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SECTION 41

— FUGlTVE OuST
41.1 Prohibitions: 41.1.1 Any person engaged in activities involving the dismantling or demolitfonofbuildings, public or private construction, the operation ofmach ines and equipment, the grading of roads, trench— ing operations, the operation and use ofunpaved parking facilities, agricultural operations, use and operation of livestock arenas, horse arenas and feed lots, and operation and use of raceways for motor vehicles shall take all ‘reasonable pre cautions.to abate fugitive dust emissions from the real property on which it originates. Rea sonable precautions may include, but are not limited to cleaning up, sweeping, sprinkling, compacting, enclosure,chemical,or asphalt sealing, or such other measures as the Control Officermay specify to accomplish satisfactory results; 41.1.2 No owneror lessee oT any real property located within Clark County, Nevada, or in any incorporated city therein, upon which the topsoil has been dis turbed or the natural cover removed prior to January 28, 1973, shall allow the same to remain unoccupied, unused, vacant,or undeveloped unless reasonable pre cautions are taken to prevent fugitive dust, origina ting from such property, from becoming airborne; .41.1.3 Noperson shall cause or permlt..the handling, trans— portlng,or storage ofany material In a mannerwhich allows or may allow controllable particulatematter to become airborne 41.1.4 Sand and abrasive blasting operations will not•be permitted unless effective enclosures or other such dust control devices Including but not limited to the Injection ofwater have been installed to pre— vent excessive sand and dust dispersal. 41.2 Off-road vehicle and motocross racing:41.2.) No person shall‘cause, permit,orallow the conduct ofoff—road vehcle racing ormotocross racing within the designated boundaries of the Non—Attain mentArea as defined in Section 1 ofthese Regula tions unless adequate dust control measures are provided and approved in advance by the ControlOfficer41.2.2 Hotocross racingwill only be permitted at perma nent motocross race courses within the Non—Attain mentArea. 41.2.3 Permanentmotocross race courses, within the Non— AttainmentArea as defined in SectIon 1 

### ofthese • Regulations, shall be registeredwith and permitted by the Control Officer in accordancewith Subsections 

### 15.1 and 

### 15.6. 41.3 Correction ofcondition: 41.3.1 Ifloose sand, dust, or dust particles are found • to exist in excess ofacceptable limits, as deter mined by the Control Officer, the Control Officer shall notify theowner, lessee, occupant, operator, or user ofsaid land that said situation is to be corrected within a specified period oftime, depen dent upon the scope and extentoftheproblem. The

- failure to correct said situation within the speci fied period oftime shall be in violation of this Section. 41.4 Remedial Action: 41.4.1 The Control Officer, his designated agent, or any other authorized representativeofthe Health Depart ment, afterdue notice shall be further empowered to enterupon any said landwhere any sand ordust problemexists, and to take such remedial and cor— rective action as may be deemed appropriate to cope with, and relieve, reduce, or remedy the existent sandand dust situation and condition, when the owner, occupant, operator, or

### any tenant, lessee, orholder ofany possessory interestor right in the Involved land fails to do so.

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