Maricopa County 

Air Quality Department 

L May 5,2008 i b i I 

Office of the Director 1 i , - -,. - - .A 

1001 North Central A\-enue Ms. Diane Arnst 1 

Sute #500 L.&_.__ -_.-.-,..-I Phoern, bzona 85004 Planning Section Manager 602-506-6443 - desk 

602-372-6440 - fix\ Arizona Department of Environmental Quality 

11 10 W. Washington St. 

Phoenix, AZ 85007 

SUBJECT: Request for Adopted County Rules and Ordinances 

Dear Ms. Arnst: 

In response to Nancy Wrona's request in her letter of April 16,2008 for information on 

implementation of the provisions of S.B. 1552 (Arizona Laws 2007, Chapter 292), 

enclosed are copies of Maricopa County's relevant ordinances and rules, and proof of 

their adoption. Copies of the following ordinances and rules (and their related A.R.S. 

citations) are included: 

Ordinance P-25: Leaf Blower Restriction Ordinance ($8 11-877.A.2, 11-877.A.3) 

Ordinance P-26: Residential Woodburning Restriction Ordinance (9 1 1-871 .D) 

Ordinance P-27: Vehicle Parking and Use on Unstabilized Vacant Lots (8 49- 

474.01.7) 

Ordinance P-28: Off-Road Vehicle Use in Unincorporated Areas of Maricopa 

County ($ 9-500.27) 

Rule 3 10.01: Fugitive Dust From Non-Traditional Sources of Fugitive Dust ($8 49- 

474.01.6,49-474.01.8) 

Rule 3 14: Open Outdoor Fires and Indoor Fireplaces at Commercial and Institutional 

Establishments ($8 1 1-871 .B, 49-501) 

If you have any questions concerning the enclosed material, please contact Ms. Jo 

Crumbaker, Planning and Analysis Division Manager, at (602) 506-6705. 

Sincerely, 

Joy Rich 

Interim Director 

cc: Ms. Nancy Wrona, ADEQ 

Ms. Jo Crumbaker, MCAQD 

Protecting our most vital, natural resource; air. 

www.maricova.eov/aq 

COUNTY OF lMANCOPA 

State of Arizona 

Offie of the Clerk 

Board of Supervisors 

State of Arizona ) ss. 

CountyofMaricopa ) 

I, Lupe Lerma, Assistant Deputy Clerk of the Board of Supervisors, do hereby certzfi 

that the attached is a true and correct statement of the agenda item and the action 

taken by the Board of Supervisors at their meeting held on February 20,2008: 

PUBLIC HEARING - ORDINANCE P-25 

LEAF BLOWER RESTRICTION ORDINANCE 

(See attached) 

IN WITNESS WHEREOF, I have hereunto set 

my hand and affixed the Oficial Seal of' the 

County of' Maricopa. Done u/ Phoenix, the 

County Seul, on March 5. 2008. 

Assistant Deputy Clerk of tlze Board of 

Supervisors 

MARICOPA COUNTY 

P-25 LEAF BLOWER RESTRICTION ORDINANCE 

SECTION 1 - GENERAL 

A. PURPOSE 

B. APPLICABILITY 

SECTION 2 - DEFINITIONS 

A. AREA A 

B. ENFORCEMENT OFFICER 

C. LANDSCAPE DEBRIS 

D. LEAF BLOWER 

E. PERMITS FOR THE CONTROL OF FUGITIVE DUST FROM DUST GENERATING 

OPERATIONS 

F. PERSON 

G. PUBLIC ROADWAY 

H. STABILIZED SURFACE 

SECTION 3 - REQUIREMENTS 

A. RESTRICTED OPERATION OF A LEAF BLOWER 

B. VIOLATIONS, NOTICES AND PENALTIES 

SECTION 4 - EXEMPTIONS 

A. SITES WITH PERMITS FOR THE CONTROL OF FUGITIVE DUST FROM DUST 

GENERATING OPERATIONS 
BLANK PAGE 
Adopted 02120108 

MARICOPA COUNTY 

P-25 LEAF BLOWER RESTRICTION ORDINANCE 

SECTION 1 - GENERAL 

A. PURPOSE: The Leaf Blower Restriction Ordinance prohibits the use of leaf blowers for the 

following activities: 

1. Blowing of landscape debris into public roadways; and 

2. Operating leaf blowers on surfaces that have not been stabilized. 

B. APPLICABILITY: The Leaf Blower Restriction Ordinance applies to the operation of leaf 

blowers in sections of Area A that are within Maricopa County, including those areas within 

incorporated cities and towns in such sections. 

SECTION 2 - DEFINITIONS: For the purpose of this ordinance, the following definitions shall apply: 

A. AREA A - As defined in Arizona Revised Statutes (ARS) $49-541(1), the area in Maricopa 

County delineated as follows: 

Township 8 North, Range 2 East and Range 3 East 

Township 7 North, Range 2 West through Range 5 East 

Township 6 North, Range 5 West through Range 6 East 

Township 5 North, Range 5 West through Range 7 East 

Township 4 North, Range 5 West through Range 8 East 

Township 3 North, Range 5 West through Range 8 East 

Township 2 North, Range 5 West through Range 8 East 

Township 1 North, Range 5 West through Range 7 East 

Township 1 South, Range 5 West through Range 7 East 

Township 2 South, Range 5 West through Range 7 East 

Township 3 South, Range 5 West through Range 1 East 

Township 4 South, Range 5 West through Range 1 East 

B. ENFORCEMENT OFFICER - Any officer of Maricopa County that has authority to enforce 

County rules, regulations and ordinances. 

C. LANDSCAPE DEBRIS - Debris generated or accumulated as a result of, or moved in the course 

of, landscape operations. Landscape debris includes, but is not limited to, grass clippings, leaves, 

branches, vegetative matter, rubbish, soil and rock. 

D. LEAF BLOWER - Any device that generates a stream of air that is designed, or used, to move 

landscape debris. 

E. PERMITS FOR THE CONTROL OF FUGITIVE DUST FROM DUST GENERATING 

OPERATIONS - Any site that has been issued a permit by the Control Officer as required by 

Rule 200 $305 of the Maricopa County Air Pollution Control Rules and Regulations. 

F. PERSON - Any individual, public or private corporation, company, partnership, firm, association 

or society of persons, the Federal Government and any of its departments or agencies, or the State 

and any of its agencies, departments, or political subdivisions. 
G. PUBLIC ROADWAY - Any street, alley, road, highway or 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. 

H. STABILIZED SURFACE - As defined in ARS $11-877(A)(3), stabilized surfaces are surfaces 

that have been treated with asphaltic concrete, cement concrete, hardscape, penetration treatment 

of bituminous material and seal coat of bituminous binder and a mineral aggregate, decomposed 

granite cover, crushed granite cover, aggregate cover, gravel cover, grass or other continuous 

vegetative cover, or any combination of these stabilizers. 

SECTION 3 - REQUIREMENTS 

A. RESTRICTED OPERATION OF A LEAF BLOWER: 

1. A person shall not operate a leaf blower in a manner that causes landscape debris to be blown 

into a public roadway. 

2. A person shall only operate leaf blowers on a stabilized surface. 

B. VIOLATIONS, NOTICES, AND PENALTIES: 

1. When the Enforcement Officer has reasonable cause to believe that any person has violated or 

is in violation of any provision of this ordinance, the Enforcement Officer shall issue, for the 

first violation of this ordinance, a warning notice stating which requirement of the ordinance 

was violated. 

2. The Enforcement Officer may impose a civil penalty of $50 for the second violation of this 

ordinance. Upon a thud violation of this ordinance, the Enforcement Officer may impose a 

civil penalty of $100. After the fourth and subsequent violations of this ordination, the 

Enforcement Officer may impose a civil penalty of $250. 

SECTION 4 - EXEMPTIONS 

A. SITES WITH PERMITS FOR THE CONTROL OF FUGITIVE DUST FROM DUST 

GENERATING OPERATIONS: Any site that has been issued a pennit by the Control Officer 

for the control of fugitive dust from dust generating operations is exempt from all sections of this 

ordinance. 
COUNTY OFlMARTCOPA 

State of Arizona 

Office of the Clerk 

Board of Supervisors 

State of Arizona ss. 

County of Maricapa ) 

I, Lori Pacini, Deputy Clerk of the Board of Supe~viso~s, dohereby certzJjl that the 

following is a true and correct statement of the agenda item and the action taken by 

the Board of Supervisors at their meeting held on March 26,2008: 

ORDINANCE P-26 RESIDENTIAL WOODBURNING RESTRICTION 

Pursuant to A.R.S. 991 1-871 and 11-251.05, Chairman Kunasek convened the scheduled public hearing to 

solicit comments on the proposed ordinance P-26, Residential Woodburning Restriction Ordinance. 

Motion was made by Supervisor Stapley, seconded by Supervisor Brock, and unanimously carried (4-0-1) to 

adopt the proposed ordinance and submit the ordinance as a revision to the (Arizona) State Implementation 

Plan (SIP). This item was continued from the February 20, 2008 meeting. (Copy on file in the Office of the 

Clerk of the Board) (C8508016700) (ADM 158) 

Air Quality 

File: 

IN WITNESS WHEREOF, I have hereunto set 

my hand and afixed the O#icial Seal of the 

C'ozmty of Mavicopu. Done ut Phoenix, /he 

County I A Seut,~n March 31, 2008. 

&fdeL.. De ufy C erk of the Board of Supervisors 

MARICOPA COUNTY 

P-26 RESIDENTIAL WOODBURNING RESTRICTION ORDINANCE 

INDEX 

SECTION 1 - GENERAL 

A. PURPOSE 

B. APPLICABILITY 

SECTION 2 

A. 

B. 

C. 

D. 

E. 

F. 

G. 

H. 

I. 

J. 

K. 

L. 

M. 

N. 

0. 

P. 

- DEFINITIONS 

ADEQUATE SOURCE OF HEAT 

APPROVED WOODBURNING DEVICE 

AREA A 

BURN DOWN PERIOD 

CARBON MONOXIDE (CO) STANDARD 

CHIMNEY 

INAPPROPRIATE FUEL 

NONATTAINMENT AREA 

OUTDOOR FIRE PITS 

OZONE STANDARD 

PARTICLEATE MATTER NO-BURN STANDARD 

PARTICULATE MATTER STANDARDS 

RESIDENTIAL WOODBURNING DEVICE 

RESTRICTED-BURN PERIOD 

SOLE SOURCE OF HEAT 

WOODBURNING CHIMINEA 

SECTION 3 - BURNING RESTRICTIONS 

A. RESTRICTED OPERATION DURING RESTRICTED-BURN PERIODS 

B. UNLAWFUL OPERATION 

C. LAWFUL OPERATION 

D. DECLARATION OF A RESTRICTED-BURN PERIOD 
E. VIOLATIONS, NOTICES, AND PENALTIES 

SECTION 4 - EXEMPTIONS 

A. RESIDENTIAL SOLE SOURCE OF HEAT EXEMPTION 

B. TEMPORARY SOLE SOURCE OF HEAT EXEMPTION 

C. EMERGENCY EXEMPTION 

D. INADEQUATE ALTERNATE SOURCE OF HEAT EXEMPTION 

E. APPLICATION FOR AN EXEMPTION 

F. ACTION ON AN EXEMPTION APPLICATION 
Adopted 10/05/94 

Revised 04/21/99 

Revised 11/17/99 

Revised 03/26/08 

MARICOPA COUNTY 

P-26 RESIDENTIAL WOODBURNING RESTRICTION ORDINANCE 

SECTION 1 - GENERAL 

A. PURPOSE: The Residential Woodburning Restriction Ordinance restricts 

residential woodburning in a non-approved device, outdoor fire pits, 

woodburning chimineas, and similar outdoor fires when monitoring or 

forecasting indicates that air quality standards are likely to be exceeded. 

B. APPLICABILITY: The Residential Woodburning Restriction Ordinance 

applies to any residential woodburning device, outdoor fire pits, woodburning chimineas, and similar outdoor fires that are within Maricopa 

County or within incorporated cities and towns in such sections. The 

Residential Woodburning Restriction Ordinance does not apply to 

barbecue devices and mesquite grills. 

SECTION 2 - DEFINITIONS: For the purpose of this ordinance, the following 

definitions shall apply: 

A. ADEQUATE SOURCE OF HEAT - A permanently installed furnace or 

heating system, connected to or disconnected from its energy source, 

designed to heat utilizing oil, natural gas, electricity, or propane, and 

designed to maintain a minimum of 70" Fahrenheit at a point three feet 

above the floor in all normally inhabited areas of a residence. 

B. APPROVED WOODBURNING DEVICE - The following residential 

devices shall be approved woodburning devices, even though such devices 

may burn a solid fuel other than wood: 

1. a device that has been certified by the Environmental Protection 

Agency (EPA) as conforming to Phase I1 EPA Standards of 

Performance for Wood Heaters in 40 Code of Federal Regulations 

(CFR) 60, Subpart AAA as amended through July 1,2006. 

2. Any pellet stove. 

3. Any gas burning hearth appliances, including a dedicated gas 

logset permanently installed in any kind of indoor or outdoor 

woodburning fireplace which is designed to burn exclusively 

natural gas or propane. 
4. Any masonry heater or any other solid fuel burning device that 

meets performance standards that are equivalent to the standards in 

40 CFR 60, Subpart AAA as amended through July 1,2006, and 

that is approved by the Control Officer and the Administrator of 

EPA. 

C. AREA A - As defined in Arizona Revised Statutes (ARS) $49-541(1), the 

area in Maricopa County delineated as follows: 

Township 8 North, Range 2 East and Range 3 East 

Township 7 North, Range 2 West through Range 5 East 

Township 6 North, Range 5 West through Range 6 East 

Township 5 North, Range 5 West through Range 7 East 

Township 4 North, Range 5 West through Range 8 East 

Township 3 North, Range 5 West through Range 8 East 

Township 2 North, Range 5 West through Range 8 East 

Township 1 North, Range 5 West through Range 7 East 

Township 1 South, Range 5 West through Range 7 East 

Township 2 South, Range 5 West through Range 7 East 

Township 3 South, Range 5 West through Range 1 East 

Township 4 South, Range 5 West through Range 1 East 

D. BURN DOWN PERIOD - That period of time, not to exceed three hours 

after declaring a restricted-burn period, required for the cessation of 

combustion within any residential woodburning device, outdoor fire pit, 

woodburning chiminea, or similar outdoor fire by withholding fuel or by 

modifying the air-to-fuel ratio. 

E. CARBON MONOXIDE (CO) STANDARD - The maximum allowable 

eight-hour concentration that is nine parts of contaminant per million parts 

of air by volume (ppm). 

F. CHIMNEY - a passage for smoke that is usually made of bricks, stone, or 

metal and often rises two feet above the roof of a building. An approved, 

factory-built chimney will have a label on each chimney connector and 

gas vent specifying that such chimney can be used for all fuels and will 

show the minimum safe clearances to combustibles. 

G. INAPPROPRIATE FUEL - Includes, but is not limited to, leaves, grass 

clippings, green plants, refuse, paper, rubbish, books, magazines, 

fiberboard, packaging, rags, fabrics, animal waste, animal carcasses, coal, 

waste oil, liquid or gelatinous hydrocarbons, tar, asphalt products, waste 

petroleum products, paints and solvents, chemically soaked wood, wood 

with a moisture content of greater than 20 percent, treated wood, plastic or 

plastic products, rubber or rubber products, office records, sensitive or 
classified wastes, or any substance which normally emits dense smoke or 

obnoxious odors other than paper to start the fire or properly seasoned 

wood., 

H. NONATTAINMENT AREA - An area so designated by the 

Administrator of the EPA, acting pursuant to Section 107 of the Clean Air 

Act, as exceeding national primary or secondary ambient air standards for 

a particular pollutant or pollutants. 

I. OUTDOOR FIRE PITS - Any combustion of material outdoors, where 

solid fuels including wood or any other non-gaseous or non-liquid fuels 

are burned in the fuel bed, and the products of combustion are not directed 

through a flue or chimney. 

J. OZONE STANDARD - The maximum allowable eight-hour concentration within a 24-hour period (midnight to midnight) that is 0.08 parts of 

contaminant per million parts of air by volume @pm). 

K. PARTICULATE MATTER NO-BURN STANDARD - If either of the 

following maximum allowable 24-hour concentrations is forecast for 

particulate matter: 

PMlo - 120 micrograms per cubic meter; 

PM2.5 - 30 micrograms per cubic meter. 

L. PARTICULATE MATTER STANDARDS - The maximum allowable 

24-hour concentration that is: 

PMlo - 150 micrograms per cubic meter; 

PM2.5 - 35 micrograms per cubic meter. 

M. RESIDENTIAL WOODBURNING DEVICE - A woodburning device 

designed for solid fuel combustion so that usable heat is derived for the 

interior of a residence. These devices can be used for aesthetic or spaceheating purposes. 

N. RESTRICTED-BURN PERIOD - A condition declared by the Control 

Officer whenever meteorological conditions are conducive to an accumulation of CO, ozone andor particulate matter in exceedance of the 

standards or when air quality reaches other limits established by the 

Control Officer. 

0. SOLE SOURCE OF HEAT - One or more residential woodburning 

devices which constitute the only source of heat in a residence andlor the 

sole source of fuel for cooking for a residence. No residential woodburning device shall be considered the sole source of heat if the residence 

is equipped with a permanently installed furnace or heating system which 

utilizes oil, natural gas, electricity, or propane and which is designed to 
heat the residence whether or not such fumace or heating system is 

connected to or disconnected from its energy source. However, this 

definition shall not supersede municipal or County Building Code 

requirements as per authority of A.R.S. $3 9-499.01, 9-240(B)(7), 9- 

276(A)(13)-(A)(15), A.R.S. 3 9-801 et seq. 

P. WOODBURNING CHIMINEA - Chimineas are burning devices made 

from clay, aluminum, or steel and are used for warmth and aesthetics 

outside in yards and patios. Chimineas are designed to bum solid fuels. 

SECTION 3 - BURNING RESTRICTIONS: 

A. RESTRICTED OPERATION DUlUNG RESTRICTED-BURN 

PERIODS: During a declared restricted-bum period, a person shall be 

restricted from operating a residential woodburning device, an outdoor fire 

pit, a woodburning chiminea, or similar outdoor fire, in sections of Area A 

that are within Maricopa County or within incorporated cities and towns in 

such sections. Exemptions to this requirement are described in Section ' 

3(C) and Section 4 of this ordinance. 

B. UNLAWFUL OPERATION: A person shall: 

1. Not operate a residential woodburning device, an outdoor fire pit, a 

woodburning chiminea, or similar outdoor fire such that emissions 

to the atmosphere are visible during a restricted-bum period 

declared by the Control Officer. 

2. Not operate a residential woodbuming device, an outdoor fire pit, a 

woodbuming chiminea, or similar outdoor fire unless such 

residential woodburning device, outdoor fire pit, woodburning 

chiminea, or similar outdoor fire has been installed according to 

the instructions and restrictions specified by the manufacturer. 

3. Not use a fuel in a residential woodburning device, an outdoor fire 

pit, a woodbuming chiminea, or similar outdoor fire except those 

fuels that are recommended by the manufacturer. 

4. Not burn inappropriate fuel in a residential woodburning device, an 

outdoor fire pit, a woodburning chiminea, or similar outdoor fire. 

C. LAWFUL OPERATION: 

1. During a declared restricted-bum period, a person may operate a 

residential woodbuming device if the Control Officer has issued an 

exemption for such device according to Section 4 of this ordinance 

and if no visible emissions to the atmosphere are produced after 20 
consecutive minutes immediately following an ignition of or a 

refueling of such residential woodburning device. 

2. During a declared restricted-burn period, a person may operate a 

residential woodburning device if such device meets the requirements of Maricopa County Air Pollution Control Regulations Rule 

3 18 (Approval of Residential Woodburning Devices) and if no 

visible emissions to the atmosphere are produced after 20 consecutive minutes immediately following an ignition of, or a refueling 

of, such residential woodburning device. 

3. During a declared restricted-burn period, a person may operate a 

residential woodburning device, outdoor fire pit, woodburning 

chiminea, or similar outdoor fire, if such device is designed to bum 

exclusively natural gas or propane. 

D. DECLARATION OF A RESTRICTED-BURN PERIOD: 

1. The Control Officer shall declare a restricted-burn period if, after 

reviewing available meteorological data, atmospheric conditions, 

and ambient temperatures, the Control Officer determines that air 

pollution levels could exceed the carbon monoxide (CO) standard, 

the ozone standard, and/or the particulate matter no-burn standard. 

2. A person responsible for a residential woodburning device, outdoor fire pit, woodburning chiminea, or similar outdoor fire, 

excluding those devices described in Section 3(C) of this 

ordinance, already in operation at the time a restricted-burn period 

is declared shall withhold new fuel from the residential 

woodburning device, outdoor fire pit, woodburning chiminea, or 

similar outdoor fire for the duration of the restricted-burn period. 

3. Any person operating or in control of a residential woodburning 

device, outdoor fire pit, woodburning chiminea, or similar outdoor 

fire in sections of Area A that are within Maricopa County or 

within incorporated cities and towns in such sections has a duty to 

know when a restricted-burn period has been declared. 

4. Notice of a restricted-burn period shall be distributed over the wire 

service to electronic and print media and/or announced by a 

recorded telephone message at least three hours before initiating 

any enforcement action for a violation of this ordinance. 

E. VIOLATIONS, NOTICES, AND PENALTIES: For purposes of this 

ordinance, and in accordance with A.R.S. $1 1-871(D): 
1. When the Control Officer has reasonable cause to believe that any 

person has violated or is in violation of any provision of this 

ordinance, the Control Officer shall issue, for the first violation of 

this ordinance, a warning notice which includes a summary of the 

Maricopa County Residential Woodburning Restriction Ordinance 

and information on proper woodburning techniques. 

2. The Control Officer may impose a civil penalty of $50 to any 

person who violates this ordinance for the second violation within 

a one year period after having been issued a warning notice for the 

first violation of this ordinance. 

3. For the third violation of this ordinance, the Control Officer may 

impose a civil penalty of $100. The Control Officer may impose a 

civil penalty of $250 for the fourth or any subsequent violation of 

this ordinance. After having been issued a citation for a violation 

of this ordinance, the violation may be refuted by demonstration 

that the smoke was not caused by a residential woodburning 

device, an outdoor fire pit, a woodburning chiminea, or similar 

outdoor fire or by proof of an exemption pursuant to Section 4 of 

this ordinance. 

4. Only those violations of this ordinance which have occurred within 

one year of a present offense shall be considered as prior violations. No person shall be cited for a violation of this ordinance 

more than once in any calendar day. Each day of violation 

constitutes a separate offense. 

SECTION 4 - EXEMPTIONS 

A. RESIDENTIAL SOLE SOURCE OF HEAT EXEMPTION: The 

Control Officer may grant a residential sole source of heat exemption if 

the Control Officer determines that a residential woodburning device 

meets the criteria of sole source of heat as described in Section 2(0) of 

this ordinance. The recipient of a residential sole source of heat exemption 

must apply annually to the Control Officer for renewal of such exemption, 

if such exemption is still necessary. The Control Officer shall not issue a 

residential sole source of heat exemption after December 3 1, 1995. 

However, the Control Officer may renew a residential sole source of heat 

exemption if such exemption was issued before December 3 1, 1995 and if 

the residential woodburning device meets the criteria of sole source of 

heat as described in Section 2(0) of this ordinance. 

TEMPORARY SOLE SOURCE OF HEAT EXEMPTION: The 

Control Officer may issue a temporary sole source of heat exemption for 

economic or health reasons if the Control Officer determines that the 
applicant qualifies for financial assistance, according to the economic 

guidelines established under the Food Stamps, Medicaid, or low income 

energy assistance programs, as administered by the Income Support 

Division, or if the Control Officer determines that failure to grant a 

temporary sole source of heat exemption would endanger the health of the 

applicant. A temporary sole source of heat exemption shall not be issued 

for more than 150 days. 

EMERGENCY EXEMPTION: The Control Officer may issue an 

emergency exemption if the Control Officer determines that an emergency 

situation exists. An emergency exemption shall be valid for a period 

determined by the Control Officer, but shall not exceed one year from the 

date it is issued. An emergency situation shall include, but is not limited 

to, the following: 

1. A situation where a person demonstrates that his heating system, 

other than a residential woodburning device, is inoperable for 

reasons other than his own actions; or 

2. A situation where a person demonstrates that his heating system 

has been involuntarily disconnected by a utility company or other 

fuel supplier. 

D. INADEQUATE ALTERNATE SOURCE OF HEAT EXEMPTION: 

The Control Officer may issue an inadequate alternate source of heat 

exemption if the Control Officer determines: 

1. That there is a heat source other than a residential woodburning 

device available to the residence; 

2. That such heat source is not a sole source of heat, as defined in 

Section 2(0) of this ordinance, and that such heat source is used in 

conjunction with a residential woodburning device; 

3. That such heat source is not an approved woodburning device, as 

defined in Maricopa County Air Pollution Control Regulations 

Rule 3 18 (Approval of Residential Woodburning Devices); and 

4. That such heat source is not an adequate source of heat, as defined 

in Section 2(A) of this ordinance. 

The recipient of an inadequate alternate source of heat exemption 

must comply with municipal or County Building Code 

requirements (as per authority of A.R.S. $5 9-499.01,9-240(B)(7), 

9-276(A)(13)-(A)(15), A.R.S. $ 9-801 et seq.) and must apply 

annually to the Control Officer for renewal of such exemption, if 
such exemption is still necessary. The Control Officer shall not 

issue an inadequate alternate source of heat exemption after 

December 3 1, 1995. However, the Control Officer may renew an 

inadequate alternate source of heat exemption, if such exemption 

was issued before ~ecember.3 1,1995 and if the residential 

woodburning device meets the criteria of this ordinance. 

E. APPLICATION FOR AN EXEMPTION: Any person seeking an 

exemption shall do so by submitting an acceptable written application to 

the Control Officer. An application shall state: 

1. The applicant's name and mailing address; 

2. The address for which the exemption is sought; and 

3. The reasons for seeking the exemption. 

F. ACTION ON AN EXEMPTION APPLICATION: Following the 

receipt -of an exemption application, the Control Officer shall either grant 

the exemption, grant the exemption subject to conditions, or deny the 

exemption. The Control Officer shall notify, in writing, the applicant of 

such decision. 
COUNTY OF MAHCOPA 

State of Arizona 

Office of the Clerk 

Board of Supervisors 

State of Arizona ) ss. 

County of Maricopa ) 

I, Lupe Lerma, Assistant Deputy Clerk of the Board of Supervisors, do hereby certzjj 

that the attached is a true and correct statement of the agenda item and the action 

taken by the Board of Supervisors at their meeting held on February 20,2008: 

PUBLIC HEARING - ORDINANCE P-27 

VEHICLE PARKING AND USE ON UNSTABILIZED VACANT LOTS 

(See attached) 

IN WITNESS WHEREOF, I have hereunto set 

my huncJ and affixed the Oflciul Seal qf' the 

County of Maricopu. Done ut Phoenix, the 

County Seat, on March 5. 2008. 

Assistant Deputy Clerk of tlie Bonrd of 

Supervisors 

Air Qualiry 

File 

MARICOPA COUNTY 

P-27 VEHICLE PARKING AND USE ON UNSTABILIZED VACANT LOTS 

SECTION 1 - GENERAL 

A. PURPOSE 

B. APPLICABILITY 

SECTION 2 - DEFINITIONS 

A. AREA A 

B. DESIGNATED OR OPENED TRAIL SYSTEM 

C. ROAD OR HIGHWAY 

D. VACANT LOTS 

E. VEHICLE 

SECTION 3 - REQUIREMENTS 

A. RESTRICTED VEHICLE PARKING AND USE 

SECTION 4 - VIOLATIONS, NOTICES, AND PENALTIES 

SECTION 5 - EXEMPTIONS 
BLANK PAGE 
Adopted 02/20/08 

MARICOPA COUNTY AIR POLLUTION CONTROL REGULATIONS 

P-27 VEHICLE PARKING AND USE ON UNSTABILIZED VACANT LOTS 

SECTION 1 - GENERAL 

A. PURPOSE: This ordinance restricts all vehicle parking and use on unstabilized 

vacant lots. 

B. APPLICABILITY: This ordinance applies to vehicle parking and use in the 

unincorporated sections of Area A that are within Maricopa County. 

SECTION 2 - DEFINITIONS: For the purpose of this ordinance, the following definitions shall 

apply: 

A. AREA A - The part of the greater Phoenix metropolitan area where specific 

pollution control programs are in place for ozone, carbon monoxide, and particulate 

matter. As defined in Arizona Revised Statutes (ARS) $49-541(1), the area in 

Maricopa County delineated as follows: 

Township 8 North, Range 2 East and Range 3 East 

Township 7 North, Range 2 West through Range 5 East 

Township 6 North, Range 5 West through Range 6 East 

Township 5 North, Range 5 West through Range 7 East 

Township 4 North, Range 5 West through Range 8 East 

Township 3 North, Range 5 West through Range 8 East 

Township 2 North, Range 5 West through Range 8 East 

Township 1 North, Range 5 West through Range 7 East 

Township 1 South, Range 5 West through Range 7 East 

Township 2 South, Range 5 West through Range 7 East 

Township 3 South, Range 5 West through Range 1 East 

Township 4 South, Range 5 West through Range 1 East 

B. DESIGNATED OR OPENED TRAIL SYSTEM - Roads or routes that are part of 

a system of trails and that are designated or opened by a government land 

management agency by order, sign, andlor map approved by such agency. 

C. ROAD OR HIGHWAY - The entire width between the boundary lines of every way 

publicly maintained by the federal government, a city, a town or a county if any part 

of the way is generally open to the use of the public for purposes of vehicular travel. 

For purposes of this ordinance, the term "road or highway" also includes designated 

or opened trail systems and service roads regardless of surface composition, and any 

other property dedicated or otherwise reserved for public or private street uses, as 
evidenced by a recorded document, or having thereon a public easement for such 

use. 

D. VACANT LOTS - Any of the following described in Section 2@)(1) through Section 

2@)(4) of this ordinance: 

1. An unsubdivided or undeveloped tract of land. 

2. A subdivided residential, industrial, institutional, governmental, or commercial 

lot that contains no approved or permitted buildings, structures, or uses of a 

temporary or permanent nature. 

3. A partially developed residential, industrial, institutional, governmental, or 

commercial lot. 

4. For the purposes of this ordinance, a vacant lot is not a road or highway. 

E. VEHICLE - A self propelled device and its appurtenances, excluding devices 

moved by human power or used exclusively on stationary rails or tracks. 

SECTION 3 - REQUIREMENTS 

A. RESTRICTED VEHICLE PARKING AND USE: A person shall not park 

or use a vehicle on an unstabilized vacant lot within the unincorporated 

sections of Area A in Maricopa County. 

SECTION 4 - VIOLATIONS, NOTICES, AND PENALTIES 

A. A person who violates this ordinance is guilty of a class 3 misdemeanor. 

B. In addition to or in lieu of a fine pursuant to this section, a judge may order 

the person to perform at least eight but not more than twenty-four hours of a 

community restitution course related to the off-highway operation of motor 

vehicles. 

C. For violations of this ordinance, the Enforcement Officer shall use a uniform 

traffic ticket and complaint prescribed by the rules of procedure in civil 

traffic cases adopted by the Supreme Court. The Enforcement Officer may 

issue a citation to persons in violation of this ordinance. 

SECTION 5 - EXEMPTIONS 

A. The property owner, person entitled to immediate possession of the property, 

or invitee who has lawful authority may operate such vehicles if such use 

does not violate any other applicable laws. 
B. Any site that has been issued a permit by the Control Officer for the control 

of fugitive dust from dust generating operations. 

MARICOPA COUNTY 

P-28 OFF ROAD VEHICLE USE IN UNINCORPORATED 

AREAS OF MARICOPA COUNTY 

SECTION 1 - GENERAL 

A. PURPOSE 

B. APPLICABILITY 

SECTION 2 - DEFINITIONS 

A. DESIGNATED OR OPENED TRAIL SYSTEM 

B. ROAD OR HIGHWAY 

C. VEHICLE 

SECTION 3 - RESTRICTIONS 

SECTION 4 - VIOLATIONS, NOTICES, AND PENALTIES 

SECTION 5 - EXEMPTION 
BLANK PAGE 
Adopted 02120108 

MARICOPA COUNTY 

P-28 OFF ROAD VEHICLE USE IN UNINCORPORATED 

AREAS OF MARICOPA COUNTY 

SECTION 1 - GENERAL 

A. PURPOSE: This ordinance restricts the operation of any vehicle on unpaved 

property. 

B. APPLICABILITY: This ordinance applies to the operation of any vehicle in 

unincorporated sections within Maricopa County. 

SECTION 2 - DEFINITIONS: For the purpose of this ordinance, the following definitions shall 

apply: 

A. DESIGNATED OR OPENED TRAIL SYSTEM - Roads or routes that are part of 

a system of trails and that are designated or opened by a government land 

management agency by order, sign, andlor map approved by such agency. 

B. ROAD OR HIGHWAY - The entire width between the boundary lines of every way 

publicly maintained by the federal government, a city, a town or a county if any part 

of the way is generally open to the use of the public for purposes of vehicular travel. 

For purposes of this ordinance, the term "road or highway7' also includes designated 

or opened trail systems, service roads regardless of surface composition, and any 

other property dedicated or otherwise reserved for public or private street uses, as 

evidenced by a recorded document, or having thereon a public easement for such 

use. 

C. VEHICLE - A self propelled device and its appurtenances, excluding devices 

moved by human power or used exclusively on stationary rails or tracks. 

SECTION 3 - RESTRICTIONS: 

A. A person shall not access unpaved public property with any vehicle within the 

unincorporated areas of Maricopa County without lawful authority. Lawful authority 

shall consist of rules, regulations, or orders of a federal agency, this state, a county or 

municipality which shall be made available to the public by any one of the 

following: 

1. A sign to designate the property islas open. Such sign shall be in compliance with 

the standard travel management signing protocol used by Southwest Land 

Management Agencies and shall at a minimum be conspicuously placed at all 

points of vehicular access and contain the following information: "Travel Must 
SECTION 4 

Remain On Designated Routes". Copies of the standard travel management 

signing protocol are available for review at the Maricopa County Air Quality 

Department, 1001 North Central Avenue, Phoenix, AZ, 85004. 

2. Through orders of a government land management agency. 

3. Through most current maps approved by such government land management 

agency. 

4. Virtual posting from a government land management agency. 

A person shall not operate any vehicle on unpaved private property within the 

unincorporated areas of Maricopa County without the consent of the lawful owner. 

Consent of the lawful owner consists of either or both of the following: 

1. A sign to designate the property islas open. Such sign shall be in compliance with 

the standard travel management signing protocol used by Southwest Land 

Management Agencies and shall at a minimum be conspicuously placed at all 

points of vehicular access and contain the following information: "Travel Must 

Remain On Designated Routes". Copies of the standard travel management 

signing protocol are available for review at the Maricopa County Air Quality 

Department, 1001 North Central Avenue, Phoenix, AZ, 85004. 

2. Prior written permission which contains the following: 

(a) The name, address, and telephone number of the person granting permission 

for the use of the property; 

(b) A description of the interest the person granting permission has in the 

property (i.e., property owner, lessee, or agent); 

(c) If the person granting permission is not the owner of the property, the written 

permission shall also contain the name, address, and telephone number of the 

property owner; 

(d) Specify the period of time for which permission for the use of the property is 

being granted; and 

(e) The signature of the person granting permission for the use of the property. 

Whenever any person is stopped by an Enforcement Officer for a violation of 

Section (3) of this ordinance, helshe shall, upon the request of the Enforcement 

Officer identify or present the lawful authority required in this section. 

VIOLATIONS, NOTICES, AND PENALTIES: 
A. A person who violates this ordinance is guilty of a class 3 misdemeanor. 

B. In addition to or in lieu of a fine pursuant to this section, a judge may order the 

person to perform at least eight but not more than twenty-four hours of a community 

restitution course related to the off-highway operation of motor vehicles. 

C. For violations of this ordinance, the Enforcement Officer shall use a uniform traffic 

ticket and complaint prescribed by the rules of procedure in civil traffic cases 

adopted by the Supreme Court. The Enforcement Officer may issue a citation to 

persons in violation of this ordinance. 

SECTION 5 - EXEMPTION: 

A. This ordinance shall not apply during a period of emergency or if the operation is 

directed by a peace officer or other public authority. 

B. The property owner, person entitled to immediate possession of the property, or 

invitee who has lawful authority may operate such vehicles on the property if such 

use does not violate any other applicable laws. 

C. For the purposes of this ordinance, unpaved public or unpaved private property does 

not include roads or highways. 

D. This ordinance shall not apply to operations directed by utilities for operation, 

distribution, and transmission systems provided that both of the following conditions 

are met: 

1. Operations are performed in a 1 using a marked company vehicle; and 

2. If operations are performed in a 1 using a personal vehicle, then identification of 

the company shall be visible and readable by the public without having to be 

asked by the public (e.g., includedposted in a sign that is visible on the vehicle 

or includedposted in a sign that is visible in the window of the vehicle). 

COUNTY OF MARICOPA 

State of Arizona 

Office of the Clerk 

Board of Supervisors 

State of Arizona ) ss. 

County of Maricopa ) 

I, Lupe Lerma, Assistant Deputy Clerk of the Board of Supervisors, do hereby certzfi 

that the attached is a true and correct statement of the agenda item and the action 

taken by the Board of Supervisors at their meeting held on February 20,2008: 

PUBLIC HEARING - ORDINANCE P-28 

OFF-ROAD VEHICLE USE IN UNINCORPORATED AREAS 

(See attached) 

IN WITNESS WHEREOF, I have hereunto set 

my hand and afixed the Qficial Seal of the 

County of Maricopn. Done at Phoenix, [he 

County Seat, on March 5, 2008. 

Assistant Depufy Clerk of the Board of 

Supervisors 

Air Quality 

File 

MARICOPA COUNTY 

P-28 OFF ROAD VEHICLE USE IN UNINCORPORATED 

AREAS OF MARICOPA COUNTY 

SECTION 1 - GENERAL 

A. PURPOSE 

B. APPLICABILITY 

SECTION 2 - DEFINITIONS 

A. DESIGNATED OR OPENED TRAIL SYSTEM 

B. ROAD OR HIGHWAY 

C. VEHICLE 

SECTION 3 - RESTRICTIONS 

SECTION 4 - VIOLATIONS, NOTICES, AND PENALTIES 

SECTION 5 - EXEMPTION 
BLANK PAGE 
Adopted 02120108 

MARICOPA COUNTY 

P-28 OFF ROAD VEHICLE USE IN UNINCORPORATED 

AREAS OF MARICOPA COUNTY 

SECTION 1 - GENERAL 

A. PURPOSE: This ordinance restricts the operation of any vehicle on unpaved 

property. 

B. APPLICABILITY: This ordinance applies to the operation of any vehicle in 

unincorporated sections within Maricopa County. 

SECTION 2 - DEFINITIONS: For the purpose of this ordinance, the following definitions shall 

apply: 

A. DESIGNATED OR OPENED TRAIL SYSTEM - Roads or routes that are part of 

a system of trails and that are designated or opened by a government land 

management agency by order, sign, and/or map approved by such agency. 

B. ROAD OR HIGHWAY - The entire width between the boundary lines of every way 

publicly maintained by the federal government, a city, a town or a county if any part 

of the way is generally open to the use of the public for purposes of vehicular travel. 

For purposes of this ordinance, the term "road or highway" also includes designated 

or opened trail systems, service roads regardless of surface composition, and any 

other property dedicated or otherwise reserved for public or private street uses, as 

evidenced by a recorded document, or having thereon a public easement for such 

use. 

C. VEHICLE - A self propelled device and its appurtenances, excluding devices 

moved by human power or used exclusively on stationary rails or tracks. 

SECTION 3 - RESTRICTIONS: 

A. A person shall not access unpaved public property with' any vehicle within the 

unincorporated areas of Maricopa County without lawful authority. Lawful authority 

shall consist of rules, regulations, or orders of a federal agency, this state, a county or 

municipality which shall be made available to the public by any one of the 

following: 

1. A sign to designate the property islas open. Such sign shall be in compliance with 

the standard travel management signing protocol used by Southwest Land 

Management Agencies and shall at a minimum be conspicuously placed at all 

points of vehicular access and contain the following information: "Travel Must 
Remain On Designated Routes". Copies of the standard travel management 

signing protocol are available for review at the Maricopa County Air Quality 

Department, 1001 North Central Avenue, Phoenix, AZ, 85004. 

2. Through orders of a government land management agency. 

3. Through most current maps approved by such government land management 

agency. 

4. Virtual posting from a government land management agency. 

B. A person shall not operate any vehicle on unpaved private property within the 

unincorporated areas of Maricopa County without the consent of the lawful owner. 

Consent of the lawful owner consists of either or both of the following: 

1. A sign to designate the property islas open. Such sign shall be in compliance with 

the standard travel management signing protocol used by Southwest Land 

Management Agencies and shall at a minimum be conspicuously placed at all 

points of vehicular access and contain the following information: "Travel Must 

Remain On Designated Routes". Copies of the standard travel management 

signing protocol are available for review at the Maricopa County Air Quality 

Department, 1001 North Central Avenue, Phoenix, AZ, 85004. 

2. Prior written permission which contains the following: 

(a) The name, address, and telephone number of the person granting permission 

for the use of the property; 

(b) A description of the interest the person granting permission has in the 

property (i.e., property owner, lessee, or agent); 

(c) If the person granting permission is not the owner of the property, the written 

permission shall also contain the name, address, and telephone number of the 

property owner; 

(d) Specify the period of time for which permission for the use of the property is 

being granted; and 

(e) The signature of the person granting permission for the use of the property. 

C. Whenever any person is stopped by an Enforcement Officer for a violation of 

Section (3) of this ordinance, helshe shall, upon the request of the Enforcement 

Officer identify or present the lawful authority required in this section. 

SECTION 4 - VIOLATIONS, NOTICES, AND PENALTIES: 
A. A person who violates this ordinance is guilty of a class 3 misdemeanor. 

B. In addition to or in lieu of a fine pursuant to this section, a judge may order the 

person to perform at least eight but not more than twenty-four hours of a community 

restitution course related to the off-highway operation of motor vehicles. 

C. For violations of this ordinance, the Enforcement Officer shall use a uniform traffic 

ticket and complaint prescribed by the rules of procedure in civil traffic cases 

adopted by the Supreme Court. The Enforcement Officer may issue a citation to 

persons in violation of this ordinance. 

SECTION 5 - EXEMPTION: 

A. This ordinance shall not apply during a period of emergency or if the operation is 

directed by a peace officer or other public authority. 

B. The property owner, person entitled to immediate possession of the property, or 

invitee who has lawful authority may operate such vehicles on the property if such 

use does not violate any other applicable laws. 

C. For the purposes of this ordinance, unpaved public or unpaved private property does 

not include roads or highways. 

D. This ordinance shall not apply to operations directed by utilities for operation, 

distribution, and transmission systems provided that both of the following conditions 

are met: 

1. Operations are performed in a / using a marked company vehicle; and 

2. If operations are performed in a / using a personal vehicle, then identification of 

the company shall be visible and readable by the public without having to be 

asked by the public (e.g., includedposted in a sign that is visible on the vehicle 

or includedposted in a sign that is visible in the window of the vehicle). 

COljT7VTY OFlMIARTCOPA 

State of Arizona 

Office of the Clerk 

Board of Supervkors 

State of Arizona ) SS. 

County of Mavicopa ) 

I, Lori Pacini, Deputy Clerk of the Board of Supervisors, do hereby certzJL that the 

following is a true and correct statement of the agenda item and the action taken by 

the Board of Supervisors at their meeting held on March 26,2008: 

PERMIT REQUIREMENTS, RULE 310-FUGITIVE DUST FROM DUST GENERATING RULE 200 

Pursuant to A.R.S. $49-479(b), Chairman Kunasek convened the scheduled public hearing to solicit 

comments on proposed revisions to the following Maricopa County Air Pollution Control Regulations: Rule 

200-Permit Requirements, Rule 310-Fugitive Dust From Dust Generating Operations, Rule 310.01-Fugitive 

Dust From Non-Traditional Sources Of Fugitive Dust, and Appendix C-Fugitive Dust Test Methods and to 

solicit comments on submitting the rules as a revision to the (Arizona) State Implementation Plan (SIP). 

Motion was made by Supervisor Stapley, seconded by Supervisor Wilson, and unanimously carried (4-0-1) to 

adopt proposed revisions, to Maricopa County Air Pollution Control Regulations Rules 200, 310, 310.01, and 

Appendix C and to submit the revised rules as a revision to the (Arizona) State lmplementation Plan (SIP). 

This item was continued from the February 6, 2008 meeting. (C8508021700) 

Air Qualip 

File: 

IN WITNESS WHEREOF, I have hereunto set 

my hand and ajixed the OfJicial Seul of the 

Counry of' Maricopu. Done at Phoenix, the 

Cogty Seut, prp March 31, 2008. flu\& 

Deputy Clerk of the Board of Supervisors 

REGULATION I11 - CONTROL OF AIR CONTAMINANTS 

RULE 310.01 

FUGITIVE DUST FROM NON-TRADITIONAL SOURCES OF FUGITIVE DUST 

INDEX 

SECTION 100 - GENERAL 

101 PURPOSE 

102 APPLICABILITY 

103 EXEMPTIONS 

SECTION 200 - DEFINITIONS 

201 ANIMAL WASTE 

202 AREA A 

203 AREA ACCESSIBLE TO THE PUBLIC 

204 BULK MATERIAL 

205 CHEMICAUORGAMC STABILIZER 

206 CONTROL MEASURE 

207 DISTURBED SURFACE AREA 

208 DUST-GENERATING OPERATION 

209 DUST SUPPRESSANT 

210 EMERGENCY 

2 1 1 EMERGENCY ACTIVITY 

212 FEED LANE ACCESS AREAS 

2 13 FUGITIVE DUST 

214 GRAVELPAD 

215 GRIZZLY 

2 16 LIVESTOCK ACTIVITIES 

217 MOTOR VEHICLE 

2 18 NON-TRADITIONAL SOURCE OF FUGITIVE DUST 

219 NORMAL FARM CULTURAL PRACTICE 

220 OFF-ROAD VEHlCLE 
OPEN AREAS AND VACANT LOTS 

OWNER AND/OR OPERATOR 

PAVE 

PMlo NONATTAINMENT AREA 

PROPERTY LINE 

PUBLIC ROADWAYS 

TRACKOUTICARRYOUT 

TRACKOUT CONTROL DEVICE 

UNPAVED ACCESS CONNECTIONS 

UNPAVED PARKING LOT 

UNPAVED ROADWAY (INCLUDING ALLEYS) 

VACANT LOT 

SECTION 300 - STANDARDS 

301 GENERAL REQUIREMENTS FOR NON-TRADITIONAL SOURCES 

OF FUGITIVE DUST 

302 CONTROL MEASLTRES FOR NON-TRADITIONAL SOURCES OF 

FUGITIVE DUST 

SECTION 400 - ADMINISTRATIVE REQUIREMENTS (NOT APPLICABLE) 

SECTION 500 - MONITORING AND RECORDS 

50 1 COMPLIANCE DETERMINATION 

502 RECORDKEEPING 

503 RECORDS RETENTION 
Adopted 06/16/99 

Revised 02/16/00 

Revised 02/17/05 

Revised 03/26/08 

MARICOPA COUNTY 

AIR POLLUTION CONTROL REGULATIONS 

REGULATION I11 - CONTROL OF AIR CONTAMINANTS 

RULE 310.01 

FUGITIVE DUST FROM NON-TRADITIONAL SOURCES OF FUGITIVE DUST 

SECTION 100 - GENERAL 

101 PURPOSE: To minimize the amount of fugitive dust entrained into the ambient 

air from non-traditional sources of fugitive dust by requiring measures to prevent, 

reduce, or mitigate fugitive dust emissions. 

102 APPLICABILITY: 

102.1 The provisions of this rule shall apply to non-traditional sources of 

fugitive dust that are conducted in Maricopa County, except for those 

dust-generating operations listed in Section 103 of this rule. 

102.2 The provisions of this rule shall apply to any open area or vacant lot that is 

not defined as agricultural land and is not used for agricultural purposes 

according to Arizona Revised Statutes (A.R.S.) 5 42-12151 and A.R.S. 5 

42-12152. 

103 EXEMPTIONS: 

103.1 The provisions of this rule shall not apply to normal farm cultural 

practices according to A.R.S. 5 49-457 and A.R.S. 5 49-504.4. 

103.2 The provisions of this rule shall not apply to dust-generating operations 

that are subject to the standards and/or requirements described in Rule 

310-Fugitive Dust from Dust-generating Operations of these rules. 

103.3 The provisions of this rule shall not apply to emergency activities that may 

disturb the soil conducted by any utility or government agency in order to 

prevent public injury or to restore critical utilities to functional status. 

103.4 An area is considered to be a disturbed surface area until the activity that 

caused the disturbance has been completed and the disturbed surface area 

meets the standards described in this rule. 
103.5 Establishing initial landscapes without the use of mechanized equipment, 

conducting landscape maintenance without the use of mechanized 

equipment, and playing on or maintaining a field used for non-motorized 

sports shall not be considered a dust-generating operation. However, 

establishing initial landscapes without the use of mechanized equipment 

and conducting landscape maintenance without the use of mechanized 

equipment shall not include grading, or trenching, performed to establish 

initial landscapes or to redesign existing landscapes. 

103.6 Fugitive dust does not include particulate matter emitted directly from the 

exhaust of motor vehicles and other internal combustion engines, from 

portable brazing, soldering, or welding equipment, and from piledrivers, 

and does not include emissions from process and combustion sources that 

are subject to other rules in Regulation III (Control of Air Contaminants) 

of these rules. 

SECTION 200 - DEFINITIONS: See Rule 100-General Provisions and Definitions of 

these rules for definitions of terms that are used but not specifically defined in this 

rule. For the purpose of this rule, the following definitions shall apply: 

201 ANIMAL WASTE - Any animal excretions and mixtures containing animal 

excretions. 

202 AREA A - As defined in A.R.S. 5 49-541(1), the area in Maricopa County 

delineated as follows: 

Township 8 North, Range 2 East and Range 3 East 

Township 7 North, Range 2 West through Range 5 East 

Township 6 North, Range 5 West through Range 6 East 

Township 5 North, Range 5 West through Range 7 East 

Township 4 North, Range 5 West through Range 8 East 

Township 3 North, Range 5 West through Range 8 East 

Township 2 North, Range 5 West through Range 8 East 

Township 1 North, Range 5 West through Range 7 East 

Township 1 South, Range 5 West through Range 7 East 

Township 2 South, Range 5 West through Range 7 East 

Township 3 South, Range 5 West through Range 1 East 

Township 4 South, Range 5 West through Range 1 East 

203 AREA ACCESSIBLE TO THE PUBLIC - Any parking lot or public roadway 

that can be entered or used for public travel primarily for purposes unrelated to 

the dust-generating operation. 

204 BULK MATERIAL - Any material, including, but not limited to, the following 

materials that are capable of producing fugitive dust.: 

204.1 Earth. 
204.2 Rock. 

204.3 Silt. 

204.4 Sediment. 

204.5 Sand. 

204.6 Gravel. 

204.7 Soil. 

204.8 Fill. 

204.9 Aggregate less than 2 inches in length or diameter (i.e., aggregate base 

course [ABC]). 

204.10 Dirt. 

204.11 Mud. 

204.12 Demolition debris. 

204.13 Cotton. 

204.14 Trash. 

204.15 Cinders. 

204.16 Pumice. 

204.17 Saw dust. 

204.18 Feeds. 

204.19 Grains. 

204.20 Fertilizers. 

204.21 Fluff from shredders. 

204.22 Dry concrete. 

205 CHEMICALIORGANIC STABILIZER - Any non-toxic chemical or organic 

dust suppressant, other than water, which meets any specifications, criteria, or 

tests required by any Federal, State, or local water agency and is not prohibited 

for use by any applicable law, rule, or regulation. 

206 CONTROL NIEASURE - A technique, practice, or procedure used to prevent or 

minimize the generation, emission, entrainment, suspension, andlor airborne 

transport of fugitive dust. 

207 DISTURBED SCTRFACE AREA - A portion of the earth's surface or material 

placed on the earth's surface that has been physically moved, uncovered, 

destabilized, or otherwise modified from its undisturbed native condition if the 

potential for the emission of fugitive dust is increased by the movement, 

destabilization, or modification. 

208 DUST-GENERATING OPERATION - Any activity capable of generating 

fugitive dust, including but not limited to, the following activities: 

208.1 Land clearing, maintenance, and. land cleanup using mechanized 

equipment . 

208.2 Earthmoving. 

208.3 Weed abatement by discing or blading. 

208.4 Excavating. 
208.5 Construction. 

208.6 Demolition. 

208.7 Bulk material hand.ling (e.g., bulk material hauling and/or transporting, 

bulk material stacking, loading, and unloading operations). 

208.8 Storage and/or transporting operations (e.g., open storage piles, bulk 

material hauling andlor transporting, bulk material stacking, loading, and 

unloading operations). 

208.9 Operation of any outdoor equipment. 

208.10 Operation of motorized machinery. 

208.11 Establishing and/or using staging areas, parking areas, material storage 

areas, or access routes to and from a site. 

208.12 Establishing and/or using unpaved haul/access roads to, from, and within a 

site. 

208.13 Disturbed surface areas associated with a site. 

208.14 Installing initial landscapes using mechanized equipment. 

209 DUST SLTPPRESSANT - Water, hygroscopic material, solution of water and 

chemical surfactant, foam, non-toxic chemical stabilizer, or any other dust 

palliative, which is not prohibited for ground surface application by the Environmental Protection Agency (EPA) or the Arizona Department of Environmental 

Quality (ADEQ), or any applicable law, rule, or regulation, as a treatment 

material for reducing fugitive dust emissions. 

210 EMERGENCY - A situation arising from sudden and reasonably unforeseeable 

events beyond the control of the source, including acts of God, which situation 

requires immediate corrective action to restore normal operation, and that causes 

the source to exceed a limitation in this rule, due to unavoidable increases in 

emissions attributable to the emergency. An emergency shall not include any 

noncompliance due to improperly designed equipment, lack of preventative 

maintenance, careless or improper operation, or operator error. 

211 EMERGENCY ACTIVITY -Repairs that are a result of an emergency which 

prevents or hinders the provision of electricity, the distribution/collection of 

water, and the availability of other utilities due to unforeseen circumstances that 

are beyond the routine maintenance and repair due to normal wear conducted by a 

utility or municipality. 

212 FEED LANE ACCESS AREAS - Roads providing access from the feed 

preparation areas to and including feed land areas at a livestock activity. These 

access roads are typically used to distribute feed from feed trucks to the animals. 

213 FUGITIVE DUST - The particulate matter not collected by a capture system, 

that is entrained in the ambient air and is caused from human and/or natural 

activities, such as, but not limited to, movement of soil, vehicles, equipment, 

blasting, and wind. 
214 GRAVEL PAD - A layer of washed gravel, rock, or crushed rock that is at least 

one inch or larger in diameter, that is maintained at the point of intersection of a 

paved area accessible to the public and a work site entrance to dislodge mud, dirt, 

and/or debris from the tires of motor vehicles and/or haul trucks, prior to leaving 

the work site. A gravel pad shall consist of one inch to 3 inches rough diameter, 

clean, well-graded gravel or crushed rock. Minimum dimensions must be 30 feet 

wide by 3 inches deep, and, at minimum, 50 feet long or the length of the longest 

haul truck, whichever is greater. 

215 GRIZZLY - A device (i.e., rails, pipes, or grates) used to dislodge mud, dirt, 

and/or debris from the tires and undercarriage of motor vehicles and/or haul 

trucks prior to leaving the work site. . 

216 LIVESTOCK ACTIVITIES - Any activity directly related to feeding animals, 

displaying animals, racing animals, exercising animals, and/or for any other such 

activity, including but not limited to, livestock arenas, horse arenas, and feed lots. 

217 MOTOR VEHICLE - A self-propelled vehicle for use on the public roads and 

highways of the State of Arizona and required to be registered under the Arizona 

State Uniform Motor Vehicle Act, including any non-motorized attachments, such 

as but not limited to, trailers or other conveyances which are connected to or 

propelled by the actual motorized portion of the vehicle. 

218 NON-TRADITIONAL SOURCE OF FUGITIVE DUST - A source of fugitive 

dust that is located at a source that does not require any permit under these rules. 

The following non-traditional sources of fugitive dust are subject to the standards 

and/or requirements described in Rule 310.01-Fugitive Dust from NonTraditional Sources of Fugitive Dust of these rules: 

218.1 Vehicle use in open areas and vacant lots 

218.2 Open areas and vacant lots 

218.3 Unpaved parking lots 

218.4 Unpaved roadways (including alleys) 

218.5 Livestock activities 

218.6 Erosion-caused deposition of bulk materials onto paved surfaces 

218.7 Easements, rights-of-way, and access roads for utilities (electricity, natural 

gas, oil, water, and gas transmission) 

219 NORMAL FARM CULTURAL PRACTICE - All activities by the owner, 

lessee, agent, independent contractor, and/or supplier conducted on any facility 

for the production of crops and/or nursery plants. Disturbances of the field surface 

caused by turning under stalks, tilling, leveling, planting, fertilizing, or harvesting 

are included in this definition. 
220 OFF-ROAD VEHICLE - Any self-propelled conveyance specifically designed 

for off-road use, including, but not limited to, off-road or all-terrain equipment, 

trucks, cars, motorcycles, motorbikes, or motorbuggies. 

221 OPEN AREAS AND VACANT LOTS - Any of the following described in 

Section 221.1 through Section 221.3 of this rule. For the purpose of this rule, 

vacant portions of residential or commercial lots that are immediately adjacent 

and owned and/or operated by the same individual or entity are considered one 

vacant open area or vacant lot. 

221.1 An unsubdivided or undeveloped tract of land adjoining a developed or a 

partially developed residential, industrial, institutional, governmental, or 

commercial area. 

221.2 A subdivided residential, industrial, institutional, governmental, or 

commercial lot that contains no approved or permitted buildings or 

structures of a temporary or permanent nature. 

221.3 A partially developed residential, industrial, institutional, governmental, or 

commercial lot. 

222 OWNER AND/OR OPERATOR - Any person who owns, leases, operates, 

controls, or supervises a fugitive dust source subject to the requirements of this 

rule. 

223 PAVE - 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). 

PMlo NONATTAINMENT AREA - An area designated by the EPA as 

exceeding National Ambient Air Quality Standards based upon data collected 

through air quality monitoring. The geographical boundary of Maricopa County's 

PMlo nonattainment area is defined as the rectangle determined by and including 

the following townships and ranges: T6N, R3W; T6N, R7E; T2S, R3W; T2S, 

R7E; and TIN, R8E. Maricopa County's PMlo nonattainment area includes the 

following cities: Surprise, Peoria, Glendale, Phoenix, Scottsdale, Tempe, Mesa, 

Gilbert, Chandler, Avondale, Buckeye, and Goodyear. 

225 PROPERTY LINE - The boundaries of an area in which either a person causing 

the emission or a person allowing the emission has the legal use or possession of 

the property. Where such property is divided into one or more sub-tenancies, the 

property line(s) shall refer to the boundaries dividing the areas of all subtenancies. 

226 PUBLIC ROADWAYS - Any roadways that are open to public travel. 

227 TRACKOUTICARRYOUT - Any and all bulk materials that adhere to and 

agglomerate on the surfaces of motor vehicles, haul trucks, and/or equipment 
(including tires) and that have fallen or been deposited onto a paved area 

accessible to the public. 

228 TRACKOUT CONTROL DEVICE - 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. 

229 UNPAVED ACCESS CONNECTIONS - Any unpaved road connection with a 

paved public road. 

230 UNPAVED PARKING LOT - Any area that is not paved and that is used for 

parking, maneuvering, material handling, or storing motor vehlcles and 

equipment. An unpaved parking lot includes, but is not limited to, automobile 

impound yards, wrecking yards, automobile dismantling yards, salvage yards, 

material handling yards, and storage yards. For the purpose of this definition, 

maneuvering shall not include military maneuvers or exercises conducted on 

federal facilities. 

231 UNPAVED ROADWAY (INCLUDING ALLEYS) - A road that is not paved 

and that is owned by Federal, State, county, municipal, or other governmental or 

quasi-governmental agencies. For the purpose of this rule, an unpaved roadway 

(including alleys) is not a horse trail, hiking path, bicycle path, or other similar 

path used exclusively for purposes other than travel by motor vehicles. An 

unpaved roadway (including alleys) includes designated or opened trail systems 

and service roads regardless of surface composition and any other property 

dedicated or otherwise reserved for public or private street uses, as evidenced by a 

recorded document, or having thereon a public easement for such use. 

232 VACANT LOT - The definition of vacant lot is included in Section 221- 

Definition of Open Areas and Vacant Lots of this rule. 

SECTION 300 - STANDARDS 

301 GENERAL REQUIREMENTS FOR NON-TRADITIONAL SOURCES OF 

FUGITIVE DUST: 

301.1 An owner andor operator of a non-traditional source of fugitive dust shall 

be subject to the standards andor requirements described in this rule. 

Failure to comply with any such standards andor requirements is deemed 

a violation of this rule. 

301.2 When an owner andor operator of a non-traditional source of fugitive dust 

fails to stabilize disturbed surfaces of vacant lots as required in Section 

302.4 and Section 302.5 of this rule, the Control Officer shall commence 

- 
enforcement of those rule provisions regarding the stabilization of 

disturbed surfaces of vacant lots that include the following: 

a. Reasonable written notice to the owner or the owner's authorized 

agent or the owner's statutory agent that the unpaved disturbed surface 

of a vacant lot is required to be stabilized. The notice shall be given 

not less than 30 days before the day set for compliance and shall 

include a legal description of the property and the estimated cost to the 

county for the stabilization if the owner does not comply. The notice 

shall be either personally served or mailed by certified mail to the 

owner's statutory agent, to the owner at the owner's last known 

address or to the address to which the tax bill for the property was last 

mailed. 

b. Authority to enter upon any said landproperty where such nontraditional source of fugitive dust existslwhere such disturbed surface 

area exists and to take remedial andor corrective action as may be 

deemed appropriate to cope with and relieve, reduce, remedy, andor 

stabilize such non-traditional source of fugitive dust/such disturbed 

surface area. Any cost incurred in connection with any such remedial 

or corrective action by the Maricopa County Air Quality Department 

or any person acting for the Maricopa County Air Quality Department 

shall be reimbursed by the owner andor operator of such nontraditional source of fugitive dust. 

302 CONTROL MEASURES FOR NON-TRADITIONAL SOURCES OF 

FUGITIVE DUST: 

302.1 When engaged in the activities described in Section 302.4 through Section 

302.10 of this rule, the owner andor operator of a non-traditional source 

of fugitive dust shall implement control measures as described in Section 

302.4 through Section 302.10 of this rule, as applicable. 

302.2 Control measures shall be implemented to achieve the visible emissions 

requirements, as required for each activity and the compliance 

determination in Section 501 of this rule. 

302.3 Failure to implement control measures as required by this rule, as 

applicable, andor failure to maintain stabilization of a non-traditional 

source of fugitive dust with adequate surface crusting to prevent wind 

erosion as measured by the requirements in this rule shall be deemed a 

violation of this rule. 

302.4 Vehicle Use in Open Areas and Vacant Lots: The owner andor operator 

of a non-traditional source of fugitive dust that involves vehicle use in 

open areas and vacant lots shall be subject to the visible emissions 
requirements described in Section 302.4(a) of this rule and, unless 

otherwise specified and/or required, shall comply with the control 

measures described in Section 302.4(b) of this rule and the additional 

requirements described in Section 302.4(c) of this rule. 

a. Visible Emissions Requirements: The owner and/or operator of a 

non-traditional source of fugitive dust that involves vehicle use in open 

areas and vacant lots shall not cause, suffer, or allow visible emissions 

of particulate matter, including fugitive dust, beyond the property line 

within which the emissions are generated. 

b. Control Measures: 

(1) Prevent motor vehicle and/or off-road vehicle trespassing, parking, 

and/or access by installing barriers, curbs, fences, gates, posts, 

shrubs, trees, or other effective control measures; 

(2) Prevent motor vehicle and/or off-road vehicle trespassing, parking, 

and/or access by posting that consists of one of the following: 

(a) A sign written in compliance with ordinance(s) of local, 

County, State, or Federal sign standards. 

(b) An order of a government land management agency. 

(c) Most current maps approved by a government land 

management agency. 

(d) Virtual posting a government land management agency. 

(3) Uniformly apply and maintain surface gravel or chernicallorganic 

stabilizers to all areas disturbed by motor vehicles and/or off-road 

vehicles; or 

(4) Apply and maintain an alternative control measure approved in 

writing by the Control Officer and the Administrator. 

c. Additional Requirements: 

(1) If open areas and vacant lots are 0.10 acre (4,356 square feet) or 

larger and have a cumulative of 500 square feet or more that are 

disturbed by being driven over and/or used by motor vehicles, by 

off-road vehicles, or for material dumping, then the owner and/or 

operator shall implement one or more of the control measures 

described in Section 302.4(b) of this rule within 60 calendar days 
following the initial discovery by the Control Officer of 

disturbance or vehicle use on open areas and vacant lots. 

(2) Within 30 calendar days following the initial discovery by the 

Control Officer of disturbance or vehicle use on open areas and 

vacant lots, the owner andor operator shall provide in writing to 

the Control Officer a description and date of the control measure(s) 

to be implemented to prevent such disturbance or vehicle use on 

open areas and vacant lots. 

(3) The owner andor operator shall implement all control measures 

necessary to limit the disturbance or vehicle use on open areas and 

vacant lots in accordance with the requirements of this rule. 

Control measure(s) shall be considered effectively implemented 

when the open areas and vacant lots achieve the compliance 

determinations described in Section 302.4(a) of this rule. 

(4) Once a control measure in Section 302.4(b) of this rule has been 

effectively implemented, then such open area or vacant lot is 

subject to the requirements of Section 302.5-Open Areas and 

Vacant Lots of this rule. 

(5) Use of or parking on open areas and vacant lots by the owner 

andor operator of such open areas and vacant lots shall not be 

considered vehicle use in open areas and vacant lots and shall not 

be subject to the requirements of Section 302.4(b) and Section 

302.4(~)(1) through Section 302.4(~)(4) of this rule. Such open 

areas and vacant lots shall still achieve the compliance 

determinations described in Section 501 of this rule. 

(6) Establishing initial landscapes without the use'of mechanized 

equipment or conducting landscape maintenance without the use of 

mechanized equipment shall not be considered vehicle use in open 

areas and vacant lots and shall not be subject to the requirements of 

Section 302.4(b) and Section 302.4(~)(1) through Section 

302.4(~)(4) of this rule. Such open areas and vacant lots shall still 

achieve the compliance determinations described in Section 501 of 

this rule. 

302.5 Open Areas and Vacant Lots: The owner andor operator of a nontraditional source of fugitive dust that involves open areas and vacant lots 

shall be subject to the visible emissions requirements described in Section 

302.5(a) of this rule and, unless otherwise specified and/or required, shall 

comply with the control measures described in Section 302.5(b) of this 

rule and the additional requirements described in Section 302.5(c) of this 

rule. 
a. Visible Emissions Requirements: The owner and/or operator of a 

non-traditional source of fugitive dust that involves open areas and 

vacant lots shall not cause, suffer, or allow visible emissions of 

particulate matter, including fugitive dust, beyond the property line 

within which the emissions are generated. 

b. Control Measures: 

(1) Establish vegetative ground cover on all disturbed surface areas. 

Such control measure(s) must be maintained and reapplied, if 

necessary. Stabilization shall be achieved, per this control measure, 

within eight months after the control measure has been 

implemented. 

(2) Apply a dust suppressant to all disturbed surface areas. 

(3) Restore all disturbed surface areas within 60 calendar days 

following the initial discovery by the Control Officer of the 

disturbance, such that the vegetative ground cover and soil 

characteristics are similar to adjacent or nearby undisturbed native 

conditions. Such control measure(s) must be maintained and 

reapplied, if necessary. Stabilization shall be achieved, per such 

control measure, within eight months after such control measure 

has been implemented. 

(4) Uniformly apply and maintain surface gravel. 

(5) Apply and maintain an alternative control measure approved in 

writing by the Control Officer and the Administrator. 

c. Additional Requirements: 

(1) If open areas and vacant lots are 0.10 acre (4,356 square feet) or 

larger and have a cumulative of 500 square feet or more that are 

disturbed and if such disturbed area remains unoccupied, unused, 

vacant, or undeveloped for more than 15 days, then the owner 

and/or operator shall implement one or more of the control 

measures described in Section 302.5(b) of this rule within 60 

calendar days following the initial discovery by the Control Officer 

of the disturbance on the open areas and vacant lots. 

(2) Within 30 calendar days following the initial discovery by the 

Control Officer of the disturbance on the open areas and vacant 

lots, the owner and/or operator shall provide in writing to the 
Control Officer a description and date of the control measure(s) to 

be implemented. 

(3) Control measure(s) shall be considered effectively implemented 

when the disturbance on the open areas and vacant lots achieves 

the compliance determinations described in Section 302.5(a) of 

this rule. 

302.6 Unpaved Parking Lots: The owner and/or operator of a non-traditional 

source of fugitive dust that involves unpaved parking lots shall be subject 

to the requirements described in Section 302.6(a) of this rule and, unless 

otherwise specified and/or required, shall comply with one of the control 

measures described in Section 302.6(b) of this rule and the additional 

requirements described in Section 302.6(c) of this rule. 

a. Visible Emissions Requirements and Stabilization Requirements: 

(1) The owner and/or operator of a non-traditional source of fugitive 

dust that involves unpaved parking lots shall not cause, suffer, or 

allow visible emissions of particulate matter, including fugitive 

dust, beyond the property line within which the emissions are 

generated. 

(2) The owner and/or operator of a non-traditional source of fugitive 

dust that involves unpaved parking lots shall not cause or allow 

visible fugitive dust emissions to exceed 20% opacity and either 

Section 302.6(a)(2)(a) or Section 302.6(a)(2)(b) of this rule: 

(a) Shall not allow silt loading equal to or greater than 0.33 oz/ft2; 

or 

(b) Shall not allow the silt content to exceed 8%. 

b. Control Measures: 

(1) Pave; 

(2) Apply dust suppressants other than water and install, maintain, and 

use a suitable trackout control device that controls and prevents 

trackout and/or removes particulate matter from tires and the 

exterior surfaces of motor vehicles that traverse the site; 

(3) Uniformly apply and maintain surface gravel; or 

(4) Apply water and install, maintain, and use a suitable trackout 

control device that controls and prevents trackout and/or removes 
particulate matter from tires and the exterior surfaces of motor 

vehicles that traverse the site. 

c. Additional Requirements: 

(1) The owner and/or operator of an unpaved parking lot shall 

implement one of the control measures described in Section 

302.6(b) of this rule on any surface area(s) of the lot on which 

vehicles enter, park, and exit. 

(a) If an unpaved parking lot is utilized for a period of 35 days or 

less during the calendar year, the owner andor operator shall 

implement one or more of the control measures described in 

Section 302.6(b) of this rule during the period that the unpaved 

parking lot is utilized for vehicle parking and shall restrict 

vehicle access to only those areas upon which a control 

measure has been implemented. 

If an unpaved parking lot is utilized for more than 35 days 

during the calendar year, the owner and/or operator shall 

implement one or more of the control measures described in 

Section 302.6(b)(l) through Section 302.6(b)(3) of this rule 

during the period that the unpaved parking lot is utilized for 

vehicle parking and shall restrict vehicle access to only those 

areas upon which a control measure has been implemented. 

(2) Control measure(s) shall be considered effectively implemented 

when the unpaved parking lot achieves the compliance 

determinations described in Section 302.6(a) of this rule. 

(3) If trackout occurs, the owner and/or operator shall repair and/or 

replace the control measure(s) and shall clean-up immediately such 

trackout from paved areas accessible to the public including curbs, 

gutters, and sidewalks when trackout extends a cumulative 

distance of 25 linear feet or more and at the end of the day for all 

other trackout. 

(4) 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. 

(d) A stabilization method approved in writing by the Control 

Officer and the Administrator. 

(5) 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 a paving or stabilization method 

authorized by the county by code, ordinance, or permit. 

302.7 Unpaved Roadways (Including Alleys): The owner and/or operator of 

unpaved roadways (including alleys) that are used by 150 vehicle trips or 

more per day in the PMlo nonattainment area shall be subject to the 

stabilization requirements described in Section 302.7(a) of this rule and, 

unless otherwise specified and/or required, shall comply with one of the 

control measures described in Section 302.7(b) of this rule and the 

additional requirements described in Section 302.7(c) of this rule. 

a. Stabilization Requirements: The owner and/or operator of unpaved 

roadways (including alleys) shall not cause or allow visible fugitive 

dust emissions to exceed 20% opacity and either Section 302.7(a)(l) 

or Section 302,7(a)(2) of this rule: 

(1) Shall not allow silt loading equal to or greater than 0.33 oz/ft2; or 

(2) Shall not allow the silt content to exceed 6%. 

b. Control Measures: 

(1) Pave; 

(2) Apply dust suppressants other than water; or 

(3) Uniformly apply and maintain surface gravel. 

c. Additional Requirements: 

(1) If a person allows 150 vehicle trips or more per day on an unpaved 

roadway (including an alley) in the PMlO nonattainment area, then 

such person shall first implement one of the control measures 

described in Section 302.7(b) of this rule. 

(2) A person, who allows 150 vehicle trips or more per day on an 

unpaved roadway (including an alley) in the PMlo nonattainment 

area, shall be responsible for conducting vehicle countsltraffic 
counts to determine if 150 vehicle trips or more per day occur on 

an unpaved roadway (including an alley). A traffic count shall 

measure vehicular traffic over a 48-hour period, which may consist 

of two non-consecutive 24-hour periods. Vehicular traffic shall be 

measured continuously during each 24-hour period. The average 

vehicle countsltraffic counts on the highest trafficked days shall be 

recorded and provided to the Control Officer in writing within 60 

days of verbal or written request by the Control Officer. 

(3) Control measure(s) shall be considered effectively implemented 

under the following conditions: 

(a) When the unpaved roadway (including an alley) achieves the 

compliance determinations described in Section 302.7(a) of 

this rule. 

(b) When one of the control measures described in Section 

302.7(b) of this rule is implemented on 5 miles of unpaved 

roadways (including alleys) having vehicle traffic of 150 

vehicle trips or more per day within one calendar year 

beginning in calendar year of 2008. If the control measure 

described in Section 302.7(b)(2) of this rule is implemented, 

the unpaved roadways (including alleys) must be maintained so 

as to comply with Appendix C of these rules. 

302.8 Livestock Activities: The owner and/or operator of a non-traditional 

source of fugitive dust that involves livestock activities shall be subject to 

the visible emissions requirements described in Section 302.8(a) of this 

rule and, unless otherwise specified and/or required, shall comply with the 

control measures described in Section 302.8(b) of this rule and the 

additional requirements described in Section 302.8(c) of this rule. 

a. Visible Emissions Requirements: 

(1) For unpaved access connections and unpaved feed lane access 

areas, the owner and/or operator shall not cause or allow visible 

fugitive dust emissions to exceed 20% opacity. 

(2) For corrals, pens, and arenas, the owner and/or operator shall not 

cause or allow visible fugitive dust emissions to exceed 20% 

opacity for a period aggregating more than three minutes in any 

60-minute period. 

(3) The owner and/or operator shall not cause, suffer, or allow visible 

emissions of particulate matter, including fugitive dust, beyond the 

property line within which the emissions are generated. 
b. Control Measures: 

(1) For unpaved access connections: 

(a) Apply and maintain dust suppressants other than water; or 

(b) Apply and maintain pavement, gravel (maintained to a depth of 

four inches), or asphaltic roadbase. 

(2) For unpaved feed lane access areas: 

(a) Apply and maintain dust suppressants other than water; or 

(b) Apply and maintain pavement, gravel (maintained to a depth of 

four inches), or asphaltic roadbase. 

(3) For bulk material hauling, including animal waste, off-site and 

crossing and/or accessing a paved area accessible to the public: 

(a) Load all vehicles used to haul bulk material, including animal 

waste, such that the freeboard is not less than three inches; 

(b) Prevent spillage or loss of bulk material, including animal 

waste, from holes or other openings in the cargo 

compartment's floor, sides, and/or tailgate(s); 

(c) Cover cargo compartment with a tarp or other suitable closure; 

and 

(d) Install, maintain, and use a suitable trackout control device that 

controls and prevents trackout and/or removes particulate 

matter from tires and the exterior surfaces of motor vehicles 

that traverse the site. 

(4) For corrals, pens, and arenas: 

(a) Apply water; 

(b) Install shrubs and/or trees within 50 feet to 100 feet of corrals, 

pens, and arenas; 

(c) Scrape and/or remove manure; 

(d) Apply a fibrous layer (i.e., wood chips) in working areas; or 
(e) Apply and maintain an alternative control measure approved in 

writing by the Control Officer and the Administrator. 

c. Additional Requirements: 

(1) The owner and/or operator of livestock activities shall implement 

one of the control measures described in Section 302.8(b)(l), 

Section 302.8(b)(2), Section 302.8(b)(3), and Section 302.8(b)(4) 

of this rule, as applicable. 

(2) Control measure(s) shall be considered effectively implemented 

when the livestock activities achieve the compliance 

determinations described in Section 302.8(a) of this rule. 

(3) If trackout occurs, the owner and/or operator shall repair and/or 

replace the control measure(s) and shall clean-up immediately such 

trackout from paved areas accessible to the public including curbs, 

gutters, and sidewalks when trackout extends a cumulative 

distance of 25 linear feet or more and at the end of the day for all 

other trackout. 

302.9 Erosion-Caused Deposition of Bulk Materials Onto Paved Surfaces: 

The owner and/or operator of a non-traditional source of fugitive dust that 

involves erosion-caused deposition of bulk materials onto paved surfaces 

shall comply with the control measures described in Section 302.9(a) of 

this rule and the additional requirements described in Section 302.9(b) of 

this rule. 

a. Control Measures: 

(1) Remove any and all such deposits by utilizing the appropriate 

control measures within 24 hours of the deposits' identification or 

prior to the resumption of traffic on pavement, where the pavement 

area has been closed to traffic; and 

(2) Dispose of deposits in such a manner so as not to cause another 

source of fugitive dust. 

b. Additional Requirements: 

(1) In the event that erosion-caused deposition of bulk materials or 

other materials occurs on any adjacent paved roadway, paved 

parking lot, curb, gutter, or sidewalk, the owner and/or operator of 

the property from which the deposition eroded shall implement 

both of the control measures described in Section 302.9(a) of this 

rule. 
(2) Failure to comply with both of the control measures described in 

Section 302.9(a) of this rule shall constitute a violation of this rule. 

302.10 Easements, Rights-of-way, and Access Roads for Utilities 

(Transmission of Electricity, Natural Gas, Oil, Water, and Gas): The 

owner andor operator of a non-traditional source of fugitive dust that 

involves easements, rights-of-way, and access roads for utilities 

(transmission of electricity, natural gas, oil, water, and gas) that are used 

by 150 vehicle trips or more per day in the PMlo nonattainment area shall 

be subject to the stabilization requirements described in Section 302.10(a) 

of this rule and unless otherwise specified andor required, comply with 

one of the control measures described in Section 302.10(b) of this rule and 

the additional requirements described in Section 302.10(c) of this rule. 

a. Stabilization Requirements: The owner andor operator of a nontraditional source of fugitive dust that involves easements, rights-ofway, and access roads for utilities (transmission of electricity, natural 

gas, oil, water, and gas) shall not cause or allow visible fugitive dust 

emissions to exceed 20% opacity and either Section 302.10(a)(l) or 

Section 302.10(a)(2) of this rule: 

(1) Shall not allow silt loading equal to or greater than 0.33 ozlft2; or 

(2) Shall not allow the silt content to exceed 6%. 

b. Control Measures: 

(1) Pave; 

(2) Apply dust suppressants other than water; 

(3) Uniformly apply and maintain surface gravel; or 

(4) Install locked gates at each entry point. 

c. Additional Requirements: 

(1) If an owner andor operator allows 150 vehicle trips or more per 

day to use an easement, right-of-way, and access road for utilities 

(transmission of electricity, natural gas, oil, water, and gas) in the 

PMlo nonattainment area, then such owner andor operator shall 

first implement one of the control measures described in Section 

302.10(b) of this rule. 
(2) A person, who allows 150 vehicle trips or more per day to use an 

easement, right-of-way, and access road for utilities (transmission 

of electricity, natural gas, oil, water, and gas) in the PMlo 

nonattainment area, shall be responsible for conducting vehicle 

countsltraffic counts to determine if 150 vehicle trips or more per 

day occur on an easement, right-of-way, and access road for 

utilities (transmission of electricity, natural gas, oil, water, and 

gas). Such person shall provide to the Control Officer written 

results of such vehicle countsltraffic counts within 60 days of 

verbal or written request by the Control Officer. 

(3) Control measure(s) shall be considered effectively implemented 

when the easement, right-of-way, and access road for utilities 

(transmission of electricity, natural gas, oil, water, and gas) 

achieves the compliance determinations described in Section 

302.10(a) of this rule. 

SECTION 400 - ADMINISTRATIVE REQUIREMENTS (NOT APPLICABLE) 

SECTION 500 - MONITORING AND RECORDS 

501 COMPLLANCE DETERMINATION: To determine compliance with this rule, 

the following test methods shall be followed: 

501.1 Opacity Observations: 

a. Opacity observations to measure visible emissions shall be conducted 

in accordance with the techniques specified in EPA Reference Method 

203B (Visual Determination of Opacity of Emissions from Stationary 

Sources for Time-Exception Regulations). Emissions shall not exceed 

the applicable opacity standards of this rule for a period aggregating 

more than three minutes in any 60-minute period. 

b. Opacity observations to determine compliance with Sections 302.6, 

302.7, 302.8(a)(l), 302.8(a)(2), and 302.10 of this rule shall be 

conducted in accordance with the techniques specified in Appendix C 

(Fugitive Dust Test Methods) of these rules. 

501.2 Stabilization observations for unpaved parking lots and/or unpaved 

roadways (including alleys) shall be conducted in accordance with 

Appendix C, Section 2.1-Test Methods for Stabilization-for Unpaved 

Roads and Unpaved Parking Lots of these rules. 

501.3 Stabilization observations for an open area and vacant lot shall be 

conducted in accordance with the following: 
a. Appendix C, Section 2.3-Test Methods for Stabilization- Soil Crust 

Determination- The Drop Ball Test of these rules; or 

b. Appendix C, Section 2.4-Test Methods for Stabilization-Determination 

of Threshold Friction Velocity (TFV)-Sieving Field Procedure of these 

rules, where the threshold friction velocity (TFV) for disturbed surface 

areas corrected for non-erodible elements is 100 cmlsecond or higher; 

or 

c. Appendix C, Section 2.5-Test Methods for Stabilization-Determination 

of Flat Vegetative Cover of these rules, where flat vegetation cover 

(i.e., attached (rooted) vegetation or unattached vegetative debris lying 

on the surface with a predominant horizontal orientation that is not 

subject to movement by wind) is equal to at least 50%; or 

d. Appendix C, Section 2.6-Test Methods for Stabilization-Determination 

of Standing Vegetative Cover of these rules, where standing vegetation 

cover (i.e., vegetation that is attached (rooted) with a predominant 

vertical orientation) is equal to or greater than 30%; or 

e. Appendix C, Section 2.6-Test Methods for Stabilization-Determination 

of Standing Vegetative Cover of these rules, where the standing 

vegetation cover (i.e., vegetation that is attached (rooted) with a 

predominant vertical orientation) is equal to or greater than 10% and 

where the threshold friction velocity, corrected for non-erodible 

elements, is equal to or greater than 43 cmlsecond; or 

f. Appendix C, Section 2.7-Test Methods for Stabilization-Rock Test 

Method of these rules where a percent cover is equal to or greater than 

10% for non-erodible elements. 

g. An alternative test method approved in writing by the Control Officer 

and the Administrator . 

502 RECORDKEEPING: Any person subject to the requirements of this rule shall 

compile and retain records that provide evidence of control measure application 

(i.e., receipts and/or purchase records). Such person shall describe, in the records, 

the type of treatment or control measure, extent of coverage, and date applied. 

Upon verbal or written request by the Control Officer, such person shall provide 

the records and supporting documentation as soon as possible but no later than 48 

hours, excluding weekends. If the Control Officer is at the site where requested 

records are kept, such person shall provide the records without delay. 

503 RECORDS RETENTION: Copies of the records required by Section 502- 

Recordkeeping of this rule shall be retained for at least two years. 
COUVTY OF WCOPA 

State of Arizona 

Office of the Clerk 

Board of Supervisors 

State of Arizona ) ss. 

County of Maricopa ) 

I, Lori Pacini, Deputy Clerk of the Board of Supervisors, do hereby certi& that the 

following is a true and correct statement of the agenda item and the action taken by 

the Board of Supervisors at their meeting held on March 12,2008: 

PUBLIC HEARING - AIR POLLUTION CONTROL REGULATION RULE 314 - OPEN OUTDOOR FIRES 

AND INDOOR FIREPLACES AT COMMERCIAL AND INSTITUTIONAL ESTABLISHMENTS 

Pursuant to A.R.S. $49-479(b), Chairman Kunasek convened the scheduled public hearing to solicit 

comments on the proposed revisions to the following Maricopa County Air Pollution Control Regulation: Rule 

314, Open Outdoor Fires and Indoor Fireplaces at Commercial and Institutional Establishments, and to solicit 

comments on submitting the rule as a revision to the (Arizona) State Implementation Plan (SIP). 

Motion was made by Supervisor Stapley, seconded by Supervisor Brock, and unanimously carried (5-0) to 

adopt proposed revisions to Maricopa County Air Pollution Control Regulations, Rule 314 and to submit the 

revised rule as a revision to the (Arizona) State Implementation Plan (SIP). (Proposed Rule 314 on file in the 

Office of the Clerk of the Board) (C8508019700) (ADM2354) 

Air Qualit?; 

File: 

IN WITNESS WHEREOF, I have hereunto set 

my hand and aifixed the Oficiul Seal of the 

Cuunfy of Maricopa. Done ut Phoenix, [he 

Cou_nty Seat. Kn March 31, 2008. 

jq$,Lp),&,m 

Deputy C erk of the Board of Supervisors 

REGULATION I11 - CONTROL OF AIR CONTAMINANTS 

RULE 314 

OPEN OUTDOOR FIRES AND INDOOR FIREPLACES AT COMMERCIAL AND 

INSTITUTIONAL ESTABLISHMENTS 

INDEX 

SECTION 100 - GENERAL 

101 PURPOSE 

102 APPLICABILITY 

SECTION 200 - DEFINITIONS 

201 AIR CURTAIN DESTRUCTOR 

202 AREA A 

203 DANGEROUS MATERIAL 

204 DITCHBANK 

205 EMISSION REDUCTION TECHNIQUES (ERTs) 

206 FENCEROW 

207 FIREBOX 

208 FLUE 

209 OPEN OUTDOOR FIRE OR OPEN BURNING 

210 ORCHARD HEATERS 

21 1 PROHIBITED MATERIALS 

212 PUBLIC OFFICER 

213 RESTRICTED-BURN PERIOD 

214 WOOD BURNING CHIMINEAS 

SECTION 300 - STANDARDS 

301 PROHIBITION - OPEN OUTDOOR FIRES 

302 OPEN OUTDOOR FIRES REQLIRED TO OBTAIN A BURN PERMIT 

303 OPEN OUTDOOR FIRES NOT REQUlRED TO OBTAIN A BURN PERMIT 

304 OPEN OUTDOOR FIRES IN AN AIR CURTAIN DESTRUCTOR 

305 ADDITIONAL REQUIREMENTS FOR OPEN OUTDOOR FIRES ALLOWED 

PER SECTIONS 302,303 AND 304 

306 PROHIBITION - BURNING IN INDOOR FIREPLACES 
SECTION 400 - ADMINISTRATIVE REQUIREMENTS FOR BLJRN PERMITS AND 

BURN PLANS 

401 FEES REQUIRED 

402 BLRN PERMIT APPLICATION 

403 BURN PERMIT CONDITIONS 

404 BURN PERMIT DENIAL 

405 BURN PERMIT TERMS 

406 BURN PLAN APPLICATION AND CONDITIONS 

SECTION 500 - MONITORING AND RECORDS 

501 RECORDKEEPING AND REPORTING 

502 RECORDS RETENTION 

503 PROGRAM REVIEW 

APPENDIX TO RULE 314 

AIR CURTAIN DESTRUCTOR AND FIREBOX PROCEDURES 
Revised 07/13/88 

Revised 12/19/01 

Revised 04/20/05 

Revised 03/12/08 

MARICOPA COUNTY 

AIR POLLUTION CONTROL REGULATIONS 

REGULATION I11 - CONTROL OF AIR CONTAMINANTS 

RLLE 314 

OPEN OUTDOOR FIRES AND INDOOR FIREPLACES AT COMMERCIAL AND 

INSTITUTIONAL ESTABLISHNIENTS 

SECTION 100 - GENERAL 

101 PURPOSE: To limit the emissions of air contaminants produced from open 

burning and from indoor fireplaces at commercial and institutional 

establishments. 

102 APPLICABILITY: Rule 3 14 is applicable to any open outdoor fire and burning 

in indoor fireplaces at commercial and institutional establishments that is 

conducted within Maricopa County. 

SECTION 200 - DEFINITIONS: See Rule 100 (General Provisions and Definitions) of these 

rules for definitions of terms that are used but not specifically defined in this rule. For the 

purpose of this rule, the following definitions shall apply: 

201 AIR CURTAIN DESTRUCTOR - A device designed to form a curtain of air 

over a firebox in which burning occurs that aids in more complete combustion 

through increases in turbulence and combustion time. Above ground air curtain 

destructors are the only type of air curtain destructor that are allowed in Maricopa 

County. 

202 AREA A - As defined in Arizona Revised Statutes (A.R.S.) 5 49-541(1), the area 

in Maricopa County delineated as follows: 

Township 8 North, Range 2 East and Range 3 East 

Township 7 North, Range 2 West through Range 5 East 

Township 6 North, Range 5 West through Range 6 East 

Township 5 North, Range 5 West through Range 7 East 

Township 4 North, Range 5 West through Range 8 East 

Township 3 North, Range 5 West through Range 8 East 

Township 2 North, Range 5 West through Range 8 East 

Township 1 North, Range 5 West through Range 7 East 

Township 1 South, Range 5 West through Range 7 East 
Township 2 South, Range 5 West through Range 7 East 

Township 3 South, Range 5 West through Range 1 East 

Township 4 South, Range 5 West through Range 1 East 

DANGEROUS MATERIAL - Any substance or combination of substances that 

is capable of causing bodily harm or property loss unless neutralized, consumed, 

or otherwise disposed of in a controlled and safe manner. 

DITCHBANK - A lateral area not to exceed two and one half feet on either side 

of a ditch. 

ENIISSION REDUCTION TECHNIQUES (ERTs) - Methods for controlling 

emissions from outdoor fires to minimize the amount of emissions output per unit 

of area burned. Types of ERTs include minimizing the material to be burned, 

preventing fire from spreading by lining the area and applying fire retardant foam 

or water, allowing the material to dry before burning, extinguishing the 

smoldering bums, burning in piles, and burning in the opposite direction of the 

wind. 

FENCE ROW - A lateral area not to exceed two and one half feet on either side 

of the centerline of a fence. 

FIREBOX - The chamber or compartment inside of an air curtain destructor 

wherein materials are burned. 

FLUE - Any duct or passage for air or combustion gases, such as a stack or 

chimney. 

OPEN OUTDOOR FIRE OR OPEN BURNING - Any combustion of any type 

of material outdoors, where the products of combustion are not directed through a 

flue. Open outdoor fires include agricultural, residential and prescribed burning. 

Purposes for fires can include prevention of a fire hazard, instruction in the 

methods of fighting fires, watershed rehabilitation, disease and pest prevention. 

ORCHARD HEATERS - A device which helps prevent frost damage to fruit 

trees by heating. An orchard heater consists of a pipeline heater system operated 

from a central control from which fuel is distributed by a piping system from a 

centrally located tank. 

PROHIBITED MATERIALS - Non-paper garbage from the processing, 

storage, service or consumption of food; books, magazines, fiberboard, 

packaging, rags, fabrics, office records, chemically treated or soaked wood; leadpainted wood; linoleum flooring, and composite counter tops; tires; animal wastes 

and carcasses, coal, liquid or gelatinous hydrocarbons tar, explosives or 

ammunition; oleanders, leaves, grass clippings, refuse; asphalt shingles or asphalt; 

tar paper; plastic and rubber products, including bottles for household chemicals; 
plastic grocery and retail bags; waste petroleum products, such as waste crankcase 

oil, transmission oil, and oil filters; transformer oils; asbestos; batteries; antifreeze; aerosol spray cans; electrical wire insulation; thermal insulation; polyester 

products; hazardous waste products such as paints, pesticides, cleaners and 

solvents, stains and varnishes, and other flammable liquids; plastic pesticide bags 

and containers; and hazardous material containers including those that contained 

lead, cadmium, mercury and arsenic compounds. 

212 PUBLIC OFFICER - Any elected or appointed officer of a public agency 

established by charter, ordinance, resolution, state constitution or statute, but 

excluding members of the legislature. 

213 RESTRICTED-BURN PERIOD - A condition declared by the Control Officer 

whenever meteorological conditions are conducive to an accumulation of carbon 

monoxide (CO), ozone, andfor particulate matter in exceedance of the standards 

: or when air quality reaches other limits established by the Control Officer or 

when there is increased fire danger. 

214 WOOD BURNING CHIMINEAS - Chimineas are burning devices made from 

clay, aluminum, and steel and are used for warmth and aesthetics outside in yards 

and patios. Chimineas are designed to bum solid fuels. 

SECTION 300 - STANJlARDS 

301 PROHIBITION - OPEN OUTDOOR FIRES: It shall be unlawful for any 

person to ignite, cause or permit to be ignited, allow, maintain any open outdoor 

fire within the limits of Maricopa County, except as provided in Sections 302, 

303, 304,305 and in the Appendix of this rule. 

302 OPEN OUTDOOR FIRES REQUIRED TO OBTAIN A BURN PERMIT: 

The types of fires described in Subsections 302.1 and 302.2 of this rule require a 

bum permit that is obtained from the Control Officer prior to initiating the bum. 

Even after the Control Officer issues the bum permit, the person conducting the 

fire shall call both the fire department and the Control Officer to obtain 

permission to bum for each day. The Control Officer shall base his decision to 

approve or deny permission to bum on National Weather Service forecasts or 

other meteorological analyses that are indicative of a Restricted-Bum Period. See 

Section 402 of this rule for additional requirements regarding bum permits. 

302.1 Fires Prohibited During Restricted- Bum Periods in Maricopa County, But 

Allowed From May 1 thru September 30 Each Year in Area A: 

a. Open outdoor fires that are declared necessary by the County 

Agricultural Agent, when such fires have been determined as 

essential for the purposes of disease andor pest prevention and 
certified by actual investigations by the County Agricultural 

Agent . 

b. Open outdoor fires for the control of weeds for the.prevention of 

fire hazards, when such fires are declared necessary by a public 

officer in the performance of his official duties. 

c. Open outdoor fires for fire fighting training and fire fighting 

training areas and structures. See Section 303.2 b of this rule for an 

exemption to this requirement. 

d. Open outdoor fires for the burning of agricultural ditchbanks and 

fence rows where other reasonable mechanical, chemical, or other 

methods of removal are not available. In addition: 

(1) A high temperature mechanical burner must be used to 

bum ditchbanks, canal laterals, and/or fence rows. 

(2) Burning ditchbanks and/or fence rows is not allowed during 

a restricted-bum period from October 1 through February 

29, unless such fires are required in the performance of an 

official duty of any public office, or such fires are 

necessary to thwart or prevent a hazard that cannot be 

properly managed by any other means, or are necessary for 

the protection of public health. 

(3) An on-site inspection by the Control Officer must be 

conducted to verify that only vegetative materials will be 

burned. 

(4) After an initial on-site inspection by the Control Officer has 

been completed, a Bum Permit may be issued for the same 

location(s) without having to conduct additional initial onsite inspections. However, periodic, unscheduled, on-site 

inspections may be conducted by the Control Officer on 

days when such burning has been authorized by the Bum 

Permit . 

e. Open outdoor fires declared necessary by the Federal government 

or any of its departments, agencies, or agents, or the state or any of 

its agencies, departments, or subdivisions for the purpose of 

watershed rehabilitation or control through vegetative 

manipulation. 

302.2 Fires Prohibited During Restricted-Bum Periods in Maricopa County and 

Also Prohibited From May 1 to September 30 Each Year in Area A: 
a. Open outdoor fires for the destruction of tumbleweeds for the 

prevention of fire hazards in cases where other reasonable methods 

are not available. 

(1) Tumbleweeds must be cut, piled, and dried before burning. 

(2) A high temperature mechanical bumer may be used to bum 

un-dried tumbleweeds in situations where it is not feasible 

to allow natural drying. 

(3) A high temperature mechanical bumer must be used to 

bum tumbleweeds growing along canal laterals and fence 

rows. 

b. Open outdoor fires for the buming of indigenous scrub vegetation 

cleared for the purpose of agricultural operations in non-urban 

areas of low population where other reasonable methods are not 

available. 

(1) The Control Officer shall issue such Bum Permit only once 

per geographical location. 

(2) An on-site inspection must be conducted to determine 

removal of all other materials (e.g. wood, rubber, tires, dirt 

and metal) before the issuance of the Bum Permit. 

303 OPEN OUTDOOR FIRES NOT REQUIRED TO OBTAIN A BLJRN 

PERMIT: The person conducting any type of fire listed in Section 303 of this 

rule does not need to obtain a bum permit. However, the person conducting the 

fire may be required to contact the Control Officer for permission to bum prior to 

igniting the fire when specified below in Subsections 303.1 through 303.3. 

303.1 Fires Allowed At Any Time of The Year in Maricopa County or Area A: 

a. Cooking for immediate human consumption. 

b. Orchard heaters for frost protection in farming or nursery 

operations. 

c. Proper disposal of flags under 4 United States Code 8. 

d. The display of fireworks for recreational purposes or pyrotechnics 

for musical or cinematic/theatrical functions. 
303.2 Fires Prohibited During Restricted- Bum Periods in Maricopa County: 

The person conducting any type of fire listed in Subsection 303.2 of this 

rule shall first call the County Air Quality Updates Hotline to hear the 

recorded message or check local government web sites to determine 

whether a Restricted-Burn Period has been declared each day. If that is the 

case, then open outdoor burning is prohibited. 

a. Fire extinguisher training. This exemption from needing a bum 

permit applies only when the training is limited to using a small 

amount of flammable liquid and a small container (i.e. a 

wastepaper basket or a flat pan). 

b. Fire fighting training, training areas and training structures are 

exempt from needing a permit if the sole source of flame is a 

burner fueled by either liquefied petroleum gas or natural gas, with 

a British Thermal Unit (BTU) input per hour rating of less than 

2,000,000 BTUs. 

c. Testing potentially explosive-containing, flammable, or 

combustible products (e.g., automotive airbags, rocket motors, gas 

generators, and vehicular assemblies) in accordance with 

Department of Transportation (DOT) or Department of Defense 

guidelines. This exemption from needing a bum permit refers to 

testing of hazard classification, packaging performance, 

propagation, andlor mass fire, but only when testing area is 

controlled, is relatively small, and when testing is not considered to 

be nor is associated with the disposal of dangerous material. 

d. Testing potentially explosive-containing products for commercial, 

military, and law enforcement uses. This exemption from needing 

a bum permit applies only when the testing is controlled, relatively 

small and not considered to be nor is associated with the disposal 

of dangerous material. 

e. Disposal of dangerous material must be conducted in compliance 

with the Arizona Department of Environmental Quality's 

(ADEQ's) regulations. 

303.3 Fires Prohibited During Restricted-Bum Periods in Maricopa County and 

Also Prohibited From May 1 Through September 30 Each Year in Area A: 

The person conducting any type of fire listed in Subsection 303.3 of this 

rule shall first call the County Air Quality Updates Hotline to hear the 

recorded message or check local government web sites to determine 

whether a restricted-bum period has been declared. If that is the case, then 

open outdoor burning is prohibited. 
a. Warmth for human beings. 

b. Recreational purposes. 

c. Wood Burning Chimineas and outdoor pits. 

d. Branding of Animals. 

304 OPEN OUTDOOR FIRES IN AN AIR CURTAIN DESTRUCTOR: Prior to 

conducting an open outdoor fire in an air curtain destructor shall obtain a Title V 

permit form ADEQ and a site specific Bum Plan approved by the Control Officer. 

See the Appendix to Rule 3 14 for further requirements for the use of air curtain 

destructors. See Section 406 of this rule for Bum Plan Applications and 

Conditions. 

305 ADDITIONAL REQUIREMENTS FOR OPEN OUTDOOR FIRES 

ALLOWED PER SECTIONS 302,303, and 304: 

305.1 Prohibited materials cannot be burned in open outdoor fires except as 

provided in Subsections 303.2(a), 303.2(b), 303.2(c), 303.2(d) and 

303.2(e). 

305.2 Open outdoor fires cannot be conducted before the hours of 10 a.m. and 

after 5 p.m. from October 1 to March 3 1 and before the hour of 6 a.m. and 

after 6 p.m. from April 1 to September 30 except as provided in 

Subsections 302.l(c), 303.2(b), and 303.3. 

305.3 Open outdoor fires cannot be conducted during any weekends or holidays 

except as provided in subsections 302.1 (c), 303.1,303.2(b), and 303.3. 

305.4 Fire extinguishing equipment shall be available at all times during open 

outdoor fires. 

305.5 An attendant shall be present at all times during open outdoor fires for the 

duration of the bum. 

305.6 Open outdoor fires shall never be initiated with items that cause the 

production of black smoke. 

305.7 An air curtain destructor must be used for the burning of certain vegetative 

materials greater than 6 inches in diameter and an on-site inspection must 

be conducted before burning. 

306 PROHIBITION - BURNING IN INDOOR FIREPLACES: Burning in indoor 

fireplaces that use any fuels other than gaseous fuels, including gas logs, at 

commercial and institutional establishments is prohibited during Restricted-Burn 
Periods in Maricopa County. The owner or operator of a commercial or 

institutional fireplace shall first call the County Air Quality Updates Hotline to 

hear the recorded message or check local government web sites to determine 

whether a Restricted-Bum Period has been declared. If that is the case, then 

burning is prohibited except if using gaseous fuels. 

SECTION 400 - ADMINISTRATIVE REQUIREMENTS FOR BURN PERMITS AND 

BLIRN PLANS 

401 FEES REQUIRED: A fee shall be charged for a Bum Permit or the approval of 

each site specific Air Curtain Destructor Bum Plan as set forth in Rule 280 (Fees) 

of these rules. 

402 BURN PERMIT APPLICATION: A person shall file with the Control Officer, 

on a form prescribed by the Control Officer, a Bum Permit application and the 

complete application fee as described in Rule 280 (Fees) of these rules. The 

Control Officer shall act on a Bum Permit application and shall notify the 

applicant within 14 calendar days of the filing of the completed application. 

402.1 A separate Bum Permit application is required for each bum site location 

not contiguous to the location on the original Bum Permit application. 

402.2 The Control Officer shall conduct an on-site inspection before issuing the 

Bum Permit. 

402.3 , The issuance of a Bum Permit does not relieve the permittee from any of 

the requirements of a fire department having jurisdiction, including but not 

limited to having the Bum Permit validated by such fire department. 

402.4 Permission given by a Public Officer for setting any fire given by a public 

officer in the performance of official duty under Sections 300 through 304 

of this rule shall be given in writing and a copy of the written permission 

shall be transmitted immediately to the Control Officer. The setting of any 

such fire shall be conducted in a manner and at such times as approved by 

the Control Officer, unless doing so would defeat the purpose of this 

exemption. 

402.5 If a person has obtained a Title V Permit, a Non-Title V Permit, or a 

General Permit under Regulation II (Permits and Fees) of these rules that 

includes condition(s) regarding open outdoor fires, then such person shall 

not be required to obtain a separate Bum Permit from the Control Officer. 

An owner or operator of an air curtain destructor that has obtained a Title 

V permit from the ADEQ shall submit a bum plan for each bum site 

location to the Control Officer as described in the Appendix to Rule 314. 
403 BURN PERMIT CONDITIONS: The Control Officer may impose any permit 

conditions that are necessary to ensure compliance with Federal laws, State laws, 

or these rules. Bum Permit condition(s) may include, but are not limited to, 

burning hours, notification of intent to bum, and Bum Permit posting. 

404 BURN PERMIT DENIAL: The Control Officer shall deny a Bum Permit 

application if the material or operations do not meet the criteria described in this 

rule. 

405 BURN PERMIT TERMS: A Bum Permit shall be issued for the following 

terms: 

• DiseaseIPest Prevention: 30 days from date of issuance 

• Fire Hazard: 30 days from date of issuance 

• Tumbleweeds: 30 days from date of issuance 

• DitchbankIFence Row: 1 year from date of issuance 

a Fire Fighting Training/Structures: 1 year from date of issuance 

406 BURN PLAN APPLICATION AND CONDITIONS: In order to use an air 

curtain destructor, a person shall file with the Control Officer, on a form 

prescribed by the Control Officer, a Bum Plan application and the complete 

application fee as described in Rule 280 (Fees) of these rules. The Control Officer 

shall act on a Bum Plan application and shall notify the applicant within 14 

calendar days of the filing of the completed application. 

406.1 A separate, site-specific Bum Plan application is required for each bum 

site location not contiguous to the location. 

406.2 A Bum Plan Application shall be site-specific and shall list the following, 

at a minimum: 

a. Notification of intent to bum; 

b. The anticipated dates and hours of the bum; 

c. The type' and quantity of fuel that will be used; 

d. The type of material burned; 

e. The legal location, to the nearest township, range and section or 

latitude and longitude, to the nearest degree minute, street address, 

or parcel number; 

f. The Bum Plan posting; and 

g. The listing of the air curtain destructor's requirements as outlined 

in Section A of the Appendix to this rule. 
406.3 The Control Officer shall conduct an on-site inspection before approving 

the Bum Plan Application. 

406.4 The issuance of a Bum Plan does not relieve the permittee from any of the 

requirements of a fire department having jurisdiction, including but not 

limited to having the Bum Plan validated by such fire department. 

406.5 The Control Officer may impose any conditions that are necessary to 

ensure compliance with Federal laws, State laws, or these rules. 

406.6 The Control Officer shall deny a Bum Plan application if the material or 

operations do not meet the criteria described in this rule. 

SECTION 500 - MONITORING AND RECORDS 

501 RECORDKEEPING AND REPORTING: 

501.1 The following information shall be provided to the Control Officer for 

each time that open burning occurs for persons and operations subject to 

Sections 302,304 and Subsections 303.2 (c), (d) and (e). This information 

shall be provided on a daily basis either by writing, fax, or electronically 

and shall include: 

The date of the bum; and 

The type and quantity of fuel burned for each date open 

outdoor burning occurs; and 

The fire type such as a pile or windrow for each date that 

open outdoor burning occurs; and 

The legal location, to the nearest township, range and 

section, or latitude and longitude, to the nearest degree 

minute, street address, or parcel number. 

502 RECORDS RETENTION: 

502.1 Maricopa County shall retain permits issued for open burning available for 

inspection by the ADEQ for five years. 

502.2 For each permit issued, Maricopa County shall have a means of contacting 

the person authorized by the permit to set an open fire, if an order to 

extinguish open burning is issued by either the County or ADEQ. 

Therefore the permit application must contain the name of a contact 

person and shall list a means of contacting that person. 

503 PROGRAM REVIEW: 
503.1 Maricopa County shall hold or attend a public meeting annually for 

interested parties to review operations of the open outdoor fire program 

and discuss emission reduction techniques. 

503.2 Maricopa County shall annually submit to the ADEQ a record of daily 

burn activity by May 15 of each calendar year. 
APPENDIX TO RULE 314 

AIR CURTAIN DESTRUCTOR AND FIREBOX PROCEDURES 

A. Air Curtain Destructor Requirements: The following must be complied with 

prior to approval of an air curtain destructor by the Control Officer: 

1. The length of the firebox must not exceed the length of the plenum. 

2. The firebox shall be lined with refractory materials. 

3. The depth of the firebox shall be of such a distance to allow all burning 

material to be below the curtain of air created by the air curtain destructor. 

4. The width of the firebox shall not extend beyond the length of the nozzle 

action. 

5. The firebox must have 4 stable, vertical sides. 

6. When air curtain destructor locations are changed, an inspection of the 

newly located air curtain destructor must be made by the Control Officer 

prior to burning. 

B. Equipment Set-Up: 

1. An owner or operator of an air curtain destructor shall use a firebox and 

not a pit or trench to conduct open outdoor burning. 

2. The equipment must be positioned so as to allow the blower's airflow to 

strike at a downward angle no less than 24 inches below the opposite rim 

of the firebox. 

3. There shall be at least 1,000 feet between any two air curtain destructors. 

4. An air curtain destructor shall be located at least 500 feet from any 

residence or building structure. 

5. An air curtain destructor shall be located at least 500 feet from any 

pipeline or fuel storage area. 

6. An air curtain destructor shall be located at least 250 feet from any power 

lines. 

7. Material that is not being worked or is being stockpiled to be burned at a 

later date by using an air curtain destructor shall be kept at least 75 feet 

from the air curtain destructor while the bum is taking place. 
C. Operation of Blower: 

1. The proper blower speed must be maintained according to manufacturer's 

specifications. 

2. The blower must be operating when and as long as any material in the 

firebox is burning. 

D. Loading of the Firebox: 

1. When loading (feeding) the firebox, the material must not extend above 

the air curtain (blower airflow). 

2. The loading of materials into the firebox must be discontinued at a 

minimum of 2 hours prior to the end of the designated burning hours. The 

blower must continue to operate until the end of the burning hours or until 

combustion is completed. 

3. Adequate measures must be taken to assure that no emissions emanate 

from materials left in the firebox (i.e. when combustion is completed). All 

materials left in the firebox must be extinguished with water or covered 

over with a minimum of 1 foot of mineral soil. 

E. Firebox Clean-Out: All materials removed from the firebox must be completely 

extinguished and all reasonable precautions taken to control emissions. 

F. Burning Hours for Air Curtain Destructors: The following burning hours 

apply: 

April - September 6 a.m. - 6 p.m. 

October - March 10 a.m. - 5 p.m. 

While complying with the above schedule, the permittee must also obtain 

permission from the Control Officer on each day of burning. Burning using an air 

curtain destructor is not authorized on weekends nor on holidays. Prohibited 

materials shall never be burned in an air curtain destructor.