Janet Napolitano Governor 1110West Washington Street Phoenix, Arizona 85007 (602) 771-2300 www.azdeq.gov


### April 16, 2008 

### Mr. Charlie McClendon, Manager City of Avondale 11465 West Civic Center Drive Avondale, AZ 85323 

### SUBJECT: Request for Adopted

### l~lucicipal Ordinances Ste~hen A. Owens Director



### Dear Mr. McClendon: 

### I am asking for your help in securing information regarding implementation of provisions in 

### Senate Bill 1552 (Arizona Laws 2007, Chapter 292) affecting your city,town or county. This information is critical for approval of our clean air plan. In December 2007, ADEQ submitted to U.S. EPA Region 

### IX a State Implementation Plan Revision developed by the Maricopa Association of Governmentsto achieve 5%reductions from the emissions baseline of Particulate Matter 10 microns and smaller in size (PMlo)

### annually until attainment of the PMlostandard is achieved. This plan included commitmentsto adopt and enforce ordinances. The Plan Revision, including Appendices, can be viewed at 

### http://www.man.maricopa.~ovldetail.cms?item=8072. Collecting and submitting these ordinances isnecessary for demonstratingto EPAthat the emission control programs included in this plan are in effect. That is why we need your help. The following provisions of SB1552 required cities and towns inArea A to adopt ordinancesby March 3

### 1,2008:
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### Section 1, amending A.R.S. 

## 5 9-500.04.5 Ban leafblower debris in public roadways
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### Section 1,amending A.R.S. 9-500.04.6 Adopt codes requiring dustproof paving or stabilization atparking, maneuvering, ingress and egress areas at developments other than residential buildings with 4 or fewerunits
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### Section 1, amending A.R.S. 

## 5 9-500.04.7 Adopt codes requiring paving or stabilization ofparking, maneuvering, ingress and egress areas 3,000 square feet or larger atresidential buildings with 4 or fewer units
Northern Regional Office Southern Regional Office 1801 W. Route 66 Suite 117 Flagstaff, AZ 86001 400West Congress Street Suite 433 Tucson, AZ 85701 (928)779-031 3 (520)628-6733 Printedon recycledpaper

### Mr. CharlieMcClendon April 16,2008 Page 2

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### Section 1, amending A.R.S. 

## 5 9-500.04.8 Adopt codes restricting vehicle parking and use on unpaved or unstabilized lots
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### Section2, amending A.R.S. 

## 5 9-500.27 Adopt an ordinance banning operation of any vehicle including offhighway vehicles, all-terrain vehicles, and off-road recreational motor vehicles-from operationon unpaved public orprivate roads closed by the landowner by rule orregulation orby proper posting, excepting vehicles used inthe normal course ofbusiness or government operations [This requirement does not preempt pre-existing similar ordinances adopted for dust abatement purposes before 3131/08] The following provisions of SB1552required Counties containing

### any part ofArea A to adopt the following ordinances:
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### Section 3, amending A.R.S. 

## 5 1 1-87 1.B By October 31,2007,include a

### ban on open burning on High Pollution Advisory Days forecastedfor PMlo
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### Section 

### 3, amendingA.R.S. 

## 5 11-871.D. By October 31,2007,amend penalty provisions for violations ofbans on open burning to add a $250 civil penalty for the 4thand subsequent violations J 

### Section 5, amendingA.R.S. 

## 5 1 1 -877.A.2. By March 31,2008,ban leaf blower debris inpublic roadways
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### Section 5, amending A.R.S. 

## 5 1 1 -877.A.3. By March 31,2008,ban operation of leaf blowers except on surfaces stabilizedby listed methods [Exception for sites permitted by a Control Officer for dust control under A.R.S. 

## 5 49-47:l.l The following provision of SB1552required any Maricopa County and Pinal Countyto adopt the following ordinance: Section 18, amendingA.R.S. 

## 5 49-501 Banby ordinancethe use ofwood burning chimineas, outdoor fire pits, and similar outdoor fires on CountyNo Burn days.

### Mr. CharlieMcClendon April 16,2008 Page 3

The following provisions of SB1552 required Maricopa Countyto adoptthe following ordinances: Section 16, amending A.R.S. 

## 5 49-474.01.6 Adopt an ordinance requiring paving or stabilization ofparking, maneuvering, ingress and egress areas 3,000 square feet or larger at residential buildings with 4 or fewer units
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### Section 16, amending A.R.S. 

## 5 49-474.01.7 Adopt codes restricting vehicle parking and use onunpaved or unstabilized lots
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### Section 16, amendingA.R.S. 

## 5 49-474.0 1.8 Adopt rule revisions regarding 30-day advance legal notice to owner or owner's agent of need to stabilize unpaved disturbed vacant lot surface, including estimated costto County to stabilize; authorityto enter lotto stabilize at owner's expense, and related topics. Please submit a copy of adopted ordinances and proof of adoption by May 

### 8" to the attention ofDiane Arnst, Planning Section Manager,ADEQ Air Quality Division, 1110W. Washington Street, Phoenix, 

### AZ 85007. She can be reached at (602) 771-2375. It is ADEQ's goal to submit a Supplement to the 5%Plan Revision to EPA Region IX by May 3oth consisting.ofall of the adopted Ordinances,to fulfill the commitments in the Planthat affected political subdivisions would adopt these ordinances. Ordinance adoption is onlythe first step;tracking compliance and enforcement will be the next challenge. 

### Thank you for your assistance inthis matter. If you have questions of me or would liketo discuss this, please contact me at (602) 771 2308 or by e-mail at wrona.nancy@azdeq.gov. Cordially,
Nancy C.Wrona, Director Air Quality DivisionORDlNANCE NO. 1293-308 4N ORDINANCE OF THE CObYCIL OF THE CITY 

### OF XVONDALE, ARIZONA, XSIENDING THE AVONDALE CITY CODE, CHXPTEP. 15, MISCEt,LANU)US PROVISIONS AND OFFENSES, AhD CHAPTER 

### 33, TRAFFIC, RELATED 'TO DLST CONTROL AND ABATE,MENT. BE 

### l'S OKDAlNED 

### BY THE MAYOR AND COUNCIL OF 

### THE CITY GF AVONDALE as follows: SECTION 1. That the Avondale City Code, Chapter 15, Miscellaneous Provision:; ;rnJ -- Offcnscs, Article I, In General, is hereby amended by adding a new Section 15-3 to re26 a5 ti, I10ws. Section 15-4 Leaf blowers (a) It shall be unlawful for- any person operating a 

### leaf blower to blow 1andsc:qw debris cjr liliht Into a public roadisay. (b) The provi.iicsns of this Section do not apply to any site that 

### has a pern~it issurtl by 3 co~trol crfiicer as defined in Ari~ona Revised Statutes Section 13-371,.I;: ;?~nended, fur the control of fiigiii~ e dust from dust geuerating operation:?. Si.FcTION 2. Tbst tile Avnndale City Code, Chapter 13. Traffic, Article 111. S~op!;ir;~.

... 1;~:i:i~dj,i~,r :jr Parking, is hercby ::n;endi.cl b;; adding r! new Section 23-64 to read as follljws:

(a! Parking, rnane~~vering, ingress and egress areas at developments otker :i:arr resldentia! buildirlys nit11 four or fewer units shail be maintained \l;ii!l o;:e .:-.I. Inore 

### of t!~efoi!owing dustproofpaving methods:

:. .,i\p'nititic concrete.

> -. C.;!l?t'nt concrete.

7 .,. Penetrntion t~eotrnent of L.itumi!lous mslerlal :i:?cI sc21 coat !>f bit~~!xil-!c!us bincicr end a ~nincral 3gg:eg::te.(b) Parking, maneuxering, ingress and egress areas 

### 3,000 square feet or more in size at residential buildings with four or fewcr units shall be maintained with one or nlore of the following dustproof paving methods: I. Asphaltic concrete. 3. Ccnle~lt concrete. 3. Penztration treatmsnt of bituniilous ~xatcrial a~id seal coat of bituminous binder and a mineral aggregate. 

### 1. A stabilization method approved by the City. (c) NO person shall operate a vehicle on or across, or park on any portion of an unpaved or unstabilized vacant lot or area unless the property is dust-proofed pursuant to the town code orthe town zoning ordinanceorthe site has been issued a Maricopa County permit for the control of fugitive dust from dust generating operations. (d) No person shall operate any vehicle, including an off-highway vehicle, an allterrain vehicle, or 

### an off-road recreational :notor vehicle, on an unpaved surface that is not a public 01.private road. street or lawful easement and that is closed by (I) the landowner by rule ~7r egulatioti of a federal agency, this state, a county or ~nun~cipality or (2) proper posting if the land is private land. (e) This section does not apply to the operation of vehicles used in the normal course of business or the nonnal course of government operations. (f) The City Manager or authorized designee shall be penitted to enter and inspect property subject to the provisions set forth in this Section as often as may be necessary to determine compliance with this Section. 1. If a property owner or occupailt has sccurity measures in place fin the property that require proper identification and clearance before entry into the property, the prcperty owner or occupant shall nuke the necessary arrangements to allow access to representatives of the City. 2. Any tenlporary-or pemzanent obstruction to safe and convenient access to the property to be inspected shall be promptly removed by the property owner or occupant upon request of the City Manager or authorized designee and shall not be replaced until the i~:spection is complete. The costs ta protide such access shall 

### be borne by the property owner or occupant.(g) If the City Manager or authorized designee has been refused access to any part of the property believed to be in violation of this Section, and hei'she is able to demonstrate probable cause that there may be a violation of any provision 

### of this Section, or that there is a need to berify citrnpliance with this Section or any order issued hereunder, or to protect the overall public health, safety and welfare of 

### the conununity, the City hlanager or au~hurized designee rnay seek issuance or' a search warrant from any court of competentjurisdiction. (h) A pcrson who vio!a?es this section 

### is gui!ty of a c!ass 3 rnisdemear?or. In addition to or in !icu of a fine pursuant to this Secticn, ajudge Gay order 

### a person to (,1) ~~crform at least eight but not more ihafi went-ji-four hours 

### af a ccl~n~nunity restitution course or (2) complete an approved safety course related to the off-highway operation of motor vehicles, or both. SECTION 3. That, if any provision or any portion of any provision of this Ordinance is for any reason held to be unconstitutional or otherwise unenforceable by a court of competent jurisdiction, such provision or portion thereof shall be deemed separate, distinct and independent of the remaining provisions of this Ordinance and shall be severed therefrom without affecting the validity of the remaining portions of this Ordinance. PASSED -4M) 

### ADOPTED by the Council of the City of Avondale, March 17,2008.

# ~7&;iye;#/cMar~e Lopez Rod rs, hI ATTEST:

(taa 

### M. Fams, City ~lcrkAndrew J. Xlctiuire, City Xttornzji