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# Town of

# Buckeye PublicWorks Department 

## Environmental/Regulatory Section 423Arizona Eastern Avenue, Buckeye, Arizona 85326 (623) 349-6819Fax (623)349-6850



### April 21, 2008 Diane Arnst Planning Section Manager ADEQ Air Quality Division 1110

### W. Washington St. Phoenix, 

### AZ 85007 Federal Express No. 8620 8387 8760

Dear Ms. Arnst: On behalf of the Town of Buckeye, please find the enclosed ordinance adopted on March 20, 2008 to fulfill the commitments of the 2007 

### MAG Five Percent Plan for PM-10 and the requirements of Senate Bill 1552. The ordinance went into effect 30 days after its adoption. If you should require any additional information regardingthe enclosed, please contact either myself or Lucky Roberts, Environmental Regulatory Coordinator, at (623)349-6813. Sincerely,

Lori 

### M. Brown Environmental Compliance Officer lbrown@buckeyeaz.~ov 623-349-6819, desk 623-695-3034, cellI



### ORDINANCE NO. 14-08 

### AN ORDINANCE OF 

### THE MAYOR AND TOWN COLTNCIL OF THE TOWN 

### OF BUCKEYE, ARIZONA, AMENDING THE TOWN OF BUCKEYE CODE CHAPTERS 

### NINE, AND TWELVE, RELATED TO 

### AIR QUALITY, DUST CONTROL, AND VEHlCULAR USE ON UNPAVED ROADWAYS WHEREAS, the purpose of this Ordinance is to provide for the health, safety and general welfare ofthe residents of the Town of Buckeye by improving air quality through the regulation of dust and PM-I0 particulates to the maximum extent practicable as required by federal and state law. This Ordinance provides for the methods for controllingthe introduction of dust and PM-I 0 into the air. 

### NOW, THEREFORE, be it ordained by the Mayor and tlie Town Council of tlie Town ofBuckeye, Maricopa County, Arizona, asfollows: 

### SECTION 1: The Town Code of the Town of Buckeye, Chapter9 is hereby amended by addingnew Section 9-7-1-1 and the following definitions thereunder: 9-7: Dust Control. 

# I 9-7-1

### -1 : Definitions A. LLD~~t Suppressant" means water, hygroscopic material, solution of water and chemical surfactant, foam, non-toxic chemical stabilizer, a chemical compound or mixture of chemical compounds added with orwithout water to a dust source orany other dust palliative which is not prohibited for ground surface application by the Environmental Protection Agency and that has been approved by the Code Compliance Officer. 

### B. "Code Compliance Officer" means a person ofthe Townof Buckeye Community Development Department appointed under Article 7A-2 of the Town Code. C. "Fugitive Dust" means tl~eparliculate matter not collected by a capture system that is

### in the ambient air and is caused li-om human and/or natural activities such asbut not limited to movement of soil,vehicles, equipment, blasti~ig and wind. 

### D. "High Traffic Dirt Road" means a11unpaved road with more than 100average daily trips. 

### E. "Landscape Debris" means debris generated or accu~i~ulated asa result of, or ~noved in the course 

### of landscapeoperations.

### Landscape debris includes, but is not limited to, grass clippings, leaves, branches, vegetative matter, rubbish, soil and rock. F.

, 

### "Leaf Blower" means any device that generales a stream of airthat is designed,orused, to move landscape debris. G. 

### "PM-10" means the standard adopted by the 

### Environmental Protection Agency that focuses on smallerparticulates in the air that are likely responsible for adverse health effectsbecause of their ability to reach the lower regions ofthe respiratory tract. The 

### PM-10 standard includes particulates with a diameter of 10 micrometers orJess. 

### H. "Pave" means to apply and maintain asphalt, concrete, or other similarmaterial to a roadway surface (i.e.,asphaltic concrete, concrete pavement, chip seal,or rubberized asphalt). 

### I. "Public Roadway" means any street, alley, road, highway, thoroughfare ofany kind that is used by the public orthat is open to thepublic as amatter ofright, including those roadways within gated communities, for the purpose ofvehiculartravel. J. 

### "Trackout" means any and all materials that adhere to and agglomerate onthe surfacesofmotor vehicles,haul trucks, andlor equipment (including tires) and that have fallen orbeen deposited onto a paved area accessibleto the public. 

### K. "Trackout Control Device" means a gravel pad, grizzly, wheel wash system, or a paved area, located at the point of intersection of an unpaved area and apaved area accessibleto the public that controls or prevents vehicular trackout. 

### L. "Unpaved Parking Lot" rneans any area that is not paved and that is used for parking, 'maneuvering, material handling, or storing motor vehicles and equipment. An unpaved parking lot includes, but is.not limited to, automobile impound yards, wrecking yards, a~~tomobile dismantling yards, salvage yards, material lla~ldling yards, and storage yards.

SECTION 2: 

### The Town Codeofthe Town of 

### Buckeye, Chapter 

### 9, Article 9-7 

### is hereby mended asfollows:9-7-3.~: Unpaved Areas 

### 1. Parking, maneuvering, ingress, and egress areasat developments other than residential buildings with four or fewer units shall be maintained with one or more ofthe following dustproofpaving methods:

a. asphaltic concrete, b. cement concrete,

c. penetration treatment ofbituminous material and seal coat ofbituminous binder and a mineral aggregate,or d. a stabilization method approved by theCodeCompliance Officer. 2. Parking, maneuvering, ingress, and egressareas 3,000square feet ormore in sizeat residential buildings with four or fewer units shall be maintained with oneor more ofthe following dustproof paving methods:

a. asphaltic concrete, b. cement concrete,

c. penetration treatment of bituminous material and seal coat ofbitulninous binder and a mineral aggregate, or d. a stabilization method approved by the Code Compliance Officer. 

### 3. Owners of unpaved areas used for parking must obtain 

### a permit from the Community Development Department for the purposes of special event parking on such property ifthe nuniber of vel~ieles expected exceedsfifty. All such special event parking permits shall require co~npliance with Sections 

### 9-7- 3.D, Paragraph 3. 4. 

### If trackout occurs from any unpaved parking lot,the owner andlor operator shall repair andlor replace the trackout co~~trol device ' ' andlorcontrol measure(s) and shall clean-up immediately such trackout tiom areas accessible to the pirblic including curbs, g~~tters, and sidewalks,when tracko~rt exter~ds from the properly boundary 

### a culnulative distanceof

### 25 linear feet or Inore.5. Theprovisions of Paragraphs 

### 9-7-3.D.I, and 2 do not apply to any sitethat has apermit issued by a control ol'licer asdefined in Arizona Revised Statutes Section 49-471 for the control of fugitive dust from dust generating operations. 9-7-3.F: Leaf Blower Restriction 1. It shall be unlawful for a person operating a leafblower to blow lal~dscape debrisor dust into a public roadway. 2. Leaf or air blowers used for landscape maintenance having a 

### 50 cubiccentimeter engine or larger shall be prohibited. 

### 3. Theprovisions ofParagraph 9-7-3.F donot apply to any sitethat has a perinit issued by a control officer as defined in Arizona Revised Statutes Scction49-471 for the control of fugitive dust from dust generating operations. 4. Subject to theprocedural requirements ofArticle 7A-9, the Code Compliance Officermay impose a civil penalty of fifty dollars for the first violation of this Section.Upon a second violation ofthis Section, the Code Compliance Officer may impose 

### a civil penalty ofone hundred dollars. After the third and subsequent violations of this Section,the Code Compliance Officer may impose a civil penalty oftwohundred 

### fifty dollars. 9-7-3.G: S~eed Limit on Hinh TrafficDirt Roads 1. It shall be unlawful for any person to operate a motor vehicle on high traffic dirt roads, so designated by posting, within the Town limits at a speed greater than 

### 15miles per hour. 2. A violation ofthis Section shall constitute a civil traf'tic violation and the violator shall be subject to a civil sanction asprovided under the 

### Town Code; ThisArticle 9-7 shall be enforced pursilant to the requirements of Article 7A-9 

### of 

### the Town Code. In addition to tlie enforcement process and penlilties provided in thisArticle, any condition caused or permitted to exist in violaticln of any of' the provisions of this Article is 

### a threat 

### to public health, sal'ety, and welfare, and is declared and clee~neda nuisance, and may be summarily debased or restored at the violator's expense, andlor a civil action to abate, en.joili or otherwise co~npel the cessation of such ni~isance may be taken.9-7-6 Compliance Monitoring A. Right of Entry: Inspeclion The Town shalI be permitted to enter and inspect property subject to regulations under this chapter as often as may be.necessary to determinecompliancewith this chapter. 1. If a property owner or occupant has security measures in force, which require proper identification and clearance before entry into its premises, the property owner or occupant shall make the necessary arrangements to allow access to representatives ofthe Town. 2. Any temporary or permanent obstruction to safe and easy access to the property to be inspected shall be promptly removed by the property owner oroccupant at the written or oral request ofthe Town and shall not 

### be replaced. The costs of such access shall be borne by the property owner oroccupant. 

### B. SearchWarrants 

### Ifthe Town has been refused access to any part ofthe premises found to be in violation ofthisChapter, and he/she is able to demonstrate probable cause to believe that there may bc a violation ofany provision ofthis Chapter, orthat there is a need to verify compliance with this Chapter or any order issued hereunder, or toprotect the overall publicheallh, safety, and welfare ofthe community, the Town may seek issuance of a search warrant from any court of competentjurisdiction. SECTION

### 3: TheTown Codeof the Town of Buckeye, Chapter 12,Article 12-2 is hereby amended asfollows: 12-2: 13: Vehicular Use and Parking on Vacant Lots A. No person shall operate a vehicle on or across any pol-tionof a vacant lot l~nless theproperty is dustproofed pursuant to Town Code orthe site has been issued a Maricopa County permit for the control of fugitive dust froin dust geilerating operations. 

### B. If inorethan onecomplnintisreceived about unauthorized vehicular access on a vacant lot, the owners oi'the vacant lot shallbe required to take action to prohibit vehicular access to the vacant lot. 

### C. The owner of an open commercial parcel shall either install curbing with a two inch granitecoveringor erect a ditch and berm (three feet high and three feet deep) around the perimeter of the open parcel to prevent vehicular access to the open parcel. 

### D. A violation ofthis Section shall constitute a civil traffic violation and the violatorshall be subjectto a civil sanction asprovided for such violations under the Town Code. In addition to or in lieu ofa finepursuant to this section, ajudge may order at least eight but not more than twenty-four hours ofa cominu~~ity restitution course related to the off-highway operation ofmotor vehicles. 

### E. For violations ofthis Ordinance, the Peace officer shall use a uniform traffic ticket and complaint prescribed by the Town Code and rules ofprocedure in civil traffic cases adopted by the Arizona SupremeCourt. The Code Compliance Officer may issue a citation to persons in violation ofthis Section pursuant 

### to Article 7A-9

### of the Town Code. 12-2-15: Operation ofVehicles on Public and Private Land A. It is unlawful for the driver of a motor vehicle to drive a vehicle in or upon the property of another without having in his possession the written permission of the property owner or person legally entitled to possession of the property. No person charged with violating this section shall be found responsible and such charge against him shall be dismissed, if he subsequently produces in 

### court the aforesaid written permission. 

### B. It is unlawful 

### for any person to operate any motor vebicle, including an off-highway vehicle, an all-terrain vehicle or an oft: road recreational motor vehicle, on an unpaved surface that is not a public or private road, street or lawful easen-lentand that is closed by the landowner by rule or regulation of a federal agency, this state, a county or the Town or by proper posting if the land is private land. This section does not apply to the operation of vel~icles used 

### in the normal course ol' business or ihe nor~nal course of goveniment operations. C. 

### A violatio~l of any provision of subsection 

### B of 

### this Section shall be a class 3 misdemeanor as provided in A.R.S. 9-500.27.

### D. In addition to or in lieu of a tine pursuant to this section, ajudge may orderthe person to perform at least eight but not more than twenty-four hours of community restitution or to complete an approved safety courserelated to the off-highway operation of motor vehicles orboth. 

### SECTION 4. Theprovisions ofthis Ordinance are hereby declared to be severabte. If any provision, clause, sentence, or paragraph of this Ordinance or the application thereof to any person, establishment or circumstance is held invalid, such invalidity shall not affect the other provisions or application of this Ordinance.

### PASSED AND ADOPTED by the 

### May r and 

### Town Council of [he Town of 

### Buckeye, Arizona, thioIx'rlayof

# dL, 2.008.



### ATTEST:

APPROVED AS 

### TO FORM:

'

### Scott Ruby, 

### ~ownAttorne~ Bobby 

### ~ryant, Mayor