Chapter 8.54 FUGITIVE DUST CONTROL Page 1 of 8 

Cathedral City Municipal Code 

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 order to 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 operation directly related to the growing of crops, 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 of motor vehicles that traverse a given unpaved or paved 

surface during a specified twenty-four-hour period. ADT levels are calculated as the average daily volume over a 

specified forty-eight-hour period as determined by the city in consultation with 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 California Air 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 airborne transport 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 to the building, alteration, 

rehabilitation or improvement of property, including, but not limited to the following activities: grading, excavation, 

trenching, loading, vehicular travel, crushing, blasting, cutting, planning, shaping, breaking, equipment staginglstorage 

areas, weed abatement activities or adding or removing bulk materials from storage piles. 

"Demolition activities" means the wrecking or taking 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 surface area" means any portion of the 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 of any equipment for an activity where soil is being moved or 

uncovered. 

"Finish grade" means the final grade of the site that conforms to the approved grading plan. 

"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 of human activities. PMIO is a subset of fugitive dust and is defined as 

particulate matter with an aerodynamic diameter of ten 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. The closest 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 strip chart. 

"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 as the person responsible for fugitive 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, including but not limited to: curbs, fences, gates, posts with 

fencing, shrubs, trees or other measures that are effective 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 136 or any other test method approved by the U.S. EPA and AQMD. 

"Site" means the real property on which construction, demolition or other activities subject to 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 land that 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 of three feet or more and a total surface 

area of three hundred or more square feet. 

"Temporary unpaved parking lots" means those used less than twenty-four days per 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 - - standards andtest 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 site unless the operator utilizes one or 

more Coachella Valley best available control measures, as identified in the Coachella Valley Fugitive Dust Control 

Handbook for each fugitive dust source such that the applicable performance standards are met. 

2. Any operator involved in any potential dust-generating activity on a site with a disturbed surface area greater 

than one acre shall, at a minimum, operate a water application system as identified in the Coachella Valley Fugitive 

Dust Control Handbook, if watering is the 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 or vertically 

from the origin of a 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 of the approved fugitive dust control plan must be kept on site in a conspicuous place at all 

times and provided to the city and AQMD upon request. 

3. Any operator involved in demolition activities shall comply with AQMD Rule 1403 (Asbestos Emissions 

froin Demolition/Renovation Activities) requirements, and the requirements of Title 40, Part 61 of the Code of Federal 

Regulations. 

4. Any operator involved in earth-moving operations shall implement at least one of the following short-term 

stabilization methods during non-working hours: 

a. Maintaining soils in a damp condition as determined by sight or touch; or 

b. Establishment of a stabilized surface through watering; or 

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

surface. 

5. Within ten days of ceasing activity, an operator shall implement at least one of the following long-term 

stabilization techniques for any disturbed surface area where construction activities are not 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 of a 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 of greater than twenty-five feet from any 

site access point; and 

b. At the conclusion of each workday. 

7. Any operator of a project with a disturbed surface area of five or more acres or of any project that involves 

the import or export of at least one hundred cubic yards of bulk material per day shall install and maintain at least one 

h c e c eche c eh c h f e ff 
Chapter 8.54 FUGITIVE DUST CONTROL Page 4 of 8 

of the following control measures at the intersection of each site entrance and any paved road open to through traffic 

with all vehicles exiting the site routed over the selected device(s): 

a. Pad consisting of minimum 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 least twenty feet wide; or 

c. Wheel shakerlwheel spreading device consisting of raised 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 signage that meets the minimum standards of the 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 of fifty 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 as the sole or primary responsibility; and 

c. Has successfully completed the AQMD 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 emissions to exceed twenty percent opacity, or extend more than one hundred feet either 

horizontally or vertically from the origin of a source, or cross any property line. 

1 I. Exceedance of the visible emissions prohibition in subsection (B)(10) occurring due to a high-wind episode 

shall constitute a violation of subsection (B)(l O), unless the operator demonstrates to the city all the following 

conditions: 

a. All fugitive dust control measures or applicable Coachella Valley best available control measures were 

implemented and maintained on site; and 

b. The exceedance could not have been prevented by better application, implementation, operation or 

maintenance of control 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 of the high-wind episode on the day(s) in question is provided by appropriate records. 

12. The operator of a project within ten acres or more of earth-moving operations shall: 

a. Forward two copies (eight and one-half by eleven inch) of a site-specific stand alone fugitive dust control 

plan to the AQMD within 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 of not less than 

three years, daily self-inspection record keeping forms in accordance with the guidelines contained in the Coachella 

Valley Fugitive Dust Control Handbook. 
Chapter 8.54 FUGITIVE DUST CONTROL Page 5 of 8 

14. Any operator involved in earth-moving operations that utilizes chemical dust suppressants for dust control on 

a site shall compile recbrds indicating the type of product applied, vendor name, and the method, frequency, 

concentration, quantity and date(s) of application and shall retain such records for a period of not less than three years. 

15. Any operator subject to the provisions of subsection (B)(12) shall notify the city and the AQMD within ten 

days of the establishment of the finish grade or at the conclusion of the finished grading inspection. 

C. Disturbed Vacant LandsIWeed Abatement Activities. 

1. Owners of property with a disturbed surface area greater than five thousand square feet shall within thirty 

days of receiving official notice by the city prevent trespass through physical access restriction as permitted by the 

city. 

2. In the event that implementation of subsection (C)(l) is not effective in establishing a stabilized surface 

within forty-five days of restricting access, the owner shall implement at least one of the following long term 

stabilization techniques within an additional fifteen days, unless the city has determined that the land has been 

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 of the initial application. 

3. Any operator conducting weed abatement activities on a site that results in a disturbed surface area of five 

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 of subsections (C)(l) through (C)(3) shall cause or allow visible fugitive 

dust elnissions to exceed twenty percent opacity, or extend more than one hundred 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 of one 

hundred centimeters per second or higher. 

5. Within ninety days of ordinance adoption, operators of property with disturbed surface area of five thousand 

or more square feet shall notify the city of the location of such lands and provide owner contact 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 indicating the name and contact person of all firms contracted with for dust 

mitigation, listing of dust control implements used on-site and invoices from dust suppressant contractorslvendors. 

D. Unpaved Roads. 

1. Owners of private unpaved roads with average daily traffic levels between twenty and one-hundred and fifty 

vehicles must take measures (signage or speed control devices) to reduce vehicular speeds no more than fifteen miles 

per hour. 

2. Owners of a cumulative distance of six or less miles of private unpaved roads shall pave each segment having 

one hundred and fifty or more average daily trips or, alternatively apply and maintain chemical dust suppressants in 

accordance with the manufacturer's specifications for a travel 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 one year of ordinance adoption; and 

h c e c eche c eh c h f e ff 
Chapter 8.54 FUGITIVE DUST CONTROL Page 6 of 8 

b. Remainder of qualifying unpaved road segments within three years of ordinance adoption. (Note: Treatments 

in excess of annual requirements can apply to future years). 

3. Owners of a cumulative distance of more than six miles of private unpaved roads shall stabilize each segment 

having one hundred and fifty or more average daily trips in accordance with the following treatment schedule: 

a. At least two miles paved or four miles stabilized with chemical dust suppressants in accordance with the 

manufacturer's specifications for a travel surface and the performance standards established in subsection (D)(4) 

within one year of the ordinance adoption; and 

b. At least two miles paved or four miles stabilized with chemical dust suppressants in accordance with the 

manufacturer's specifications for a travel 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 one hundred feet either horizontally or vertically from the origin of a source, and shall 

either: 

a. Not allow silt loading to be equal to or greater than one-third ounces per square foot; or 

b. Not allow the silt content to exceed six percent. 

5. Within ninety days of ordinance adoption, owners of unpaved roads shall provide to the 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 subsequent to ordinance adoption are required to pave 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 of existing private unpaved parking lots shall implement one of the 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 

,and the 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 (those that 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 to exceed 

twenty percent opacity, or extend more than one hundred feet either horizontally or vertically from the origin of a 

source, and shall either: 

a. Not allow silt loading to be equal to or greater than one-third ounces per square foot; or 

b. Not allow the silt content to exceed eight percent. 
Chapter 8.54 FUGITIVE DUST CONTROL Page 7 of 8 

5. Within ninety days of ordinance adoption, owners of unpaved parking lots shall provide to the city and the 

AQMD the location and ADT estimates 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) of application. 

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 accordance with the American Association of State Highway and Transportation Officials 

guidelines or as an alternative, road shoulders paved or treated with chemical dust suppressants or washed gravel in 

accordance with the performance standards included in subsection (D)(4) with the following minimum widths: 

Average Daily Trips 

500 - 3,000 

3,000 or greater 

Minimum Shoulder Width 

4 feet 

8 feet 

b. Paved medians or as an alternative, medians surrounded by curbing and 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 of public or private paved roads shall remove or cause to be removed any erosion-caused deposits 

of greater than two thousand and five hundred square feet within twenty-four hours after receiving notice by the city 

or the AQMD or prior to resumption of traffic where the paved area has been closed to vehicular traffic. (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 certificate of completion. 

B. At least one representative of each construction or demolition general contractor and subcontract responsible 

for earth-movement operations shall complete the AQMD 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 of a written 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 fugitive dust preventive or mitigative actions are in conflict 

with either Federal or State Endangered Species Act provisions as determined in writing by the appropriate 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. The provisions 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 of a 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 stabilization technique(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 of an approved dust control pan is guilty of 

an infraction punishable by a fine of not more than one hundred dollars for a first violation and a fine not exceeding 

four hundred dollars for a second violation within one year. A third violation, or more within one year 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 of the 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 securities held until owner or operator has adequately 

demonstrated compliance with the notice of violation. 

4. Correction of the condition by the city through the use of any securities held under this chapter. (Ord. 583 5 

7,2004)