Janet Napolitano 

Governor 

11 10 West 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 Governments to achieve 5% reductions from 

the emissions baseline of Particulate Matter 10 microns and smaller in size (PMlo) annually until 

attainment of the PMlo standard is achieved. This plan included commitments to 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 is necessary for demonstrating to EPA that the emission control programs included in 

this plan are in effect. That is why we need your help. 

The following provisions of SB 1552 required cities and towns in Area A to adopt ordinances by 

March 3 1,2008: 

J Section 1, amending A.R.S. 5 9-500.04.5 

Ban leaf blower debris in public roadways 

J Section 1, amending A.R.S. 9-500.04.6 

Adopt codes requiring dustproof paving or stabilization at parking, 

maneuvering, ingress and egress areas at developments other than 

residential buildings with 4 or fewer units 

J Section 1, amending A.R.S. 5 9-500.04.7 

Adopt codes requiring paving or stabilization of parking, maneuvering, 

ingress and egress areas 3,000 square feet or larger at residential buildings 

with 4 or fewer units 

Northern Regional Office Southern Regional Office 

1801 W. Route 66 Suite 11 7 Flagstaff, AZ 86001 400 West Congress Street Suite 433 Tucson, AZ 85701 

(928) 779-031 3 (520) 628-6733 

Printed on recycled paper 
Mr. Charlie McClendon 

April 16,2008 

Page 2 

J Section 1, amending A.R.S. 5 9-500.04.8 

Adopt codes restricting vehicle parking and use on unpaved or 

unstabilized lots 

J Section 2, 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 operation on unpaved public or private roads closed by the 

landowner by rule or regulation or by proper posting, excepting vehicles 

used in the normal course of business or government operations [This 

requirement does not preempt pre-existing similar ordinances adopted for 

dust abatement purposes before 313 1/08] 

The following provisions of SB1552 required Counties containing any part of Area A to adopt 

the following ordinances: 

J Section 3, amending A.R.S. 5 1 1-87 1 .B 

By October 3 1,2007, include a ban on open burning on High Pollution 

Advisory Days forecasted for PMlo 

J Section 3, amending A.R.S. 5 1 1-871 .D. 

By October 3 1,2007, amend penalty provisions for violations of bans on 

open burning to add a $250 civil penalty for the 4th and subsequent 

violations 

J Section 5, amending A.R.S. 5 1 1 -877.A.2. 

By March 3 1,2008, ban leaf blower debris in public roadways 

J Section 5, amending A.R.S. 5 1 1 -877.A.3. 

By March 3 1,2008, ban operation of leaf blowers except on surfaces 

stabilized by 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 SB 1552 required any Maricopa County and Pinal County to adopt the 

following ordinance: 

Section 18, amending A.R.S. 5 49-501 

Ban by ordinance the use of wood burning chimineas, outdoor fire pits, 

and similar outdoor fires on County No Burn days. 
Mr. Charlie McClendon 

April 16, 2008 

Page 3 

The following provisions of SB 1552 required Maricopa County to adopt the following 

ordinances: 

Section 16, amending A.R.S. 5 49-474.01.6 

Adopt an ordinance requiring paving or stabilization of parking, maneuvering, ingress 

and egress areas 3,000 square feet or larger at residential buildings with 4 or fewer units 

J Section 16, amending A.R.S. 5 49-474.01.7 

Adopt codes restricting vehicle parking and use on unpaved or unstabilized lots 

J Section 16, amending A.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 cost to County 

to stabilize; authority to enter lot to 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 of Diane Arnst, Planning Section Manager, ADEQ Air Quality Division, 11 10 W. 

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.of all of the adopted Ordinances, to fulfill the commitments in the Plan that 

affected political subdivisions would adopt these ordinances. Ordinance adoption is only the 

first step; tracking compliance and enforcement will be the next challenge. Thank you for your 

assistance in this matter. 

If you have questions of me or would like to 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 Division 
ORDlNANCE 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, I10 ws. 

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!~e foi!owing dustproof paving 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 or the town zoning ordinance or the 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 ~7regulatioti 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 competent jurisdiction. 

(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, a judge 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