ADZQ O!j"L/Ty D/~/ISJUN 

00APt?23 A#/(: I 1 

Town of Buckeye 

Public Works Department 

Environmental/Regulatory Section 

423 Arizona Eastern Avenue, Buckeye, Arizona 85326 (623) 349-6819 Fax (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 regarding the 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, cell 
I 

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 of the 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 controlling the 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 of Buckeye, Maricopa County, Arizona, as follows: 

SECTION 1: The Town Code of the Town of Buckeye, Chapter 9 is hereby 

amended by adding new 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 or without water to a dust source or any 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 of the Town of 

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 as but not limited to movement of 

soil, vehicles, equipment, blasti~ig and wind. 

D. "High Traffic Dirt Road" means a11 unpaved road with more than 

100 average daily trips. 

E. "Landscape Debris" means debris generated or accu~i~ulated asa 

result of, or ~noved in the course of landscape operations. 
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 air that 

is designed, or used, to move landscape debris. 

G. "PM-10" means the standard adopted by the Environmental 

Protection Agency that focuses on smaller particulates in the air 

that are likely responsible for adverse health effects because of 

their ability to reach the lower regions of the respiratory tract. The 

PM-10 standard includes particulates with a diameter of 10 

micrometers or Jess. 

H. "Pave" means to apply and maintain asphalt, concrete, or other 

similar material 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 of any kind that is used by the public or that is open 

to the public as a matter of right, including those roadways within 

gated communities, for the purpose of vehicular travel. 

J. "Trackout" means any and all materials that adhere to and 

agglomerate on the surfaces of motor vehicles, haul trucks, andlor 

equipment (including tires) and that have fallen or been deposited 

onto a paved area accessible to 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 a paved area accessible to 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 Code of the Town of Buckeye, Chapter 9, Article 9-7 is 

hereby mended as follows: 
9-7-3.~: Unpaved Areas 

1. Parking, maneuvering, ingress, and egress areas at developments 

other than residential buildings with four or fewer units shall be 

maintained with one or more of the following dustproof paving 

methods: 

a. asphaltic concrete, 

b. cement concrete, 

c. penetration treatment of bituminous material and seal coat 

of bituminous binder and a mineral aggregate, or 

d. a stabilization method approved by the Code Compliance 

Officer. 

2. Parking, maneuvering, ingress, and egress areas 3,000 square feet 

or more in size at residential buildings with four or fewer units 

shall be maintained with one or more of the following dustproof 

paving methods: 

a. asphaltic concrete, 

b. cement concrete, 

c. penetration treatment of bituminous material and seal coat 

of bitulninous 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 if the nuniber of vel~ieles 

expected exceeds fifty. 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 ' ' 

andlor control 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 distance of 25 linear feet or Inore. 
5. The provisions of Paragraphs 9-7-3.D. I, and 2 do not apply to 

any site that has a permit issued by a control ol'licer as defined 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 leaf blower to blow 

lal~dscape debris or dust into a public roadway. 

2. Leaf or air blowers used for landscape maintenance having a 50 

cubic centimeter engine or larger shall be prohibited. 

3. Theprovisions of Paragraph 9-7-3.F do not apply to any site that 

has a perinit issued by a control officer as defined in Arizona 

Revised Statutes Scction 49-471 for the control of fugitive dust 

from dust generating operations. 

4. Subject to the procedural requirements of Article 7A-9, the Code 

Compliance Officer may impose a civil penalty of fifty dollars for 

the first violation of this Section. Upon a second violation of this 

Section, the Code Compliance Officer may impose a civil penalty 

of one hundred dollars. After the third and subsequent violations of 

this Section, the Code Compliance Officer may impose a civil 

penalty of two hundred fifty dollars. 

9-7-3.G: S~eed Limit on Hinh Traffic Dirt 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 15 miles per hour. 

2. A violation of this Section shall constitute a civil traf'tic violation 

and the violator shall be subject to a civil sanction as provided 

under the Town Code; 

This Article 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 

this Article, 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~ned a 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 

determine compliance with 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 of the 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 or occupant at the written 

or oral request of the Town and shall not be replaced. The 

costs of such access shall be borne by the property owner 

or occupant. 

B. Search Warrants 

If the Town has been refused access to any part of the premises 

found to be in violation ofthis Chapter, and he/she is able to 

demonstrate probable cause to believe that there may bc a 

violation of any provision of this Chapter, or that there is a need to 

verify compliance with this Chapter or any order issued hereunder, 

or to protect the overall public heallh, safety, and welfare of the 

community, the Town may seek issuance of a search warrant from 

any court of competent jurisdiction. 

SECTION 3: The Town Code of the Town of Buckeye, Chapter 12, Article 12-2 

is hereby amended as follows: 

12-2: 13: Vehicular Use and Parking on Vacant Lots 

A. No person shall operate a vehicle on or across any pol-tion of a 

vacant lot l~nless the property is dustproofed pursuant to Town 

Code or the site has been issued a Maricopa County permit for the 

control of fugitive dust froin dust geilerating operations. 

B. If inore than one complnintis received about unauthorized 

vehicular access on a vacant lot, the owners oi'the vacant lot shall 
be 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 granite covering or 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 of this Section shall constitute a civil traffic violation 

and the violator shall be subject to a civil sanction as provided for 

such violations under the Town Code. In addition to or in lieu of a 

fine pursuant to this section, a judge may order at least eight but 

not more than twenty-four hours of a cominu~~ity restitution course 

related to the off-highway operation of motor vehicles. 

E. For violations of this Ordinance, the Peace officer shall use a 

uniform traffic ticket and complaint prescribed by the Town Code 

and rules of procedure in civil traffic cases adopted by the Arizona 

Supreme Court. The Code Compliance Officer may issue a citation 

to persons in violation of this Section pursuant to Article 7A-9 of 

the Town Code. 

12-2- 15: Operation of Vehicles 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-lent and 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, a judge 

may order the person to perform at least eight but not more than 

twenty-four hours of community restitution or to complete an 

approved safety course related to the off-highway operation of 

motor vehicles or both. 

SECTION 4. The provisions of this 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'rlay of dL, 2.008. 

ATTEST: 

APPROVED AS TO FORM: 

' Scott Ruby, ~ownAttorne~ 

Bobby ~ryant, Mayor