HomeMy WebLinkAbout1639 - ORDINANCES - 11/5/2003 ORDINANCE NO. 1639
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, REPEALING EXISTING CHAPTER 8.50 IN
ITS ENTIRETY AND ,ADDING SECTION 8.50 OF THE
PALM SPRINGS MUNICIPAL CODE RELATING TO
FUGITIVE DUST CONTOL.
The City Council of the City of Palm Springs, California does ordain as follows:
SECTION 1 Repealing Chapter 8.50 in its entirety and adding Section 8350 of the
Palm Springs Municipal Code relating to Fugitive Dust Control, as follows:
8,50.005 Purpose
The purpose of this ordinance is to establish minimum requirements for construction
and demolition activities and other specified sources in order to reduce man-made
fugitive dust and the corresponding PM10 emissions.
8.50.0110 Definitions
For the purpose of this ordinance, the following definitions are applicable:
1 AGRICULTURAL OPERATIONS are any operation directly related to the
growing of crops, or raising of fowls or animals for the primary purpose of
making a livelihood.
2 AQMD is the South Coast Air Quality Management District and the
representatives thereof.
3 AVERAGE DAILY TRAFFIC; (ADT) is the number of motor vehicles that
traverse a given unpaved or paved surface during a specified 24-hour period.
ADT levels are calculated as the average daily volume over a specified 48-hour
period as determined by the City in consultation with the AQMD.
4 BULK MATERIAL is all sand, gravel, soil, aggregate and other organic and .
inorganic particulate matter.
5 CHEMICAL DUST SUPPRESSANTS are non-toxic chemical soil binders that
are not prohibited for use b,y the City, the California Regional Water Quality
Control Board, the California Air Resources Board, the U.S. Environmental
Protection Agency (U.S. EPA), or any other law, rule or regulation, used to
reduce dust on disturbed surfaces.
6 CITY means the City of Palm Springs or its authorized representative.
7 COACHELLA VALLEY BEST AVAILABLE CONTROL MEASURES (CV
BACM) are methods to prevent or mitigate the emission and/or airborne
transport of fugitive dust, as identified in the Coachella Valley Fugitive Dust
Control Handbook.
8 COACHELLA VALLEY FUGITIVE DUST CONTROL HANDBOOK is the most
recently approved reference document by the AQMD that includes a
description of fugitive dust control measures, guidance for preparation of
Fugitive Dust Control Plans, notification forms, signage provisions, and test
methods.
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9 CONSTRUCTION ACTIVITIES are any on-site activities preparatory to or
related to the building, alteration, rehabilitation, or improvement of property,
' including, but not limited to the following activities; grading, excavation,
trenching, loading, vehicular travel, crushing, blasting, cutting, planning,
shaping, breaking, equipment staging/storage areas, weed abatement activities
or adding or removing bulk materials from storage piles.
10 DEMOLITION ACTIVITIES are the wrecking or taking out of any load-
supporting structural member of a structure or building and related handling
operations or the intentional burning of any structure or building.
11 DISTURBED SURFACE AREA is any portion of the earth's surface (or material
placed thereupon) that has been physically moved, uncovered, destabilized, or
otherwise modified from its undisturbed native condition (including vehicular
disturbances) thereby increasing the potential for the emission of fugitive dust.
This definition does not include land that has been restored to a native
condition, such that the vegetative ground cover and soil characteristics are
equal to surrounding native conditions.
12 EARTH-MOVING OPERATIONS are the use of any equipment for an activity
where soil is being moved or uncovered.
13 FINISH GRADE is the final grade of the site that conforms to the approved
grading plan.
14 FUGITIVE DUST is any solid particulate matter that becomes airborne, other
' than that emitted from an exhaust stack, directly or indirectly as a result of
human activities. PM10 is a subset of fugitive dust and is defined as particulate
matter with an aerodynamic diameter of 10 microns or less.
15 FUGITIVE DUST CONTROL PLAN is a document that describes fugitive dust
sources at a site and the corresponding control measures and is prepared in
accordance with the guidance contained in the Coachella Valley Fugitive Dust
Control Handbook.
16 HIGH-WIND EPISODE is when wind speeds exceed 25 miles per hour as
measured by:
A. the closest AQMD monitoring station, or
B. a certified meteorological monitoring station, or
C. an on-site wind monitor calibrated and operated on-site in accordance with
the manufacturer's specifications with a data logger or strip chart.
17 OPERATOR is any person who owns, leases, operates, controls, or supervises
any potential fugitive dust generating operation subject to the requirements of
this ordinance. This definition includes any person who has been officially
designated by a property owner as the person responsible for fugitive dust
control at a site, as indicated in an approved Fugitive Dust Control Plan.
18 PAVED ROAD is an improved street, highway, alley, public way, or easement
that is covered by roadway materials (e.g., cement, asphalt or asphaltic
' concrete).
19 PHYSICAL ACCESS RESTRICTION is any barrier, including but not limited to;
curbs, fences, gates, posts with fencing, shrubs, trees, or other measures that
are effective in preventing vehicular and Off-Highway Vehicle (OHV) use of a
specified site. /
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20 SILT is any bulk material with a particle size less than 75 micrometers in
diameter that passes through a Number 200 sieve as determined by American
Society of Testing and Materials (ASTM) Test Method C 136 or any other test
method approved by the U.S. EPA and AQMD.
21 SITE is the real property on which construction; demolition, or other activities
subject to this ordinance may occur.
22 STABILIZED SURFACE is any portion of land that meets the minimum
standards as established by the applicable test method contained in the
Coachella Valley Fugitive Dust Control Handbook.
23 STORAGE PILE is any accurnulation of bulk material with a height of three feet
or more and a total surface area of 300 or more square feet.
24 UNPAVED PARKING LOT is an area utilized for parking vehicles and
associated vehicle maneuvering that is not covered with roadway materials
(e.g., cement, asphalt or asphaltic concrete).
25 UNPAVED ROAD is any service roads, internal access roads, heavy and light
duty equipment paths and other roadways which are not covered by typical
roadway materials (e.g., cement, asphalt, asphaltic concrete).
26 TEMPORARY UNPAVED PARKING LOTS are those used less than 24 days
per year.
8.50.015 Performance Standards and Test Methods
All performance standards and test methods referenced in this ordinance shall be
based on the methodologies included in the Coachella Valley Dust Control
Handbook.
8.50.020 Control Requirements
.021 Work Practices —All Fugitive Dust Sources
1 No operator shall conduct any potential dust-generating activity on a site unless
the operator utilizes one or more Coachella Valley Best Available Control
Measures, as identified in the Coachella Valley Fugitive Dust Control
Handbook for each fugitive dust source such that the applicable performance
standards are met.
2 Any operator involved in any potential dust-generating activity on a site with a
disturbed surface area greater than one acre shall, at a minimum, operate a
water application system as identified in the Coachella Valley Fugitive Dust
Control Handbook, if watering is the selected control measure.
Performance Standards and Test Methods
3 No person subject to the requirements contained in Section .021(1) shall cause
or allow visible fugitive dust emissions to exceed 20 percent opacity, or extend
more than 100 feet either horizontally or vertically from the origin of a source,
or cross any property line.
.022 Construction and Demolition Activities
1 Any operator applying for a grading permit, or a building permit for an activity
with a disturbed surface area of more than 5,000 square feet, shall not initiate /�
any earth-moving operations unless a Fugitive Dust Control Plan has been l� ,f
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prepared pursuant to the provisions of the Coachella Valley Fugitive Dust
Control Handbook and approved by the City.
2 A, complete copy of the approved Fugitive Dust Control Plan must be kept on
site in a conspicuous place at all times and provided to the City and AQMD
upon request.
3 Any operator involved in demolition activities shall comply with AQMD Rule
1403 (Asbestos Emissions from . Demolition/Renovation Activities)
requirements, and the requirements of Title 40, Part 61 of the code of Federal
Regulations.
4 Any operator involved in earth-moving operations shall implement at least one
of the following short-term stabilization methods during non-working hours:
A. maintaining soils in a damp condition as determined by sight or touch; or
B. establishment of a stabilized surface through watering; or
C. application of a dust suppressant in sufficient quantities and concentrations
to maintain a stabilized surface.
5 Within 10 days of ceasing activity, an operator shall implement at least one of
the following long-term stabilization techniques for any disturbed surface area
where construction activities are not scheduled to occur for at least 30 days:
A. re-vegetation that results in 75 percent ground coverage provided that an
active watering system is in place at all times; or
B. establishment of a stabilized surface through watering with physical access
restriction surrounding the area; or
C. use of chemical stabilizers to establish a stabilized surface with physical
access restriction surrounding the area.
6 Any operator shall remove all bulk material track-out from any site access point
onto any paved road open to through traffic:
A. within one hour if such material extends for a cumulative distance of
greater than 25 feet from any site access point; and
B. at the conclusion of each workday.
7 Any operator of a project with a disturbed surface area of five or more acres or
of any project that involves the import or export of at least 100 cubic yards of
bulk material per day shall install and maintain at least one of the following
control measures at the intersection of each site entrance and any paved road
open to through traffic with all vehicles exiting the site routed over the selected
device(s):
A. pad consisting of minimum one inch washed gravel maintained in a clean
condition to a depth of at least six inches and extending at least 30 feet
wide and at least 50 feet long; or
B. paved surface extending at least 100 feet and at least 20 feet wide; or
C. wheel shaker / wheel spreading device consisting of raised dividers (rails,
' pipe, or grates) at least three inches tall and at least six inches apart and 20
feet long; or
D. a wheel washing system.
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8 Any operator required to submit a Fugitive Dust Control Plan under Section
.022(1) shall install and maintain project contact signage that meets the
minimum standards of the Coachella Valley Fugitive Dust Control Handbook,
including a 24-hour manned toll-free or local phone number, prior to initiating
any type of earth-moving operations. Said operator shall also be required to
post a bond, cash deposit or equivalent in a form approved by the City at a rate
of $2,000 per disturbed acre or portion thereof. Such bond or deposit shall be
conditioned for and limited to expenditure by the City in such increments as
may be determined to be necessary to pay for emergency dust control
measures deemed necessary by the City in the event of discovery of a sand or
dust condition having developed and in the,event effective remedial measures
by operator are not forthcoming in a timely manner. Where the City must draw
on the bond or deposit as provided herein, the operator shall replenish or
replace same, upon demand, to the original amount. The cash or bond shall
be returned to operator once the sources of the fugitive dust have been
eliminated.
9 Any operator of a project with a disturbed surface area of 50 or more acres
shall have an Environmental Observer on the site or available on-site within 30
minutes of initial contact that:
A. is hired by the property owner or developer; and
B. has dust control as the sole or primary responsibility; and
C. has successfully completed the AQMD Coachella Valley Fugitive Dust
Control Class and has been issued a Certificate of Completion for the class;
and
D. , is identified in the approved Fugitive Dust Control Plan as having the
authority to immediately employ sufficient dust mitigation 24-hours per day,
seven days a week and to ensure compliance with this ordinance, the
approved Fugitive Dust Control Plan, and AQMD regulations.
Performance Standards and Test Methods
10 No operator required to submit a Fugitive Dust Control Plan under Section
.022(.1) shall cause or allow visible fugitive dust emissions to exceed 20
percent opacil.y, or extend more than 100 feet either•horizontally or vertically
from the origin of a source, or cross any property line.
11 Exceedance of the visible Emissions prohibition in Section .022(1) occurring
due to a high-wind episode shall constitute a violation of Section .022(1),
unless the operator demonstrates to City all the following conditions:
A. all Fugitive Dust Control Plan measures or applicable Coachella Valley Best
Available Control Measures were implemented and maintained on site; and
B. the exceedance could not have been prevented by better application,
implementation, operation, or maintenance of control measures; and
C. appropriate recordkeeping was complied and retained in accordance with
the requirements in Section .022.12 through .022.15; and
D. documentation of the high-wind episode on the day(s) in question is
provided by appropriate records.
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Reporting / Recordkeeping
Before Construction
12 The operator of a project with ten acres or more of earth-moving operations
shall:
A. forward two copies of a Site-Specific, Stand Alone [8'/ by 11 inch] Fugitive
Dust Control Plan to the AQMD within ten days after approval by the
City.[Note: A separate AQMD approval will not be issued]; and
B. notify the City and the AQMD at least 24-hours prior to initiating earth-
moving operations.
During Construction
13 Any operator involved in earth-moving operations shall compile, and maintain
for a.period of not less than three years, daily self-inspection recordkeeping
forms in accordance with the guidelines contained in the Coachella Valley
Fugitive Dust Control Handbook.
14 Any operator involved in earth-moving operations that utilizes chemical dust
suppressants for dust control on a site shall compile records indicating the type
of product applied, vendor name, and the method, frequency, concentration,
quantity and date(s) of application and shall retain such records for a period of
not less than three years.
' After Construction
15 Any operator subject to the provisions of Section .022.12 shall notify the City
and the AQMD within ten days of the establishment of the finish grade or at the
conclusion of the finished grading inspection.
.023 Disturbed Vacant Lands/Weed Abatement Activities
1 Owners of property with a disturbed surface area greater than 5,000 square
feet shall within 30 days of receiving official notice by the City prevent trespass
through physical access restriadion as permitted by the City.
2 In the event that implementation of Section .023.1 is not effective in
establishing a stabilized surface within 45 days of restricting access, the owner
shall implement at least one of the following long term stabilization techniques
within an additional 15 days, unless the City has determined that the land has
been restabilized:
A. uniformly apply and maintain surface gravel or chemical dust suppressants
such that a stabilized surface is formed; or
B. begin restoring disturbed surfaces such that the vegetative cover and soil
characteristics are similar to adjacent or nearby undisturbed native
conditions. Such restoration control measure(s) must be maintained and
reapplied, if necessary, such that a stabilized surface is formed within 8
months of the initial application.
3 Any operator conducting weed abatement activities on a site that results in a
disturbed surface area of 5,000 or more square feet shall:
A. apply sufficient water before .and during weed abatement activities such
that the applicable performance standards are met; and
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B. ensure that the affected area is a stabilized surface once weed abatement
activities have ceased.
Performance Standards and Test Methods
4 No person subject to the provisions of Sections .023.1 through .023.3 shall
cause or allow visible fugitive: dust emissions to exceed 20 percent opacity, or
extend more than 100 feet either horizontally or vertically from a source, or
cross any property line, and shall either:
A. maintain a stabilized surface; or
B. maintain a threshold friction velocity for disturbed surface areas corrected
for non-erodible elements of 100 centimeters per second or higher.
Reporting / Recordkeeping
5 Within 90 days of ordinance adoption, operators of property with disturbed
surface area of 5,000 or more square feet shall notify the City of the location of
such lands and provide owner contact information.
6 Any person subject to the provisions of Sections .023.1 through .023.3 shall
compile, and retain for a period of not less than three years, records indicating
the name and contact person of all firms contracted with for dust mitigation,
listing of dust control impfements used on-site, and invoices from dust
suppressant contractors/vendors.
Section 8.50.024 Unpaved Roads
1 Owners of private unpaved roads with average daily traffic levels between 20
and 150 vehicles must take measures (signage or speed control devices) to
reduce vehicular speeds to no more than 15 miles per hour.
2 Owners of a cumulative distance of six or less miles of private unpaved roads
shall pave each segment having 150 or more average daily trips or,
alternatively apply and maintain dust suppressants in accordance with the
manufacturer's specifications for a travel surface and the performance
standards included in Section .024.4 in accordance with the following treatment
schedule:
A one-third of qualifying unpaved road segments within one year of
ordinance adoption; and
B. remainder of qualifying unpaved road segments within three years of
ordinance adoption. (Note: treatments in excess of annual requirements can
apply to future years.)
3 Owners of a cumulative distance of more than six miles of private unpaved
roads shall stabilize each segment having 150 or more average daily trips in
accordance with the following treatment schedule:
A. at least two miles paved or four miles stabilized with chemical dust '
suppressants in accordance with the manufacturer's specifications for a
travel surface and the performance standards established in Section .024.4
within one year of the ordinance adoption; and
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B. at least two miles paved or four miles stabilized with dust suppressants in
accordance with the manufacturer's specifications for a travel surface and
the performance standards included in Section .024.4 in accordance with
the following treatment schedule annually thereafter until all qualifying
unpaved roads have been stabilized. (Note: treatments in excess of annual
requirements can apply to future years).
Performance Standards and Test Methods
4 Owners of any private unpaved road shall not allow visible fugitive dust
emissions to exceed 20 percent opacity, or extend more than 100 feet either
horizontally or vertically from the origin of a source, and shall either:
A. not allow silt loading to be equal to or greater than 0,33 ounces per square
foot; or
B. not allow the silt content to exceed six percent.
Reporting / Recordkeeping
5 Within 90 days of ordinance adoption, owners of unpaved roads shall provide
to the City and the AQMD the location and ADT estimates for all unpaved
roads.
6 Owners of unpaved roads that utilize dust suppressants shall compile, and
retain for a period of not less than three years, records indicating the type of
' product applied, vendor name, and the method, frequency, concentration,
quantity and date(s) of application.
025 Unpaved Parking Lots
1 Owners of parking lots established subsequent to ordinance adoption are
required to pave such areas, or alternatively apply and maintain chemical dust
suppressants in accordance with the manufacturer's specifications for traffic
areas and the performance standards included in Section .025.4.
2 Owners of existing private unpaved parking lots shall implement one of the
following control strategies within 180 days of ordinance adoption:
A. pave; or
B. apply and maintain dust suppressants in accordance with the
manufacturer's specifications for traffic areas and the performance
standards included in Section .025.4;
C. apply and maintain washed gravel in accordance with the performance
standards included in Section .026.4.
3 Owners of private temporary unpaved parking lots (those that are used 24 days
or less per year) shall apply and maintain chemical dust suppressants in
accordance with the manufacturer's specifications for traffic areas and the
performance standards included in Section .025.4 prior to any 24-hour period
' when more than 40 vehicles are expected to enter and park. The owner of any
temporary unpaved parking lot greater than 5,000 square feet shall implement
the disturbed vacant land requirements contained in Section .023 during non-
parking periods.
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Performance Standards and Test Methods
4 The operator of any private unpaved parking lot shall not allow visible fugitive
dust emissions to exceed 20 percent opacity, or extend more than 100 feet
either horizontally or vertically from the origin of a source, and shall either:
A. not allow silt loading to be equal to or greater than 0.33 ounces per square
foot; or
B. not allow the silt content to exceed eight percent.
Reporting / Recordkeeping
5 Within 90 days of ordinance adoption, owners of unpaved parking lots shall
provide to the City and the AQMD the location and ADT estimates and the size
(in square feet) of unpaved parking lots.
6 Owners of unpaved parking lots that utilize chemical dust suppressants or
apply gravel shall compile, and retain for a period of not less than three years,
records indicating the type of product applied, vendor name, and the method,
frequency, concentration, quantity and date(s) of application.
.026 Public or Private Paved Roads
1 Any owner of paved roads shall construct, or require to be constructed all new
or widened paved roads in accordance with the following standards:
A. curbing in accordance with. the American Association of State Highway and
Transportation Officials guidelines or as an alternative, road shoulders ,
paved or treated with dust suppressants or washed gravel in accordance
with the performance standards included in Section .024.4 with the
following minimum widths:
B.
Average Daily Trips Minimum Shoulder Width
500 - 3,000 4 feet
3,000 or greater 8 feet
C. paved medians or as an alternative, medians surrounded by curbing and
treated with landscaping, dust suppressants, or washed gravel applied and
maintained in accordance with the performance standards included in
Section .024.4.
2 Any owner of public or private paved roads shall remove or cause to be
removed any erosion-caused deposits of greater than 2,500 square feet within
24-hours after receiving notice by the City or the AQMD or prior to resumption
of traffic where the paved area has been closed to vehicular traffic.
Section 8.50.030 Administrative Requirements
1 Any operator preparing a Fugitive Dust Control Plan shall complete the AQMD
Coachella Valley Fugitive Dust Control Class and maintain a current valid
Certificate of Completion. 1 '
2 At least one on-site representative of each construction or demolition general
contractor and subcontractor responsible for earth-movement operations shall
complete the AQMD Coachella Valley Fugitive Dust Control Class and maintain
a current valid Certificate of Completion.
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3 All reporting /recordkeeping required by Section .022 shall be provided to the
' City and AQMD representatives immediately upon request.
4 All reporting / recordkeeping required by Section .023 through Section .026
shall be provided to the City and AQMD representatives within 24-hours of a
written"request,
Section 8.50.035 Exemptions
1 The provisions of this ordinance shall not apply to:
A. agricultural operations including on-field sources and unpaved roads used
solely for agricultural operations.
B. any dust-generating activity where necessary fugitive dust preventive or
mitigative actions are in conflict with either federal or State Endangered
Species Act provisions as determined in writing by the appropriate federal
or state agency.
C. any action required or authorized to implement emergency operations that
are officially declared by the City to ensure the public health and safety.
2 The provisions of Section .022.1 shall not apply to any construction or
demolition activity meeting any of the following activity levels or requirements:
A. the activity is occurring entirely within an enclosed structure from which no
visible airborne particulate matter escapes; or
B. activities that do not require issuance of a grading permit or those that
require a building permit provided that the project results in 5,000 or less
square feet of soil disturbance.
3 The provisions of Section .022.8 shall not apply to:
A. projects that takes two weeks or less to complete provided that a long-term
stabilization technique(s) identified in Section .023 are implemented; and
B. line projects (i.e., pipelines, cable access lines, etc.).
Section 8.50.040 Compliance
1 A person violating any section of this ordinance or any portion of an approved
Dust Control Plan is guilty of an infraction and subject to a fine as specified in
Section 1.01.155 of the Municipal Code. The third, and any additional violation,
shall constitute a misdemeanor. Any person guilty of a misdemeanor shall be
subject to a fine of not more than $1,000 and/or imprisonment for no more than
6 months Each day that the violation exists shall be deemed a separate
offense.
2 In addition to any other remedy provided by law, the failure to correct any
condition indicated in a notice of violation within one hour of issuance will allow
the City to initiate one or more of the following actions where appropriate:
A Criminal proceedings.
B Civil proceedings to obtain an injunction or any other relief against the
owner or operator to stop operations at the site.
C Refusal to issue future permits and/or release of securities held until the
owner or operator has adequately demonstrated compliance with the notice
of violation.
/D
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D Correction of the condition by the City through the use of any securities
held under this ordinance.
SECTION 2 EFFECTIVE Date. This ordinance shall,be in full force and effect 30
days after passage.
SECTION 3 PUBLICATION. The City Clerk is hereby ordered and directed to
certifiy to the passage of this ordinance and to cause same or a
summary thereof or a display advertisement, duly prepared to law, to
be published in accordance with law.
Adopted this 5th day of_ November ' 2003
AYES: Members Mills, Ocien, Reller-Spurgin and Mayor Kleindienst
NOES: None
ABSENT: Member Hodges
F / G T OF PAL 5 SS, CALIFORNIA
( f �
CITY CLERK MAYOR ,
REVIEWED AND APPROVED_
I HEREBY CERTIFY THAT THE FOREGOING Ordinance 1639 was duly
adapted by the City Council of the City of Palm Springs, California,
in a meeting held on the 5th day of November, 2003, and that a summary
of same was published in the DESERT SUN , a newspaper of general circul-
ation on October 24, 2003 and November 15,2003.
PATRICIA A. SANDERS
City Clerk