As a renumbering and reconciliation of previously approved SIP provisions 

### as elements of this Code, the Board of Supervisors additionally designates the following list of sections within this Code, to be presented to the Governor of

# - Arizona for transmittal to the Administrator of the EPA with a request that they be included as elements in the Arizona SIP without operational limitation: 1. §$l-1-0lO.C (2122195) and 1-1-O1O.D (2122195)

### Declaration of Policy 2. Chapter 2, Article 8 (As amended 5/14/97) 

### VisibilityLimiting Standard 3. Chapter 3, Article 8 (2122195) 

### OpenBurning 4. [Reserved] 5. [Reserved] 6. [Reserved] 7. [Reserved] 8. [Reserved] 9. [Reserved] 10. [Reserved] 11. [Reserved] 12. $5-1 8-740 (2122195) 

### Storage ofOrganic Compounds

### - Organic Compound Emissions 13. $5-19-800 (2122195)

### Loading of VolatileOrganic Compounds

### - Organic Compound Emissions 14. $5-21 -920 (2122195)

### Fossil Fuel Fired Industrial and CommercialEquipment Standard Applicability 15. $5-2 1-93 0 (2122195 and 71 12/00)

### Fossil Fuel FiredIndustrial and CommercialEquipment Particulate Emission Standard 16. $5-22-950 (2122195)

### Fossil Fuel Fired Steam GeneratorStandardApplicability 17. 55-22-960 (2/22/95) 

### Fossil Fuel Fired Steam GeneratorSulfurDioxide Emission Limitation 18. $5-24-1030.F (2122195) 

### Generally Applicable Federally Enforceable Minimum Standard of Performance 

### - Organic CompoundEmissions 19. $5-24-1030.1 (2122195) 

### Generally Applicable Federally Enforceable Minimum Standard of Performance 

### - CarbonMonoxide 20. $5-24-1032 (2122195) 

### Federally Enforceable Minimuk Standard of Performance 

### - Process Particulate Emissions April 11, 2008 Page 1155 Volume 14,Issue 15

### ArizonaAdministrative Register /Secretary of

### State 

### CountyNotices Pursuant to A.R.S. 

### 49-112

21


### . $5-24-1040 (2122195) CarbonMonoxide Emissions 

### -Industrial Processes 22. $5-24-1045 (2122195) Sul'te Pulp Mills 

### - Sulfir Compound Emissions 23. $5-24-1050 (2122195, as amended June 20, 1996)ReducedSulfir Emissions -Default Limitation 24. $5-24-1 055 (2122195) Pumps and Compressors 

### - Organic Compound Emissions Chapter 4. 

### - Emissions from Existing and New Non-Point Sources Article 4 

### - Nonattainment Area Rules; Dustproofing for Commercial Parking, Drives and Yards (NEW) $4-4-100. Dustproofing for Commercial Parking, Drives and Yards; Applicability (NEW) A. Geographic Applicability. The "affected area" under this rule includes the Pinal-County-portion of the Phoenix Planning Area Serious PMlo nonattainment Area, identified as Township 1North, Range 8 East, Gila & 

### Salt River Base and Meridian. 

### B. Affected Parcels; Commercial Property. Property subject to this rule: 1. Includes any parcel, contiguous parcels, or any proximate combination ofparcels actually used for commercial purposes, including retail, office, meeting, governmental, industrial, service-business or commercial storage purposes; 2. Includes any parcel, contiguous parcels, or any proximate combination ofparcels actually used in a coordinated fashion and having five or more residential rental units; 3. Includes any common parking area at an otherwise affected parcel; and 4. Excludes any right-of-way legally established and actually maintained for travel by the public or to provide vehicular access to public utilities. 5. Excludes earthmoving activity at a site, or that portion of a site, covered by mitigation requirements under dust registration issued by the Pinal County Control Officer. C. Affected surfaces at a commercial property. 1. 

### Affected surfaces include any areas utilized on a regular basis for parking, maneuvering or ingress and egress of on- or off-road vehicles. Access lanes and working surfaces forvehicles shall qualify as affected surfaces. 2. Undisturbed surfaces are not affected surfaces, but only if those undisturbed surfaces are fenced or otherwise clearly distinguished from affected surfaces. Delineated long-term storage stalls, where a vehicle, trailer or other item is stored and not normally removed and replaced more than once in a sixty-day period shall also be considered undisturbed surfaces. $4-4-110. Control Requirement (NEW) A. On and after the effective date, the owner andlor operator of any commercial property shall install and maintain permanent dustproof surfacing for all affected surfaces. For purposes ofthis rule, "owner or operator" means any person who owns, leases, operates, controls, or supervises an affected area. 

### B. For purposes of this rule, permanent dustproofing shall consist of one of the following, implemented in a manner that meets the maintenance standard ofthis rule: 1. Paving with asphaltic concrete; 2. Paving with Portland cement based concrete; 3. Surfacing with a penetrating asphalt and a gravel surface, commonly known as chip sealing; 4. Surfacing with and uniformly maintaining a two-inch deep layer of rock having a nominal size of 114" or larger; 5. Surfacing with a two-inch deep layer of recycled asphalt; 6. Surfacing with any other surface treatment that has been approved by the Pinal County Control Officer; or 7. 

### Initially, and at such other times as may be requested by the Control Officer, demonstrating to the satisfaction of the Pinal County Control Officer on a form as required by the Control Officer and pursuant to a test method approved by the Control Officer, that the average threshold friction velocity ofthe native soil surface, corrected fornon-erodible elements, is at least 100cdsecond. C. Maintenance Permanent dustproofing shall be maintained in a manner that both: 1. Prevents visible track-out; and

Volume 

### 14,Issue 15 

### Page 1156 April 11, 2008

### Arizona Administrative Register/Secretary of

### State 

### County Notices Pursuantto 

### A.R.S. 49-112

2. Meets the performance standards of Code $4-2-040.A and .B, requiring reasonable precautions to effectively prevent vehicle-generated dust from becoming airborne. 64-4-120. Deferred enforcement date (NEW) The Control Officer shall commence enforcement ofthe requirements ofthis Article no sooner than October 1,2008. Article 5

# - Nonattainment Area Rules; Stabilization for Residential Parking and Drives (NEW) 84-5-150. Stabilization forResidential Parking and Drives; Applicability (NEW) A. Geographic Applicability. The "affected area" under this rule includes the Pinal-County-portion of the Phoenix Planning Area Serious PMlo nonattainment Area, identified as Township 1North, Range 8East, Gila & Salt River Base and Meridian. 

### B. Affected Parcels; Residential Property. Property subject to this rule: 1. Includes any parcel, contiguous parcels, or any proximate combination of parcels actually used coordinated fashion and having four or fewer residential rental units; 2. Includes any common parking area at an otherwise affected parcel; 

### 3. Excludes any right-of-way legally established and actually maintained for travel by the public or to provide vehicular access-topublic utilities; and 4. Excludes earthmoving activity at a site, or that portion of a site, covered by mitigation requirements under dust registration issued by the Pinal County Control Off~cer. C. Affected Surfaces at a Residential Property. 1. Affected surfaces include any areas in excess of 3,000 square feet utilized on a regular basis for parking, maneuvering or ingress and egress ofon- or off-road vehicles. 2. Undisturbed surfaces are not affected surfaces, but only if those undisturbed surfaces are fenced or otherwise clearly distinguished from affected surfaces. Delineated long-term storage stalls, where a vehicle, trailer or other item is stored and not normally removed and replaced more than once in a sixty-day period shall also be considered undisturbed surfaces. $4-5-160. Control Requirement 

### (NEW) A. On and after the effective date, the owner andlor operator of any residential property shall install and maintain stabilized surfacing for all affected surfaces. For purposes of this rule, "owner or operator" means any person who owns, leases, operates, controls, or supervises an affected area. B. For purposes of this rule, a stabilized surface shall consist of one of the following, implemented in a manner that meets the maintenance standard ofthis rule: 1. Paving with asphaltic concrete; 2. Paving with Portland cement based concrete; 3. Surfacing with a penetrating asphalt and a gravel surface, commonly known as chip sealing; 4. Surfacing with and uniformly maintaining a two-inch deep layer of rock having a nominal size of 114" or larger; 5. Surfacing with a two-inch deep layer of recycled asphalt; 6. Watering with sufficient frequency so as to maintain a crust on the surface; 7. Surfacing with any other surface treatment that has been approved by the Pinal County Control Officer; or 8. Initially, and at such other times as may be requested by the Control Officer, demonstrating to the satisfaction ofthe Pinal County Control Officer on a form as required by the Control Officer and pursuant to a test method approved by the Control Officer, that the average threshold friction velocity of the native soil surface, corrected fornon-erodible elements, is at least 100 cm/second. C. Maintenance Surface stabilization shall be maintained in a manner that both: 1. Prevents visible track-out in excess often feet in length; and 2. Meets the performance standards of Code 64-2-040.A and .B, requiring reasonable precautions to effectively prevent vehicle-generated dust from becoming airborne. 64-5-170. Deferred enforcement date (NEW)
April 11,2008 Page 1157 Volume 14,Issue 15

### ArizonaAdministrative Register/Secretary ofState 

### County 

### Notices 

### Pursuant to 

### A.RS. 49-112

The Control Officer shall commence enforcementofthe requirements of this Article no soonerthan October 1,2009. Article 6 

# - Nonattainment Area Rules; Restrictions on Vehicle Parking and Use on Vacant Lots (NEW) 54-6-200.Unpaved and Unstabilized Vacant Lots; Restriction on Vehicle Parking and Use; Applicability (NEW) A. Geographic Applicability. The "affected area" under this rule includes the 

### PMlo-non-attainment-area portion ofthe Pinal-County-portion of Area A 

### as defined at A.R.S. $ 

### 49-541, including: Township 1north, range 8 east B. 

### Affected Parcels; Vacant Lots. Property subject to this rule includes any unpaved or unstabilized vacant lot. For purposes of this definition, adjoining commonly owned parcels shall be deemed a single lot. For purposes of this definition, a stabilized surface constitutes a surface that does not produce visible trackout when a vehicle leaves the lot, and shall consist of one of the following: 1. Paving with asphaltic concrete; 2. Paving with Portland cement based concrete; 3. 

### Surfacing with a penetrating asphalt and a gravel surface, commonly known as chip sealing; 4. Surfacing with and uniformly maintaining a two-inch deep layer of rock having a nominal size of 114" or larger; 5. Surfacingwith atwo-inch deep layer of recycled asphalt; 6. Watering with sufficient frequency so as to maintain a crust on the surface; 7. Surfacingwith any other surface treatment that has been approved by the Pinal County Control Officer; or 8. Initially, and at such other times as may be requested by the Control Officer, demonstratingto the satisfaction of the Pinal County Control Off~cer on a form as required by the Control Officer and pursuant to a test method approved by the Control Officer, that the average threshold friction velocity ofthe native soil surface, corrected for non-erodible elements, is at least 100 cm/second. $4-6-210. Control Requirement (NEW) 1. A property owner or operator shall restrict vehicle parking and use on an unstabilized vacant lot. For purposes of this rule, "owner or operator" means any person who owns, leases, operates, controls, or supervises an affected area. 2. No person shall park any motor vehicle on any vacant unstabilized lot. The vehicle operator and all persons in whose names the vehicle is registered shall bejointly and severally prima facie responsible for any violation of this prohibition. Article 7 

### - Attainment Area Rules; Restrictions on Vehicle Parking and Use on Vacant Lots (NEW) $4-7-230. Unpaved and Unstabilized Vacant Lots; Restriction on Vehicle Parking and Use; Applicability 

### WW) A. Geographic Applicability. The "affected area" under this rule includes the PMlo-attainment-areaportion of the Pinal-County-portion of Area A as defmed at A.R.S. $ 

### 49-541, including: Township 

### 1north, range 8 east Township 

### 1north, range 9 east Township 1 

### south,range 

### 8 east Township 1 south, range 9 east Township 2 

### south, range 8 east Township 2 

### south, range 9 east Township 3 

### south, range 7 east Township 

### 3 south, range 8 east Township 3 

### south, range 9 east B. 

### Affected Parcels; Vacant Lots. Property subject to this rule includes any unpaved or unstabilized vacant lot. For purposes of this definition, adjoining commonly owned parcels shall be deemed a single lot. For purposes of this definition, a stabilized surface constitutes a surface that does not produce visible trackout when a vehicle leaves the lot, and shall consist of one of the following: Volume 14,Issue 15 Page 1158 April 11,2008

### Arizona Administrative Register/Secretary ofState 

### County Notices Pursuant to A.R.S. 49-112
Paving with asphaltic concrete; Paving with Portland cement based concrete; Surfacing with a penetrating asphalt and a gravel surface, commonly known as chip sealing; Surfacing with and uniformly maintaining a two-inch deep layer of rock having a nominal size of 114" or larger; Surfacing with a two-inch deep layer ofrecycled asphalt; Watering with sufficient 

### frequency so as to maintain a crust on the surface; Surfacing with any other surface treatment that has been approved by the Pinal County Control Officer; or Initially, and at such other times as may be requested by the Control Officer, demonstrating to the satisfaction of the Pinal County Control Officer on a form as required by the Control Officer and pursuant to a test method approved by the Control Officer, that the average threshold fiiction velocity ofthe native soil surface, corrected for non-erodible elements, is at least 100 cmlsecond. $4-7-240. Control Requirement 

### (NEW) 1. A property owner or operator shall restrict vehicle parking and use on an unstabilized vacant lot. For purposes of this rule, "owner or operator" means any person who owns, leases, operates, controls, or supervises an affected area. 2. No person shall park any motor vehicle on any vacant unstabilized lot. The vehicle operator and all persons in whose names the vehicle is registered shall be jointly and severally prima facie responsible for any violation of this prohibition.

April 11,2008 Page 1159 Volume 14,Issue 15

-*--.
-------I 

### - 

# - 

# -

## SECRETARY 

## CF STATE
Plllal County

### Air Quality ColltrolDistrict 

# 2008

# APR 25 PH 

# 3: 

# 37 P. 

### 0.Box 987 Florence,Arizona 85232 

# FlLED (520)866-6929 Fax: (520)866-6754

April 25,2008 

## -Intendedfor 

### Pubbcation on May 

### 16,2008
PINAL COUNTY

NOTICE OFFXPEDITED RULE MAKING

PURSUANT TOA.R.S. 49-471 .O1 

### el seq. UlNUi 

## ccuN-r\' AIR (11 JALITY Preamble Tile filal Couuty 

### Air Quality Colltrol District, rul opemhlg division of Pulal County, proposes tllat tlle Pulal County Board of Supenisors adopt new rules 

### in response to recent legislativemandates. Those mandates require adoptioll of a process to require stabhtioll of disturbed surfaces at vacant lots. See A.R.S. 5549- 474.0 1 (A)(11).Tlle affected 

### areaincludes tllat portion of Plllal County lyiug witlllll tlle Plloelk Plarulllig Area PMlO ~lonattailment area, namely the ApacheJmlction 

### TOWI~S~UP, Tou~1slup 1North, Range 

### 8 East, Gila and Salt River Base aud Meridian,Plllal County,Arizona ("TIN R8E'). Those wislliughither lllformatiollregarding any aspect of tllis proposalmay contact Scott DiBiase, Planning Mauager,PudCounty 

### Air Quality, 31 North Pulal St., Building

### F, Flore~lce, Arizona, 520-866-6969. Tothe extent possible, tlle District 

### udalso post ulformatioll on the Coulty'swebsite, www.co.pri~d.az.us, under tlle 

### "airqualit)r 

### link.
The Board of SupeMsorsllas autllorityto adopt air quality rules. A.R.S. 549-479. Given tlle obligatoly nature of the action, this rule-adoptio~l wdl follow tlle expedited rule-making process defuled InA.R.S. 549- 471.08. Followi~lg publication of a notice ofproposed rulemakulgand a 30 day public comment period, the proposal alongwith a summary of any comrnellts received will be submitted to the Board of Supervisorsfor collsideratio~l and possible adoption. The date and location for tlle llearitlg-of-adoptionbefore tlle Board of Supervisorswill be separately scheduled and noticed iu accord witll tlle requirementsofA.R.S. 549-479 and 40 C.F.R. $51.102. Tentatively,tllat Ilearitlgbefore tlle Board ofSupervisorsis scheduled forJune 18,2008. Given that tllls proposal respoilds to a shtutory mandate, tllere are 110 suppodilg studies nor llas tlle District prepared ax1 eco~lomic, small business or collsumerimpact discussion. Tllere are 110prior register notices pertainingto tlus proposal. If adopted, tllese revisiolls 

### wdl take effectand become ellforceableup011 adoptionby the Board of Supervisors,witll tlle exception of deferred ellforcementwhere allowed by statute. Toclearly idenhfy those rules tllat wiU be presellted for ulclusioll hl tlle Arizona State Impleme~ltatioll Phl tlle proposal also iucludes correspolldlllgrevisions to 51-1-105. Tllat rule eiiumerates tl~ose rules tllat tl~e Board has designated for proposed ulclusioll in tlle EPA-approved Arizona State ImplemelltationPlau.
Pursuant to A.R.S. 549-471.08(A)(2), Donald P. Gabnelson, the Colltrol Officerfor the District,finds tllat Laws 2007, Cllapter292, 516 mandates tllat nitlllll tlle dected area the County establish a system to requiretlle stahilizatioii of disturbed surfaces at vacant lots, including: notice to tlle owlier; where necessary, a right of enwby tlle county in order to stabilize the offeliding area; aid, to tlle extent comlty action is required, a riglit ofrecoupmerltagainstthe owner ul favor of the county. Tlie Co~itrol Officerhlds tllat the proposed rules are substantially idelltical to the sense,mealuig and effect of tlie u~iderlylllg statutorymandate. Specifically,ui view oi'tlle obvious legislative objective ol'mandating a system to dealul a timely fasluoil with a failure by property owners 10 address unstabilized lots, tlie Coil1101 Oficer finds tllat the legislative intent supports a cWication dehlulgthe mailing date as the effective date for purposes of establislllllga compliancedate or biggerh~g a11 appeal opportunity. 

### If actual service orcodirmatio~i ofreceipt of notice 

### was required and the owlier could iiot be fourid or reached, tlie couity stabhati011 effort could be stymed indefinitely and tllat result would co~lflict with tlie clear legslativeintent. 

### 9 Text 

### of Proposed Rule Revisions
Cliapter 1

### - GelieralProvisious and Defuutio~ls Article 1

### - Provisioils 1-1-105. SIP

### list A. As a declaration of Board policy ratller tlian a rule, and subjectto the limitationsof paragfaplls 

### B. aud C. of this section, the Board of Supervisors expressly designatesthe followillg list of sectiollswitlllll this Code, to be presented to the Covenlor ofArizona for transmittal to tlie Adrniuistrator 

### OFtlle 

### EPA with a request that they be uicluded aselementsin the Arizona SIP: 1.Chapter 1 a. Article 1.(Asamended 5/14/97 and 5/27/98),except for 551-1-105 and 1-1-107. b. Article 2 (Asamended 5/14/97 aid 7/12/00) except for $1-2-110. c. Article 3. (As amended 5/14/97,5/27/98 and 10/27/04., except for 51-3130 and tlle definition in 51-3-140.82(10/12/95)of "maximum achievable co~ltrol teclulology.") 2.Cllapter 2 a. Article 1. (As amended 10112/95). b. Article 2. (As amended 5/14/97). c. Article 

### 3. (As amended 10/12/95). d. Arhcle 4. (As amended 1011Y95). e. Article 5. 

### (As amended 10112/95). 

### f. Article 

### 6. (As amelided 10/12/95). g. Article 7. (As amended 1011 2/95). 11. Arhcle 8. (As amended 5118/05). 

### 3.Cliapter 

### 3 a. Article 

### I. (As amended 5/14/97, a11d 5/27/98 and 7112/00), excluding: 

### i. $3-1-020 

### ii. §3-1-045 iii.§%I-080 iv. §3-1-100 

### b. Article 2. (As amended 10/12/95,5/27/98 and 7/29/98). c. Article 3. (As amended 10/12/95). d. Article 

### 8. (As amelided 1011 2/95 and 10/27/04). 

### 4.Cllapter 4 a. Article 1. (Asamended 2/22/95). 

### b. Article 2. (As amended 5/14/97, 7/12/00 and 10/27/04, excludiig SS4-2-020 and 42-030). c. Article 4. (Asamended 

### ,2008.) d. Article 5. (As amended ,2008.) 0-e. Article 

### 6. (As amended 

### ,2008.)

. bcle8. (Asamended - ,

### 2008.) B. Notwitllstandulg tlle approval as elements of the SIP of tliose provisions of tlle Code identdied ul paragrap11 A of tllis section,those provisions, save 

### 53-1-084 wlucll sllall be expresslyexempted from tlle lirmtatioll of tllis paragraph, shall operate as elements of tlle SIP only ulsofar as they pertah to: 

### 1. "co~lstruction," as defuled hl Nov. 

### '93 Code 

### 51-3-1 4*0.28;or 

### 2. hoditication," as defuled hl NOV. 

### '93 Code 

### 51-3-140.85; and 

### C. Notwitl~stauding tlle approval as elements of tlle 

### SIP of those provisiolls of the Code identified in paragrap11

### A of tllis section, ileitlier tllose provisions nor any permit conditions imposed pursuant to tllose provisions sllall: 

### 1. Operate as elemeilts of tlle SIP iusofar as tlley pertah to otllertllan "conventiollal pollutants,"as defuled 

### iu 51-3-1 4.0.33; 2. Operate as elemeuts of tlle SIP ulsofar as tlley pertah ollly to a requirement arisingunder, or peaain to a source subjectto regulation exciusively by virtue of a requirement arising under: a. 

### 51 11 of tlle Clean Air Act; or b. Title 

### IVof tlle 

### 1990ameildments to the Clea~ 

### Air Act; or c. Title 

### V1 of tlle 

### 1990amelldme~lts to tlle Clean 

### Air Act; or 

### d. Any section oftllis Code that is not a part of tlie SIP; 

### 3. Operate as al element oftlle SIP, at least ulsofar as tliey impose a "fee"; 

### 4. Opcratc as an element of the 

### SIP, at least lllsofar as they require a "cedication"; 

### 5. Operate as an element oftlle SIP, at least insofar as tlley impose obligations pertaining to "renewals"; 

### 6. Operate as a1 element of tlle SIP,at leastulsofar as tliey impose requirementsregarding "excess emissions~ or 

### 7. Operate as a11 element of tlle SIP, at least insofar as they impose requirementsregarding 'compliaice plal1s." 

### D. As 

### a reilumberingand recollciliatioli of previously approved SIP provisio~ls as elementsof tllls Code, the Board of Supervisorsadditiol~ally designatestlle followiuglist of sectiolls witllul tllis Code, to be presented to the Govenlor ofArizona fortransmittalto tlle Admk~istrator of tlle 

### EPA with a request that they be included as elements lutlie Arizolla SIP without operatioxla1htation: 

### 1. §§I-1-0lO.C (2122195)and 

### 1-1-O1O.D (2/22/95) Declamtion ofPobcy 

### 2. Cllapter 

### 2, Article 

### 8 (As amended 

### 5/14J97) Virbi?i~yLicnihgStandard 

### 3. Chapter 

### 3, Article 

### 8 (2122195) OpenB&g 

### 4. [Reserved] 

### 5. [Reserved.] 

### 6. [Reserved] 

### 7. [Reserved] 

### 8. [Reserved] 

### 9. [Reservedl 

### 10. [Reserved] 

### 11. (Reserved] 

### 12. 55-1%740 (Y22/95) Storage ofOrgaruc Compounds

### - 0-c Compoundlhissions 

### 13. $5-19-800 (2/22/95) Loading 

### ofVolahr'e Oqpmi- Compounds- 

### 0-c Compound~ssions 14. 

### 55-21-920 (2/22/95) Fossil FuelFired 

### Industrial and CommercialEqmp~nent Standard Appficabilib 

### 15. 55-21-930 (2/22/95and 

### 7112/00) FossilFuelFired hdustn2and Comme~ial Eqwpment PartrculateEi12LTsionStandard 

### 16. $5-22-950 (2/22/95) Fossil FuelFi-edSteam GeneratorStandardAppficab&& 

### 17. 55-22-960(2122195)FossilFuel Fi-edSteam Gene~or S& Diom'de Einission Limitarion 

### 18. 55-24-1 0303

### (2122195) Generally AppficableFederallyEdorceable

### MhinumStandard of Performance 

### - Orgruu'c Compom~d Edons19. $5-24-1030.1 (2122195) 

### GeneratlyAppbcabIeFederal/}/ Ehforceable

### M&um Staudard of Pedor~na~ce 

# - CarbonMonoxide 20. 55-241 032 (2122195)

### FededyEdorceable

### Mi~klun StaudardofPerfoxmance

### - Process P~culat~ ~ssions 2 1. 55-24- 104.0(2122195) 

### CarbonMonoside Emissions

# -Indusm'dProcesses 22. 55-24

### 1045 (2122195)

### Sulfie PulpMills 

### - S& 

### Cbmpoundikissions 23. 55-241050 (2/22/95,as amendedJune 20,1996) 

### Reduced Sufi~sions 

# -Dehd Limita0011 24. 55-241055 (2122195)

### Pumps and Compressors

### - Owc 

### CompoundEmssions Cllapter 4.. 

### - Emissiolls from Existing and New Noil-Poult Sources Article 

### 8

### - NoliattaiumeiltArea Rules: Requiremelltfor Stabilization of Disturbed Areas at Vacant Lots 548-260. Stabilizatioilof Disturbed Areas at Vamlt Lots; Applicabihty

The "affectedarea"under tllis rule uicludes the Phial-Coultv-portion ofthe Plioerlix Pla~n~i~lg AreaSerious 

### PMlo ilollattaiurneelltArea,identified as Tolvlisllip 1North, Range 8 East, Gila & Salt River Base and Meridian. 

### B. Aflected Parcels; Vacant 

### Lots. 1. For purposes of this rule, "vacantlot* meals a parcel oflaxd on wllicl~ tllere are 110 approved or permitted pemlellt or temporary buildhim or structures. 2. For purposes of tlus rule, where an ow-ner liolds a lion-vacantlot. "vacantlot" does not include a colltiguous parcel or parcels adjollllliathat 11011-vacant lot. but the exemption appliesoidv 

### if tile ~arcels are subject to comrnoil legal or equitable o~~lerslip and tlle parcels are used iu fact as a singlelot. 

### 3. For purposes ofthus rule, a "vacantlotVoes not include tlie site of a disturbed surface area tliat is subiectto control ofdust ~e~leratit~a operations pursuant to a dust re,cistratio~l issued by tlie Coiltrol Officer pursuant to Cllapter 4, Article 3 ofthese rules. 4. For pmoses of tlus rule, a "vacaltlot"does not include die site of a disturbed surface area tllat is subiectto a1industrialpermit issued bv die Co~itrol Oficerpursuant to Cllapter 3 of these rules. C. Affected Areas WithVacant

### Lots; Disturbed Surfaces 1. For purposes oftlns rule. "disturbed surface"meals a portion of the eartlis surface or material dared on the eartli's surfacethat lias been pllvsically moved. micovered,destabhzed or otlienvise moddied from its midisturbed native co~lditioll 

### if the pote~ltial for the emssioll of fupitive dust 1smealirlghdyincreased bv tl~e movemeill, destabilizatioilor modification. 2. For purposes oi'tllis rule, "disturbedsuriaceVoes not include:

a.

### hlvarea that is subject to a co~ltrol of dust generating operations pursuant to dust registration issued by tlie Colltrol Officer pursuant to Chapter 

### 4.Article 

### 3 of these rules. b.hlvarea that is disturbed as a result ofllormalfarm cultural practice.c.Any area while tile activity causingthe disturbanceis still proceeding. s48-270. Stabhation Notice; fight of Lltrv; Recoupmeillof Costs; Rid11 to Appeal 

### A. Iftile Control Officerfulds tllat an unpaved disturbed surface at a vacant lot subject to tllis Article requires stabllizatioil,the Control Oficer may provide a written notice to the owner orthe owner's agent that the mlpaved disturbed surface is required to be stabilized. 

### B. Tile notice sllall: 

### 1. Be given not less than tllirty days before tlle date set for compliance;
2. Recite the factual basis for the lot ice; 

### 3. I~lclude a leddescriptio~l of the property;
4. hlform the owner that 

### if lle does not stabilize tlle lot prior to the compliaice date, the comity 

### will have autl~ority to enter tl~e lot to stabilize tlie dsturbed surface at tlle expense of tlle owner; 5. hiclude tlle estmated cost to the coulltvfor the stabhation

### if tlle owner does not comply;
6. 11lformthe owner that the notice coilstihltes an appealable agency action, and that the owner llas a < of adrrmlislntive appeal pursuant to A.R.S. S49-47 1.15.
C. Tlle notice shall be eitllerpersoi~allv served or mailed by certified mail to tlle owner's statulory agent, to tlle owner at the omler's last lulown addressorto the addressto wllich the tnubill for tlle propem: was last maded. For purposes of establishuig a compliance date and triggering an appealperiod, mailed notice shall be effective upon m&w. 548-280. Deferred e~lforceme~lt date Tlle Co~ltrol Officer sllall commence ellforcemeilt ofthe requireme~its oftllis Article 110sooner than October I,2008.

### PlNAL COUNTY DEPARTMENT OF DEVELOPlVlENT SERVICES I 

### AIR QUALITY CONTROL DISTRICT .I 

### ~0,~ 

# .:pG POST OFFICE BOX 987, 

### FLORENCE, ARIZONA 

### 8523a8, 

## y(-) 

## - a/ q4-l 

### ! 

# "s/*, Donald 

## P. Gabrielson Director Tel: (520) 866-6924 

# 481~~ Fax: (520) 866-6967 '

## 36

Notice of Public Hearing

Pertaining to Revisions to 

## Pinal County Air Quality Rules

In response to the mandate of A.R.S.§I1-877 as amended by Section 16 of Laws 2007, Chapter 292 ("Senate Bill 1552") the District proposes that the Board of Supervisors consider proposed revisions to the Pinal County Air Ql~ality Control District Code of Regulations. Those mandates require stab~lization of disturbed surfaces at vacant lots, including noticeto the owner and,where necessary, a right of entry by the county in orderto stabilize the offending area along with a corresponding right of recoupment against the owner in favor of the county. The affected area includesthat portion of Pinal County lyingwithin the Phoenix Planning Area PMI0 nonattainment area, namely the Apache JunctionTownship, Township 1 North, Range 8 East, Gila and Salt River Base and Meridian ("TIN R8E"). The Board of Supervisors w~ll hold a public hearing at 9:30 a.m. on June 18,2008, to consider ,the proposed revisions to the Air Quality Code of Regulations. The public hearingwill be held inthe Board of Supervisors Hearing Room, 31 North Pinal St. Building A, Florence,Arizona. Copies of the proposed revisions are on-line in the May 16, 2008 edition of the ArizonaAdministrative Register, which is available on-line atwww.azsos.gov. The proposal may also be inspected at the Pinal County Air Quality offices, at the address set forth below.Thosewishing further information regarding any aspect ofthis proposal maycontact Scott DiBiase, Planning Manager, Pinal CountyAir Quality, 31 North Pinal Street, Florence, AZ. 85232, or by calling 520-866-6929.