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# City Clerk's Onice 12145 N.W. GrandAve, Suite 1,El Mirage, AZ


### April 24,2008 Arizona Department of Environmental Quality ADEQ Air Quality Division 

### ATTN: Diane Arnst, Planning SectionManager 

### 11 10 W. Washington St Phoenix, 

### AZ 85007


### RE: Clean Air Plan
Ms. Arnst;
As per therequest fromNancy C. Wrona, please find enclosed a copy ofthe approved minutes from the Regular Council meeting held Wednesday, March 13,2008and a copy ofthe adopted Ordinance Number 008-03-03,Air Pollution and Dust Control Regulations.
Inthe eventthat have any questions or required additional information, please do not hesitateto contact me at (623) 876-2925. Sincerely,

Richard Saathoff,

### MMC City Clerk City ofEl Mirage

Cityof El Mirage, PO. Box26, El Mirage, Arizona 85335 (623) 876-2925, TDD (623) 933-3258 www.cityofelmirage. orgREGULAR MEETING OF THE COMMON COUNCIL OF THE CITY OF EL MIRAGE EL MIRAGE MUNICIPALCOURT 1401 0 

### N. EL MIRAGE ROAD 6:00 P.M., THURSDAY, MARCH 13,2008 Minutes 

### 1. CALL TO ORDER 

## -The meetingwas calledto order by Mayor Fred Waterman at 

### 6:00 p.m. Col.~ncilled the public in the Pledge of Allegiance and a Momentof Silence.
II. ROLL CALL - Present were: Mayor FredWaterman, CouncilorXavier Bedolla, Councilor Bill Conner, Councilor Roy Delgado, CouncilorAdam Super. Excused: Vice Mayor Michele Kern, Councilor Roger Cleveland.
Ill. CONSENT AGENDA
A. Consideration and action approving the Minutes ofthe Regular Council Meeting held Thursday, February 28,2008. 

### B. Consideration and action regarding the destruction of records that have surpassed the retention period as determined by the Arizona State Department of Records Management. C. Consideration and action tosubmit a grant application to GADA for design concept reportthat delineates optionsfor water re-use systemfor the City of El Mirage south of Peoria Avenue.
D. Consideration and action to give signature authority tothe City Managerto award the contractfor theWastewater Treatment Facility InfluentScreening (PW07-WW02) to J.R. Filanc Construction Company inthe amount of$100,822.00 and approve a 10 

### Oh contingency inthe amount of$10,082.20. The total amount requested is$110,904.20. E. Consideration and actionto give the City Manager signature authority to enter intoa cooperative agreement contractthrough the City of Tucson, Contract#043107, for the application of liquidasphalt byWestern Emulsions inthe amount of$229,773.05.
F. Consideration and action to give the City Manager signature authority to enter into a cooperative agreement contract through the Dysart School Districtand SAVE cooperative purchasing program, Contract #0506-018, for crack sealing of City streets by Sunland Asphalt inthe amount of $60,142.36. Councilor Super made a motion to approve ConsentAgenda itemsA through F; seconded by Councilor Bedolla.

### Regular Minutes 311 3/08 Page 2 of 

### 4 VOTE: Yea: Bedolla, Conner, Delgado, Super, Waterrnan Nay: none Absent: Cleveland, Kern Motion: Carried
IV. REGULAR AGENDA I) 

### Public Hearing: a) Plat of Heritage Sunwest Cemetery

## - 12525 NW Grand Avenue. b) Site Plan for Thunderbird Crossings atthe SE corner of Thunderbird and 1 

### 27thAvenue. MayorWaterman opened the public hearing. No public comments were received MayorWaterman closed tlie public hearing. 2) Consideration and action on approval of Resol~~tion R08-03-06, approving the platfor Heritage Sunwest Cemetery at 12545 NW Grand Ave. Councilor Super made a motionto approve Resolution R08-03-06, approving the plat for Heritage Sunwest Cemetery; seconded by Councilor Delgado. VOTE: Yea: Bedolla, Conner, Delgado, Super, Waterrnan Nay: none Absent: Cleveland, Kern Motion: Carried 3) Consideration and action on approval ofsite planfor Thunderbird Crossings Retail Center atthe SE corner of Thunderbird and 127'~ Avenue. Councilor Super made a motion to approve the site plan for Thunderbird Crossings Retail Center at the 

### SE corner of Thunderbird and 

### 127'~ Avenue; seconded by Councilor Conner. VOTE: Yea: Bedolla, Conner, Delgado, Super, Waterman Nay: none Absent: Cleveland, Kern Motion: Carried 4) Consideration and action approving the adoption ofOrdinance 008-03- 02 authorizing the exchange of real property with the Rancho Mirage Homeowner's Association.Regular Minutes 3113/08 Page 3 of 4 Councilor Delgado made a motionto approve Ordinance 008-03-02, authorizingthe exchange of real property with the Rancho Mirage Homeowner's Association; seconded by Councilor Conner. VOTE: Yea: Bedolla, Conner, Delgado, Super, Waterman Nay: none Absent: Cleveland, Kern Motion: Carried 5) Consideration and action to approve amending the Code of the City of El Mirage 

### by adding a new Chapter 23, titled "Air Pollution Control Regulations

# - Dust Control" and deleting Section 13-4.1,titled "Excessive Dust," of Chapter 13,to address mandated measures and comply with the Maricopa Association of Governments (MAG) Five Year PM-10 Reduction Plan 

### bythe deadline of March 31, 2008. Councilor Super made a motionto approve amending the City Code of the City of El Mirage by Ordinance 008-03-03, regarding Air Pollution Control; seconded by Councilor Bedolla. VOTE: Yea: Bedolla, Delgado, Super, Waterman Nay: Conner Absent: Cleveland, Kern Motion: Carried
V. MAYOR'S COMMENTS and COUNCIL SUMMARY OF CURRENT EVENTS Co~~ncilor Delgado statedthat he attended a meeting with Dysart Education Foundation last week and two mini-grants were awarded to two schools in El Mirage. Councilor Delgado also exclaimed that he attended the monthly meeting with the library committee along with the Co~~nty and the El Mirage library usage percentage skyrocketed over 36% at 'thistime last year. A team will also be coming into the City in a week or so to help make things run smoother and/or address any problems at the El Mirage library. Councilor Conner said that hejust returned homefrom his trip at the National League of Cities Congressional conference in Washington D.C. He stated that the City of El Mirage is getting noticed by our Congressional delegates as well as other cities in the valley. VI. CITY MANAGER SUMMARY OF CURRENT EVENTS City Manager 

### BJ Cornwall said that there is currently a lot of activity within the City of El Mirage. The El Mirage Road project has commenced. The dirt-Regular Minutes 3113/08 Page 4 of 4 work has started for the Shell gas-stationat the corner of Cactus and El Mirage Rd. Primrose St. road-workwill start on March 1 

### 7th. This Saturday, March l!jth, there will be a bulk-trash and hazardouswaste drop-off at the corner of El Mirage and Thunderbird Roads. City Manager BJ Cornwall commented that the National League of Cities Co~gressional Conference in Washington D.C. was a success due to a team effort on part of Councilor Conner, Councilor Cleveland, and Intergovernmental Relations Director Pat Dennis. City Manager BJ Cornwall welcomed Scott Chesney, ,the City's new Economic Development Director.

VII. CALLTO THE PUBLIC There were no corrrments .fromthe public. VIII. ADJOURNMENT Mayor FredWaterman adjourned the meeting at 6:14 p.m

Fredwaterman, Mayor

ATTEST:

I hereby certify the foregoing minutes are a true and accurate record of the City of El Mirage Regular Council Meeting held March 13, 2008 and a quorum was present. 

### I, Richard Saathoff, Clerk ofthe City of

### El Mirage do hereby the aboveminutes as a true and accurate copy ofthe minutes ofthe Regular Meeting of the CormonCouncil held Wednesday, March 13,2008.

City Clerk City ofEl MirageAN ORDINANCE OF THE MAYOR AND COUNCIL OF THE ClTY OF EL MIRAGE, ARIZONA, AMENDING THE CODE OF THE ClTY OF EL MIRAGE, BY ADDING A NEW CHAPTER 23 RELATINGTO AIR POLLUTION AND DUST CONTROL REGULATIONS;AND AMENDING CHAPTER 13 BY DELETEING SECTION 13-4-1 RELATING TO EXCESS DUST.
BE IT ORDAINED by the Mayor and Council of the City of El Mirage as follows: Section 1. That the Code of the City of El Mirage be, and is hereby, amended by adding a new Chapter 23 titled "Air Pollution Control Regulations; Dust Control," which shall read as follows:



### CHAPTER 23 

### -AIR POLLUTIONCONTROL REGULATIONS; DUST CONTROL
Article 23-1 ADMINISTRATION 23-1-1 Purpose 23-1 -2 Defir~itio~is 23-1-3 Unpaved roads, shoulders and alleys 23-1

### -4 Parking areas 23-1-5 OpenAreas and Vacant lots 23-1-6 Leaf blowers 23-1-7 Off-HighwayVehicles Sec. 23-1-1 Purpose The purpose of this code is to complywith the Arizona House Bill 1552 which stipulates that each jurisdiction provide inthe city code measures to control dust pollution which may be enforceable by the jurisdiction. The intent is to limit particulate matter emissions intothe ambient air from any property, operation or activity that may serve as a fugitive dust source. 23-1 -2 Definitions Disturbed Surface Area- A portion of the earth's surface (or material placed thereupon) which has been physically moved, uncovered, destabilized, or otherwise modified from its I-~ndisturbed native condition. Dust Control 

## implement-A tool, machine, equipment, accessory, structure, enclosure, cover, material or supply, including an adequate readily available supply of water and its associated distributionldeliverysystem, usedto control fugitive dust emissions.Dust Control Plan-A written plan describing all control measures.
Dust Generating Operation-Any activity capable of generating fugitive dust, including but not limitedto, land clearing, earthmoving,weed abatement by discing or blading, excavating, construction, demolition, material handling, storage and/or transporting operations, vehicle use and movement, the operation of any outdoor equipment, or unpaved parking lots. For the purpose of this code, basic (not including trenching, grading or any other mechanizedactivity) landscaping maintenance and/or playing on a ballfield shall not be considereda dust generating operation.
Dust Suppressant- 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 

### U.S. 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. Fugitive Dust- The particulate matter, which is not collected by a capture system, which is entrained in the ambient air, and which is caused from human and/or natural activities, such as but not limited to, movement of soil, vehicles, equipment, blasting and wind. Intermittent Source-A fugitive dust generating operation and/or activity that lasts for a duration of less than six consecutive minutes.
Motor Vehicle- A self-propelled vehicle for use on the public roads and highways of the City of El Mirage 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 connectedto or propelled by the actual motorized portion of the vehicle. 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 motor buggies. Open Areas and Vacant Lots-Any of the following: A. An unsubdividedor undeveloped tract of land adjoining a developed or a partially developed residential, industrial, institutional, governmental or a commercial area. B. A subdivided residential, industrial, institutional, governmental or commercial lot,which contains no approved or permitted buildings or structures of a temporary or permanent nature. C. A partially developed residential, industrial, institutional, governmental or commercial lot. D. A tract of land, in the non-attainment area, adjoining agricultural property.

### E. Vacant portions of residential or commercial lots that are immediately adjacent and owned andlor operated by the same individual or entity are considered one vacant open area or vacant lot. 

### F. Does not include any site that has been issued a county dust control permit. Owner andlor Operator- Any personwho owns, leases, operates, controls or supervises a dust generating operation subjectto the requirements of this code. Pave-To apply and maintain asphalt, concrete, or other similar'materialto a roadway surface (i.e. asphaltic concrete, concrete pavement, chip seal, or rubberized asphalt). Public Roadways-Any roadways that are open to public travel. Silt-Any aggregate material with a particle size of less than 

### 75 micrometers in diameter which passes through a No. 200 sieve. Unpaved Haul1Access Road- Any on-site unpaved road used by commercial, industrial, institutional, or governmental travel. Unpaved Parking Lot- Any area (other than residentialwith four or fewer units) larger than 5,000 squarefeet .that is not paved and that is usedfor parking, maneuvering or the storing of motorvehicles and residentialareas of 

### 3,000 square feet or more with four or fewer units. Unpaved Road- Any road or equipment path that is not paved and used exclusivelyfor the purpose of travel by motorvehicle. Sec. 23-1-3 Unpaved Roads, Shoulders and Alleys A. The PublicWorks Department shall implement and maintain a plan for the stabilization of city-owned unpaved roads, alleys and the unpavedshoulders on all arterial roadswith the use of approved dust suppressants. An inventory shall be taken and routinely updatedto identify unpaved ROW'S,haullaccess roads, roadways (designated or otherwise), shoulders and alleys for treatment. The following criteria shall be considered for prioritizing the dust control measures: Traffic Volume: Roads with greatertraffic volume have a higher potential for dust emissions from the road surface and shoulders based upon direct tire action as well as vehicular wake effects. Consistent with ARS 9- 500.04, priority shall be given to unpaved roads with 100 average daily trips. Traffic volumes shall also be considered in prioritizing shoulders. Alley traffic volumes are generally low, but should be considered for treatment. Shoulders on Arterial Roads or Other Road Seamentswith Vehicular Use: Shoulders shall be prioritized for stabilization based upon the location of the shoulder segments along arterial streets and evidence of vehicularuse. Shoulders which appear to be used for unauthorized turn lanes, parking, or traffic bypass shall have a higher priority. In addition, shoulders in areas where vehicular use is anticipated due to projected traffic volume have a higher potential for generating dust emissions. Traffic Speed: Roadwayswith a higher vehicular speed also have a higher potentialfor generating dust from direct vehicular tire action and the vehicular wake effect. Heavy- Duty Truck Traffic: Roadwayswith higher heavy-duty truck traffic have a higher potentialfor dust from the larger tires, greater weight and largervehicle profile,which cause a greater wake effect. Silt Content in Underlying Soil: Natural soils with clay and silty clay have a severe erosion potential rating. This rating indicates a high potential for generatingfine particle of dust, which stay suspended as PM-10 pollution. Areas of high silt content within the City of El Mirage limits shall be identified and targeted for routine observation and treatment. Tarqet Areas: Priority shall be given to the Agua Fria river basin and the areas adjacentto the river. In addition, the areas containedwithin the Dysart Ranchettecommunity shall be given priority as these areas reflect the highest opportunity to reduce PM-10 through the treatment of unpaved roads. Safety, drainaqe and other issues: Safety and drainage issues are an importantfactor in prioritizing treatment areas. Roads and paving shoulders in areas without a storm drain system are susceptible to discharge onto the roadway. Selection of roads for treatment must also include consideration of cor~nectivity to other roads, as well as the location, relative to other paving and stabilization projects. 

### B. The City of El Mirage will maintain recordsof implementationof city-owned road, shoulder and alley treatments and will submit annual or periodic reports as requested by Maricopa County or other responsible agencies. C. Private roadways usedfor haul/access or any on-site unpaved road used by commercial, industrial, institutional,or governmentaltravel shall be targeted by Code Enforcementfor compliance with the dust control measures included within this document unless the following measures are continuously observed: Speed limits are posted at 15 mph and trips on the roadway are limited to 5 20 trips per day. Water is applied so the surface is visibly moist.
D. Enforcement shall encourage the application of paving material, gravel, recycled asphalt or other dust suppressant. 1. A Noticeof Violation will be issued at the first citationiwhich includes a fine of $250. NOV will specify time for complianceto be 30 days. 2. Second citationswithin any six month period will result in a fine of $500. NOV will specify compliancewithin 2 weeks time. 3. Third offense (no time limitation) will result in a civil citation.4. Additional fines may be issued by Maricopa CountyAir Quality for repeat offenders. 5. Code Enforcement Officers may issue upon first offerise a Notice of Compliance,with no associated fines, for the purpose of educating the public on dust control regulations. This NOC will specify a time limit to comply, information on PM-10 and/or other (updated) regulatory measures and the means of compliance. Sec. 23-1-4 Parking Areas A. Parking, maneuvering, ingress or egress or storage of vehicles on any industrial, institutional, governmental or commercial property in excess of 5,000 square feet in area and residential buildings with four (4) or fewer units shall be on a stabilized surface. Parking, maneuvering, ingress and egress, or storage of vehicles on areas 3,000squarefeet or more in area, on any residential propertywith four or fewer units shall be on a stabilized surface.
6. Enforcement, effective October 1, 2008, shall encourage the.application and maintenanceof paving material, gravel, recycled asphalt or other suitable dust suppressant.
1. A Notice of Violation will be issued at the first offense which includes a fine of $500 and/or compliance within 30 days. 2. Second offenses within any six month period will result in a fine of $ 1,000 and/or compliance within 2 weeks. 3. Third offense (no time limitation) will result in a civil citation. 4. Additionalfines may be issued by Maricopa CountyAir Quality for repeat offenders. 5. Prior to the effective date, Code Enforcement Officers may issue Notices of Compliance with no associatedfines for the purpose of educating the public on dust control regulations.This NOC will specify immediate corr~pliance and information on PM-10 or other (updated) regulatory measures.
C. Reasonable written notice to the propertyowner that the unpaved disturbed surface. is required to be stabilized shall be given. The City of El Mirage has the authority to enter onto the lotto stabilize the disturbed surface at the expense of the owner 

### if stabilization has not been met by the day set for compliance. Sec. 23-1-5 Open Areas and Vacant Lots Open Areas and Vacant lots as described in Section 23-1-2 shall comply with all dust control regulations requiring stabilization of the disturbed surface as specified in Rule 310 of the Maricopa County Air Pollution Control Regulations.

### A. The parking or access of any vehicle on the site is restrictedto stabilized surfaces only. -The owner of any vacant property is responsiblefor restricting access to the property by: (1) The posting of and maintenanceof signagewhich states trespass by any motorized or non-motorized vehicleloff-roadvehicle is prohibited. Signs must be posted on all sides of the property accessibletolby the public and spaced at an interval minimumof 150 feet. (2) Installing physical barriers such as curbs, fences, gates, posts, shrubs and/or trees to prevent access. 

### B. Any surface area which exceeds 

### .I 0 acres or 4,356 square feet of area where a dust generating operation,as described in Section 23-1-2, is taking place the ownerloperator is required to have intheir possession a dust permitfrom the MaricopaAir Quality Department (MCAQD) which contains an approved dust control plan. Ownerloperators blading and discing properties less than .I0acres are responsiblefor utilizing a Rule 310 dust control implement1methodfor controlling fugitive d~~st emissions. C. Enforcement, effective October 1, 2008, shall encourage the owner's responsibilityto comply with the dust prevention measures. 1. A Notice of Violation will be issued at the first offense which includes a fine of $250 and/or compliancewithin 30 days. 2. Second offenses within any six month period will result in a fine of $500 andlor compliance within 2 weeks. 

### 3. Third offense (no time limitation)will result in a civil citation. 4. Additional fines may be issued by Maricopa County Air Quality for repeat offenders. 5. Prior to 'the effective date, Code Enforcement Officers may issue Notices of Compliance with no associatedfines, for the purposeof educating the public on dust control regulations.This NOC will specify immediate compliance and information on PM-10 or other (updated) regulatory measures. 

### 6. Citations, with a penalty of $250, may also be issuedto the person(s) responsible for committing the trespass by Code Enforcementandlor Police. 

### D. Reasonablewritten noticeto the propertyowner that the unpaved disturbed surface is required to be stabilizedshall be given.The City of El Mirage has the authorityto enter onto the lot to stabilizethe disturbed surface, fence or otherwise restrict access to the site at the expense of the owner if compliance has not been met bythe time specified. Sec. 23-1-6 Leaf Blowers 

### A. Any contractor, employee or landowner operating a leaf blowerwithin the city limits is prohibited under the following conditions:The use on high pollution advisory days other than in vacuum mode. The blowing of debris onto public/public access roadways is prohibited at all times. Use on any non-stabilized surface.


### 6. Enforcement,effective March 31, 2008, shall encourage responsibility to comply with the dust prevention measures.
1. A Noticeof Violation will be issued at the first citation which includes a fine of $250. 2. Second citations within ally six month period will result in a fine of $500. 3. Third offense (no time limitation) will result in a civil citation. 4. Additional fines may be issued by Maricopa County Air Quality for repeat offenders. Sec. 23-1-7 Off-Highway Vehicles 

### A. The operation of any vehicle, including off-highway, all-terrain or an off-road recreational vehicle, bicycles, scooters or any other manual or self propelled vehicle, equipment or machinery is prohibited from operating: On any unpaved surface that is not a public or private road, street or lawful easement which has been closed/posted by the landowner. On any unpaved surface on high-pollution advisory days. Exceptions: The operations of vehicles inthe normal course of business or government operations. Vehicle identification must be visible and readable by the public by way of a marked company vehicle, signage on the vehicle or a posted sign in the window of the vehicle. An event 'that is intendedfor an OHV and that is endorsed, authorized permitted or sponsored by a public agency, occurs on a designated route or area and includesdust abatement measures at all staging areas, parking areas and entrances. An eventthat occurs at a facility where admission or use fee is charged and includes dust control measures. A closed coursethat is maintained with dust abatement measures. Golf carts used as a part of a private or pl~blic golf course.


### 6.A personwho violates this ordnance is guilty of a Class 3 misdemeanor. A judge may order the person to perform 8-24 hours of community restitution, or completean OHV safety course, or both in lieu of a fine. Fines are set per 

### AZ Bill 1522as follows:
A warning for the first violationA civil penalty of $50 for the second violation A civil penalty of $100 for the third violation A civil penalty of $250 for the fourth and subsequent violations. Section 2. That the Code of the City of El Mirage be and is hereby amended by deleting in its entirety Section 

### 13-4.1 titled "Excessive Dust." Section 3. The City Clerk is hereby directed to publish this adopting ordinance in full. PASSED,ADOPTED AND APPROVED by the Mayor and Council of the City of El Mirage,Arizona, this 13~3 day of 

# MC~,~,L,,

, 2008.

Fred ~atermsn, Mayor

ATTESTED: APPROVED AS TO FORM:

-2.dkLJ 

# g&t$J Richard Saathoff, ~itj~kt-k Richard Flaaen, City Attorney



### I, Richard Saathoff, Clerk of the City ofEl Mirage do herebythe above ordinance as a true and accuratecopy ofthe ordinance adopted at the Regular Meeting ofthe Common Councilheld Wednesday, March 13,2008.

Fdchard Saathoff, W4d) City Clerk City ofEl Mirage