### Chapter 8.54 

### FUGITIVE 

### DUST CONTROL Page 1

### of 8

Cathedral City MunicipalCode UP Previous Next Main Collapse Search Print



### Title8 BUILDINGS AND CONSTRUCTION Chapter 8.54 FUGITIVE DUST CONTROL

......... . .. ........, . .......,..... .................... ..........." ........,..,, " "" "-. "" " .... ...... "...." .......

The purpose of this chapter is to establish minimum requirements for construction and demolition activities and other specified sources in orderto reduce man-made fugitive dust and the corresponding PMlO emissions. (Ord. 583 

### 4 1,2004)

8.54.020 Definitions.

-.

-.. -, .,. .. . . . . ,..,,,. ,. ,.."

-. . . .. - - For the purpose of this chapter, the following definitions are applicable. "Agricultural operations" means any operationdirectly related tothe growing ofcrops, or raising of fowls or animals for the primary purpose of making a livelihood. "AQMD" is the South Coast Air Quality Management District and the representatives thereof. "Average daily traffic (ADT)" means the number ofmotor vehiclesthat traverse a given unpaved or paved surface during a specified twenty-four-hour period. ADT levels are calculated asthe average daily volume over a specified forty-eight-hourperiod 

### as determined by the city in consultationwith the AQMD. "Bulk material" means all sand, gravel, soil, aggregate and other organic and inorganic particulate matter. "Chemical dust suppressants" means non-toxic chemical soil binders that are not prohibited for use by the city, the California Regional Water Quality Control Board, the CaliforniaAir Resources Board, the U.S. Environmental Protection Agency (U.S. EPA), or any other law, rule or regulation, used to reduce dust on disturbed surfaces. "Coachella Valley best available control measures (CVBACM)" are methods to prevent or mitigate the emission and/or airbornetransport of fugitive dust, as identified in the Coachella Valley Fugitive Dust Control Handbook. "Coachella Valley Fugitive Dust Control Handbook" is the most recently approved reference document by the AQMD that includes a description of fugitive dust control measures, guidance for preparation of fugitive dust control plans, notification, forms, signage provisions and test methods. "Construction activities" means any on-site activities preparatory to or related tothe building, alteration, rehabilitation or improvement ofproperty, including, but not limited to the followingactivities: grading, excavation, trenching, loading, vehicular travel, crushing, blasting, cutting, planning, shaping, breaking, equipment staginglstorage areas, weed abatement activities or adding orremoving bulk materials from storage piles. "Demolition activities" means the wrecking ortaking out of any load supporting structural member of a structure or building and related handling operations or the intentional burning of any structure or building. "Disturbed surfacearea" means any portion ofthe earth's surface (or material placed thereupon) that has been physically moved, uncovered, destabilized or otherwise modified from its undisturbed native condition (including vehicular disturbances) thereby increasing the potential for the emission of fugitive dust. This definition does not include land that has been restored to a native condition, such that the vegetative ground cover and soil characteristics are equal to surrounding native conditions. "Earth-moving operations" means the use ofany equipment for an activity where soil is being moved or uncovered. "Finish grade" means the final grade of the site that conforms tothe approved gradingplan. "Fugitive dust" means any solid particulate matter that becomes airborne, other than that emitted from an exhaust



### h c 

### e c eche c eh c 

### h 

### f e ff

### Chapter 8.54 FUGITIVE DUST CONTROL Page 2 of 

### 8

stack, directly or indirectly as a result ofhuman activities. PMIO is a subset of fugitive dust and is defined as particulate matter with an aerodynamic diameter often microns or less. "Fugitive dust control plan" means a document that describes fugitive dust sources at a site and the corresponding control measures and is prepared in accordance with the guidance contained in the Coachella Valley Fugitive Dust Control Handbook. "High-wind episode" is when wind speeds exceed twenty-five miles per hour as measured by: A. Theclosest AQMD monitoring station, or 

### B. A certified meteorological monitoring station, or C. An on-site wind monitor calibrated and operated on-site in accordance with the manufacturer's specifications with a data logger or stripchart. "Operator" means any person who owns, leases, operates, controls or supervises any potential fugitive dust generating operation subject to the requirements of this chapter. This definition includes any person who has been officially designated by a property owner asthe person responsibleforfugitive dust control at a site, as indicated in an approved fugitive dust control plan. "Paved road" means an improved street,highway, alley,public way or easement that is covered by roadway materials (e.g., cement, asphalt or asphaltic concrete). "Physical access restriction" means any barrier, includingbut not limited to: curbs, fences, gates, posts with fencing, shrubs, trees or other measures that areeffective in preventing vehicular and off-highway vehicle (OHV) use of a specified site. "Silt" means any bulk material with a particle size less that seventy-five micrometers in diameter that passes through a Number two-hundred sieve as determined by American Society of Testing and Materials (ASTM) Tesf Method C 136or any other test method approved by the U.S. EPA and AQMD. "Site" means the real property on which construction, demolition or other activities subjectto this chapter may
occur. "Stabilized surface" means any portion of land that meets the minimum standards as established by the applicable test method contained in the Coachella Valley Fugitive Dust Control Handbook. "Stabilized surface" means any portion of landthat meets the minimum standards as established by the applicable test method contained in the Coachella Valley Fugitive Dust Control Handbook. "Storage pile" means any accumulation of bulk material with a height ofthree feet or more and atotal surface
area ofthreehundred ormore square feet. "Temporary unpaved parking lots" means those used lessthan twenty-four daysper year. "Unpaved parking lot" means an area utilized for parking vehicles and associated vehicle maneuvering that is not covered with roadway materials (e.g., cement, asphalt or asphaltic concrete). "Unpaved road" means any service roads, internal access roads, heavy and light duty equipment paths and other roadways which are not covered by typical roadway materials (e.g.,cement, asphalt, asphaltic concrete). (Ord. 583 fj 2,2004)

8.54.030 - - Performance - - standardsandtest methods. All performance standards and test methods referenced in this ordinance shall be based on the methodologies included in the Coachella Valley Dust Control Handbook. (Ord. 583

### 5 3,2004)

### Chapter 

### 8.54 FUGITIVE DUST CONTROL Page 3 of 8

A. Work Practices-All Fugitive Dust Sources. 

### I. No operator shall conduct any potential dust-generating activity on a siteunless the operator utilizes one or more Coachella Valley best available control measures, asidentified in the Coachella Valley Fugitive Dust Control Handbook for each fugitive dust source such that the applicable performance standards aremet. 2. Any operator involved in any potential dust-generating activity on a site with a disturbed surfaceareagreater than oneacre shall, at a minimum, operate a water application system as identified in the Coachella Valley Fugitive Dust Control Handbook, if watering isthe selected control measure. 3. No person subject to the requirements contained in subsection (A)(l) shall cause or allow visible fugitive dust emissions to exceed twenty percent opacity, or extend more than one hundred feet either horizontally orvertically from the origin ofa source, or cross any property line. B. Construction and Demolition Activities. 1. Any operator applying for a grading permit, or a building permit for an activity with a disturbed surface area of more than five thousand square feet, shall not initiate any earth-moving operations unless a fugitive dust control plan has been prepared pursuant to the provisions of the Coachella Valley Fugitive Dust Control Handbook and approved by the city. 2. A complete copy ofthe approved fugitive dust control plan must be kept on site in a conspicuousplace at all times and provided to the city and AQMDupon request. 3. Any operator involved in demolition activities shall comply with AQMDRule 1403 (Asbestos Emissions froin Demolition/Renovation Activities) requirements, and the requirements of Title 40, Part 61ofthe Code ofFederal Regulations. 4. Any operator involved in earth-moving operations shall implement at least one ofthe following short-term stabilization methods duringnon-working hours:

a. Maintaining soilsin a dampcondition as determined by sight ortouch; or b. Establishment ofa stabilized surface through watering; or

c. Application ofa chemical dust suppressant in sufficient quantities and concentrations to maintain a stabilized surface. 

### 5. Within ten days ofceasing activity, an operator shall implement at least one ofthe following long-term stabilization techniques for any disturbed surface areawhere construction activities arenot scheduled to occur for at least thirty days:

a. Re-vegetation that results in seventy-five percent ground coverage provided that an active watering system is in place at all times; or b. Establishment ofa stabilized surface through watering with physical access restriction surrounding the area;
or
c. Use of chemical stabilizers to establish a stabilized surface with physical access restriction surrounding the area. 6. Any operator shall remove all bulk material track-out from any site access point onto any paved road open to through traffic:

a. Within one hour if such material extends for a cumulative distance ofgreater than twenty-five feet from any site access point; and b. At the conclusion ofeach workday. 7. Any operator ofa project with a disturbed surface area of five or more acres or ofany project that involves the import or export ofat least one hundred cubicyards ofbulk material per day shall install and maintain at least one



### h c 

### e c eche c eh c 

### h f 

### e ff

### Chapter 

### 8.54FUGITIVE DUST CONTROL Page 

### 4 of 

### 8

of the following control measures at the intersection of each siteentrance and any paved road open to through traffic with all vehicles exiting the site routed over the selected device(s):

a. Pad consisting ofminimum one inch washed gravel maintained in a clean condition to a depth of at least six inches and extending at least thirty feet wide and at least fifty feet long; or b. Paved surface extending at least one hundred feet and at leasttwenty feet wide; or
c. Wheel shakerlwheel spreadingdeviceconsisting ofraised dividers (rails, pipe or grates) at least three inches tall and at least six inches apart and twenty feet long, or d. A wheel washing system. 8. Any operator required to submit a fugitive dust control plan under subsection (B)(I) shall install and maintain project contact signagethat meetsthe minimum standards ofthe Coachella Valley Fugitive Dust Control Handbook, including a twenty-four-hour manned toll-free or local phone number, prior to initiating any type of earth-moving operations. 9. Any operator of a project with a disturbed surface area offifty or more acres shall have an environmental observer on the site or available on-site within thirty minutes of initial contact that:

a. Is hired by the property owner or developer; and b. Has dust control asthe sole or primary responsibility; and

c. Has successfully completed theAQMD Coachella Valley fugitive dust control class and has been issued a certificate of completion for the class; and d. Is identified in the approved fugitive dust control plan as having the authority to immediately employ sufficient dust mitigation twenty-four-hours per day, seven days a week to ensure compliance with this ordinance, the approved fugitive dust control plan, and AQMD regulations. 10. No operator required to submit a fugitive dust control plan under subsection (B)(l) shall cause or allow visible fugitive dust emissionsto exceed twenty percent opacity, or extend more than one hundred feet either horizontally orvertically from the origin of a source, or cross any property line. 1I. Exceedance ofthe visible emissions prohibition in subsection (B)(10) occurring due to a high-wind episode shall constitute aviolation of subsection (B)(l O), unless the operator demonstrates to the city all the following conditions:

a. All fugitivedust control measures or applicable Coachella Valley best available control measures were implemented and maintained on site; and b. Theexceedance could not have been prevented by better application, implementation, operation or maintenance ofcontrol measures; and

c. Appropriate record keeping was compiled and retained in accordance with the requirements of subsections (B)(12)through (B)(15); and d. Documentation ofthe high-wind episodeon the day(s) in question is provided by appropriate records. 12. Theoperator of a project within ten acres or more of earth-moving operations shall:

a. Forward two copies (eight and one-halfby eleven inch) of a site-specific stand alone fugitive dust control plan to theAQMDwithin ten days after approval by the city. (Note: A separate AQMD approval will not be issued); and b. Notify the city and the AQMD at least twenty-four hours prior to initiating earth-moving operations. 13. Any operator involved in earth-moving operations shall compile, and maintain for a period ofnot less than three years, daily self-inspection record keeping forms in accordancewith the guidelines contained in the Coachella Valley Fugitive Dust Control Handbook.

### Chapter 

### 8.54FUGITIVE DUST CONTROL Page 

### 5 of 8

14. Any operator involved in earth-moving operationsthat utilizes chemical dust suppressants for dust control on a site shall compile recbrds indicatingthetype ofproduct applied, vendor name, and the method, frequency, concentration, quantity and date(s) ofapplication and shall retain such records for a period ofnot lessthan three years. 15. Any operator subject to the provisions of subsection (B)(12) shall notify the city and the AQMD within ten days ofthe establishment ofthe finish grade or at the conclusion ofthe finished gradinginspection. C. Disturbed Vacant LandsIWeed Abatement Activities. 1. Ownersofproperty with a disturbed surface areagreaterthan five thousand square feet shall within thirty days ofreceiving official notice by the city prevent trespass through physical access restriction aspermitted by the city.2. In the event that implementation ofsubsection (C)(l)is not effective in establishing a stabilized surface within forty-five days ofrestricting access, the owner shall implement at least one ofthe following long term stabilization techniques within an additional fifteen days, unless the city has determined that the land hasbeen restabilized:

a. Uniformly apply and maintain surface gravel or chemical dust suppressants such that a stabilized surface is formed; or b. Begin restoring disturbed surfaces such that the vegetative cover and soil characteristics are similar to adjacent or nearby undisturbed native conditions. Such restoration control measure(s) must be maintained and reapplied, if necessary, such that a stabilized surface is formed within eight months ofthe initial application. 3. Any operator conducting weed abatement activities on a sitethat results in a disturbed surface area offive thousand or more square feet shall:

a. Apply sufficient water before and during weed abatement activities such that the applicable performance standards are met; and b. Ensure that the affected area is a stabilized surface once weed abatement activities have ceased. 4. No person subject to the provisions ofsubsections (C)(l)through (C)(3) shall causeor allowvisible fugitive dust elnissions to exceed twenty percent opacity, or extend more than onehundred feet either horizontally or vertically from a source, or cross any property line, and shall either:

a. Maintain a stabilized surface; or b. Maintain a threshold friction velocity for disturbed surface areas corrected for non-erodible elements ofone hundred centimeters per second or higher. 5. Within ninety days ofordinance adoption, operators ofproperty with disturbed surface areaoffive thousand
or more square feet shall notify the city ofthe location of such lands and provide ownercontact information. 

### 6. Any person subject to the provisions of subsections (C)(l)through (C)(3) shall compile, and retain for a period of not less than three years, records indicatingthe name and contact person ofall firms contracted with for dust mitigation, listing ofdust control implements used on-site and invoices from dust suppressant contractorslvendors. D. Unpaved Roads. 1. Owners ofprivate unpaved roads with average daily traffic levels between twenty and one-hundred and 

### fifty vehicles must take measures (signage or speed control devices)toreduce vehicular speeds no more than fifteen miles per hour. 2. Owners of a cumulative distance of sixor less miles of private unpaved roads shall pave each segment having
one hundred and fifty or more averagedaily trips or, alternatively apply and maintain chemical dust suppressants in accordance with the manufacturer's specifications for atravel surface and the performance standards included in subsection (D)(4) in accordance with the following treatment schedule:

a. One-third of qualifying unpaved road segments within oneyear ofordinance adoption; and



### h c 

### e c 

### eche c 

### eh c 

### h 

### f e 

### ff

### Chapter 8.54FUGITIVE DUST CONTROL Page 6 of 

### 8

b. Remainder ofqualifying unpaved road segments within three years ofordinance adoption. (Note: Treatments in excess of annual requirements can apply to future years). 3. Owners of a cumulative distance of more than sixmiles ofprivate unpaved roads shall stabilize each segment having one hundred and fifty ormore average daily trips in accordance with the following treatment schedule:

a. At least twomiles paved or four miles stabilizedwith chemical dust suppressants in accordance with the manufacturer's specifications for a travel surface and the performance standards established in subsection (D)(4) within oneyear of the ordinance adoption; and b. At leasttwomiles paved or four miles stabilized with chemical dust suppressants in accordance with the manufacturer's specifications for atravel surface and the performance standards included in subsection (D)(4) in accordance with the following treatment schedule annually thereafter until all qualifying unpaved roads have been stabilized. (Note: Treatments in excess of annual requirement can apply to future years). 4. Owners of any private unpaved road shall not allow visible fugitive dust emissions to exceed twenty percent opacity, or extend more than onehundred feet either horizontally orvertically from the origin of a source, and shall either:

a. Not allow silt loading to be equal to or greater than one-third ouncesper square foot; or b. Not allow the silt content to exceed sixpercent. 

### 5. Within ninety days of ordinance adoption, owners ofunpaved roads shall provide tothe city and the AQMD the location and ADT estimates for all unpaved roads. 6. Owners of unpaved roads that utilize chemical dust suppressants shall compile, and retain for a period of not less than three years, records indicating the type of product applied, vendor name and the method, frequency, concentration, quantity and date(s) of application. E. Unpaved Parking Lots.. 1. Owners of parking lots established subsequentto ordinance adoption are required topave such areas, or alternatively apply and maintain chemical dust suppressants in accordance with the manufacturer's specifications for traffic areas and the performance standards included in subsection (E)(4). 2. Owners ofexisting private unpaved parking lots shall implement oneofthe following control strategies within one hundred and eighty days or ordinance adoption:

a. Pave; or b. Apply and maintain dust suppressants in accordance with the manufacturer's specifications for traffic areas ,andthe performance standards included in subsection (E)(4);

c. Apply and maintain washed gravel in accordance with the performance standards included in subsection (E) (4). 3. Owners of private temporary unpaved parking lots (thosethat are used twenty-four days or less per year) shall apply and maintain chemical dust suppressants in accordance with the manufacturer's specifications for traffic areas and the performance standards included in subsection (E)(4) prior to any twenty-four-hour period when more than forty vehicles are expected to enter and park. The owner of any temporary unpaved parking lot greater than five thousand square feet shall implement the disturbed vacant land requirements contained in subsection (C) during nonparking periods. 4. The operator of any private unpaved parking lot shall not allow visible fugitive dust emissions toexceed twenty percent opacity, or extend more than onehundred feet either horizontally or vertically from the origin of a source, and shall either:

a. Not allow silt loadingto be equal to or greater than one-third ounces per square foot; or b. Not allow the silt content to exceed eight percent.

### Chapter 

### 8.54FUGITIVE DUST CONTROL Page 

### 7 of 

### 8

5. Within ninety days of ordinance adoption,owners ofunpaved parking lots shall provide to the city and the AQMDthe location and ADTestimates and the size (in square feet) of unpaved parking lots. 

### 6. Owners of unpaved parking lots that utilize chemical dust suppressants or apply gravel shall compile, and retain for a period of not less than three years, records indicating the type of product applied, vendor name and the method, frequency, concentration ,quantity and date(s) ofapplication. F. Public or Private Paved Roads. 

### 1. Any owner or paved roads shall construct, or require to be constructed all new or widened paved roads in accordance with the following standards:

a. Curbing in accordancewith theAmerican Association of State Highway and Transportation Officials guidelines or as an alternative, road shoulders paved ortreated with chemical dust suppressants orwashed gravel in accordance with the performance standards included in subsection (D)(4)with thefollowing minimum widths:


### Average Daily Trips 500

### - 3,000 3,000 or greater 

### Minimum ShoulderWidth 4 feet 8 feet

b. Paved medians or as an alternative, medians surrounded by curbingand treated with landscaping, chemical dust suppressants, or washed gravel applied and maintained in accordance with the performance standards included in subsection (D)(4). 2. Any owner ofpublic or private paved roads shall remove or causetobe removed any erosion-caused deposits of greaterthan twothousand and five hundred squarefeet within twenty-four hours after receiving notice by the city
or theAQMDor prior to resumption of traffic where thepaved areahas been closed tovehiculartraffic. (Ord. 583

## 5 4, 2004)

A. Any operator preparing a fugitive dust control plan shall complete the AQMD Coachella Valley fugitive dust control class and maintain a current valid certificateofcompletion. B. At least onerepresentative of each construction or demolition general contractor and subcontract responsible for earth-movement operations shall complete theAQMD Coachella Valley fugitive dust control class and maintain a current valid certificate of completion. C. All reportinglrecord keeping required by Section 8.54.040(B) shall be provided to the city and AQMD representatives immediately upon request.^

D. All reportinglrecord keeping required by Section 8.54.040(C)through 8.54.040(F) shall be provided by the city and AQMD representatives within twenty-four hours ofawritten request. (Ord. 583

## 5 5,2004)

A. The provisions of this chapter shall not apply to: 1. Agricultural operations including on-field sources and unpaved roads used solely for agricultural operations. 2. Any dust-generating activity where necessary fugitivedust preventive or mitigative actionsare in conflict with either Federal or State Endangered SpeciesAct provisions as determined in writing by theappropriate federal or state agency.



### h c e c eche c eh c 

### h f e ff

### Chapter 

### 8.54 FUGITIVE 

### DUST CONTROL Page 8 

### of 

### 8

3. Any action required or authorized to implement emergency operations that are officially declared by the city to ensure the public health and safety. B. Theprovisions of Section 8.54.040(B)(l) shall not apply to any construction or demolition activity meeting any of the following activity levels or requirements: 1. The activity is occurring entirely within an enclosed structure from which no visible airborne particulate matter escapes; or 2. Activities that do not require issuance ofa grading permit or those that require a building permit provided that the project results in five thousand or less square feet of soil disturbance. C. The provisions of Section 8.54.040(B)(8) shall not apply to: 1. Projects that takes two weeks or less to complete provided that a long-term stabilizationtechnique(s) identified in Section 8.54.040(C) are implemented; and 2. Line projects (i.e., pipelines, cable access lines, etc.). (Ord. 583

## 5 6, 2004)

A. A person violating any section of this chapter or with any portion ofan approved dust control pan is guilty of
an infraction punishable by a fineof not more than one hundred dollars for a first violation and a finenot exceeding four hundred dollars for a second violation within oneyear. A third violation, or more within oneyear shall each be prosecuted at a level consistent with a misdemeanor violation. B. In addition to any other remedy provided by law, failure to correct any condition indicated in a notice of violation within one hour of issuance will allow the city to initiate one or more ofthe following actions where appropriate: 1. Criminal proceedings. 2. Civil proceedings to obtain an injunction; or any other relief against the owner or operator to stop operations at the site. 3. Refusal to issue future permits andlor release of securitiesheld until owner or operator has adequately demonstrated compliance with the notice of violation. 4. Correction ofthe condition by the city through the use ofany securitiesheld under this chapter. (Ord. 583

## 5 7,2004)